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HomeMy WebLinkAboutCC 1987-07-09 Minutesf; n OF MEETING HELD ON JULY 9, 1987 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX !MINUTES OF REGULAR NESTING CITY COMMISSION OF MIAMI, FLORIDA JULY 9, 1987 ITEM SUBJECT LEGISLATION PAGE N0. NO. 1. PRESENTATIONS, PROCLAMATIONS, PRESENTED 1 SPECIAL ITEMS 7/9/87 2. RESCHEDULE SEPTEMBER COMMISSION R-87-622 1-4 MEETINGS 7/9/87 3. DISCUSSION IN CONNECTION WITH THE DISCUSSION 4-6 NEWSPAPER ARTICLE CONCERNING THE 7/9/87 MIAMI HEAT CONTRACT 4. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 6-7 OF BID ACCEPTANCE OF LOU'S 7/9/87 TAILORING AND UNIFORM COMPANY FOR POLICE UNIFORMS (See label #16) S. AUTHORIZE MANAGER TO ESTABLISH R-87-623 7-18 PROPOSED MILLAGE RATE FOR CITY 7/9/87 6. AUTHORIZE EXECUTIVE DIRECTOR OF 6-87-624 18-19 DOWNTOWN DEVELOPMENT AUTHORITY TO 7/9/87 ESTABLISH PROPOSED MILLAGE RATE FOR DOWNTOWN DEVELOPMENT DISTRICT 7. SISTER CITY FLAGS FROM KAOHSIUNG, M-87-625 19-20 TAIWAN, AND REPUBLIC OF FREE CHINA 7/9/87 TO BE FLOWN IN CITY COMMISSION CHAMBERS 8. UMBRELLA SISTER CITY INTERNATIONAL M-87-626 20-21 FLAG TO BE FLOWN AT CITY HALL 7/9/87 9. RECONSIDER POSSIBILITY OF NEW M-87-627 21-30 STATE-OF-THE-ART SWIMMING POOL FOR 7/9/87 ATHALIE RANGE PARK 10. CARVER BRANCH YMCA SITE FOR R-87-628 30-31 AFFORDABLE HOUSING PROJECT 7/9/87 11. REQUEST BIDS FOR CONSTRUCTION OF R-87-629 32-33 AFFORDABLE HOUSING ON CARVER BRANCH 7/9/87 YMCA SITE 12. APPROVE MARKETING AND HOME BUYER R-87-630 34-35 SELECTION PROCESS FOR AFFORDABLE 7/9/87 HOME PROGRAM 13. APPROVE TWO-TIER MORTGAGE HOME R-87-631 35-36 PURCHASING FINANCING PROGRAM FOR 7/9/87 AFFORDABLE HOUSING AT CARVER BRANCH YMCA SITE 14. CONSENT AGENDA 7/9/87 36-37 1 July 9, 1987 1.4.1 200 SEASON TICKETS OF 1987 R-87-632 37 UNIVERSITY OF MIAtlI FOOTBALL TO BE 7/9/87 DISTRIBUTED AMONG UNDER PRIVILEGED INNER CITY YOUTH 14.2 CLOSE STREETS, ESTABLISH PEDESTRIAN 9-87-633 38 MALL, ISSUE BEER/WINE PERMIT, 7/9/87 ESTABLISH RETAIL PEDDLERS AREA FOR SECOND ALLAPATTAH FAIR 14.3 RATIFY $5,700 IN -KIND SERVICES FOR 9-87-634 38 4TH OF JULY HAITIAN AMERICAN 7/9/87 CELEBRATION 14.4 ACCEPT BID OF INTERAMERICAN CAR R-87-635 38 RENTAL, INC. FOR AUTOMOBILES ON 7/9/87 RENTAL BASIS FOR POLICE DEPARTMENT 14.5 ACCEPT BID OF HIALEAH MCALUMINUM R-87-636 39 CORPORATION FOR ALUMINUM BOXES 7/9/87 14.6 ACCEPT BID OF SOUTHERN COACH, INC. R-87-637 39 FOR REFURBISHMENT OF FIRE AERIAL 8 7/9/87 14.7 ACCEPT BID OF ARMSTRONG MEDICAL R-87-638 39 INDUSTRIES FOR 5 LIFE SUPPORT 7/9/87 MANIKINS 14.8 ACCEPT BID OF TRULY NOLEN R-87-639 40 EXTERMINATING, INC. FOR FUMIGATION 7/9/87 SERVICES AT MANUEL ARTIME COMMUNITY CENTER 14.9 ACCEPT BID OF CASEY'S TOWER SERVICE R-87-640 40 FOR EQUIPMENT SHELTERS 7/9/87 14.10 ACCEPT BIDS OF SAVIN FLORIDA, INC., R-87-641 40 SAXON-NUCO, INC. AND XEROX 7/9/87 CORPORATION FOR COPIERS AND EQUIPMENT 14.11 ACCEPT BID OF CENTRAL CONCRETE OF R-87-642 41 MIAMI, INC. FOR READY MIXED 7/9/87 CONCRETE 14.12 AUTHORIZE EXECUTION OF 2 AGREEMENTS R-87-643 41 WITH CELLAR DOOR CONCERTS AND 7/9/87 FANTASMA PRODUCTIONS FOR REBATES OF NOVELTY CONCESSIONS REVENUES FROM CONCERTS 14.13 ACCEPT COMPLETED WORK OF MET R-87-644 41 CONSTRUCTION, INC. FOR ORANGE BOWL 7/9/87 JOIST REPLACEMENT 14.14 ACCEPT COMPLETED WORK OF P.N.M. R-87-645 41 CORPORATION FOR WEST DUNBAR 7/9/87 SANITARY SEWER REPLACEMENT PROJECT 14.15 ORDER CITYWIDE SANITARY SEWER R-87-646 42 EXTENSION IMPROVEMENT 7/9/87 14.16 AMENDING ASSESSMENT ROLL FOR R-87-647 42 CONSTRUCTION OF KINLOCH SANITARY 7/9/87 SEWER IMPROVEMENT 14.17 AUTHORIZE ACCEPTANCE OF 15 DEEDS OF R-87-648 42 DEDICATION FOR HIGHWAY PURPOSES 7/9/87 14.18 ONE YEAR EXTENSION OF EMPLOYMENT R-87-649 42 FOR CARMEN CRUZ 7/9/87 2 r I IS. $25,000 GRANT TO FLORIDA INBOARD 9-87-650 43-44 RACING CLUB 7/9/87 16. ACCEPT BID OF LOUIS TAILORING AND R-87-651 44-48 UNIFORM COMPANY FOR POLICE UNIFORMS 7/9/87 (See label #4) 17. ACCEPT BIDS OF JUELLE, INC. AND R-87-652 48-51 WILDCAT WRECKING CORPORATION FOR 7/9/87 DEMOLITION SERVICES 18. DISCUSSION CONCERNING CONDITION OF DISCUSSION 51-54 POLICE MOTORCYCLES AND OTHER 7/9/87 VEHICLES 19. OPEN BIDS FOR MANOR HIGHWAY M-87-653 55-56 IMPROVEMENT PHASE IV 7/9/87 20. $200,000 FOR COMPLEX PROTRACTED R-87-654 56-57 CRIMINAL INVESTIGATIONS 7/9/87 21. CONTINUE CONSIDERATION OF PROPOSED M-87-655 57-60 AGREEMENT WITH SENIOR COMMUNITY 7/9/87 SERVICE PROGRAM AND SENIOR CENTER OF DADE COUNTY FOR FIRE SAFETY; ADMINISTRATION TO ACCEPT FEDERAL FUNDS FOR SAID PROGRAM 22. DEFER AGREEMENT WITH MARK ISRAEL DEFER 60-63 FOR LOBBYIST SERVICES IN WASHINGTON 7/9/87 23. DEFER AGREEMENT WITH SYLVESTER M-87-656 63-65 LUKIS FOR LOBBYIST SERVICES IN 7/9/87 WASHINGTON 24. APPROVE REVISED GUIDELINES FOR R-87-657 65-66 HOUSING REHABILITATION LOAN PROGRAM 7/9/87 25. URGE CHIEF OF POLICE TO GO AFTER M-87-658 66-68 NUISANCE BARS 7/9/87 26. EMERGENCY ORDINANCE: FIX CERTAIN ORDINANCE 68-70 DETAILS CONCERNING ISSUANCE OF 10291 GENERAL OBLIGATIONS BONDS, 7/9/87 AUTHORIZING SALE OF SAME, DIRECTING PUBLICATION OF NOTICE OF SALE, APPROVING PRELIMINARY OFFICIAL STATEMENT, AUTHORIZE DISTRIBUTION AND USE OF BOND INSURANCE 27. WAIVE SEALED BIDS AND APPROVE R-87-659 71-72 PURCHASE OF 25 S.T.X. PORTABLE 7/9/87 RADIOS FROM MOTOROLA COMMUNICATION AND ELECTRONICS, INC. 28. SECOND READING ORDINANCE: INCREASE ORDINANCE 72-73 APPROPRIATIONS FOR "BAKERY ARTS 10292 COMPLEX" (BAKEHOUSE ART COMPLEX IS 7/9/87 CORRECT NAME) 29. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 73-76 PROJECT "POLICE DEPARTMENT 10293 EQUIPMENT ACQUISITION - 187" AND 7/9/87 APPROPRIATE FUNDS FOR SAME; AUTHORIZE VETERAN OFFICERS TO KEEP THEIR WEAPONS UPON RETIREMENT 30. DISCUSSION REGARDING I.B.M. DISCUSSION 76-77 CANCELLING THEIR CONVENTION IN THE 7/9/87 CITY OF MIAMI; REQUEST CITY ATTORNEY AND CITY MANAGER TO STUDY POSSIBLE EXCLUSION (BOYCOTT) OF I.B.M. PRODUCTS 3 jj I 31. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT" AND APPROPRIATING FUNDS FOR SAID PROJECT; INCREASE APPROPRIATIONS FOR "CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS" 32. EMERGENCY ORDINANCE: RECLASSIFY AND INCREASE APPROPRIATIONS FOR "DINNER KEY MARINA RENOVATION/EXPANSION" 33. SECOND READING ORDINANCE: ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT "HOUSING PROGRAMS ADMINISTRATION" APPROPRIATE FUNDS FOR SAME 34. DESIGNATE "MIAMI REVIEW" AND "DIARIO LAS AMERICAS" AS NEWSPAPERS TO PUBLISH NOTICES OF DELINQUENT TAX OR LIEN SALES (See label #36) 35. INFORMING THE PUBLISHER OF MIAMI NEWS OF ITS VIOLATION OF CITY OF MIAMI LAWS FOR ALLOWING MINORS TO SELL NEWSPAPERS IN THE MIDDLE OF THE STREET; URGING CORRECTIVE ACTION BY THE MIAMI NEWS 36. SECOND READING ORDINANCE: PUBLIC NOTICES OF DELINQUENT LIENS (See label #34) 37. DISCUSSION CONCERNING EMPLOYMENT LAWS OF HAITIANS 38. SECOND READING ORDINANCE: ESTABLISH NEW REVENUE FUND "INVESTMENT IN EXCELLENCE PROGRAM, REGION XIV FY 187-88" AND APPROPRIATE FUNDS FOR SAME 39. SECOND READING ORDINANCE: ESTABLISH THE PROJECT "GEOGRAPHIC INFORMATION SYSTEM" AND FUNDS FOR SAME 40. FIRST READING ORDINANCE: MODIFY WIDTH OF N.W. 1 AVENUE BETWEEN N.W. 1 STREET AND N.W. 8 STREET 41. FIRST READING ORDINANCE: ESTABLISH "LATE FEE SCHEDULE" FOR UTILITY COMPANIES WHOSE DELAY IN MODIFICATIONS ADVERSELY AFFECT CITY'S HIGHWAY CONTRACTORS 42. DEMOLITION OF 776 N.W. 11 STREET BY DELTA DEMOLITION 43. AUTHORIZE AMENDMENT NO. 2 WITH MIAMI CENTER ASSOCIATES, LTD. (MCA) FOR SPACE AT MIAMI CONVENTION CENTER 44. EXTEND AGREEMENT WITH VINCENT E. GRIMM FOR CONSULTANT FOR CONVENTION CENTER PROJECT 45. EXECUTE PRELIMINARY DEVELOPMENT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT ORDINANCE 10294 7/9/87 ORDINANCE 10295 7/9/87 ORDINANCE 10296 7/9/87 R-87-660 7/9/87 M-87-661 7/9/87 ORDINANCE 10297 7/9/87 DISCUSSION 7/9/87 ORDINANCE 10298 7/9/87 ORDINANCE 10299 7/9/87 FIRST READING 7/9/87 FIRST READING 7/9/87 R-87-662 7/9/87 R-87-663 7/9/87 R-87-664 7/9/87 R-87-665 7/9/87 77-78 78-83 83-84 84-85 85-88 88-89 89-90 90-91 91-92 92-93 94-97 97-98 98-100 100-103 103 4 r 46. DEFERRAL OF PUBLIC HEARING R-87-665.1 104-105 REGARDING A UNIFIED DEVELOPMENT 7/9/81 REQUEST FOR PROPOSALS FOR PARCEL AT S.W. 2 STREET AND NORTH RIVER DRIVE ON MIAMI RIVER 47. DEFER CONSIDERATION OF DOWNTOWN R-87-666 105-108 DEVELOPMENT AUTHORITY EXPENDING 7/9/87 FUNDS FOR DOWNTOWN IMPROVEMENTS UNTIL D.D.A. HIRES MINORITIES IN HIGHER -PAY ECHELONS 48. EXECUTE LEASE AGREEMENT WITH DADE R-87-667 108-110 COUNTY FOR LEASE OF 1888 N.W. 21 7/9/87 STREET FOR POLICE SUBSTATION 49. DESIGNATE TERMS OF OFFICE FOR R-87-668 110-111 SPORTS AND EXHIBITION AUTHORITY 7/9/67 MEMBERS 50. DEFER CONSIDERATION OF WAIVER OF M-87-669 111-114 BIDS FOR AUDIO VISUAL EQUIPMENT FOR 7/9/87 POLICE DEPARTMENT (See label #77) 51. ACCEPT BID: LANZO CONSTRUCTION, R-87-670 114-115 INC. FOR FAIRLAWN SOUTH SANITARY 7/9/87 SEWER IMPROVEMENT 52. APPOINT LIZETTE SALMAN AND TITO M-87-671 115-116 GODOY TO YOUTH ADVISORY COUNCIL 7/9/87 53. CONFIRM ASSESSMENT ROLL FOR R-87-672 117 CONSTRUCTION OF LYNWOOD SANITARY 7/9/87 SEWER IMPROVEMENT CENTERLINE 54. CONFIRM ASSESSMENT ROLL FOR R-87-673 117-118 CONSTRUCTION OF LYNWOOD SANITARY 7/9/87 SEWER IMPROVEMENT SIDELINE 55. ACCEPT COMPLETED WORK: P.N.M. R-87-674 118 CORPORATION FOR CITYWIDE HIGHWAY 7/9/87 IMPROVEMENT PHASE II 56. ACCEPT COMPLETED WORK: ROENCA R-87-675 119 CORPORATION FOR N.W. 47 AVENUE 7/9/87 HIGHWAY IMPROVEMENT 57. EXECUTE AGREEMENT WITH WRIGHT, R-87-676 119-120 RODRIGUEZ, SCHINDLER, ARCHITECTS 7/9/87 FOR NORTH DISTRICT POLICE SUBSTATION 58. PROVIDE FOR ELECTION - CHARTER R-87-677 120-121 AMENDMENT NO. 1: WATSON ISLAND 7/9/87 DEVELOPMENT PROPOSALS 59. PROVIDE FOR ELECTION - CHARTER R-87-678 122-124 AMENDMENT NO. 2: LEASE OF CITY- 7/9/87 OWNED LAND 60. PROVIDE FOR ELECTION - CHARTER R-87-679 124-125 AMENDMENT NO. 3: PREFERENCE TO 7/9/87 LOCAL VENDORS 61. DISCUSSION OF PROPOSED CHARTER DISCUSSION 125-127 AMENDMENT NO. 5 - CITY SHOULD NOT 7/9/87 FUND CONVENTIONS WHICH BRING GOVERNMENT OFFICIALS FROM COMMUNIST OR APARTHEID COUNTRIES 62. FIRST READING ORDINANCE: ESTABLISH FIRST 127-139 BAYFRONT PARK MANAGEMENT TRUST READING 7/9/87 5 F i i 63. FEE SET FOR DINNER KEY ANCHORAGE ON R-87-680 139-167 SIX MONTH TRIAL 7/9/87 64. COMMENDATION: OFFICERS J.J. PRESENTED 167 FERNANDEZ AND GEORGE MARTINEZ 7/9/87 65. DISCUSSION CONCERNING PROBLEMS AT DISCUSSION 167-169 225 - 27 N.W. 34 AVENUE 7/9/87 66. $3600 IN SUPPORT OF "BANDIDOS" R-87-681 170-171 SOFTBALL TEAM 7/9/87 67. $125,000 FOR GREATER MIAMI R-87-682 172-174 NEIGHBORHOODS, INC. FOR LOW INCOME 7/9/87 HOUSING EFFORTS 68. USE BILLBOARD SPACE PRESENTLY DUE M-87-683 174-175 TO CITY (FROM BILLBOARD COMPANIES) 7/9/87 TO ADVERTISE AIDS HOT LINE 69. DISCUSSION CONCERNING MIAMI AMATEUR DISCUSSION 176-177 BASEBALL ASSOCIATION USE OF BOBBY 7/9/87 MADURO BASEBALL STADIUM 70. REFER FUND REQUEST FROM SERVICE M-87-684 177-180 INSTITUTE ("MIAMI NICE") TO TOURIST 7/9/87 INDUSTRY COUNCIL 71. (A) DISCUSSION CONCERNING OFF M-87-685 181-186 STREET PARKING DEPARTMENT UNDER THE 7/9/87 MANAGER; (B) CITY ATTORNEY TO STUDY POSSIBLE APPOINTMENT OF CITY MANAGER AS EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY 72. DENY APPLICANT RELEASE FROM M-87-686 186-189 COVENANT IN CONNECTION WITH CLOSURE 7/9/87 OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2 AVENUE UNTIL CITY IS SATISFIED ORIGINAL COVENANT HAS BEEN MET 73. ESTABLISH PARK ADVISORY BOARD; R-87-687 189-195 APPOINT ALAN WEISBERG, ANNIE 7/9/87 BETANCOURT, ANNE WILSON, T. WILLARD FAIR, RAFAEL CUZA 74. REFER TO VICE MAYOR PLUMMER REQUEST M-87-688 195-197 FROM EDISON TOWERS DEVELOPMENT 7/9/87 GROUP, IN LIBERTY CITY, FOR SUPPORT OF MARKETING AND DEVELOPMENT OF THEIR PROJECT 75. AMEND AGREEMENT WITH WYNWOOD R-87-689 198-200 COMMUNITY ECONOMIC DEVELOPMENT 7/9/87 CORPORATION, INC. TO FUND FOR TWO MORE MONTHS 76. CONFIRM ORDERING RESOLUTION FOR R-87-690 200 BUENA VISTA HIGHWAY IMPROVEMENT 7/9/87 PHASE III 77. DISCUSSION CONCERNING PROPOSED DISCUSSION 200-201 EMERGENCY PURCHASE OF AUDrO VISUAL 7/9/87 EQUIPMENT FROM GRAY COMMUNICATIONS FOR POLICE DEPARTMENT (See label #50) 78. APPEAL MIKELE CARTER CASE; SEEK R-87-691 201 OUTSIDE COUNSEL 7/9/87 6 M MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of July, 1987, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:06 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk {falter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. Certificate: Certificate of Appreciation was presented to MIAMI NORTHWESTERN HIGH SCHOOL BAND for their many contributions to the community. Commendation: Commendation was presented to OFFICER ROBERT H. ANDERSON for his diligence and commitment on behalf of all citizens and community, and for having been elected President of the state of Florida Fraternal Order of Police Lodge. Proclamation: RAMON PUIG REMEDIOS DAY, for his contributions to the fashion industry in our community. NOTE FOR THE RECORD: Minutes of the meetings of April 9 and 30, 1987 were approved. ------------------------------------- 2. RESCHEDULE SEPTEMBER COMMISSION MEETINGS. Mayor Suarez: I will also entertain motions on moving the September Commission meetings. September 10th is the Pope's visit and I guess the logical thing would be to move it when? Mr. Dawkins: The 9th. Mayor Suarez: The 9th? Does that create problems for the Vice -Mayor? Mr. Plummer: It does me, yes. 1 July 9, 1987 I Mr. Dawkins: We don't need you. Mr. Plummer: OK, that is fine, but that is my brother's day off. Mayor Suarez: On September 9th we are going to be very efficient because the Vice -Mayor will not be able to be here. Mr. Dawkins: OK, what day is available? Mayor Suarez: What is a good one, what do you suggest, Mano, you are sitting there. Mrs. Kennedy: What problem? Mr. Plummer: Budget problems. Mr. Mano Surana: Can I have public meeting on the 9th on budget, because the School Board, they are going to have their second public hearing. Mrs. Kennedy: Oh, that's right. Mr. Plummer: Well, how about the 8th? Mr. Surana: The 8th is OK. Mr. Plummer: It is just the idea that Wednesday is my brother's day off. Mr. Odio: We have the Pope's visit on the next day and that would be... Mr. Plummer: I understand that. We will call the Pope and ask him to delay a day. Invite the Pope to the meetingl Mr. Mayor, we also have to address, I have a note here, the 24th has to be addressed because it is Rosh Hashanah. Mayor Suarez: Right, September 24th, Rosh Hashanah, so I'll entertain a motion on September 24th. I'll entertain a motion on both of those. What did we decide on the first one, then? Mr. Plummer: The 8th. Mayor Suarez: The 8th. Mr. Plummer: How about the 8th and the 22nd? Mr. Surana: Fine. Mayor Suarez: 8th and the 22nd, both Tuesdays? So moved, seconded. Mr. Plummer: That's fine with me, yes. Mayor Suarez: Commissioner Dawkins, fine on those, 8th and 22nd? Mr. Plummer: Well, wait a minute. Before you call the roll on that, let's discuss budget hearings. Mr. Surana: Budgets are OK, 8th and 22nd. Mr. Plummer: Well, but my notes here said set dates for budget hearings. Mr. Surana: Yes, that when we get the dates, 8th and 22nd. Mr. Plummer: Oh, you are going to use those two dates as budget hearings? Mr. Dawkins: What are the workshop dates for us? Mr. Plummer: Yes. Mr. Odio: I was asked individually by the Commissioners that they did not want... Mr. Dawkins: No, no, I didn't say that. Who asked me... 2 July 9, 1987 0 Mr. Odio: Some of the Commissioner said they preferred that... Mr. Dawkins: Well some of them, I never said that. Mr. Odio: So if you want workshops, I need to know. Mr. Dawkins: Well no, we can do... what I have to do, we can do in my office, OK? Mr. Odio: Well, that is what I... Mr. Dawkins: But, what it is going to do, it is going to create a problem, because the other Commissioners don't know what the hell I am doing because of Sunshine law. Mayor Suarez: Why don't you advertise those at Commissioner Dawkins's office. Mr. Dawkins: But if everybody is comfortable with that, I amt Mr. Plummer: Well, let's go ahead. I'll tell you what. Mayor Suarez: I'm liable to show up and bring Mr. Plummer: I think the best interest of safety is to go ahead and schedule the date. We can always cancel them if they are not necessary. Mr. Surana: Which one? Mr. Plummer: The budget hearings, workshops. Mr. Surana: The budget, yes. Mayor Suarez: The workshops? Mr. Plummer: I think, if you'll come back, with the full understanding as it has always been in the past, that if a Commissioner can attend them, he does, but it is not mandated, it is for his benefit if he can attend. I would say to you, come back this afternoon and give us three dates in September. Mr. Surana: Has to be 1st, 2nd and 3rd. Mr. Plummer: What? Mr. Surana: September, 1st, 2nd, 3rd? Mr. Plummer: No, no, don't get them back to back. Mr. Surana: That's it. You have got the fourth Friday off and you have got Monday, and the 8th will be the budget hearing. Mayor Suarez: You know what we will do? We will have no opening statements from the Department Directors, like in the 011ie North situation, and we will be able to do the whole thing in three hours instead of three days. Mr. Plummer: Yes, that was nice, they let him make an opening statement forty-eight hours after it started. Mayor Suarez: We will just get into the questions and answers right away. What is the pleasure? Mr. Plummer: Well, may I suggest, Mr. Mayor, that we schedule budget hearings on the 1st and the 3rd of September... I'm sorry, workshops, on the 1st and the 3rd of September and we then can make a determination of whether more dates are needed, and if such, we will schedule at that time. Mayor Suarez: That's fine with me. Mayor Suarez: May I make a suggestion, Mr. Manager, that we change the format? Rather than each department coming and making a presentation, which in a lot of cases, is all fluff or dog and pony show, that all department heads not be required to put on a presentation, but that they be there to answer the questions of the Commissioners, whatever they maybe. I think we 3 July 9, 1987 r-- can get a lot more accomplished that way without having to have a half hour presentation, which is expensive, and not necessary, but be prepared to answer any questions that a Commissioner might have. Mr. Surana: OK. Mayor Suarez: OK, to moved. Are we making that part of the motion on the postponement of, or the change of the dates in September? Mr. Plummer: Whichever way you wish, Mr. Mayor. I will make it as one, if that is agreeable, that we now reschedule the meetings in September to September 8th and 22, and that we schedule workshops for September 1st and 3rd for budget. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded, any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-622 A RESOLUTION RESCHEDULING THE FIRST AND SECOND REGULAR CITY COMMISSION MEETINGS OF SEPTEMBER TO TAKE PLACE ON SEPTEMBER 8, 1987 AT 9:00 A.M. AND SEPTEMBER 22, 1987 AT 9:00 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 3. DISCUSSION IN CONNECTION WITH THE NEWSPAPER ARTICLE CONCERNING THE MIAMI HEAT CONTRACT. Mr. Plummer: Mr. Mayor, may I bring up a subject that it is not in any way to be misunderstood, but I misunderstood an article which you wrote in the paper this morning. This is not to be understood -as criticism, but I am concerned about the long term involvement of that article. In that article it continuously refers to the City, the City. I think what you meant to say in that article was the Sport Authority. I am concerned as to a liability by that article, of the City's involvement. The City, as we all know, our basic involvement is that of a landlord for a land lease. Other than that, the City doesn't derive any of the revenues. To my best way of thinking at this particular time, the City has no liability to pick up any deficit. I think what it really means is, that the Sports Authority, a separate entity from the City, which we only control the membership and the budget, I make that as a part of the record that in the future, if it ever comes back, that article is used to say, "Well, City, you have obligation," I want to make the record clear that it is not my understanding that we have any obligation except under the land lease. I just wanted to make that for the record. Mayor Suarez: I don't want to be glib and suggest that you write your own article with your own interpretation of our relationship with the Authority. I understand what you are saying. I happen to think that the City is 4 July 9, 1987 responsible and that the Authority is an agency of the City. That doesn't mean that every single possible act of any person in the Authority, including the chairman, could possibly be... would definitely be attributable to the City, but it is a City agency. We now have our own employee as executive director. I don't really see what the distinction is. Mr. Plummer: Mr. Mayor, 2 am not arguing. I've made my point on the record, in case in the future, but I don't know of any way that this City is going to derive a revenue from the operation of that arena in any way. The only revenue that I know that we receive is a landlord. Mayor Suarez: Suppose... is as what? Mr. Plummer: As a landlord. Mayor Suarez: Well, that is one way. Suppose the arena makes money and suppose that the bed tax covers the $38,000,000 bond issue and the $1n,000,000 bond issue. All of the rest of the monies are available from us it we want it. Mr. Plummer: No, sir. Under the State statutes, it is not. It is dedicated to only. It would take a State legislative change. That money can... and that is one of the fights I have had all the way along. When, we, the City of Miami went to Tallahassee to get that money, it was supposed to be for primarily an exhibition hall. That is what we went up there and fought for. Mayor Suarez: That exactly what the City has committed itself to do with any... Mr. Plummer: And well, someone, at the very last minute said, "Well, what happens if you get more money in that fund, then you need for an exhibition hall, so that you are not stymied, let's put in the word, arena." And that's how that came about and those monies are definitely restricted to that, so here again, I just wanted to put on the record... please, and don't misunderstand me, I am not finding fault, I am only concerned about a liability in the future. Mr. Dawkins: Well, I've got to go on record also, stating that if I am sitting here, as a Commissioner, at no time am I going to vote to have the City assume no financial responsibilities for the arena, or that the Sports Authority have made, and it was my understanding, when we voted for this, that it was their baby and all the bills belong to them and not to the City. Mr. Plummer: Well, that is fine and I understand what you are saying, but I think, you know, the record will reflect that the City is not made a donation, but if you look at so called, "in kind" the City has put up $250,000 worth of improvements. Had it been a private developer, the developer would have had to pay. The City is in fact, accepting $260,000 this year, on an interest of a loan to make that property available. Next year we get 4300,000 and the interest next year jumps to 4600,000 on a variable interest rate, so we are not giving direct money, but we are in fact, doing an in -kind situation so, I agree with you that they have their own obligations and I would be very hard pressed to put taxpayer's dollars into that, when Chey had $50,000,000 from the inception. Mayor Suarez: Well, we pledged by the way, just to clarify again, because the media seems to be misinterpreting, we pledged to pay beyond the bed tax revenues and the arena revenues, if any, or profits, if any, utility service tax on the $10,000,000 bond issue, so... Mr. Plummer: We did not... that will not be a pay out, Mr. Mayor. It is a guarantee reimbursable by the obligation of the Sports Authority. It is a pay back. Mayor Suarez: Oh, yes. Yes, in fact, my estimate right now is that we would never have to use any of that money. We might never have to use the revenues from the arena to pay the bonds. Mr. Plummer: I hope you are right! Mayor Suarez: You are not going to get in the middle of all of this are you? 5 July 9, 1987 Mr. Surana: No, sir. Mr. Plummer: Let me fully agree, Mr. Mayor, with the rest of your article where you speak to the Knight Center. You know, I was accused by the former Administration of always being negative. I think even the former Administration today would say that had they listened to me back then, it was not negative, it was good financial constructive, trying to put together a no subsidy, and had they listened, we would not be paying $4,000,000 a year, but I wholeheartedly concur with your remarks in reference to that. Mayor Suarez: Thank you. I tried to also, on the issue of Bayside, give both the minimum return, which I guess to be around $60,000,000, and also express the figure that I know you referred to, which would be on a base case scenario, which is about $676,000,000 and of course, we don't necessarily know where Bayside is going to come in, but maybe we will get a report today. 4. DISCUSSION AND TEMPORARY DEFERRAL OF BID ACCEPTANCE OF LOU'S TAILORING AND UNIFORM COMPANY FOR POLICE UNIFORMS (See label #16) Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: I requested that we hear item 6 before we hear... I would like to hear item 6 before we do lA and 1B, please. Mr. Odio: Item 6 is part of the consent agenda so you are pulling that out. Mayor Suarez: Item 6 was pulled from the consent agenda? Mr. Dawkins: Item 6. Mayor Suarez: Commissioner Dawkins wants to consider item 6, so we will proceed with that. Let's acknowledge the presence of Miami Mayoral candidate, Dr. Marvin Dunn. Mr. Plummer: He is? Mayor Suarez: Former. Mr. Plummer: Ah, and you underlined that word! Mayor Suarez: You never know, you never know what he is going to do in 1987. Mr. Odio: Commissioner, what questions do you have on the uniforms? Mr. Dawkins: OK, you got here, uniforms, and I'd like to know from you, what was budgeted for each of the Departments last year. That is Fire, Police, Solid Waste and Public Works for uniforms, OK? And Mano, did you give them a copy with that? Mr. Odio: Mano? Mr. Mano Surana: Not yet. Mr. Dawkins: OK. Well, then, I want to know how much was spent in the Fire Department and how much is left, Mano. OK, I also want to know how much was budgeted in 186 and 187 for police uniforms, how much was spent, how much was left. In Solid Waste, how much was spent, how much is left; and in Public Works. And what I want to know from you now, before I can pass this is, with your 1988 request for uniforms, seeing that the policemen have a balance of $260,000 in their uniform account, are you telling me that for 186-187, that you are going to spend two sixty seven seven nine for uniforms which you, according to the agreement with the policemen, we owe for this year and $350,000, which gives us a total of 4610,779. Are we going to spent that for uniforms? 6 July 9, 1987 Mr. Manohar Surana: If I may respond, Commissioner Dawkins, they will spend all the money, Police Department, Fire Department, Solid Waste, this year, all the money budgeted. They will. Mr. Dawkins: But, when I sit down at the budget hearings, OK? 1 want you to be able to tell me that you have spent, or that you have purchase orders that encumber this money, OK? Mr. Surana: Yes, sir, we'll do that. Mr. Dawkins: Because the way you are juggling figures around here and talking about cutting taxes and coming up with these phantom dollars that don't exist, OK? All right, so, if you don't have this, then we need to let the public know you don't have it and these phantom dollars that you are talking about don't exist, and therefore... all right? Mr. Surana: Yes, sir, we assure you will have spent all the money. Mr. Dawkins: I'd like to defer item 6 until this afternoon when they can bring me this information, please. Mr. Surana: Yes, air. Mayor Suarez: Item 6 is tabled. Mr. Plummer: Table what, sir? I'm sorry. Mayor Suarez: Item 6. Mr. Dawkins: Item 6. Mr. Plummer: You want to table it or...? Mr. Dawkins: Until this afternoon. They are going to bring it back, they are going to bring the information back, J.L. THEREUPON, THIS ITEM WAS TEMPORARILY DEFERRED. 5. AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR CITY. Mr. Surana: Mayor and members of the Commission, for fiscal year 1988 we are proposing operating millage of 9.5995 and for debt service, 2.2224, a total of 11.8219. This millage is lower than last year by .4693, or roughly, 3.8 percent. If we levy this proposed tax rate an average homeowner will save approximately $14.00 in taxes and an average commercial property owner will save roughly $77.00. Mr. Dawkins: For a total of how much, for a grand total? Mr. Surana: Grand total will be roughly... well, the millage, is going down 3.8 percent. Mr. Dawkins: What? Mr. Surana: 3.8 percent. Mr. Dawkins: No, no, dollars. Mayor Suarez: You said a typical homeowner $14.00? It sounded like you said $40.00. Mr. Surana: $14.00. Mayor Suarez: And a typical average commercial property owner, I am not sure how you come up with an average commercial property owner, that would be an interesting concept, but... $77.00? Mr. Surana: Yes, right, $77.00. 7 July 9, 1987 0 Mayor Suarez: Is that a median, or ghat? Mr. Surana: It is an average. What we did... Mayor Suarez: Average? Mathematical average? Mr. Surana: Yes, mathematical average. by the aumber of properties. Mayor Suarez: I see. We took all the properties, divided Mr. Dawkins: And what are you talking about in dollars? Mayor Suarez: They would save... an average loan with a taxable value of $263,000 would save $77.00. Mr. Surana: Roughly, $3,000,000, Commissioner. Mr. Dawkins: That, $15,000,0007 Mr. Surana: $3,000,000. Mr. Dawkins: $3,000,000, OK. All right, go ahead. Mayor Suarez: How about a reserve, Mano? What kind of a reserve would we have under this proposed budget? Mr. Surana: Next year's proposed budget, we are recommending same fund balance, which is $12,000,000 today. Mayor Suarez: You will be able to stay at twelve? Mr. Surana: Yes, sir. Mayor Suarez: I thought we were at twelve and one-half. What happened to the half? Mr. Surana: Twelve and one-half roughly. Mayor Suarez: You didn't take a half million dollars for other uses, did you? Mr. Surana: No, sir. Mayor Suarez% Rowing Club or anything like that. Mr. Surana: What we did on... Mr. Dawkins: That is going to give you... so you say you are going to have a fund balance and when I get ready to run in 1989, you are going to have a fund balance of $15,000,000, is that what you are telling me now? Mr. Surana: Cesar? Mr. Odio: Yes. Mr. Surana: Yes, sir. Mr. Dawkins: Beg pardon? Mr. Odio: (OFF MICROPHONE) Yes, that is our goal. Mr. Dawkins: No, no, I don't want to know about your goals. You see, I can't tell the voters that your goal was, but I am raising the taxes. I can't tell the voters that! Mr. Odio: We are lowering the taxes, we are not raising taxes, Commissioner and we propose... Mr. Dawkins: Yes, but you see, you are going to lower it, OK?... a phantom lowering, OK?... and you... Let me, I will go on, give me just one minute, OK? 8 July 9, 1987 Mayor Suarez: Let me... Mr. Plummer: I think he is... Mr. Dawkins: Wait a minute. Mr. Plummer: I think he is making a good point. Mr. Manager, I guess I have to express my concern of two things, and it has been explained. The first part of it is, is that in no way this reduction will reflect any lower level of service than it is presently being provided. Mr. Odio: Under no circumstances. Mr. Plummer: All right. The second point, Mr. Manager, that I guess is my concern, and that has been the ongoing concern of this Commission. We are very much aware of the operation and maintenance of two new substations for police, which has been estimated to be in the neighborhood of operating and maintenance on an annual basis, those two facilities alone, of $6,000,000. Nov, I guess that I want you to address where you are saying to him, to my colleague, that your goal is to reach "X," fully knowing that we are going to be saddled with additional $6,000,000, in the, I assume, the budget year that he is speaking of, of '89 - we are not going to be saddled with it in 188. Mayor Suarez: Well, that is what I was going to say. Now, fiscal year 187- '88, we might pick up towards the end of that one substation, certainly not the other. Mr. Plummer: No, '88... Mr. Odio: No, we are not big enough... Mayor Suarez: Not even one. Mr. Plummer: Well, OK. Mayor Suarez: So it will be the year after that. Mr. Plummer: Yes, that is it. That is the point I am trying to make, where you are saying to my colleague that our goal is $15,000,000, fully knowing that that six is going to be coming down the road. Now, I am hoping with a little practical application that that six is an extremely high figure, OK? But, here again, that's the figure that the Administration has bandied around at this point. Mr. Odio: I prepared, I am going to prepare a plan on the substations. I am not satisfied on those $6,000,000. We cannot afford $6,000,000, not for one, nor for two, so we need to develop a plan with the Police Department that makes sense, that will man those substations, but not at that level, and I... Mr. Plummer: Well, your mandate from the public is, full service, and I guess there is the area in there as to what is full service. Mr. Odio: That is correct. Mr. Plummer: OK. Mr. Odio: But, if you man the substations fully, then something has to give in the main building, so, one hand... in other words, I have to look into that. Mr. Dawkins: OK, I want to read to you from the budget, 182-183, OK? "The last two City budgets have reduced most City services to provide expansion and improvement of police and fire services. Approximately 420,000,000 was removed from all other City operations while funding for police and fire operation rolls about 22.4 million. These reductions, yet, necessitated the layoff of 266 City employees, as well as the elimination of 740 C.E.T.A. positions. The results of these cutbacks was a deterioration of services. Trash collection was reduced from once a week to once every two weeks. Park mowing and cleanup was reduced. 9 July 9, 1987 Recreational programs and services were cut back and maintenance activities were allowed to deteriorate.' Nov, that is in 1982-183. Explain to me what you have done to provide these services to the level that is necessary to serve the citizens of Miami so much so, that you can continue to reduce services and talk about cutting, and provide a level of services. Mr. Odio: Well, I cannot address the 182-183 budget, Commissioner, because I was not responsible for that budget. I can tell you this, that on the May... Mr. Dawkins: OK, no, you are responsible for the one we got now. Mr. Odio: The one that I have now was... Mr. Dawkins: You were responsible for the one last year. Last year, and in the coming year, what have you done to provide people in the parks that will provide recreational programs. You have done a tremendous job, you have replaced a hell of a lot of people in transportation, OK7... I mean in the Solid Waste. OK, you have done that. Mr. Odio: The streets are clean and I think that speaks for itself. The Parks Department have more people in the parks than they ever had before. Mayor Suarez: This is interesting what Commissioner Dawkins brought out, because in 1982-183, they were saying that trash collections were reduced from once a week to once every two weeks. Mr. Odio: Now we are doing it twice a week. Mayor Suarez: And we are back to once a week, so... Mr. Odio: Twice a week. Mr. Dawkins: Twice a week. Mayor Suarez: So, at least in that department, that he is concerned about, as I am, we are doing OK. He is also concerned, I think, especially concerned about Parks and Recreation. I'd like to hear some answers on that. Mr. Odio: Parks and Recreation, and the director is here, we have more people in the Parks Department than I am sure, than we had in 182 and '83. Mr. Dawkins: But do you have enough? Mr. Odio: OK, we would never have enough, Commissioner. Mr. Dawkins: All right then, so if you don't have enough and you will never have enough, how are you going to sit here and tell me that by reducing the millage you don't have enough, but you will not provide a lower level of service? Mr. Odio: We are not going to provide a lower level of services. We are going to provide... Mr. Dawkins: Well, you just said you don't have enough people to meet the needs... Mr. Odio: I didn't say that, Commissioner. Mr. Dawkins: OK, all right, I'm sorry, what did you say, sir? Mr. Odio: I did not say that. I said we are going to have the same level of people we had this year and maybe some more in the Parks Department. Mr. Dawkins: OK, I am not... OK. Mr. Odio: The other thing we are doing... Mr. Dawkins: OK, let me ask you a question, then, sir. Let me ask you a question then. We are not discussing level of people, are we? We are discussing level of service. Now, which are we discussing? Then I can know, you know, were we are coming from. 10 July 9, 1987 Mr. Odio: You asked we how I compared the level of services that they had in 182-183, if it is going to buffer; but I am saying the police Department, I don't remember how many people officers they had in 182-183, 1 am sure they only had 700. We are now talking about 1,047 that are in the force today and we are budgeting 10100 police officers for 1988, which is a lot more, that is more than they ever had, or we will ever have, at least on our goals to reach 1,500 by the year 1991, to we are going to have more fire fighters. We are increasing the fire force by 15 fire fighters. We are increasing the police force, like I said, to 10000... Mayor Suarez: That is net, 15 net of the attrition losses that we have got? Mr. Odio: They have budgeted 15 more fire fighters. Mayor Suarez: Fifteen? Mr. Odio: Fifteen. We have budgeted 1,100 police officers, that is more than we had last year and more than we had in 182-183, so Solid Waste is fully manned. We had ninety nine, ninety nine, and now I have over one twenty two. We are going to do twice a week garage collection, as you know, and trash, so I think the level of services are higher than we ever had before, in 182-183, and that we can do it efficiently, and for the millage that we are proposing. Mr. Dawkins: OK, now, with Parks and Recreation, what do you have there, now? Mr. Odio: Walter, do you want to address that? Mr. Walter Golby: We have 374 full time people and with the eight... Mr. Dawkins: All right, hold it right there. You have how many? Mr. Golby: 374 full time people. Mr. Dawkins: All right, what are the job titles, the job classifications, and what do they do? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: All right, all right, I will ask you this, then. Of the... how many you got? Mr. Golby: 374. Mr. Dawkins: Of the 374, how many of them are recreational aides who are placed at parks that provide a structured recreational program, with enough... with people there to 'aan it. How many you got in that? Mayor Suarez: How many people are involved, I think is the same question, because I've got the same doubt in my mind, that are actually supervising programs as opposed to maintenance and the other things that the park employees do, if you have a breakdown like that? Mr. Golby: I don't have the breakdown right here. Mr. Dawkins: OK, now, as going along the same lines as Commissioner Plummer, we have got a Bayfront Park coming on line. What is going to be the needs of Bayfront Park in personnel? Mr. Plummer: None. Mr. Golby: It will be under a private corporation, from what I understand. Mr. Dawkins: And we have got a park there and the private corporation does not meet its responsibility, what then? Mr. Plummer: We get rid of the private corporation and get a promoter. Mr. Odio: We have put in $800,000, just in case, for 188, for maintenance of that park. Mr. Plummer: How much? 11 July 9, 1987 ,6 _ 0 Mr. Odic: $800,000. (LAUGHTER) Mayor Suarez: $800,0001 Mr. Plummer: You've got to be kidding! Mr. Dawkins: No, they are not eitherl Mayor Suarez: I'm going to bid in on that contract. Mr. Odic: Excuse me. Mr. Dawkins: Somebody has got to maintain it and we are saying this morning we don't know whether we are going to have the trust fund or not, I mean, whatever it isl We are sitting up here now and to her credit, Commissioner Kennedy is trying to work this out, but everybody is doing everything but that. Mr. Plummer: That can't be right. I don't even know what... Mr. Dawkins: I don't know what... Mayor Suarez: It won't even open, probably, until mid 188, probably past the middle of the fiscal year. Mr. Plummer: With that thinking, then it'll be a million six. Mayor Suarez: A million six would be needed for a full fiscal year? No wayl Mr. Odic: I didn't expect to discuss the budget today, but next week. Mr. Dawkins: Well, you shouldn't have put that junk in the newspapers if you didn't want to discuss the budget today. Here it is right here where you said, sir, you said... Mr. Odic: That we will not reduce the service, no. Mr. Dawkins: "Odic and City budget director Mano Surana said the tax decrease will not bring any cuts in services." That's in the paper, sirl Mr. Odic: And I mean that, Commissioner. Mr. Dawkins: All right, so that is all I am discussing, Mr. Manager. Show me where we will not have any cuts in service, that is all. "Our goal is to reduce the size of government while increasing services." I want you to explain to me how you are going to do it. Mayor Suarez: We do have a problem with getting answers always with Parks and Recreation employees, because the breakdown is never the way we need it. We would like to know how many people are in there doing maintenance, how many art doing supervised programs. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I presume that with the capital improvements and I see we have got some visitors here that are concerned about Range Park. With the capital, the $8,000,000 in capital improvements, some of the operating costs can be lessened as a result of that, I would think. And it would be nice to see that reflected in additional personnel there. Mr. Plummer: Let me ask a quick question, maybe to expedite. If we pass this as is today, can we at the next meeting increase it? We cannot? Mr. Dawkins: We can decrease it. Mr. Plummer: Yes, I know that, but I thought on second reading you could Increase it. Then my colleague is right. 12 July 9, 1987 0 Mr. Dawkins: You know, it is all right, and 1 don't think anybody running is desirous of hoodwinking the public. Now, it is all right to sit up here and go through these gyrations about paper manipulations of the budget and it looks good in the paper, and then next year the services are not there, then you are going to raise the taxes, then in '89 I've got to run and everybody is going to be running around and then if we... If you raise the taxes, you are lying to the people. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: No, no, I didn't say you were. I said "if." Mr. Odio: My intentions are, Commissioner, so that you know that, I think we lowered it last year, we are now lowering it this year, that I feel that we should hold the line next year and the year of that. I don't believe that you solve the problems of managing the City by raising taxes. I think we have to be more efficient. Mr. Dawkins: I don't either, but I... Mr. Odio: And the answer is not number of people, but the services that we are providing with the number of people we have. Mr. Dawkins: OK, I don't think so either, Mr. Manager, but I do feel that if, and I will take the one, my pet project, if the City parks are not providing the services that is necessary for the people to enjoy the parks and you have some money, it is time to bring those level of services up where people can enjoy the parks. Don't sit up there and say that we got a millage and we are going to cut the millage and we are going to have a paper savings. I mean, if money is there to bring these services up to where they are needed, let's bring them up, OK? I mean, and then, because if you don't bring them up, you will have to bring them up next year. You don't have to raise no millage. You just told me you got a $15,000,000 saving right now, I mean right where it is, like it is. So provide, take $5,000,000 or $6,000,000 and provide some of these services that need it. That's all I am saying! Mr. Plummer: I understand what you are saying, Commissioner, but here again, I have seen in the Administration something that I haven't seen in the past and that is to get greater efficiency, or bang for the buck than what we have had in the past. Now, how much that can be done in savings realized there from, I think is where the key factor is in this kind of a budget proposal. There is no question, I think, in anybody's mind that sits up here in this Commission that doesn't feel that we can get more for our dollar and in fact, go other routes for revenues to this City. I think that I was going to hold this till later, but I will give it to you now. One of the ways they have increased efficiency is the Madonna concert, which we didn't have in the past, and I am just using this as an example, that the City realized from the Madonna concert, net revenue to the City, $135,754. What I am saying is, you are going to hopefully pass a package today for six more concerts. They are raising revenues other than from the ad valorem tax and I commend them for that, I think it is good. We have now an impact fee which is going to raise this year approximately $3,000,000, that before had to come out of the general budget of this City. Mayor Suarez: Telecommunications is another extension of it. Mr. Plummer: The I -Net situation. Now, I am not saying that they are going to be able to do it all. Government cannot be all answers to all things for everybody. Now, I, as you know, when you speak of parks, I have somewhat maybe been criticized in saying that we have too many parks that are too little. I think that this City would be very smart to sell off some of the ! parks that are nothing but a maintenance problem and take that money and pump it into the remaining parks to have first class facilities, but nobody at this point has done that. We have seen great efficiencies come about in the Police Department. One of the things that I have been harping on, and no one has proven me wrong at this point, is central dispatch between police and fire. It is estimated that this City can save between $600,000 and $800,000 a year if you go to a central dispatch which the County has been doing for years, and j that is labor intensity. So, I say to my colleague Miller Dawkins, I can't sit here and guarantee it, nor can the Manager, nor can this Commission, but I f take my hat off to the Administration who has demonstrated during this past 12 months that there are other areas than ad valorem in which revenues can be i 13 July 9, 1987 brought to this City, rather than as always had been done in the past of sticking it to the poor little old homeowner. We have seen contracts this year that have been drawn, that are bringing in touch better revenue because of much better negotiations. These are the kind of things that I think we have to. The level of service cannot be maintained if you drop the total bottom dollar. 1 think the arguments stems is how do you get to the bottom dollar. Do you do it by continuously addressing the homeowner, or do you try to maintain that and in fact, find revenues from other sources? We have got to come to a system that says that if you use it, you pay for it, and that is in fees, and I think this City went very significant in demonstrating that this year in an impact fee and it is going to continue, so I well understand, Commissioner, your concerns. I appreciate, and share with you those concerns. The only area that I question is how do we get the additional revenue. The revenue is going to be needed. Things are not going down. I don't know of anything that is going down except the value of the dollar. Everything is increasing every year. Now, are we going to continue to raise, or are we going to continue to try to find other sources of revenue. I would hope that we can take the relief, not relief, but no further into the homeowners and find other sources of revenue. Mr. Dawkins: I agree, J.L., and this Administration has truly been about the business of trying to make the user pay for the service. They are attempting to have the Sanitation Department support itself, but I go back to my original statement, you know, if we are not providing the level of service that is needed in certain areas now, and you still are talking about cutting people back, you just, you can't make me see where you are going to reduce the millage and save 415,000,000 when you have got parks out there that need servicing, and that the service is going to increase. Mayor Suarez: Let me reinforce that too, with my own perspective on that. With the workshops, and as we go through the workshops, unless you can prove to me that that department is for my vote, Parks and Recreation will increase its services substantially, because it has been one, Walter, there hasn't been enough personnel out there, very few supervised programs, etc., etc. Mr. Odio: I suggest then, that you raise the millage today. Mayor Suarez: No... Mr. Odio: If you plan to increase the number of people in the Parks Department... Mayor Suarez: No, no, we have heard... Mr. Odio: ...please increase the millage today. Mayor Suarez: You have already told me how to do it. I've even told you how I would, for my vote do it. I would accept a reduction in the reserves, if necessary and I would accept elimination of some personnel in other departments. I just think that department is a very important department. I think we have done well in Solid Waste, increasing manpower and services. I think we could probably afford to reduce further Fire Department, and I will say it right now, and maybe top brass in the Police Department, but I think we need an increase in parks personnel, for supervised programs. I think, by the way, just so we don't give the wrong impression, in terms of improving our parks, we embarking on an $8,000,000 capital improvement project in the City, something that has never been done before... Mr. Plummer: $16,000,000. Mayor Suarez: Right, $16,000,000, if you count Bayfront Park... Mr. Plummer: In the City. Mayor Suarez: ... and $8,000,000, if you just exclude Bayfront Park and in fact, the parks are in a lot better shape than they were a year and one-half ago, I can say that much. I mean, I don't think there is any doubt. We were out at Hadley Park July 4th, and that park is beautiful, I mean, I don't think there is any relationship necessarily between the fact that Commissioner Dawkins lives right across the street, I don't know, but certainly that park is in awfully good shape. But again, not enough supervised programs for our youngsters, and I will be looking in the budget to find monies. Whether that 14 July 9, 1987 0 f means proposing elimination of certain people who get paid $50,000 and $60,000 and $70,000 and $80,000, or not, I can tell you there is one count that we did, and 1 submitted the analysis, a very simple analysis to the Commission in a memo, showed that there were 204 people being over $50,000 in the City of Miami. A lot of those are automatic increases and lot of those are people that if we didn't pay them that kind of money, I suppose we wouldn't get them, Including people in the City Attorney's office, I see her over there being concerned about people making over $50,000. The point is that - she gets slightly over $50,000 - we need to bolster up our Parks and Recreation personnel. You can't do it with the number of people you have got. 1 know you can't. They work hard and there is just not enough of them to keep those bathrooms clean, to have supervised programs and I know for myself, I echo Commissioner Dawkins' concern there, but I think we have plenty of time to catch you at the workshops and maybe some reprioritization, whatever the word is - prioritizing a different way some of the expenditures of some of the other departments. Mrs. Kennedy: I agree, Mr. Manager, and as we just discussed, we are spending $8,000,000 in capital improvements in the inner city parks, but how long before the parks go back to the condition in which they are? That is a concern. Mr. Plummer: One of the things I think also needs to be put on the record of this particular year, and I am sure as more so in the coming year, is the thought of doing a great deal of City where before it has been done in house, to go to privatization and I would hope that the Administration would continue to look into those areas of privatization who we know, and have shown and have been demonstrated, can do things a lot cheaper and more efficient than what the City can do in house. One area in particular, I think is going to have to be addressed is promotions. It is something that has got to be done, it is going to have to be done and we are going to have to address that factor. When I say promotions, I am talking about the promotion of our facilities to use them more. As you know, I have had a concern from day one that this City is rapidly becoming over facilitized, and instead of having two damn good facilities, we have eight and each one of them requires subsidy. We have the Dinner Key Auditorium, we have the Knight Center, we have the Gusman Hall, we have now got an arena. We are going to have an amphitheater. We have got the Dade County Auditorium. We have all of these different facilities and every one of them requires subsidy of some kind. I am saying that the day has got to come when we are going to realize that we are better off with two or three good facilities that will at least break even and be first rate facilities. That's got to happent Mayor Suarez: You are talking about privatization and the opposite is also true, Mr. Manager, and I think this Commission has expressed it, a lot of times we are putting our consulting contracts, when things could be done in house and you know, we could have substantial savings there too and I am looking to see you do that in the budget in the future. I think we made clear on a couple of these marketing contracts that we rather have the City do the work itself, at planning, some of the consultants that we pay for planning, some of the consultants that we pay for architecture, and I guess Liberty City substation is witness to that. We maybe could have done better in house on some of that, so I think it works both ways, just so it is more efficient. Businesses analyze whether they can do something in house or by contracting it out and they come out with the most cost efficient method each time and we should be doing that. Mr. Plummer: All right, the question is item IA. Mayor Suarez: You said the proposed projected reserve would be... Mr. Surana: Roughly about 12.5 mills and it will end our fiscal year 1988. The City Manager is discussing increasing the reserve next year. We will work on that again. Mr. Plummer: But as the Mayor has said, in setting this millage, doesn't mean that in the workshops, we can't reallocate whatever that contingency is. Mr. Odio: You can reallocate any line item if you want, Commissioner. It is your prerogative. 15 July 9, 1987 0 0. Mr. Plummer- OK, well, I think that is important and it has to be put on the record. I'll move item IA. Mrs. Kennedy: I'll second. Mayor Suarez: Moved and seconded. One last question. Of course you have assumed no monies from general revenue sharing, right?... Mr. Odio: Right. Mayor Suarez:... except whatever we may have... Mr. Odio: From the Federal government zero program. Mr. Plummer: What revenue sharing? Mr. Odios We need another... Mayor Suarez: ... except whatever small amounts may come out of the lawsuit on Graham -Rudman, OK. Mr. Odio: Right, zero dollars. Mayor Suarez: We have a motion and a second. Mr. Plummer: Commissioner Carollo, when is he going to be here? Is Henry here?... because he was going to raise a damn good point that I hope would be raised at this particular time and in his absence, I am not trying to steal any thunder, because I don't know exactly what he was going to say. Madam City Attorney, the question he wanted to raise at this particular time I am sure, and that is the only reason I am doing it, and I will give him full credit for the idea. Is the fact, do we, as a City have to sit back and accept the appraisals as being gospel that are set by Metropolitan Dade County? There is one monster downtown, and I won't mention its name, that has an unrealistic, in my estimation, appraisal, and that appraisal, I am told, has not been changed for three years. Now, I know that when we talked about that possible acquisition by that... (RECORDING NOISE)... the monster has struck again! Mrs. Kennedy: Yes. Mr. Dawkins: You are not well liked, J.L. Mr. Plummer: 011ie North, I was only kidding. That, when that monster talked about, or when we talked with that monster, there were some numbers bandied around as to what it would cost if this City wanted to acquire. We all know that appraisals are based on 100 percent by State law and I think that between the appraisal and the numbers that were bandied around, it did not reach 50 percent. Now, the question I ask again, does a municipality have any right to contest the appraisals set by the delegated authority? In fact, which I - I can't express for the rest of my Commissioners - are extremely low and not equitable, in my estimation, across the board. Do we have any way of doing that? Mayor Suarez: In fact, they have a right to contest when they think they are over -valued. Don't we have a right to contest when we think they are undervalued? Mr. Plummer: Exactly. Mrs. Dougherty: It makes sense that we would. I don't know the answer and I'll look it up and get back to you. Mayor Suarez: Please let us know. Mr. Plummer: Because, you know, if we have assumed, rightfully, or wrongly, a position, "Well, here it is, you take it and that's it." Now, I have to say that from a standpoint of this particular municipality, whose downtown is exploding in construction, we are going to be more affected by that than any other municipality in this County, and I am just saying, that if we have to by law, and I can't do anything, well so be it, maybe then the law needs to be changed, but I am at a point which says I am no longer satisfied to sit back 16 July 9, 1987 0 0, and accept it as gospel, when in fact, I have feelings to the contrary. I am also going to put on the record that if my home is reassessed next year, I know it came from these comments. I am willing to stand that test. Mayor Suarez: By the way, Mano, how much is the increase valuation of the City's tax base from new construction? Is it a couple hundred million dollars? Mr. Surana: About $200,000,000, yes. Mayor Suarez: And is it your statement to this Commission that is the highest ever? Mr. Surana: No, not the new construction. It is lower. Mr. Plummer: Oh, construction, or tax dollars? Mr. Surana: New construction. Mayor Suarez: Under construction? Mr. Plummer: Total construction much exceeds $200,000,000, much exceeds. Mr. Surana: Two hundred, yes. That's what we got. Mayor Suarez: And appraised new construction is not the highest? Mr. Plummer: Well, wait a minute. Mayor Suarez: Will you prepare a little chart for me when you get a chance, to see how we have done in other years. Mr. Plummer: Where I have a problem is, what you are saying is taxable construction. Mayor Suarez: Yes. Mr. Plummer: Which does not include Bayfront Park. It doesn't include any government. Mr. Surana: No, this is taxable. Mr. Plummer: There is a hell of a lot more than $200,000,000 of construction going on! Mayor Suarez: Oh, yes. Mr. Surana: I am talking only about taxable, I am sorry. Mr. Plummer: Taxable! Mr. Surana: Taxable, yes. Mayor Suarez: Yes, in the tax roll. Mr. Plummer: Like a billion dollars in a Metrorail, that wasn't considered taxable, but it was tax dollars. Mr. Surana: Right. We have roughly about 2.7 billion dollar properties, not exempt property, and mostly Metro property. Mayor Suarez: Mostly Metro? Mr. Surana: Yes, air. Mayor Suarez: Oh, how interesting! People -Mover and everything included in there. Mayor Suarez: Any further discussion on the motion? �j Mr. Plummer: Mr. Mayor, I want to reflect on the record, that I am voting, as I made the motion for item 1A, with one reserve and caveat. It hurts me 17 July 9, 1987 .N. i greatly to realize that in doing this millage, we will be reducing the Miami Herald and the Miami Daily News tax bill by approximately $11,900, which will go a long way to retake up for their five percent. Mayor Suarez: There is an argument on a valuation of an asset that says that the asset is worth as much as what is produced from that asset and maybe that is why the valuations haven't gone up, I don't know. Anyhow, with those observations, we have a motion and a second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-623 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: 'None. ABSENT: None. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 10:04 A.M. Mr. Carollo: I heard The Miami Herald, and I just had to pop in. Mr. Plummer: Joe, you weren't here to bring up about that, so I gave you credit for it, but I just wanted you to know. Mayor Suarez: Is item 1B related to item IA? Mr. Carollo: I vote "maybe" on the millage - yes. Ms. Hirai: He votes yes. Mr. Carollo: Let me say this, Mr. Manager. You recall that was one of the main issues that we had discussed prior to you being nominated and elected City Manager by this Commission and one of the things that you have done a tremendous effort, you have made a tremendous effort in bringing the millage down. We both know that it could have been brought down even more so, and I certainly expect next year to see that same pattern of the millage going down and whatever heads have to roll of individuals in the City that are making good salaries, some more than good, and really aren't being that useful and not needed, then they should be let go if need be, no matter who feels hurt about it. ---------------------------------- 6. AUTHORIZE EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH PROPOSED MILLAGE RATE FOR DOWNTOWN DEVELOPMENT DISTRICT. Mayor Suarez: Item 1B. Mr. Vice Mayor. Mr. Plummer: I move item 1B, regardless of what happens with the D.D.A. in the final analysis between now and budget time. The money still is there to be made available for whatever this Commission decides to do with the D.D.A. 18 July 9, 1987 0 0 Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Mr. Plummer: 1 understand that, but I don't want to kill their millage now and not collect the money for whatever might happen in the final analysis. