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HomeMy WebLinkAboutCC 1987-01-08 MinutesINDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JANUARY 8, 1987 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PROCLAMATION TO RICHARD BEAN FOR PRESENTED 1 FLORIDA FIREFIGHTER OF 1986. 1/8/87 2. CONSENT AGENDA. 1-2 1/8/87 2.1 ACCEPT DONATION OF TRAILER FROM R-87-1 3 JOSE INFANTE FOR PARKS DEPARTMENT 1/8/87 TO BE USED AS PORTABLE STAGE. 2.2 ACCEPT $20,000 GRANT FROM STATE OF R-87-2 3 FLORIDA VETERAN AND COMMUNITY 1/8/87 AFFAIRS FOR CHILD DAY CARE PROGRAM. 2.3 ORDERING DOWNTOWN HIGHWAY R-87.3 3 IMPROVEMENT PHASE II. 1/8/87 2.4 ACCEPT BID: M. VILA & ASSOCIATES R-87-4 3 FOR WYNWOOD SANITARY SEWER 1/8/87 REPLACEMENT. 2.5 ACCEPT BID: JOSEPH D. VENTURA AND R-87-5 4 ASSOCIATES FOR STOELTING 1/8/87 ULTRASCRIBE POLYGRAPH INSTRUMENT. 2.6 ACCEPT BID: ROSAIR AIR R-87-6 4 CONDITIONING CORPORATION FOR 1/8/87 CONDENSER COILS. 2.7 ACCEPT BID FOR SIX SUPPLIERS FOR R-87-7 4 FURNISHING LUBRICANTS AND FUEL TO 1/8/87 DEPARTMENT OF GENERAL SERVICES. 2.8 ACCEPT BID: SCHOFIELD TRANSMISSION R-87-8 4 FOR TRANSMISSION REPAIRS. 1/8/87 2.9 ACCEPT BID: HAROLD G. JAFFER FOR R-87-9 5 DRILLING WELL AT MIAMI SPRINGS GOLF 1/8/87 COURSE. 2.10 ACCEPT COMPLETED WORK OF EBSARY R-87-10 5 FOUNDATION FOR SLIP 3 - MOORING 1/8/87 FILE REPLACEMENT AT BICENTENNIAL PARK. 2.11 ACCEPT 23 DEEDS OF DEDICATION FOR R-87-11 5 HIGHWAY PURPOSES. 1/8/87 2.12 ACCEPT PLAT: SOLOMON TRADERS R-87-12 5 SUBDIVISION. 1/8/87 2.13 NEGOTIATE AND EXECUTE AGREEMENT R-87-13 6 WITH THOSE DESIRING TO PLACE 1/8/87 ADVERTISEMENTS INSIDE ORANGE BOWL AND BASEBALL STADIUMS. f �t 2.14 AUTHORIZE CLOSURE OF STREETS FOR R-87-14 6 MARTIN LUTHER KING PARADE. 1/8/87 2.15 SCHEDULE PUBLIC HEARING FOR R-87-15 6 DEVELOPMENT ORDER FOR MIAMI ARENA 1/8/87 PROJECT. 2.16 ALLOW FIREWORKS DOWNTOWN MIAMI AND R-87-16 6 VISCAYA MUSEUM FOR MIAMI FILM 1/8/87 FESTIVAL. 3. ACCEPT BID: BURNS INTERNATIONAL R-87-17 7-9 SECURITY SERVICES FOR SECURITY 1/8/87 GUARD SERVICES FOR ONE YEAR. 4. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 10-13 OF PURCHASE OF VEHICLES (SEE LABEL 1/8/87 70) 5. ACCEPT COMPLETED WORK OF GARCIA— R-87-18 14 ALLEN CONSTRUCTION COMPANY FOR 1/8/87 WESTERN DRAINAGE PROJECT E-55. 6. (A) GRAND PRIX ARRANGEMENTS ARE TO M-87-19 14-17 CONTINUE TO EXIST AS PRESENTLY R-87-20 CONCEIVED IN THE MASTER PLAN FOR 1/8/87 DURATION OF THE AGREEMENT; (B) EXECUTE GRANT AGREEMENT OF $250,000 FOR FUNDING OF THE PASS —THROUGH GRANT FOR STAGING OF 1987 GRND PRIX RACE. 7. NEGOTIATIONS ORDERED WITH OWNERS OF M-87-21 17-21 THE LOTS FOR THE CONSTRUCTION OF 1/8/87 THE SOUTH DISTRICT POLICE SUBSTATION; FURTHER TO CHECK FOR ALTERNATE PARCELS. 8. BRIEF DISCUSSION AND TEMPORARY DISCUSSION 21-22. DEFERRAL OF ALLOCATION OF $60,000 1/8/87 TO COCONUT GROVE CARES FOR ANTIQUE AND JEWELRY SHOWS. (SEE LABEL 10) 9. URGE TEAM MEMBERS OF PIG BOWL GAMES R-87-22 22-23 TO PLAY IN THE ORANGE BOWL, WITH 1/8/87 FEES TO BE WAIVED. 10. CONTINUED DISCUSSION, ALLOCATION OF R-87-23 23-24 $60,000 TO COCONUT GROVE CARES FOR 1/8/87 ANTIQUE AND JEWELRY SHOWS. (SEE LABEL 8) 11. AUTHORIZE PAYMENT TO THEODORE SLACK R-87-24 24 FOR APPRAISAL OF LOTS IN KENILWORTH 1/8/87 REVISED SUBDIVISION. 12. APPROVE CONSTRUCTION OF STATUE R-87-25 25-27 HONORING NESTOR IZQUIERDO ON 13 1/8/87 AVENUE. 13. (A) RECONSIDERATION OF PREVIOUSLY M-87-26 27-30 TAKEN VOTE ACCEPTING BIDS FROM M-87-27 SUPPLIERS OF LUBRICANTS AND FUEL; 1/8/87 (B) DEFER CONSIDERATION OF BID ACCEPTANCE FROM SIX SUPPLIERS OF LUBRICANTS AND FUEL. 14. MANAGER TO MEET WITH OUTBOARD CLUB M-87-28 30-31 REGARDING RENOVATION OF BOAT RAMP 1/8/87 ON WATSON ISLAND. 15. NEGOTIATE WITH HOTELS ACROSS THE M-87-29 31-32 STREET FROM CITY HALL FOR A NEW 1/8/87 = SIGN AT ENTRANCE OF CITY HALL. i a 16. EMERGENCY ORDINANCE: COST OF LIVING ORDINANCE 33 ALLOWANCE BENEFITS TO FIREFIGHTERS 10196 AND POLICE OFFICERS RETIREMENT 1/8/87 TRUST. 17. EMERGENCY ORDINANCE: INCREASE ORDINANCE 34-35 APPROPRIATIONS FOR "PRELIMINARY 10197 BOND EXPENSE." 1/8/87 18. DEFER CONSIDERATION OF PROPOSED M-87-30 35-36 EMERGENCY ORDINANCE FOR "ORANGE 1/8/87 BOWL ADDITIONAL PRESS BOX REPAIRS" AND "ORANGE BOWL STADIUM CHAIRBACKS" AND A PROPOSED RESOLUTION ACCEPTING BID FOR ORANGE BOWL PRESS BOX ADDITION. 19. EMERGENCY CONSTRUCTION OF THE R-87-31 36-37 ORANGE BOWL ADDITIONAL PRESS BOX 1/8/87 FACILITIES PROJECT; AGREEMENT WITH KUNDE, SPRECHER, YASKIN AND ASSOCIATES FOR CONSTRUCTION OF SAME. 20. EMERGENCY ORDINANCE: INCREASE ORDINANCE 37-38 APPROPRIATIONS FOR VEHICLE 10198 MAINTENANCE EQUIPMENT. 1/8/87 21. ACCEPT BID: CAR WASH EQUIPMENT AND R-87-32 38-39 SUPPLIES RYKO OF SOUTH FLORIDA FOR 1/8/87 CAR WASH SYSTEMS. 22. BRIEF DISCUSSION AND TEMPORARY DISCUSSION 39-40 DEFERRAL OF INCREASING 1/8/87 APPROPRIATIONS FOR HEAVY EQUIPMENT MAINTENANCE DIVISION. 23. FIRST READING ORDINANCE: INCREASE FIRST 40-47 APPROPRIATIONS FOR APPRAISAL FEES READING FOR POSSIBLE ACQUISITION OF 1/8/87 PROPERTY FOR LEASE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION. 24. SECOND READING ORDINANCE: ORDINANCE 47-48 APPROPRIATE MONIES FROM SETTLEMENT 10199 OF DISPUTE WITH DADE COUNTY (WATER 1/8/87 AND SEWER AUTHORITY) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. 