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: So I want to make sure that that money is collected, so I so move on B. Mayor Suarez: Any discussion on 1B? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-624 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO ESTABLISH A PROPOSED MILLAGE RATE FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. SISTER CITY FLAGS FROM KAOHSIUNG, TAIWAN, AND REPUBLIC OF FREE CHINA TO BE FLOWN IN CITY COMMISSION CHAMBERS. Mr. Carollo: If I may, I need to bring up ... Mayor Suarez: Commissioner Carollo. Mr. Carollo: ... a real brief item. I would just like to have this Commission to vote on it officially. See - you all see in front of us, behind the people that are here, we have quite a few flags from some of our Sister Cities and some of the countries that we have Sister Cities in. The last flags to be placed up are here to the right and the first one - the white flag that has the gold and blue surrounding - is the flag from the Sister City of Kaohsiung in the Republic of China, in Taiwan. The other one is the flag of the Republic of China, free China. And I would like to make a motion that this Commission goes on record as to wanting and approving for those two flags for also to be flown daily at our City of Miami, City Hall Chambers. Mr. Dawkins: So moved. Mayor Suarez: So moved and... Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. 19 July 9, 1987 Mr. Plummer: Wait a minute. Joe, could 1 add to that - I think one of things that are missing = and I think this would be with your concurrence - we have the flags of our Sister City but we don't have the flag of the Sister City International organization and I think that flag should also be, to show that we are a member. if you would accept that as an amendment. Mr. Carollo: Why don't we bring a separate motion? Mr. Plummer: OK, fine. Mayor Suarez: Did we finish the roll call? The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-625 A MOTION OF THE CITY COMMISSION GOING ON RECORD AND APPROVING THAT THE SISTER CITY FLAG FROM KAOHSIUNG, TAIWAN, AND THE FLAG OF THE REPUBLIC OF FREE CHINA BE FLOWN DAILY IN THE CITY COMMISSION CHAMBERS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. -------------------------------------------------------------------------- 8. UMBRELLA SISTER CITY INTERNATIONAL FLAG TO BE FLOWN AT CITY HALL. Mr. Carollo: OK, I'll accept your motion now and I second it. Mr. Plummer: I would make a motion at this time that the umbrella, the Sister City International flag, be demonstrated at City Hall to demonstrate that we are a good member in good standing of that organization. I so move. Mr. Dawkins: Second. Joe seconded it. Mr. Carollo: Yes, I second that. Mayor Suarez: Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-626 A MOTION DIRECTING THAT THE UMBRELLA SISTER CITY INTERNATIONAL FLAG BE FLOWN AT CITY HALL EXPRESSING THE CITY COMMISSION'S SOLIDARITY AS MEMBERS WITH THAT ORGANIZATION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote- 20 July 9, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: J.L., can you get Ray to deliver it personally? Mr. Plummer: I'm sure. To raise itl ------------------------------------------------------------------------- 9. RECONSIDER POSSIBILITY OF NEW STATE-OF-THE-ART SWIMMING POOL FOR ATHALIE RANGE PARK Mr. Dawkins: Mr. Mayor, we have former City Commissioner Athalie Range in the audience and she is busy business woman, but she took time out to come down here. I'd like to hear the issue that she is concerned with now, please. Mr. Plummer: What number? Mr. Dawkins: No, this is my pocket item. Mr. Plummer: Oh. Mayor Suarez: Yes, Mrs. Range. What item was it... Mr. Dawkins: A pocket. Mrs. Athalie Range: Good morning, Mayor Suarez and members of this Commission. I am here on two items and... Mr. Plummer: Mrs. Range, even though we all know where the funeral home is, we ask you to give you address, please. Mrs. Range: Oh, by all means. My name, first of course, Athalie Range. I reside at 5727 N.W. 17th Avenue, Miami, Florida. Mayor Suarez: The implication of that, too, if you don't get good service from other funeral homes, you should go to Range, no particular reference to anyone. Mr. Plummer: Oh, I agree with that. Mrs. Range: Thank you, Mayor Suarez, thank you very much. We'll look forward to that. Mrs. Kennedy: Paid political advertisement? Mrs. Range: A political advertisement. Anything else before we get down to business? I am here, actually, on two items. I was invited by the members of the Range Park to come and be with them, and I am also here on items 50 through 53. Commissioner Dawkins, may I ask if this is the item that you have reference to, 50 through 53? Mr. Dawkins: Any of them, yes, because I know you are busy. Thank you, yes, Ma'am. Mrs. Range: It is for the Range Park. We certainly appreciate what is being done there and hopefully we will continue to see the improvement of that park along with other parks in the City of Miami. I realize it is in the hands of this Commission, but whatever is done, must be done through your good works and we do appreciate that. We have a number of young people here who have come as representatives of the park, and I am sure that at a later moment Reverend Dunn will probably want to speak to that issue. The other issue that I am on and must leave very shortly, would be items 50 through 53. These are 21 July 9, 1987 items relating to the building of housing on the former Carver branch Y.M.C.A. building. I am sure you are familiar with this, as I have come as a member of that immediate community. I've come as a member generally of the Black community of the City of Miami. I would simply ask of you that you give this every favorable consideration that you possibly can. It is my full understanding that even though there may be dollars lost in the actual purchase of the property, I do sincerely feel that the City of Miami actually owes this project to that particular community. Unfortunately, I can remember the days when this area was especially set aside for private, single family homes. And as the atmosphere began to change and it was generally known that the community would eventually be a predominantly Black community, the Commission at that time, thank God none of you were a part of it, but you are victims of the circumstance at this time. The Commission at that time accepted to have that area spot zoned. It was spot zoned by persons who did not live in the area, there were absentee landlords, there were speculators who came, and as a result, the monstrosities that you see there in that particular area now, which through the years, gained the name of "Germ City" because of the terrible building siege that came upon it, we have buildings in that area, where there are 36 to 50 apartments on less than one acre of land. They are going straight up in the air, no play areas, nothing for their children. Mayor Suarez: No amenities, no... Mrs. Range: No amenities, or anything. Of course, we are pleased to know that slowly, but surely, this is being corrected now and to use the site of the former Y.M.C.A., that is proposed now, would be one of the opportunities that this City Commission could have in rendering something positive for that community, right now, even though you would be losing... you are losing on tax dollars now, because the land is there. It is vacant, nothing is being done with it, it is rapidly being overgrown, you are going to have the problem of Increased crime there, you are going to have a very, very area there, you are going to have... which will bring about more crime, rape, drug selling and everything else for which this particular community is very well known in the City of Miami, to put seven beautiful homes, such as I have had the privilege of seeing and to give people in a low and middle income bracket the opportunity not to rent, but to become homeowners in this particular area, it certainly would be a plus for the City of Miami. I live exactly one block away from the property and I do not speak as a foreigner to that area, I have suffered through it. I would consequently ask that you would consider this favorably, you would get on with it, the resolutions that accompany this, are in addition to this, I think are all well founded resolutions and I, for one, feel that I can actually represent my community as I speak to you and ask you to give it every consideration and to get on with the building of it. Surely, once you get on with the building of these seven homes, you are going to have it, it won't be a whole lot, but you will be back on the tax rolls. Right now, it is doing nothing but growing grass and creating more havoc in a neighborhood that can certainly not stand any more problems that we already have. I want to thank you for taking me out of turn and allowing me to say this. Mrs. Kennedy: Mr. Manager, what are we proposing for Range Park? Mr. Odio: I was there with Commissioner Dawkins and I see some people here that have a lot of interest in the park and we have to decide what we want to do with the pool. Commissioner Dawkins just sent me a memo on that and whether we are going to increase the size of that pool and that a state of the art pool, and therefore you have to reallocate the $8,000,000 we have and it is up to you, really, how we are going to do this. I think that the pool should be improved, that it should be a better and bigger pool. I was delighted to see, when I was with Commissioner Dawkins how many kids were swimming in that pool in one afternoon. Mrs. Kennedy: But, didn't we allocate some money to the pool already? How much more would this cost? Mr. Odio: We have allocated in our plan, so much for each pool. Mrs. Kennedy: Right. Mr. Odio: The decision we have to make is whether we are going to do each pool, the ones that we have, and renovate them, or whether we build a brand 22 July 9, 1987 new pool each year from now on. or, if I can find some monies either in interest that we might not use for the substations, for instance, or in other sources to build a brand new pool there and then renovate the other pools that need renovation right away and then do another new pool next year and so on. Mr. Dawkins: What happened, Commissioner Kennedy and i think Mrs. Range was asked to come. The neighbors feel that the pool is too old to spend that much money on, and they would rather see us build a new state of the art pool, which in the long run will be cheaper, because to spend money in this one, and then, if it would not be a state of the art pool, is that correct? Is that a correct statement, Mrs. Range? Mrs. Range: That is a correct statement, Commissioner Dawkins and in speaking of the renovation of the pool, I am sure that we all remember very sadly, that a death caused at that pool because of pool electrical wiring there. I don't know the number of years that that pool has been there, but if there are any new pools built in the City of Miami, certainly this park deserves a new pool and it is not because of the name of it, really. That is most distant from my mind. I do feel that the great number of children who go to that particular pool, you see the children who go to that particular park, come from all over Liberty City, that is, anything north of Manor Park. This is the area where the population is really, really most dense, in view of the fact that we have housing projects there. We have one project alone which houses 973 families. This says nothing in addition to the numbers of the monstrosities of which I spoke in the other items. Those apartments house innumerable children and they have no other place to go within a reasonable walking distance. Consequently, they do need a pool there to go to and I think it would be rather foolhardy, I would say, to put several thousand dollars into renovating a pool that has already brought death to one of the youngsters there. Other youngsters have been hurt, maybe not as seriously, but surely, if anything is done in the renovation and buildings of the parks, that particular park does indeed need a new pool. Mr. Dawkins: I speak for the community and we beg to differ with Mrs. Ranger, in that the main reason why it should be a main state of the art park and pool is because of the name attached to it. If it is going to be named Range, it should at least be reflective of the community efforts given by Mrs. Range, so that is why I said it should be a state of the art park. Mrs. Range: Thank you very much, Commissioner Dawkins. Mrs. Kennedy: I agree. Mayor Suarez: I entertain a motion that the Manager reconsider whether this particular park shouldn't have an entirely new pool state of the art, both as to size and equipment and bring back to us for approval that sort of reallocation of the monies that are in that parks improvement fund. Mrs. Kennedy: Commissioner Dawkins, do you want to move it? I'll... Mr. Plummer: Mr. Mayor, I would second that motion. I think that... Mrs. Kennedy: I just did that. Mr. Plummer: Sorry. Under discussion, I think that the important factor is, that everybody here would like to see that a reality, but also, reality tells us that in the entire program, we have approximately $8,000,000, and I think that what we have to understand fully is not only what is the cost of that improvement as outlined by Mrs. Range, but how would it affect the other parks that would have to draw from the $8,000,000? I can tell you I have already been informed by Wynwood that they are looking for $2,500,000 for Wynwood Park. Mr. Odio: Clemente. Mr. Plummer: Clemente? Well, OK, Clemente Park. You know, right there, if you implement those two, that is $5,000,000 and then you have $3,000,000 to address all the rest of the parks. Mayor Suarez: Well, you are assuming $2,500,000 just for the Range new pool? Mr. Plummer: I am assuming... 23 July 9, 1987 Mr. Odio: About $2,500,000 for a pool. Mrs. Kennedy: Well, let me... Mr. Plummer: The thing that was given to me yesterday showed approximately $2,500,000 in Range Park alone. Mrs. Kennedy: Only Range Park. Mr. Plummer: Yes. Mayor Suarez: But, how much of that is for the pool? That was the only thing that was contained in the motion. Mr. Plummer: Mayor, I am speaking to the bottom line that we have approximately $8,000,000 to spend. Mayor Suarez: yes. Mr. Plummer: Now, if you... Mayor Suarez: There was $2,500,000 of that pools, and I have no estimate from anybody, unless you have got it, Mr. Vice Mayor, as to how much the pool at Range Park would cost, a state of the art... Mr. Plummer: Yes, sir, I do have it, it was brought around to our offices yesterday. Mayor Suarez: Oh, I didn't get that. Mr. Plummer: OK, in which they made a presentation in our office about the parks. I am only concerned, is that we have "X" number of dollars and how the allocation will be, because as Mrs. Range is here today, I am sure Freddy Santiago is going to be here tomorrow and a representative from Orlando Urra is going to be here and a representative from the Grove is going to be here, I think this Commission, rather than having to cut it up individually, is going to have to be a realization that says that we have got to look at it as a whole. Now, the Manager has proffered something that I think is worth considering, is do you do one project this year of a pool and next year hopefully do another. The real question is, is the $8,000,000 going to be available next year, because even in Liberty City there are other parks that need attention. In Overtown there are parks that need attention, and God knows that Virrick Park seriously needs attention so you have got all of these areas that are demanding and crying out for help. Help has to come within a realistic number of $8,300,000 and I say that this Commission must look at the total picture, so what Commissioner Dawkins is asking is that you come up with realistic numbers and come back to this Commission and show a reallocation and then also how it would affect the other parks. Mr. Carollo: Let me say this for the record, Mrs. Range, that what you are asking for the pool in Range Park is got to be less than any two statues that Mr. Noguchi is going to construct for us at Bayfront Park. Mrs. Range: We would firmly agree. May I, just to make this observation, I realize that all over the City of Miami there are great needs for the children, for the improvement of parks, but let me be very, very realistic with you. Liberty City generally is a different kind of situation in existence. By that I t.r,4an that the vast majority of these youngsters who live in the projects and ::eighboring neighborhoods and Germ City over on 59th Street, they have less... they have less of an opportunity of getting out of the situation than others. By that I mean transportation is worse for them. If they couldn't go into the Edison Park or to the Range Park, they have no way of getting far, far away for their recreation. They are going to congregate there, because it is in walking distance of their homes. In other neighborhoods, there are some of them of which you mentioned, you will find that there is an easier opportunity for those children to be transported or to be taken, either by parents or friends to other areas. These young people do not have as much of an opportunity for that as others in other sections of the City, and so, I feel that the need is really there for them to have every opportunity as near to their homes as they possibly can have, especially when you think of the numbers of children and of their ages. You'll come there and 24 July 9, 1987 you will see six year olds who are the big brothers and sisters bring their the two and three year olds because there is nobody else to bring them. Mr. Dawkins: And 1 think Mrs. Range, you should speak to the issue of the Haitians, with east of there we have the whole Haitian population. Mrs. Range: Well, definitely. Well, we have a population that is exploding over there and if there is a need, because you know what is happening with housing. You know what is happening with housing. Many of the absentee landlords have walked away, have left those monstrosities there. They are not usable, you know what is happening with public housing. We all read in the papers what is happened with public housing over the years and if you put each of these projects side by side, you would find without reservation that Liberty City would come in with the greatest need in every area and so I certainly hope that you will reconsider and if there is one new pool built in Miami, that it would be in the Range park. Thank you. Mayor Suarez: Thank you, Mrs. Range. We have a motion. Mr. Dawkins: I think before anybody else speaks, I think we should recognize the presence of State Representative Jefferson Reeves. We appreciate your taking time out from your busy schedule to observe how the elected officials should operate. (LAUGHTER) Mayor Suarez: It helps when there is only five instead of 120, right, Representative? Mr. Carollo: Representative doesn't know whether to thank you or tell you to go jump in the lake, Miller. Mayor Suarez: Lori, on this issue?... because you have spent most of the day here on a lot of issues, I know you, so... Ms. Lori Weldon: Yes, but on this issue at the moment... OK, my name is Lori Weldon, I reside at 160 N.W. 44th Street. I want to go on record as saying that I appreciate the efforts of Commissioner Dawkins' and Commissioner Carollo's office in my efforts to improve Range Park, but as Mrs. Range has said, that these efforts, as substantial as they are, they are still yet far below the mark. We do need a new park. We need renovations in that area and I would like for you to reconsider in your reallocations, this special park. Mayor Suarez: Reverend, do you want to... Rev. Richard Dunn: My name is Reverend Richard Dunn. I'm assistant pastor of Drake Memorial Baptist Church, located at 5800 N.W. 2nd Avenue and I also am here on behalf, or in behalf of Range Park and as already mentioned, I think the need is very great. It is far greater than most situations that I have seen in the City and by virtue of the fact that there has been tragedies in that park, I think it would behoove the City Commissioners to reconsider and this would be a sign of trying to put about, or bring about, an effort to bring and bridge the gap with some of the disparities that we suffer in our community. I personally would like to see Range Park up to par with Jose Marti Park. I think that is a state of the arts park. I looked at the pool, they have nice facilities. The pool is large. They have nice locker room facilities and Range pool, is really, it is deplorable. It hurts me when I go over there to see those kids put, thrown into that situation and I certainly would appreciate you reconsidering this and you know, as Vice Mayor Plummer mentioned earlier, perhaps what we need to do is just work on consolidating, not spreading ourselves so thin and work on one thing at a time, and I think if we start with Range Park, this would be a good step in the right direction. Thank you. Mayor Suarez: You know, we have heard the most complaints and the most concern about three parks: Range, Clemente, and one that Vice Mayor mentioned, Virrick Park, is really also in need of improvements. My feeling is that you are right, that we shouldn't spread ourselves too thin and go for improving three or four of the parks that need most the improvements and then in subsequent years we will try to fix up all the other parks. I'm one vote here. We have a motion and a second at least as to Range Park and... Mr. Dawkins: Under discussion. We are missing the most important point that Mrs. Range is trying to get us to see. We have had one drowning in that park 25 July 9, 1987 and another incident in that park and you won't have to build a pool, we won't have any money in the City with which to build one, so we need to try to correct whatever is needed at that pool to reduce the liability at that pool. Mr. Carollo: That's the bottom line. Mayor Suarez: Any further discussion? Call the roll. Mr. Carollo: One... Mayor Suarez: I'm sorry. Commissioner Carollo. Mr. Carollo: One more item I want to touch upon, since Mrs. Range and some other people are here like Reverend Dunn. While Bayfront Park is extremely important, it is in the heart of the City of Miami. To keep it into a nice park that is attractive to look at for everyone that comes to the City and goes right to our heart, I can't help but to think that here we went and just lost sight, complete sight because of the pressure from the establishment downtown, all the nice pillars of the community that live in Coral Gables and South Dade and North Miami, but not in the City of Miami for the most part, we lost complete sight of what was being spent there and it is up to the area of close to $30,000,000. $30,000,0001 And if you look at where most of the money is going to, it is $1,000,000 for one sculpture and $500,000 for another or, you know, it is just absurd) We could have probably have done a tremendous first rate renovation of Bayfront Park for no more than $15,000,000. Nevertheless it is up to the area of around $30,000,000. Can you imagine what we could have done with another $10,000,000 or $15,000,000 in neighborhood parks? I don't think we would be here, worrying, seeing where we are going to be using the $8,000,000 that we have in other inner city parks. At the same you might recollect, and I know you will, Mrs. Range, that the big argument of the time, several years ago, on the Miami library, which is a fairly new structure, it was a good structure, it had a lot of use, was that it had to go down, because it was not in Mr. Noguchi's plan and it was obstructing the view of the bay. Well, I'll tell you, if we hadn't knocked off that library building, you would not have had any view of the bay, because the only way that you can see the bay now with the new Bayfront Park that we have In after we knocked down the library building, that is the only place where you can see the bay, through where the old library building used to be, because everywhere else where you used to see the bay before, you got mounds, or something or other, and you can't see the bay any more, so I am bring this point out so you can see the hypocrisy of so many of these so-called pillars of the community, that only thing they care about is their own little world. You know, Miami to them is when they go to their nice office buildings downtown, then when they go home to the Gables, South Dade, and other parts, that is Miami to them, but the real Miami... the real Miami, which is around 90 percent Black or Hispanic, that is the Miami they don't know, that is the Miami they don't want to admit exists. The real Miami is not Brickell Avenue, or downtown. The real Miami has to work extremely hard and is a very poor city, overall. Ms. Weldon: I just want to say... Mr. Carollo: Yes, Ma'am. Ms. Weldon: I just want to say very quickly I agree with Commission Carollo and I want you to know I am not going to place any guilt upon myself when you say you have to restructure or reallocate $8,300,000 for City wide parks and in turn, you are putting $8,000,000, period, into Bayfront Park and I agree with him. It needs to be the center of attraction with Miami, but to have other parks go that they should be belittled for asking what is needed, out of $8,300,000, when one lump sum of $8,000,000 is being spent in one park is ridiculous. Mrs. Kennedy: Well, I agree with you, except that you are comparing apples to oranges because a lot of the money for Bayfront Park was privately raised. Ms. Weldon: Nevertheless, $8,000,000 in one park and $8,300,000... Mr. Dawkins: $30,000,0001 Ms. Weldon: OK, in discussion with the $8,300,000 and $8,000,000 in one park Is ridiculous. 26 July 9, 1987 Mr. Carollo: Now much money of that $30,000,000 was raised by the private sector? Mr. Plummer: Less than onel Mr. Carollo: Mr. Manager, Madam City Attorney? Mr. Plummer: Less than $1,000,000. Mr. Carollo: Less than $1,000,000. Ms. Weldon: So, that is not apples to oranges. Mayor Suarez: The other thing too... Mr. Carollo: It is not even peanuts to applesl Mr. Plummer: Well, but wait, wait, now. In defense, OK?... I understand, and Joe, I agree with you, $30,000,000 is just an absolutely ludicrous figure, but I think we have got to remember one basic factor. There was approximately $15,000,000, half of that, which did not come out of the City's taxpayer's coffers. It did come in the Federal grant. Mr. Carollo: I disagree, J.L., it came from the Federal government, but... Mr. Plummer: Yes, and their money, we pay that money also. Mr. Carollo: ... that money, that is where we disagree, in our philosophy. That money originated from taxpayer's monies from the City of Miami, so it just came back to us another way. Mr. Plummer: I don't disagree, Joe, but I don't think that had we not had that park, we would have got such grants for parks, just carte blanche, so... Mr. Carollo: Well, then maybe that tells you something about our Federal government. Mr. Plummer: In all fairness, you know, you have got to look at the other side. Claude Pepper was the only man who made a promise who came through, and that in fact, it was there, you know, and Bayside came through. They, Jack Gordon, the State Legislature came through with $1,500,000. Mr. Carollo: Well, he... Mr. ".ummer: But, I don't think, unless that park had been there, that those grants of money would have been forthcoming. Mr. Carollo: Senator Pepper did get that money for us and you know, God bless Senator Pepper. However, if all it would take for us to place a fountain in Range Park and named it after some Federal officials, Federal elected officials, for us to get those funds, then I'd say, let's put those fountains in every City park. Mr. Plummer: I don't disagree with you. We could put the Pepper fountain in Range Park. Mrs. Range: May I just say this? (LAUGHTER) Mr. Carollo: Mrs. Range won't mind, as long as the millions come after. Mrs. Range: May I say just say this? Hopefully, we will not lose sight of the main issue. We certainly don't want to fight Bayfront Park. We don't begrudge what has gone on. It's unfortunate, possibly, but we don't begrudge that. We are here asking for a very, very needed situation in the Range Park. And if we get too far afield with who did what, when, then we probably will not get anything done. We can't undo that which has been done. Consequently, we would ask, please, that you would consider vote for a new pool in Range Park and we'll go and twiddle our toes in the new park and in the new pool. That would satisfy all of these little folk who are here. And the need is certainly there. s 27 July 9, 1987 r Mr. Dawkins: Well, Mrs. Range, this committee has gone on record of going to the legislature this summer in order to get some money with which to build parks and Commissioner Kennedy and I have been told by this committee - this commission, to work - lobby the legislature this summer and the Manager has already instructed our lobbyist in Tallahassee to ask for $10,000,000 and if - that what as Joe said, we can't wait on that. If that comes through, that adds to what we have, right? Mr. Carollo: Absolutely... Mr. Dawkins: See... Mr. Carollo: But the problem that we face and what Mrs. Range is saying is something that we all agree with but the actual fact of the problem that we're facing today is that in order for us to do everything that's been done and is going to be done in Bayfront Park, that money had to come from somewhere. Me. Range: That's right. Mr. Carollo: So that money came from monies that otherwise would have been used at city parks. Ms. Range: True. Mr. Carollo: And this is why we're facing this dilemma today. So what we have to do is see, number one, what other monies do we have available and use those monies where they're going to be best used. And I think Range Park certainly is one of the best use for those monies. However, I think that we have to put a final stop into the just constant additional spending in Bayfront Park. And the last thing we need, and I'll say this for the record, is to just give Carte Blanche to anyone so that we have a constant huge deficit in the upkeep of Bayfront Park on a yearly basis. Because what's going to happen then if that happens and you have people that because it's not their money, they just write a blank check, then that's going to kill every single park in the City of Miami. Because monies that, otherwise, would have been gotten to upkeep the other parks, it's going to go to be spent in Bayfront Park. So when someone goes to their office building in the morning, they can say, gee, what a nice park I have. They forget that there's a heck of a lot of other parks in the City of Miami. Ms. Range: No doubt. Mayor Suarez: Any further discussion? Call the roll. Mr. Plummer: Mr. Mayor, the only thing... Mayor Suarez: Yes, Mr. Vice -Mayor. Mr. Plummer: The only thing I think maybe that is come out here today, that maybe is something new, we all know the deplorable condition that exists. Maybe we need, Mr. Manager, since there was the precedent set of Federal money coming for the park downtown, are we maybe losing sight that we should be hitting on our lobbyist in Washington demanding that they go forth and try to find other monies for parks? Mr. Odio : No, air. You're right. We had a meeting yesterday with Lukis and we are going to prepare a list of the requests that we need from the Federal government. And that's one of them. We're going for both State and Federal. Mr. Plummer: Well, I think that's... Mrs. Kennedy: Commissioner Dawkins and I have already started on that, yes. Mr. Plummer: Yes, because there's no question the State gave funding last year for the downtown park. And the Feds gave money for the downtown park. I think it's well within our right to petition through our lobbyist to try to get additional funds for those parks which... I mean, you know, Range Park is almost considered, in my estimation, a regional park. As she said, the kids come from everywhere to use it. Mr. Carollo: Yes. 28 July 9, 1987 Mr. Plummer: And as far as Ilia concerned, I think that that is very well - should be a top priority item with our lobbyists, both in the State and in the Federal. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-627 A MOTION REQUESTING THE CITY MANAGER TO REVIEW AND RECONSIDER WHETHER THE CITY SHOULD INSTALL AN ENTIRELY NEW STATE-OF-THE-ART SWIMMING POOL AT ATHALIE RANGE PARK; FURTHER INSTRUCTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION AS TO THE REALLOCATION OF THE $8,000,000 PREVIOUSLY EARMARKED FOR INNER CITY PARKS RENOVATIONS AND MORE SPECIFICALLY SHOWING HOW INSTALLATION OF THE ABOVE CITED POOL WOULD AFFECT OTHER PARK ALLOCATIONS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Now, next year our next project's going to be to find the right place so we can create Dawkins Park. Mr. Dawkins: But, we also have, after the vote, we have a bid from a guy - what did he say, Mr. Manager? We give him 2 million dollars, he will build Clemente Park? And bring it up to... Mr. Odio: Yes, sir, he said that if we give him - with a turnkey operation, be given the 2 million dollars, he would buy the properties needed and then do the bigger park in Clemente. Mr. Dawkins: Yes, so we need to be... Mr. Odio: For that amount, whatever else he needed... Mr. Dawkins: Will you bring that back to the full Commission? Mr. Odio: And that we would have the right to hold him to the specs. In other words, they design the park and we say this is what you're to deliver; do it. Mayor Suarez: Who's that, Gerritts? Mr. Dawkins: Um humm. Yes. And let me explain to the individuals out there who don't know. The $2,000,000 came into being when we were over there at the Robert E. Lee and this group came before the Commission and Freddy Santiago and those came and they brought a plan that said that cost $2,000,000. Well, where we erred is, we did not say we had $2,000,000 for their park, but we didn't say we didn't. So they went away assuming that because we didn't say that we had two million that we promised them $2,000,000. So that's why we're In the bind. Mayor Suarez: Thank you, Mrs. Range, for your presentations. Me. Range: Thank you. Thank you. Mayor Suarez: Reverend. 29 July 9, 1987 C Mr. Dawkins: Thank you, Mrs. Range, for taking the time to come down. Ms. Range: Mayor. Mayor Suarez: Yes. Ms. Range: I'm terribly sorry. It seems that I brought two items at the same time. Mayor Suarez: You will not be present at the consideration of items 50-53, is that... Ms. Range: If it's going to be before noon, I will remain. It's scheduled before noon, but I don't know how you... Mayor Suarez: Well, it may be up to the Commission. Do we have to wait till the afternoon for that? Mr. Dawkins: Do the Consent Agenda. We can do the Consent Agenda. Do the Consent Agenda and then do it. Mrs. Kennedy: Why don't we take it up now? Mayor Suarez: We don't have to wait? Ms. Range: I'd certainly be very pleased if we could. 10. CARVER BRANCH YMCA SITE FOR AFFORDABLE HOUSING PROJECT Mayor Suarez: Items 50-53 are related to the seven house project. Mr. Plummer: Mr. Mayor... Mayor Suarez: Mr. Vice -Mayor. Mr. Plummer: ... this was deferred on my request. I only will speak to item 50. Mr. Dawkins: Item what, J.? Mr. Plummer: Five zero. Mr. Dawkins: OK. Mr. Plummer: I concur with Mrs. Range in the fact that something needs to be done and the greatest need is housing. In meeting with Mrs. Range, I expressed to her that something that I must put on the record. To me, the worst thing in the world that happens too often is to give people false hope. To make a promise or infer a promise and then not be able to deliver. I think it has to be clearly stated on the record that this particular project will not be able to be matched in the future. There's just no way that you can do it. Because, in effect, the City of Miami paid for this property roughly $160,000. The City in this proposal will only get back from the mortgage money, $7,000 per unit or $49,000 total. Which in effect says that the City is subsidizing this pilot, and I emphasize the word pilot, program each unit to the tune of $16,000. There is no way in God's green earth that any kind of program like that can continue in this City. There is only so much City land that can be utilized for housing. You cannot lose sixteen thousand on every unit and expect a program to continue. I will vote in favor of these four items today because Mrs. Range convinced me yesterday that is - what, she didn't have to convince me of the need - but she understood with me, I believe, that this is a pilot program. That this program is for a demonstration. But fully understanding that this kind of program cannot be pointed to in the future as the standard. Because if you do, you are going to completely run out of funds for the City to acquire other properties. And without other properties, this subsidy will have to be involved. So all I'm saying to you is, I'm voting for the project. It is - the property has remained dormant but there is no way that you can spend $160,000, only recoup 30 July 9, 1987 forty-nine and hope that policy or that program will continue in that same fashion. It just can't. There's no way. So, with the understanding that this is a pilot; it is a demonstration project of what possibly can be done, I will vote for the four items. I only had a problem with item 50. Mr. Dawkins: I agree with J.L. to a point; and then at a point, I have to disagree. J.L. is right, we cannot continue to give away City land. He's also right that if we do not get money to put into a revolving fund, the project dies. Mr. Carollo: Excuse me. Mr. Dawkins: But I have to disagree as to the $16,000 subsidy. The people that you're talking about subsidizing are the same people we drove out of Overtown, OK? Now, you are subsidizing all the builders in Overtown because we bought the land with the houses on it and we are giving them the land. Now, as J.L. said, we won't do that again. But, by the same token, we owe something to that community and if it's a demonstration project, then we will pay our due - some of our dues with that. But the community does not have to feel like a stepchild that you're begging - no, you come down to collect some dues that's rightfully yours. Mr. Plummer: I agree. I'll move item 50. Mrs. Kennedy: I second it and for discussion, let me think that - let me just say for the record that I do agree, you have to encourage people to become homeowners and it's more of an ethical question, you know, can we raise the money for those who need it the most? I second the motion. Mayor Suarez: Moved and seconded. Any discussion on 50? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-628 A RESOLUTION AUTHORIZING THE USE OF THE CITY -OWNED CARVER BRANCH -YMCA SITE FOR THE DEVELOPMENT OF LOW - DENSITY SALES HOUSING WITHIN THE AFFORDABLE LIMITS OF LOW AND MODERATE INCOME FAMILIES; FURTHER DESIGNATING THE CARVER BRANCH -YMCA SITE AS THE DEMONSTRATION PROJECT WHICH WILL COMMENCE IMPLEMENTATION OF THE CITY'S SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ii 31 July 9, 1987 !i 11. REQUEST BIDS FOR CONSTRUCTION OF AFFORDABLE HOUSING ON CARVER BRANCH YMCA SITE Mr. Dawkins: On four - fifty-one. Mayor Suarez: Item 51, Commissioner Dawkins. Mr. Plummer: Did he move its Mr. Dawkins: Change $400,000 to $350,000. If you're going to make these houses affordable, then you got to - the builder has to build them for $35,000 and when we tack on seven - I mean, for forty-five thousand and when you tack on seven thousand for the land, then they become affordable. But this $400,000 here, that you have here, you're going to come - the houses are going to come in at $57,000. When you tack on seven thousand that we want for the land, you're talking about $64,000. Either change this now or your item isn't going through. I've said this to Mr. Bailey, I've said it to the Manager. Change it now. Mr. Carollo: That's pretty good mathematics for a college professor, huh? INAUDIBLE OFF MIKE COMMENTS BY MR. ODIO. Mr. Dawkins: OK, go ahead Mr. - go ahead, Mr.... Mayor Suarez: Do you want to move it with that modification? Mr. Carollo: You're right. Mr. Herb Bailey (Off mike): We just want to make a correction. The three to seven thousand includes the land. Mr. Dawkins: OK. Mr. Bailey, I told you - see, and now you - you don't - see, that's why we get a problem, you guys don't listen to me. I told you the only way I was going to vote for this is that you put in here that the bidder had to understand that he had to bid - build these houses for $35,000. Mr. Jerry Gereaux: Let me make... Mr. Dawkins: I mean or whatever it is. Mayor Suarez: Yes, and... Mr. Dawkins: This cannot be no more than $350,000. Mayor Suarez: And the mathematics don't - don't... Mr. Dawkins: I mean... Mr. Gereaux: Commissioner, let me... Mayor Suarez: ... support the Commissioner because you got - you would have $400,000 and it says for construction, so if we reduce it to... Mr. Gereaux: Yes, I feel that I need to - sure. Mayor Suarez: That would be fifty thou - fifty-seven per unit for construction, Herb, the way it's phrased there. Mr. Gereaux: I need to give Commissioner Dawkins an explanation on the $400,000. Mr. Dawkins: No, I don't want an explanation. I told you what I'm going to vote for. Mayor Suarez: We - we... r 32 July 9, 1987 i Mr. Dawkins: Now, you all don't pant to put that in there, I won't vote for it. Mr. Gereaux: You will approve of this. You will approve of this. Mayor Suarez: He's moving it with three fifty instead of four hundred. Mr. Dawkins: OK? Mayor Suarez: With that modification, we have a motion. Do we have a second? Mr. Dawkins: I move it with three hundred and fifty thousand. Mr. Carollo: I second that. Mayor Suarez% Moved and seconded. Any discussion? Mr. Carollo: I think it makes sense. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-629 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST BIDS FROM PRIVATE CONTRACTORS FOR THE CONSTRUCTION OF SEVEN SINGLE FAMILY OWNER OCCUPIED RESIDENTIAL UNITS ON THE PUBLICLY -OWNED CARVER BRANCH -YMCA PROPERTY LOCATED AT 5770 NORTHWEST 15TH AVENUE IN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $350,000 FROM PROJECT NO. 321034 "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM" TO FUND THE COST OF CONSTRUCTING THE ABOVE MENTIONED HOUSING UNITS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Yes, and it may very well be less than that. Hopefully, we'll... Mr. Gereaux: Oh, of course. Mr. Dawkins: That's the maximum. Mayor Suarez: Exactly. Mr. Gereaux: These bids will come back to you for approval. Mayor Suarez: Thank you. Maybe we'll get it for less than that. 33 July 9, 1987 12. APPROVE MARKETING AND HOME BUYER SELECTION PROCESS FOR AFFORDABLE HOME PROGRAM ---------------------------------------------------------------------------- Mayor Suarez: Fifty-two. Mr. Plummer: Who's going to play God? Mayor Suarez: Some kind of a random system? Mr. Gereaux: No, we will be using a two tier application process for the universe of people that are interested in becoming homeowners on that property will have the ability and the right to apply. Then, we will screen and then to make it egalitarian, there will be a drawing for the names. Mrs. Kennedy: And I don't think anyone of us should be drawing out the names. Mr. Plummer: No, no, no, that was not my point. No, no, no. I'm saying, who is going to handle that drawing? Is it going to be the administration? Is it going to be your department? You know, the winners cry, let's go home. The losers cry, deal. Mr. Gereaux: We feel that the City Manager should - City Manager's office should do the drawing. Mr. Plummer: I would hope that you would ask an Athalie Range, who the community has full faith in, to play God in this particular case. Completely remove it from politics. Mrs. Kennedy: Um humm. Mr. Gereaux: OK. Ms. Range: I'd be honored. Mr. Plummer: We'll be... Mayor Suarez: For the selection - do you want to build that into the motion? Mr. Plummer: Yes. Mayor Suarez: OK. So moved. Mr. Dawkins: Second. Mayor Suarez: Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-630 A RESOLUTION APPROVING THE MARKETING AND HOME BUYER SELECTION PROCESS IN CONNECTION WITH THE CITY SPONSORED SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- 34 July 9, 1987 i r: L; AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 13. APPROVE TWO-TIER MORTGAGE HOME PURCHASING FINANCING PROGRAM FOR AFFORDABLE HOUSING AT CARVER BRANCH YMCA SITE Mr. Plummer: I move 53. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Just a final question on why you're not going to take advantage of the $15,000 first mortgage interest free concept of Marty Fine? Herb explained it to me but I... Mr. Gereaux: OK. In running the numbers we didn't feel that it was necessary or appropriate. We feel that it will be appropriate if the Commission chooses to operate this program in the Wynwood neighborhood. We feel that that deep of subsidy will be needed. Mayor Suarez: I see. Oh, maybe we can use the offer of the ninety thousand that he's got... Mr. Gereaux: For Wynwood, definitely. Mayor Suarez: Has he indicated that he'd be willing to give us the ninety thousand for that? Mr. Gereaux: Yes, he has. Mayor Suarez: You're not going to lose out on that promise and - OK. Do you have a motion and a second on 53? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-631 A RESOLUTION APPROVING A TWO-TIER MORTGAGE HOME PURCHASING FINANCING PROGRAM IN CONNECTION WITH THE CITY OF MIAMI SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM; FURTHER ALLOCATING FROM PROJECT NO. 321024, "AFFORDABLE RENTAL HOUSING PROGRAM", FUNDS IN THE AMOUNT OF $275,000 FROM 1976 GENERAL OBLIGATION BONDS -INTEREST INCOME TO PROVIDE SECOND POSITION HOME PURCHASER MORTGAGE FINANCING TO THE PROSPECTIVE PURCHASERS OF THE SEVEN HOMES PROPOSED ON THE CARVER BRANCH -YMCA SITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- i 35 July 9, 1987 C C� AYES: Commissioner Joe Carollo Commissioner !filler J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES-. None. ASSENT: None. Mayor Suarez: Thank you, Miss Range. Ms. Range: Thank you very such and thank you for hearing us. Mayor Suarez: People are going to be calling you to see how you're going to do that selection, I guess. Ms. Range: Very well, sir, thank you. NOTE FOR THE RECORD: Item 1-C was deferred. 14. CONSENT AGENDA Mayor Suarez: Items 2 through 29 constitute the consent agenda. Mr. Dawkins: They've assured me that they're going to work with 6 and bring something back that we can be satisfied with. So I'd like to put six back. Mayor Suarez: Do you want to put 6 back into the consent agenda? I'd like to pull item 20. Mr. Carollo: What is item 2? Mrs. Kennedy: I'd like to putt 16. Mr. Carollo: What is item 2? This inboard racing club? Mr. Plummer: That is something we've already passed, Joe. It's just the ratification. That is the race that is coming up on August 7, 8, and 9. I'm pulling it because there was some misunderstanding on the thing. I'm pulling it for discussion. I'm pulling 2 and 17. Mrs. Kennedy: I'm pulling 16 for discussion. Mr. Dawkins: I'm pulling 18 if it is not withdrawn. Mr. Plummer: It's already withdrawn. Mayor Suarez: 6 is back in. Mr. Dawkins: Pull 23. Mr. Carollo: I just want to go over it real briefly and be sure. Mr. Ken Nelson: Mr. Mayor, if I could, I'd like to have item number 6 pulled so we can discuss that. Mayor Suarez: We're back to pulling item 6. Mrs. Kennedy: It's back in the consent agenda. Do you want it pulled? Mr. Plummer: He wants to pull it for discussion. Mr. Nelson: For discussion only. Mr. Plummer: Mr. Mayor, with the exception of those items requested pulled, I move the consent agenda. 36 July 9, 1987 0 Mrs. Kennedy: Second. Mayor Suarez: So moved. before we vote on items 2 through 29 with the exceptions of the items that have been pulled, and I believe those are 2, 6, 16, 17, 18, 20, and 23. Mr. Plummer: 18 has been withdrawn. Mayor Suarez: And 18, which has been withdrawn, is there anyone who wishes to be heard for or against? Mr. Carollo: Pull 6. Mayor Suarez: We've got that. Ken apparently asked for that. Is there anyone who wishes to be heard for or against any of those items? Mr. Carollo: Let's see, we have 21 here that's allocating monies for representation in Washington by Mr. Mark Israel. Pull 21. Mayor Suarez: With the exception of an additional item, 21. Mr. Carollo: And we have 22 that's authorizing more monies for another consultant or lobbyist in Washington. Pull 22 out also. Mayor Suarez: Items 21 and 22 have also been withdrawn, I mean, pulled from the consent agenda. With the exception of those items, does anyone want to be heard on items 2 through 29 with those exceptions? Let the record reflect that no one stepped forward. We're going to get to 20; it's been pulled. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER KENNEDY THE FOLLOWING RESOLUTIONS PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins 14.1 200 SEASON TICKETS OF 1987 UNIVERSITY OF MIAMI FOOTBALL TO BE DISTRIBUTED AMONG UNDER PRIVILEGED INNER CITY YOUTH RESOLUTION NO. 87-632 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO HUNDRED RESERVED SEASON TICKETS AT A TOTAL COST OF $19,002 FOR 1987 UNIVERSITY OF MIAMI HOME FOOTBALL GAMES TO BE DISTRIBUTED TO UNDERPRIVILEGED INNER CITY YOUTH IN MIAMI WITH FUNDING FOR SAID PURCHASE TO BE ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 37 July 9, 1987 14.2 CLOSE STREETS, ESTABLISH PEDESTRIAN MALL, ISSUE BEER/WINE PERMIT, ESTABLISH RETAIL PEDDLERS AREA FOR SECOND ALLAPATTAH FAIR RESOLUTION NO. 87-633 A RESOLUTION CONCERNING THE II ALLAPATTAH FAIR TO BE CONDUCTED BY THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., TO BE HELD DECEMBER 11-13, 1987 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.3 RATIFY $5,700 IN -KIND SERVICES FOR 4TH OF JULY HAITIAN AMERICAN CELEBRATION RESOLUTION NO. 87-634 A RESOLUTION RATIFYING AN ALLOCATION FOR THE FUNDING OF IN -KIND SERVICES IN THE AMOUNT OF $5,700 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE 4TH OF JULY HAITIAN AMERICAN CELEBRATION TO BE CONDUCTED BY THE HAITIAN AMERICAN DEMOCRATIC CLUB OF GREATER MIAMI ON JULY 4, 1987; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.4 ACCEPT BID OF INTERAMERICAN CAR RENTAL, INC. FOR AUTOMOBILES ON RENTAL BASIS FOR POLICE DEPARTMENT RESOLUTION NO. 87-635 A RESOLUTION ACCEPTING THE BID OF INTERAMERICAN CAR RENTAL, INC. FOR FURNISHING APPROXIMATELY SIXTY (60) AUTOMOBILES ON A MONTHLY RENTAL BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY, SUCH AUTOMOBILES TO BE USED BY THE POLICE DEPARTMENT'S TASK FORCE/STREET NARCOTICS UNIT, SPECIAL INVESTIGATIONS SECTION, AND ANY OTHER SUBDIVISION CONDUCTING UNDERCOVER AND/OR SURVEILLANCE OPERATIONS; TO THE DEPARTMENT OF POLICE AT A TOTAL ESTIMATED FIRST YEAR COST OF $311,040.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET, $155,520.00 ACCOUNT CODE #290201-610 AND CITY OF MIAMI LAW ENFORCEMENT TRUST FUND $155,520.00, ACCOUNT CODE #290909-610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 38 July 9, 1987 14.5 ACCEPT BID OF HIALEAH MCALUMINUM CORPORATION FOR ALUMINUM BOXES RESOLUTION NO. 87-636 A RESOLUTION ACCEPTING THE BID OF HIALEAH MC ALUMINUM CORP. FOR FURNISHING MISCELLANEOUS ALUMINUM BOXES FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $7,835.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE #280501-840-MACHINERY & EQUIPMENT NEW; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and .on file in the Office of the City Clerk.) 14.6 ACCEPT BID OF SOUTHERN COACH, INC. FOR REFURBISHMENT OF FIRE AERIAL 8 RESOLUTION NO. 87-637 A RESOLUTION ACCEPTING THE BID OF SOUTHERN COACH, INC. FOR THE REFURBISHMENT OF FIRE APPARATUS AERIAL 8 FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $20,050.00; ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BOND ACCOUNT CODE #313219-289401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.7 ACCEPT BID OF ARMSTRONG MEDICAL INDUSTRIES FOR 5 LIFE SUPPORT MANIKINS RESOLUTION NO. 87-638 A RESOLUTION ACCEPTING THE BID OF ARMSTRONG MEDICAL INDUSTRIES FOR FURNISHING FIVE (5) LIFE SUPPORT MANIKINS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $6,250.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE #313016-289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: At this point, due to an oversight, the Commission failed to state that item 11 was withdrawn. Later during the meeting, Mayor Suarez clarifies that item 11 had been withdrawn. 39 July 9, 1987 14.8 ACCEPT BID OF TRULY NOLEN EXTERMINATING, INC. FOR FUMIGATION SERVICES AT MANUEL ARTIME COMMUNITY CENTER RESOLUTION NO. 87-639 A RESOLUTION ACCEPTING THE BID OF TRULY NOLEN EXTERMINATING, INC. FOR FURNISHING FUMIGATION SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $8,330.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 PROPERTY MAINTENANCE DIVISION FUNDS, ACCOUNT CODE #450301-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.9 ACCEPT BID OF CASEY'S TOWER SERVICE FOR EQUIPMENT SHELTERS RESOLUTION NO. 87-640 A RESOLUTION ACCEPTING THE BID OF CASEY'S TOWER SERVICE, INC. FOR FURNISHING AND INSTALLATION OF TWO (2) EQUIPMENT SHELTERS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL ESTIMATED COST OF 439,752.00; ALLOCATING FUNDS THEREFOR FROM THE 1986- 87 ACCOUNT CODE #429401-314021; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.10 ACCEPT BIDS OF SAVIN FLORIDA, INC., SAXON-NUCO, INC. AND XEROX CORPORATION FOR COPIERS AND EQUIPMENT RESOLUTION NO. 87-641 A RESOLUTION ACCEPTING THE BIDS OF SAVIN FLORIDA, INC., IN THE PROPOSED ANNUAL AMOUNT OF $117,862.15, SAXON-NUCO, INC. IN THE PROPOSED ANNUAL AMOUNT OF $54,200.88 AND XEROX CORPORATION IN THE PROPOSED ANNUAL AMOUNT OF $133,574.40 FOR FURNISHING COPIERS AND ACCESSORY EQUIPMENT ON A THREE (3) YEAR LEASE AGREEMENTS, AS INDICATED ON THE ATTACHED TABULATION, ON A CONTRACT BASIS RENEWABLE ANNUALLY, TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GRAPHIC REPRODUCTION DIVISION FOR USE BY ALL CITY DEPARTMENTS AT A TOTAL PROPOSED FIRST YEAR COST OF $305,637.43; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 40 July 9, 1987 1p 14.11 ACCEPT BID OF CENTRAL CONCRETE OF MIAMI, INC., FOR READY MIXED CONCRETE RESOLUTION NO. 87-642 A RESOLUTION ACCEPTING THE BID OF CENTRAL CONCRETE OF MIAMI, INC. FOR FURNISHING READY MIXED CONCRETE FOR THE DEPARTMENT OF PUBLIC WORKS ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL ESTIMATED FIRST YEAR COST OF $91,200.00 ALLOCATING FUNDS THEREFOR FROM THE 1986-87 GENERAL FUND ACCOUNT CODE #310501-750/1987-88 CAPITAL PROJECT FUND ACCOUNT CODE 3341150-319301-750; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.12 AUTHORIZE EXECUTION OF 2 AGREEMENTS WITH CELLAR DOOR CONCERTS AND FANTASMA PRODUCTIONS FOR REBATES OF NOVELTY CONCESSIONS REVENUES FROM CONCERTS RESOLUTION NO. 87-643 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CELLAR DOOR CONCERTS, INC., AND WITH FANTASMA PRODUCTIONS, INC., FOR REBATES OF NOVELTY CONCESSION REVENUES DERIVED FROM MULTIPLE CONCERTS TO BE PROMOTED AT CITY OF MIAMI STADIUM FACILITIES BY CELLAR DOOR CONCERTS, INC., AND BY FANTASMA PRODUCTIONS, INC., WITHIN A ONE-YEAR PERIOD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.13 ACCEPT COMPLETED WORK OF MET CONSTRUCTION, INC. FOR ORANGE BOWL JOIST REPLACEMENT RESOLUTION NO. 87-644 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION, INC. AT A TOTAL COST OF $427,533.00 FOR ORANGE BOWL JOIST REPLACEMENT - 1986 C.I.P. PROJECT NO. 332230 AUTHORIZING AN INCREASE IN MAY 16, 1986 CONTRACT WITH MET CONSTRUCTIONS, INC. FOR SAID WORK IN THE NET AMOUNT OF $9,787.00 AND AUTHORIZING A FINAL PAYMENT OF $20,230.65 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.14 ACCEPT COMPLETED WORK OF P.N.M. CORPORATION FOR WEST DUNBAR SANITARY SEWER REPLACEMENT PROJECT RESOLUTION NO. 87-645 A RESOLUTION ACCEPTING CORPORATION AT A TOTAL DUNBAR SANITARY SEWER PROJECT NO. 351178 AND OF $10,099.00 THE COMPLETED WORK OF P.N.M. COST OF $28,090.00 FOR WEST REPLACEMENT PROJECT C.I.P. AUTHORIZING A FINAL PAYMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 41 July 9, 1987 14.15 ORDER CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENT RESOLUTION N0. 87-646 A RESOLUTION ORDERING CITY WIDE SANITARY SETTER EXTENSION IMPROVEMENT = N.W. 5 AVENUE SR-5546-C (CENTERLINE) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS CITY WIDE SANITARY SEWER EXTENSION IMPROVEMENT DISTRICT - N.W. S AVENUE SR-5546-C (CENTERLINE) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.16 AMENDING ASSESSMENT ROLL FOR CONSTRUCTION OF KINLOCH SANITARY SEWER IMPROVEMENT RESOLUTION NO. 67-647 A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR CONSTRUCTION OF KINLOCH SANITARY SEWER IMPROVEMENT IN KINLOCH SANITARY SEWER IMPROVEMENT DISTRICT SR- 5485 (CENTERLINE SEWER) BY DELETING A CERTAIN PARCEL OF LAND AS DESCRIBED IN SAID ASSESSMENT ROLL; AND REDUCING THE TOTAL ASSESSMENT COST OF THE DISTRICT IN THE AMOUNT OF 41,390.21. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.17 AUTHORIZE ACCEPTANCE OF 15 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES RESOLUTION NO. 87-648 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT FIFTEEN (15) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14.18 ONE YEAR EXTENSION OF EMPLOYMENT FOR CARMEN CRUZ RESOLUTION NO. 87-649 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 70 FOR CARMEN CRUZ, TYPIST CLERK II, DEPARTMENT OF POLICE, EFFECTIVE JANUARY 12, 1987, THROUGH JANUARY 11, 1988, WITH THE PROVISION THAT IN THE EVENT OF A ROLL BACK OR LAYOFF, CARMEN CRUZ' 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.) 42 July 9, 1987 f 15. 425,000 GRANT TO FLORIDA INBOARD RACING CLUB Mayor Suarez: Item two. Mr. Plummer: Mr. Mayor, when we passed item two, it was with the understanding as City was going to cosponsor. It seems to be a problem, Mr. Manager, that we allocated the funds of twenty-five thousand for the ESPN promotion. That's what that money was for. We now need to, what I thought was already included, was the waiver of the rental of the stadium; we are a cosponsor. And we will need the use of the two-way radios as we have had in the other races and the necessary people as we've had before of communications and that sort so I just wanted to make sure that that was understood and included so there'll be no question later. With that, Mr. Mayor, I move item two. Mayor Suarez% So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on two with the modifications - clarifications. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-650 A RESOLUTION CONCERNING THE INBOARD NATIONAL HYDROPLANE CHAMPIONSHIPS TO BE HELD AUGUST 8 AND 9, 1987, AT THE MARINE STADIUM; ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AS A _ GRANT TO THE FLORIDA INBOARD RACING CLUB TO BRING SAID EVENT TO THE CITY, WHICH EVENT WILL BE TELEVISED FOR THREE HOURS ON E.S.P.N. TELEVISION THEREBY PROMOTING THE CITY OF MIAMI AND THE MARINE STADIUM; ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COST OF RENTAL OF THE MARINE STADIUM FOR SAID EVENT; FURTHER AUTHORIZING THE USE OF COMMUNICATIONS RADIOS AND RELATED EQUIPMENT FOR i SAID EVENT; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins COMMENTS MADE DURING ROLL CALL: Mr. Carollo: This is for what number now? Mr. Plummer: Number two, Joe. Ms. Hirai: Two. Mayor Suarez: Two. 43 July 9, 1987 Mr. Carollo: Number two. Mr. Plummer: Just correcting it. 16. ACCEPT DID OF OUT'S TAILORING AND UNIFORM COMPANY FOR POLICE UNIFORMS (See label #4) ------------------------------------------------------------------------------ Mayor Suarez: Item six. Mr. Ken Nelson: Mr. Mayor, Ken Nelson from the FOP, representing the police officers of the City of Miami. I'd like to say for the record, that we support this item here as far as giving the issuance of uniforms. But the one point I wanted to clarify for the record is that the monies allocated are, in fact, for one full issuance for one year and that would be 186-187. And I'm asking the City, is that correct? OK, that's all I had, thank you. Mr. Plummer: Well, let me ask a question. A number of policemen have been raising holy hell and I think rightfully so. Mr. Manager, does this address the issue of the present uniforms they are wearing are hotter than hell. Does it address that issue? Mr. Odio: I asked the same question because the day... Mr. Plummer: Especially, you know, the dark color... Mr. Odio: It's very hot. Mr. Plummer: We used to have around here, I don't know what happened to it, in the summer we used to have white, which, obviously was cooler. Mr. Odio: Well, they were... I asked that question and I understand that the police officers... Mr. Nelson: The reason why they don't have white shirts, if I might answer that, is they make a target at night for anybody's who's trying to shoot at a policeman. Mr. Plummer: Well, OK... Mr. Nelson: That's why they like the dark suit - or the dark uniform. The new uniform that they went ahead and got the specs for does account for the comfort of the officer as well as the fire safety. They did a test... Mr. Plummer: Hey... Mr. Nelson: ... and the uniforms that we were wearing and they weren't very fire resistant. Mr. Plummer: OK, the point I'm trying to make is, I think that we all realize summer in Miami is hot and does this issue address that? And your answer is yes. That's all I need to hear. Mr. Nelson: That's it. Mrs. Kennedy: Mr. Manager, have we made a good faith effort to invite minority participation in these bids? Mr. Plummer: This is a minority, isn't it? Mrs. Kennedy: No. Mr. Plummer: No? Oh, a non minority. Mr. Odio: We always do, Commissioner. I understand, however, that in uniforms, not many people can provide this type of police uniforms. That's what I was told. There were 36 potential bidders. One black, two Hispanic, and two female and 31 non minority. 