25. SECOND READING ORDINANCE: NEW FUND ORDINANCE 48 "HISTORIC PRESERVATION: EDUCATION" 10200 AND APPROPRIATE FUNDS FOR SAME. 1/8/87 26. SECOND READING ORDINANCE: ORDINANCE 49 ESTABLISH NEW FUND "HISTORIC 10201 PRESERVATION: BUENA VISTA" AND 1/8/87 APPROPRIATE FUNDS FOR SAME. 27. SECOND READING ORDINANCE: ORDINANCE 50 ESTABLISH NEW FUND "HANDICAPPED 10202 DIVISION FUND RAISING PROGRAM;" 1/8/87 APPROPRIATE FUNDS FOR SAME. 28. SECOND READING ORDINANCE: CHANGE ORDINANCE 50-51 NAME OF FUND "PRE-SCHOOL PROGRAM" 10203 TO "PRE-SCHOOL PROGRAM - 1/8/87 CONSOLIDATED" AND APPROPRIATE FUNDS FOR SAME. 29. SECOND READING ORDINANCE: ORDINANCE 51-53 APPROPRIATE FEDERAL URBAN 10204 DEVELOPMENT ACTION GRANT FUNDS 1/8/87 (UDAG) TO CRUZ DEVELOPMENT COMPANY FOR CONSTRUCTION OF RENTAL HOUSING ON PARCEL 24 OF OVERTOWN/PARK WEST. 30. SECOND READING ORDINANCE: ORDINANCE 53-54 APPROPRIATE FEDERAL URBAN 10205 DEVELOPMENT ACTION GRANT FUNDS 1/8/87 (UDAG) TO CAN-AMERICAN REALTY FOR CONSTRUCTION OF RENTAL HOUSING ON PARCEL 37 OF OVERTOWN/PARK WEST. 31. SECOND READING ORDINANCE: ORDINANCE 54-56 ESTABLISH FUNDING PROGRAM FOR 8 10206 COMMUNITY CULTURAL EVENTS 1/8/87 (FESTIVALS). 32. FIRST READING ORDINANCE: PROVIDE FIRST 56-57 FOR RECOVERY OF COLLECTION COSTS OF READING FORECLOSURE/DEMOLITION/LIENS. 1/8/87 33. ALLOCATE $75,000 TO MIAMI JEWISH R-87-33 57-58 HOME AND HOSPITAL FOR THE AGED (HOT 1/8/87 MEALS PROGRAM) 34. EXECUTION OF AGREEMENT WITH MIAMI R-87-34 59-61 CAPITAL DEVELOPMENT, PROVIDING 1/8/87 ADDITIONAL $500,000 FOR REVOLVING LOANS. 35. EXECUTE SERVICES AGREEMENT WITH R-87-35 61-62 FLORIDA MEMORIAL COLLEGE TO PROVIDE 1/8/87 HUMAN RELATIONS TRAINING FOR DEPARTMENT OF POLICE. 36. RESCIND MOTION 86-1024, WHICH R-87-36 62 RELATED TO EVALUATION PROCESS FOR 1/8/87 THE DEVELOPMENT OF AFFORDABLE HOUSING. 37. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 63-64 OF SELECTION OF DEVELOPER FOR 1/8/87 AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (ALSO SEE LABELS #39). 38. BRIEF DISCUSSION TO SCHEDULE M-87-37 64-66 PROPOSED FINANCIAL DISCLOSURE 1/8/87 ORDINANCE NO LATER THAN JANUARY 22, 1987. 39. CONTINUED DISCUSSION AND TEMPORARY DISCUSSION 66-87 DEFERRAL OF SELECTION OF DEVELOPER 1/8/87 FOR AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (ALSO SEE LABELS #37, 050 AND #53. 40. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 87-89 OF OBSERVANCE OF MARTIN LUTHER 1/8/87 KING'S BIRTHDAY. (ALSO SEE LABEL #54) 41. DR. EARL WELLS APPOINTED TO THE DISCUSSION 89-90 STADIUM FACILITY USE COMMITTEE. 1/8/87 (ALSO SEE LABEL #42) 42. APPOINT ANA MAGDA GUILLEN TO CODE R-87-38 90-91 ENFORCEMENT BOARD. 1/8/87 0 43. GENE HANCOCK APPOINTED TO THE R-87-39 91-92 HOUSING CONSERVATION BOARD. 1/8/87 44. JOHN HALL, HUBER PARSONS, JR., AND M-87-40 92-94 MONTY TRAINER WERE APPOINTED TO 1/8/87 THE MIAMI RIVER COORDINATING COMMITTEE. 45. APPOINT BRUNO BARREIRA JR., ILEANA R-87-41 94-95 FERRERA, AND WILLIAM GOLDRICH TO 1/8/87 THE HEALTH FACILITIES AUTHORITY. 46. REAPPOINT DONALD MARCH, JR. AND R-87-42 95-96 ROBERT WEILBACHER TO THE FIRE- 1/8/87 FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST. 47. APPOINT BILL DE LA SIERRA, SHARON R-87-43 96-97 EADDY AND EURSLA WELLS TO THE AD 1/8/87 HOC MINORITY ADVISORY COMMITTEE FOR MIAMI ARENA. 48. (A) DISCUSSION OF CONSTRUCTION OF DISCUSSION 97-100 FIRE STATION NO.4. (B) OPEN BIDS: M-87-44 CONSTRUCTION OF ALLAPATTAH HIGHWAY 1/8/87 IMPROVEMENT PHASE II. 49. AUTHORIZE ISSUANCE OF REQUEST FOR R-87-45 100-119 PROPOSALS FOR DEVELOPMENT OF A 1/8/87 FULL -SERVICE MARINE -RELATED FACILITY AT 2640 S. BAYSHORE DRIVE (PRESENTLY MERRILL STEVENS). 50. CONTINUED DISCUSSION AND DEFERRAL M-87-46 119-126 OF SELECTION OF DEVELOPER FOR 1/8/87 AFFORDABLE HOUSING AT THE MELROSE NURSERY SITE; ADMINISTRATION TO EVALUATE PRESENTATIONS MADE BY "MELROSE TOWNHOME DEVELOPMENT, INC." AND "ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY INC." (ALSO SEE LABELS #37, #39. AND #53) 51. EXECUTE AGREEMENT WITH NEW R-87-47 126-137 WASHINGTON HEIGHTS COMMUNITY 1/8/87 DEVELOPMENT CONFERENCE INC. TO PROVIDE FUNDS FOR DEVELOPMENT OF A HOTEL ON SITE OF MUNICIPAL PARKING LOT 10; AUTHORIZE $5,000 ADVANCE TO SAID ORGANIZATION. 52. AUTHORIZE INCREASE IN CONTRACT WITH R-87-48 137-140 P.N.M. CORPORATION FOR CONSTRUCTION 1/8/87 OF BAYFRONT PARK REDEVELOPMENT PHASE II. 53. CONTINUED DISCUSSION REGARDING THE DISCUSSION 140 EVALUATION OF PROPOSALS FOR 1/8/87 CONSTRUCTION OF AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (SEE LABELS #37, #39 AND #50) 54. CONTINUED DISCUSSION OF OBSERVANCE DISCUSSION 141-142 OF MARTIN LUTHER KING'S BIRTHDAY. 1/8/87 (SEE LABEL #40) 55. DISCUSSION REGARDING RUNNERS DISCUSSION 142-143 INTERNATIONAL. 1/8/87 t 11 56. ORDER REVIEW OF PROPOSALS FROM M-87-49 144-146 "CODEC INC." AND ALLAPATTAH 1/8/87 BUSINESS DEVELOPMENT AUTHORITY" IN CONNECTION WITH AFFORDABLE HOUSING AT THE CIVIC CENTER SITE. 57. INSTRUCT CITY ATTORNEY TO DRAFT M-87-50 146-149 LEGISLATION SO FUTURE CITY PROJECTS 1/8/87 ARE SUBMITTED THROUGH REQUEST FOR PROPOSALS; FURTHER STIPULATING THAT COMMUNITY BASED ORGANIZATION WILL BE FAVORED IN THE EVALUATION. 58. AUTHORIZE STUART SORG'S TRIP TO M-87-51 149-153 QUARTERLY PLANNING CONFERENCE ON 1/8/87 SCHEDULING OF VESSELS OPERATIONS DOWN THE ATLANTIC COAST. 59. CLOSURE OF STREET FOR JOSE MARTI M-87-52 153-158 PARADE (BIPRISA). 1/8/87 60. DISCUSSION OF ECONOMIC AND DISCUSSION 158-164 COMMUNITY PROBLEMS BY PRENTICE 1/8/87 RASHEED. 61. DISCUSSION REGARDING CABLE T.V. DISCUSSION 164-167 NEGOTIATIONS. (ALSO SEE LABEL 083) 1/8/87 62. EXECUTE AMENDED AGREEMENT WITH PIER R-87-53 168-171 5 BOATMEN'S ASSOCIATION. (ALSO SEE 1/8/87 LABEL #67) 63. ORDER NEGOTIATIONS WITH DEPARTMENT R-87-54 171-174 OF OFF-STREET PARKING FOR 1/8/87 IMPLEMENTATION OF AN ENHANCED PARKING PROGRAM FOR THE CITY ARENA. 64. BRIEF DISCUSSION REGARDING ERCTION DISCUSSION 174 OF BUS STOP SHELTER ADVERTISING. 