44 July 9, 1987 Mrs. Kennedy: OK, well we can't force them to par... Mr. Odio: But the bids received were only five, 2 female and 3 non minorities. The lowest bidder R & R, Lou's Tailoring and Uniform Company, which is the one that cannot - can provide the better price and the best quality is a non minority. Mrs. Kennedy: OK, as long as you make the effort, that's what I'm asking. i move six. Mr. Plummer: Do they have an office in Miami? Mr. Nelson: Lou's Tailoring is on 17th Street. Mr. Plummer: Where? Mr. Nelson: And I might add - on 17th Street. Northeast One Avenue and 17th Street is where they're... Mr. Plummer: Mr. Mayor - Mr. Manager, let me tell you something I think you need to consider. Maybe not necessarily in this bid. A lot of man hours in the Police Department are used in having to go up to that shop. Mr. Odio: You know, you're right. I... Mr. Plummer: You ought to consider making space available in the station. Not on a permanent basis. Where the officers can go in there while they're on duty, get these things taken care of and not have to be continuously trucking up to wherever their tailor shop is. I think it would be well worth to consider that if you have the space available, making that space available for the period of time, that it would be not a savings on dollars in the uniforms but a savings in dollars in man hours. I think it's worth considering. Mr. Dawkins: How many uniforms are we short? I mean, are these policemen short? Because I see some guys out there on motors that they got shiny, shiny pants. Looks like they've been wearing them for twelve years. Mr. Nelson: From what I understand, their britches haven't been issued in the last two years. Mr. Dawkins: Why? Mr. Nelson: The word that I got is that they're more expensive for the tailor and they try to hold them back and give other reasons why they weren't... Mr. Dawkins: Oh no, no, I won't buy that, but go ahead, I mean... Mr. Nelson: I'm just telling you what I've been told. As far as the uniforms go, they are long overdue. Our contract took place back in October when we were supposed to get a full issuance. We've had policemen that have gone without a issuance of a uniform since last October. We have some policemen who are down to their last one or two uniforms. That's why we had to come back before the Commission, I believe before the last agenda, and get an emergency purchase order in order to try and help catch up a little bit for the past, but this will help make up for it in it's entirety. Mr. Carollo: Anyway, on that same item six, Madam City Attorney my firm has been buying uniforms for the last two years for this firm that's apparently won this bid, so regardless of what the statutes say, and I'm sure they'll there's no conflict to me on voting for it or not voting for it, I'm not going to vote for this so that, you know, they won't have to get another Grand Jury impaneled to investigate it. And, hopefully, we'll get the uniforms for the Police Department on time. Mr. Plummer: Hell, Joe, that - Joe, that's not going to stop them. That's not going to stop them. They'll impanel it anyhow. Mayor Suarez: Chief, do you want to address this at your own risk? Looks like it's about to pass. Chief Clarence Dickson: No, except we have been hassling with the uniform problem for some time now and our police officers, in fact, don't look as good 45 July 9, 1987 r as I would like to have them look because of it the bid problem we've been having and I would like to really ask the Commission to help us resolve this so that we can go ahead and get the uniforms for our police officers. Mr. Dawkins: What's you suggestion, Chief? 1 mean... Mrs. Kennedy: Yes. Mr. Dawkins: ... I'll help you solve it if you tell me what you me to help you to do. Mayor Suarez: You're guaranteeing us, by the way, that these uniforms don't include any hats or anything or that sort. Chief Dickson: Well... Mr. Dawkins: Go ahead, Chief. Chief Dickson: Well, to pass this request for - that is on the agenda now to allow us to go ahead and make the purchase. Mr. Dawkins: All right, now, if I pass this - I mean, not if, when we pass this, then that means that Monday morning these guys are going to start getting uniforms? Chief Dickson: As soon as possible after they... Mr. Dawkins: Well, see that - that's the word that's got me concerned, Chief. What is possible? Chief Dickson: Monday morn... Mr. Dawkins: You see, because you'll be - see, and this is no reflection on you, the department or nothing. But you'll put in the req... let me talk to the Chief! You'll put in a requisition, Chief, OK? You'll send a memorandum and when it gets through going through the system, we three or four months away. Right, Chief? So now, how can the Chief put in a requisition Monday morning and we get some damn uniform Monday afternoon? That's what I want to know. Mr. Plummer: You can't. Mr. Dawkins: Why? Mr. Plummer: Because they've got to order all of them and that takes time from the bidder. I'm sure he doesn't have stock for 1,100 policemen in stock without having the bid. Mr. Dawkins: But he ought to have some - he got some in stock, hasn't he? Mr. Plummer: No, sir, because if the - you see that was one of my problems before. The City of Miami deviates a great deal from the norm. Mr. Dawkins: OK. Mr. Plummer: They have the norm in stock. OK? But if you read the specs, which are about eighteen pages of how a pair of pants will be constructed, you'll know why, first, we pay more than all other Police Departments and, second, why it takes so long. You know, they have to have double stitching, they've got to have plastic instead of metal, and they've got to do this. You know, I don't know how much money they spend to write those specs, but I got to tell you something, eighteen, eight - is it about - Joe, am I right, it's about eighteen pages? And that's where part of the problem is. Mr. Dawkins: Well, we found those eighteen pages. Now, what can Chief Dickson do to eliminate the eighteen pages and get down to six pages? I mean, let's be about the business of doing what we have to do. If the eighteen pages makes it cumbersome and stop them from getting their uniforms, how can we cut the eighteen pages down to three pages, J.L., and get what we want? Mr. Plummer: I've been trying to do that for a long time. 46 July 9, 1987 f r Mr. Dawkins: Ken. Mr. Plummer: Not just on uniforms. Mr. Nelson: Well, I don't think the problem lies in the Police Department. They've been very fair in working with us trying to come up with a more comfortable, more safer uniform and we've done that. And that's set back the bid process, I understand, a little bit. Nov that we can get it approved today, I'm sure that the department and the City administration will try and... Mr. Dawkins: You're doing me just like my wife does. You're hearing me but you're not answering me. Mr. Nelson: I can't... Mr. Dawkins: How can we get rid of the eighteen pages? Mr. Plummer: No, that's now behind us on this issue. Mr. Nelson: It is. Mr. Plummers What, what do... Mayor Suarez: Can we get some simpler specs for the next order please? I mean sixteen pages is outrageous for these uniforms. Mr. Plummer: What does the bid call for, Mr. Mullins and how long before... Chief Dickson: 21 days after award, OK. Mr. Plummer: Well, that's what we're talking about. Mr. Dawkins: OK, I'm - has it been moved? Mayor Suarez: We have a motion and a second. Ms. Hirai: Commissioner Kennedy moved it. Mrs. Kennedy: I moved it. Mr. Dawkins: I second. Mayor Suarez: Call the roll on item six. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-651 A RESOLUTION ACCEPTING THE BID OF LOU'S TAILORING AND UNIFORM COMPANY, INC. FOR FURNISHING UNIFORMS TO THE DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL ESTIMATED FIRST YEAR COST OF $392,576.00 ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET $98,144.00 AND 1987-88 OPERATING BUDGET $294,432.00 ACCOUNT CODE #290201-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- 47 July 9, 1987 41 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSTAIN: Commissioner Joe Carollo ABSENT: None. 17. ACCEPT BIDS OF JUELLE, INC. AND WILDCAT WRECKING CORPORATION FOR DEMOLITION SERVICES Mayor Suarez: Item sixteen. Mrs. Kennedy: I pulled sixteen just for discussion because, Mr. Manager, I'd like to get a list of all the buildings that have been demolished and the demolition schedule. I assume that you have that. Mr. Odio: Yes. Mr. Kennedy: OK. I have no problems with it. I move sixteen. Mayor Suarez: So moved. Do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Mr. Plummer: Under discussion. Mrs. Dougherty: I might advise you on this particular one - on this particular item, there is a temporary restraining order right now entered against the City. We would suggest that you go ahead and pass this resolution anyway. The judge is requiring a bond and all kinds of other security from the owner of the building to insure that he's going to fix up the building, so... Mr. Plummer: Under discussion. Mr. Manager or Madam City Attorney, what can this City Commission do for persons who are owning buildings that are completely not in the point where of where you can condemn but, in fact, if you go around Jose Marti Park right now, there are buildings down there that are absolutely fire traps. They are disgraceful to this City. What... can we, as a City, for forth with an ordinance where we go in and board them up and secure those so that they cannot be the fire traps or wino hotels and, in fact, then levy against the homeowner? I mean, I assume we have to give them thirty days in which to comply and if they don't, then we can - is there a way we can do that? The Video Powerhouse on Saturday was a good example. That place was not secured and wound up we had one hell of a f ire that damn near endangered a whole block. Now, I'm saying that this City Commission, especially around Jose Marti Park, can we go in there and can we board those up and bill the owners for them? I know we can cut their grass even though we're doing a very poor job of it, under lot clearance. Mrs. Dougherty: We can do it in an emergency situation. The City has emergency powers to declare a building unsafe, require the occupants to leave the building and to board it up. Mr. Plummer: Then I would ask that at the next Commission meeting, Mr. Pierce come back and supply us with a list of addresses that we will declare an emergency, get the City to go in there and do the work and we levy against. Mrs. Dougherty: It's actually the building official that has to declare the emergency. Mr. Plummer: Excuse me? 48 July 9, 1987 Mrs. Dougherty: It's the building official. Mr. Plummer: Fine. Who ever. Mr. Walter Pierce: The building official, Mr. Plummer. It's the building official. Wait, let me may I rephrase what you're asking. You want us to go around Marti Park in that general area there... Mr. Plummer: Not just the - I'm just saying, that's the glaring example. Mr. Pierce: OK. But you want us to go in and take all necessary action to shut down and hopefully eliminating the future unsafe structures. Let us - we'll do that. Mrs. Dougherty: Force compliance. Mr. Plummer: No, you're not doing it, that's my concern. I mean, I drove by there last night and I'll show you one house down there that you got neighborhood kids playing in that, so help me God, one of them is going to be - you know, you're going to be reading about it in the front page of the newspaper. Mayor Suarez: J.L., let me hear for a second from Mr. Gereaux from the Housing Conservation Agency as to the plan that you plan to implement to bring up to not - it's beyond the code, really, all of the rental housing in this City. That - Walter, is that where you were headed too? Mr. Plummer: Well, the houses that I'm talking about, Mr. Mayor, no way in hell you're going to bring up to code. No way. And, you know, they are unsafe structures, but if you go through the condemnation proceeding, I know It's going to take years. You're going to have to do like this particular case of putting up deposits. I think that this Commission is charged with the safety and welfare of our residents. Mayor Suarez: How do you propose to do it, Jerry? Mr. Plummer: That is - what I'm saying to you is, that we need to get in there and close these damn places secure so that the neighborhood kids, the derelicts, the winos and everything else are not using these things of which we're going to be embarrassed about. Mr. Dawkins: It don't make no difference... Mr. Gereaux: You are absolutely right and I want to make just one point, Commissioner. Mayor Suarez: And without going through the process of, you know, demolitions subject to... Mr. Gereaux: Sure, sure, without going through that process. Mr. Plummer: Hey, if we can go in and we can cut their grass and send them a bill for it in the form of a lien, God knows we can close the house. Mr. Dawkins: And most of them are being used as crack houses too. OK. Mr. Pierce: Mr. Vice -Mayor, under the South Florida building code current, in the building is considered in the opinion of the chief building official to be unsafe and hazardous to the general welfare, safety, etc., we have the authority now to go in and to board those up. Mr. Plummer: Well then fire the man who's responsible because he's not doing his job. Mr. Dawkins: Second. Mr. Plummer: No, you know, we can't do that, of course. Mr. Pierce: Mr. Plummer, I share your sentiments, but the reality - if you recall, if you recall... 49 July 9, 1987 Mr. Plummer: No, but what I'm saying is - what I'm saying - Walter, you don't have to be... Mayor Suarez: The motion is withdrawn. Mr. Plummer: Well, that's an illegal motion, you can't even make it. Mr. Dawkins: The Mayor - the Mayor - the Mayor and the Manager hire and fire, the Commissioners can't. Mr. Plummer: What I'm saying to you is, when in the hell are you going to get around to doing it? Mr. Pierce: I think we got your point and your message. Give us a shot and we'll tell you about it on the 23rd. It's something that I have wanted to do for a while, but I want to point out to you that what you're asking, that when we go in there and do this, you're all of a sudden going to be faced with a number of people on the streets. The decision is always - the question has always been... Mr. Dawkins: So? That's all right. Mr. Plummer: I would rather have the kids playing on the streets than in those houses. Mr. Pierce: I'm not talking about playing on the street, I'm talking about sleeping on the street. Mr. Dawkins: But Brother Paul got a place for them. Don't worry about it. Let's go to the next item. Mr. Plummer: Oh yes, yes. Hey, look, I'm telling you, you'd better address it now because as Miller Dawkins says about the pool, you gonna pay me now or you gonna pay me later. OK? Mr. Dawkins: Or pay up later, that's right. Mr. Plummer: Now, I'll tell you something. You can easily, without even half trying - you can come back before this Commission at the next meeting and I'll guarantee you can give me thirty addresses in this City that would cry out for that kind of attention. Mr. Pierce: I can probably give you a hundred by this afternoon, but... Mr. Plummer: You see, that is speaking against yourself. Mr. Pierce: I understand that. Mr. Plummer: Why the hell didn't you do it? Mr. Pierce: Because there's a question of resources... Mr. Dawkins: Chief, don't leave, please. I need to see - I want to see you right after this, OK? Mr. Pierce: ... question of resources. Mr. Plummer, if you remember last year we came here for the Manager's support and asked for an additional half million dollars just to do demolition. We weren't even addressing at that time those places that were still occupied. Mr. Plummer: Mr. Pierce, do you know what we want done? Mr. Pierce: I understand. Mr. Plummer: Do it. Mr. Pierce: Got you, sir. Mr. Dawkins: Thank you. Mr. Manager, through you to the Chief of Police and Mr. Williams, will you have them come down please? Mr. Odio: Yes, Chief. 50 July 9, 1987 Mayor Suarez: Did we vote on sixteen, Madam City Clerk? Mrs. Kennedys I moved it. Mr. Odio: Go ahead, go ahead, Commissioner. Mayor Suarez: Is that on sixteen? Do you want to take a... Mr. Dawkins: Did we vote on sixteen? Ms. Hirai: Sixteen? Yes, I have a motion. Mrs. Kennedy: I move it. Mr. Dawkins: I second. Mayor Suarez: Call the roll on sixteen. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-652 A RESOLUTION ACCEPTING THE BIDS OF JUELLE, INC. IN THE AMOUNT OF $23,828.00 AND WILDCAT WRECKING CORP. IN THE AMOUNT OF $5,500.00 FOR FURNISHING DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSED COST OF $29,328.00; ALLOCATING FUNDS THEREFOR FROM THE DEMOLITION FUND ACCOUNT CODE 0560502-340-110035; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: ------- for Mr. Carollo. Ms. Hirai: Commissioner Carollo is here and votes yes. 18. DISCUSSION CONCERNING CONDITION OF POLICE MOTORCYCLES AND OTHER VEHICLES Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Williams and Chief Dickson, we - this Commission said order some motorcycles. What's the status of those motorcycles, either one of you gentlemen, please? Mr. Plummer: They're riding them. Fifteen. They're riding them. Mr. Ron Williams: We did place an order for motors, Commissioner Dawkins. Those motors arrived and are all in service at this time. There was an additional number of motorcycles that some members expressed a desire to replace and we have not proceeded to - we've not brought that before the Commission for your authorization at this point. 51 July 9, 1987 V V Mr. Dawkins: Why not? Mr. Williams: We have not identified exactly which of those motors need to come out of service. The Chief and I need to review that carefully so that he has a clear understanding of his motor fleet site and I can inform him of those motors that are in most need of being replacement and we can come to you with a common recommendation. Mr. Dawkins: Well, when - how long will it take you and the Chief to do that? Mr. Williams: We can bring that to you in September. Mr. Dawkins: You see - ani I'm not speaking to the Chief because he's aware of it. I'm talking to us who are not aware, OK? We don't need a motorcycle death the same as we had a automobile death to bring it to our attention that some of these motors are unsafe. We need to be about the business of examining and addressing this issue and we find out they're unsafe and correct this. Mr. Williams: Commissioner, I am not and none of my staff are, at this point, aware of any motorcycles that are unsafe. As a matter of fact, my most recent discussions with the motor patrol is that their fleet is in pretty good condition at this point. If there is a problem with the motor, we need to address it. Mr. Dawkins: Well, well, well - well, I'm - OK - Ken, Ken, now I've heard from a policeman that some motors need to be replaced. I'm hearing from Mr. Williams that he heard from them that they don't need to be replaced. Now, what's what? Mr. Ken Nelson: I believe there are twelve 1982 motors which have an excess of 100,000 miles each and I believe that the motor unit feels that they are technically unsafe for the officers on the street. Mr. Odio: Well, the motor unit... Mr. Dawkins: We'll have to ask J.L. about a 100,000 miles on a motorcycle. I don't know. Mr. Odio: But the motor unit - whoever they are follow the proper procedure and they talk to their supervisor and their supervisor make the Chief aware of the situation or do we have to find out here today? Mr. Nelson: No, I believe there has been a request that's gone through channels. I don't know how far back or whenever, but I believe it's been acted upon by the department, I'm not sure. Mr. Dawkins: OK, OK, now what about the vehicles that we ordered, Mr. Williams, and we were going to put X number of them out, you know, periodically? Mr. Williams: A tremendous number of those vehicles that were approved by this Commission have been received. We're in the process now of striping those vehicles with the new striping. Several of them have been completed and are available and on the street to my understanding. We're proceeding expeditiously with this process. The Manager has given me full authority to proceed with whatever resource allocation I need to make sure that all of those units are available as quickly as possible. Mr. Dawkins: OK, how many units do you have sitting idly waiting for us to stripe? Mr. Williams: There must be approximately a hundred. Mr. Plummer: Is that the only thing they need is the striping? Mr. Odio: Oh no, no, no, no... Mr. Williams: No. 52 July 9, 1987 41 Mr. Odio: ... it's not the striping, a minimum equipment to become patrol... it's the light bars. They have to have Mr. Williams: There are a number of them, Commissioner. Mr. Dawkins: OK. How long - how long, how long does it take to make one road ready? Mr. Williams: If 1 may, Commissioner. When we came to you sometime back and you approved the order of these vehicles, we said to you at that time that based on our projected schedule and conversations with manufacturers and dealers, that those vehicles would probably begin to arrive here late summer. We were fortunate enough because of the size of our order and our expeditious handling of it, to get those cars arriving earlier than we expected. Which is good news. However, we are in the process of putting all the other pieces together, i.e$ the decaling, the light bar, the siren, the cage, the communications equipment. It is a process that takes place. We again - the Manager's authorized me to allocate resources I need to, to make sure that happens. I think it's unfortunate that one can look at a vehicle parked in the yard and assume that it's ready to go and should be put on the street. We think that we need to properly equip these units and we're still, at this point, two months ahead of the schedule that we projected to you for which these vehicles would be available. I assure you that again, as a manager director, we're proceeding expeditiously. And, I might add that we're working with the Chief's office and his staff to make these assignments. As you know, some of these vehicles have to be taken out of service before one can be put in service wherein we use the same equipment and transfer it, i.e., when we can reuse a light bar, we reuse a light bar. When we can reuse, as we most of the time do, and MDT, we reuse it. Thus, we need to pull a unit out in coordination with the Chief's office and his fleet unit and take that equipment out and place in another unit. So it is a process that we're coordinating with the Chief s office. We do hope, as you do, to have these vehicles on the street as quickly as possible. I assure you we're working on it. Mr. Plummer: Ron. OK, can I tell you something? Mr. Williams: Yes, sir. Mr. Plummer: That's not acceptable to me. OK? Tell you why. We have units now that get a car; I'm talking about individuals for half a day, and then they have to go back to the station and turn in the car half way through their shift. It's ridiculous. Now, how many of those cars can you work on at one time? Ten? Mr. Odio (Off mike): It depends on how many cars they give ------ Mr. Plummer: How many cars can you work on at one given time through radio, sirens, cages, striping, whatever is necessary? Mr. Williams: It's an assembly line process, Commissioner. Mr. Plummer: OK, Ken... Mr. Williams: OK, as soon as one car is completed in one stage, we move on to the next. Mr. Plummer: Is it ten a week? Mr. Williams: Easily. Mr. Plummer: OK, I would suggest and I'll even offer in the form of a motion, that if you've got a hundred cars just sitting... Mr. Williams: Well, I don't mean that they're just sitting. They're in the process of being placed into service. Mr. Pluimaer: They're not being used for what they were purchased. I would suggest that you would come up with a system, even if a policeman has to use just a car, he's got his radio. You don't have to have the lights - it, hey, it's better than having a policeman without a car for half a shift. 53 July 9, 1987 Mr. Williams: Commissioner, I... Mr. Plummer: Put those other ninety cars in service and bring them in as you put the other ones out. gut to have cars sitting there not being used, I don't think you can make a good argument, in my estimation, when you have men who do not have vehicles. Mr. Williams: Vice -Mayor, I don't think that that... Mr. Plummer: Well, look, I know that last weekend, and you're going to have to address the issue, we lost twelve police cars last weekend. Mrs. Kennedy: Twelve in one weekend? Mr. Plummer: Twelve in one weekend, OK? And I'm not finding fault with the policemen because we well know that they were all not chargeable accidents to the policemen. But twelve cars were taken out of service, is what I was told by the administration. Now, what I'm saying is, if you got a hundred cars there, you cannot work on a hundred cars at one time. Give the cars, even though it's just a car, as an unmarked car; unmarked cars don't have cages, they don't have MDTs, they don't have sirens, and put these men out on the street. And, as you need them, bring them back in and make them fully equipped. But to have those cars sit there, it's not acceptable to me. To me, you could put fifty of those cars, this afternoon, easily on the road while you're working on the other fifty. OK? And when you get those other fifty done, bring those in and put the others out. Mr. Williams: That would have to... Mr. Plummer: I mean - do I make bad sense? Tell me where I'm wrong. Mr. Williams: Well, Commissioner, those operational needs will have to be determined by the Chief. Mr. Plummer: So make the determination. I've expressed my feelings. Mr. Nelson: Mayor, Commissioners, I know I don't have to stress the urgency of the matter of the cars. And I think the City administration has been trying to the hardest to get the cars out and it's commendable. But, last September when we had an officer die, we made a promise to these policemen and we've been trying to be very patient and now it's some nine or ten months later and we still have 1982 cars out on the street. We have 1983-84 cars that you get in there and the steering, the alignment - I drove a van a couple of weeks ago that I would have been afraid to even try and pursue somebody a couple of blocks to pull them over because the alignment and everything is all out on these cars and we need to get these cars out as soon as we can. Mr. Plummer: Ken - Ken, I'm basically speaking to the shifts that they only get a car for half a shift. If you've got the cars there, use them. That's what I'm saying. By the time you take a man and he goes into the station, comes back out for four or five hours, then goes back to the station. The time involved in that is ridiculous. Mr. Nelson: I agree. Mayor Suarez: Thank you for your presentation. All right, item sixty... Mr. Plummer: I would like, Mr. Mayor, I'd like a memo, in the next 72 hours, is what the administration's going to do on the issue. Mayor Suarez: So instructed. 54 July 9, 1987 10. OPEN BIDS FOR MANOR HIGHWAY IMPROVEMENT PHASE IV Mayor Suarez: Madam City Clerk, would you open the bids on item sixty-three. Mr. Carollo: Excuse me, J.L., can you go over that issue again so I could understand its Me. Hirai: Mr. Mayor, these are bids for the construction of Manor Highway improvement, Phase IV, 9-4519. First bid In from Alfred Lloyd & Sons, Inc., total bid: two million, seven hundred seventeen thousand, two hundred and thirty-five dollars ($2,717,235.00); next is from Williams Paving Co., total bid: two million, fifty thousand, thirty-six dollars ($2,050,036.00); next is from P.N.M. Corporation, total bid: two million, four hundred and three thousand, seven hundred and seventy-six dollars ($2,403,776.00)... Mr. Plummer: Was that two million, four, oh, three? Ms. Hirai: Two million, four, oh, three, seven, seven, six. Next bid is from Garcia -Allen Construction Co., total bid: two million, six hundred and eighty-four thousand, six hundred and ninety one dollars, forty-five cents (42,684,691.45); next is from Miri Construction, Inc., total bid: one million, nine hundred and thirty-eight thousand, seven hundred and twenty dollars, fifty cents ($1,938,720.50); next is from Dade Paving Corporation, total bid: two million, two hundred and forty-two thousand, one hundred and fifty-five ($2,242,155.00); next is from P.J. Constructors, Inc., total bid: two million, four hundred and twenty-two thousand, eighty-two dollars ($2,422,082.00); next is from M. Villa & Associates, Inc., total bid: two million, one hundred and thirty-seven thousand, six hundred and forty-two with forty cents ($2,137,642.40). Mr. Mayor, those are all the bids. Mr. Plummer: I move that they be sent to the proper party for analyzation. Mrs. Kennedy: I second. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-653 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE IV B-4519; FURTHER REFERRING SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 21, is it? Mr. Plummer: Mr. Mayor, I would like to once again just for the record on item 63. On item 63, Mr. Mayor, that I think that we need to look at the process we're using to come about the estimated construction cost which has the 5 percent kick in; that four out of the nine bids were considerably lower than what our, so called, expert estimators estimated. INAUDIBLE RESPONSE. 55 July 9, 1987 Mr. Plummer: Hey, then you should have that in consideration. Just making it for the record. One of these days, somebody, is going to realize what I'm trying to say. Mr. Odio: I do, but there's a lot of ------ work... Mr. Plummer: OK, I'm pleased to see that we have that many bids. It's unusual. Mr. Carollo: J.L. Mr. Plummer% Sir? Mr. Carollo: Which item are we talking about now? Mr. Plummers On 63, Joe. Mr. Dawkins% The next one is what, twenty? 20. $200,000 FOR COMPLEX PROTRACTED CRIMINAL INVESTIGATIONS Mrs. Kennedy: Who pulled seventeen? Mr. Plummer: I pulled seventeen. Mayor Suarez: All right, let's go back to seventeen. Mr. Plummer: The Chief still here? Mr. Manager, this is $200,000 for ongoing criminal investigations. INAUDIBLE RESPONSE FROM MR. ODIO (Off mike). Mr. Plummer: I understand, I understand, complicated. INAUDIBLE RESPONSE FROM MR. ODIO (Off mike). Mr. Plummer: Keeping in mind that at the last budget hearing, we gave the Police Department a million dollars ($1,000.000) additional bonus for overtime. We are now asked again to give two hundred thousand for overtime. I realize that our homicide rate, thank God, is down, but the point that I want to make is, I think somewhere there's got to be an accountability. I am not going to ask that that be done at this time. But at the and of the budget year, I would want a report given to this Commission of where that $200,000 was spent. INAUDIBLE RESPONSE. Mr. Plummer: That's fine, OK. All I'm asking for is accountability at the end of the budget year that a breakdown be given this Commission of where that $200,000 was spent. That's all I'm asking and I'll move item seventeen. Mrs. Kennedy: Second. _ Mayor Suarez: So moved and seconded and thirded. Any discussion? Call the roll. 56 July 9, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-654 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND FOR THE FINANCING OF COMPLEX AND/OR PROTRACTED CRIMINAL INVESTIGATIONS, 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 by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 21. CONTINUE CONSIDERATION OF PROPOSED AGREEMENT WITH SENIOR COMMUNITY SERVICE PROGRAM AND SENIOR CENTER OF DADE COUNTY FOR FIRE SAFETY; ADMINISTRATION TO ACCEPT FEDERAL FUNDS FOR SAID PROGRAM Mayor Suarez: Item twenty-one. Mr. Carollo: I would like... Mayor Suarez: Twenty, I'm sorry, twenty. Mr. Carollo: Twenty-one and twenty-two... Mayor Suarez: Wait, Commissioner, I missed twenty. Ar. Plummer: Twenty. There was a gentle - oh, here he is, here. Mayor Suarez: This is with the Senior Centers of Dade County. Do you want to make a statement? Mr. Louis Shabareck: I'm Mr. Louis Shabareck. I'm a member of the United Tenant Council of HUT. I live at 357 N. W. 3rd Street, Apt. 101 and I was authorized by Mr. Vega to come up with the situation to know who is going to handle the $98,727.60? Who is going to handle it and what is it going to be used for and who is going to distribute the money? Mayor Suarez: Very important questions. Chief. Now, I gather the contract is supposed to be with Senior Centers of Dade County. Mr. Floyd Jordan: Floyd Jordan, Deputy Fire Chief. The $98,000 is in -kind services. Mayor Suarez: OK. The amounts that we're awarding - are we awarding any amounts under item twenty? Mr. Plummer: Why is the wording in here, the senior - and the Senior Centers of Dade County, Inc. Mayor Suarez: What's their involvement? Why are we signing a contract with them? 57 July 9, 1987 Mr. Jordan: There are two agencies that we have a contract with; Senior Community Services Program and the Senior Citizens - Senior Centers of Dade County. They receive their funding through title five, that's Federal funds, the City of Miami is providing in -kind services which totals up to approximately $98,000. All of that is in -kind services. Mayor Suarez: Why are we doing it with Senior Center of Dade County? Mr. Jordan: They are the host agencies. They provide the personnel to do the home safety surveys. Mr. Plummer: Well, is this... Mr. Jordan: I don't understand the question. Mr. Plummer: Well, I guess he's not part of that group and he wants to know why other groups can't be considered, I assume. The department appoints the groups. Mr. Shabareck: What department? Mr. Plummer: Fire. Mr. Dawkins: See. We see how to do this. Mr. Shabareck: Fire Department? Who's going to be in charge of the groups-------- Mr. Jordan: The Fire Department will provide a supervisor to oversee the personnel that are being provided by these two agencies. Mr. Dawkins: OK, let me see. Mayor Suarez: OK. Mr. Dawkins: I think that this - I think, now, if I'm in error J.L. or somebody will correct me, these are funds that were applied for through the Older American Act and certain individuals were hired at that time who are participated in the filing of the application and the preparation of the application and when it was funded, I think they were grandfathered in. I'm thinking, sir, I don't know. And that's why you see it like it is, sir. Mayor Suarez: OK now, the question is, why could we not do this with some other entity? Mr. Dawkins: That's what I'm saying... Mayor Suarez: Right. Mr. Dawkins: That's right, they've been grandfathered in. Mayor Suarez: And why couldn't we do it - right, or with the - or for example, the Tenants Association, Chief. Could we do it with the Tenants Association instead of having Senior Centers of Dade County be the one that selects as they do under paragraph one of section one there, to provide no more than sixteen eligible persons who are residents of this City for participation in a home safety advisor's program. Why couldn't the tenants be the ones that propose and provide the sixteen participants? Mr. Plummer: In other words, why do they have a lock on it? Mr. Jordan: I can't answer that question. This contract has been in effect since 1978. Mayor Suarez: Right. But could we now change, Walter? Mr. Dawkins: All right, I'll tell you what. Let's continue this until we can get a idea of why, what,. and when and then come back at the next Commission meeting so that we can this gentleman... Mayor Suarez: I'll buy that because if... 58 July 9, 1987 Mr. Jordan: OK. I'll provide that information. Mr. Plummer: Wait -a minute, wait a minute, wait a minute. Can we do half of it and that's accept the money? Mr. Odio: Yes. Mr. Jordan: Yes. Mr. Plummer: Let's do half of it and accept the funds. Mayor Suarez: Without entering into the contract with this particular agency, maybe we can deal directly with the senior residents. They have an association, they're responsible. Mr. Shabareck: We've been doing most of the work now, as volunteers. Mayor Suarez: I don't doubt it. I don't doubt it. Mr. Dawkins: OK, like J.L. said, let's accept the money and then Chief Jordan can work it out. Mr. Shabareck: And we've been inspecting our own. Mayor Suarez: And you're inco:•porated. Mr. Shabareck: Yes. Mayor Suarez: You've got a charter and everything else. Mr. Jordan: I think we need to clear this up. The gentleman said you've been inspecting your own. Maybe you have this program mixed up with something... Mr. Shabareck: I say our best inspectors are our own residents. If a resident got a problem, he should bring the pro... I got a broken leg. Take it right downstairs in our building and fix it. Mayor Suarez: Well, it's like saying that the best law enforcement people are the residents of the city. Mr. Dawkins: This is more than that... Mayor Suarez: Right. Mr. Dawkins: ... these people inspect for fire safety, for mechanical safety, for - the gasoline leaks that they had... Mayor Suarez: They're trained and so on. Mr. Dawkins: ... in the housing projects. These are the kind of things they look for in the seniors and perhaps that's why we don't have them. Mayor Suarez: And they're being paid to do this. And they're being paid. Mr. Dawkins: And they're trained - they're trained to do it. Mr. Jordan: I think the gentleman is talking about his own building. Is that what you're talking about? Mr. Shabareck: No, I'm talking about all the buildings, Robert King High, Building 800, Building 750, Riverside and that's our project, that's the one with the tenants. Mr. Dawkins: Mr. Manager, schedule this for... Mayor Suarez: OK, we have a motion to continue all except for the acceptance of the funds. And before we sign a contract with this agency, see if you can get the Tenants Association to compete for this contract. I'd love to see them be the ones that select the... Mr. Shabareck: I'll bring that message back to Mr. Vega. 59 July 9, 1987 Mayor Suarez: Very good. Mr. Shabareck: OK? Thank you. Mayor Suarez: is that the thrust of your motion, Mr. Vice -Mayor? Mr. Plummer: Fine. Mayor Suarez: Moved and - do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-655 A MOTION CONTINUING CONSIDERATION OF A PROPOSED AGREEMENT WITH (A) SENIOR COMMUNITY SERVICE PROGRAM AND (B) SENIOR CENTERS OF DADE COUNTY FOR COORDINATION OF SERVICES IN CONNECTION WITH A FIRE SAFETY AND EDUCATION PROGRAM TO A FUTURE MEETING FOR FURTHER INFORMATION. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 22. DEFER AGREEMENT WITH MARK ISRAEL FOR LOBBYIST SERVICES IN WASHINGTON Mayor Suarez: Item twenty-one. Mr. Carollo: On 21 and 22. I would like to defer this for the next Commission meeting so that I could... Mr. Dawkins: I move these items, Joe, because we've allowed this to be continued from the last time and I respect your desire to want to continue it... Mr. Carollo: They were pulled out. Mr. Dawkins: But it was continued the last time at your request. Mr. Carollo: I still haven't... Mr. Dawkins: So therefore - you do, you have that right. Mr. Carollo: I still haven't gotten all the information I want to get in this. Mr. Dawkins: All right, well, I move these items and if it moves, then it move, if not, then... Mr. Carollo: I'm asking for it to be brought back at the next Commission meeting. 60 July 9, 1987 Mr. Dawkins: And I'm moving that they not be brought back. That we act on it now. I move it. If it gets a second, good. If it don't, the hell with it. Mayor Suarez: Is this items 21 and 22? Mr. Dawkins: Yes. Mr. Carollo: Neither one of these items are such an emergency that it's going to jeopardize anything. Mr. Dawkins: No, I don't have any problem with it, I say that you want it continued and I don't so we just, you know, it's just... Mayor Suarez: We've got one motion to continue and one motion to - well, we don't need a motion, I guess, to take it up. Does we have a second on the motion to defer? Mr. Plummer: Let me ask a question quickly. When are these contracts up for renewal? Mr. Odio: They already expired. Mr. Plummer: Oh. Mrs. Kennedy: What is it? Mr. Plummer: They've already expired. Mr. Carollo: J.L., there's nothing that we're going to lose with these guys sitting up in Washington. Mr. Plummer: And they're not going to go anywhere. Mr. Dawkins: There's nothing we're going to gain by not paying them. Mr. Carollo: The only thing that's going on in Washington right now is 011ie North and the other... Mr. Dawkins: And the Reagan administration. Mayor Suarez: Well, one of them, Mr. Lukis was here yesterday and I know the Manager... Mr. Dawkins: Mr. Mayor, let's find out whether we got a second on either one of these motions. Mayor Suarez: Well, so far we don't have a second on deferral so we may as •+ell take up the item. Mr. Dawkins: No we ---- Mr. Carollo: There's no motion on deferral, I just said to bring it up at the next meeting. Mr. Dawkins: And I... Mayor Suarez: That's a motion to deferral, Commissioner. Mr. Carollo: I just said for the Manager to withdraw it from... Mr. Plummer: Well the motion on the floor without a second is to approve them. Mayor Suarez: There's a motion to approve? Mr. Plummer: That's - Miller Dawkins made it. Mr. Dawkins: Yes, I made the motion. Mayor Suarez: I second the motion. Mr. Plummer: There's a motion made to approve items 21 and 22. 61 July 9, 1987 i Mr. Carollo: No, you - they are separate items so you got to take one... Mr. Plummer: All right, well, OK, 21 first. Mayor Suarez: Let me just say something about Mr. Lukis that might respond to that... Mr. Plummer: Well, wait a minute, that's 22. Mayor Suarez: OK. Mr. Plummer: We're on 21 first. Mr. Carollo: We're on 21 which is Mark Israel. Mayor Suarez: Well, on Mr. Israel, I can tell you that he's been extremely helpful in all the lobbying efforts in Washington, D.C. on many, many issues. Mr. Odio: I think I can explain it - I finally - in meeting with them in Washington last - Mark identifies for us what grants we should be applying for and Lukis is the man that helps us get the money after we know what grant to go after and we're going to establish a system this year that we are going after every single grant that is out there. Mr. Carollo: The problem is you got two different people, not one. Mr. Odio: They do different work, Commissioner, I just wanted... Mr. Carollo: When you got two different people, it needs to be clarified to me what exactly is it that each of them are doing and why we need two instead of using one. Mr. Odio: OK, that's what I explain, Israel is... Mr. Carollo: And Mr. Lukis was kind enough to come, he met with me yesterday, but I still have not spoken to and gotten some information that I need from Mr. Israel before I could vote upon this. Mr. Odio: Israel is the one that identifies for us all the legislation that is active up there. Mr. Carollo: Mr. Odio. Mr. Dawkins: He has to tell you. He has to explain that to you. That's what you're - that's all you're saying. Mr. Carollo: No, I, I... Mr. Odio: But if you want to, I'll have Mr. Israel come and meet with you when you wish. Mr. Carollo: Well, that's what I would like for Mr. Israel to come so that I can see what he look like. Mayor Suarez: Do you want to move to defer 21, Commissioner? Mr. Plummer: That's what he... Mr. Carollo: I asked to defer both of them. So, if I could make a substitute motion to defer 21, I'll make it. Mr. Plummer: There's a substitute motion to defer. Mr. Dawkins: Defer 21. Mr. Carollo: Yes. Mr. Plummer: Yes. Mr. Dawkins: All right, since the Mr. Israel did not come in to see Mr. Carollo and I think that he has a right to talk with him, I'll second the motion to defer. 62 July 9, 1987 Mayor Suarez: go moved and seconded on 21. And I agree, he should come and make a presentation and explain what he's doing. Call the roll. Mr. Carollo: Hey, I'm not even asking for me to get a tour of Washington, D.C. or anything else. I just want to find out what the heck this guy's doing in Washington. Mr. Dawkins: Well, I'll recommend to him that he take you back with him and give your the tour. No problem. Mr. Carollo: No, no, no, no, I don't want that, Miller. I don't want that. I pass that on to my colleagues. Now, if he could get me a front seat to see the 011ie North program, that's different. I might take him up on that. Mr. Dawkins: I can do that. I can do that. Mr. Plummer: Yes, I got one in my office if I could get the hell out of here. Mayor Suarez: Moved and seconded. Any discussion on 21; deferral? Call the roll. THEREUPON, the City Commission on motion duly made by Commissioner Carollo and seconded by Commissioner Dawkins, deferred consideration of the above matter by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Twenty-one has just been shredded. 23. DEFER AGREEMENT WITH SYLVESTER LUKIS FOR LOBBYIST SERVICES IN WASHINGTON Mayor Suarez: Item 22. Mr. Vice -Mayor, you're chairing because I seconded. Mr. Dawkins: I moved... Mr. Carollo: I move that we defer item 22 until I meet with Mr. what's his name, Israel again? Mr. Plummer: No. Lukis is 22. Mrs. Kennedy: Lukis. Mr. Dawkins: I'd like to offer a substitute motion that... Mr. Carollo: Miller, let me explain this to you, what I'm trying to do is to see if we need both them because we just might be able to get by with Lukis. Mr. Dawkins: No Joe, I mean I hear you, but I know differently in that Mark Israel is a different animal altogether from Lukis. Mr. Plummer: Animal? Mr. Dawkins: Mark Israel is a - what organization is he with? Mr. Plummer: Mark Israel is with the U. S. Conference of Mayors. Mr. Dawkins: All right, he's with the U. S. Conference of Mayors. Joe, all he does is sit down and cull through the information, then he sends these info 63 July 9, 1987 letters to us as what's available. Now, he doesn't chase anything, he doesn't go after anything and then we, in turn, look through whatever he sends us and then we have Lukis to go on the hill to try to round up the, you know, the support through both of the Congress... Mayor Suarez: Let me just correct on Mark Israel that he's not with the U. S. Conference of Mayors. He's in the same building as they are but he's with the National Center for Municipal Development, Inc., which for $50#000 a year from every participating city, does all of the lobbying that he is available to do as... Mr. Carollo: Shoot, Miller. Mayor Suarez: ... Commissioner Dawkins has indicated, he helps to identify all of the legislation and keep us up-to-date on anything that's happening. He's been extremely useful. Mr. Dawkins: I'll yield to Joe. Mr. Carollo: Miller, you made my point. If you, that have dealt with him so much, aren't even sure who he works for, how can I, that I haven't met the guy, know what the heck he's doing up there? Mayor Suarez: No, no, no, no. He was talking about Syl Lukis. Mr. Plummer: No, no. I made the statement. Mayor Suarez: No, Mr. Vice -Mayor Plummer was the one that made the... anyhow, on Syl Lukis, item 22, we have a motion to defer hasn't... Mr. Carollo: Just for defer; just for the next meeting. Mayor Suarez: It hasn't been seconded. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on the motion to defer that. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-656 - A MOTION DEFERRING CONSIDERATION OF PROPOSED EXECUTION OF AGREEMENT WITH SYLVESTER LUKIS FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES REGARDING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY TO A FUTURE DATE PENDING RECEIPT OF FURTHER INFORMATION BY THE COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: As always granted to any member of this Commission who feels that he cannot make an intelligent vote without sufficient information, I vote yes. Mr. Dawkins: Sometimes, unless it's Miller Dawkins. Mr. Carollo: No, no. 64 July 9, 1987 0 4 Mrs. Kennedy: For the same reason, I vote yes. Mr. Dawkins: OK, all right. I vote yes and there have been times when I have asked that items be deferred and they have not and I want the records to reflect that not all times when a member of this Commission requests that something be deferred, that it's deferred. Mr. Plummer: Let the record also reflect that this Commissioner has never voted against you or anyone also in my seventeen years. Mr. Dawkins: A majority up here rules. Mr. Plummer: Ah, OK. Mr. Carollo: Nor this one. Mr. Dawkins: A majority rules. Mr. Carollo: Nor this one, Miller. Mr. Dawkins: Majority up here rules. Mr. Carollo: And I'd like to put on the record that at any time that this Commissioner or any other Commissioner, but in particular this Commissioner, needs to defer an item, he will have my vote to defer it. Mayor Suarez: No, I vote no. I think Mr. Lukis was around here yesterday, spent a lot of time and would have been available for any Commissioner who wanted to speak to him. Mr. Plummer: I didn't see him. 24. APPROVE REVISED GUIDELINES FOR HOUSING REHABILITATION LOAN PROGRAM Mayor Suarez: Item 23. Mr. Plummer: Mr. Mayor, before, before... Mr. Carollo: Item 22 has also been shredded. Mr. Dawkins: Twenty-three, I... Mayor Suarez: Item 23. Mr. Plummer: Twenty-three? Mr. Odio: Twenty-three - no, yes. Mr. Plummer: Who pulled 23? Mr. Dawkins: Explain to me... Mayor Suarez: Commissioner Dawkins asked twenty-three to be... Mr. Dawkins: Explain to me what it is. That's all I need. Mr. Jerry Gereaux: Commissioner, I'm sorry. OK. We started this multifamily rehabilitation financing program for the inner city back in 1982. Since that time we - through this funding source we provided rehab financing for about 900 units of very substandard housing in the inner city; Overtown, East Little Havana, the Liberty City area and other areas. This is - whenever we change the guidelines to make them, I guess, better able to deal with the problem of rehabilitation, we are required to bring them before the Commission. Basically, what we're doing here with these revisions is we are allowing single room occupancy units to be eligible for our rehabilitation financing. It's an area that we haven't gotten into before but there is a need out there. We are shortening our loan repayment terms from what used to be twenty years to fifteen years. We are requiring a much firmer management plan than we have 65 July 9, 1987 in the past. There are several others 1 can go through but in essence we're dealing with a fixed amount of money and we want to get the most rehab we can out of that money. Mr. Dawkins: OK. Move 23. Mr. Plummer: Twenty-five years ago that was a reality. Mayor Suarez: Item 23 has been moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roil. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-657 A RESOLUTION APPROVING REVISED PROGRAM GUIDELINES, ATTACHED HERETO AND INCORPORATED BY REFERENCE, FOR THE MULTIFAMILY HOUSING REHABILITATION LOAN PROGRAM FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PROGRAM IN ACCORDANCE HEREWITH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 25. URGE CHIEF OF POLICE TO GO AFTER NUISANCE BARS Mr. Plummer: Mr. Mayor, before the Chief runs off and we break for lunch. Mayor Suarez: Yes. Mr. Plummer: Madam City Attorney, this Commission some years ago passed a resolution in which we could bring before this Commission bars, lounges that are creating undue necessary problems, I think it was called, there was a word for it - nuisance. Now, there is one particular bar and I'm not going to mention it on the public record. What is necessary to have the Police Department bring to you to where this Commission can have a public hearing in which this Commission has the authority to withdraw the license of these bars _ that are continuously violating or allow the law to be violated. What is necessary to be done? Is it five complaints? Is it thirty-three shootings? Is it ten cocaine arrests? What is it necessary because I know one bar, regardless of what the basic minimum requirement is, far exceeds it. Now, I'm not speaking to a single bar. I'm speaking to the process. We need to get some of these people before us to back up the Police Department that these places are nothing but damn hangouts and nuisances to the community and if we have the authority to close them, let's do it. Or fine them, or put them down or put them out of business. How do we go about that? Mrs. Dougherty: There are two methods, really. To take away the Occupational Licenses is what you're talking about and it's the hearing before the City Manager and not the City Commission. And the Police Department would have to bring no set amount but a sufficient amount of evidence whether it's 66 July 9, 1987 convictions, whether it's drug convictions in the bar, whether it's reported slayings, whatever it is, that kind of evidence is to be brought to the City Attorney's office, we'll prosecute it before the City Manager. if he finds there is sufficient enough evidence then he would revoke the Occupational License. Mr. Plummer: Why isn't it being done? These bars are just - they're... Mrs. Dougherty: And another legislation, the new legislation that we initiated, the City Attorney's office then, was passed this last legislative session, gives the City Attorney's office the right to prosecute nuisance actions. Before it was only the State Attorney. In Circuit Court, but it's drug related public nuisances where you have your crack houses and your apartments buildings that are being used for drug paraphernalia and drug sales. Those are the kinds of things that we can specifically bring before as a public nuisance. Mr. Plummer: So what you're... all right, what you're saying is then... Mrs. Dougherty: For enjoying the... Mr. Plummer: ... is the Police Department needs to bring that attention to you. Mrs. Dougherty: Yes. Mr. Plummer: OK. Mrs. Dougherty: The cases have to be made just like you were going to prosecute... Mr. Plummer: Chief, do you hear what she's saying? Mrs. Dougherty: ... any criminal action. Mr. Plummer: I would like to see a list of the first thirty you're going to do. Because you'll have no problem with thirty. And I want to tell you something. I hope they appeal to this Commission. I think we need to get in there. I think we can eliminate a lot of the problems if we can put some of these damn bars about the business of complying with the law which they're not doing now. So, Chief, I'm expecting you to bring those cases to the attention of the City Attorney and I'd like to see a running ongoing ledger of how many cases they bring and let's go about it. Let's do it. Chief Clarence Dickson: OK, Commissioner Plummer. With the backing of the Commission, I will proceed with everything that we have to... Mr. Plummer: Mr. Mayor, I move at this time that this City Commission give it's full faith and backing to the Police Chief to go after those dens of iniquity that are creating nothing but problems to bring them before a proper hearing under the law as proposed and let's bring these places into compliance or put them out of business. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. 67 July 9, 1987 The following motion Was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-658 A MOTION OF THE CITY COMMISSION GIVING ITS FULL SUPPORT AND BACKING TO THE CHIEF OF POLICE, FURTHER URGING THAT HE PROCEED TO GO AFTER NUISANCE BARS LOCATED WITHIN CITY LIMITS INASMUCH AS THEY REPRESENT NOTHING BUT TROUBLE TO THE COMMUNITY; FURTHER REQUESTING THAT THE CHIEF OF POLICE FORCE SAID COMMERCIAL ESTABLISHMENTS INTO FULL COMPLIANCE WITH THE LAW, AND FURTHER STATING THAT THE APPROPRIATE HEARING BE HELD BEFORE THE CITY MANAGER AND ALL OF THE STEPS AND PROCEDURES BE IMPLEMENTED WITH A VIEW TOWARD ULTIMATELY PULLING THE OCCUPATIONAL LICENSE OF SAID NUISANCE ESTABLISHMENTS AFTER THE CITY ATTORNEY'S POSITIVE FINDING THAT SAID ACTION IS LEGALLY WARRANTED. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Chief Dickson: Thank you very much. Mayor Suarez: Thank you, Chief. Mr. Plummer: We expect some action. 26. EMERGENCY ORDINANCE: FIX CERTAIN DETAILS CONCERNING ISSUANCE OF GENERAL OBLIGATIONS BONDS, AUTHORIZING SALE OF SAME, DIRECTING PUBLICATION OF NOTICE OF SALE, APPROVING PRELIMINARY OFFICIAL STATEMENT, AUTHORIZE DISTRIBUTION AND USE OF BOND INSURANCE Mayor Suarez: Item thirty. Mr. Odio: This is setting certain terms and conditions approving preliminary official statement of bid form and orders of sale in conjunction with competitive sale of ten million CDGO bonds. We're going to put these bonds for sale on Thursday, July 23rd, 187, at 11:00 a.m. , and we necessitate the passage of this ordinance on an emergency basis. Mr. Plummer: Mr. Manager, the only question I have... oh, I'll move the item, and then I'll... Mrs. Kennedy: Second. Mr. Plummer: Under discussion. Mr. Manager, in a previous bond issue of the Police Department, there was money set aside for what I consider to be a very important piece of police work. And that was the AVL, the automatic vehicle locator. The money was not spent at the time because there was not a system perfected. Now, I am told today... Mr. Odio: There was also a helicopter in there too. Mr. Plummer: Well, there was a lot of things in there that was Mickey Mouse. But an AVL, I think is a very, very good piece of equipment. You better leave it alone. I think that we need to address two things that possibly in the next bond issue, if not money available. One, I would like to see that the monies be allocated for an AVL system. And there is no question in my mind that the worth that has been paid many times over by the computer that does 68 July 9, 1987 the automatic finger print reading machine. Ours today was one of the pilot models. They far exceed today in the state of the art. If you would come back to this Commission giving us an approximated cost. 1 feel these are two pieces of equipment that are very, very necessary for the department to be in the proper perspective of going about the business of enforcing the law. Mr. Odio: Yes, air. Mr. Plummer: I have been invited, Mr. Manager, to look at one of the systems that is now working. Mr. Odio: Where is it at? Mr. Plummer: There's one up here in Coconut Creek which is a pilot model and there is a bigger one in Illinois, I believe. UNIDENTIFIED SPEAKER: An AVL? Mr. Odio: OK, AVL, do you want to... OK. Mr. Plummer: Yes. And I would ask that a report come back, whether we have the monies to purchase these things or whether it's got to be through a bond. INAUDIBLE RESPONSE. Mr. Plummer: Well, the monies were there for the AVL. INAUDIBLE RESPONSE. Mr. Plummer: No, the helicopter went out the window. Mayor Suarez: These bonds were approved by voters when? Mr. Plummer: Garmire was Chief. Yes, 172 or 173. Mayor Suarez: OK, do we have a motion? Mr. Plummer: I move, Mr. Mayor. Mayor Suarez: Do we have a second? Can we get a second on item thirty? Mrs. Kennedy: Yes, second. Mr. Plummer: Ron Williams. Mayor Suarez: OK, read the ordinance. Call the roll. 69 July 9, 1987 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FIXING CERTAIN DETAILS CONCERNING THE ISSUANCE OF THE CITY'S $5,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS, $1,500,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS, $1,000,000 STORM SEWER IMPROVEMENT BONDS AND $2,500,000 SANITARY SEWER SYSTEM BONDS; RATIFYING THAT SUCH BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY; AMENDING ORDINANCE NO. 9128 AND ORDINANCE NO. 9129; DIRECTING AND AUTHORIZING SALE OF THE BONDS BY PUBLIC BID AND DIRECTING PUBLICATION OF THE NOTICE OF SALE OF SAID BONDS AND ESTABLISHING THE DATE AND TIME FOR SUCH SALE; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND AUTHORIZING THE DISTRIBUTION THEREOF TO PROSPECTIVE PURCHASERS; CONFORMING THE TERMS OF CERTAIN OTHER ORDINANCES AND RESOLUTIONS, INCLUDING SPECIFICALLY RESOLUTION NO. 84- 628, TO THE TERMS HEREOF; AUTHORIZING ACTIONS AND EXECUTION OF DOCUMENTS BY OFFICIALS OF THE CITY; APPROVING THE USE OF BOND INSURANCE IF REQUESTED BY THE PURCHASER OR DETERMINED BY THE ISSUER TO BE DESIRABLE; DECLARING AN EMERGENCY TO EXIST; PROVIDING AN EFFECTIVE DATE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH. Was introduced by Commissioner Plummer and Kennedy, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10291. 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. 70 July 9, 1987 27. WAIVE SEALED BIDS AND APPROVE PURCHASE OF 25 S.T.X. PORTABLE RADIOS FROM MOTOROLA COMMUNICATION AND ELECTRONICS, INC. Mayor Suarez: item thirty. Mr. Plummer: Mr. Mayor, could we take item 64 which was a public hearing at 11:00 a.m.? Mayor Suarez: Item 64? Mr. Plummer: Yes, that's in re... Mayor Suarez: Yes, yes. Mr. Plummer: Waiving the requirement for sealed bids on a single source. Mr. Mayor, this is the thing that the Commission sent me out to negotiate with Motorola for the purchase of 25 additional radios at $70,000. They are going to take every radio back from the Fire Department and put a digital display which in effect, Mr. Mayor, is a savings to this City of about $1,500,000. Mayor Suarez: OK. Mr. Plummer: I would move, if no one wishes to testify on item 64, I would move it at this time and send a letter to the Fire Department and to Motorola thanking them both for being agreeable. I so move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Mr. Carollo: Second. Mayor Suarez: Any discussion? Call the roll on 64. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-659 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF 25 S.T.X. PORTABLE RADIOS AND THE MODIFICATION OF 172 EXISTING RADIOS TO BE USED WITH THE CITY'S 800 MHZ TRUNKED SYSTEM FROM THE MOTOROLA COMMUNICATION & ELECTRONICS, INC. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT AN ESTIMATED COST OF $70,000.00 ALLOCATING FUNDS THEREFOR FROM THE FIRE BONDS COMPUTER AIDED DISPATCH ACCOUNT CODE #313212- 289401; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 71 July 9, 1987 [i AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 28. SECOND READING ORDINANCE: INCREASE APPROPRIATIONS FOR "BAKERY ARTS COMPLEX" (BAKEHOUSE ART COMPLEX IS CORRECT NAME) Mayor Suarez: Miss Atlas, I know you've got some kind of an emergency. You want us to hear item 40 on the Bakehouse Art Complex stated here as being the Bakery Arts Complex. Mrs. Kennedy: Yes, I was going to say, you know, it's not Bakery, it's Bakehouse. Mayor Suarez: All right. Which ever. Miss Atlas: It is the Bakehouse Art Complex. You've carried it along as Bakery Arts Complex, but that's all right with us as long as it goes through and we can get started. Mayor Suarez: Yes, and give us your name and address, Faith. Mr. Odio: Second reading, I don't know... Miss Atlas: My name is - second reading... Mr. Plummer: It's the second reading. Are you objecting? Miss Atlas: Not at all. Mr. Plummer: I move item 40 on second reading. Mayor Suarez: Moved and seconded on second reading. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION TO THE CAPITAL IMPROVEMENT PROJECT NO. 322047, ENTITLED: "BAKERY ARTS* COMPLEX", BY $54, 000 IN THE FORM OF A LOAN, TO BE UNAMORTIZED AND NON -CUMULATIVE AS TO INTEREST AND PRINCIPAL AND SUBORDINATE ONLY TO EXISTING AMORTIZED FIRST AND SECOND MORTGAGE; TERMS TO RUN CONCURRENT WITH THE EXISTING FIRST MORTGAGE; TERMS TO BE RENEGOTIATED SUBJECT TO ANY NEW FIRST MORTGAGE REFINANCING; SUBJECT TO REVIEW AT FIVE-YEAR INTERVALS FROM THE DATE OF THIS APPROVAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. * - The City Clerk's Office has been informed that the correct name of the subject project is "The Bakehouse Art Complex". Passed on its first reading by title at the meeting of June 11,1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 72 July 9, 1987 7 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10292. 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. E COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I'm voting yes but this is the last time I'll vote for any money for the Bakery ------------ Mr. Carollo: Mr. Manager, are you recommending this? Mr. Odio: Yes, sir. Bake Center, we've already - the money was given to them. This is only ratifying. Mr. Carollo: The second, yes, OK. Yes. 29. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "POLICE DEPARTMENT EQUIPMENT ACQUISITION - 087" AND APPROPRIATE FUNDS FOR SAME; AUTHORIZE VETERAN OFFICERS TO KEEP THEIR WEAPONS UPON RETIREMENT Mayor Suarez: Item thirty-one. Mr. Plummer: I will move item 31 with a caveat. Mrs. Kennedy: I'll second. Mr. Plummer: Thirty-one. Mr. Manager, it has come to my attention this, of course, is buying new weapons that is the state of the art in weapons. Mr. Manager, it has come to my attention that when a policeman retires and they want to in fact delegate that weapon which he has carried all of his tenure of service, he has to pay for it. I think that's ridiculous. I think if a policeman served for a period of more than ten years and he retires, give him the damn thing. OK? Mr. Odio: Especially this... Mr. Plummer: You know, I just - what are we going to do with a ten year old gun? I move that any - in buying these new weapons that Sergeant Love in particular because that's how it came to my atten... not Webb, we don't want to give him anything. Mr. Dawkins: Not even his retirement. Mr. Plummer: That they got to buy the weapon for $261.00, I think, is ridiculous. I move it with the caveat that says that, any policeman who retires honorably after ten years, that his weapon be given to him as memento of his service. I so move. Mr. Dawkins: Second. Mrs. Kennedy: Does this mean that you get a replacement too? Mr. Plummer: No, he's retiring. Mrs. Kennedy: No, you. 73 July 9, 1987 Mr. Plummer: Do I get a replacement? I've been here seventeen years and they haven't given me the first one. Mr. Odio: if he retires, I'll give him ten guns. Mr. Dawkins (Off mike): Under discussion, under discussion. What is "other equipment"? Mr. Carollo: you mean, in seventeen years, they haven't even given you one little pea shooter? Mr. Plummer: No, sir. Mr. Carollo: Well. Mr. Plummer: No, sir. Mr. Carollo: I'll say this for the record no matter what anybody wants to say about it. Mr. Plummer: Give Plummer a pea shooter. Mr. Carollo: No, no, no, no - we're being fiscally conservative, we're not spending any more money. But once they find the gun that was stolen from the Mayor that the City gave him, we'll assign that one to you. Mr. Plummer: I can have it. OK, all right. It might interest you to know, Joe, that the weapons that are being purchased are the new Glock. They are the state of the art. They are a fine weapon. Mr. Manager wanted to know, did I have one and I will tell you yes. I do have one... Mr. Carollo: How many rounds do they shoot? Mr. Plummer: ... and it is... Mr. Carollo: How many rounds? Mr. Plummer: Seventeen. Mr. Odio: Let me tell you something, Commissioner... Mr. Carollo: How many rounds? Mr. Odio: Eighteen. Mr. Plummer: Seventeen. Mr. Carollo: Eighteen. Well, let me say this to you, they're an excellent weapon. There's another one that's a 9 millimeter, that's the Austrian Steyr. Fine weapon, it shoots twenty-one. Mr. Odio: But the one about this one, Commissioner, that's really amazing, is that it has no hammer, no safety. It is an amazing gun and I think the Police Department is going to be well armed now. Mr. Plummer: For the record so that no one will question in the future, did I have one. Mine is serial number 0003. Mr. Carollo: Well, at least you didn't get an X in there. Mr. Odio: What happens... Mr. Plummer: I had the opportunity to buy two, but since my group number was three, I bought three. Mr. Carollo: Talking about X's, X did you get one yet? Mr. Dawkins (Off mike): No, no. What is "other equipment", Chief? Mr. Carollo: Huh? 74 July 9, 1987 E Mr. Dawkins: In this - in this... Mr. Odlo: These are the automatics - semiautomatic pistols, Commissioner. The Clock. Chief Clarence Dickson: Yes, yes. Mr. Carollo: Since X never wanted to visit Virrick Gym with me, maybe he'll go to the police range with me and we could have a little contest. Mayor Suarez: Call the roll on item 31. Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, AS AMENDED, ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPARTMENT EQUIPMENT ACQUISITION- 187" AND APPROPRIATING r M S IN THE AMOUNT OF $374,000 FROM THE 1970 POLICE GENERAL OBLIGATION BONDS - INTEREST, FOR THE PURPOSE OF REPLACING EXISTING POLICE ISSUE WEAPONS AND OTHER EQUIPMENT. Was introduced by Commissioner Plummer and Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10293. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Carollo: Well, whoa, I haven't voted on it yet. I think I'd vote for it but only maybe if the maker of the motion would add too that all new special police officers that get a gun, for the first year they get that little chain clip on so they won't lose them or have them stolen. Mr. Dawkins: We got a ground breaking, I move we adjourn. Mr. Carollo: I vote yes. FOLLOWING COMMENTS MADE AFTER ROLL CALL COMPLETED: 75 July 9, 1987 Mr. Ken Nelson: Mr. Mayor, just real quick on behalf of the police officers, I'd like to thank the Mayor, the Commissioners, the Manager and the Chief for having the understanding and concern for our safety out there in updating our equipment. Thank you. Mayor Suarez: OK, Ken, thank you for your presentation. Chief Dickson: I Mould like to get that on record too, thank you very much. Mr. Plummer: You might like to know who brought it to the Chief's attention. Me. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:02 P.M. AND RECONVENED AT 2:33 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONERS JOE CAROLLO AND MILLER J. DAWKINS. 30. DISCUSSION REGARDING I.B.M. CANCELLING THEIR CONVENTION IN THE CITY OF MIAMI; REQUEST CITY ATTORNEY AND CITY MANAGER TO STUDY POSSIBLE EXCLUSION (BOYCOTT) OF I.B.M. PRODUCTS Mr. Plummer: Mr. Mayor, I'd like to broach a subject. Over the lunch time it was brought to my attention that through no action of this City Commission, but to the detriment of this City, a major corporation in the United States is cancelled a convention in this City due to the actions of the legislature. I feel that that is absolutely wrong and I would ask the City Attorney and the City Manager to come back at the next meeting and tell us, a corporation such as I.B.M. who has cancelled their meeting because of the 5 percent sales tax - that's what they said. INAUDIBLE RESPONSE. Mr. Plummer: They've not done it yet. That if they do that, is it within our purview in the future to not, in fact, buy any I.B.M. products? And I would ask if that is legal through our bidding procedure. We did not, we this Commission, never spoke to the issue to my knowledge as a body. And it's through no fault of ours that this consideration is being made at this time. And I'm only asking the question based on knowing the bidding procedures that you have to open them to all. Mr. Dawkins: Why do you have to open them to all? You can exclude anybody you want. Mr. Plummer: Well, that's the competitive bidding procedure as I know it and I'm asking can, in fact, that be circumvented. In fact, I.B.M. doesn't want to do business with this City, we have nothing to do, it was a state action. So I would ask at the next meeting, Madam City Attorney and Mr. Manager, that regardless of their consideration, whether they do or they don't, speaking to the general situation that if they do, in fact, cancel conventions in this community, do we have the right to cancel them? Mr. Dawkins: And also tell me, Madam City Attorney, if when you draw the specs, if it isn't legal to draw the specs to say that this includes everything but some I.B.M. equipment which we won't want. Mr. Plummer: Well, you know, if it's legal, I would have no problem urging the State of Florida to do likewise. Now, they are the ones that passed this thing. Mr. Dawkins: Well, that's your governor. I don't care about him. I'm worried about Miami. Mr. Plummer: It's not my governor. No, no, he don't even look like a donkey. He might be a Jack ass, but he ain't a donkey, registered. Now, I'm telling you that, you know, my mother always taught me you fight fire with fire. OK, and if they want to cut the revenue of this community, I think we've got to do i business with people who do business with us. i 76 July 9, 1987 i Mr. Dawkins: I agree, J.L. All of us agree. Mr. Plummer: So I'm just asking at the next meeting, Madam City Attorney and j Manager, you come back and let us know what our prerogatives are. Thank you. Mayor Suarez: So instructed. NOTE FOR THE RECORD: Commissioners Carollo and Dawkins entered the meeting at 2:35 p.m. 31. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT" AND APPROPRIATING FUNDS FOR SAID PROJECT; INCREASE APPROPRIATIONS FOR "CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS" Mayor Suarez: Item 32. Mr. Odio: This is establishing a project Overtown/Park West sanitary sewer replacement and appropriating $900,000; $400,000 from the WASA reimbursement funds and $400,000 from sanitary sewer GO's bonds and $100.000 from the FEC reimbursement funds for this operation. Mr. Plummer: So moved. Mrs. Kennedy: We're not creating any new projects, right? Mr. Odio: No. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. When were these bonds initially approved? Seventy-two also, or 182 also rather? Mr. Odio: Seventy-five, 176, sanitary sewer GO bonds. Mayor Suarez: OK, any discussion? Read the ordinance. Mr. Plummer: Read the ordinance - 32. THEREUPON, the City Attorney read the emergency into the public record. Mr. Plummer: Justify the emergency. Mrs. Kennedy: In order to have appropriations in place. Mr. Plummer: Justify the emergency. Mrs. Dougherty: It's necessary that the award of the contract can be scheduled for the July 23rd meeting. A contract for sanitary sewer replacement must be made prior to award of a contract for highway improvements which is presently scheduled for September, 187. Mr. Plummer: Thank you. Mayor Suarez: Call the roll. 77 July 9, 1987 r 4 i AN ORDINANCE ENTITLED- t AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED "OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT" AND APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $900,000; BY INCREASING THE APPROPRIATIONS FOR ONE PROJECT ENTITLED "CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS" IN THE AMOUNT OF $30,000; BY REASSIGNING THE SOURCE OF FUNDS ON TWO PROJECTS ENTITLED "SOUTH FLAGLER SANITARY SEWER IMPROVEMENT" AND "NORTH FLAGLER SANITARY SEWER IMPROVEMENT" FROM 1980 SANITARY SEWER GENERAL OBLIGATION BONDS TO 1975 AND 1976 GENERAL OBLIGATION BONDS IN THE AMOUNTS OF $2,985,000 AND $1,715,000 RESPECTIVELY; AND CONTAINING A REPEALER PROVISION AND A SEVE RABILITY CLAUSE. Was introduced by Commissioner Plummer and Kennedy, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10294. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Items 11, 18, 34, 47 and 65 were withdrawn. 32. EMERGENCY ORDINANCE: RECLASSIFY AND INCREASE APPROPRIATIONS FOR "DINNER KEY MARINA RENOVATION/EXPANSION- Mayor Suarez: Item 33. Mr. Odio: This is an amendment to the C.I.P. ordinance, Dinner Key Marina renovation/expansion project, reclassifying appropriations in the amount of 2.4 million dollars from Dinner Key Marina retained earnings and $12,000.000 from marina revenue bond funds for a total net increase in the amount of 7.2 mills and a total appropriation for the projects in the amount of 14.4 mills. Mr. Plummer: Not 7.2 mills. 78 July 9, 1987 0 Mrs. Dougherty: Millions. Mr. Odio: Millions, I'm sorry, millions. I've been talking mills the whole... Mrs. Kennedy: Freudian slip. Mayor Suarez: Talking mills for too long. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mr. Odio: This amendment is needed... Mayor Suarez: Moved and seconded. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I don't see anything here for working on "service type activities, such as showers and other... Mr. Odio: The new showers, Commissioner, were finished in the dockmaster's office. What we're going here is the pier construction improvements to the commercial docks, adjacent sea walls, landing areas, construction of a bait walk and many pieces of landscaping and other improvements in the overall area. The new showers were finished, I believe, and they're open now. They're open now. Mr. Dawkins: You are talking in terms of adding slips in order to encourage more people and yet, the bathroom facilities and etc. that we now have are not adequate and all I am saying is, how are we going to... I mean, somewhere along the line, either with your next bid, or what, we need to think in terms of providing more of those facilities. That's all I am saying. Mr. Odio: Yes, sir. We will look into it. Mr. Dawkins: OK, thank you. Mr. Plummer: What are you actually... you are increasing the number from what to what? Mr. Odio: We are going to 538 slips. Mr. Eads: It is a I will have to get the exact... say that again? Mr. Cather: (OFF MIKE) 164. Mr. Odio: 164 new slips. Mr. Plummer: And how many slips will that give us total? Mr. Cather: (OFF MIKE) A little over 500. Mr. Plummer: So, divide 500 into fourteen million. Mr. Odio: It is a total of 540. Mr. Plummer: Who has got a calculator? Mr. Odio: What do you need to know? Mr. Plummer: 540 into fourteen million. Mr. Odio: That marina, just for your information, you know is providing a net profit of close to $1,000,000 a year. Mr. Plummer: That is not the point. I am trying to figure out what we are actually paying per slip. 79 July 9, 1987 I Mr. Odio: Oh, per slip, OK, well... Mr. Plummer: Divide 540 into $14,000,000. Mr. Odio: it is about $2,000 some dollars. Mr. Plummer: It can't be. Not $14,000,0001 Mr. Odio: Well, $2,000. Mr. Cather: (OFF MIKE) ... construction costs $9,000,000 divided by $5,000. Mr. Plummer: You go ahead. I'll figure it out. Mr. Dawkins: You got your own computer, J.L.? Mr. Plummer: It is better than theirs. Mr. Dawkins: Call the roll, Mr. Mayor. Mayor Suarez: OK, did you read the ordinance? Mrs. Dougherty: No. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Mr. Plummer: Wait a minute. Justify the emergency. Mr. Odio: This is needed so as to have appropriations in place for the completion of Phase I and for the start of Phase II of the Dinner Key Marina renovation expansion program. It could not wait until the first meeting of September. Mayor Suarez: Call the roll. Mr. Plummer: Mr. Mayor, excuse me. Are my figures all wrong, or are we paying approximately $26,000 a slip? Housing doesn't cost us but forty-eight. Mr. Cather: The construction cost, the estimated construction cost of the marina itself, is right at $7,500,000. That's about $18,000 a slip. The $15,000,000 you are talking about includes all the financing charges, the bond sales and everything else. The actual total construction cost of the marina, as it stands now, is estimated to be $9,000,000. Mr. Plummer: It is $15,000,000 any way you cut it for 540 slips. Any way you cut it, it is still the same. Now... Mr. Cather: If we spend all the $15,000,000. Mr. Plummer: Well then, let's don't appropriate it then. The question I am really asking, I saw in the paper this morning that it will be the first marina, is that correct, the first marina that will have sanitary sewers running to each boat? Mr. Cather: That is correct. Mr. Plummer: I am sure that is a very expensive item. Mr. Cather: That is correct. Mr. Plummer: Is that mandated? Mr. Cather: Yes, sir. Mr. Plummer: By who? Mr. Cather: By D.E.R. and D.E.R.M., Department of Environmental Regulation and Department of Environmental Regulation Management. 80 July 9, 1987 i Mr. Plummer: The old regulation relating to holding tanks is no longer acceptable? Mr. Cather: When you have a live -aboard marina, you have to have the facilities to hook up the boat to a sanitary sewer. This system that we investigated for several years is used aboard U.S. Navy ships. f Mr. Plummer: Now much does that system in itself cost? Mr. Cather: if you will postpone, I will look it up in my book here. Mr. Plummer: I will tell you then, that is a hell of a lot of money, a hell of a lot of money! Mayor Suarez: Sounds awfully high. I've never broken it down. Per slip amount, $29,0001 Mrs. Kennedy: And here we paid $48,000 for housing. Mr. Plummer: We could be providing 540 homes! What is the average rental, Jack? Mr. Eads: $350. Mr. Plummer: $350 a month is average? Mr. Cather: The estimated cost of the vacuum sewer is $864,000. Mr. Plummer: And you are saying that that is now mandated by law? Mr. Cather: Would I spend $864,000 if I didn't have to? Mayor Suarez: What is the current number of slips now, Don? Mr. Cather: It will be right around 530. Mayor Suarez: Right now? Mr. Cather: When it's finished. Mayor Suarez: No, how many do we have right now? Mr. Cather: 380, I think. Mayor Suarez: And it has been producing at that... Mr. Cather: The difference is... the figure I remember from the top of my head is 167 increase. Mayor Suarez: And it has been producing net to the City something like j $?00,000 a year? Mr. Cather: Golby would have that figure, I don't. Mayor Suarez: That is about $2,000 per... ! Mr. Odio: It is more than that, it is close to $1,000,000, $900,000. i i Mayor Suarez: Per slip, net? Mr. Cather: No, that is total. Mr. Plummer: Excuse me, is that all the marinas, or just Dinner Key? i Mr. Cather: No, it is just Dinner Key he is talking about for $1,000,000. Mayor Suarez: So we are investing $29,000 per slip on a facility let's say, that produces net of cost. Of course, that doesn't include our personnel, I don't think. Mr. Cather: Yes, that is... 81 July 9, 1987 • f? :4 Mayor Suarez: 9 that is $2,000 per slip? Mr. Plummer: And what is the average life... Mr. Cather: You pay for it in ten years. Mr. Plummer: How are you going to pay for it in ten years if it is bringing in $1,000,000 a year and you are spending $15,000,000, how are you going to pay for it in ten years? Mr. Odio: With the addition of the 164 slips, the net profit will go up. Mr. Plummer: Oh, you mean the additional slips. Mayor Suarez: We have 330 now, we would have 550, that's... Mr. Plummer: And what is the average life span of the marina? Not Miamarina downtown, the normal. Mr. Odio: This one should be 20 years. Mr. Cather: It should be over 20 years. Mr. Odio: Not the one that we did over there. Mr. Plummer: Do we sell them as condos? Mr. Cather: I don't know how old Dinner Key is, but I think it is at least 30 years old. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, AS AMENDED, BY RECLASSIFYING AND INCREASING THE APPROPRIATIONS FOR THE PROJECT ENTITLED "DINNER KEY MARINA RENOVATION/EXPANSION" PROJECT NO. 414005 AS FOLLOWS: RECLASSIFYING APPROPRIATIONS IN THE AMOUNT OF $2,400,000 FROM DINNER KEY MARINA RETAINED EARNINGS AND IN THE AMOUNT OF $12,000,000 FROM MARINA REVENUE BOND FUNDS FOR A TOTAL NET INCREASE TO SAID PROJECT IN THE AMOUNT OF $7,200,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and Kennedy, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote- 82 July 9, 1987 i AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10295. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: ITEMS 34 and 35 WERE WITHDRAWN. 33. SECOND READING ORDINANCE; ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT "HOUSING PROGRAMS ADMINISTRATION" APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Item 36. Mr. Odio: Establishing a capital improvement project entitled Housing Programs Administration and appropriating funds in the amount of $500,000 in Interest income from the 176 housing general obligation bond for this operation. Mayor Suarez: This is for the department? Mrs. Kennedy: This is second reading. Mayor Suarez: Second reading. Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187 ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "HOUSING PROGRAMS ADMINISTRATION", PROJECT NO. 321035, AND BY APPROPRIATING FUNDS IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000) FROM 1976 HOUSING GENERAL OBLIGATION BONDS -INTEREST, FOR THE PURPOSE OF FUNDING ADMINISTRATIVE COSTS AND EXPENSES ASSOCIATED WITH THE PLANNING, IMPLEMENTATION AND ADMINISTRATION OF NEW HOUSING DEVELOPMENT AND OTHER SPECIAL HOUSING PROGRAMS ADMINISTERED BY THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY IN FURTHERANCE OF THE CITY'S HOUSING IMPROVEMENT STRATEGY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 14, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 83 July 9, 1987 0 • AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10296. 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. 34. DESIGNATE "MIAMI REVIEW" AND "DIARIO LAS AMERICAS" AS NEWSPAPERS TO PUBLISH NOTICES OF DELINQUENT TAX OR LIEN SALES (See label #36) Mayor Suarez: Item 37. Mr. Odio: To amend the Code in order to remove a conflict between the Charter and Code related to publication with in the local newspapers regarding the sale of delinquent special assessment liens. The simplified procedure provides for publication by the City of Notice of Sale of real estate for non payment of past due municipal taxes, in accord with the 1943 Special Act of Florida. Mr. Plummer: What papers are you advertising in? Mr. Odio: Well, we are trying to do only advertising in the Miami Review. Madam, are you there? Only in the Miami Review when possible, and then if we have no choice, we go to the others. Mr. Plummer: No, I am asking. I want it definite. Ms. Hirai: If it is a legal requirement and we comply with the requirement by advertising in the legal newspaper, so we advertise in the Miami Review. Mr. Plummer: Well, I would strongly suggest that you put it in the Miami Review and in at least the Dairio Las Americas, both in English and in Spanish. I don't want anybody to have the excuse that they didn't know and have the right to pay their taxes. I would move that it both put in the Miami Review and Diario Las Americas. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, in conjunction with that ordinance. Any discussion? Do we need to take that motion separately, Madam City Attorney? Call the roll on that motion. Mrs. Dougherty: We need a motion. Mr. Plummer: My motion is that it be placed in the Miami Review and the Diario Las Americas. Mr. Carollo: Second. Mrs. Kennedy: Yes, you got a second. Mayor Suarez: It has been moved and seconded. Any discussion? Call the roll. 84 July 9, 1987 The following resolution V" introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-660 A RESOLUTION DESIGNATING CERTAIN NEWSPAPERS IN WHICH TO PUBLISH REQUIRED NOTICES PURSUANT TO CITY CODE SECTION 18-37 CONCERNING THE PUBLISHING OF NOTICES OF DELINQUENT TAX OR SPECIAL ASSESSMENT LIEN SALES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. INFORMING THE PUBLISHER OF MIAMI NEWS OF ITS VIOLATION OF CITY OF MIAMI LAWS FOR ALLOWING MINORS TO SELL NEWSPAPERS IN THE MIDDLE OF THE STREET; URGING CORRECTIVE ACTION BY THE MIAMI NEWS. Mayor Suarez: Any discussion on the ordinance? Mr. Carollo: No discussion on the ordinance per se, but since this had to do with the newspapers, I'd like to bring something up now that I think is putting the City in a possible legal situation, and at least I think we should make it clear what our position is, to take out even the minimal amount of false liability to the City. Can you turn that facing all the way this way so the majority of the people can see it?... all the way towards that end there, if you can. What I'd like to do before he turns that on, is read from an article that appeared in the Miami News recently. This is a series that appeared in the Miami News. The first day the series began was on Monday, June 22, 1987, and it has got an almost full page story that begins in the front page, about three-quarters of a page, and you open it inside and it goes to two full pages that it talks about, and the title this article is given in the first of this series, it says: "A global shame, children working for pennies in dangerous jobs." And it says: "stolen childhood." And it talks about the abuse of children in all parts of the world, how they are abused and paid pennies to work in different jobs. Now, it begins with a letter from the editor -in -chief of the Cox newspapers that says, "stolen childhood" is a series of articles of how a generation of children, some as young as three have been entrapped in child labor. It makes a first comprehensive look at this acute global problem by Cuban -American journalists. It goes on and on and on and on. It says, "To get this story, reporters traveled 65,000 miles over a period of nine months, interviewing more than 200 people in eleven countries and five continents." Then, in the inside of this story, in the first story of the series, it says that child labor laws around the world, it talks about, in the different countries, what the laws are, and it has a map of the world and it points out to the different countries and their laws and says, In the United States, no limits on 16-year olds and older, Federal laws allow 14 and 15 years -olds to work outside of their school hours, except in hazardous jobs. Farm work is allowed outside of school hours and with parental consent from age 12 - Fair Labor Standards Act, 1938," and this is what the Miami News states. Now, approximately two years ago, or a little longer, this Commission re -enforced our codes to make sure that we would not have vendors selling anything in the middle of the streets, where not only would they be causing a hazard to their own selves, but to the general public driving. One of the particular group of vendors that we were concerned with, were young kids, anywhere from seven, eight years old, to twelve, thirteen and 85 July 9, 1987 fourteen, that were selling newspapers in the middle of the streets. We finally came to an agreement with The Miami Herald and The Miami News, and they agreed that that was not fair, that was illegal and it was a liability to them also, in placing these kids in the streets, or at least we thought we had an agreement with them. If you could begin showing that now, maybe turn it around a little more that way so it can be seen. These are just a few of the films the Police Department took recently of what is going on again in the City streets with these young kids. And two years ago, when these minors were taken off the streets, we gave them the opportunity of giving them City jobs, If they wanted them. (NOTE: AT THIS POINT POLICE DEPARTMENT AUDIO-VISUAL PRESENTATION IS MADE) Mr. Carollo: Can you raise that, please? That is 37th Avenue, City of Miami. Now, they are showing here, a young boy that's about eight years old, right in the middle of the street, selling newspapers, where he is going to be earning pennies in an hour, where he is putting his life at risk, just to make a few dollars in a day. Now, these are just a few minutes of the hours and hours of filming that the Miami Police Department took. You see them zigzagging in and out of traffic in some of the busiest intersections that you have, including Dixie Highway, right smack in Dixie Highway, in the main intersections of the City of Miami with Dixie Highway. You see them again in the middle of the intersection, the cars going by, 40, 30 miles an hour. That is fine, you can turn that off. Now, here is the picture of what I am talking about. This picture is acquired, thanks to The Miami Herald. It took the picture of a newspaper boy that was hit by a vehicle, while selling The Miami News in the middle of the street. It seems to me that The Miami News did not have to go through five continents and dozens of countries to find what they say in their newspaper: "Children work for pennies in a dangerous job." They can find it right in their own streets with kids that are being thrown out with a total disregard for their safety or the safety of others, to sell their newspapers for pennies. Now, Madam City Attorney, besides this being a violation of our City laws, and even more so, a violation of the agreement they made with us, that they would not do it any longer, two years ago; and from what it seems also, according to The Miami News, what they said in their own newspaper, a violation of Federal laws a lot of these kids are eight, nine, ten years old. What can the City of Miami do to enforce its laws, and make sure that the Federal government is aware of the possibility that Federal laws are being violated in as far as children working in hazardous situations that are under age? Mrs. Dougherty: There is a specific exemption for newspaper boys in the Federal law, but that is not to say that they are permitted to violate the City laws, or the County laws, at any rate, but there is an exemption to children selling newspapers. Mr. Carollo: But, the area where The Miami News in itself says that the law, let me quote from The News itself again. Mr. Plummer: Madam City Attorney, are you telling me that the Federal law... I thought there were child labor laws, I am not speaking now just to... Mrs. Dougherty: There is, but there is an exemption for newspaper boys. Mr. Plummer: Regardless of age? Mrs. Dougherty: I don't know what the age is. Mr. Carollo: And the type of work they are doing, because... but the Federal laws are referring to is just young kids, maybe going on their bicycles from door to door, which I see nothing wrong with, in a safe way. However, according to The Miami News, it says, "that Federal law allows 14 and 15-year olds to work outside of school hours except in hazardous jobs." Now, if that is not hazardous, being in the middle of a busy intersection, zigzagging in traffic where cars are going 40 miles and hour, and 50, I don't know what the heck is. So, if you could, if you could research closer the legality of that aspect of Federal law, according to The Miami News version of it. Mrs. Kennedy: I agree with your concern, Commissioner. The only question that I have, I would worry that an attempt to restrict the activities of the City's newspapers might hinder the livelihood of other citizens. 86 July 9, 1987 Mr. Carollo: Let the tell you something. This is got nothing to do with restricting no newspaper. This has got to do, number one... Mrs. Kennedy: No, newspaper boys, OK. Mr. Carollo: ...with the law of the City of Miami, what the law is; number two, with possible Federal laws, with child labor laws; and number three, with the agreement that they gave us. Isn't that correct, Madam City Attorney? Mrs. Dougherty: it was a stipulation, oral stipulation by the counsel for The Miami News at the time, it was two years ago, that said that they agreed, and would not have the children selling newspapers in that manner in the City of Miami limits anymore. Now, it is permissible for them to sell newspapers on the curbs... Mr. Carollo: That is correct. Mrs. Dougherty: They just can't walk into the streets. Mrs. Kennedy: Right, but not into the streets. Mr. Carollo: On the curbs, but not in the middle of the street, against the law, in such a hazardous situation that any day you are risking the chance of one of these kids is going to be run over by a car, hurt dangerously, possibly endangering the lives of people in vehicles so they would try to swerve their cars so they won't hit them, and also there is the question of possible liability upon the City of Miami. There is also that possibility. Mayor Suarez: Was part of the agreement also the age that would be allowed? Is there any City ordinance on the age? Mrs. Dougherty: No. Mayor Suarez: But it is a clear violation of City ordinances to have them in the middle of traffic like that, is it not?... regardless of aget Mrs. Dougherty: Correct. That is right. Mrs. Kennedy: OK, so what do we do? Mr. Carollo: What can we do, Madam City Attorney? You can research the Federal child labor laws, and get back to us on that, but in the meantime, what can we do to make sure that our laws are going to be enforced? Mrs. Dougherty: I suggest that first of all, the management of the newspapers may or may not know about the situation. I would suggest that we have the video tape sent to them, show them exactly what is going on, because it is really their liability, it is much more so than the City's liability, if they are, in fact hurt, or the distributors of the newspapers, as opposed to The Miami News, depending on their contractual relation. Mr. Carollo: Correct, but nevertheless, since we are aware this violation of the law is happening, like everybody else in town, I mean, you would have to be blind not to see what is going on every day. There is always that possibility that we would probably be sued also, and even if we could defend it in court, the cost that we are going to incur insofar as legal costs. Mayor Suarez: Do you want to send a tape to Mr. Kraslow, as publisher, with the additional caveat that if they don't do something about it, we are going to refer it to the State Attorney for prosecution? Mr. Carollo: I would make a motion to that effect, that we would send him the tapes that our Police Department has on that, explaining to them that their newspaper is violating our laws here, including, if you would, a copy of this article, with what they claim is the Federal law, and make it clear to them, like the Mayor so stated, that if they insist on violating the law, that we are going to take it up to the State Attorneys, for whatever prosecution we can make. I so move. Mayor Suarez: So moved. Mr. Plummer: Second. 87 July 9, 1987 i Ij Mayor Suarez: Seconded. Any discussion? Mr. Plummer: The laws being broken, the law is being broken! Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-661 A MOTION INSTRUCTING THE ADMINISTRATION TO INFORM MR. KRASLOW, PUBLISHER OF THE "MIAMI NEWS" THAT THE NEWSPAPER IS IN VIOLATION OF THE CITY OF MIAMI LAWS FOR ALLOWING MINORS TO SELL NEWSPAPERS IN THE MIDDLE OF THE STREET RATHER THAN AT STREET CORNERS; FURTHER DIRECTING THE CITY MANAGER TO SEND EXISTING VIDEO TAPES WHICH OUR MIAMI POLICE DEPARTMENT HAS IN CONNECTION WITH SAID ISSUE, TO THE "MIAMI NEWS", ALONG WITH A COPY OF THE ARTICLE WHICH APPEARED IN THE "MIAMI NEWS" REGARDING ALLEGATIONS WITH RESPECT TO WHAT THE FEDERAL LAW IS; FURTHER INFORMING SAID NEWSPAPER THAT IF THEY DO NOT TAKE ANY ACTION IN CONNECTION THEREWITH, AND INSIST IN VIOLATING THE LAW, THE CITY WILL ULTIMATELY TAKE THIS SITUATION UP TO THE STATE ATTORNEY'S OFFICE FOR APPROPRIATE HANDLING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 36. SECOND READING ORDINANCE: PUBLIC NOTICES OF DELINQUENT LIENS (See label #34) ------------------------------------------------------------------------------ Mayor Suarez: Item 37. Mr. Odio: 38. We did 37, I believe. Mr. Plummer: No, you did not call... Mr. Odio: Call the roll. Mr. Plummer: You didn't call the roll on the ordinance. We passed it on the motion, but not on the ordinance. Mrs. Dougherty: That's right, didn't read it. Mr. Plummer: You didn't read it either. Mayor Suarez: Read the ordinance on 37. We had discussed it. Do we have a motion and a second, Madam City Clerk, on 37? Mr. Plummer: Yes. Ms. Hirai: Not on the ordinance proper, sir. Mayor Suarez: I'm sorry? I'll entertain a motion on the ordinance. 88 July 9, 1987 11 0 Mrs. Kennedy: So moved. Mr. Plummer: So moved. Mayor Suarez: Moved and seconded. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 18-37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATED TO PUBLICATION REQUIREMENTS IN LOCAL NEWSPAPERS OF INTENTIONS TO SELL DELINQUENT SPECIAL ASSESSMENT LIENS BY PROVIDING THAT THE NOTICE OF PUBLICATION OF SALE OF DELINQUENT SPECIAL ASSESSMENT LIENS BE AS SET FORTH IN SECTION 42 OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, AND ALSO PROVIDING THAT SAID PROCEDURE SET FORTH IN CITY CHARTER SECTION 42 SHALL BE DEEMED CUMULATIVE AND ALTERNATIVE TO THE NOTICE PROCEDURES FOR SALES OF SPECIAL ASSESSMENT LIENS AS PRESCRIBED BY APPLICABLE STATE AND LOCAL LAWS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 11, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10297. 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. 37. DISCUSSION CONCERNING EMPLOYMENT LAWS OF HAITIANS. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: When we had the demonstration the other night in the Haitian community, representatives of the Commission went over and we instructed the Manager on behalf of the Commission to go to Mr. Ruskin, or Raskin, or whatever his name is - Rivkin... Mayor Suarez: Yes, Perry Rivkin. Mr. Dawkins: ... and explain to him that we thought it was very discriminatory for them to allow Nicaraguans to work and deport the Haitians and I would like the Manager to ask the three "spokespersons" from the Haitian community to be here, one from H.A.C.A.D., Mr. Jean-Juste, and also Mr. Jacques D'Espinose, so that we could give them this letter and, as to what this Commission has gotten from the Immigration office. Will you read what he said to you, Mr. Odio? 89 July 9, 1987 I Mr. Odio:"In reference to our conversation of July 7, 1987, regarding work authorization for Haitian entrants seeking permanent residence, under the provisions of the immigration Reform and Control Act of 1986, my office is now in the process of issuing employment authority to those Haitians who have applied for adjustment and whose required personnel interviews cannot be completed in a reasonable time. Each should receive this employment authorization by mail on Form 1-181, within the next few weeks. Additional staff has been requested to assist in the issuance of those documents for the thousands of affected Haitians in the program. As you know, this situation regarding the employment of Haitian entrants and others is the result of some employers having not yet become familiar with the new immigration laws. In due time, as our ongoing educational process continues, I am certain that everyone will become familiar with and understand this new provision." He also added by phone, Commissioner, that he will encourage employers and that we should familiarize employers that if a Haitian has a valid or invalid I-94 form, which is what they got when they first registered, and they are now invalid by the new law, that they should remain employed because they don't want to penalize these Haitians for having registered under the new law, so they wanted us to publicize the fact that if they have an I-94, whether valid or invalid, they should be kept employed. Mr. Dawkins: OK, will you take this back to the other gentlemen in the Haitian community, Jean-Juste and to Mr. Jacques D'Espinose. This is the gentlemen from H.A.C.A.D. who came, he is the only one that showed up and tell them that we are doing all that we can. OK, thank you. Mr. Plummer: Tell them we are disappointed that they didn't come here. Mr. Dawkins: Very! Tell them we may hold that against them when they come and ask for more help. Mayor Suarez: Item 30... Mr. Plummer: No, the point I am making is, you and I and Dawkins went there. Now, we ask them to come here to give them some good news, they don't show up! You have to wonder if they are really interested. Did you notify them today, or yesterday? Mr. Dawkins: This morning. Mr. Plummer: OK. Mayor Suarez: Add me to the list of those who were present at the demonstration and Reverend Jean-Juste was complaining that we had not done enough on this matter, so make sure he gets a copy of it. 38. SECOND READING ORDINANCE: ESTABLISH NEW REVENUE FUND "INVESTMENT IN EXCELLENCE PROGRAM, REGION XIV FY 187-88" AND APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Item 38. Mr. Odio: This is to receive a grant in the amount of $11,600. We do not need to match it. These funds will be used for... Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. 90 July 9, 19870 AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "INVESTMENT IN EXCELLENCE PROGRAM, REGION XIV FY '87-$$", APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED $11,600; AUTHORIZING THE CITY MANAGER TO ACCEPT THE $11,600 GRANT AWARD FROM THE STATE OF FLORIDA; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of June 11, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10298. 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. 39. SECOND READING ORDINANCE: ESTABLISH THE PROJECT "GEOGRAPHIC INFORMATION SYSTEM" AND FUNDS FOR SAME Mayor Suarez: Item 39. Mr. Odio: Second reading. Mr. Plummer: Move it. Mrs. Kennedy: Second. It's not a request for additional funds? Mr. Odio: It is not; it is just a transfer of funds. Mayor Suarez: Second reading of item 39 has been moved and seconded. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 10187 ADOPTED DECEMBER 11, 1986, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE PROJECT ENTITLED "GEOGRAPHIC INFORMATION SYSTEM" PROJECT NO. 314232, IN AN AMOUNT OF $250,000 FROM THE 1986-87 GEOGRAPHIC DATA BASE ELEMENT, SPECIAL PROGRAMS AND ACCOUNTS OF THE GENERAL FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of June llth, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 91 July 9, 1987 V AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10299. 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. DURING ROLL CALL: Mr. Dawkins: I vote "yes" reluctantly. I still have a problem with this being a sole -source vendor and we should make an effort to find somebody else who can do it so that we can get a competitive bid and not have to go along with a sole source. 40. FIRST READING ORDINANCE: MODIFY WIDTH OF N.W. 1 AVENUE BETWEEN N.W. I STREET AND N.W. 8 STREET Mayor Suarez: Item... Mrs. Kennedy: 41. Mr. Odio: 41 is to amend the nonstandard street width so that we can widen N.W. I Avenue between 1st and 8th Streets. This will service the Miami Arena and that's part of the deal we made with the F.E.C. Mr. Plummer: What's the approximate cost on that, Mr. Manager? Mr. Odio: Of the widening of the street? Mr. Plummer: Yes. Mr. Odio: Don, do you have an estimate? Mr. Plummer: Not only the widening of the street, but all of the improvements that you're making up that alley. Mr. Cather: There's no cost connected to this ordinance. I would have to get you the cost of widening the street. It's under design right now. Mr. Plummer: Approximately. Mr. Cather: I would estimate probably a million and a half. Mr. Plummer: And who's paying that million and a half? Mr. Cather: The highway bond funds. Mr. Plummer: But it's for the benefit of who? Primarily for the benefit of who? Mr. Odio: (OFF MIKE) The City of Miami. Mr. Plummer: Primarily the benefit of who? Mr. Odio: Of the Miami Arena. Mr. Plummer% OK. Thank you. Mr. Odio: And - wait a minute... Mr. Plummer: Thank you. A million and a half dollars. And we're paying it. 92 July 9, 1987 a Mr. Odio: Wait a minute, J.L. By doing the 1st Avenue, Commissioner... Mr. Plummer: (SINGS) "You are my sweetheart..." of a deal! Go ahead! Mr. Odio: No, no... 'What about Grand Central project? Mr. Plummer: No, no... People don't like it when I say they got a sweetheart deal. Mr. Odio: What about the Grand Central project for Overtown/Park West? Mr. Plummer: They're also beneficiaries. But this is being done for the Arena. Mr. Odio: No, it is not, sir. This was done with one purpose in mind and I have to tell you it was done with the F.E.C. so that we could do the Grand Central project. Mr. Plummer: So, then, if we only cut it in half - half of a million and a half dollars is seven hundred and fifty thousand of improvements, because that's from Sth Street to the Arena. Mr. Odio: OK, if you feel good about that, fine. Mr. Plummer: That's seven hundred and fifty thousand that, if a normal developer was there, he would have to pay, but we, the City, are assuming. Just want to make it noted for the record. Mayor Suarez: Do we have a motion and second on 41? Mr. Plummer: Sure, I'll move it. We've got to do it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF N.W. 1 AVENUE BETWEEN N.W. 1 STREET AND N.W. 8 STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 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. 93 July 9, 1987 i i 7 41. FIRST READING ORDINANCE: ESTABLISH "LATE FEE SCHEDULE" FOR UTILITY COMPANIES WHOSE DELAY IN MODIFICATIONS ADVERSELY AFFECT CITY'S HIGHWAY CONTRACTORS Mr. Plummer: Item 42. We have a request from Florida Power and Light, since they are affected by this ordinance, for a deferral, to sit down and be able to talk it out with the Administration, which they have obviously not had the opportunity to do yet. Mr. Odio: They certainly don't talk to us when they do other things in the City, when we had to... Mr. Plummer: Well, I'm saying they have requested it. Mr. Dawkins: Mr. Manager, I'm going to second the motion and I assure you - and I promise you now - I will be voting with your recommendation. I don't care what they say to you. Mr. Plummer: Let's not make this the Florida Power and Light Relief Billl They don't give me any relief when I pay my bill. What I'm saying is I would hope that, in this interim two weeks, that you would sit down with all interested parties that this might affect and get their input. We might not agree with it, but at least have their input. Mr. Odio: Can we bring it back July 23rd? Mr. Plummer: That's fine. Mrs. Kennedy: I think that you owe them that courtesy. Mr. Dawkins: That's no problem. Mayor Suarez: What are you trying to tell us? Mr. Dawkins: They won't cut your lights offl Say what you've got to say. Mr. Pierce: I spoke with Mr. Sanchez this morning and he had a very valid point of a defect in the ordinance, and we agreed with him. But we think that all of the utility companies ought to be involved in this, and we agreed. What I would like to do is pass it on first reading so that we can get it in place much sooner and we will then distribute a copy of the ordinance to each utility company and ask for their input and then bring it back on second reading. Mr. Plummer: Well, second reading won't be until September. Mr. Pierce: That's exactly the point, yes. Mr. Plummer: I have no problem with that. Mayor Suarez: Since we're now heading in a different direction, I presume you are withdrawing your other motion. Mr. Plummer: Yes, sir. Mayor Suarez: What is this really going to accomplish? Mr. Odio: It will accomplish that when we are building, let's say, 7th Street, that we had all the merchants and everybody in Little Havana complaining to the City that the job was delayed. It was delayed because of the utility companies. This will place a fee, or a penalty, as you might call it. If they don't move a pole on time when they're supposed to move it, they have to pay for every day that they don't move it, and the same for wire or cable attached to that pole, or anchor guides, or whatever. In other words, we are putting a penalty on the utility companies to have to move on time so that they won't delay the work done in that street or highway. i 94 July 9, 1987 Mayor Suarez: And that right to make that determination wouldn't exist, anyhow? Mr. Dawkins: I would advise you, Sanchez, let us pass it on the first reading because if it gets hung up we're not going to get it passed. Mr. Carollo: Well, first reading is not binding, and I think that they should get together with the utilities people - out of courtesy - and talk to them and then I would like, Mr. Manager, for you, or someone on your staff, to sit down with me, or someone on my staff, so that we can understand it, and bring It back for the second reading. Mr. Plummer: Which will not be until September. Mayor Suarez: This schedule you've given me, Don, or showing us here% Utility Coordination Schedule for City of Miami highway improvements. Is this supposed to be an illustration of the kinds of scheduling difficulties that we have if they don't meet the...? (INAUDIBLE COMMENTS OFF MIKE NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Why don't you grab a mike. Mr. Odio: That's the difficulty we had in the past. Those are examples. Mayor Suarez: The percentages are indicated to be what? How late they were, or what? Mr. Pierce: Yes. Mayor Suarez: In what terms? Percentage lateness as a percentage of what? Mr. Pierce: I think it's a percentage of the contract time, or the estimated time to complete a project. What happens... Mayor Suarez: Do they give us an estimate each time right before they begin working? Or do we give them an estimate? Mr. Pierce: No, we advise the utility companies more than a year in advance of the start of a job. Mr. Plummer: The company has so many days to complete. Mayor Suarez: I sense that we're going to get into an argument with Florida Power and Light. Most of these are from FPL. What's SBT? Mr. Pierce: Southern Bell Telephone. Mayor Suarez: Miami Cable ... and Miami Dade Water and Sewer ... and People's Gas. Who's the worst offender? Miami Dade Water and Sewer? Mr. Plummer: All of them! They're all bad guys! Mr. Pierce: We'd like not to get into that. Mayor Suarez: Looking here, they're the ones that seem to have the worst. Mr. Pierce: FPL has a valid point. We agreed with them that there should be some means in there for redress and relief if it's not his company's fault, for instance, not his company's fault. He's absolutely correct and we agree with that. It was by oversight that we didn't include that but we will address that and we will put it in. When we send out the draft ordinance to these utility companies we will already have drafted such a provision and we will invite their input on that. Mrs. Kennedy: And if the late fees are not paid within a certain period of time, there will be, what, an additional charge? Mr. Pierce: I guess we'll have to end up going to court and collecting them. Mrs. Kennedy: Well, let's try to meet, Guy, with them and see if we can work it out and come back to us with recommendations. 95 July 9, 1987 v P Mr. Pierce: We certainly will. Mr. Guy Sanchez: My name is Guy Sanchez. My office is at 4200 West Flagler. I represent the Florida Power and Light. Mayor Suarez: You're registered with the City? Mr. Sanchez: Yes, I am. Let me say that I do not object to the intentions of Public Works. I have been working with Cather for many years and I know the nightmare he goes through with the coordination of these projects, so don't get me wrong. My objection is, and my request for deferral is, number one, that I don't even know what that document says. We have not been given a chance to look at it. And, secondly, these relocation projects and these public works projects are very complex in the sense that there are six agencies, or entities, involved in there. We have the gas company, water and sewer, City of Miami, Southern Bell, cable and ourselves. Now, unfortunately, the nature of the project is that the last people to get out of the particular project in relocation is either FPL or Southern Bell, because the pole is standing there and we have to remove the pole after everyone else is out of there, so... Mr. Plummer: Guy, that's why we're going to give you six weeks to work this thing out. Mr. Sanchez: But I just wanted to have a chance to sit down with it, as a team with the City. I don't know how long it's going to take to do that. You people recess in August for the reason which is vacation, and the same thing will happen. Mr. Dawkins: Now, Guy, be reasonable. When you want to raise my rates, you do it when you get ready. You don't care what I have to say. So you can do this. Mr. Sanchez: OK. Mrs. Kennedy: The Commission recesses, but they work every day. Mr. Plummer: Telephone. What are you complaining about. Mr. Dawkins: And we'll put somebody with you to be sure that, if we have to work every day with it, we'll get it done. Mr. Sanchez: OK Mayor Suarez: Any particular reason why you didn't seem to know about this until today, Guy? Mr. Sanchez: I've no idea. I talked to Mr. Cather yesterday and I was told that you people were going to approve the concept and there were no details, and now I can see that there is a full package of details, and I had no idea of that. Mayor Suarez: The agenda item did not indicate that we were at the level of passing, on first reading, an ordinance in full detail? Mr. Cather: I was mistaken when I told Mr. Sanchez that there were not more details available. I was not fully aware of all the details that we had in the ordinance at that time, and I apologize. Mr. Plummer: Take him out and beat him. I move it on first reading. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any further discussion? Read the ordinance. (AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.) 96 July 9, 1987 0 Mr. Plummer: Mr. Mayor, may I amend that to read that this item will not come back for a second reading until such time as both parties are agreed that they have ironed out all their differences? I don't want to put them under six weeks... Mr. Dawkins: Or have reached an impasse. Mr. Odio: 1 want to clarify it. Mr. Plummer: In other words, it will be reschedule before this Commission for second reading when, in fact, they have finished their... call it negotiations, or discussions, or whatever. Mayor Suarez: I think Commissioner Dawkins hit the nail on the head when he said "or reached an impasse", just in case... Mr. Plummer: All right, either one. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW SECTION 54-49, THEREBY ESTABLISHING A "LATE FEE SCHEDULE" FOR APPLICATION BY THE CITY TO UTILITY COMPANIES WHOSE DELAY IN COMPLETING MODIFICATIONS TO THEIR FACILITIES ADVERSELY AFFECT THE CITY'S HIGHWAY CONTRACTORS; TO COMMENCE ON THE DATE THE CITY ISSUES A "NOTICE TO PROCEED" TO ITS CONTRACTOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Dawkins: Nov, Guy, I'm going to assign somebody from my office to keep me abreast of what's happening so we all know what we're doing. Mayor Suarez: I'm going to vote yes, but I would have preferred the first motion, rather than taking it on first reading, but the amount of time you have seems to be enough to work out differences, if they can be worked out. 42. DEMOLITION OF 776 N.W. 11 STREET BY DELTA DEMOLITION Mayor Suarez: Item 43 has been withdrawn. Item 44. Mr. Odio: To ratify the Manager's finding that the demolition of a three- story apartment building located at 776... Mr. Plummer: Move it. Mr. Carollo: Second. Mr. Dawkins: Joe, second. 97 July 9, 1987 0 0 Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-662 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE DEMOLITION OF A THREE STORY APARTMENT BUILDING LOCATED AT 776 N.V. 11TH STREET TO BE AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH DEMOLITION TO DELTA DEMOLITION FOR THE DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSED AMOUNT OF $15,313.00; FUNDS THEREFOR ALLOCATED FROM THE DEMOLITION FUND ACCOUNT CODE #560502-340-110035. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 43. AUTHORIZE AMENDMENT NO. 2 WITH MIAMI CENTER ASSOCIATES LTD. (MCA) FOR SPACE AT MIAMI CONVENTION CENTER Mayor Suarez: Item 45. Mr. Odio: This is authorizing the City Manager to execute Amendment No. 2 to the September 13, 1979 lease agreement between Miami Center Associates which provides for the exchange of certain MCA space at the Miami Convention Canter for certain City space and providing additional compensation to MCA in a lump sum not to exceed $3,000,000 to perform the work involved, including buy-out of retail subtenants. The funds will come from the Miami Sports and Exhibition Authority. MCA will have to buy out approximately 21,106 square feet of retail space and convert such space to exhibition space in exchange for 15,400 square feet of City -owned meeting rooms on the first and third level. It is planned to combine the present retail space and adjacent City space to create the new exhibition area, a new ticket office, a new administrative office. Mr. Plummer: How many net square feet do we wind up with? Mr. Odio: I believe that the figure is 32,000 square feet. Mr. Tony Pajares: It will be somewhere around twenty-eight thousand, Commissioner. Mr. Plummer: Net usable. Mr. Pajares: Net. Total square feet is about 40,000 square feet that is being renovated. Mr. Plummer: And where is the space that we're giving up? Mr. Pajares: On the ground floor, upper floor - all three floors. 98 July 9, 1987 Mr. Plummer: We're giving that up? Mr. Pajares: Yes, sir. Mr. Odic: We gain sixty-five hundred square feet in the exchange. Mr. Plummer: I move it. Mrs. Kennedy: Second. And it would not exceed. We will have a guarantee of $3,000,000? Mr. Plummer: Yes, that's key. Mr. Odic: The $3,000,000 they have to give us and the finished product. Mr. Dawkins: Under discussion. This says: "$3,000,000 - money made available by the Miami Sports and Exhibition Authority." Mr. Odic: That's part of the $10,000,000. Mr. Dawkins: Now, who has priority, or the right to this? The Heat already say they got the right. Mr. Odic: No, Commissioner. Mr. Plummer: No, no, no. Mayor Suarez: Certain articles in The Miami Herald have made it seem like this $3,000,000 is somehow jeopardized by agreements between the franchise and the Arena. Mr. Plummer: But don't worry about it. Mayor Suarez: I'm glad that Commissioner Dawkins asked the question. This $3,000,000 is still available and there is no problems with it. None whatsoever. Mr. Plummer: Don't worry about it. We've got 011ie North looking for it! Mr. Dawkins: As long as he doesn't mix it with his money in the Swiss banks, I'm OK! Mayor Suarez: Any further discussion? Mr. Plummer: Let me ask you. Is there a completion date on this? Mr. Pajares: December 31st this year. Mayor Suarez: How are we doing on negotiations? You're answering that there's a completion date. Mr. Odic: Let me explain. Mr. Plummer: They're negotiating. We're not. Mr. Odic: The developer, at their own... Mayor Suarez: But what good does it do to tell us a completion date if I don't think we're that far along on negotiations? Mr. Odic: We finished the agreement. The agreement has been negotiated. If you approve this, we can sign it. What they did at their own risk, with their own money, they started construction and began three weeks ago. They have bought out the stores and... Mayor Suarez: That's what I wanted to know. They've bought them all out now? Mr. Pajares: Yes, sir. There's one - the bank will move out in September, Mr. Mayor. Mayor Suarez: All the other ones, they've reached settlement? 99 July 9, 1987 Mr. Odio: Yes, they have. Mayor Suarez: OK. The space is available. So we're not talking figment of someone's imagination. Mr. Odio: We are going to have a finished product at the end of this year. Mayor Suarez: OK, very good. Any further discussion? Call the roll. Ms. Hirai: I need a motion and a second, Mr. Mayor. Mr. Plummer: I moved it. Mrs. Kennedy: I seconded it. Mr. Odio: I am happy to say they are going to spend an additional $7,000,000 in the building itself to improve the lobby area and other meeting room space so there is going to be a very good facility when they finish. Mr. Carollo: I hope so because it's sure costing us a good penny every year. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-663 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE SEPTEMBER 13, 1979 AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI CENTER ASSOCIATES, LTD. ("MCA") WHICH PROVIDES FOR THE TRANSFER OF CERTAIN MCA SPACE TO THE CITY IN EXCHANGE FOR CERTAIN SPACE AT THE MIAMI CONVENTION CENTER AFTER MCA'S CONVERSION OF ITS RETAIL SPACE INTO EXHIBITION SPACE, AND PROVIDING FOR ADDITIONAL COMPENSATION TO MCA IN THE FORM OF A SUM NOT TO EXCEED $3,000,000, ALLOCATED FROM MONIES MADE AVAILABLE BY THE MIAMI SPORTS AND EXHIBITION AUTHORITY, PAYABLE UPON THE COMPLETION OF THE EXCHANGE OF SPACE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 44. EXTENT AGREEMENT WITH VINCENT E. GRIMM FOR CONSULTANT FOR CONVENTION CENTER PROJECT Mr. Plummer: Mr. Mayor, the only way we are going to get that done is pass the following resolution authorizing the City Manager to extend the term of existing professional service agreement with Vince Grimm, Jr., from August 1st... Mr. Carollo: Move. Second. 100 July 9, 1987 0 W Mr. Plummer: ...under the same conditions as the previous agreement. second the motion. Mayor Suarez: Moved and seconded. I Mr. Dawkins: Under discussion. I have to get on my soapbox. I love this Vince Grimm. 1 think he's the best thing since high -button shoes, Mr. Carollo: Whrt? High button shoes? Vince doesn't know whether to thank you or tell you to go to hell) Mr. Dawkins: But... Mr. Plummer: What happened to sliced bread? Mr. Dawkins: ...but I have to say: "here we go againl" with one of those consultancies paid to an individual who's retired from the City of Miami and retired with the expertise that's needed and all because we do not cross -train anybody in these jobs and when an individual leaves, we do not have anybody in place, and therefore you have to pay this. Now, what will Mr. Vince Grimm's consultancy be for the year? Mr. Plummer: The fee? Mr. Odio: Thirty thousand. And no other benefits. Mr. Dawkins: No, no, no. He don't come that cheap. Mr. Odio: Thirty thousand, yes, sir. He's a cheap guyl Mr. Plummer: Now, wait a minute! Don't say that about Vince. He might be inexpensive, but he's not cheap. Mr. Dawkins: For $30,000 I can't go wrong. I thought it was another one that was eighty thousand. Mr. Vince Grimm: Would you like to give me a raise? Mr. Dawkins: Everybody else is getting eighty and ninety thousand, Vince. Mr. Grimm: Thirty thousand, and that's what it's been since I retired. Mr. Dawkins: No kidding! Well, all right, you're one of the ones that I'm not arguing about. It's those guys retire at sixty thousand... Mr. Plummer: Call the roll in a hurryl Mr. Dawkins: ...and get eighty thousand as consultancies. We've got some of those, you know. Mayor Suarez: What exactly is the nature of the consulting services? Mr. Odio: He's going to do two things: finalize... Mr. Dawkins: Hold it, Mr. Manager, my colleague asked a question. Mr. Pete Long retired with what? Or whatever Long's name is. When did he retire? Mr. Odio: He retired last year, I believe. Mr. Dawkins: I mean, with how much money? Mr. Odio: I don't know. Mr. Dawkins: All right, well, what's his consultancy? Mr. Odio: I believe he's getting $50,000. Mr. Dawkins: Sixty. Mr. Odio: Sixty thousand to finish Bayfront Park. full-time and Vince is... The difference is he's 101 July 9, 1987 0 P. Mr. Dawkins: The difference, Mr. Manager and all my fellow citizens, is he retired at $80,000 a year or better. He's got a consultancy - now, he retired to go home and rest, for $80,000. And then we decide to put him to work for sixty thousand which means he's retired on $140,000 a year. That's what it toe ans . Mr. Carollo: Miller, volunteers to retire for $80,000 a year for life. Mayor Suarez: I'm sorry to say that the resolution doesn't explain at all what the nature of the consultant services are, and I know that they're no different from what he's been doing, but could you describe them for me before I vote on this thing? Mr. Odio: He is responsible to the Manager to review all specs, to make sure the architect and the MCA people will deliver to us the product that we are buying for the $3,000,000. And, not only that, he's going to be working... Mayor Suarez: You said he's like a construction manager? Mr. Odio: Yes, and he's also going to be working with the architects and the staff here to oversee the Coconut Grove Exhibition Center, when we start the project. Mayor Suarez: But that's not what this item's about. Mr. Odio: No, because he's really... Mr. Plummer: This is to finish the Knight Center. Mayor Suarez: He's going to give us those services for free, then, in connection with Dinner Key? Mr. Odio: No. For the $30,000. He's retained for the year to provide any services that we might require of his expertise. I think it's a good deal. Mr. Dawkins: For the record, Vince is the gentleman I spoke of when we were having all that difficulty as to who could oversee the construction of the Liberty City police station and I said we had a man on staff as a consultant who could do it, and Vince was the gentleman I was speaking about. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-664 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE TERM OF THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH VINCENT E. GRIMM, JR., FROM AUGUST 1, 1987 THROUGH JULY 31, 1988 FOR PROFESSIONAL CONSULTANT SERVICES PRIMARILY IN CONNECTION WITH THE CONVENTION CENTER PROJECT AT THE SAME FIXED MONTHLY PAYMENT AS PROVIDED BY SAID AGREEMENT AND ALLOCATING MONIES THEREFOR FROM PREVIOUSLY APPROPRIATED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo 102 July 9, 1987 f DURING ROLL CALL: Mayor Suarez: I'm going to vote no. I don't really think we need it. Mr. Carollo: Don't feel bad, Vince. Four of us think we need you. ------------------------------------------------------------------------------ 45. EXECUTE PRELIMINARY DEVELOPMENT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT Mayor Suarez: Item 46. Mr. Gilchrist: Mr. Mayor and members of the Commission, this item is what's called a pre -development agreement, necessary... Mr. Dawkins: Move it. Mayor Suarez: 46 has been moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion on 467 Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-665 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PRELIMINARY DEVELOPMENT AGREEMENT (PDA) WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA), IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE DEVELOPMENT OF PHASE I OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; SAID RESOLUTION SUPERSEDING A PRIOR AUTHORIZATION AS REFLECTED IN RESOLUTION NO. 87-373 ADOPTED APRIL 30, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Item 47 was withdrawn. 103 July 9, 1987 46. DEFERRAL OF PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR PARCEL AT S.W. 2 STREET AND NORTH RIVER DRIVE ON MIAMI RIVER Mayor Suarez: Item 48. Mr. Gilchrist: Item 48 you authorize the City Manager to move forward an R.F.P. for developing a small tract of land on the Miami River. Within that small tract of land - it's very small - there is a triangular outpiece owned by a private party and our Property and Lease Manager is negotiating the purchase of that, prior to going out with the R.F.P., and I just wanted to delay moving forward until we know the outcome... Mr. Plummer: But do we want to buy it? Mr. Gilchrist: It would have to be incorporated into the R.F.P. Mr. Dawkins: But J.L. is saying: "do we want to buy it?" Mr. Gilchrist: I don't know until it comes here before you to make that recommendation, but what I am saying is that I don't think it's good to move forward with the R.F.P. until we resolve whether or not to have that in. He's got to get the price determined and bring it to us. I can't even make that recommendation. Mr. Plummer: Let me tell you, what with the price we're paying for boat spaces back here, I don't know if we want to buy the damn thing. Mr. Gilchrist: Well, one way of doing it, Commissioner, would be to predetermine the price and have the bidders have the requirement that if they bid on it they have to buy the property as part of it. It would be preferable that we own the land for the City, but that may be a requirement of the R.F.P. Mr. Plummer: Is this at the Pioneer's Club? Mr. Gilchrist: No, it's south of that. It's just next to the I-95 over -ramp where the Department of Off -Street Parking has a parking lot next to it. Mr. Plummer: Hell, that's everywhere! Mr. Gilchrist: Under I-95. They don't have cars parked there, but they have parking. Mr. Plummer: All right, I'll move for the deferment, as requested. Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Any discussion on the motion to defer? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-665.1 A RESOLUTION DEFERRING A PUBLIC HEARING SET FOR JULY 9, 1987, AT 1:30 P.M. TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF MARINE -ORIENTED RECREATIONAL AND RETAIL USES, INCLUDING FOOD AND RETAIL USES, INCLUDING FOOD AND BEVERAGE SALES, OF AN APPROXIMATELY .75 ACRE CITY - OWNED LAND PARCEL LOCATED AT SW 2ND STREET AND SW NORTH RIVER DRIVE ON THE MIAMI RIVER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 104 July 9, 1987 0 0 Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 47. DEFER CONSIDERATION OF DOWNTOWN DEVELOPMENT AUTHORITY EXPENDING FUNDS FOR DOWNTOWN IMPROVEMENTS UNTIL D.D.A. HIRES MINORITIES IN HIGHER -PAY ECHELONS Mayor Suarez: Item 49. Mr. Roy Kenzie: Item 49 relates to the time last year when you passed out budget, you asked us to hold in reserve our capital improvements budget of $291,593, pending the passage of the legislation which allowed us to become an Independent special district. The Governor signed the legislation the end of last month and we'd like to now move forward to expend those dollars in the three different areas in downtown. Mr. Plummer: I'm just wondering. I have your breakdown of where that money is supposed to go, but we're so late in the year I wonder if it wouldn't be smart to incorporate this money in next year's budget. Mr. Kenzie: Commissioner, several of the items on here we'd like to get started on between now and moving into October 1st. Mr. Plummer: But the ones that I see here I don't think you're really going to get started before October lst, anyhow. Mr. Kenzie: We have, for example, on the Flagler lay-bys, we have the work already done, ready to go. On the Flagler lighting, we're ready with the R.F.Q. on that. On the 2nd Avenue entrance landscaping, we've done the preliminary work on that. We tried to get ourselves in position. Before, we've been criticized by the Brickell Association and Omni area for not spending this money, so we've gotten ourselves ready to go on it and they're anxious for us to move because we've been holding back on that. Mrs. Kennedy: Roy, I don't have that list in my package. Can you provide me with a list? Will you be able, finally, to finish your ten-year video tape? Mr. Kenzie: I hope so. Mr. Dawkins: Mr. Kenzie, I'm going to ask you my annual question. How many minorities do you have on your staff? Mr. Kenzie: Four. Excuse me, we have two plus women, so we have four minorities in the top level administration... Mr. Dawkins: How many of them are women? Mr. Kenzie: We have five females, four minorities. Mr. Dawkins: Five females and four minorities? Mr. Kenzie: Right. Fifty-five percent of our staff are either minorities or females. Mr. Dawkins: So you're telling me that nine minorities - five women and four minorities. Is that what you're telling me? Mr. Kenzie: No, together. Some meet both categories. 105 July 9, 1987 e 4r Mr. Dawkins: No, they can't meet both categories. Mr. Kenzie: Well, some happen to be female and also black. Mr. Dawkins: They're either female or they're black. They're not female and black. Mrs. Kennedy: Females account for 54 percent of the City voters. Mr. Kenzie: I'm going by the way you count it in your budget document. Mr. Dawkins: How many of them are earning - what's the average pay at D.D.A. - average? Mr. Kenzie: I've not figured that out but it would probably be in the thirty- two... Mr. Dawkins: I'll average it. I'm like J.L. Let me get a computer. Hold it. What's the lowest paid person in your staff? Mr. Kenzie: I'm sorry, I don't have... I think around... Mr. Dawkins: Mr. Manager, what do we pay a clerical person? Thirteen thousand? Mr. Odio: It starts there... Mr. Dawkins: Thirteen, all right. And what's your salary, Mr. Kenzie? Mr. Kenzie: Ninety-six. Mr. Dawkins: Ninety-six and thirteen is a hundred and nine and when you divide that by two, you come out with $50,000. That's what I call an average salary. Mr. Plummer: Roy, Do you make ninety-six plus perks, right? Mr. Kenzie: Yes. Mr. Plummer: And there's 36 percent perks. Mr. Kenzie: No, we're at twenty-eight. Mr. Plummer: So you're then thirty thousand more, so you're roughly a $130,000 employee. Mr. Dawkins: And add that to thirteen and divide that and average and you come out with sixty-six thousand average. Mr. Plummer: No, I'm asking, is that correct? Mr. Kenzie: Ninety-six plus 28 percent on top. Mr. Dawkins: Now, how many of the minorities are earning sixty-six thousand and above? Mr. Kenzie: None. Nor are any of my... Mr. Dawkins: None. All right. Now, you see I go through this with you each year. Now, each year I go through this and each year you tell me you're going to get some and each year you come in we don't have any. Now, I hate to do this, but I'm going to defer this until you get me some minorities in that higher echelon, because I go through this with you and then you keep coming back, saying, "Miller, yes, I'm working on it." And when you come back we don't have them. Mr. Kenzie: Commissioner, just so you realize - I said I would do this, and two Commission meetings ago - funds which we had in our budget for expansion and staff, we've not expanded or added to our staff in five years. We've frozen those positions because we were never sure where we were going to be funded from. It was only this year at the end of June when we knew for sure 106 July 9, 1987 0- f that we would have funding to move forward and to I am now in a position to be able to meet the request that you asked me. This year, also, the Commission at the past couple of meetings... Mr. Carollo: Miller, I'll second your deferral. I'm on record saying that I'm with you. Mr. Plummer: Well, you know, I think there's been enough conversation around here to put the hands on top of the table, that the D.D.A. , in the upcoming budget, might be completely restructured - if not eliminated. And I'm not one that says the D.D.A. doesn't serve a useful purpose, but I do wonder if it couldn't serve a more useful purpose if restructured completely. And so I think this deferment is in order to the extent that we ought to defer it over to the normal budget process, because I'm concerned that if they start these projects it gives them the great impetus in October to say: well, we've got to finish. So I would hope that what you're doing is deferring this over until the normal budget process. Mr. Dawkins: See, that's what we're going to do, J.L. And I want to say to Mr. Kenzie: I understand what you're saying, but knowing that you had to come here with me, you should have come to me and said: "Because," and this is my opinion, "of budget constraints, and because I didn't know if I was going to be funded, here are three Latins, three Blacks, two Puerto Ricans and four women. Somewhere in here I'm going to hire, if I get the money, three of these people." But you come here with nothing. I'm going to give you the money, then there is a four or five month process of looking for you want, and it's six months before we hire anybody. Mr. Kenzie: Commissioner, I was ready to do that until three meetings ago when the Commission took from my budget another $145,000 to pay for three positions within the Planning Department, which I would have used to expand staff within the Authority. Mr. Dawkins: So because I was arguing and the City Commission made you do something, you said: "To hell with Miller Dawkins, I'll go over there!" Mr. Kenzie: No, that's not... And I came to talk to you after that and said that I would move forward on the commitment that I made you earlier. Mr. Dawkins: Is this going to hurt you if we defer this? Mr. Kenzie: The only thing it will do is I will just have to put it off and do it in October, if you decide we move forward at that time. It just means that the Brickell Association, the Downtown Business Association, and the Omni Association will not be able to do those projects until October. Mr. Dawkins: God bless them! They've got enough money for the Bayfront Park. I don't miss it. Mr. Plummer: Well, I've got to put on the record, I'm just saying it, for what it's worth to When we have a Director of the Downtown Authority that is making more money than our City Manager, we've got a problem. I'm really saying that. If you take and look at the scope of what Cesar does and you look at the scope of authority of what Roy does, there is a tremendous inequity there somewhere, and I'm sure as hell not going to give Cesar a raise. Mayor Suarez: We have a motion to defer. Do we have a second? Mr. Plummer: I thought Joe did, but if he didn't I will. Mrs. Kennedy: I will second, if not. Mr. Carollo: I said that any time my colleagues want to defer something, and particularly my colleague Miller Dawkins, I will go along with him to defer. Mayor Suarez: Call the roll. 107 - July 9, 1987 The following motion Was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-666 A MOTION DEFERRING CONSIDERATION OF A PROPOSED RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY (D.D.A.) TO EXPEND FUNDS FROM THE CAPITAL RESERVE LINE ITEM FOR DOWNTOWN BEAUTIFICATION, MARKETING AND CAPITAL IMPROVEMENTS, UNTIL SUCH TIME AS THE EXECUTIVE DIRECTOR OF D.D.A. IS ABLE TO HIRE SOME MINORITY MEMBERS IN THE HIGHER -PAY ECHELONS OF D.D.A.'S CORPORATE STRUCTURE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 48. EXECUTE LEASE AGREEMENT WITH DADE COUNTY FOR LEASE OF 1888 N.W. 21 STREET FOR POLICE SUBSTATION Mayor Suarez: The City Manager informs me that we need to take up a resolution on an emergency basis if we want to get a mini station open in Allapattah. This one, I guess, is a resolution for an agreement with the County. Mr. Odio: So we can enter into an agreement for that building with the County. Mayor Suarez: The County would lend to us the facility? Mr. Dawkins: OK, now, we've got two groups out there vying for this station. Mr. Carollo: It's no problem. Our resolution and our intent was, to show beyond a shadow of a doubt that mini stations don't work, is that every neighborhood that wants a mini station can have one - limited up to one per city block. All the mini stations you want, as long as they pay for the space. Mr. Plummer: Well, I'll go along with that in approving this on a trial basis until the trial ends, and the conclusions, when the substations open. Mr. Odio: May I suggest that...? Mr. Plummer: Well, I was going to ask you a question. Mr. Carollo: They're not going to make it to that. Mr. Odio: You already approved this one. Mr. Plummer: I'm getting, already, some flack from the northeast. Now they want to move the mini station. Mr. Carollo: Because it didn't work. Now they want to blame that it's not right on Biscayne Boulevard. If they want to put it right on Biscayne Boulevard and it doesn't work again, then they'll come up with another story... 108 July 9, 1987 V 0 Mr. Odic: No, we always said that it would be. Seriously, we said that we would move it. Mr. Plummer: is the swimming pool dirty? Mr. Carollo: ...until they realize that the person that came up with the idea was the one at fault. Mr. Odic: When we got the house in the northeast - I was in that meeting - they said that told them we would have to move that house to Legion Park. They agreed that it would be moved at their expense. We always said, and we have maintained, that it would not cost the City of Miami one dollar. Mr. Plummer: So what you're saying is that all this... Mr. Odic: Is, if they want to move the house, they pay. Mr. Plummer: They've got to come up with the funds. Mr. Odic: Yes, air. Mr. Plummer: Because I got a call from Neighbors in the Northeast the other day. Mr. Odic: They've got to pay. Mr. Carollo: How about the swimming pool? Is that part of the deal or not? Mr. Odic: The swimming pool stays behind. In Allapattah, you already approved this one. All you are doing now is allowing me to... Mr. Plummer: To which group? Mr. Odic: Orlando Urra and that whole Businessmen's Association came here and you approved that. Mr. Plummer: It's the Orlando Urra group. I move it. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. Any further discussion of this resolution? Let me read this. (MAYOR READS RESOLUTION TITLE INTO THE PUBLIC RECORD.) Mr. Carollo: Is that a resolution or an ordinance you're reading? Mayor Suarez: This is a resolution. Mr. Carollo: You got tired, Madam City Attorney? You don't like reading them anymore? Mayor Suarez: Any further discussion of this resolution? Mr. Carollo: I see he wants to get practice for South Miami again. Mayor Suarez: Call the roll. 109 July 9, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-667 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DADE COUNTY, FLORIDA, FOR THE LEASE OF APPROXIMATELY 1,093 SQUARE FEET AT 1888 NORTHWEST 21ST STREET IN THE ALLAPATTAH NEIGHBORHOOD SERVICE CENTER, MIAMI, FLORIDA, FOR THE CITY'S USE AS A POLICE SUB -STATION IN ACCORDANCE WITH THE INTENT AND PURPOSES FOR WHICH THE COUNTY ESTABLISHED SAID CENTER FOR A TERM OF ONE YEAR COMMENCING JULY 1, 1987, BEING RENEWABLE ANNUALLY AT THE OPTION OF THE CITY AND SUBJECT TO THE CANCELLATION BY THE COUNTY UPON 30 DAYS NOTICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. c7 ABSENT: None. 49. DESIGNATE TERMS OF OFFICE FOR SPORTS AND EXHIBITION AUTHORITY MEMBERS Mayor Suarez: I'm going to try and go through these as quickly as we can. Item 54. Mr. Odio: This is to designate terms of office for the members of the Sports and Exhibition Authority and the terms are as follows: Group 1, expiring June 24 of 1989, Robert N. Allen, Jr., Eli Feinberg, Eugene Marks, Frankie Rolle and Julius Shepard. Mr. Carollo: Who got the "X" in this group, here? Mr. Odio: No, this expires on June 24 of 189. That's what you're doing here. Mr. Carollo: But what I'm not so sure about, that was the day that we picked from the styrofoam cup and "X" got the "X". Now, I read somewhere in the Herald - maybe Lisa Getter could enlighten us to verify that the Mayor had said that if he had gotten the "X", that Larry Turner would not have been X- ed. Now, what I'm trying to figure out is, if one of us would give up one of our appointees, does that mean that you would name Larry Turner? Might be a big opportunity for you. Mayor Suarez: I'll entertain a motion on item 54. Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mr. Carollo: If you want to name Larry Turner, it might be a big opportunity for you. Mayor Suarez: Moved and seconded. Any further discussion on item 54? Mr. Carollo: May it go on the record that "X" X-ed Larry Turner. 110 July 9, 1987 Mayor Suarez: Call the roil. You can go on the record with anything you want. Mr. Carollo: Don't get upset at me now. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-668 A RESOLUTION DESIGNATING TERMS OF OFFICE FOR INDIVIDUALS CURRENTLY SERVING AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 50. DEFER CONSIDERATION OF WAIVER OF BIDS FOR AUDIO VISUAL EQUIPMENT FOR POLICE DEPARTMENT (See label #77) Mayor Suarez: Item 55. Mr. Odio: This is ratifying the City Manager's finding of an emergency in the purchase of audio visual equipment from Gray Communications at the cost of $17,592. This money came from the Law Enforcement Trust Fund. The City Commission authorized acceptance of a grant from the State in the amount of $17,608 on April 9, 1987. In order to insure against the loss of funding provided by region 14 to facilitate training needs of Police Departments in Dade and Monroe Counties, the Police Department requested emergency approval to purchase the necessary video equipment from Gray Communications and I am asking you to ratify that. Mayor Suarez: What's the amount? Mr. Odio: Seventeen thousand five ninety-two. Mrs. Kennedy: Why are we waiving the competitive bid requirement? Mr. Plummer: What's it for? Mr. Joseph Longueira: All I know is that it's for audio visual equipment for the Stress courses. Eight courses are going to be put on this next year through region 14 monies. Most of the people trained will be our officers, but some will be from other agencies. Mr. Plummer: Did this go through the normal bidding procedures? Mrs. Kennedy: No, he's waiving the competitive bid requirement. Mr. Plummer: Why? Mrs. Kennedy: Why? That's what I'm asking. ill July 9, 1987 Mr. Longueira: As far as I know, because of the tithing of the issue, we lose the funds if we don't do it. Mr. Plummer: No, sir. I move that item 55 be denied. Mrs. Kennedy: I second that. Mr. Plummer: There is no way that I am going to sit here... The Manager, in the past, when he has gone above it on an emergency procedure, he has at least called three positive votes of this Commission. Mr. Dawkins: Second. Mrs. Kennedy: I did. Mr. Plummer: Hey, you are on dangerous ground when you start spending seventeen, $18,000 of City money without competitive bidding. Mrs. Kennedy: That's right. Mr. Longueira: It's not City funds, though. Mr. Plummer: It has no bearing on it. Mr. Longueira: OK, I just wanted to correct you there, though. Mrs. Kennedy: It doesn't matter where it comes from. Mr. Plummer: Mr. Manager, did they do this with your approval? Who approved this, that's what I'd like to know. Mr. Odio: I approved it. Mr. Plummer: Without competitive bidding? And what justification and rationale did you use? Mr. Odio: Since it was State funds, since the monies would be lost if we did not spend it before we met again, and I the machines. They were justified in the purchase of this equipment and, since we were not using City funds, I approved it. And I would do it again. Mrs. Kennedy: Why would the monies be lost? Mr. Odio: Because we had to spend it in a certain time frame. Mr. Plummer: Because somebody dillydallied and didn't come up with it prior to a Commission agenda. That's obviously the case. Mr. Odio: And if we had not purchased it with this money, we would have had to purchase it with our own money, so I'd rather use the State money than General Fund money. Where you're right is that we should have called each one of you and told you what we were doing. You did accept these funds on April 9th of 1987. Mr. Plummer: Sure, we accepted the funds, but we didn't waive competitive bidding. Mr. Odio: Where you are correct is in saying that I should have consulted you that I would do this, but we had a deadline by June 30th to spend the money. Mr. Plummer: I'll move that it be deferred at this time, Mr. Mayor, and let us look into it for additional... Mr. Erny Fannotto: Mr. Mayor, I'd like to speak on this, if it's all right. Mr. Plummer: Excuse me, Mr. Fannotto, after I'm... Mayor Suarez: Erny, it looks like we're going to defer it. Mr. Fannotto: Can I speak on this before you defer? 112 July 9, 1987 Mr. Plummer: I would like, at this time, make a motion that this matter be deferred for further information and justification. Mr. Carollo: I'll go along with the deferral, but I want to hear from Erny. We haven't seen Erny here in... How many years has it been, Erny? Mr. Plummer: I see him on cable. He's still with the County. Mr. Fannotto: Well, it's been quite a little while, but you know, for a minute, I thought I was back in the County Commission Chambers when I see bypassing competitive bidding. Mayor Suarez: Why don't you give us your name and address, Erny. Mr. Fannotto: Erny Fannotto, President of the Taxpayers' League in Miami and Dade County. And also President of the Homestead Tax Exemption League at Dade County, 25,000. And I want you to know we have a statewide organization that we formed with the Homestead Tax Exemption. Be in effect very shortly, but legal at this time. I'm going to have to say this here. There's a laxity in the management here for letting this go like you did and waiving competitive bidding, and I don't think this should happen again. Mayor Suarez: We didn't do it. Mr. Fannotto: What? Didn't do what? Mayor Suarez: We didn't do what you just said we did. We're going to defer the item. We haven't acted on it. Mr. Fannotto: But they said they spent it because the time was up. Where was... on the job, telling you folks what the proper time was? And that's eliminating competitive bidding. Mr. Carollo: Erny, he don't understand those legal terms, so explain it to him in Italians Mayor Suarez: So would you like us to defer it, Erny, so you can have another bite at the apple. Mr. Fannotto: I'd like to have it deferred, but I want to go on record saying that there's a laxity there and it's poor management, and very poor. Mayor Suarez: Very good. Mr. Fannotto: Yes, I'll defer it, but I do want that on record. Mayor Suarez: You won't, but you can encourage us to defer it, or suggest that we should. Mr. Fannotto: I guess you have no alternative but to defer it. Mayor Suarez: I have no alternative since we have a motion and a second. Mr. Odio: Mr. Fannotto, I thought you were a protector of the taxpayers. Is that what you're supposed to be? To protect the taxpayers? You wanted me to buy this equipment with City funds instead of State funds, is that what you're saying? Mr. Fannotto: That isn't the point. Mr. Odio: No, you are the protector of taxpayers' monies. Mr. Fannotto: No, the point about it is that you should have notified them way before the time was up and you didn't do it. Then you have to make a hurried deal. Mr. Carollo: Erny, you're right. We hope to see more of you again soon, Erny. We haven't seen you in a while. Mayor Suarez: Call the roll on the motion to defer. 113 July 9, 1987 r f The following motion Was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-669 A MOTION DEFERRING CONSIDERATION OF A PROPOSED RESOLUTION RATIFYING THE CITY MANAGER'S ACTION IN FINDING THAT REQUIREMENTS FOR COMPETITIVE SEALED BIDS BE WAIVED IN CONNECTION WITH EMERGENCY PURCHASE OF AUDIO VISUAL EQUIPMENT FOR THE POLICE DEPARTMENT; FURTHER STIPULATING THIS ISSUE IS DEFERRED FOR FURTHER INFORMATION AND JUSTIFICATION OF SAID ACTION TO THE CITY COMMISSION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 51. ACCEPT BID: LANZO CONSTRUCTION, INC. FOR FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT Mayor Suarez: Item 56. Mr. Odio: Accepting a bid for Fairlawn south sanitary sewer improvement at a cost of $1,696,293.70. Funds are from the C.I.P. The lowest bidder was R.N.R. bidder, Lanzo Construction. Mr. Plummer: How much is the penalty per day over their noncompletion date? Mayor Suarez: Still one -tenth of one percent? Mr. Odio: The one that you approved before. Mr. Plummer: One -tenth of one percent, OK. I'll move it. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Any discussion on 56? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-670 A RESOLUTION ACCEPTING THE BID OF LANZO CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $1,696,293.70, TOTAL BASE BID OF THE PROPOSAL, FOR FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT; WITH MONIES THEREFOR ALLOCATED FROM "FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENTS - FY 187" ACCOUNT, CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 351176 IN THE AMOUNT OF $1,696,293.70 TO COVER THE CONTRACT COST; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 114 July 9, 1987 Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy 'vice -Mayor J. L. Plunner, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 52. APPOINT LIZETTE SALMAN AND TITO GODOY TO YOUTH ADVISORY COUNCIL Mayor Suarez: Item 57 is Commissioner Plummer's appointment. Mr. Plummer: I name Lizette Rodriguez. That's the recommendation of my daughter. Mrs. Kennedy: Your daughter came to my house early this morning to make sure that I wouldn't forget about my appointment to the Youth Advisory Councilt Mr. Carollo: (OFF MIKE) So long as the right Plummer is making the recommendation. Mrs. Kennedy: Don't we have two appointments? Mr. Plummer: Is there one appointment or two? Ms. Hirai: One. Mayor Suarez: Sounds like your daughter has this Advisory Council pretty well controlled! Mrs. Kennedy: Yes, she does. Mr. Carollo: I think there's two appointments. Mrs. Kennedy: Yes, there are two appointments. days and today she came to my house specifically. Mrs. Kennedy: One is mine. Mr. Carollo: One is mine and the other is yours. Mrs. Kennedy: No. Mr. Plummer: No, one's mine. Mrs. Kennedy: How can we check this? She's been calling me for Mr. Carollo: My very efficient Administrative Assistant, Mary Wilson, is telling me back here... Mayor Suarez: Table item 57 until we figure out who's appointment... Mr. Odio: Why can't we have one appointment and then figure out... Mayor Suarez: Are we sure we do have one from Commissioner Plummer? Ms. Hirai: Yes, we do have one, Mr. Mayor. Mr. Odio: Yes, I'm sure it's Commissioner Plummer. Mr. Plummer: Mine is Lizette Rodriguez. Mayor Suarez: So moved. Do we have a second. 115 July 9, 1987 Mrs. Kennedy: I'm getting a phone call from a very efficient Thelma in my office saying it is my appointment. So ve'll check it. Let's table it. Mr. Odio: it's Commissioner Plummer's appointment. Mayor Suarez: Table item 57 until ve figure that one out. Mr. Carollo: Excuse me, one of my appointees resigned, I am told, and now it In definitely confirmed by Henry Jackson. So I know I have one. Mayor Suarez: Who resigned? Mr. Carollo: Thea Sullivan. Mayor Suarez: Madam City Clerk, do you have any idea who's sitting on that Board now? Ms. Hirai: Mr. Mayor, the only resignation we were aware of was Dawn's and so therefore it was Commissioner Plummer's appointment. Mr. Plummer: My daughter resigned? Ms. Hirai: Yes. Mayor Suarez: She resigned, but she wants to control the Board! Mr. Plummer: Hell, she's smart! The replacement for Dawn Plummer is Lizette Rodriguez. Wait a minute - you appointed Dawn Marie, that's right. That's what it was. Mrs. Kennedy: My appointment is my son. Mr. Plummer: I'll second that. Tito's a good guy. Mrs. Kennedy: Thank you. Mr. Carollo: My appointment to replace Thea Sullivan who resigned is Lizette Salman, Carlos Salman's daughter. Mayor Suarez: Moved and seconded, both appointments. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-671 A MOTION APPOINTING LIZETTE SALMAN AND TITO GODOY TO THE CITY OF MIAMI YOUTH ADVISORY COUNCIL. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE: TITO GODOY was nominated by Commissioner Kennedy; LIZETTE SALMAN was nominated by Commissioner Carollo. 116 July 9, 1987 53. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEWER IMPROVEMENT CENTERLINE Mayor Suarez: item S8. Assessment roll. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mr. Carollo: Third it. Mayor Suarez: Moved and seconded and thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-672 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEWER IMPROVEMENT IN LYNWOOD SANITARY SEWER IMPROVEMENT DISTRICT SR-5487-C (CENTERLINE SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 54. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEWER IMPROVEMENT SIDELINE Mayor Suarez: Item 59, confirming the assessment roll on that. Mr. Plummer: Move it. Mrs. Kennedy: Second Mayor Suarez: Seconded. Any discussion? Call the roll on 59. 117 July 9, 1987 t The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-673 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEVER IMPROVEMENT IN LYNWOOD SANITARY SEVER IMPROVEMENT DISTRICT SR-5487-S (SIDELINE SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 55. ACCEPT COMPLETED WORK: P.N.M. CORPORATION FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE II Mrs. Kennedy: Move 60. Mayor Suarez: Item 60's been moved. Do we have a second? Mr. Carollo: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 60. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-674 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION AT A TOTAL COST OF $364,468.75 FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE II IN CITYWIDE HIGHWAY IMPROVEMENT PHASE II DISTRICT H-4515 C.I.P. PROJECT NO. 341153 AND AUTHORIZING A FINAL PAYMENT OF $24,286.75. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 118 July 9, 1987 0 56. ACCEPT COMPLETED WORK: ROENCA CORPORATION FOR N.W. 47 AVENUE HIGHWAY IMPROVEMENT Mayor Suarez: Item 61. Mr. Plummer: Move it. Mr. Carollo: Move. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 61. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-675 A RESOLUTION ACCEPTING THE COMPLETED WORK OF ROENCA CORPORATION AT A TOTAL COST OF $458,555.51 FOR N.W. 47 AVENUE HIGHWAY IMPROVEMENT IN N.W. 47 AVENUE HIGHWAY IMPROVEMENT DISTRICT H-4505 C.I.P. PROJECT NO. 341104 AND AUTHORIZING A FINAL PAYMENT OF $53,811.79. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 57. EXECUTE AGREEMENT WITH WRIGHT, RODRIGUEZ, SCHINDLER, ARCHITECTS FOR NORTH DISTRICT POLICE SUBSTATION Mayor Suarez: Item 62. Mr. Odio: Is authorizing the City Manager to execute an agreement with Wright, Rodriguez, and Schindler, architects, to provide professional planning and design services for the completion of the north district police substation at a cost of $120,000. Mrs. Kennedy: Mr. Manager, this is a great firm. Mr. Dawkins: Does that add to the $5,000,000? Mr. Odio: No, sir, it does not - one penny. Mrs. Kennedy: Have you looked at other firms, or is this...? In other words, it's a very well qualified and very great firm, but what makes this firm your choice? Mr. Odio: Yes, they are qualified. They had worked on the substation concept before. We reviewed their concept and we felt that in order to save time that we didn't have time to go and explain to other professionals what we were talking about in substations and they could move right in and replace Middlebrooks. 119 July 9, 1987 f r Mr. Dawkins: As long as it doesn't add to the $5,000,000. Mr. Odio: It does not. Mr. Plummer: Wait a minute, now. How does this comply with the State architectural selection process? You can circumvent when it's an emergency. Mrs. Dougherty: Yes, sir. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-676 A RESOLUTION BY A 2/3RDS AFFIRMATIVE VOTE OF THE CITY COMMISSION, ADOPTING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY . EXISTS IN CONNECTION WITH THE PROCUREMENT OF THE HEREIN PROFESSIONAL SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WRIGHT, RODRIGUEZ & SCHINDLER, ARCHITECTS, P.A. TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR THE DEVELOPMENT OF THE NORTH DISTRICT POLICE SUBSTATION, USING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $120,000, ALLOCATED FROM THE PROCEEDS OF POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 58. PROVIDE FOR ELECTION- CHARTER AMENDMENT NO. 1: WATSON ISLAND DEVELOPMENT PROPOSALS M_____----------------------------------------------------- -------- Mr. Odio: The next one will be 66. Mr. Plummer: Which Charter amendment is this? Mrs. Dougherty: 66 is the Watson Island Charter amendment which requires a referendum for any use to be made in Watson Island. It accepts governmental facilities and governmental contracts and it also accepts existing rights of concessionaires. Mr. Carollo: Excuse me, we have Mr. John Mayers here. I don't know if he is here because of this item or, if not, if he might want to say a few words on it. He's going to do it with Watson Island Charter amendment. Mrs. Kennedy: And Bayfront Park is not for sale! Mr. Dawkins: Does this mean that the people that are there now are grandfathered in, or what happens to them? Mrs. Dougherty: If they have any rights, those rights are grandfathered in. 120 July 9, 1987 r r Mr. Plummer: They're leased as long as... Mr. Carollo: Rosario, you know why I'm keeping an open mind on Bayf rout Park still? Mr. Plummer: Why? Mrs. Kennedy: I hate to ask. Mr. Carollo: Because it's called a trust and not a foundation. Mr. Plummer: This, as I understand it, Miller, is that this will allow those that are there under present contracts to stay, such as the Yacht Club, the Outboard Club, the Chalks, and all of those. Mr. Dawkins: OK. What are we going to do, then, about quote/unqoute the Japanese Gardens? Mr. Plummer: Japanese Gardens has no vested rights. There's no contract. Mr. Dawkins: Well, now, they're ready to spend money to upgrade it. Mr. Plummer: It has nothing to do with this amendment. That's a park. As a park, we can make any amenities in a park, and if it's done, we're going to do it - the City - because their donation does not exceed 50 percent of the monies which are proposed to be spent. Joe, this is yours, do you move it? Mr. Carollo: Yes, absolutely. Mr. Plummer: Second. Mayor Suarez: Moved, 66, seconded. Any further discussion on 66? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-677 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROVIDING MINIMUM SUBSTANTIVE AND PROCEDURAL RESTRICTIONS AND SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT PROPOSALS; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1987 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 121 July 9, 1987 t f 59. PROVIDE FOR ELECTION- CHARTER AMENDMENT NO. 2: LEASE OF CITY -OWNED LAND Mr. Plummer: 67. Mrs. Dougherty: 67 is a general provision that would apply to all sale and leases of city -owned land and it says that no sale or lease could be made without a fair market return to the City and a referendum is required if you have less than three proposers, or bidders, and it excepts, also, governmental projects. Mr. Plummer: The only question I have here is: I have always been concerned about the terminology of fair return to the City. Is that more delineated in this Charter Amendment? Is that a fair return on the value of the property? Is it a fair return for the use of the property? I need to have it delineated. Fair return of what? Mrs. Dougherty: It's a fair market return and it's not delineated any further than that. Mr. Plummer: Would that be understood to be a combination of the value of real estate plus the business? Mrs. Dougherty: I think so, yes, because you'd have an appraiser that would have to, first of all, see what the right use of that property is - not necessarily the highest and best use, but the correct use - and it would be a fair market return on that. Mr. Plummer: Plus whatever business existed there. Mrs. Dougherty: Right. Mr. Dawkins: Madam City Attorney, what happens if we receive three proposals and the City turns all three of them down? Mr. Plummer: We turn them down. Mr. Carollo: Yes, we turn them down. That's it. Mrs. Dougherty: You just turn them down. Mr. Dawkins: Go back out again? Mr. Carollo: Yes, you've got to back out again, of course. It's like always, you're not bound to be stuck with anything. Mr. Plummer: Joe, this is yours, do you move it? Mr. Carollo: Yes, I move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Would this apply to what we've been calling a "use" permit? Mrs. Dougherty: No. Watson Island does have included in it any revocable permits. Mayor Suarez: Does it apply to a very small term lease? I mean there are no limitations as to what lease it is? Mrs. Dougherty: Yes, any lease of property. Correct. Mayor Suarez: Would it make sense to propose a threshold number of months or years at which this would apply? Anything in excess of a one-year lease, or two-year lease, or something? Mr. Carollo: No. I don't want to change it. 122 July 9, 1987 1 Mayor Suarez: Let me ask the City Attorney. Mr. Carollo: It's the Charter Amendment that I proposed and 1 want to leave it like that. Mrs. Dougherty: It's a policy decision. Mayor Suarez: for example, if you wanted to lease City property for just a couple of months, we'd have to follow this procedure. Mrs. Dougherty: Yes. Probably the best method to do that was just to give a revocable permit because that's what it is, anyway. Mr. Plummer: Yes, you can do that. Mrs. Kennedy: And on that same vein of City -owned property, what about a project like the Carver site, where it is City -owned, but then once we sell the homes, it really isn't? Mayor Suarez: We've exempted housing projects, have we not? Mrs. Kennedy: Oh, we have exempted housing, OK. Mr. Plummer: Yes. Or City projects. Mrs. Dougherty: Correct. Mr. Carollo: City, State or County. Mayor Suarez: Or any governmental entity. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-678 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 2, TO PROHIBIT ANY SALE OR LEASE OF CITY -OWNED PROPERTY WHERE THE RETURN TO THE CITY UNDER SUCH SALE OR LEASE IS LESS THAN FAIR MARKET VALUE AND TO REQUIRE THAT A REFERENDUM BE HELD WHEN THERE ARE LESS THAN THREE (3) PROPOSALS RECEIVED FOR A PROPOSED LEASE OR SALE OF CITY -OWNED PROPERTY AND TO PROVIDE EXEMPTIONS FROM SUCH THREE (3) PROPOSALS AND REFERENDUM REQUIREMENTS FOR CERTAIN CITY AND/OR GOVERNMENTAL PROJECTS; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1987 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (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- 123 July 9, 1987 r #I AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 60. PROVIDE FOR ELECTION- CHARTER AMENDMENT NO. 3: PREFERENCE TO LOCAL VENDORS Mayor Suarez: Item 68. Mr. Plummer: What does that do? Mrs. Dougherty: This is the one that will give local preference to bidders who bid within 10 percent of the lowest bidder. So if you send something out for bid and it's within 10 percent of the lowest bidder but you're local, then you'll have preference. And it a "may". Mr. Plummer: Does local mean City of Miami? Mr. Dawkins: No, no, this says local vendors or contractors situated in the City will get preference in the award of City procurement contracts. And you're saying if they're what, now? Mr. Plummer: If they're in the City. Mrs. Dougherty: If they're in the City and they're within 10 percent of the lowest bidder, then they have a preference. It's within your discretion. Mr. Plummer: Which surely will help out the minority contracts. City, inside of the City. Mr. Dawkins: And the City means City. It doesn't mean the city of Hialeah, or the city of Miami Beach. Mayor Suarez: Is there any delineation or indication of what being in the City means in this sense? Mr. Plummer: Inside the City limits. Mr. Carollo: City limits. Mayor Suarez: But having an office, a storefront, or what, in the City? I'm just afraid of people just renting space for a couple of months, putting up a sign and saying they are in the City. How do we distinguish whether it's a... Mr. Dawkins: Whatever Dun and Bradstreet say the residence are, we'll accept that. Mr. Plummer: No, I think he makes a good point. If they have a main office in Chicago, but they just open up a storefront here to do the bidding. Mr. Carollo: Got to be their main outfit's got to be in the City. I think that wording's got to be included in there. Mr. Dawkins: (OFF MIKE) And Dun and Bradstreet tells you where the main offices are. Mr. Plummer: Primary office. Mrs. Dougherty: Primary office located in the City. Mr. Carollo: You think Dun and Bradstreet are going to find anything on most of the companies that will be bidding? I doubt it. They won't be listed in Dun and Bradstreet. 124 July 9, 1987 Mr. Plummer: Primary office. Mr. Dawkins: (OFF MIKE) But, I'm saying, though, people like Linbeck, Dun and Bradstreet tells you that he's located in Texas and all those big firms Mayor Suarez: For major contractors we certainly could use Dun and Bradstreet but for most of the ones we deal with we'd have to come up with a trade journal, or something else. OK, what's the proposal? You want to say the primary location? Mr. Plummer: I think that it should state primary office. Mr. Carollo: Yes, primary office. Mayor Suarez: With that modification... Mr. Plummer: Move it. Mayor Suarez: Mover and seconder accepts it. You'll be able to come up with the wording, Madam City Attorney? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-679 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 3, TO AUTHORIZE PREFERENCE TO BE AFFORDED VENDORS AND/OR CONTRACTORS WHOSE PRIMARY OFFICE IS SITUATED IN THE CITY IN THE AWARD OF CITY PROCUREMENT CONTRACTS; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 1987 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 61. DISCUSSION OF PROPOSED CHARTER AMENDMENT NO. 5- CITY SHOULD NOT FUND CONVENTIONS WHICH BRING GOVERNMENT OFFICIALS FROM COMMUNIST OR APARTHEID COUNTRIES Mr. Carollo: Before we proceed to 69, I would like to bring another Charter amendment up again and I'll just read it. We had a first reading approval but the second was not approved, so we'll try one more time and, if not, then it won't be up to this Commission at this time. I'm going to modify this 125 July 9, 1987 slightly from what it was before. It was Charter amendment number five to prohibit the use of City funds in support of any multinational conference held in the City, where governmental officials from Communist or Marxist nations, or nations that have apartheid have been scheduled to participate in or attend such conference. Mr. Plummer: The only modification is apartheid? Mr. Carollo: Yes, we are including nations that have apartheid. Mr. Plummer: All right, I am going to second the motion now. Under discussion, for some reason, I don't know why the media did not pick up - I stated it before, but I am going to state it again. The reason I am voting for this motion is, is because this City is in a complete state of misunderstanding, as far as I am concerned. This City operates and continues to operate on a straw ballot, which in fact, straw ballots are never binding. I have full faith in the credit of the people of this community who will speak to the issue in a referendum of mandate. We represent those people. I think had this thing had been binding and if in fact it had been of a positive nature, I don't think we would have had any problem with Sister Cities, because we would have known, there would have been no questionable area, but every time now that this thing comes up, "Well, there was a straw ballot and It wasn't binding, but it is this, or but it is that." And I think that we need to make it clear what the people, the taxpayers of this City want this Commission to do. If they don't want to have that as a binding obligation upon this Commission, let them so state, and I think that's probably what would happen. I'm not sure of that, but I think this matter needs to be clear. It is not to me, nor do I think it is to the Administration, what'do the people of this community want, and then this Commission can govern itself accordingly in the future. I'm just saying to take it out of the area of questionability and put it into the area of full understanding, so that in the future we can make it known what is the desire of the people that we represent. That's why I have seconded this motion. Mayor Suarez: Are you saying, or are you implying under this amendment if passed, the Sister Cities convention could not have taken place in Miami? Mr. Plummer: Mr. Mayor, had this thing been in effect as a mandate of the public, no, sir, they could not have taken effect, all right, sir? That's why a year before that convention, when I went out to make a bid... Mr. Carollo: J.L., excuse me, let's clarify something. Mr. Plummer: Yes. Mr. Carollo: Let's clarify something, because we are falling to the trap the Miami Herald has been trying to lay. They could have attended, whether this was passed, Charter amendment or not. Because no one can stop anyone in coming to Miami, whether it is on vacation, on a convention, or a conference or anything else. The only thing it would have made crystal clear was, that City of Miami funds could not be spent in helping in any which way or manner, bringing that convention to Miami, but they certainly could have come, they certainly could come now. The only thing that has been said is that City of Miami funds, City of Miami taxpayer's funds would not be spent, based on the majority of the votes of the citizens of Miami, as they voted in 1982, where 76 percent voted and said they did not want their funds spent on conferences or conventions such as these. Mr. Plummer: Well, Joe, to answer the Mayor's question, as we well know, that had the Sister City not got the funds, they would have not been here, so to answer your question, Mr. Mayor, the answer is yes. All I am saying is, that there is not a clear cut mandate from the people we represent. There was a straw ballot. I am saying to put this out to a mandate and let the public decide if they don't want City money going for that purpose, then that establishes the policy, and that is itl Whatever the Herald wants and the News wants, that is fine, but we don't represent the Herald and the News, we represent the taxpayers of this community and I am saying that that policy that it stands today is uncertain. Let's get a mandate. Mr. Carollo: There is a motion, there is a second. Mayor Suarez: We have a motion and a second. Any further discussion? 126 July 9, 1987 Mr. Carollo: No further discussion. Mayor Suarez: Call the roll. MOTION DEFEATED. On motion by Commissioner Carollo and seconded by Commissioner Plummer, the foregoing motion was defeated by the following vote: AYES.. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez ABSENT: None ON ROLL CALL: Mrs. Kennedy: I'm going to be consistent, I voted against it the first time, I vote no. Mr. Carollo: Well, gentlemen and lady, again, I tried as best I can to give the people of Miami the opportunity to vote on this. No one here was asking any member of this Commission to be in favor of this, or not to be in favor of this. It is just a simple question of letting the voters of Miami decide. Apparently this is an issue that some are so petrified to be democratic about it and to let the majority of voters that pay tax in this community to decide and the only alternative that is left is to follow the route of people power and let the people of Miami show their power by the people of Miami going out as has been requested of many people that have called me, in forming a committee and organizing themselves to get the signatures so I assure you that by the next time that we meet in the first meeting of September, after a recess in August, you will be submitted with enough signatures so then by law you will be forced them to place it on the November ballot. Mr. Dawkins: I'd like to go on record by stating that the straw ballot was loud and clear. The members of this Commission heard the voters with the straw ballot and at no time since the straw ballot was passed has any member of this Commission voted to expend any tax dollars to support any Communist thought actual affair, or what have you, and I couldn't do that any more stronger or any less stronger with a referendum, than I am doing with the straw ballot, and I'd like for that go on record. 62. FIRST READING ORDINANCE: ESTABLISH BAYFRONT PARK MANAGEMENT TRUST. Mayor Suarez: Item 69-A. Mrs. Kennedy: Mr. Mayor... Mayor Suarez: This is two alternatives, is that what we have got? Mrs. Kennedy: Yes, that is what we have before us. Mr. Plummer: Yes, A and B. Mrs. Kennedy: We have an ordinance and we have a Charter amendment. I don't think that we need at this point the Charter amendment, because we decided that we do not want the Trust to be self-perpetuating. So, let me just go over some of the changes that I don't... I believe that you don't have. We have been working extensively with the City Attorney, Alan Greer, and myself, and based on your remarks at the last meeting, this is what we are proposing - a 15 member board, we will submit the 30 original names. This Commission will pick the 15 board. The Trust will appoint the chairperson. The Trust will keep the responsibility for maintenance and operation of the park, whether we give it to Rouse, or to the City of Miami... hold on, and we will talk about that later, let me just over the changes, J.L. The Commission will have approval on an annual basis of the budget. The Trust will nominate the executive director with confirmation by this Commission. 127 July 9, 1987 Mr. Plummer: Confirmation or veto? Mr. Carollo: Excuse me, Rosario. You pant all 30 members? It seems in the... Mrs. Kennedy: No, we can live with 15 if that is your pleasure. Mr. Carollo: Well, I know you were carefully reading the Herald editorial this morning on that. Mrs. Kennedy: I read the Herald editorial every day. Mr. Carollo: And... well, I am sure you do, but... Mrs. Kennedy: And the News and any other papers that I get. Mr. Carollo: But, anyway, since you were reading this one especially close today, I know that there was a lot of resentment from some of the people on the committee, as far as wanting all 30. If you want to include the 30, I would have no problem including the 30. Mrs. Kennedy: OK, great. I think so. That will be much better for us because these people have been meeting and... Mr. Carollo: I figured that would be the case. I don't want that group... Mrs. Kennedy: OK, good. Mr. Carollo: ...of nice people from The Miami Herald and their allies on the committee to say that I want to exclude them from the committee, so you can change that 15 and put 30, if you want. Mrs. Kennedy: Good, great. Mr. Plummer: Then you lose me. Mr. Carollo: And we are not limiting them living anywhere, as the editorial suggested. They can live anywhere they would like to - Coral Gables, South Miami, West Palm Beach, you know... Mrs. Kennedy: Great. Mr. Carollo: Or should I say, excuse me, I am insulting some people - Palm Beach! Different areas. Mrs. Kennedy: OK, we would like the residency requirement, or the principal place of business in the City of Miami, as we have in many, many other boards. Mr. Carollo: Excuse me, you were saying that we are not requiring, or you...? Mrs. Kennedy: We will have... Mr. Carollo: You want it required or not? Mrs. Kennedy: ... either residency or principal place of business. We have no problem with having just the principal place, or being a resident of the City. Mr. Carollo: You don't have to mention that, if you don't want to, and that is just like you don't want it from the start. I am here to please you all. Mrs. Kennedy: Thank you very much. Mr. Carollo: And I don't want the Herald to say that... Mrs. Kennedy: That you're a good guy. Mr. Carollo: And I don't want the Herald to say that this something personal. Mrs. Kennedy: Good. Mr. Carollo: Whatever the Herald wants to do, I am going to go along with it. 128 July 9, 1987 0 Mrs. Kennedy: Wonderful! I trove 69-A. Mr. Carollo: I Second the motion to place it in... UNIDENTIFIED SPEAKER: 69-9. Mrs. Kennedy: 69-B, OK. Mr. Carollo: ... in a Charter amendment, correct? Mrs. Dougherty: As amended, Commissioner. Mrs. Kennedy: No, no, 69-A, in the ordinance. Mr. Carollo: 69-A, this Mould be a Charter amendment. Mrs. Kennedy: No, there is no need for the Charter amendment, because... Mr. Carollo: Whatever in here is the Charter amendment. Mrs. Kennedy: Well, it is backwards in the agenda. Mr. Carollo: No, no, excuse me, excuse me. The only way that I am going to along with it is if we give it to the people of Miami to decide. Mr. Plummer: He knows what he is doing. Mrs. Kennedy: I knew it was too good to be true! (LAUGHTER) Mr. Carollo: Oh, are you telling me... wait, wait! Mrs. Kennedy: I knew there had to be a catch! Mr. Carollo: This is what it says heref This is what it says here, Charter amendment for the people of Miami to decide in an election. Now, you're not to tell me that all you fine people with The Miami Herald are afraid to let the people of Miami decide! Boy, I tell you, they have the nerve in that newspaper, and I am being kind calling it a newspaper, to talk about democracy and have editorials after editorials, telling heads of states of other countries how they have to conduct their countries, and these people don't even know what the beginning of democracy is, because they are petrified to let the voters of Miami vote upon anything that they know they cannot win in an election. They only want things to go to a vote when they have the deck stacked on their side, but anything they feel they cannot win, then forget about democracy. You know, it is going to be a strong newspaper form of government. All right, if you want my support in this, as I stated, and as there is what is being required here, of us, in this resolution it says it clear here: "Providing for a special municipal election to be held on the 3rd day of November for the purposes of submitting Charter amendment number four." I would include everything that you all wanted, as long as it is submitted to a vote so that the people of Miami can decide. I have no problem with the people of Miami deciding. Mrs. Kennedy: OK, let me just hear from Alan Greer, the chairman of the Trust. Mayor Suarez: Alan. Mr. Alan Greer: Mr. Mayor, members of the Commission, Alan Greer, 25th floor, One Biscayne Tower. Mr. Carollo: Excuse me, Alan. Also home address, please. Mr. Greer: Home address is 224 Ridgewood Road. Mr. Carollo; And that's...? Mr. Greer: Coral Gables. 129 July 9, 1987 0 • Mr. Carollo: Coral Gables. Thank you. Mr. Greer: Mr. Mayor, if the Commission wills that goes to the vote of the people, I would have no problem with letting them decide, one way or the other. Mayor Suarez: I gather the reason it was proposed as an ordinance, alternatively, is that this Commission seems to have expressed last time around that we discussed this, a desire to be able to, at any time, abolish the Trust. Mr. Greer: That's correct. Mayor Suarez: If that is the case, you almost end up with an ordinance even if you build it into the Charter, and no, you may as well go with the procedure that can at anytime be changed by simple ordinance, so I... Mr. Greer: I am happy with either... whatever the Commission prefers, ordinance, or Charter amendment. Mr. Carollo: Alan, I'm happy and satisfied with whatever the people of Miami want. Mr. Greer: If it is the will of this Commission, ordinance is... Mr. Carollo: See, I, unlike some that claim that they believe so much in democracy, and then act differently, I believe in our system, and I know that the people of Miami are going to vote for what is right, so I have no problems in submitting it to an election. I do have a problem in submitting it through a political process that is not going to give to the people of Miami the opportunity to decide. It is their park, not ours. Mr. Greer: Mr. Commissioner, it is my understanding that the five of you are the elected representatives of the people and the people have designated you as the ones to exercise those rights and that authority. Mr. Carollo: Yes, Alan, you are correct, but the problem is that many public officials nowadays forget that government officials after they are elected are the servants, not the masters of the people, and that is the problem that we will be having. We are the servants and just like we're shown here today already, that the will of the people, and 76 percent vote for something, is not respected, That is what I am talking about. That's when we become the masters and not the servants of the people. Mr. Greer: Mr. Commissioner, with all due respect, I don't think that issue should cloud the issue of what is best for the City of Miami and its Bayfront Park, which is what we are seeking to accomplish. Mr. Carollo: We are not clouding the issue, Alan. What we are saying is that everything that you have asked, and your committee from day one, we are going to give you the opportunity to place it in a ballot, like you originally requested to happen, and let the people decide. Mr. Greer: Mr. Commissioner, I will be happy to go with either direction, whatever the will of this Commission is. If this Commission wants the issue placed on the ballot, I will be happy to go that way. If this Commission, in its wisdom, for purposes of insuring control of the Trust wishes to have it as an ordinance, I will be happy to go that way. All I am interested in is what is best for the park and the City. I have no vested interest, and if the fact that I live in Coral Gables is a problem, I will be happy to step aside and let any other individual this Commission wants, take over the job that I have been doing, because the issue... Mayor Suarez: Alan, what does each of the two resolutions say regarding residence? Mr. Greer: Both have the same language, which is either residency, or principal place of business in the City of Miami. I am a resident of another city, my principal place of business is in the City of Miami. 130 July 9, 1987 Mr. Plummer: Well, I've got to tell you, the way this thing is right now, it is completely befuddled. I thought that this was going to be withdrawn as an ordinance or as a Charter amendment and be put into a ordinance, and I think it was the Mayor who rightfully said that in no way was he ever going to advocate the authority of this Commission to another governing body and because of that, that was why we would handle it in the way of an ordinance, so that we could at any time remove from that Trust, or whatever you with to call it, that situation. I think there are some other very significant factors and I was willing to vote on it today as on ordinance for first reading. Mr. Greer: I'm happy with that. Mr. Plummer: Well, but let me make my points. As you know, I made them last time, and I guess I've got to reiterate the points that I made before. My bottom line is that if in fact there is going to be a Trust and they are going to have the authority over the park, then they are going to have to assume the liability of operating and maintenance. Mr. Carollo: They are not willing to do that. Mr. Plummer: Well, don't say that, Joe. Let me tell you what Mr. Greer told me this morning, and sometimes things have a strange way of moving. As we know, the Decoma has the prohibition above the 4,000 seating and Mr. Greer, you correct me if I am wrong, it was my understanding he received a call last evening from Decoma... Mr. Greer: I actually met with the representatives. Mr. Plummer: Met with them, who now have indicated a desire to sit down and talk about the possibility of jointly going in and doing the park, and I think maybe that might be the best of both worlds. Mr. Greer: One correction, Commissioner. No private contractor that I have talked to is interested in having the whole park. They are interested in having the amphitheater. Mr. Plummer: Well, of course, you know that is only a part of the park and we, the Commission, have to worry about the maintenance of all of the parks. Mr. Greer: That's correct. Mr. Dawkins: Let me throw something out for thought. Why is Decoma willing to accept responsibility for paying for a part of the amphitheater and they won't accept responsibility for providing some parking for the heat. Mr. Carollo: Because that won't give them any additional monies. This will. Mr. Plummer: Well, but I think there is another point that is important here and that is the fact that the Decoma is the only one right now with a hammer that says we can increase it from 4,000 to 10,000 seating, which then makes it financially feasible. The amphitheater... Mr. Carollo: No, no... Mr. Dawkins: Miller Dawkins is one who don't want an increase also. Mr. Carollo: No, no, because we can't afford for that to hurt the Knight Center any more than the Knight Center is hurting. Mr. Dawkins: That's right! And Gusman. Mr. Carollo: And Gusman, you're right. Mr. Plummer: Well, OK, I think there are some other very important factors that I brought out in the last meeting. That is that I would at all times demand that this Commission would appoint all of the members, the 15. This Commission would take a recommendation from you, but retain veto power over who the chairman is. This Commission would take your recommendation as far as executive director is concerned, but still keep veto power. Mr. Greer: Commissioner, I can live with all those. 