1/8/87 65. DISCUSSION REGARDING THE STATUS OF DISCUSSION 175-179 THE TWO POLICE SUBSTATIONS. 1/8/87 66. (A) SCHEDULE AS FIRST ITEM OF M-87-55 179-191 FEBRUARY 12 AGENDA THE GARBAGE FEE DISCUSSION ISSUE IN ITS FINAL FORM; (B) 1/8/87 DISCUSSION OF VACANCIES IN THE SOLID WASTE DEPARTMENT. 67. CONTINUED DISCUSSION AND DISCUSSION 191 CLARIFICATION OF THE PIER 5 BOATMEN 1/8/87 AGREEMENT . (ALSO SEE LABEL #62) 68. ACCEPT PLANNING DEPARTMENT'S M-87-56 192-193 PROPOSED DEVELOPMENT AND LAND 1/8/87 MANAGEMENT POLICY FOR VIRGINIA KEY. 69. AUTHORIZE ADMINISTRATIVE FEE FOR M-87-57 193-195 OFF DUTY WORK ASSIGNMENT BY 1/8/87 DEPARTMENT OF FIRE. 70. CONTINUED DISCUSSION OF BIDS FOR R-87-58 195-203 VEHICLES; REJECT BID OF REGENCY 1/8/87 DODGE; ACCEPT BIDS OF JIM PEACOCK DODGE, RAINBOW DODGE, KAWASAKI WEST, AND JOHNNY STAMM EQUIPMENT FOR 53 AUTOMOBILES, 15 MOTORCYCLES, 4 TRUCKS AND 2 UTILITY VEHICLES. (ALSO SEE LABEL #4) 71. CONTINUED DISCUSSION OF PROPOSED DISCUSSION 203 APPROPRIATIONS FOR HEAVY EQUIPMENT 1/8/87 MAINTENANCE DIVISION (SEE LABELS #22 AND 085) 72. FIRST READING ORDINANCE: SIDEWALK FIRST 204-205 CAFES. READING 1/8/87 73. IN KIND SERVICES PROVIDED BY FIRE, M-86-59 205-206 SANITATION OR POLICE DEPARTMENTS 1/8/87 MUST COME OUT OF THE SPECIAL PROGRAMS AND ACCOUNTS FUND AND TRANSFERRED TO APPROPRIATE DEPARTMENT. 74. DISCUSSION CONCERNING CITY'S DISCUSSION 207 INVESTMENT IN LOCAL BANKS. 1/8/87 75. EXTEND LEASE AGREEMENT WITH R-87-60 208 BELAFONTE TACOLCY CENTER INC. 1/8/87 76. ALLOCATE $30,000 FOR THE 1987 CITY R-87-61 208-210 OF MIAMI YOUTH BASEBALL WORLD 1/8/87 SERIES AND SUBSIDIARY PONY LEAGUE PROGRAM.. 77. PUT OUT REQUEST FOR PROPOSALS FOR R-87-62 210-211 RENOVATION AND OPERATION OF 1/8/87 MIAMARINA, WITH PROVISOS. 78. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 212-214 PROJECT "MIAMARINA RENOVATION 10207 PROJECT" AND APPROPRIATE FUNDS FOR 1/8/87 SAME. 79. ACCEPT BID: McNEW MARINE R-87-63 214 CONSTRUCTION INC. FOR BASE BID AND 1/8/87 ADDITIVE ALTERNATES FOR BAYSIDE SPECIALTY CENTER - MIAMARINA RENOVATION PROJECT. 80. PUBLIC HEARING: ENDORSE ANTONIO R-87-64 215-233 MACEO FOUNDATION IN ITS FUND- 1/8/87 RAISING EFFORTS FOR ANTONIO MACEO PARK. 81. CONFIRM ORDERING RESOLUTION AND R-87-65 234-235 AUTHORIZE TO ADVERTISE FOR BIDS FOR 1/8/87 CONSTRUCTION OF MORNINGSIDE HIGHWAY IMPROVEMENT H-4523. 82. AUTHORIZE TEMPORARY LOAN OF R-87-66 235-236 $1,500,000 TO THE MIAMARINA 1/8/87 ENTERPRISE FUND. 83. APPROVE ASSIGNMENT OF CABLE M-87-67 236-242 TELEVISION LICENSE TO MIAMI 1/8/87 TELECOMMUNICATIONS INC. (ALSO SEE LABEL #461) 84. ACCEPT REPORT OF THE AMPHITHEATER M-87-68 242-247 ADVISORY COMMITTEE TO DO A MASTER 1/8/87 DEVELOPMENT PLAN FOR BAYFRONT PARK WATERFRONT; POSSIBLE ACCEPTANCE OF BERTHING SHANGRI-LA IN SAID PLACE. 