131 July 9, 1987 Mr. Plummer: I just really don't think that 30 members is a feasible board. I really don't. I don't know of any board that exists in the State of Florida that has 30 members. I can't envision that you could ever get anything accomplished, and the bottom line that I am concerned about, is I have expressed from day one, is the cost of operation, which then will have a big bearing on free use by local talent. Now, I am almost to the point right now, of thinking that it would be worthwhile, since we are talking about an ordinance, to defer and give you the right to go, you and whoever else of that Trust, to go sit with Decoma to come back and see if there isn't something that can be done; or I will pass it on first reading, but with the full understanding that second reading does not come about until such times as those negotiations have taken place. Mr. Greer: Mr. ... Mr. Carollo: How can you pass it on first reading as an ordinance, when you haven't even had the question if they can go over 4,000 been settled, and that is only with Decoma. It doesn't mean how some of us might feel here. Mr. Plummer: OK, I understand that, Joe. Mr. Carollo: On the other hand, even if that is answered, you don't even have the answer from them that they are willing to take the full financial responsibility. Mr. Plummer: Well, I have stated before, and I will state again, that that was what I was going to give them the opportunity between now and the second reading to come up with. Mr. Carollo: And then, even if they say they are willing to take the full financial responsibility, you know, if they default and they can't handle it, you know, we are stuck with paying that for that year or a couple of years. Mr. Plummer: Well, Joe, we are stuck with the liability if the Trust doesn't come about at alll Mr. Carollo: Of course. Mr. Plummer: All right? But here again, then we will be making the decisions and we will then take full responsibility for praise, or slapping us down. Mr. Carollo: Yes, but the question is, in the meantime, if there is bad management, how many more hundreds of thousands of dollars, or maybe millions would it cost us? What if the Trust decides they want to buy all Noguchi's latest collections and every other fifty feet, you've got a million dollar statute? We are stuck for that, my friend. Mr. Plummer: Joe, I think... Mr. Carollo: And the Trust could legally do something like that, even if it is so far fetched. Mr. Plummer: Joe, I hate to argue when I somewhat agree with you, but I think that could be controlled through the budgetary process, OK? They have a budget, they would have to live within a line item budget and that could be the prohibition against them spending any great sums of money. Mr. Carollo: I would prefer in going with their original request, in putting it up as a Charter amendment, up to the vote of the people of Miami. He said he still would like that, he don't mind. I think this is the easiest way. This way we can't be accused of anything but doing what they had asked of us from the beginning. Mr. Plummer: Well, let me disagree with you there, because in their original amendment, it was 30 members. We assume all of the liability for any actions that they take. Mr. Carollo: If the people of Miami want that, hey, you know, it is their city. Mr. Plummer: Joe, I am sorry, I can't... 132 July 9, 1987 Mrs. Kennedy: We changed a lot of the original requirements. Mr. Plummer: I can't go with that, I am sorry. Mr. Carollo: If the people want that, it is their city. Mrs. Kennedy: OK, the Manager has a question. Mr. Odio: Mr. Mayor, before we continue talks with Decoma, which I have done, and they have done, is it legal, Madam Attorney, to be able to have them manage the amphitheater we have going out for an R.F.P.? Mrs. Kennedy: No, we need to go out. Mr. Odio: Wait, wait, What I mean is... Mrs. Kennedy: What Mr. Greer is saying if they should be the successful bidder, but we need to go out... Mr. Odio: ... should they be successful. Well, we need to put that in writing. Mr. Plummer: The only one you can negotiate with, in reality is Decoma, because they are the only one that can lift the prohibition to make it feasible, OK? Mr. Odio: The question is, can we put in the R.F.P. that whoever manages the amphitheater can relieve us of the 4,000 seat limitation? Mr. Plummer: No, they are not going to do that, that is their hammer. Mr. Ernie Fannatto: Mr. Mayor, I'd like to speak on this. Mr. Carollo: Excuse me. Mr. Greer: It seems to me that given the concerns of various Commissioners, that an ordinance that would vest political control in this body of the Trust, is the way to go, if... and that is the way I would prefer at this time. If, however, the Commission decides otherwise, as second best, I would take the Charter amendment. Personally, I would strongly recommend that you go the ordinance, to handle many concerns bf various members of the Commission, because I think that retains... Admittedly, we are an unproven entity and I think people are concerned, the Commission is concerned, can we perform and it wants to have the assurance that if there is any problem, they can move in and halt those problems. Mrs. Kennedy: You know that historically, people vote against Charter amendments and sure, we could mount a campaign which would be like another political campaign, but you know, let's face it, it is a reality that Bayfront Park exists. The park is going to be used, it is going to be functioning and you know, here we have a group of people who are willing to take that responsibility off our shoulders. The alternative is for the City to manage the park and I think all of us are well aware - and I don't think that we want the City to do that and, you know, I think that to have a committee which is appointed by us, controlled by us, whose budget we will approve every year, I think it is a magnificent thing that we have, and I tell you, I would like to see this pass as an ordinance today. And I so move. Mr. Fannatto: Mayor, with your... Mr. Carollo: Can we hear from Mr. Fannatto that has been patiently waiting? Mayor Suarez: Commissioner Kennedy moved it, I second it. Go ahead, Ernie. Mr. Fannatto: Ernie Fannatto, president of the Taxpayers League... Mr. Plummer: Wait, whoa, Ernie. There is a motion on the floor, moved by Commissioner Kennedy, an ordinance. Is it the one that is marked "draft"? Mrs. Dougherty: Yes, it is. 133 July 9, 1987 Mr. Plummer: OK. There is an ordinance on the floor as proposed, moved by Commissioner Kennedy, seconded by the Mayor. Mould you read the ordinance? And then we will go into discussion. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Mr. Fannatto... I'm sorry, Commissioners first. Mr. Carollo: Does it talk about who is going to be responsible? Mr. Plummer: Excuse me? Mr. Carollo: Did it talk about who is going to be responsible for the finances? Mr. Plummer: Would the maker of the motion like to answer the question? Mrs. Kennedy: I think that at this point... well, first of all, there is a line item in the budget. The park should not be self supporting and we said this from the very beginning. Alan, if you want to address that at this point. Mr. Carollo: That answers my question. It is not included. Mrs. Kennedy: OK, but we are willing to raise money for the management of Bayfront Park; however, we do not want, and cannot take full responsibility... Mr. Carollo: Like the group was willing to raise money to pay for so much in Bayfront Park and how much was raised? Mr. Greer: Several millions of dollars. Mr. Carollo: How much, J.L.? Mrs. Kennedy: I think that we have raised quite a lot of money... over $1,000,000. Mr. Greer: Several millions of dollars... Mr. Plummer: Right. Mayor Suarez: All together, yes. Mr. Greer: ...of private funds have gone into that park. Mr. Carollo: That's not what has been given to us. Mr. Plummer: Well, look, the statement... Mayor Suarez: The problem is that they announced a fund drive at one point and only came up with $30,000 or $40,000. Mr. Plummer: Well look, the statement, Alan, that was made before this Commission, is not a truism, all right? The statement made here was when this Commission approved to proceed, that not a penny of taxpayer's money would go into this park, OK? That was the statement made, so the statement didn't hold true. That is what Mr. Carollo is stating. Mr. Carollo: Yes, and not only that, but the few dollars that had been raised, every time - or should I say, most of them promised - every time that some group don't get what they want, they threaten to take their marbles and walk away. "Then we won't give our money that we promised, if we don't get this." Mr. Plummer: Mr. Fannatto. Mr. Fannatto: Ernie Fannatto, president of the Taxpayer's League, Miami and Dade County, and the Homestead Tax Exemption League, that is twenty-five thousand. Commissioner Carollo, you are right on target when you say let the people vote. The people own the government, the people finance the government, they should have the last say. Now, I am a little concerned about 134 July 9, 1987 this Bayf rout Park. I don't live far from there. I go there every other day and watch what goes on. I don't think they are going to be successful, and you know why? Mr. Plummer: Why? Mr. Fannatto: They are just not selling their products that is going to make the park pay. The only thing that I can see that is paying, is the restaurants, the eating. The rest are not paying, they are just empty, and the package... Mr. Plummer: Are you speaking to Bayside, or the park? Mrs. Kennedy: You are talking... Mr. Fannatto: I am talking about Bayside. Mr. Plummer: We are not... Mrs. Kennedy: This is a different issue. Mr. Plummer: Ernie, would you speak to the subject matter. Mr. Fannatto: I know, but we are going to broaden it by going into the park, and I hope we don't make the same mistake. Mr. Plummer: No, no, no. Excuse me, Ernie, I am not going to let you broaden it. Mr. Carollo: Hey, wait a minute. Gentlemen, gentlemen, Ernie has not been here for a couple of years. Mr. Fannatto: All right. Mrs. Kennedy: Oh, nol Mr. Carollo: And he has that prerogative to cover all the bases now. Ernie, go ahead. Mr. Fannatto: All right, let's go on. Mr. Plummer: Commissioner Carollo, are you requesting that Fannatto be able to speak? Mr. Fannatto: I am bringing that out because I think that is going to go under the hammer. I think it is going to be four months hurry, and eight months worry and... Mr. Plummer: Put the clock on. Mr. Fannatto: ... I think it is going under, but I don't want to see the thing broadened into the park, that is what I am talking about now. Mr. Plummer: Turn the two minute clock on. Mr. Fannatto: I don't want to see members selected by you Commissioners. It may turn out to be a good board. It may be a political board. Now, there is a difference between a political board and a business board. You know, if it is going to turn political, it may not pay at all. Mrs. Kennedy: Ernie, let me answer that question for a second on that fear. We have selected... the Trust consists of 30 members. This Commission said at the last meeting that it is willing to look at the 30 members, out of which they will pick 15. It is not that they are going to come out, or we are going to come out with appointments. They are going to select the appointments out of 30 members. Mr. Plummer: No, it is 15. Mrs. Kennedy: Yes, the 15 out of the 30. Mr. Carollo: All pillars of the community, Erniel 135 July 9, 1987 Mrs. Kennedy: So it is not going to be political, believe me. Mr. Fannatto: And another thing, I hear members can be in Palm Beach, or here... no, I want the people who are going to make decisions in the City of Miami live in the City of Miami. I want these are the people that will assume responsibility. I don't want people that live in Palm Beach, here and there that are only selected for political purposes. Now, we've got the same thing with the transit system... Mr. Plummer: Yes, or executive director. Mr. Fannatto: I know I am bringing in different things. Clara Oesterle is selecting people in the transit department, then they come out... Mr. Plummer: Ernie, your time is up. Mr. Fannatto:... and vote on the same thing, but I am just going to end up by saying you abide by the wishes of people. Do it right, do it the right way, let the people have the last say. They finance the government, they own it, they are the ones that should have the say. Mr. Plummer: Thank you, Mr. Fannatto. Mr. Carollo: Thank you, Ernie. Mr. Dawkins: Under discussion. Mr. Plummer: Under discussion, Commissioner Dawkins. Mr. Dawkins: I would have voted for this, and I could have supported it with the amendments that the Commissioner started out with. Now that they have gone back to the original 30 members and etc., I have to go back to my original position, and I will not be supporting this. Mr. Greer: I think we are not at 30 members, Commissioner Dawkins, we are at 15. Mr. Plummer: This draft calls for 15, but it doesn't contain all of the rest of the provisions which we put in at the last meeting. No, it does not. It does not speak to... Mrs. Kennedy: Fifteen people appointed by this board. Mr. Dawkins: Fifteen? Mr. Plummer: All right, is there any further discussion before this... Mr. Carollo: Well, you know, this is still going to create a problem. How to pick 15, because out of the original 30, eighteen don't live in the City of Miami... Mr. Plummer: No, this Commission will appoint all 15. Mr. Carollo: ... and one is trying to move. Mr. Plummer: No, this Commission will appoint all 15, right, Madam City Attorney? Mrs. Dougherty: Yes. Mr. Greer: That's correct. Mr. Plummer: Right. This Commission will still retain the right of veto over the chairman and veto over the executive director. Mr. Carollo: But, excuse me, this ordinance allows them to live anywhere they want to. Mr. Plummer: Allows them to live anywhere they want, but principal businesses has to be in the City, if they don't reside. 136 July 9, 1987 Mr. Carollo: 'Yes, in other words, make your money in Miami, and go and enjoy it and spend it somewhere else, OK? Mr. Plummer: well, Joe, I have stated from the beginning, and 1 will state again, I am going to vote on this ordinance on first reading today, but an awful lot has got to be done before second reading, including... Mr. Carollo: I think Anne Marie wants to make a statement. Go ahead, Anne Marie. You need to make a statement, or? ... come up here. Mrs. Kennedy: I don't think she does. Mrs. Adker: (OFF MICROPHONE) All lI was doing was "amen-ing" what you said. Mr. Carollo: Thank you, Anne Marie. Mrs. Adker: (OFF MICROPHONE) ... both local governments, the County and the City. Mr. Carollo: Thank you. Mr. Plummer: I'd like to ask a question at this time. Is Mr. Kenzie still here? Is Mr. Kenzie still here? I would like to know how we are coming about of quoting rental fees for Bayfront Park amphitheater, or Bayfront Park is already in existence. This Commission has not set the fees. Mr. Kenzie: (OFF MICROPHONE) There has been no authorization for any quotes of fees that I'm aware of. Mr. Plummer: Well, there has been a quote and that is what bothers me. Mr. Plummer: Mr. Kenzie, I would like to know why someone within your staff is out quoting fees for Bayfront Park, which isn't even completed. Mr. Kenzie: (OFF MICROPHONE) I am not aware that anyone is quoting fees. Mr. Plummer: Well, Kitty Roedel quoted a fee to the Hispanic Heritage Committee to using of the park, of $2,000. Now, the immediate... Mr. Kenzie: I don't know how that could be possible, since the fee structure hasn't been set. Mr. Plummer: That's what I thought. It would be impossible because this Commission has not set that fee yet, and we set all fees. Mrs. Kennedy: We will talk to Kitty and find out whe she... Mr. Plummer: Well, let me tell you their immediate response: "That's great, because the Dade County Auditorium is air conditioned and covered over. We don't have to worry about weather and it only costs nine hundred." Now... Mrs. Kennedy: Well, she did not do it with the board's authorization, nor the D.D.A. Mr. Plummer: Well, this board is not in existence now, and that's why I want to know why somebody out of the D.D.A. is quoting fees! Mr. Kenzie: I'm not aware of it, Commissioner, that she is, and I will check it out and I will let you know. Mr. Plummer: Would you please report back? Would you speak to Mr. Eloy Vazquez also, who got the quote? Mr. Kenzie: I will do that. Mr. Plummer: And I'd like a memo back to this Commission with understanding. Mr. Kenzie: I will do that. Mr. Plummer: All right, any further discussion? Hearing none, call the roll, that is on an ordinance that we have before us, marked, "draft." 137 July 9, 1987 Mrs. Dougherty: With the change in it that you will also confirm the nomination of the chairperson. Mr. Plummer: No, Ma'am, not confirm. We will have veto power. Mrs. Kennedy: Veto power. Mr. Plummer: Over both the chairman and the executive director, and of course, everything else, as it relates to budget and things of that nature, is understood. Mrs. Kennedy: Veto... Mr. Carollo: Yes, but again, we might have that, but whatever liabilities, we are getting stuck with them. Mr. Plummer: Joe, I've said before, they've got a lot of work to do before second reading to get my favorable vote. Mr. Carollo: Yes, but how in the heck can you even approve a f irst reading Where there are so many holes left? And I would just as soon... Mr. Plummer: Because... Mrs. Kennedy: How many things have we approved today on first reading? Mr. Carollo: I would just as soon defer it and, you know, let them come back and see what is going to happen. Mrs. Kennedy: Didn't we just approve on first reading Guy Sanchez, the utility company's without any idea...? Mr. Carollo: Just the fact that they are petrified to put it up for an election should tell you something in itself. Mr. Plummer: Any further discussion? Mr. Carollo: You know, the pillars are afraid that you know, Hercules is going to come and it is all going to crumble in. Mr. Plummer: Any further discussion? Call the ... Mr. Carollo: Like the old library. Mr. Plummer: Any further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE OF THE CITY OF MIAMI COMMISSION CREATING AND ESTABLISHING THE BAYFRONT PARK MANAGEMENT TRUST; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR QUALIFICATIONS OF MEMBERS; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE TRUST; PROVIDING FOR THE POWERS; PURPOSES AND DUTIES OF THE TRUST; PROVIDING FOR THE APPOINTMENT, TERM, QUALIFICATIONS, GENERAL POWERS AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR; PROVIDING FOR RECEIPT OF PRIVATE CONTRIBUTIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Was introduced by Commissioner Kennedy and seconded by Mayor Suarez and was passed on its first reading by title by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Miller J. Dawkins ABSENT: None. 138 July 9, 1987 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Carollo: I vote no for all the reasons stated and many more that have not been stated. Mr. Plummer: I vote yes with the full understanding that a lot of work and a lot of things have got to go into this thing. I am not happy with it as it is drawn. I am giving you first reading to give the intent that we would like to proceed, but you have got a lot of work to do before you get my favorable vote on second reading. Mr. Greer: Clearly understood, Commissioner. Mayor Suarez: Thank you, Alan, for your presentation. Mr. Carollo: Can you find out for me, my good colleague, the Vice Mayor, if Coral Gables allows people who live in the City of Miami to be on their boards? Mr. Plummer: That is a good question. That's a good question. Joe, I was the one who thought that the policy of this Commission was that all members of all boards had to be residents of the City of Miami, but we find out that there are a lot of boards that have nonresidents. 63. FEE SET FOR DINNER KEY ANCHORAGE ON SIX MONTH TRIAL. Mrs. Kennedy: That's right. They have residence, or place of business. Mr. Plummer: Mr. Mayor, we are ready to proceed. Mayor Suarez: Item 70. Mr. Carollo: 70? Item 70. Mr. Howard Sutter: Mr. Mayor, Commissioners, I am Howard Sutter, I'm here on behalf of the Dinner Key Anchorage Association. I have offices at 1500 San Remo in Coral Gables, but I do live in Miami, and with me here today is Bob Davis. Mayor Suarez: So you live in Miami, but have offices in Coral Gables. Mr. Sutter: Yes, I am doing opposite of what Mr. Carollo said. I'm making my monies in other cities and bringing it back to Miami. Mayor Suarez: There you go, but you are registered with the City as an attorney? Mr. Sutter: Yes, I am. Mayor Suarez: You are? OK. Mr. Plummer: As a lobbyist. Mr. Robert Davis: Mr. Mayor, I am Robert Davis. Mayor Suarez: As a lobbyist. Mr. Plummer: He is a lobbyist. Mr. Sutter: Yes. Mayor Suarez: Right, that form we have for registration, right. 139 July 9, 1987 Mr. Davis: Yes, I am Robert Davis, 2990 South Bayshore Drive, and I'm also registered as a lobbyist, representing Dinner Key Anchorage Association. Mr. Sutter: You have had our proposal before you at the last meeting for a City service... Ms. Hirait Excuse me. Would you kindly place you statement on the record please - into the microphone. Mr. Carollo: Can you put it on that, please? Before we let you proceed here, If we may, because you might want to make some rebuttals on this. We would like to show you a tape for all of us to see, and I think you might find some additional comments you might like to make in your presentation if you see the tape. Mr. Sutter: We also have some slides, so that will be fine. (VISUAL PRESENTATION MADE) Mr. Carollo: Compliments of... is this the Miami P. D., or ...? Mr. Plummer: We are sure getting up in the world around here. Mr. Odio: This was taken by Mr. Dawkins: Hermanowski left and look how much T.V. we have got. Mr. Carollo: Is this part of what they handed out? Mr. Plummer: They just gave it to me. I haven't even looked at it. Mr. Carollo: Are you following this, or... is this a silent film? Mr. Plummer: Who, for the record, who made this film? Mr. Odio: The Fire Department. Mr. Carollo: The Fire Department. Mr. Jaime Reyes: It was the Fire Department along with Parks and Recreation and Public Facilities. Mr. Dawkins: Pull the mike up, sir. Mr. Plummer: Is someone going to narrate it? Mr. Reyes: I will go ahead and try to narrate it. It has been a couple of weeks since I went out there. What we tried to do was to capture in essence various marinas in the City of Miami, Dade County area. What we would like to do is, what you are seeing here, are numerous, or fill of the anchorage area right outside the Dinner Key basin, or marina areas, you may call it. What you see here is vessels, if you want to call some of them vessels, that are actually anchored off the Dinner Key Islands. There are three islands referred to as mole one, two, and three. These vessels are actually anchored behind these islands. We have a lot of derelict vessels back there, as you can see, and this is quite a sight. Mr. Carollo: By the way, this is not Hong Kong. This is Miami. Mr. Reyes: All this film is directly behind Dinner Key Marina. Mr. Plummer: How long ago was this taken? Mr. Reyes: This was taken about a month and one-half ago. This was taken with a ride with the City of Miami Marine Patrol. We also have some aerial photos, which we took. In total, there are over 100 vessels that are anchored behind the islands there. Now, not all of them are derelict like this, but we do have a large number of derelict vessels, or vessels that are abandoned, but it is important to note, that in fact, there are some cruising people that do anchor off the islands, which we want for the City of Miami to have and come and use our facilities at Dinner Key Marina. We do have a large anchorage community, though, and what you see here is part of that community. These are 140 July 9, 1987 abandoned vessels along the mole island. We have cleaned this up in the past, and what you see again is after the cleanup. Mr. Plummer: What you are saying is, it just keeps coming back. Mr. Reyes: EX&ctly. Mr. Plummer: My God, look at that one. Mr. Reyes: Well, that is a vessel. Mr. Plummer: What's a vessel, that there? Mr. Reyes: That house - that house you see there. Mr. Plummer: How do you classify that as a vessel? Mr. Reyes: Well, we don't, but that is what they call a vessel. Mr. Plummer: That's a vessel. Mr. Reyes: That's a vessel, but you see as the debris on top of it, it seems like it is a mini -storage over water. This is an abandoned vessel on the island. Mr. Plummer: Is that the same place that the boat recently caught fire? Mr. Reyes: No sir, the boat that caught fire a couple of weeks ago was at the boat ramp. Mr. Plummer: No sir, the boat over here on the island. Mr. Reyes: Oh, I don't recall that, I wasn't here for that. Mr. Plummer: Are you the Fire Department? Mr. Reyes: No sir, I am the acting manager at the Dinner Key Marina. My name is Jaime Reyes, for the record. Mr. Plummer: They had a f ire over there on a Sunday night, about two weeks ago and they couldn't get a damn fire hose over to it. Mr. Reyes: OK, that is the first I've heard of it. Mr. Odio: (OFF MICROPHONE - INAUDIBLE) Mr. Plummer: What? Mr. Odio: (OFF MICROPHONE - INAUDIBLE) Mr. Plummer: No, this was a boat that pulled up on the island. Mr. Reyes: What happens on these islands also, is you have a number of the members of the Anchorage community, I'm not going to say all of them, but there are some members that use the island for cleaning up their boats, doing their bottoms, doing some labor on their boats, and what have you. Now, this Is illegal, but it is very hard to enforce. The only thing we can do is ask the Marine Patrol to go by there and issue them tickets, or just ask them to move their boats, but this is common practice on these islands. There is a sunken vessel behind that. If you - it should come up in a little bit here, but the aerial view will show you that a number of these vessels are actually anchored off the mole islands in no organized fashion and we have a real problem with that, because of the fact that, for one, you have cruising vessels that come through, that try to come into Dinner Key Marina, and once in a while, you have these vessels that just anchor on the channel and this creates a lot of serious problems and a dangerous situation for those vessels that are coming into the marina. This is the Crandon Park Marina, which is owned by Dade County, Florida. As you can see here, it is an organized anchorage. They do a very good job. Again here, this is the anchorage, this is the entire Dinner Key Marina area, and I believe that is it. 141 July 9, 1987 Mr. Davis: Mr. Reyes' film presentation does in fact reflect some of the areas that we refer to as the Anchorage. There might be a couple of interesting little side lights to this and we have a few pictures we'd like to show you as well. One, of the several vessels off of mole, on the southeast side of mole island number three that he was showing you, the vessels up on the beach, I think the current count now is five, and one in process, have been disassembled and removed by members of the Dinner Key Anchorage Association, with the debris appropriately gotten rid of, at absolutely no cost to the City. It is an ongoing project. In fact, he mentioned that they have had cleanup campaigns in the past. I participated in one last August, that was sponsored partially by DERM, and Dade County and the City of Miami, with the Boy Scouts, and other than the Dinner Key Anchorage Association people, that work on it on a daily basis, that was the last time there was an organized cleanup campaign by anyone other than our organization. We can appreciate the fact that derelict vessels on those islands are unsightly; they are, in all probability, a potential hazard, were they to drift off of there, out of control. We wouldn't argue that point whatsoever. We would like you to know though, that in fact, there is more to Dinner Key Anchorage than a couple of dozen derelict vessels demonstrated in that film, and if you would like, I'd like to show you a couple of slides over here. I'm not sure you can read the port of identification on this vessel, but that is Philadelphia. This is from Norfolk, Virginia. These slides I took myself on my day off, a week after we observed the representatives from the marina using their video camera, and I thought it might be appropriate that we showed you a bit more than one area of the Anchorage. This vessel is from New Orleans. Sorry you can't read the name here, but that vessel is from France, Detroit, San Diego, Boston. Mr. Odio: Let me point out that we agreed that those boats do come in and they do anchor out there and they don't pay a penny to the City of Miami. That's why they don't come inside the marina, where they would have to pay. Mr. Davis: You will also notice that from this view, there are considerably more vessels there than in the ones that were shown in the other view. Another vessel from France, Seattle, Washington. Those are cruising vessels. Mr. Plummer: New York. Mr. Davis: I like this picture, I took this myself. It actually isn't of the Anchorage, it is the boats that happen to sit in Coconut Grove Sailing Club, adjacent to the Dinner Key Marina and I work there at night quite often, in fact, I did last night, and this is a nice morning sunrise. The point is, these vessels are very well organized, very much like the vessels that were in the final footage on the videotape, which in fact, some of that footage was of Coconut Grove Sailing Club, the vessels all in nice little rows. There is a staff of people that work on that, seven days a week, in boats, keeping vessels in their proper moorings, moving the moorings, maintaining the f moorings, building the moorings, and you might want to notice this, this is part of the cleanup campaign. The white, floating object there was at one time a derelict boat. It is bare hull. It has no engine, no steering capacity whatever. It is referred to in the Anchorage as the pickup truck, and it is used to haul garbage from the mole islands that is left by whatever source, quite a bit of it obviously drifts in on the tide, to dispose of it. There is a trash drop point that had been identified by the marina manager as a place to put that refuge so that the City of Miami truck could pick it up on its normal rounds. Mr. Odio: And that is at the City taxpayer's expense. Mr. Davis: Well, we are also aware of the fact that the removal of derelict vessels is a very complicated matter, and that there are several State statutes involved, including some statutes involving liability insurance, and insurance against the potential pollution and hazard. We are also aware that the State of Florida, for this year, allocated $25,000 for the entire State for the removal of derelict vessels, which wouldn't even pay the insurance premium. Mr. Plummer: But, you are not arguing about the derelict vessels. Even you agree they should go, so that is not a point of argument. Mr. Davis: Of course, we are actually helping you remove them. Some of the other vessels that were depicted in the marina manager's film were some of the 142 July 9, 1987 0 0 older houseboats out there. This is the view from the top of one of those houseboats that was in the picture. That is not marijuana growing. Those are pole beans and tomatoes in a community project to see if you can grow vegetables on a boat; a woodworking shop that is also used in teaching of boat building skills to people who want to; other vegetables; a boat in construction. We suggest that perhaps the marina manager's film was a bit biased, and perhaps it should be, and I will freely admit that my film is biased, but this is what we don't want to see. This is not reality, this is movie time. What we would like to do is deal with the realities of the issues and not the fantasies of it. Mr. Carollo: I think both the films are quite real. I don't think that there is any question that there are boats or vessels like the ones you showed here. Now, if that is the case, then I would be completely please, but the case is, that our film is also a reality and you have way too many vessels out there that make Dinner Key Marina the entrance by water to Miami, to Florida, the boat capital of the United States, it makes us look like if you were in Hong Kong somewhere. Mr. Sutter: Commissioner, have you ever been to Hong Kong? Mr. Carollo: I've been close enough. Mr. Sutter: That is one of the busiest, most industrious harbors you will ever want to visit. I would be flattered if Miami could be like Hong Kong, but that is not what we are here for. Mr. Carollo: Well, let me say this to you. You are comparing something way different. We have something as good as Hong Kong has in the Port of Miami. Now, that kind of traffic is fine for the Port of Miami, but what we are talking about here is not commercial traffic. We are talking about here something way different. Mr. Sutter: Our purpose here today is not to go toe to toe on the question of derelict vessels. We fully agree that derelict vessels should be removed, but the reason that we are here is to propose a City services contract for the community and you can see from these photographs, that it is a viable community out there, of people, and we want to pay... Mr. Carollo: Part of it, not all of it. Mr. Sutter: We are not representing the part, the people that are leaving boats that are trash out there. We have been helping, in fact, to clean those boats up. What we are trying to do here is establish a system whereby we will pay for the services that the City Manager has recognized occasionally are used, garbage, etc., water, fuel, dinghy docks, laundry, showers, all of those kinds of things. We want to go ahead and pay for those things. We don't want to take it upon ourselves to be responsible for derelict vessels, although we are doing that on an involuntary basis, but we also don't want to be considered as if we were suddenly all just like these derelict vessels. That area of Jaime's film there is one small section and he panned it four times. Mr. Carollo: No, it is not one small section. I've been out there myself and it is more than one small section. In fact, the first time that I saw what was going on, out there, I was shocked. I didn't realize that this could go on in Miami, right behind Dinner Keyi That is because I hadn't been back there, in the water, but I think you made the statement that this is the reason why we feel the way we do, and that is, you represent one group, you agree that you don't represent everybody. Mr. Sutter: Even the proposal, the original proposal, for designating an anchorage described an area on which all of the vessels that were filmed by Jaime, that he just narrated that film, all of the vessels were outside of the area that was originally proposed to be controlled by this agreement, so even with the agreement originally proposed, you would not get to those people. Mr. Carollo: That's not so, these people the right out here. Mr. Sutter: That is the fact of the diagrams as were presented. Mr. Carollo: Where is the Marina acting director, manager... there he is. 143 July 9, 1987 Mr. Reyes: Just for the record, that is not true. The fact of the matter is, that the designated areas that we filmed, these vessels, these derelict vessels were identified two or three years ago, even beyond that. We have been talking with the anchorage people now for three or four years. That is the same area, and it's true what you are saying, Mr. Commissioner. The fact of the matter is they represent a small contingent of the vessel owners that are out there. That's one of the problems that this City Administration has with that. Mr. Carollo: Thank you. Strike one, Mr. Attorney. Mr. Sutter: Not so, air. Mr. Davis: Actually, Commissioner, I think you would be best served if you looked at the coordinates of the diagrams of the property as it was mentioned. The line runs from a surveyor's mark at the fence line adjacent to the south end of Peacock Park to the tip of mole island three, to the eastern tip of mole island three, and then on around the basin. Every one of those vessels that you described in that film are outside that perimeter. That, I will guarantee you. Now, I will... Mr. Carollo: Well, staff answered that for me already. You can go on and give me your opinion. Mr. Davis: Well, we've provided several members of this Commission and the City Attorney with the legal description of the property involved and I can guarantee you that the surveyor's comments are on that description. Now, there was a comment during the presentation of Mr. Reyes' film, that these vessels at time occupy an area referred to as the channel. The channel that they are referring to was discontinued in 1960. You can't occupy a channel that isn't there. One of the things, one of the items in this proposal, is that Anchorage Association, in conjunction with other organizations and businesses on the waterfront here, and we've got a commitment from the Coconut Grove Sailing Club, we've gotten a commitment from the sailing school, Castle Harbor, I believe, and some of the other businesses, is to reestablish that channel, mark it appropriately, so that then people will not anchor in an established channel, not one that was discontinued 20 years ago. You cannot tell a sailor that he anchored in a channel when the channel was discontinued in 1960. Mrs. Kennedy: Let me just ask a question. How can you come here and tell us some facts that are completely disputed by our acting director of the marina. He said it was a blatant lie, in other words. What do you have say? Mr. Davis: No, actually, I am not telling you that Jaime Reyes is a liar. I am telling you that you are misinterpreting the boundaries and the boundaries are public knowledge. Mr. Odio: We met with these people and what I'd like to ask them what the points of disagreement are with us. We propose to charge them a fee for being there, all of them, no exceptions and I want to know what they are... you know. We can be here all night. Mr. Sutter: I'd be happy to answer that question, but I'd like to answer your question first. The simple fact is that you can look at things two different ways. Mr. Reyes looks at it one way and we look at it a different way. We are not calling him a liar. We are saying he is misinformed as to what the facts are. That's as far as I can go on that issue. Mrs. Kennedy: But how many times can you get the facts backwards if you have been meeting for so long? Mr. Sutter: We haven't been meeting directly with Mr. Reyes. He has been a participant and a spectator in a number of the meetings, but we haven't been having conferences directly with him. We have been meeting primarily with the Waterfront Board and also with Rafael Suarez -Rivas of the City Attorney's office, but we haven't been meeting with Mr. Reyes. Now, as to... Mr. Carollo: I think that all of you here saw these films that were shown from both aides. There is no question about it that there are some vessels out there that are good looking vessels, not necessarily new and expensive, but they are kept clean and appropriate, but it is also a fact that you have 144 July 9, 1987 many vessels, such as the ones that we have shown you in the City film and I just think that if people want to go out and see pirates in the Caribbean, they don't need to go behind City Hall to see it, they can go to Disney World. That is why we have that particular show in Disney World. What we have out here in some sectors is turning out to look like the pirates in the Caribbean. Mr. Davis: I'd address the City Manager's questions as to why we have a problem and what we are here about, and that is the whole question of jurisdiction that the City has. I gave a letter to the City Attorney this morning and a copy to Mr. Plummer, discussing that very issue, and it is that jurisdictional question that has dogged us, that has prevented us from reaching an agreement. The City Manager's office has, from the beginning, insisted on provisions in their proposed service contract which would allow the City to throw people out of that area. We believe that that very issue is a grant of jurisdiction to the City where it does not have jurisdiction. We believe the fact that so many of these people are coming from out of the State and are traveling, raises issues of freedom of navigation of the waterway and interstate commerce. These are large issues. They are bigger than a city services contract. The reason we're not prepared, not today and not anytime In the foreseeable future, to concede on the jurisdictional issue which is why we have come back to this Commission with a services contract we feel, number one, will save the City a lot of money. If Mr. Reyes is prepared to come to this Commission and say that he can manage this anchorage at no cost to the City, my hat is off to him. But he can't do that. It's going to cost a great deal of money. We're trying to do something that will not cost the City anything and will resolve this matter for a time at least. Mr. Plummer: Well, what are we arguing about other than... Mr. Davis: We're arguing... Mr. Plummer: You're contention of jurisdictional, OK? INAUDIBLE RESPONSE. Mr. Plummer: OK. No, I don't think that's really what we're trying to do is to throw people out. I think we're trying to exert a measure of control. Mayor Suarez: We want to regulate. We want to be able to regulate whether they... Mr. Plummer: OK, that's what I said. Mayor Suarez: Right. Whether they come in voluntarily or whether we litigate in the courts. Mr. Plummer: Now - and I think we also want to have the right to make charges for services that you will be provided with. INAUDIBLE RESPONSE. Mr. Plummer: That we're providing now at no cost. Now, you know, the free lunch concept is gone. Federal revenue sharing, Big Brother is in a bottom out. What are you proposing, Mr. Manager, for control and what are you proposing for how much per square foot per day or whatever it is? Mr. Odio: We propose that each one of them pay a service fee. They wanted only... Mr. Plummer: How much is the service fee that you propose? Mr. Odio: Three cents per foot. Mr. Plummer: OK. Three cents per foot per day. So that would be - what is the average boat out there, 30 feet? Mr. Reyes (Off mike): Probably the biggest vessel you have out there is about $40.00 per month. It would probably average around $33.00 a month. Mr. Plummer: And then am I, then, to understand... Ms. Hirai: Excuse me. 145 July 9, 1987 Mr. Plummer: ... that your contention is that those fees are too high? Mr. Davis (Off mike): No, that's not our contention at all. Mr. Odio: No, no, they agreed to the fee. What they don't agree is that everybody pays the fee. Only those that come in here and register and say we're going to use your services. And therefore... Mr. Sutter: The under... Mr. Plummer: All right. Well, isn't there a way - isn't there a way, Mr. Manager, that we can control that? Mr. Odio: No. I think if you are going to anchor out there, you register and you pay. And everybody's that anchored out there should pay and there should be no exceptions. And that's why they're here because they want to have exceptions and I don't believe that we have enough staff people to be able to control that. Mr. Plummer: You can do it with a card key system... Mr. Sutter (Off mike): If you haven't got enough staff people to control it under that fashion, how will you control it under your... Mr. Odio: I'll put a sticker in the bow of the boat and if you don't have it, you go. Mr. Sutter (Off mike): And there we have a problem indeed. Mr. Carollo (Off mike): Now, don't get upset now. You know you don't blow, we do. Don't' get upset now. It's bad. It's bad for the heart. Mr. Sutter (Off mike): That's the nub of the issue. That's the nub of the issue. We're not upset. Mr. Davis: We're not upset, Commissioner. In fact, that's we brought this issue... Mr. Odio: Don't get tense because the fact is that you are living in the City limits. That you are not paying taxes. That you're using City services, including garbage and trash pickups and that we are providing all of those services to you for free at the expense of other taxpayers. And it's about time you paid your lunch. Mr. Sutter: When all of those services were available and the Mayor mentioned the fact that we couldn't get a fire boat out and I might add, there is no police protection and there's a lot of other things that aren't there. There aren't those services being provided now and there aren't facilities for you to provide them. Mr. Odio: You live out there and you land over here in the marina and use our facilities and not only that and then enjoy other City facilities, including... Mayor Suarez: Why do we argue that point? I don't get it. Mr. Davis: Well, the contention... Mayor Suarez: Commissioner - Vice -Mayor Plummer was getting at the issues. The issues are regulation by the City, payment of some fair amount for services you're obviously using, most of the members or some of them, whatever number. And then, of course, we've got to deal with those that don't comply. Mr. Davis: Well, the contention has been by the marina staff that there is a certain part of the population out there that uses the marina facilities, - that's true. They shouldn't be. They've also been asking, for over ten years, to be permitted to pay for that use. Mayor Suarez: And that's what we're here for today. Mr. Davis: And that is, in essence, what we're here for so that those people who need to contract with the City marina for services that the City marina 146 July 9, 1987 0 provides, can pay for those services. they stay out of the marina. If they don't pay for the services, Mayor Suarez: it's one way to look at it is that it's a contract. We would think that if you didn't want a contract, we could probably impose it. You would think not. Mr. City Manager, what's the problem with the proposal? It's not enough? Is that what you're saying? Mr. Odio: No, no, no. I wanted to set our proposal that everybody that's out there at anchor pays a fee. Everybody. Mayor Suarez: How can they, if they don't represent everybody who is out there, including people who don't even recognize our jurisdiction... Mr. Plummer: No, no, no. We recognize - we, the Commission, set the policy. It's not... Mr. Odio: That's right. I'm recommending that everybody that anchors out there pays a fee. Mayor Suarez: Well, here's a group that's coming in voluntarily to abide by it, what do we lose by agreeing with them? Mr. Odio: If they agree to pay a fee, I don't have any problem with them. Mr. Plummer: No, what their contention here is - Mr. Mayor, their contention is that it's not be mandated on every boat out there unless you use the service. That's their contention. OK. Mr. Carollo: And you know what's going to happen? Ninety-five percent of them are going to say, we didn't use the service. Mr. Davis: Actually, we have a figure approximating 70 percent that are waiting in line to sign up right now if you could start it today. Mr. Carollo: Well... Mayor Suarez: Well, what do we lose by taking the ones that are willing to come in, I don't get it? Other than... Mr. Odio: I don't believe you can charge fees out of exception - by exception. Mr. Plummer: Then you're going to have freebies out there. Mayor Suarez: We have all of them freebies out there now. And what we're facing is a legal battle. Mr. Plummer: Well... Mayor Suarez: And an identification problem. We have to go out there and identify them. Some will be gone by the time we... Mr. Sutter: The identification problem exists regardless of which method is chosen and the key is if the dockmaster has a dinghy dock and a dinghy is there and it doesn't have a sticker on it, then he just casts that dinghy free. The same problems exist regardless of the proposal that's accepted. Mayor Suarez: Absolutely. Mr. Stuart Sorg: Mr. Mayor, Stuart Sorg. Years ago, as chairman of the Waterfront Board, we established this principle and created a authorized anchorage area which Mr. Rodriguez made. If that would solve the problem to get started, we ought to create a new authorized anchorage area. Those people in those - the confines, right, would pay for all the services and those don't get into it, then we can deal with them whether we remove them, but we need an authorized anchorage area. Mayor Suarez: Sure. Mr. Plummer: But wait a minute, wait a minute, wait a minute. How do you stop the ones that are using it that don't pay the fee? 147 July 9, 1987 Mr. Sorg: Because those - they're asked to trove and then you have some sort of ordinance that takes care of that. But as long as those that are in the authorized anchorage area that use the facilities and services of the City. It vas very clear and we did this once before and then the City ultimately starts a little - pardon? Mrs. Kennedy: What happened to that board? Mr. Sorg: That was the Waterfront Board but that was when I was chairman five years... Mr. Odio: Excuse me, he represents the Waterfront Board. Mrs. Kennedy: No, not the Waterfront Board. The anchorage board that you created. Mayor Suarez: High Padrick, tell us about what the waterfront board is recommending now. Mr. Hugh Padrick: OK. The Waterfront Board is recommending essentially the same thing as the City Manager is and by excluding certain areas not included in the anchorage area, this City's Miami waterfront - not Miami waterfront, but the City water code would encompass that other area and those in violation of the water code, City of Miami water code, would then be in violation anchoring on City property, using City property and would be dealt with in that fashion. Mr. Plummer: Well, what about Mr. Public Works who told us if they're liveaboards, they've got to have sewage connections. Mr. Eads: Let Jaime Reyes respond to that if you would, Commissioner. Mr. Reyes: There's a problem here that we haven't addressed and that is the fact that if the Army Corps of Engine - if you follow the Army Corps of Engineers rules and regulations and also Dade County code, or r#ERM as they say, they have a requirement that if there are liveaboards, that they should have a sewage pump out. If they were to start enforcing that, they'd be gone. Everybody out there would be gone. And we haven't even address - that's possible. Mr. Plummer: But you, wait a minute, wait a minute. Cather told me that under the new rules and regulations that every boat had to have a sewage connection. Mayor Suarez: You're talking about at the piers. Not out at high sea. Mr. Reyes: No, but that... Mr. Padrick: Mr. Plummer... Mayor Suarez: Or out in the ocean, what ever. Mr. Plummer: If they're moored, isn't that a permanent situation? Mr. Padrick: They can have more than - they can have a different type. There are several different versions of the Coast Guard approved plumbing situation. They can have their own holding tank. They can have a machine on board that purifies the waste as is, you know, expelled overboard. Mr. Plummer: I don't need an explanation on that. All I'm saying to you is, Mr. Cather told us that in the marina, it's going to cost us $854,000 to put in a line he says is mandated. Mr. Padrick: Yes. Mr. Odio: Let me tell you something. If DERM and the Coast Guard apply the regulations to that place out there, they'd be all gone. So all we have to do is... Mr. Plummer: I think it would be all gone everywhere. i 148 July 9, 1987 - Mr. Sutter: (Inaudible response off mike). Mayor Suarez: No, we need you at the mike though, counselor, for the record. Mr. Sutter: The United States Coast Guard is exactly the point. Ms. Hirai: Excuse me, we need your statement on the records. Mayor Suarez: Get to the mike, get to the mike. Mr. Carollo: Excuse me, excuse me, sir. You know, we can't hear you and don't get upset, it's bad for you, get you sick - we'll get you a small one. We'll get you a small one. You know. Mrs. Kennedy: I have the same problem. Don't feel bad, I have the same problem. Ms. Hirai: You can bring it down. Mr. Dawkins (Off mike): Give him that other one... give him that one he can hold in his hand. Mr. Carollo: Yes, get him a chair so he can sit down and he'll be up to his level. Mr. Sutter: The United States, the United States - please. Mayor Suarez: Please, Commissioner. Go ahead, proceed counselor. Mr. Sutter: The United States Coast Guard regulates sewage disposal on boats. This City is going to be in deep trouble trying to get into that. In a similar vein, the attempt to designate an anchorage is specifically regulated by DOT. This City attempted to get a designated anchorage a couple of years ago and was denied the attempt or dropped the ball. I can't tell which. DERM stopped the City last year or a year before from putting out moorings out there. Is the City going to pay attention to the fact that it cannot do certain things that are out of it's jurisdiction? That's the point. Mr. Plummer: Well, I'll tell you what the City can do - I'll tell you what the City can do. We can stop all services right now to the anchorage. That we can do. OK? And that's what you're asking for. Mr. Sutter: No, that is not what we're asking for. Mr. Davis: Could you specify what you mean, Commissioner Plummer. Mr. Plummer: Well, I'm saying is it, if he is right in his contention that we have no right of jurisdiction, that means that we will not provide any services to the anchorage. Including landing rights,- of course. In other words, they will go somewhere else for their showers. If they get a rape on board, don't call a City policeman. Call the Coast Guard. OK? Now, either you're going to come to some kind of a compromise, you know, you want to wind up in court, everybody loses, except you, you're the lawyer and you get a fee. Either you're going to come to a reasonable compromise... Mr. Carollo: If he don't get a heart attack beforehand. He gets too upset at this stuff. Mr. Plummer: Well, if he's upset, he can go home and take his valium, that's his problem. Mr. Sutter: I'm not upset. I'm tense. Mr. Odio: You see, I think Commissioner, three cents a foot. Mr. Carollo: Join the Rowing Club and relieve some of that tension and stress. Mr. Plummer: Oh my God, the next you're going to have him flying a helicopter. Mr. Carollo: I recommend you to a guy that I know that's a member of it. 149 July 9, 1987 Mr. Odio: Believe me, it does relieve tension. I recommend it highly. Mr. Sorg: Commissioner. Mr. Plummer: Well, you don't row enough then. Mr. Odio: You're right, Commissioner. Can 1 go rowing now? Mr. Plummer: Look... Mr. Sorg: Commissioner Plummer, five years ago we solved this problem and the authorized anchorage area was the only solution and the City just has to establish it and start charging those boats that are in it and deal with it from that point on. Mr. Plummer: How do you regulate it? You going to stand somebody there? Mr. Sorg: They're in agreement with it. They're in agreement with it. Mr. Plummer: But not the ones who say, we don't use the services, we don't want to pay for it. Mr. Sorg: But we can deal with that but let's get something underway right now. Mr. Padrick: Mr. Plummer, one of the things that we ask on the waterfront board is those who say they're not using it, where do they come ashore? From Peacock Park... Mr. Odio: All the way to Kennedy Park. Mr. Padrick: ... to Kennedy Park is all City property, except for... Mr. Plummer: No, no, sir, that's not... Mr. Padrick: ... except for certain particles. Mr. Plummer: Excuse me, you're wrong. We have two designated public ramps. OK? And that's open to the public. Mr. Padrick: Right, but do they... Mr. Plummer: So they can land there. They're part of the public whether, you know, they're anchorage or not. Mr. Padrick: But what I'm saying is, is that those people who are using that area are very limited. They are then, still bringing ashore trash, they need water, they need electricity. Where are they getting it from? They have to be getting it from some source that is City connected. Mayor Suarez: Now, what is the problem with the identification system that the City has proposed? We have to figure out who is participating and who's not. Mrs. Kennedy: Mr. Man... Mr. Davis: Exactly, exactly and we've put a containment in this proposal. Mayor Suarez: You put a what? Mr. Davis: We put a proposal together. Mr. Odio: I buy that. I agree. I told him I agreed but everybody does the same. Mayor Suarez: For the life of me, I have the hardest time figuring out what we disagree on other than the issue of jurisdiction which is the only one that we'll never agree to today because only a court can resolve that. Mr. Plummer: No, what we disagree on is simple. The disagreement is on those people who don't want to use the services, don't pay and they want to stay in the anchorage. 150 July 9, 1987 Mayor Suarez: Do you represent any of those counselor? Mr. Sutter (Off mike): Yes. Mr. Davis: Yes. Mayor Suarez: Is there any way that you can come in and represent those that want to participate in this and we can reach a deal with them and ignore the other ones. We'll take whatever remedy we want as to the others. Mr. Sutter (Off mike): ... members of the association include both groups. Mr. Davis: There are some members of the association that are actually contained in both groups and the association has voted just like you'd vote in any other election, that this proposal, while it wasn't totally acceptable to everybody, was acceptable enough that the majority said, let's propose it. And that's why we're here. Mayor Suarez: But you're saying that... Mrs. Kennedy: OK, Mr. Manager, could I once again hear your recommendation. Mr. Odio: That everyone anchored out there pays a fee of three cents a foot a day and that then we will provide them the services they need on shore and there will be no exception to that rule and if they don't pay, they are moved out. Mr. Plummer: Jack, do you remember when the dinghies disappeared? Mrs. Kennedy: OK, I move that we accept the Manager's recommendation on a trial basis for six months. Mayor Suarez: So moved. If the majority wants this system to be implemented, and there is a minority that is not willing to pay, I don't see any proposal that you're making that's realistic as to those that don't want. Whether we can remove them or not, whether we have jurisdiction to do that or not, that's going to be tested. Mr. Plummer: But who's going to stand at the showers and the wash basins and say, hey, you didn't pay? Mayor Suarez: We'll give them an I.D. Mrs. Kennedy: You'll have to make sure that you carry it out. Mr. Odio: We will make sure that that doesn't... Mayor Suarez: We can give them an I.D. Mr. Davis: That's precisely what we've been asking for is those functions. But, you've got to understand one item that goes with this. It's part of the history of this. These people who want these services, have been asking for these services, specifically willing to pay for these services since 1977 and they have been asking for them since 1947. Now... Mayor Suarez: I don't know why they come in and want to argue on behalf of those that don't want them, but so be it. Mr. Davis: Well, the point is, is that the City has been unwilling to deal with this issue for forty years. Other people... Mr. Odio: Now we're... Mayor Suarez: What difference does it make? We're willing to deal with it now. Mr. Davis: Other people have made other arrangements and other commitments. Some of these people have arrangements in place to provide their services through other facilities. Some of them have spent a large amount of money to do that. Much more... 151 July 9, 1987 Mr. Dawkins: Where? Where, from where? Mayor Suarez: We're saying that we're going to keep them from using any City services whether that's... Mr. Davis: That's it, that's the exact proposal. Mr. Dawkins: Hold it, hold it hold it, hold it, hold it. I need a point of clarification, Mr. Mayor. The services that needed are, and if I'm in error, electricity... Mr. Davis: No. Mr. Dawkins: All right. What is needed? Mayor Suarez: Landing rights and... Mr. Davis: Dockage for dinghies, secure dinghy dock. And they're proposing shower facilities, water... Mr. Dawkins: No, no, no, no.... let's be together. Mr. Davis: That's what the City is proposing. Mr. Dawkins: No, no, no, no... that's not what I asked. My question to you is, what services are needed? OK? Mr. Davis: In fact, absolutely none. Absolutely none. Mr. Dawkins: Every boat that docks out there is self contained? Mr. Davis: That is correct. Mayor Suarez: Well, but some are used, whether they're needed or not. Mr. Davis: Now, there are... Mr. Dawkins: Then why are they concerned about coming ashore then? Mr. Davis: There are many people who work every day... Mr. Dawkins: Why are they... Mr. Davis: ... just like we do for whom it would be more convenient if they could work out an arrangement with the City so that they had an appropriate place to park their vehicle. So that they had access to showers... Mr. Odio: Don't ask them where they ----- cars. Mr. Davis: So they had access to a properly secured dinghy dock and that's what the proposal is all about. Mr. Dawkins: Well, that's what I'm asking. I'm asking you, what services are needed. You just told me what services are needed. Mr. Odio: And they need to park their automobiles. Mr. Davis: I said that. Mr. Dawkins: Wait a minute, wait a minute. Hold it, let me, I mean, you don't have a boat, hold up. OK? Mayor Suarez: No, he hasn't got a boat. Mr. Dawkins: You got a rowing shell, but not a boat. Mrs. Kennedy: I offered a motion to try it out on a trial basis for six months. Mr. Dawkins: I mean, I'm with you, Commissioner Kennedy, I'll second the motion for discussion, OK? 152 July 9, 1987 Mr. Plummer: Try out what? Mr. Dawkins: But I need to know, go head, J.L. Mr. Plummer: No, I'm asking, try out what for six months? Mr. Dawkins: That's what I'm trying to find out. What is it that is needed? If you tell me what's needed, then we can attempt to find out how we can or cannot provide it. Mr. Sutter (Off mike): If I may. What is needed... Mr. Dawkins: Right. Mr. Sutter (Off mike): ... is such things as shower facilities, a dinghy dock, laundry machine facilities... Mr. Dawkins: What is needed - showers, dinghy dock, laundry - what now? Mr. Sutter (Off mike): ... laundry facilities -there are some out there... Mr. Dawkins: Laundry facilities. Mr. Sutter (Off mike): ... for some of the people and not all, parking for an automobile. Mr. Dawkins: OK. Mr. Sutter (Off mike): That's pretty much a good start on it. Now... Mr. Dawkins: All right, now. Those individuals who do not want to participate, where are they acquiring these services from now? Mr. Plummer: Free, from us. Mr. Dawkins: Wait a minute, no, he just said they're not, J.L. Mr. Sutter (Off mike): Well, I'm not sure how anyone walks into a keyed shower on a free basis, but I suppose that's possible. Mr. Dawkins: Well, see, don't listen to J.L., answer my question. Mr. Sutter (Off mike): All right, all right. I don't know. I do not know. Mr. Dawkins: Well, they're getting them from some place. Mr. Carollo: No, quit getting him all excited now. Mr. Sutter (Off mike): They're getting them from friends, from neighbors, from neighbors, from whatever. Yes, I do not know. Mr. Dawkins: They're getting them from some place. Mr. Sutter (Off mike): That's correct. Mr. Dawkins: All right, now where? Now you're out there. Come on now. You've got to know where they're coming from. Mr. Sutter (Off mike): Well, all right. Mr. Dawkins: Yes, sir. This gentleman here. Please. Mr. Carollo: Just don't get him all excited. Mr. Davis: Commissioner, a number of people have contracted with the Coconut Grove Sailing Club and paid membership fees. A number of people have contracted with various marinas. Mr. Dawkins: All right, that's one of my points. Good, good. Let me, just a minute, you didn't know, you didn't know till this gentleman started up here, let me hear from him. 153 July 9, 1987 0 0 Mr. Rick Perlmutter: My name is Rick Perlmutter, I live on a sailboat out behind here in the anchorage area and I work at Mercy Hospital in the operating room. And my boat is not one of the boats that were depicted in the video tape. I'd rather you could have seen it in the slides. It's a yacht. I do not set foot on City property. Over by Dinner Key marina, I don't use their showers, I don't use their laundry. I'm a member of the Coconut Grove Sailing Club and there are an increasing number of members out living in the anchorage. I park my car in the Coconut Grove Sailing Club parking lot. I dump my garbage in the Coconut Grove Sailing Club. Once a week I bring my boat into the dock and fill it up with water there. And I really have no need for City facilities. Mr. Dawkins: Now, Mr. Manager... Mr. Plummer: Well, wait, wait, wait, excuse me... Mr. Dawkins: Wait a minute, wait a minute... Mr. Plummer: Excuse me - sir... Mr. Perlmutter: Because I pay for my facilities at the Coconut Grove Sailing Club. Mr. Plummer: Sir, I understand that. But if you had a problem that required a policeman, who would you call? Mr. Perlmutter: The Coast Guard. Mr. Davis: Exactly, we've tried every other source. Mr. Dawkins: OK, all right, no problem, no problem, no problem. Mr. Perlmutter: I've needed the police before and they told me to call the Coast Guard. Mr. Dawkins: OK, that's right, fine. Now, why if you're purchasing these services from the Coconut Grove Sailing Club, why aren't you anchored at the Coconut Grove Sailing Club? Mr. Perlmutter: Two reasons. Mr. Dawkins: OK. Mr. Perlmutter: One is that they don't allow liveaboards inside the basin. Mr. Dawkins: All right, now, good. Mr. Perlmutter: That isn't the reason. If they did, I wouldn't live in there. Mr. Dawkins: All right, so but yet still you want to use the public facilities and the public domain but you don't want to pay but you'll go pay a private concern who will not allow you in. Mr. Perlmutter: Let me, let me, let me... Mr. Davis: No, that's not altogether true, Commissioner. We've been willing to pay. Mr. Carollo: Who owns the land where the Coconut Grove Sailing Club is at? Mr. Odio: It is City of Miami land. Mr. Carollo: City of Miami land, right? OK. Mr. Dawkins: Commissioner Kennedy has already made a motion that those individuals who are desirous of paying be allowed to do so for six months while we try to work something out. My concern now is, individuals like this gentleman here who pay the Coconut Grove Sailing Club to dump his garbage and pay the Coconut Grove for his shower. He pay the Coconut Grove for his parking, but yet he's anchored out there where somebody could anchor who's willing to pay. That's my concern. 154 July 9, 1987 Mr. Davis: There's room for a lot more boats. Mr. Dawkins: That's right, seel Mr. Perlmutter: I think one of the misconceptions about people that live in the anchorage is that they live out there because it's free. Mr. Dawkins: No, no, no, no; that's a misconception. That is a misconcept... Mr. Perlmutter: Now let me say that if you made Dinner Key Marina free, I would stay right where I am. I do not like living at the dock and that's why I live anchored out. Mr. Dawkins: That's the individuals who don't understand people who are at sea and who live out there, see. Those of us who do understand what you're saying, OK. Mr. Davis: We have one final question. Commissioner Kennedy has said, can we enact a program on a six month trial. My question is, can we enact this program on a six month trial? Mr. Dawkins: Got to try the manager. Well, what are we going - all right, hold it, and like they say then, what are we going to enact for six months? Mr. Odio: The recommendation that we charge everyone out there 3 cents a foot. Mr. Dawkins: OK, but all right now - this gentleman here isn't going to pay - this gentleman's not going to pay. Mrs. Dougherty: The problem is... Mr. Odio: He can lift the anchor and move. Mr. Dawkins: OK, well good. That's all I need to know. Mr. Odio: All I want him to pick up his anchor and move out of the anchorage. UNIDENTIFIED SPEAKER (Off mike): Where? Mr. Odio: That's your problem. Mr. Sutter: Well, what we would like to do... what we would like to do... Mr. Plummer: Because you're on City property. You can move outside the City limit property. Mr. Odio: Move over to Coral Gables or... Mayor Suarez: That's the ultimate question, counselor? Mr. Sutter: We have spent a lot of time with that jurisdictional questions and what we'd like to see if we can do is if we can... Mr. Carollo: I think we ought to make a trust out there. Mayor Suarez: Commissioner, please. Go ahead, counselor. Mr. Dawkins: Go ahead, sir. Mr. Sutter: ... if we can get an agreement to try this proposal, we feel that even the City Manager's office will see that it is workable. That it is returning a revenue to the City. We can avoid those other more difficult issues and I think everybody would be a lot happier. Mr. Dawkins: Would the group who are behind this proposal be in agreement with us if we said, any though anybody who's not desirous of trying quote - unquote, this proposal, that we'll get the Coast Guard, since they say that's the only one got jurisdiction to have them raise anchor and move. 155 July 9, 1987 Mr. Sutter: You could say that, but the Coast Guard would not do that, Commissioner. Mayor Suarez: Well, that's... Mr. Dawkins: All right, then how do 1 get the money to make people participate? See, you got toe in a bind. You telling me that you've got individuals who are willing to do what we all want to do and live happily as a family. Then we've got a group of individuals who's saying, the hell with all of you, I'm going to get a free ride and I'm going to live like I want to live - which they have every right to do - and I'm going to purchase what services I need from where I want to do what they have a right to do and I'm going to stay here where somebody else can be who really wants to be a part of the group like you say. Now, what do we do? Mayor Suarez: It's the same question I have. What happens if we pass the voluntary - we pass the proposed plan by Commissioner Kennedy - the same criteria that you've got, only we do it for - we say we're doing it for everyone. Who ever doesn't participate, we'll take enforcement action that we deem we can take. What will you convey back to your membership? Mr. Davis: I will convey back to my membership that we have a successful six month working plan. But as far as taking efforts that would serve to eliminate or remove people from that point, as soon as that... Mayor Suarez: Have we asked you to do that? Mr. Dawkins: Let me hear what he has to say to it. Mr. Davis: No, no, but if that were the case, then we would have to consider that action. I can't say. Mayor Suarez: Have we asked you to do that? Mr. Davis: No. Mayor Suarez: Well, then don't bring it up. Let's see if the City can do it. As to those people, let them litigate. Mr. Davis: I can offer for the City a longer term solution than what we're talking about here and that is, to go ahead and submit the plan to the DOT to have the area designated as an anchorage. Then you'll be able to get your control. Mr. Dawkins: We can do that. But in the meantime, I don't want those individuals out there who don't want to pay like you do. I have no problems with that. Mrs. Dougherty: Commissioner Dawkins. Commissioner Dawkins. Mayor Suarez: Yes, Madam City Attorney. Mr. Plummer: This gentleman works at Mercy Hospital ------- to Mercy Hospital. Mrs. Dougherty: Maybe I can clarify this a little bit. The only thing that we can do - the only thing we can do is charge for our services. We are not charging for the anchorage. That's why it's a service agreement. Mr. Plummer: Well, 3 cents a foot is ridiculous. It's too cheap. Mr. Dawkins: Go ahead. Go ahead. Go ahead. Mrs. Dougherty: So what I'm saying to you is, that you're not charging for the anchorage. We don't have the right to charge for the anchorage. Mr. Dawkins: OK. Mrs. Dougherty: We're charging for the services. If they don't use the services or charge those people who do use the services. Those people who don't use the services we don't have a right to charge. In the meantime, perhaps, we should then also apply to the DOT to become an anchorage, at the same time. 156 July 9, 1987 U Mr. Dawkins: Well, that gentleman is within his rights by not paying. Isn't that right? Mrs. Dougherty: That's right. Mr. Odio: I cannot agree with the City Attorney. I'm sorry. Mr. Dawkins: Well, you're not the City Attorney. Mr. Odio: But I cannot agree with that she... Mr. Dawkins: Yes, but you're not the City Attorney. Mr. Plummer: Yes, but there's nothing that says we can't charge them 10 cents a foot, which is a reasonable fee. Mrs. Dougherty: For the services, yes. Mr. Dawkins (Off mike): But they're not using the services. INAUDIBLE RESPONSE. Mr. Plummer: No, sir, then you'd pay $350 is the average dockage. I'm saying 10 cents a... INAUDIBLE RESPONSE. Mr. Dawkins (Off mike): Come to the mike, sir. Come to the mike. Mr. Plummer: Come up the microphone, sir. Mr. Davis: Commissioner, what you're now discussing is a market question really, as far as what the services are worth. Rather than talk about how much that is or try to push people out by pricing the services higher than they're worth, why not let the Manager try? Mrs. Dougherty: We don't have a right to. We don't have the right to charge them the anchorage, only for the services. Mr. Plummer: There's no other way to do it. Mr. Carollo: Excuse me, sir. Sir, he would like to say a word or two, I think. Mr. Dawkins: Go right ahead, sir. Your name and address. Mr. Carollo: Name and address. Mr. Ray Russell: My name is Ray Russell. I live in the anchorage and I work for the Dade County Water Department. The fees that are charged in the City of Miami is a supply and demand situation because you don't have enough spaces you have the dock spaces being bid up. If you took at look at dock spaces what they cost in Naples or over on Tampa Bay, they're a third to a half to a quarter. Now, if you want to make it so only the cocaine smugglers can afford to live here, that's what you're trying to do with these up and up and up and up with the prices. Mr. Plummer: Sir... Mr. Russell: Do you know how much it costs to live on your dock now for a fifty foot houseboat that costs maybe 20 grand? Do you know how much it costs? Mr. Dawkins (Off mike): What's the difference, sir... Mr. Russell: Seven, eight thousand dollars a year. That's a young mortgage for which you get nothing but water and electricity and a right to some poles to tie to. Mr. Dawkins: What's the difference, sir, between the cost of living in Hillsborough County and in Dade County? 157 July 9, 1987 Mr. Russell: It's about the same when you go to the grocery store. It's about the same when you go to buy a house. It's about the same when you go to buy a car or Out gas in it. Mr. Dawkins: No, it's not, sir. No, sir, no sir. Mr. Russell: But when you go to dock your boat... Mr. Dawkins: No, air, it's not the same. Mr. Carollo: It's a native born Tampa. Mr. Dawkins: Yes, if I'm from Tampa. That's not fair. That's not fair to me. OK. Mr. Russell: Well, you're telling me it costs 10 percent of what to buy groceries there? Mr. Carollo (Off mike): You know Tampa. Mr. Dawkins: See, is groceries the only item that you consider in the cost of living? Mr. Russell: No, sir, there's quite a few others; gasoline, automobile expenses... Mr. Dawkins: OK, right. See, we got to talk about all, see. OK, but I mean - we going to be here all day. I'm with... Mr. Russell: But my point is that Dade County is an artificially high dockage rate. Mr. Plummer: What's wrong with 10 cents a foot? I don't see anything wrong. I think it's reasonable. Mr. Dawkins: I have no problems with nothing but enforcement. That's the only problem that I got and the City Attorney just... Mayor Suarez: We got... Mr. Plummer: Ten cents a foot. Mr. Russell: That's $5.00 a day, Mr. Plummer. That's $150 a month. Mayor Suarez: Wait, wait. Please, please. Mrs. Kennedy: Wait, wait, wait, because I couldn't hear - excuse me, sir, I could not hear you. He had the word first and I could not hear what he said. What did you say about - how did you answer his question on 10 cents a foot? Mr. Russell (Off mike): He's going to -charge us $200 a month out there, that's what's going to happen. Mr. Davis: I said, we don't have a problem with the price. If it's appropriate for the City to charge 10 cents a foot and enact the program that we've described here, that the City Attorney just insisted was appropriate, we would have to pay 10 cents a foot for the people that need the services. Nobody can argue with that. If 3 cents a foot is too little, five, seven, ten... Mayor Suarez: The City Manager please quit arguing with the City Attorney. Mrs. Kennedy: OK, I made my motion to... Mr. Plummer: How do we get - the problem is, how do we deal - how do we deal with the freebies? The ones that are getting a free ride? Mayor Suarez: You don't have to get carried away now. Mr. Carollo: Well, I think one of the things that we need to do is keep a full time marine patrol boat out there. 158 July 9, 1987 Mr. Dawkins: Yes, but the ones... Mayor Suarez: OK... Mr. Dawkins: ... who are not the free - getting services are not getting a free ride because they're not using our services. Mr. Russell: But that's going to cost you more than 50 cents a foot a day. Think about it. What it costs for 24 hours for four men. Mayor Suarez: Please. What is the proposal from the Manager? We're going to try for a six month test period. Mr. Plummer: Ten cents a square foot. Mr. Odio: Three cents a foot a day. Mr. Plummer: No wayl No wayl That's like charging nothing. Mr. Carollo: No, no. Mr. Odio: Forty dollars a month average for the service... Mr. Plummer: No wayl Mrs. Kennedy: Could somebody tell me what the average is? Mr. Odio: Forty dollars. Mr. Plummer: When you start - wait a minute. You're talking about police. You're talking about fire. You're talking about sanitation. You're talking about providing showers. You're providing parking. You go downtown, Roger Carlton will charge you 460.00 a month just to park a car. Mr. Sutter: If we can have a proposal... Mr. Dawkins: And the shower needs a heater now because the water run... Mr. Plummer: Hey. Mrs. Dawkins: Two people take a shower and they got no hot water. Mr. Sutter: Thank you, Commissioner. Mrs. Kennedy: OK, I... Mr. Plummer: As far as I'm concerned, 10 cents a foot is minimum. Mr. Sutter: How much? Mr. Plummer: Ten cents a square - ten cents a foot per day. Mrs. Kennedy: I amend my motion to reflect that 10 cents a foot instead of three. Mr. Plummer: I'll second the motion. Mr. Dawkins: And what plan are we trying? The one we got there? Mr. Sutter: I hope we're trying this plan here which is the voluntary plan. Mr. Plummer: We're trying the... Mrs. Kennedy: We're trying the Manager's recommendation. Mr. Dawkins: Veil, wait now. Mr. Plummer: Well, how does your... Mr. Dawkins: Wait a minute. Hold it, hold it. 159 July 9, 1987 Mr. Plummer: How does your program differ than the Manager? Mr. Davis: The primary difference between our program and the program of the Manager is that the Manager's program allows him to throw people out who don't sign up. Mr. Dawkins: And you can't... Mr. Plummer: Well, that's what's going to happen now anyhow. Mr. Dawkins: But, you can't throw them out, J.L., the City Attorney just told... Mayor Suarez: Assuming - assuming that he can do that, why don't you... Mr. Dawkins: Hold it, wait minute, wait a minute now, wait. Mr. Sutter: Well, that's what we're trying to avoid going to fight about. Mr. Dawkins: Madam City Attorney - sir, hold it, hold it, sir, hold it - Madam City Attorney, didn't you just tell this Commission that people like the gentleman with the green shirt on have a right to drop anchor in that water out there that's called Biscayne Bay? Mrs. Dougherty: I didn't say he had a right to drop anchor there, I said we didn't have the right to prohibit it. Mr. Plummer: Why doesn't he park in front of Mercy Hospital where he works? Mr. Dawkins: Now, hold it, hold it, wait a minute. OK, I'm from the ghetto - I'm from the ghetto but I really understand English. OK? Mrs. Dougherty: It's a navigable water. We don't have jurisdiction to stop It, that's what I'm saying. Mr. Dawkins: That's right - thank - OK. That's what I - that's all I'm asking you. Mayor Suarez: Phrase it in the positive. Mr. Davis: OK, now, OK. The positive... Mr. Odio: Can I ask a question to the City Attorney? Mr. Davis: I'm really trying to make a positive contribution to this problem that has plagued the City since at least 1947. If we can get this proposal for six months, we believe we will convince the City Manager's office that it is a more efficient means of doing it. That is does solve the problems and the Dinner Key Anchorage Association will stay around and try to remove this as a thorn in the side. Mr. Plummer: But how are you - how are you going - if we don't control, how are you going to get rid of those pieces of garbage out there? Mr. Davis: Even with the proposal of the City Manager, that wouldn't happen. Mr. Plummer: If we regulate. Mayor Suarez: Well, no the problem is that the implication is if we go - wait - if we go with your program that we're somehow sanctioning those member of your association that want to be out there and don't want to pay. This Commission does not want to be on record as sanctioning that. Mr. Davis: Well, as... Mr. Carollo: Mr. Manager, Mr. Manager, is the Coconut Grove Sailing Club by letting them use their facilities and charging them whatever they're charging them to use their facilities, in violation of their lease with us? Mr. Odio: I asked the question ten minutes ago. I have lease manager right now looking for that answer. 160 July 9, 1987 A 14 Mr. Sutter: It's nice, nice. Mr. Dawkins: Well 1 was going to get you - no, no, no, I'll get you a memo because, you see, if your Mowing Club is in violation for renting it, I know damn well they in violation. I ain't got no problem with that. Mr. Odio: No, no, no. Mr. Sorg: Excuse one... Mr. Dawkins: But what I'd like to know, sir, is this. Mr. Mayor and fellow Commissioners, we are attempting to work collectively and harmoniously together for a solution, OK? Mr. Davis: Correct. Mr. Dawkins: We have some individuals who come up and say, hey look, we were willing to sit down with you and work this thing out collectively and give you our expertise and all and let's use this plan. Now we're saying, no, we're not going to use that plan and then you get mad and you can go to - go on, and we don't care whether you help us or not. And all the work that they have done, they take with them and go and all the work that we've done means nothing. What kind of a way can we work harmoniously together so that we can resolve this and we can provide the services that they need and we can get the revenue that we want. Mr. Sorg: May I address that question, Commissioner? Mr. Odio: Answer this, Commissioner. What I want to ask the City Attorney, legally, if they are anchored out there can they navigate in their dinghies inside the marina waters? That's one question I have for her. Two is, how can we - what's going to happen, only ten or twelve are going to sign up no matter what he says - when you go to the ten cent, they're trying, but they're going to get ten sign up and the others are going to take advantage of the services just like they have been and we're going to keep providing services for free. Mr. Plummer: No, no, no. Mr. Dawkins: OK, and I agree with you but... Mr. Odio: So what I said is try it for six months and see how many - we get the money in. Mr. Dawkins: All right, but let's look at it and I hear you. But let's look at it the other side of the coin now. We go with a plan that tick them off and they say, well hell, we not going to pay it because the others are not paying and we're going to sit back and wait till you put everybody out. Mr. Odio: No, then I go to the Coast Guard. We have recourses. We can go to the Coast Guard and demand that they enforce the law on the sanitary... Mr. Dawkins: But I'm saying, these people here are willing to pay. You've got people who are willing to pay. Mayor Suarez: Yes, the ones who are willing to pay, we can give them identification and that makes it easier for us to stop the ones that are not willing to pay from using our services. How do we lose there? I don't... we don't have to agree that... UNIDENTIFIED SPEAKER: Mr. Mayor. Mr. Odio: We're going to have to have ten people on shore waiting to see who comes on their dinghies. Mayor Suarez: Well, you're going to have to do that anyhow if you're going to keep them from using the services. This way, at least, we'd be able to identify the ones who pay. Mr. Odio: No, no, no, sir. If everybody pays then I don't have to worry about anybody using any services. 161 July 9, 1987 A 14 Mayor Suarez: If everybody pays, you've been talking about that since 1947. You're going to have to litigate that in the courts. OK, I'll entertain a motion... Mr. Dawkins: How many members out there like you, sir, approximately? How many people with boats like you, approximately? Mr. Davis: Mr. Mayor, can I make one more statement? One more thing. You just put your finger on the entire problem. This has been going on since 1947. Mr. Dawkins: About twenty? Mr. Davis: Why can't we try this for six months and see if it works? Mayor Suarez: We've heard that argument. Mr. Sutter (Off mike): Approximately nine -tenths of the boats in the anchorage are... Mr. Dawkins: OK, nine -tenths, we'll be talking about - we'll be talking about 30 or 40 boats. Mr. Plummer: At 10 cents a foot. Mr. Davis: You're talking about 80 or 90 boats. Mr. Dawkins: Bight or ninety boats. Who are not going to pay. Mr. Davis: No, who are willing to pay. Mr. Dawkins: Who are willing... Mr. Plummer: At 10 cents a foot? Mr. Dawkins: Yes. Mr. Plummer: At 10 cents a foot I'll go along with it. Mrs. Kennedy: Yes. Mr. Dawkins: We going to throw this down the drain for trying to catch five or six people? That don't make sense. Mr. Sorg: Mr. Mayor, the Chamber of Commerce looks it as a municipal entity out there. It's a little city beginning to grow and we ought to treat it that way. It's just starting right now. My recommendation is that we compromise at 7 cents a foot, take... Mr. Plummer: Bulll Mr. Sorg: Wait a minute... Mr. Dawkins: No, 10 cents. Mr. Sorg: Wait a minute, Commissioner, wait a minute, wait a minutel Mr. Plummer: I make a motion to take away the money for the hydrofoil. Mr. Sorg: Wait a minute... Mr. Plummer: Where the hell do we get that money to help the hydrofoil? Mr. Odio: I second the motion. Mr. Plummer: You go ahead, keep talking, you're going to talk yourself right out of it. Mr. Sorg: The other, Mr. Mayor... Mr. Plummer: Just go ahead. 162 July 9, 1987 A 114 Mr. Sorg: Mr. Mayor, the other point is let's take six months, see how many sign up. Mrs. Kennedy: Stuart. Mayor Suarez: I won't... Mr. Sorg: They're signing up to use City facilities. After six months, let's evaluate it. Mayor Suarez: I would entertain a motion for... Mrs. Kennedy: I have a motion on the floor for 10 cents a foot; a trial period of six months and then we can evaluate it again. The same thing. Mr. Carollo: Trial period two months. You should know perfectly - now in two months, you should know exactly who's going to sign up and who's not. Mr. Sorg: Well, some are on vacation. They're cruising the islands and so forth. They're not here. Mr. Carollo: Ah, come on, Stuart, it's bull. Mrs. Kennedy: Can you know in two months? No, two months is too soon. Mr. Carollo: You got plenty of time in two months. Mr. Sutter (Off mike): Which program? This one? Mrs. Kennedy: No, the Manager's recommendation. Mr. Sutter (Off mike): He doesn't have one. Mayor Suarez: The parameters have been specified in your program except we don't want to give the implication that we're in any way accepting anyone who is not participating in the program as being lawfully out there. Do you understand that, counselor? Mrs. Kennedy: OK, let me try... Mr. Sutter (Off mike): Yes, we understand that. Mr. Sorg: We understand that. Mr. Sutter (Off mike): Neither side is agreeing that the other side... Mayor Suarez: And we don't understand that we are dealing with an association which includes people who don't want to pay. So don't go back and convey that to them. We're only dealing with those who are willing to pay. Mrs. Kennedy: Right. Mr. Sorg (Off mike): Right, right, exactly. Mayor Suarez: OK, is that your motion? Mrs. Kennedy: Now I... Mr. Plummer: Well, but wait a minute, we are going to deny... Mrs. Kennedy: Yes. Mr. Carollo: Well, wait, wait. Commissioner you're saying that everybody should pay, right? Mrs. Kennedy: Yes. Mr. Plummer: We are going to deny those people who do not pay the use of any services... UNIDENTIFIED SPEAKER (Off mike): Right, exactly. 163 July 9, 1987 a 10' Mr. Sorg: Excellent. Mrs. Kennedy: Right. Mayor Suarez: Thank you. Mr. Plummer: ... and if they transport, if they trespass in our marina, they will so be dealt with by our Police Department. Mrs. Kennedy: Right, and that can be part of my motion. Mr. Plummer: Oh, yes. Mr. Davis: That's precisely what we've specified. Mr. Plummer: Yes, now... Mrs. Kennedy: OK, all right, then... Mayor Suarez: No, but you've also specified that you're acting on behalf of a bunch of others who are not going to be... Mr. Plummer: And at the same time, we're going to put Coconut Grove Sailing Club on notice that they're in violation of their lease. Mr. Davis: I wanted to make a clarification on that. The people are not renting services from Coconut Grove Sailing Club. Mayor Suarez: Why don't you let us figure that out and that's... Mr. Plummer: He said he is. Mr. Davis: They have bought memberships. Mr. Plummer: He said he is buying service from the Coconut Grove Sailing... Mr. Davis: Yes, he paid for a membership. Mr. Perlmutter (Off mike): I'm a member of the Coconut Grove Sailing Club, I -------- just like everybody else and it costs me... Mayor Suarez: OK. Mrs. Kennedy: Oh, good. Mayor Suarez: We will investigate, I'm sure, exactly what the status is of those... Mr. Carollo: How much do they charge for membership, Mr. Manager? Is it more than the Rowing Club or not? Mr. Odio: I think it's more than the Rowing Club. Mayor Suarez: OK, do we have a motion on that, Madam Commissioner? Mrs. Kennedy: Yes, we do. Mayor Suarez: Do we have a second? Mrs. Kennedy: We have a second. Plummer's. Mr. Sorg: Would you state the motion so everybody understands it clearly. Mayor Suarez: The motion is to charge... Mrs. Kennedy: Ten cents a foot. Mayor Suarez: Right - and to provide the services enumerated to all of those that are willing to pay. Mrs. Kennedy: Are willing to pay. 164 July 9, 1987 a 0 Mayor Suarez: And anyone that is not willing to pay, is considered to be an outlaw and certainly cannot use any of our services. Whether we can enforce anything beyond that we'll have to see. Mrs. Kennedy: That's right. We will cut the services: Mrs. Dougherty: Do you want to, at the same time, apply to be an anchorage? Mrs. Kennedy: For a trial period of six months. Mr. Dawkins: All right. Before the vote, before the vote... Mayor Suarez: For a trial period of six... Madam City Attorney, I'm sorry, Commissioner. Mrs. Dougherty: Do you want to, at the same time, while this is being considered or being as a test case, do you want to also consider applying to become an anchorage? Mr. Plummer: Sure. Of course. Mr. Sorg: Yes. Mr. Dawkins: That's why we need their help. Mayor Suarez: Yes. Mr. Dawkins: OK, now before we go any further, let me hear from the Waterfront Board because Stu is taking over for the Waterfront Board. Mr. Padrick: No, not yet. Mr. Dawkins: No, no, I'm only kidding you. He knows that. Go right ahead. Mr. Padrick: No, I think the Waterfront Board is trying to be the mediator in this all along, trying to find a happy medium. Obviously, we realize early on that we were talking to two different groups, unfortunately. One group that was represented and said they were willing to participate and others that said, no, we didn't want to participate. Not just those who are using the Coconut Grove Sailing Club, but there are others who are going to continue to use City property, City services and say, I don't want to pay. And it's just that simple. And we've always felt that it should be everybody pay... Mayor Suarez: OK, we... Mr. Padrick: ... it makes it easier to police and to control. Mayor Suarez: We've tried to deal only with the group that is willing to pay for services. Mr. Plummer: I wonder if Father Paul has any space in the back of the Camillus House for boats? Mayor Suarez: We have a motion and a second. Any further discussion? Mr. Carollo: I would like the maker... Mayor Suarez: Commissioner. Mr. Carollo: ... and the seconder of the motion, if instead making it six months, at least cut it in half to three months. Mr. Padrick: If I could interject something about that. Mr. Plummer: We can always - why not, we can extend it. Mrs. Kennedy: Do you think - OK, let... Mr. Carollo: What? Mr. Padrick: Mr. Commissioner, during these next three months you've got a lot of boats who are cruising during the summertime that would be in and out 165 July 9, 1987 and it would be very difficult, I would imagine, for the City to police or enforce any of this implemented on a three month basis. Mrs. Kennedy: Let we ask the !tanager since he will be implementing the motion. Mr. Manager - Mr. Manager, is three months a reasonable length of time, and if not, you can come to this Commission and we can extend it. Mr. Sorg: It's going to put a burden on the Manager to try to find all these people. It's going to be an------- MayorSuarez: Please, Stuart. Mr. Manager. Four months? Mr. Carollo: Stuart, we've asked the Manager, not you, OK. You're going to be out swimming in that canoe instead of hydrofoils real quick. Mr. Odio: I prefer the six month. Ve prefer the six month. Mrs. Kennedy: Six months then, yes. Mr. Dawkins: Vhat we have, may I help? Vhat we have here is... Mr. Plummer: A mess. Mr. Dawkins: We're at the height of the summer. Mr. Sorg: Right. Mr. Dawkins: And you have numerous transient boats where people start at Maine coming down the intercoastal and when they get here, they anchor here one or two nights... Mr. Padrick: And gone. Mr. Dawkins: ... prior to going down to the Bahamas and the Caribbean and what have you. So until they start - and coming back, they do the same thing and they come back and they anchor here a couple of nights, get their act together, and they start back up the intercoastal going up to Maine, Massachusetts and what have you. So, right now, as he said, it's very difficult to determine who is what because some of those people just as this gentleman over here, they anchor for two nights and they don't even come in. They rest and they don't - and they have whatever they need and then they pull off. So, I would hope that we could go with the six months, you know, to give it a good... Mr. Carollo: That's the original motion. I just think ve should try to bring it to a head as soon as possible. Mayor Suarez: Ve have a motion and a second. Any further discussion? Call the roll. 166 July 9, 1987 -- ---- -YOU The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-680 A RESOLUTION CONCERNING THE DINNER KEY ANCHORAGE ASSOCIATION, INC. AND ALL VESSELS ANCHORING IN THE AREA KNOWN AS THE "DINNER KEY ANCHORAGE", ACCEPTING THE CITY MANAGER'S PROPOSAL THAT ALL OWNERS BE REQUIRED TO PAY A FEE OF TEN CENTS (100) PER FOOT OF VESSEL LENGTH FOR CITY SERVICES AND FACILITIES INCLUDING DINGHY DOCKAGE, SHOWERS, LAUNDRY FACILITIES, VEHICLE PARKING AND GARBAGE PICKUP; AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PROGRAM FOR A SIX-MONTH TRIAL PERIOD; PROVIDING THAT ANY VESSEL OWNER WHO FAILS TO PAY SAID FEES SHALL NOT BE PERMITTED ACCESS TO OR USE OF SAID CITY SERVICES AND FACILITIES AND THIS/HER VESSEL SHALL NOT BE CONSIDERED AS LAWFULLY PLACE; FURTHER DIRECTING THAT THE NECESSARY STEPS BE TAKEN TO HAVE THE AREA DECLARED A LEGAL ANCHORAGE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: For those who don't pay, don't be polite. I vote yes. 64. COMMENDATION: OFFICERS J.J. FERNANDEZ AND GEORGE MARTINEZ Commendation to Officers J. J. Fernandez and George Martinez de Castro: For their contributions to the safety and well-being of all member of our community, and for having been selected Officers of the Month for May 1987. 65. DISCUSSION CONCERNING PROBLEMS AT 225-27 N. W. 34 AVENUE Mayor Suarez: Item 71, Ercilio Bugnes. ------ problems. Mr. Plummer: Mr. Manager, why don't you tell us at first what the problems on the property are? Mr. Odio: We were ordered to bring this item back, you remember it was discussed on late time on June 25th... Mr. Plummer: Well, I wasn't here. Mr. Odio: ... you had left and I'll have - Cather, Mr. Cather explain to you what happened. This is... Mr. Plummer: What's the problem? 167 July 9, 1987 Mr. Don Cather: The lady next door to Mrs. Bugnes applied for a permit to plant a tree in front of her house in the parkway which is common practice. We granted the permit. The tree met all the requirements and the was given a permit for the tree. The next door neighbor complained that the tree interfered with traffic and caused a traffic hazard and interfered him from leaving his driveway. And so he came in and complained and we said, no, it did not constitute a traffic hazard. That it was a perfectly legal permit and that the woman had a right to plant the tree. And that was the end of it. Mr. Plummer: So this gentleman is the one who is saying you're wrong. Mr. Cather: Yes, sir. Mayor Suarez: Do you want to use an interpreter? Go ahead. Ercilio. (Mayor Suarez speaks to the individual in Spanish.) Mr. Ercilio Bugnes: At this moment, I don't going to talk too much. Mayor Suarez: Put your name and address in the record. Mr. Bugnes: My name is Ercilio Bugnes. My address 225 N. W. 34th Avenue. Which I bring with an interpreter because my English spoken is not so clear and I try, but I going to try to speak in English everybody speak... Mayor Suarez: You're doing pretty well, better than the City Manager sometimes. Mr. Plummer: That's not hard. Mr. Carollo: That's because the City Manager didn't go to Harvard. Mr. Odio: But he cannot row. Mr. Bugnes: OK, now. When I complain about that, I don't receive the answer that I am waiting or I don't receive any answer and is that reason that I looking for the help of an attorney and that attorney can't come here now but he prepare one paper, one document, then told me giving to the different Commissioners, the Mayor, and City Manager and with that document they can prepare an answer for that and be back as soon as possible. Is that I'm going to do now. Rest of the thing we can discuss when my attorney can be here or when you understand that you have a good answer to that question. OK? Mayor Suarez: Rene, is he saying he doesn't want us to take any action today? Mr. Rene Viera: I think that what he's trying to say, Mr. Mayor, is that at this time, an attorney has prepared a document and I think what he has failed to say is that the tree is not the problem. This problem is one going back to 1983 to which Mr. Bugnes has some documentation, a lot of as a matter of fact, as to problems that he's had with the people next door and the tree is just part of this problem. This goes back to 1983 and... Mr. Carollo: Excuse me, who is the gentleman that is speaking now? Mayor Suarez: Why don't you give us your name and your address. Mr. Rene Viera: My name is Rene Viera, sir, I am not a resident of the City of Miami. I haven't... Mayor Suarez: Well, give us your address, that's OK. Mr. Carollo: Yes, but, are you an attorney representing him or... Mayor Suarez: No, he's just interpreting for him. Mr. Viera: 11430 S. W. 32nd Lane. No, I am not, sir. I'm a friend of his, just here interpreting, so I have no business here before the Commission. Mr. Carollo: OK. Mr. Dawkins: OK, thank you. Mr. Carollo: Thank you very much. 168 July 9, 1987 Mayor Suarez: hoes it not make sense to... that we consider this new evidence, if you want to call it that, and get back to him at a later Commission meeting. Mr. Vierat I think that's what he is trying to get you to do, sir. Mayor Suarez: Would you explain to him in case it hasn't become clear that we will look at this and get back to him. Mr. Viera: I will do that, air. Mayor Suarez: Don, would you look at - if it's an issue of a nuisance by a neighbor, you know, we'll have to take into account - take that in the way we usually deal with those issues. You can have my copy. Gracias Ercilio, gracias Rene. Mr. Carollo: What do they want exactly? Mayor Suarez: I think he's just complaining about a neighbor. I don't know what. Mr. Carollo: Well, isn't that why we have the Dade County citizens dispute? Mayor Suarez (Off mike): That may be the best place to refer. We'll refer him to it. He wants to make a personal appearance. Mr. Dawkins: Thank you. Mayor Suarez: That's not a bad point. Commissioner Carollo is reminding us that there is a citizens dispute settlement board still functioning, is it not? Mr. Carollo: Yes, always has been, Dade County. Mayor Suarez: And if the main problem is a neighbor, that's a good place to start. Mr. Viera: Mr. Mayor, his problem is not with a neighbor. Mayor Suarez: OK. Mr. Plummer: Well, this here shows that they need a lot of the code enforcement. Mr. Carollo: It's not with the neighbor? Ar. Viera: No, sir, it's not. Mayor Suarez: Maybe Code Enforcement. Mr. Carollo: Is it with the City? Mr. Dawkins: I don't know what it is, I'd rather read it and have him come back. Mr. Carollo: Madam City Attorney, can you ask him to give you a copy of this so that you could read it and, if need be, you could answer them appropriately. Mrs. Dougherty: I had a copy. Mayor Suarez: Did you get the copy that I gave to the staff, Madam City Attorney? 169 July 9, 1987 ------------------------------------------------- 66. $3600 IN SUPPORT OF "BANDIDOS" SOFTBALL TEAM Mayor Suarez: Item 72. Mr. Odio: You know, when 1 was trying to think of a name for the Heat, 1 thought of Bandidos, but... Mr. Larry Suarez: That's already taken. Mr. Odio: It's better than the Heat. Mayor Suarez: That's right. Trade name has been registered. Go ahead, sir. Mr. Suarez: Larry Suarez, 13926 E. Lakewood Drive. This is a program that we started in 1977 as part of the City of Miami Parks and Recreation where a group of kids from different City parks are recruited and representing the City of Miami in Metro Championship and the State Championship. If we win those championships, we travel to a National Tournament. The last ten years, we've been fortunate enough to have pretty decent teams and been able to go to the National Championship. We haven't been fortunate enough to win the National Championship but we came in third last year. And we're seeking funding for the tenth consecutive year from the City of Miami. Mayor Suarez: Where did you get your funding the other nine years? Mr. Suarez: From the City of Miami, since 1977. Mr. Carollo: Excuse me, this is Mr. Suarez... Mr. Suarez: Correct. Mr. Carollo: Bandidos. Mr. Suarez: Yes. Mr. Carollo: OK. Mr. Suarez: We, by the way... Mr. Plummer: Suarez... Bandidos... Mr. Suarez: A couple of years ago, I was asked I was... Mr. Carollo: For the record, you're not part of any foundation or trust or anything, right? Mr. Suarez: No, this is... Mr. Carollo; OK. Mr. Suarez: ... very non profit. Mr. Carollo; For those of you that - a feeble snicker. Mr. Plummer: Now the question he wants to know, the question he wants to know, are you related to Mayor Bandido? Mr. Suarez: No, no. Mr. Carollo: It's Mr. Watson here. Mayor Suarez; Go ahead. Mr. Suarez: And I'm... Mr. Dawkins: What are you asking for? Mr. Suarez; I am asking for the funding for the National Champion... 170 July 9, 1987 04 Mr. Dawkins: What kind of money? Mr. Suarez: $3600 which is include... Mr. Dawkins: $3600? Mr. Suarez: Yes, sir. Mr. Carollo: Who? Mrs. Kennedy: Move it. Mr. Dawkins: To keep youngsters in the structured thing... Mr. Carollo: Move. Mrs. Kennedy: Second. Mr. Dawkins: ... I move it, $4000. Mr. Carollo: It's been moved; thirty-six hundred. Moved; thirty-six hundred. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Suarez: Thank you very much. Mayor Suarez: Wait, we haven't voted yet. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-681 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,600 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE CITY OF MIAMI BANDIDOS SOFTBALL TEAM PLAYERS WHO WILL REPRESENT THE CITY OF MIAMI AT THE BOYS NATIONAL SOFTBALL CHAMPIONSHIP TOURNAMENT TO BE HELD IN ALBANY, GEORGIA, JULY 29 THROUGH AUGUST 2, 1987; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH THE CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: Go over there now and find out how quick you can get your money. Go over there to the Manager. 171 July 9, 1987 67. $125,000 FOR GREATER MIAMI NEIGHBORHOODS, INC. FOR LOW INCOME HOUSING EFFORTS Mayor Suarez: Item 73; Greater Miami Neighborhoods. John. Mr. John Hali: My name is John Hall, 780 N. E. 69th Street in the City of Miami, Vice President of Greater Miami Neighborhoods, Inc. which is an affiliate... Mayor Suarez: Could you move just a little closer to yourself, John. Mr. Halls Sorry? Mayor Suarez% Just move the mike a little closer to you. Mr. Hall: Oh. I'm vice president of Greater Miami Neighborhoods which is an affiliate of the Enterprise Foundation. I'm representing Louis Wolfson who is chairperson of the board who cannot be present today. We are here today to request approval of an allocation of $125,000 in residuals community development bloc grant funds, Greater Miami Neighborhoods. to cover a portion of our operations budget for a one year period. It was indicated in the handout which you just received, Greater Miami Neighborhoods began approximately two years ago with a goal of working with two community development corporations in the City of Miami to generate fifty units of affordable housing for the very poor within the City limits. Our results, so far that we're now working with four organizations in an effort to generate 93 units of affordable housing for the poor within the City limits. Mr. Plummer: We've got the money. The manager recommends. Mrs. Kennedy% OK, go ahead. Mayor Suarez: OK. Mr. Plummer: Mr. Mana... fine. With the provisions which I added in there this morning, the Manager tells me the program is good. He is for it and one of the rare times we've got the money. With a... the money going directly to housing projects and not as originally proffered to administration and someone from our housing authority having control and accountability, I move the item be granted. Mrs. Kennedy: Second. Mr. Plummer: One twenty-five. Mayor Suarez: Moved and seconded. Before we vote, I'd like to introduce into the record... Ms. Anne Marie Adker: I'd like to... Mayor Suarez: ... a letter received dated July 7, 1987, from Jim Rouse, I guess he's chairman of the Enterprise Foundation - he is, supporting this request. Ann Marie. Ms. Ann Marie Adker: I'm Ann Marie Adker, 407 N. W. Sth Street, Miami, Florida. In granting the $125,000 to the Enterprise Foundation and/or Greater Miami Neighborhoods, I have a problem. They are obligated to building low income housing? Mr. Dawkins: No, ma'am, affordable housing. Ms. Adker: How can you build affordable housing for poor families? Mr. Dawkins: That's what they got to be affordable. Ms. Adker: My... Mr. Dawkins: Public housing is low income. 172 July 9, 1987 A Ms. Adker: Yes, but my problem is... Mr. Dawkins: Yes, ma'am. Ms. Adker: ... that St. Johns' CDC would be the recipients of lot 10 and 11 and, as I get it, this would be a joint venture between Enterprise or some help between Enterprise and the St. Johns' CDC. Now, I live in Overtown and I am very much against low income housing - anymore of it. We have five complex there already and we don't need to create another ghetto. I want to make sure that the City isn't helping to do that. You know, you've intentionally done so much to deteriorate Overtown that, hopefully, this is not another one of your ploys. Mr. Dawkins: You can rest assured, Mrs. Adker, that you are correct. If you go back with me to what J.L. Plummer said, J.L. Plummer said that someone from the City of Miami will be monitoring this. Ms. Adker: OK. Mr. Dawkins: And the reason he put that in there is, we intend to do just what you say, build a house that's affordable, a house that meets the needs, that is we don't want nothing for - with no 800 square feet, and we got certain rules and regulations that they're going to have to adhere to and I'm with you, what we're saying is, if a family has to move there, what is affordable to me and you is that after they pay the rent, they can afford to go to Publix. That's affordable. Ms. Adker: Well, no, no, no. Here again, you're hearing without listening to me. Mr. Dawkins: OK, go ahead. Mr. Plummer: No, that's his wife. Mr. Dawkins: Go ahead. Ms. Adker: We're trying to build an economic foundation in Overtown, OK? And we need housing, especially new constructed housing, that will motivate people back into Overtown. I don't need no 850 or 900 square foot house. Mr. Dawkins: That's what we said. We're saying the same thing. We will not permit that. That's what I'm telling you. We will not permit that. Ms. Adker: OK, I want it on record that I said that. OK? And if you... Mr. Dawkins: And I want it on record that we agree with you one hundred percent. Ms. Adker: OK. All right. Mr. Dawkins: All right. Ms. Adker: Good. Mr. Plummer: Let me make it clear on the record two stipulations. One, that the money from the City derived is going into housing and not administration and the City of Miami, through its housing bureau, will in fact have some control and accountability. Mr. Odio: Yes, sir. Mr. Plummer: I've already moved it, Mr. Mayor. Mayor Suarez: Item - Item seven... did we vote on it, Madam City... Mr. Dawkins: No, we didn't vote. Mayor Suarez: Call the roll. 173 July 9, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-682 A RESOLUTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ALLOCATE AN AMOUNT NOT TO EXCEED $125,000 FOR GREATER MIAMI NEIGHBORHOODS, INC. IN SUPPORT OF THEIR PROGRAM WHICH PROVIDES FINANCIAL AND TECHNICAL SUPPORT OF COMMUNITY -BASED LOW INCOME HOUSING EFFORTS, SUBJECT TO A MEMBER OF THE CITY ADMINISTRATION BEING IN CONTROL AND HAVING FULL ACCOUNTABILITY AS TO ALL ASPECT OF THE PROJECT; AND FURTHER STATING THAT SAID MONIES ARE TO GO INTO THE PROJECT PROPER, NOT INTO ADMINISTRATIVE COSTS ASSOCIATED THEREWITH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Carollo: Hold on. Hold on, hold on, hold on. Is this item... Ms. Hirai: Seventy-three. Mr. Carollo: Seventy-four, OK. Mr. Plummer: Seventy-three. Mayor Suarez: Seventy-three. Mr. Carollo: Yes, of course, of course. 68. USE BILLBOARD SPACE PRESENTLY DUE TO CITY (FROM BILLBOARD COMPANIES) TO ADVERTISE AIDS HOT LINE Mayor Suarez: Item seventy-four. Mr. Odio: They are asking for funds, $60,000 of, to advertise in billboards about the AIDS campaign. Mr. Dawkins: Thank you. Mr. Odio: In order to save them time out, what we're trying to do is we have free time - free advertising coming to the City in the billboards and we're trying to see how much we can provide to them. And, we're recommending against the funding of this advertising but we certainly would like to help them get some time in the billboards for free. Mr. Carollo: Well, I think we should split it at least with them. If we can't give them all the money is to make sure that some of the trades that we have with some of the billboard companies... Mr. Odio: Right. 174 July 9, 1987 Mr. Carollo: ... that they get some of that space... Mr. Odio: What's what... Mr. Carollo: ... and then at the same time, make up for whatever we can't give them, in the form of a grant. Because I think this is an issue that's going to affect all of the community. Mr. Odio: Well, if we provide them the time that they were looking for, which was a six month bilingual billboard campaign, and we do have time coming to us I don't see where we have to provide them any funds. Mr. Dawkins: Well, along the lines of what Commissioner Carollo said, why don't we take the requests and go to the billboard companies who owe us space, and may - no, with what you're going to give us what would it cost us to provide that that's being requested? Mr. Odio: Yes, sir, we'll go ahead and do that. OK? Mr. Plummer: So we'll be doing it in -kind, in other words. Mr. Odio: In -kind. Mr. Plummer: I move at this time that the City Manager be instructed to go to those companies which owe us billboard time and negotiate for in -kind services for this group not to exceed $60,000. I so move. Mrs. Kennedy: I second. Mr. Carollo: Excuse me, would that be sufficient? Mayor Suarez: Moved and seconded. UNIDENTIFIED SPEAKER: We think it is. The art work and the graphic design is being donated so what we need to do is acquire the resources for the billboard rental so if we can use a variety of resources it would be fine with us. Mr. Carollo: OK. All right. Mr. Dawkins: OK, OK. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-683 A MOTION AUTHORIZING THE ADMINISTRATION TO GO TO THE BILLBOARD COMPANIES, WHO PRESENTLY OWE SPACE IN SAID BILLBOARDS TO THE CITY, IN ORDER THAT THE CITY MAY NEGOTIATE USE OF SAID SPACE TO PROVIDE COMMUNITY EDUCATION, A HOT LINE FOR INFORMATION REFERRAL ETCETERA TO INDIVIDUALS DIAGNOSED AS HAVING AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $60,000 TO BE USED ON CONNECTION THEREWITH. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. I 175 July 9, 1987 04 A 69. DISCUSSION CONCERNING MIAMI AMATEUR BASEBALL ASSOCIATION USE OF BOBBY MADURO BASEBALL STADIUM ------------------------------------------------------------------------------ Mayor Suarez: Item seventy-five. Mr. Odio: We have already in the budget - they're asking for $28,000 and we already put that - we have a line item in the budget for '87-188 for this Miami Amateur Baseball Association. It's been in the budget now for a few years and we support this fully. They have created a very important amateur baseball league and it's already in the budget. If you approve the budget, it'll be there. Mr. Dawkins: It'll be twenty-five... Mr. Plummer: So why are they here? Mr. Dawkins: Because they don't know. Because they don't know. That's why they're here. So let's just tell them. What did we say? What the Manager just said is that we have budgeted $25,000 for yot since we do this each year in order to keep from having to go through this, there's $25,000 in the '86- 187 budget to... Mr. Plummer: 187-188. Mr. Dawkins: 187-188 budget to do what you want done. It's already there. It's just a matter of our passing the budget and then you letting us know when you want it. Is that what you said, Mr. Manager? Mr. Juan Huarte: Right, we need $6,000 more. Let me explain. Mayor Suarez: Give us your name and address too. Mr. Huarte: My name is Juan Huarte. I live in the City of Miami. Four forty N. W. 59th Court. I am the president of the Miami Amateur Baseball Association. As you know, the Miami Amateur Baseball Association is a non profit organization that was created in 1982 by the late Bobby Maduro and by Pepin Prieto that is here with us. Since the beginning over 1200 young people, young adults, have participated in this educational and constructive atmosphere. This concept was created by Bobby Maduro and Pepin Prieto and every year since 1982, this project has been cosponsored, as he said, by the City of Miami through the Department of Recreation. Our goals for the 187 season includes expanding the program to encompass young adults age 15-23 years of age. This will be accomplished by the addition of the 15-17 years old division and we are going to serve over 350 young adults. Today, same as in previous years. We need again that the City of Miami give us the Bobby Maduro Stadium, that's the money that he was talking about, for September through December, but we need $6,000 to pay part of the cost of the umpires. The remaining balance, in the amount of $25,000, has been pledged by private sector. The board of directors of the Miami Amateur Baseball Association has appointed Pepin Prieto as executive director for this championship the same way that he was doing before with Bobby Maduro. Together, we can continue to serve and aid in the development of our future with other leaders. Please remember, our future is our youth and our youth lies in our future. We really need that little help, $6,000, to complete the budget... Mr. Plummer: Six thousand more. Mr. Huarte: Yes. This is only to pay part of the expenses of the umpires. We already got pledge of $25,000 to complete the budget. Mr. Odio: Again, let me repeat, Mr. Mayor, we have a budget, a line item budget of $28,000 for M.A.A.B.A. and we recommend that when the budget is approved, that's what they have. Let me remind them, that we are providing a full time City staff, Juan Pascual, who replaced Bobby Maduro after his death. Bobby Maduro was a city employee and it was the City who created this league and we are in full support of it. 176 July 9, 1987 Mr. Dawkins: I'd have to say that whatever the Manager recommends, if it's twenty-eight, that's what I'll have to go with in that I've already argued with him about reducing the millage and he's shown me that he is doing some pretty good fiscal management and I would hot attempt to give you $6,000 to throw his budget out of whack and what have you. So if the Manager say he has allocated twenty-eight thousand and... Mr. Plummer: Go away and sin no more. Be very pleased for your twenty-eight. Mr. Huarte: Well, we don't use one penny from the twenty-eight, the twenty- eight we use to pay the stadium. We don't use one penny in the boys. Mayor Suarez: How much does it cost you at the stadium? I thought they had an overage there? I thought there was a little... INAUDIBLE RESPONSE. Mr. Plummer: Are they play at night or day? Mayor Suarez: But is it exactly twenty-eight for the stadium? Mr. Walter Golby: That's what it's been running the past, yes. Mr. Plummer: Do they play at night or in the day? Mr. Golby: At night and they also - that's part of the light costs. Mr. Plummer: Well, that's... Mr. Carollo: I'm going to make the motion to approve the request. Mayor Suarez: So moved. Mr. Dawkins: It dies for lack of second. Go to something else. Mr. Plummer: Ask three times. Mayor Suarez: Once again, do we have a second? A third time, do we have a second? See, thing is that that's... Mr. Dawkins: That move to approve the Manager's recommendation. Mayor Suarez: I don't know that you need to, but... Mr. Odio: Commissioner, you don't have to do that now because it'll be in the line in the budget. Mr. Dawkins: OK, all right, thank you, no problem. It's in the budget, it's in the budget, OX. Mayor Suarez: A lot of organization of this sort don't get $28,000, believe me, we're going about as far as we possibly can. 70. REFER FUND REQUEST FROM SERVICE INSTITUTE ("MIAMI NICE") TO TOURIST INDUSTRY COUNCIL -------------------- Mayor Suarez: Item 76. Mr. Odio: Mr. Mayor, this is the "Miami Nice" program which St. Thomas University started with the taxi cab. It is a great program and I know these people well. They are doing a great job. But, unfortunately, we're not in the tourist business and I need to recommend against this. Mr. Plummer: No, no, no. Much to the contrary, we are in the tourist business. We do not sponsor dinner dances. Mr. Odio: Yes, but there's a bed tax that comes in to do those kind of things and they go to the... 177 July 9, 1987 f r Mr. Plummer: Exactly, that's where it should come from. That's where the program was sponsored from originally. From the TDC. Mr. Tom Murphy: My name is Tom Murphy. I'm the executive director of the Service Institute Act, St. Thomas University which offers the "Miami Nice" program and the proposal today is quite separate from the issue of training. That training is funded by the bed tax and by Dade County which contributes $90,000 a year to the program. An opportunity has presented itself, however, to promote Miami and the City of Miami in a great and positive way. This July, the second anniversary of the program, all 3800 of Miami's taxi drivers will have been through the program and to salute the fact that Miami is the first City in the country to have made all of its taxi drivers courteous. All 3800 drivers will be trained this month. In order to salute and call attention to the fact that Miami is the first City in the history - first City in the country to do this, we are producing an event for the taxi drivers and their families and that is the proposal. The training, $90,000, is allocated by the county annually to do the training. This proposal is to salute the drivers and to have a beach party for them. Not a dinner dance, but a beach party that would be a countywide effort; from City of Miami, the county, Miami Beach, and the hospitality industry to do something over and above the training. Mayor Suarez: What facility do you plan to use? Is there any possibility of using a City facility that we could waive fee for in lieu of having to make a cash contribution? Mr. Murphy: Well, one of the options was to do a dinner dance that way. However, as part of the countywide effort to include City of Miami, Miami Beach and the county, the Miami Beach is offering cash plus facilities on the beach plus all the food and the beverage to have the beach party on Miami Beach. What we are looking to do is to show that this is a true countywide effort. Involve the county which supplies $90,000 a year, City of Miami for ten, and Miami Beach for all of the food and the beverage and the facility. Next year, it could switch to the City of Miami for the annual party. The point is, what we're looking to do over and above the training, is to create a promotion that calls attention to the City of Miami and calls attention to the drivers and to their accomplishments. Mr. Hugh Padrick: Mr. Mayor, my name is Hugh Padrick. I reside at 2490 N. W. 18th Terrace. Mayor Suarez: I'd love to know in what capacity you're going to argue this one. Mr. Padrick: Not with the Waterfront Board. I'm a private citizen. My contact, or connection with "Miami Nice" is through the Dade County School system which I'm employed by. Our school, Lindsay Hopkins, has had connections with the "Miami Nice" program in bringing some of the concepts into some new programs we've established at school, the Way to Waitress program and the Housekeeping program in the hospitality industry. I've seen the "Miami Nice" program in action and visited their facility and such. I've talked to a lot of the drivers. I'm been quite impressed with it from an educational viewpoint. I think that the guys that have been through it have learned a lot. If you've ridden in a cab lately, you get a totally different viewpoint of Miami from the cab drivers. The program is a great program and if you could help them, I, as a citizen, would like to see you do so. Mr. Plummer: Well, see you have to remember, that the County took away from the City the right to regulate cabs. And when they took away that right, they also take away the responsibilities. Mr. Murphy: Oh, I realize that, Mr. Plummer. Mr. Plummer: And that responsibility is to fund the program. Mayor Suarez: Is Bill Byers still out there, I wanted to... if he's out there, ask him how the Greater Miami Business and Convention Bureau might react in view of the fact that he's in the marketing committee. It seems like a classic one. That's what you suggested before, right? Mr. Plummer: Bunky. 178 July 9, 1987 f�l Mayor Suarez: Joanne. Ms. Joanne Holshouser: Would you let me speak on it? Mayor Suarez: Yes. Ms. Holshouser: Joanne Holshouser, 4330 Ingraham Highway and I'm here to speak out as a private citizen. I was fortunate enough to be invited to one of the first sessions that they did at St. Thomas to see what this was going to do. And I was impressed then and I'm impressed now. I've ridden in many of these cabs. We've done a remarkable thing. I have sat here and watched you all and railed at you sometimes. We give money to shows that promote something that you hope a television viewer will watch and see Miami. This, believe me, is a perfect thing for people in other areas to see about Miami. We should get, maybe the bureau is the correct one, but I think that we should do everything we can to publicize this nationally. USA Today, magazines, TV stations should have this. This is more appealing, I think, to the ordinary citizen in Minnesota or Los Angeles or New York City. This is more appealing about Miami being hospitable and friendly than having the beauty queens march across the stage and what they look at are, I won't say the portions of the anatomy, but you all know what I mean. We need them to look at nice people. That's why they come to a city. They can see anatomy any place, but we've got something special and I wish we could help them out. Mayor Suarez: And what they're requesting is 1/24th of what the compensation received by the new executive director of the Greater Miami Visitors and Convention Bureau, isn't that incredible) Mr. Murphy: My name is Tom Murphy again and I believe that the lady's point is directly to the point. That what we're talking about here is a chance to... Mr. Plummer: There's Bunky. Mrs. Kennedy: There's Bunky, come in. Mr. Murphy: ... focus positive national attention on Miami over and above the training. The training is funded by the Convention Bureau, by the airport, by the seaport, and by Dade County on an annual basis. This event which... Mr. Plummer: Well, why aren't they paying for the event? Mr. Murphy: They - this is an event that I'm going around to City of Miami which has not paid to this point any money for this program which calls attention to Miami. Mr. Plummer: How much money has Coral Gables paid? Mr. Murphy: I'm going to City of Miami, City of Miami Beach, Dade County, the Convention Bureau and the Hotel Association to produce this event. Mr. Plummer: Has the City of Coral Gables given you any money? Mr. Murphy: No, I have not gone to the City of Coral Gables. Mrs. Kennedy: Do you intend to ask.... Mr. Plummer: Has Hialeah given you any money? Mr. Murphy: I'm going to the ones that I mentioned. I'm not going to all the municipalities. Mr. Plummer: Well, don't every one of the cities benefit by the program? Mr. Murphy: Yes, and I think that the leadership of City of Miami would be very good as a way for me then to go to these other places to make the point that they should contribute. Mayor Suarez: Bill, let me ask you a question. As a member of the marketing committee of the bureau, would you be in a position to recommend this to the bureau and what would you expect to be their response? A minimum expenditure 179 July 9, 1987 July 92 1907 04 of ten thousand for a program I think everyone agrees is a great program f or our metropolitan area, Miami Nice. Mr. Bill Byers: But I'd like to have more of the who, what, why, when and where of the thing first. Yes, at first blush, but I would certainly same thing... Mayor Suarez: They have not divied up the entire marketing budget so that they'd be able to find some monies possibly? Mr. Byers: They - the committee makes recommendations all the time on things like this. Most - fifty percent of them get shot down. But again, I'm not familiar with this proposal enough to make a judgment, but I would certainly say that it's the kind of thing that should go before the marketing committee and your people at - that you have named to it. Yes. Mr. Plummer: I make a motion at this time this matter be referred to the marketing committee of the TIC. Mayor Suarez: Would you take it to the committee if we approve this motion? Mr. Dawkins: Second. Mr. Byers: Yes. Yes, I will. Mayor Suarez: And you've got the contact with Mr. Murphy obviously. Mr. Byers: Yes. Mayor Suarez: If not, come back to us. I'm not guaranteeing anything because we haven't taken a vote on the City actually allocating monies but that's a classic one. Mr. Plummer: No, please - please don't guarantee. Mayor Suarez: If they don't do this one, I don't know what they would do. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-684 A MOTION DIRECTING THE CITY MANAGER TO REFER A REQUEST FOR FUNDS RECEIVED FROM THE SERVICE INSTITUTE TO SUPPORT A DINNER/DANCE FOR "MIAMI NICE" GRANTS TO THE MARKETING COMMITTEE OF THE TOURIST INDUSTRY COUNCIL (TIC). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ISO July 9, 1987 - - u Y gal 1167- Will 71. A - DISCUSSION CONCERNING OFF STREET PARKING DEPARTMENT UNDER THE MANAGER; S - CITY ATTORNEY TO STUDY POSSIBLE APPOINTMENT OF CITY MANAGER AS EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY Mayor Suarez: Item 78. Mr. Odio: It's Commissioner Dawkins' item. Mr. Dawkins: Oh, OK, she'll find that while I... Mr. Mayor, fellow Commissioners, I Mould like to place the Off -Street Parking in the Manager's office in that I feel that the money generated by the Off -Street Parking and etcetera could be better utilized - no, that's the wrong wording - but we could get a better handle on what's happening and we would be responsible so, therefore, I make a motion that the Off -Street Parking be placed in the Manager's office. Mr. Plummer (Off mike): Does that also refer to the DDA? Mr. Dawkins: Yes. but we want to vote at them one at a time. Mr. Plummer (Off mike): Oh, OK. Mayor Suarez: So moved for - I'll second it for discussion purposes. Mr. Plummer (Off mike): Motion made to place the Off -Street Parking Authority under the Manager's office, seconded by the Mayor. Mayor Suarez: This would be by a charter referendum? Mr. Dawkins: I don't know. the City Attorney would have to tell us how it could be done. Mr. Plummer (Off mike): ----- take a referendum. Mrs. Dougherty: What is the question, I'm sorry, I was looking for the covenant. Mr. Plummer (Off mike): To place the Off -Street Parking Authority under the City Manager. Mrs. Dougherty: It would take five votes to abolish the Off -Street Parking Authority. If you wanted to amend the terms, you'd have to go to referendum. So it would have to be abolished... Mr. Plummer (Off mike): Under discussion. Mayor Suarez. Mayor Suarez: I think if the Commissioner is proposing that we have hearings on the charter amendment to put this on the ballot. Do we still have time to do that, Madam City Attorney, for the November election? Mr. Carollo: Who put this on the agenda? Mrs. Dougherty: You'd have to pass a resolution directing me today to prepare the language for the 23rd. Mr. Carollo: Well, what is the language that we want to place in the ballot? Mrs. Dougherty: To place the Off -Street - to change the authority of the board and to place the authority under the City Manager. Mr. Carollo: To change the authority. Mrs. Dougherty: Right now we have a board of directors of the Off -Street Parking Authority. Mr. Carollo: Right. 181 July 9, 1987 s ,. Mrs. Dougherty: And the State law says that you can't modify the powers of a board that is existing by charter. However, the State law also says that you can abolish any department. So, in order to modify the powers of the board or to abolish the board itself, than you have to go to a referendum. Mr. Carollo: Yes, but what doesn't make sense to me is, we have the final word on who sits on that board and who doesn't. At the same time, the resolution that I introduced some months back, giving the Manager the authority to deal with many things that he didn't have before, should have resolved everything. So I don't see why this issue keeps coming back again and again and again. I'm beginning to think that, you know, this is an issue that... did you bring it up, Miller? Mr. Dawkins: Yes, um humm. Mr. Carollo: Well, what is the you're trying... Mr. Dawkins: OK, ever since I've been here, and it's nothing unusual, I've been voting to put the Off -Street Parking in the office of the Manager and every year I bring it up and I lose five to one. I have no problems with losing five to one when I bring up something I be... Mr. Plummer (Off mike): Four to one. Mr. Dawkins: Four to one - I have no problems in losing four to one when I bring up something I believe in. And I believe that this should be in the Manager's office if four members or three members of this Commission feel that it doesn't, I have no problem with it. Mrs. Kennedy: It has to be unanimous. Mr. Carollo: You feel the same way about DDA or just the Off -Street Parking? Mr. Dawkins: I feel the same way about DDA. If four members say no, three members say yes, then I'm going to make the same motion with DDA that I made with Off -Street Parking and whatever, but I'd like for us to go ahead and do something and move on. Let's don't, you know. Mrs. Kennedy: But Commissioner, you have to have a unanimous vote... Mr. Dawkins: To abolish. Mrs. Kennedy: ... for Off -Street Parking. Mr. Dawkins: I don't want to abolish the, see - the board... Mrs. Kennedy: To merge. Mr. Dawkins: ... is doing a good job, but they have too much autonomy for me, OK? And when I got elected, I said that and I've been saying it the whole six years I've been here and I've never gotten enough votes to do it. So I have no problem with it. Mr. Plummer: For the record, Commissioner Kennedy, that does not apply - that same does not apply to the DDA. That can be abolished, changed or whatever by three votes. Virginia, do you wish to speak? Ms. Joanne Holshouser: Ah. Mayor Suarez: Joanne. Ms. Holshouser: Yes, thank you, if it's pertinent. Joanne Holshouser, 4230 Ingraham Highway. The Civic Club and the Tigertail Association are very concerned about the fact this is coming up. It is true, it comes up rather frequently. Mr. Dawkins: Not frequently. I bring it up once a year. Ms. Holshouser: Well, that's frequently. Mr. Dawkins: OK. 182 July 9, 1987 Ms. Holshouser: too frequently. I think that basically what we wonder is, why does it keep coming up? We have an authority that is doing a magnificent job. My understanding is they have the highest bond rating, for instance, of any authority of this nature in the country. We have something that works. I think, perhaps I'm wrong, but I think one of the problems is just that they do have the authority of an authority. And I think that grates on various people elected, appointed, hired, all of them. But I think that what we've got is something that works. We have got something that has, as far as I know, never had a taint of mismanagement or scandal or suspicion of any sort. We have something that works and has involved itself with a number of citizens, not just the people that you all have appointed to the board, but a number of people. If you looked at the people who have worked just on Gunman Hall, you will see outstanding people from the City of Miami and Dade County. These parking garages are run properly. Gunman Hall is a jewel for everybody in the country to appreciate now. It's getting better all the time. They do what they are supposed to do. I know that you all have several things you could do. What I'm offering you to do is, please, back off and leave it alone, it's working, it's working. Mr. Carollo: Let me just say this for the record that, if we could call that a department, the Off -Street Parking Authority or department is probably the best run department within the City of Miami structure. I'm not saying that I agree with everything they do all the time or not or... Ms. Holshouser: That's true. Mr. Carollo: ... getting any personalities in the way but looking at it strictly as a business, as if it were a private corporation, it's got to be the best run, the best financially run unit that we have in City government. And it doesn't make sense to me to throw it into another arena that it is no doubt in my mind going to be the cause of it not working as good as it is functioning now. And at the same time, it's going to politicize the Off - Street Parking Authority to an extreme. That's my opinion. Ms. Holshouser: Thank you. Mr. Plummer: Any further discussion? Mrs. Kennedy: Yes, let me just say it for the record that I agree with everything you have said and they're more really than collecting money from the meters also that's the perception is out there on the street. They do a lot of good things with the money. And you know my motto, if it ain't broke, don't fix it. Ms. Holshouser: That's right. And I offer to you that if this does become a _ political football, it is going to take a great deal of time and energy of all of us because I can promise you, that there are many of us who aren't going to see it be changed without a big fight. We've got other things that we're going to fight about, let's leave this alone. Let's let it keep on doing the excellent job it's doing. Mr. Plummer: Any further discussion? Call the roll. Mr. Carollo: What's the roll that we're calling? Mr. Plummer: The motion is to place the Off -Street Parking Authority under the Manager. You don't need it. MOTION DEFEATED: On motion by Commissioner Dawkins and seconded by Mayor Suarez, the foregoing motion was defeated by the following vote: AYES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. ABSENT: None. 183 July 9, 1987 COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Dawkins did better this year, but you still lose. Three to two. FOLLOWING COMMENTS MADE AFTER ROLL CALL COMPLETED: Mr. Dawkins: That's right so I'll be back next year so you can come back next year and make your speech. Because I will be here. Me. Holshouser: I'll bring more people with me next time. Mr. Dawkins: All right, you can bring till you want, I'll be here until 189 and if I don't get reelected in 189, I won't be back with it. Ms. Holshouser: Thank you. Mr. Plummer: All right, we'll... Mr. Dawkins: I would like to do the same thing with the - I feel that the DDA does the same thing that our Planning Department does and I feel that the DDA should be out of the Manager's office and that - would not be a duplication of services and the same as Mr. Carlton, I must say Rog - McKenzie does, I mean Kenzie does a good job - in fact he's one of the best in his field and his area, but there again, I still feel that this should be in the Manager's office and I move that it be placed there. Mayor Suarez: So moved. Mr. Plummer: Well, I want to second the motion, but I got a problem. I got a problem because the City Attorney tells me that if I put it under the Manager, that in fact that the funding - the special taxing funding, would be lost. Now, Madam City Attorney, how do I cheat? I mean I think we know what we're trying to accomplish. I've said for years, OK, that a great deal of the work is the Planning Department, only downtown. I got a real problem and I said it this morning and I'll say it again. When the Director of the DDA makes more money than my City Manager, I got a problem with that. Now, your motion is to place it under the Manager and I can't vote with that really and honestly to allow those funds to go down the drain. But I think we - at least the majority of the feeling that I get up here, think that there needs to be a radical change. Now, can we, in fact - well, can we reverse it. Can we put the Manager in the DDA? No, what I mean by that is the same thing that we did with the Sports Authority. Can we make - can we, the Commission make the executive director of the DDA the Manager or his designee? Can we do that legally? Mrs. Dougherty: I think you can do that. That's something I could... and this is a different situation. You're not in a situation where you have a charter body like you have in the Off -Street Parking Authority. What you do though, is you run the risk of having the millage, the extra millage declared invalid because you don't have a separate autonomous agency. So, yes, your idea may be a valid one and I'd have to go back and look at it. Mr. Dawkins: Well, why don't we do this, J.L. Why don't I withdraw it and bring it back in September after the City Attorney has researched it and given us all... Mr. Plummer: I have no problem with that. Mr. Dawkins: OK, I withdraw. Go ahead. Mr. Plummer: Well, well, wait a minute. Let's do this. Let's get a feeling, because if there's not three votes there, why put her to the work? Mr. Dawkins: OK. That's right, that's right. Mr. Plummer: Now, can we take a straw ballot? Mrs. Kennedy: OK. Mr. Dawkins: No. Mr. Plummer: Huh? 184 July 9, 1987 July 9, 1987 Mr. Dawkins: We'll vote it down so I'll come back next year. Ain't no problem. Mrs. Kennedy: Yes, well let's talk about let's discuss it now. Mr. Dawkins: Vote it down to I can come back next year. Mr. Plummer: No, I - well, what do you want to discuss, Rosario? She's saying that she's got to research it. Mrs. Kennedy: OK, but let's talk about your con - your idea. Mr. Plummer: OK. Mrs. Kennedy: To put the Manager on... Mr. Plummer: Or his designee... Mrs. Kennedy: ... or his designee... Mr. Plummer: ... as the executive director. Mr. Odio (Off mike): Of the what? Mr. Plummer: Of the DDA. Mr. Odio (Off mike): When do I do that? In my spare time? Mrs. Kennedy: That's what happens when you don't pay attention. Mr. Odio (Off mike): In my spare time... Mr. Dawkins: No, we're going to - if we equal your salary, can you find the time? Making a salary equal to his? Mr. Plummer: No, the concept that I was approaching, Cesar, was the concept is what we used in the Sports Authority. That's the concept. Now, the City Attorney says that she's - she would have to research that to see - you know, nobody up here wants to lose the funding. And that funding should be for the downtown area. Don't look at Ron Silver now or I'll go back to the Off -Street Parking and make Miller a winner. Mr. Odio (Off mike): He knows he lost... Mr. Plummer: Can we do that? I don't know. He don't give any free legal advice. He charges for everything. Well, I for one, like the concept. OK? Mrs. Kennedy: It doesn't bother me that much, I'd like to see what the City Attorney has to say, but... Mr. Plummer: Well, assuming is it legal, I guess is what I'm saying is, do you want to pursue it? That's really, I think, the question. Mr. Dawkins: I'll withdraw it and bring it back next year. Mr. Plummer: No, no, no, no, no, no, no. Mr. Dawkins: It's my item. I don't have no problem with it. Mr. Plummer: No, no, well, then I'll make the motion and bring you back in September. No, no, no, no.... Mayor Suarez: We have a new motion to bring it back in September. Study it in the meantime. Mr. Plummer: All right, well, I would make a motion at this time that the City Attorney be instructed to come back at the next Commission meeting and give us whether or not it is legal for the City Manager or his designee be appointed by this Commission to the DDA in the same concept as what we did with the Sports Authority. And bring it back at the 23rd meeting. 185 July 9, 1987 Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Mr. Plummer: OK? Mayor Suarez: Any discussion? Mr. Carollo: Yes. Mr. Plummer: We haven't called the roll yet. Mayor Suarez: Call the roll. Mr. Plummer: Don't be so anxious. Mr. Carollo: I might have wanted some discussion. How do you know? Mr. Plummer: OK. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-685 A MOTION INSTRUCTING THE CITY ATTORNEY TO COME BACK BY THE NEXT CITY COMMISSION MEETING PREPARED TO INFORM THE CITY COMMISSION AS TO THE LEGALITY OF APPOINTING THE CITY MANAGER OR HIS DESIGNEE AS EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: None. 72. DENY APPLICANT RELEASE FROM COVENANT IN CONNECTION WITH CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2 AVENUE UNTIL CITY IS SATISFIED ORIGINAL COVENANT HAS BEEN MET Mayor Suarez: We've got item 77. I'm sorry, sir. We asked you to wait because Commissioner Dawkins wanted to check something out. Go ahead, proceed with item 77. Do you want to proceed with 77 or do you want to just sit there? Mr. Cather: If you recall, there was a covenant granted to close 31st Street and the covenant stated, and I'll read it. It says: "One, that they maintain the roadway in perpetuity in accordance with basic standards established by the City of Miami Department of Public Works, and, two, provide improvements, public benefits and amenities on or within the general vicinity of the roadway, as mutually determined between the City of Miami Administration and the covenanter in the amount of at least $200,000. The provision requiring public vehicular access on what is now known as 31st Street between the hours of 7:00 a.m. - 9:00 a.m. and 4:00 p.m. - 6:00 p.m. on weekdays, except holidays, as set forth in the original covenant running with the land, is hereby deleted." They have performed, according to our calculations, work amounting to a hundred and sixty-five thousand. We have not included work in the amount of *20,000 for sidewalk improvements which we consider to be required under the subdivision improvements, although they were done on the property and within the property. They also did fencing work which was not included as part of the work because this would have been part of the fencing 186 July 9, 1987 of their property. Now, if you choose to decide that these two items - the sidewalk work and the fencing work - are part of the amended agreement, then they have satisfied the agreement at this time. The two items really in question are the fencing and the sidewalk work. They have also done, since the time of the last meeting, they have done, according to his letter, an additional $5,000 of landscaping. Mrs. Kennedy: Is there anything else that he can do? Mr. David Fieldstone: Well, I'm missing two people. Mrs. Kennedy: Oh, OK. Mr. Fieldstone: I was told to come back for a full Commission. Mrs. Kennedy: Right, here they are. Don, is there anything else that he can do? Mr. Cather: No, I think that covers it. Mr. Fieldstone: Well, our contention is on the two items that Mr. Cather mentioned, that they were contemplated when this whole arrangement was made and they were also mandated in the plan of the subdivision agreement that has to do with the street closing and platting, so we had to do it. And it was just part of the work that was contemplated by the whole matter. There's also another matter, too, that at the time, the City Commission voted, five to nothing, against the City Manager's recommendations to approve all of these matters and, for some reason, the City Manager who was the Manager at the time held up building permits for us for a considerable amount of time. I have all the evidence here. We are advised that they were held up improperly and it caused us a tremendous amount of damage which we never took issue with except that we brought it on for a Commission hearing and he dropped this edict that was posted in the Building Department and then we still had some problems and, eventually, he wasn't the City Manager any more. I have all of the evidence of that also, if you're interested in seeing it, but we've never been compensated for our losses for that - we never really asked to be - but we're also asking for some fairness, here, in this whole matter. This $30-35,000 we're talking about was required for us to do under this agreement. In fact, part of it we had a lot of problem doing because we couldn't get the permits - as well as permits were held up for other projects on the site. And, if you really want to look into that, I have the information with me. Mr. Plummer: Madam City Attorney, advise us. Mr. Dawkins: Before you advise us, Madam City Attorney, read what the covenant said would be done. Mrs. Dougherty: He covenants to maintain the roadway in perpetuity in accordance with basic standards established by the City of Miami Department of Public Works and to provide improvements, public benefits and amenities on or within the general vicinity of the roadway as mutually determined by the City of Miami Administration and the covenantor in the amount of $200,000. Mr. Dawkins: Good, OK, so if he has not provided $200,000 worth of amenities, then the covenant has not been kept. Is that correct? Mrs. Dougherty: That's correct. Mr. Plummer: So advise us what to do. Mr. Dawkins: That's right. Mr. Fieldstone: Our argument is that we have provided the $200,000 according to the covenant. Mr. Plummer: I don't pay you to advise me. I pay her to advise me. Mr. Fieldstone: I understand. I'm saying what... Just so the issue is clear. Mr. Plummer: I understand what your point is. Mrs. Dougherty: It's a factual determination. The Public Works Department has said: Do not include items such as fencing and sidewalk improvements, because that would have been required, anyway. Mr. Dawkins: And the fence is in his private parking lot, so that's not to the City's benefit. I mean, I'm just saying that I agree... Mr. Fieldstone: That's not true. Mrs. Dougherty: It is public benefits, is what it was that was being required. Mr. Dawkins: So advise us what we can do now. Mrs. Dougherty: You can either not approve what he is asking you to do, that is release him from this covenant. And then advise me to sue on the covenant at some reasonable date. There is no date in here as to when he has to comply, so it would have to be a reasonable amount of time, if you do not believe that these are public amenities and he has, therefore, not complied with the covenant. You cannot take back the street. That was your question to me in earlier time. Mr. Dawkins: Then I move that until you and this Commission is satisfied that the covenant is met that we withhold whatever else there is to give. Mrs. Dougherty: The approval of the release. Mr. Dawkins: That's right. Mr. Cather: I'd like to add just one thing. This covenant says "improvements, public benefits and amenities." Now, the fence is an improvement in that it does restrict the access and protect the property. The sidewalk was required under the subdivision improvements but it is still, nevertheless, an improvement. Mr. Dawkins: But the fence is put up, if you go over there, so that a private parking area where you have to pay $5 to park, you cannot drive in it. So that's not an amenity for the City of Miami. Mr. Plummer: Or the public. Mr. Dawkins: That's not for the public, that's not a public amenity. Mr. Plummer: Sir, would you like to compromise? Mr. Fieldstone: Well, I don't know what I can compromise on. We've paid the money. Mr. Plummer: Well, I can tell you. I can give you some suggestions. Mr. Fieldstone: We've also... Mr. Plummer: You don't want to listen. Mr. Fieldstone: You haven't dealt with the fact that our building permits were held up improperly for a large amount of time. Mr. Plummer: Sir, would you like to donate about $20,000 worth of playground equipment? Mr. Fieldstone: No, we paid the money. Mr. Plummer: All right, sir. I asked. I second your motion. Mr. Fieldstone: It's not fair. We've paid the money. Mr. Dawkins: Mr. Mayor, we've got a motion and a second. Carry the motion, Rosario. Mr. Fieldstone: I'd rather get a judicial interpretation of what the covenant means. j 188 July 9, 1987 a a Mr. Plummer: Sir, you're going to have that opportunity. Mr. Fieldstone: That's fine. Mr. Dawkins: The motion is that we instruct the City Attorney to withhold... What is the motion, Madam City Attorney? Mrs. Dougherty: It's to not grant the release of covenant as requested. Mr. Plummer: Until it's complied with. Mr. Dawkins: Until it's complied with. Mr. Plummer: Mr. Mayor, we'd like to call a vote. I seconded it and so I can't call the vote. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-686 A MOTION DENYING APPLICANT RELEASE FROM A COVENANT IN CONNECTION WITH THE CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2 AVENUE, UNTIL THE CITY COMMISSION AND CITY ATTORNEY ARE SATISFIED THAT THE ORIGINALLY OFFERED COVENANT BY APPLICANT HAS BEEN COMPLIED WITH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 73. ESTABLISH PARK ADVISORY BOARD; APPOINT ALAN WEISBERG, ANNIE BETANCOURT, ANNE WILSON, T. WILLARD FAIR, RAFAEL CUZA Mayor Suarez: Item 79. The Park Advisory Board. Do you also want to discuss the fees? Mr. Plummer: No, I've already done it in the off -time. Mayor Suarez: I'm satisfied for the moment. Mr. Plummer: The only question I've got in reference to the park, and I've got to bring this up on the table. It was my understanding when I voted before that if beer or wine was to be sold in the parks that they would have to get approval from the Commission and a permit be paid for. Mrs. Dougherty: Wait, wait) You asked me that question a few minutes ago and I looked in the Code, but in the back of my mind I remember we amended, although my Code is not amended. The new provision is the City Manager and/or his designee is authorized to permit the sale or dispensing of wine or beer in soft containers in additional City parks on special occasions and special events or programs upon exception of the applicant permit form and upon review of recommendation and written approval by the police and parks, recreation and public facilities. Unless approved by the Commission, not more than three permits will be issued during the calendar year for any given park and, with the exception of those specific sites listed in A (which Flagami is not one of them)... I n O �,...., _ i.. .. i ! � Mr. Plummer: No, Robert King High. Mrs. Dougherty: It isn't, but it's OK. Under this, the Manager can do it. Mr. Plummer: So, in other words, then, all I have to do is take out a permit and I pay a fee for that as well as a fee for the park. Mrs. Dougherty: $300 a day is required, is hereby established for all... Mr. Plummer: What? Mrs. Dougherty: A permit fee shall not be applied where beer and wine are dispensed at no charge for social functions. Mr. Plummer: So, what are you telling me? If I use Robert King High for a function, how much is it going to cost me? Mrs. Dougherty: $300 if you don't sell beer. $600 if you do. Mr. Plummer: In other words, the rental of the park is $300? Mr. Eads: (OFF MIKE) The rental of the park is $75 if you're a resident and a hundred and fifty if you're not. Mr. Plummer: OK, I'm a resident, and if I serve beer - not sell it... Mr. Eads: (OFF MIKE) $300. Mr. Plummer: Why are you shaking your head "no"? Ms. Diane Johnson: No, if they're dispensing it only, there is no charge. Mr. Plummer: Only if you sell it. Ms. Johnson: There is a charge only if you sell it. If that's what it is, then I've got no problem. So, in other words, if I rent that facility, it's going to cost me $75 in a rental and since I'm not selling beer, only giving it away, there is no charge for that. Mrs. Dougherty: No - $300. Ms. Johnson: No charge for the beer permit, no. But you still have to get a permit. Mr. Plummer: And I've got to pay $300 for it? Something's wrong, here. Ms. Johnson: No charge for the permit, if you're dispensing it. UNIDENTIFIED SPEAKER: You get a "no charge" permit. Mr. Plummer: But I've got to pay $300 for the right to do it? Mrs. Dougherty: All right, she's right. Mr. Plummer: So, in other words, if I go there and I have a party in that park, I'm going to pay $75 as long as I don't sell beer. Ms. Johnson: Correct. Plus any labor costs that are incurred for cleanup or the like. Mr. Plummer: Now, how much does that cost? Ms. Johnson: For a crowd of 200? Mr. Plummer: Yes. Ms. Johnson Probably less than $100. Mr. Plummer: OK, fine. That's all I wanted to know. Now, let me ask you another question, right quickly, I hope. Someone came the other day and said they wanted to go into a City park with an igloo full of beer for their family at a picnic and were told they couldn't do it. 190 July 9, 1987 Ms. Johnson: That's correct. Mr. Dawkins: But they can get a permit and don't pay a fee for the permit - is that what you're saying? Mr. Plummer: You know, I think maybe we're going overboard, really. Me. Johnson: We only allow alcoholic beverages in the park for special events or programs. At all other times they're not allowed. Mr. Plummer: I've got to think about that. Mr. Dawkins: What you doing - continuing this? Mr. Plummer: No, no, no, I'm not trying to continue it. You know, what the hell, if you want to go on a Sunday afternoon with your family and a bucket of Kentucky fried chicken and a six-pack of beer... I hate beer, but... Where the hell does a family go to a picnic area that you can't take a six-pack of beer and enjoy it? Mrs. Joanne Holshouser: That's right. Ms. Johnson: The way the Code is written, there are no alcoholic beverages in the parks. Mr. Plummer: All right, fine, I understand the way the Code is written, but is it reasonable? That's what I'm asking. Ms. Johnson: I have to admit that it is not something that is enforced all the time. Mr. Odio: It might not be, for instance, at Virginia Beach. Mr. Plummer: Cesar, I say to you that in any of the major parks - now I'm not talking about a neighborhood park - maybe I am, I don't know. It just seems unreasonable to me that if a family wants to have a picnic in a City park that they can't take a six-pack of beer. Mr. Odio: Well, you're shaking your head, but I don't think when you have kids playing around... Mr. Plummer: I think the problem at Virginia is a matter of control. I guess that's what it is. Mrs. Holshouser: I'm here to speak about a different part of it. Mr. Plummer: I know what it is, at least I'll speak to the issue later. Mayor Suarez: Where are we? Ms. Johnson: Park Advisory. Mr. Plummer: I'll have to give you an appointment later. Mayor Suarez: The Advisory Board is for the capital improvements plan, right? Mr. Odio: Yes. Mr. Eads: (OFF MIKE) The $8,000,000. Mayor Suarez: We're not going to be having a Park Advisory Board, now, to be telling us how to operate the parks in the City of Miami. Mr. Odio: No. Mr. Eads: (OFF MIKE) No, sir, what we're trying to do is to get an advisory board that will hold a series of meetings in neighborhoods to consider the suggestions that we came up with and recommendations... Mayor Suarez: The capital improvements on the $8,000,000. 191 Mr. Plummer: That wasn't Rosario's proposal. Her proposal, as I recall, was to have an advisory board of every park in which improvements were going to be made with the thoughts that those people in that community would set for this Commission the priorities of what they set. If we designate X number of dollars, those five people... Mayor Suarez: But you, of course, have to decide the priorities for the whole thing. Mr. Plummer: Well, we're going to do that. Mayor Suarez: You don't need an advisory board to make recommendations on It.? Mr. Plummer: I don't think we do. Mr. Eads: (OFF MIKE) I think the purpose of the advisory board was to represent the Commission at the various neighborhoods to receive the input from the neighborhoods. Mr. Plummer: Well, OK, I have no problem with that, but I thought the concept was that once those allocations are made - and we're still going to make the bottom line - that once those allocations were made we would have five citizens of that community saying how they felt best that that money would be spent in their park. You're talking about a super committee over the Individual park committees. Mayor Suarez: You're proposing, how many members, by the way? Mr. Plummer: Five. Mayor Suarez: And the idea is to do it very quickly, I guess. Mr. Plummer: Sure. Mr. Eads: Yes. Mayor Suarez: I've got a nomination, if the rest of the Commission... Mr. Eads: (OFF MIKE) We'd also appreciate an alternate, so as we move through this process... Mr. Plummer: I don't think any of the rest of us are ready. If you want to make your nomination, I'll second it. Mayor Suarez: I'll nominate Alan Weisberg, who's been on the other park advisory committee and now he'll see what the Inner -City parks are like. Mr. Plummer: That's a good idea. Mr. Eads: If you'd like to give a name and an alternate, also. Mr. Plummer: Naming for the big advisory board of the parks to do the allocation of funds. Mayor Suarez: Let me do it the other way round. Let me nominate Freddy Santiago - he's got more time - to be my appointee and Alan as my alternate. Mrs. Kennedy: Let me just put on the record a group of people who have several names of people who have expressed an interest. Robert Parente, Barry Feldman, Annie Betancourt, the executive director of the Dade delegation, Maria Elena Torano, Anne Marie Adker. Mayor Suarez: By the way, as long as they're looking around for nominees, we mentioned - I don't think you were here - that Clemente Park was either number one or number two priority in the City, so I hope you make that argument very strongly. An argument was made this morning that we should spend more money in a resolution passed to the effect that we should spend more money on Range Park than just simply spread the money throughout the City to improve the pools, and I feel the same is true about Clemente. Instead of spreading all this money around, let's go for two or three parks that really need it: Clemente, Range, Virrick Park is in really bad shape. That's my feeling, but we'll see what the advisory board comes up with. This idea of improving every park in one shot with eight million bucks is not necessarily the way to proceed. Mrs. Kennedy: Let me name one of them at this point: Annie Betancourt. Mr. Dawkins: I'm going to put another activist on there with Freddy Santiago. I'm going to put Talmadge Fair on there with him. Mr. Plummer: All right, three names have been offered. Mayor Suarez: Backed up by alternates, too, you might as well take it all in one motion. Alan Weisberg because I put Freddy as the principal. Mr. Plummer: You got an alternate, Dawkins? Mr. Dawkins: No. If he doesn't serve, I'll serve. Mr. Plummer: OK, Rosario, have you got an alternate? Mrs. Kennedy: Yes, Anne Wilson. Mr. Plummer: Joe Carollo, do you have your nomination for the Park Advisory Board, or the alternate? Mayor Suarez: Can you invite the alternates to attend, so that they can have voice, if not a vote? Mr. Dawkins: If Talmadge doesn't serve, I'll alternate. Emilio - he's another activist. Mr. Plummer: The Park Advisory Board. That will be the ones who will designate how the allocation of the $8.3 million will go to what park. Mr. Carollo: How many people...? Mr. Plummer: Five and an alternate. Mr. Carollo: Each of us names one? Mr. Plummer: Each of us will have one main member and one alternate. Mr. Carollo: I'll have mine next week. Mr. Plummer: The motion is seconded. Call the roll on those names that have been proffered. Mr. Carollo: Tell you what - you know who I'm thinking of naming? Mr. Plummer: Who's that? Mr. Carollo: Rafael Cuza. Mr. Plummer: Do you have an alternate? Mr. Carollo: I'll come up with a name later. Mayor Suarez: Do we have the nominations, all into one motion? Mr. Plummer: Sure. Mayor Suarez: Mr. Vice -Mayor, you're not going to make yours just yet? Mr. Plummer: No, sir, I don't have mine prepared. Mayor Suarez: Do you want to make the motion so you can just submit yours in writing. Mr. Plummer: That's fine. Mayor Suarez: Call the roll. 193 July 9; 1987 The following motion was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-687 A RESOLUTION CREATING A "PARK ADVISORY BOARD" AND APPOINTING CERTAIN INDIVIDUALS TO SERVE ON SAID BOARD; SETTING FORTH THE PURPOSE AND FUNCTION OF SAID BOARD; AND PROVIDING FOR THE BOARD TO PRESENT ITS RECOMMENDATIONS TO THE CITY COMMISSION NO LATER THAN THE OCTOBER 8, 1987 CITY COMMISSION MEETING. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: the following appointments were made: FREDDY SANTIAGO (nominated by Mayor Suarez as regular member) ALAN WEISBERG (nominated by Mayor Suarez as alternate member) ANNIE BETANCOURT (nominated by Commissioner Kennedy as regular member) ANNE WILSON (nominated by Commissioner Kennedy as alternate member) T. WILLARD FAIR (nominated by Commissioner Dawkins as regular member) EMILIO LOPEZ (nominated by Commissioner Dawkins as alternate member) RAFAEL CUZA (nominated by Commissioner Carollo as regular member) Pending still are nominations to be made as follows: one alternate nomination to be made by Commissioner Carollo; one regular and one alternate nomination to be made by Vice -Mayor Plummer.) Mrs. Holshouser: Excuse me, may I please comment on the parks, quickly, before we get off this? Mayor Suarez: Yes, Joanne. Mrs. Holshouser: In discussing all of this, I think that one thing we haven't understood in the City of Miami for a long time is this. The events that are using these parks are not paying their fair share, folks. You're letting these parks go for bucks. You're letting people use these parks, stress the parks, not necessarily misuse them, but overuse them, and the City is giving it away. I would offer to you that, in the first place, $300 is totally unrealistic for the use that some of these people are making of parks. Later, I am going to ask for time on the agenda in the fall to discuss the fact tha-u downtown Miami should be the site for most of the festivals in the City of Miami, and I'll go into that later. But because you're on parks right now, I'd like to say to you, you all need to understand what sponsorship from beer companies are bringing to the festivals that are using the parks and paying us $300, folks. The City Manager is always looking for a way to bring in revenue, and rightly he should. I'm suggesting that instead of giving them for a $300 permit, the right to dispense beer, you ask them for a percentage of the sponsorship money. Mayor Suarez: Joanne, that's interesting, but you're really talking about different kinds of events. You're talking about commercial events where you charge people, or you sell things. You're thinking of Coconut Grove Arts Festival, or something. Most of the events we're talking about are community organizations using their community parks, making absolutely no money, and they can barely pay the $300, let alone more. Mrs. Holshouser: I have not said that it isn't, but I am telling you that there are events using park spaces who can pay a percentage, if they are dispensing beverages... $300... 194 Tttt v a - 1-027__., _ ..------ ___- a Mayor Suarez: And that probably shouldn't be a flat fee. You're probably right. There are really two different kinds of events. Mrs. Holshouser: Well, this is what I'm saying. I really hope the Parks Department will look into this and get people to pay what they're using from the parks. Mayor Suarez: That's a very valid distinction. Some of those events do bring major corporate sponsors and everything else. But the ones I'm thinking about, they can barely pay... Mrs. Holshouser: But whatever it is, if they're bringing 15-20,000 people into a park, $300 does not cover what it costs the Parks Department. Mayor Suarez: And if you offer them a percentage payment, that works out, anyhow, because if they don't bring in much money, they don't have to pay much. If they bring in a lot, they have to pay a lot. Mrs. Holshouser: This is what I'm saying. It would work out. Mayor Suarez: That in itself, I don't agree... I just don't want to give the impression that that's the kind of event that we're dealing with in the great majority of them. 74. REFER TO VICE -MAYOR PLUMMER REQUEST FROM EDISON TOWERS DEVELOPMENT GROUP, IN LIBERTY CITY, FOR SUPPORT OF MARKETING AND DEVELOPMENT OF THEIR PROJECT. Mayor Suarez: Item 80, Edison Towers Development. You've been patient. We've been patient. Give us your name and address, please. Mr. Lorenzo Simmons: Greetings, Honorable Mayor, fellow Commission members. My name is Lorenzo Simmons. I'm Vice President of Tacolcy Economic Development. My address is 14001 N.W. 2nd Avenue. We're here today to request that the Commission would relieve us of some of the conditions they have placed in Resolution Number 86-341 that was dated May 7, 1986. We officially began the project March 31, 1987. We're almost eight floors of the completion of the structural part of the building and now that we are into the project we've run into some problems as far as line items that we have budgeted... Mayor Suarez: You don't come here with the same request as East Little Havana, do you? Mr. Simmons: Yes. Mayor Suarez: To establish a disbursing agent to whom we would give all the monies? Mr. Simmons: No. We've done that. We just want you to release the restrictions that you have placed on the funds. Mr. Dawkins: That's J.L.'s baby. We have to wait... J.L., they are addressing your issue here, sir. Mayor Suarez: But in the case of East Little Havana, we did it always through the bank. You want us to do it directly through the development agency, Tacolcy? Mr. Simmons: No, no, no. Last year you had this resolution that you placed restriction... Mayor Suarez: Right, we held back certain monies. Mx. Simmons: Right, we're requesting that the Commission lift the •restrictions, or conditions that it placed upon the use of the money we want to develop Edison Towers. We are requesting it because we are farther along - ----195- - --- ---- _ _- JT1y 9-r-187 in the project at this time and we were told to come back. We've broken ground. We're almost about to top out at the end of this month on the building. Mr. Plummer: (OFF MIKE) Mr. Manager, what do you recommend? Mr. Odio: Leave it the way it is. Mr. Simmons: I'm sorry, I don't follow what you're saying. Mr. Plummer: (OFF MIKE) He said to leave it the way it is. Mr. Simmons: No, no, no, I don't think you understand what I am saying. Mayor Suarez: You're not quoting Commissioner Kennedy with that, are you? Mrs. Kennedy: He likes to do that sometimes. Mr. Simmons: What we're saying is that now that we are into the project, we can't go along with the marketing unless we get your approval. And we're getting six or seven calls a week on tenants. We need to have staff to screen these people, verify their employment, income, family status... Mayor Suarez: OK, that's really not marketing. I found that out with East Little Havana, too. They call that marketing. They got more than enough calls for units. What you need is tenant selection staff. Mr. Simmons: Exactly, and we were told by... Mr. Plummer: (OFF MIKE) Bring us to the next meeting a breakdown of where that money is proposed to go and we'll discuss it. Mayor Suarez: They couldn't even get started if they didn't have the money because they didn't have the land for free, such as you obtained from the County, so it was a little different situation there. And we used a disbursing agent, which was a bank - I guess subject to the same... Mr. Simmons: But we had the bank disbursing the funds. We don't hold the funds. Mr. Plummer: (OFF MIKE) No, but we hold the proof. Mayor Suarez: But the bank was held to the same disbursing schedule. Mr. Simmons: Right. We're saying the same thing. We've complied with that. Mayor Suarez: OK, to what extent have they not complied? They just haven't completed the project, yet, is that why they're not entitled to the rest? Mr. Plummer: (OFF MIKE) What I would like to see - I want to see a breakdown of where that money is going and how it's going to be used. Mayor Suarez: OK, we want more specificity on what you call marketing and what I like to call more tenants... Mr. Simmons: That's just one of the items, sir. The resolution had five items. One: no contingency fund expenditures may be made without the City Commission approval. Mayor Suarez: Right, well we're beyond contingencies because we're now at the end, right? So that's one item that's out. Contingencies are for things that may happen. Have they happened? Mr. Simmons: Right, right. For instance, Miami -Dade Water and Sewer charged us $35,000. We had budgeted $20,000. Mr. Plummer: (OFF MIKE) That's why we're telling you to bring us a breakdown. Mayor Suarez: Do you have that breakdown? 196 July 9, 1907 Mr. Plummer: (OFF MIKE) Mr. Mayor, I move at this time that they :be Instructed to bring us back at the neat meeting a complete breakdown of any monies that they are asking us to release so that we'll know where they're going and ghat they're going to be used for. Mayor Suarez: OK, I don't have any problem with the motion and I can see a second coming, but how about if we delegate that authority to the Manager with the same instructions? Mr. Plummer: I'd like to see it. Mayor Suarez: How about we delegate it to you? Mr. Plummer: I'd prefer not. Mr. Dawkins: All right, let's delegate it to him and if J.L. says no there's no veto power. Mr. Plummer: OK, that's fine. Mayor Suarez: Let's see, if we delegate it to you and you're not satisfied, it has to come back to the Commission. Mr. Dawkins: No, no, no, well let it come back to the Commission, then. Mayor Suarez: You're right. Mr. Dawkins: Either J.L. says no, or it's got to come back to us all, anyway. Mayor Suarez: I'm going to delegate it to him. Mr. Plummer: That's fine. Mayor Suarez: That way it doesn't have to come back to the Commission. Just satisfy him that you've got the correct items that fall within the categories in question and you've got the money. Sometimes he's a little difficult to get a hold of, but he lives right next to Commissioner Kennedy. She's a lot easier to reach. Mrs. Kennedy: You can get a hold of me. Mayor Suarez: Call the roll on that motion because we need to formalize that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-688 A MOTION REFERRING TO VICE MAYOR J.L. PLUMMER JR. A REQUEST RECEIVED FROM THE EDISON TOWERS DEVELOPMENT GROUP, IN LIBERTY CITY, FOR CITY SUPPORT IN CONNECTION WITH THEIR MARKETING CONTINGENCY OVERHEAD COSTS AND DEVELOPMENT OF THEIR PROJECT; FURTHER STATING THAT VICE MAYOR PLUMMER SHALL REVIEW SAID REQUEST AND MAKE A FINAL DETERMINATION IN CONNECTION WITH THEIR REQUEST. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 197 July 9, 1987 sr 75. AMEND AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION INC. TO FUND FOR TWO MORE MONTHS Mr. Dawkins: Mr. Castaneda, the Wynwood Community Development - for some reason, they did not measure up and they were not recommended. Commissioners, Manager and Mr. Castaneda, we did not fund this program quite some time ago, and it took them almost a year to get them in order. I'd like to make a motion that we fund the present organization for 60 days in an effort to work out whatever recommendations, or whatever has to be worked out, and at the end of that 60 days you come back and make a recommendation as to what we should do. Mr. Plummer: Second the motion. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion. Freddy? Mr. Freddy Santiago: I'd like to ask something. We've been given until September which will be three -twelfths. Mr. Dawkins: The Manager says he doesn't have three -twelfths money. Mr. Santiago: But the money, the $50,000, has been allocated for the program. It's just a matter of disbursing the money, and we would like to ask that instead of two -twelfths... Mr. Plummer: You get two -twelfths. Mr. Santiago: We would like to ask for three -twelfths. It will give us enough time to... Mr. Plummer: You get two -twelfths. Mayor Suarez: One -sixth. Mr. Santiago: OK. Mayor Suarez: Grab what you can! Call the roll. Wait! You want to try for three -twelfths, or one -quarter? Mr. Santiago: I would like to ask for three -twelfths. It would give us an opportunity to do the proper setup that we need and the advertising to hopefully get a new director and a new direction to the program. Mr. Plummer: One -twelfth! (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: You remember that from your days in the ghetto, right! Mr. Plummer: No twelfths! Mayor Suarez: Now that you live in the suburbs. Mr. Santiago: Let me tell you what the problem is. You're not going to be meeting here until September and to be proper, what we're asking is, let us have... in the three months, if you feel that we don't make... we tell you take it back. Mr. Castaneda: Well, let's do a compromise. Two -twelfths is $8,000, four thousand dollars a month. Mr. Plummer: Are you trying to get unemployed? Mr. Castaneda: No. Mayor Suarez: Five twenty-fourths. That's in between. 198 __Julr} 9_; -1987 Mr. Dawkins: Frank pants to give them the benefit of the doubt. He wants to work with them. Let him pork with them. We're not trying to... Mayor Suarez: It's costing us more to argue about the one -twelfth. Mr. Castaneda: ( OFF MIKE) They have $3800 left in their existing contract. If we extend their contract, we add $8,000 and we extend their contract date, they would have eight thousand plus thirty-eight hundred which is about that. UNIDENTIFIED SPEAKER: Fine. We'll accept. Good enough. Mayor Suarez: Eleven -eight. Mr. Dawkins: Are you trying to work with us? Mr. Plummer: That will carry them to when? UNIDENTIFIED SPEAKER: To whenever. Mr. Castaneda: Until the end of September. The contract... Mr. Plummer: You've got $3,600 extra and now you want to come back again to... Mayor Suarez: Eleven thousand eight hundred. Mr. Castaneda: Let me just clarify. $8,000 for three additional months. UNIDENTIFIED SPEAKER: We'll accept. So the contract will be extended by Mr. Castaneda: Two months, but they would only get eight thousand. Mr. Santiago: No, $3,800. That gets them for one month. Mayor Suarez: Plus eight thousand. You can spend it any way you want. You're going to get eleven -eight. What difference does it make? UNIDENTIFIED SPEAKER: That's acceptable to us. Mayor Suarez: OK, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-689 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION INC. AND THE CITY OF MIAMI, TO EXTEND THE EXPIRATION DATE OF ITS FISCAL YEAR 1986-87 CONTRACT PERIOD FROM JUNE 30, 1987 TO AUGUST 30, 1987 AND TO INCREASE ITS FUNDING IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND FIVE HUNDRED DOLLARS (44,500) FROM THIRTEENTH (13TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; FURTHER ALLOWING WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TO EXPEND REMAINING THREE THOUSAND FIVE HUNDRED DOLLARS ' ($3,500) FROM TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR A TOTAL OF EIGHT THOUSAND DOLLARS ($8,000) MAXIMUM ALLOCATION; TO ALLOW TIME FOR A REORGANIZATION OF ITS BOARD OF DIRECTORS AND PROFESSIONAL STAFF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- ' 199 July 9, 1967 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 76. CONFIRM ORDERING RESOLUTION FOR BUENA VISTA HIGHWAY IMPROVEMENT PHASE III Mr. Dawkins: Move 82. Mrs. Kennedy: Second. Mrs. Dougherty: Mr. Mayor, Commissioners, before you leave... Mayor Suarez: Moved and seconded, 82. Can we call the roll on 82? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-690 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 87-534 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF BUENA VISTA HIGHWAY IMPROVEMENT -PHASE III IN BUENA VISTA HIGHWAY IMPROVEMENT DISTRICT PHASE III H-4531. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 77. DISCUSSION CONCERNING PROPOSED EMERGENCY PURCHASE OF AUDIO VISUAL EQUIPMENT FROM GRAY COMMUNICATIONS FOR POLICE DEPARTMENT (See label #50) Mr. Dawkins: Since the Manager says that he has and problem and he has been trying to balance his budget, I move 55. Mayor Suarez: So moved. Mr. Carollo: Whoa, whoa. Hold on, let me get to 55 before you guys pull a quick one on me. Plummer had a problem with that. You're not going to get my vote on that. Mr. Dawkins: Well, that's all right, if we get three votes... Mr. Carollo: It's four -fifths votes. Mr. Dawkins: It is four -fifths? 200 July 9, 1987 Mayor Suarez: I thought Plummer was the one that asked for the thing to be considered. Where is hey Mr. Dawkins: OK, forget about it. ---------------------------------- 78. APPEAL MIKELE CARTER CASE; SEEK OUTSIDE COUNSEL Mayor Suarez: Madam City Attorney, you had an item. Mrs. Dougherty: You may recall, I had bought up an item before, asking you to give me authorization to appeal the Mikele Carter case and also to hire Fine Jacobson Block and, in particular, Arthur England to handle the appeal. The jury verdict, as you recall, found that the City discriminated against Mikele Carter for age, and the judge has finally come down with his ruling, and he has awarded back pay, front pay, emoluments and pension, and it could be anywhere from $400-500,000 in damages. So we recommend the appeal. Mayor Suarez: I'll entertain a motion that we authorize the appeal. Mrs. Kennedy: Move. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-691 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO APPEAL THE RULING OF THE U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, WHICH IS ADVERSE TO THE CITY IN THE CASE OF MIKELE CARTER V. CITY OF MIAMI, CASE NO. 84-1716-CIV- ZLOCH; FURTHER AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF ARTHUR ENGLAND, ESQUIRE OF THE LAW FIRM OF FINE, JACOBSON, SCHWARTZ, NASH, BLOCK AND ENGLAND, P.A., IN CONNECTION WITH SAID APPEAL, THE EXPENDITURE OF FUNDS THEREFOR BEING AUTHORIZED FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND IN THE AMOUNTS SET FORTH IN THE ATTACHED CITY ATTORNEY'S MEMORANDUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: *Vice -Mayor J. L. Plummer, Jr. *NOTE FOR THE RECORD: Although Vice -Mayor Plummer was absent during roll call, he asked on the record to be shown voting with the motion just prior to the meeting's adjournment. 201 July 9, 1987 marwo n SUSIM S Iro ME COMMISSION, m WAS AWOUMM AT 1:21 P.M. ATIWSTs Matte Hirai CIZT CLERIC Walter J. loaaaa ASSISTANT CITT CLERK Isvior L. Buarea V A T 0 a 202 July 91 1987 a s s CITY OF MIAMI DOCUMENT INDEX MEETS MM- JULY 9, 1987 RESCHEDULE SEPTEMBER COMMISSION MEETINGS AUTHORIZE MANAGER TO ESTABLISH PROPOSED MILLAGE RATE FOR CITY CARVER BRANCH YMCA SITE FOR AFFORDABLE HOUSING PROJECT. REQUEST BIDS FOR CONSTRUCTION OF AFFORDABLE HOUSING ON CARVER BRANCH YMCA SITE. APPROVE MARKETING AND HOME BUYER SELECTION PROCESS FOR AFFORDABLE HOME PROGRAM. APPROVE TWO-TIER MORTGAGE HOME PURCHASING FINANCING PROGRAM FOR AFFORDABLE HOUSING AT CARVER BRANCH YMCA SITE. 200 SEASON TICKETS OF 1987 UNIVERSITY OF MIAMI FOOTBALL TO BE DISTRIBUTED AMONG UNDER PRIVILEGED INNER CITY YOUTH. CLOSE STREETS, ESTABLISH PEDESTRIAN MALL, ISSUE BEER/WINE PERMIT ESTABLISH RETAIL PEDDLERS AREA FOR SECOND ALLAPATTAH FAIR. RATIFY $5,700 IN -KIND SERVICES FOR 4TH OF JULY HAITIAN AMERICAN CELEBRATION. ACCEPT BID OF INTERAMERICAN CAR RENTAL, INC. FOR AUTOMOBILES ON RENTAL BASIS FOR POLICE DEPARTMENT. ACCEPT BID OF HIALEAH MCALUMINUM CORPORATION FOR ALUMINUM BOXES. ACCEPT BID OF SOUTHERN COACH, INC. FOR REFURBISHMENT OF FIRE AERIAL 8 ACCEPT BID OF AMSTRONG MEDICAL INDUSTRIES FOR 5 LIFE SUPPORT MANIKINS RE I MAL OODE NO. 87-622 87-623 87-628 87-629 87-630 87-631 87-632 87-633 87-634 87-635 87-636 87-637 87-638 t i li DOCUMENT INDEX .� cw...�. i MEVAL CODE No. ACCEPT BID OF TRULY NOLEN EXTERMINATING, INC FOR FUMIGATION SERVICES AT MANUEL ARTIME COMMUNITY CENTER. 87-639 ACCEPT BID OF CASEY'S TOWER SERVICE FOR EQUIPMENT SHELTERS 87-640 ACCEPT BIDS OF SAVIN FLORIDA, INC., SAXON-NUCO, INC. AND XEROX CORPORATION FOR COPIERS AND EQUIPMENT. 87-641 ACCEPT BID OF CENTRAL CONCRETE OF MIAMI, INC. FOR READY MIXED CONCRETE. 87-642 AUTHORIZE EXECUTION OF 2 AGREEMENTS WITH CELLAR DOOR CONCERTS AND FANTASMA PRODUCTIONS FOR REBATES OF NOVELTY CONCESSIONS REVENUEW FROM CONCERTS. 87-643 ACCEPT COMPLETED WORK OF MET CONSTRUCTION, INC. FOR ORANGE BOWL JOIST REPLACEMENT. 87-644 ACCEPT COMPLETED WORK OF P.N,M. CORPORATION FOR WEST DUNBAR SANITARY SEWER REPLACEMENT PROJECT, 87-645 ORDER CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENT. 87-646 AMENDING ASSESSMENT ROLL FOR CONSTRUCTION OF KINLOCH SANITARY SEWER IMPROVEMENT. 87-647 AUTHORIZE ACCEPTANCE OF 15 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. 87-648 ONE YEAR EXTENSION OF EMPLOYMENT FOR CARMEN CRUZ. 87-649 $25,000 GRANT TO FLORIDA INBOARD RACING CLUB. 87-650 ACCEPT BID OF LOU'S TAILORING AND UNIFORM COMPANY FOR POLICE UNIFORMS 87-651 ACCEPT BIDS OF JUELLE, INC. AND WILDCAT WRECKING CORPORATION FOR DEMOLITION SERVICES. 87-652 $200,000 FOR COMPLEX PROTRACTED CRIMINAL INVESTIGATIONS. 87-654 DOCUMENT INDEX APPROVE REVISED GUIDELINES FOR HOUSING REHABILITATION LOAN PROGRAM. WAIVE SEALED BIDS AND APPROVE PURCHASE OF 25 S.T.X. PORTABLE RADIOS FROM MOTOROLA COMMUNICATION AND ELECTRONICS, INC. DESIGNATE "MIAMI REVIEW" AND "DIARIO LAS AMERICAS" AS NEWSPAPERS TO PUBLISH NOTICES OF DELINQUENT TAX OR LIEN SALES. DEMOLITION OF 776 N.W. 11 STREET BY DELTA DEMOLITION. AUTHORIZE AMENDMENT NO. 2 WITH MIAMI CENTER ASSOCIATES,LTD. (MCA) FOR SPACE AT MIAMI CONVENTION CENTER. EXTEND AGREEMENT WITH VINCENT E. GRIMM FOR CONSULTANT FOR CONVENTION CENTER PROJECT. EXECUTE PRELIMINARY DEVELOPMENT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT. DEFERRAL OF PUBLIC HEARING REGARDING A. UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR PARCEL AT S.W. 2 STREET AND NORTH RIVER DRIVE ON MIAMI RIVER. DEFER CONSIDERATION OF DOWNTOWN DEVELOPMENT AUTHORITY EXPENDING FUNDS FOR DOWNTOWN IMPROVEMENTS UNTIL D.D.A. HIRES MINORITIES IN HIGHER -PAY ECHELONS. EXECUTE LEASE AGREEMENT WITH DADE COUNTY FOR LEASE OF 1888 N.W. 21 STREET FOR POLICE SUBSTATION. DESIGNATE TERMS OF OFFICE FOR SPORTS AND EXHIBITION AUTHORITY MEMBERS. ACCEPT BID: LANZO CONSTRUCTION INC. FOR FAIRLAWS SOUTH SANITARY SEWER IMPROVEMENT. cw. 87-657 87-659 87-660 87-662 87-663 87-664 87-665 877665.1 87-666 87-667 87668 87-670 f cl DOCUMENT INDEX C 1 oocuKK cM=AnoN I WMAL cooE No. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEWER IMPROVEMENT CENTERLINE. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF LYNWOOD SANITARY SEWER IMPROVEMENT SIDELINE. ACCEPT COMPLETED WORK: P. N. M. CORPORATION FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE II. ACCEPT COMPLETED WORK: ROENCA CORPORATION FOR N,W. 47 AVENUE HIGHWAY IMPROVEMENT. EXECUTE AGREEMENT WITH WRIGHT, RODRIGUEZ, SCHINDLERt ARCHITECTS FOR NORTH DISTRICT POLICE SUB- STATION. PROVIDE FOR ELECTION - CHARTER AMENDMENT NO. 1: WATSON ISLAND DEVELOPMENT PROPOSALS. PROVIDE FOR ELECTION - CHARTER AMENDMENT NO. 2: LEASE OF CITY - OWNED LAND. PROVIDE FOR ELECTION - CHARTER AMENDMENT NO. 3: PREFERENCE TO LOCAL VENDORS. FEE SET FOR DINNER KEY ANCHORAGE ON SIX MONTH TRIAL $3,600.00 IN SUPPORT OF "BANDIDOS" SOLFTBALL TEAM. $125,000.00 FOR GREATER MIAMI NEIGHBORHOODS, INC FOR LOW INCOME HOUSING EFFORTS, ESTABLISH PARK ADVISORY BOARD; APPOINT ALAN WEISBERG, ANNIE BETANCOURT, ANNE WILSON, T. WILLARD FAIR, RAFAEL CUZA. AMEND AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC, TO FUND FOR TWO MORE MONTHS. CONFIRM ORDERING RESOLUTION FOR BUENA VISTA HIGHWAY IMPROVEMENT PHASE III. APPEAL MIKELE CART ER CASE; SEEK OUTSIDE COUNSEL, 87-672 87-673 87-674 87-675 87-676 87-677 87-678 87-679 87-680 87-681 87-682 87-687 87-689 87-690 87-691