85. EMERGENCY ORDINANCE: INCREASE ORDINANCE 248-249 APPROPRIATIONS FOR HEAVY EQUIPMENT 10208 MAINTENANCE DIVISION. (ALSO SEE 1/8/87 LABELS #22 AND #71) 86. APPOINT CARLOS ZAPATA TO THE YOUTH R-87-69 249-250 ADVISORY COUNCIL. 1/8/87 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of January, 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 9:08 O'Clock A.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------ 1. PROCLAMATION TO RICHARD BEAN FOR FLORIDA FIREFIGHTER OF 1986. ------------------------------------------------------------------------------ PROCLAMATION PRESENTED: Richard Bean Day: For having been selected Florida FireFighter of the Year for 1986. NOTE FOR THE RECORD: MINUTES OF THE MEETING OF SEPTEMBER 11, 1986 WERE APPROVED. 2. CONSENT AGENDA Mayor Suarez: Consent Agenda consists of items 1 through 27. Commissioners, do you want to pull items? I know that one has been requested to be pulled out already, I believe it is item 21. Mr. Cohen is out there. Mrs. Kennedy: I have item 14. Mr. Dawkins: Five, six, ten, twenty-two, twenty-three and twenty-nine. Mr. Plummer: Twenty-three and twenty-nine? Mr. Dawkins: Twenty-nine, yes, J. L. Mayor Suarez: That is five, six, ten, twenty-two, twentythree-twenty-nine, Dawkins, and fourteen, Kennedy. Mr. Odio: Twenty-nine is not in the consent agenda. 1 January 8, 1987 Mr. Plummer: Mr. Mayor, I am going to pull, and I will put it on the record, item 17, only for the purposes of discussing other things. That doesn't mean that I - seventeen is fine, I want to go with it, but there is a couple of other items I need to add to it. Mayor Suarez: OK, with the exception of items five, six... Mrs. Kennedy: Well, excuse me one second, Mr. Mayor, on that same line then, I am going to pull nineteen. I have no problems, but I also need to talk about it. Mayor Suarez: With the exception of five, six, ten, fourteen, nineteen, twenty-one, twenty-two and twenty-three and twenty-nine - twenty-nine is outside the consent agenda. Mr. Dawkins: OK. Mayor Suarez: OK, we will get to that. Mr. Dawkins: OK. Mayor Suarez: And the last one of those being twenty-three, with those exceptions, is there anyone that wishes to be heard on the other items, those being items one through twenty-seven on today's consent agenda? Yes, Mr. City Manager. Mr. Odio: I want to say that number five was withdrawn by me. Mr. Dawkins: Number five? Mayor Suarez: And one, I guess too, right? Mr. Odio: And one. And twenty-three. Mayor Suarez: Let the record reflect that no one has stepped forward to be heard for or against any of the items on the consent agenda, and we can proceed to a motion. Mrs. Kennedy: I move the consent agenda. Mayor Suarez: It has been moved. Mr. Plummer: Oh, wait a minute, hold on. Mayor Suarez: Commissioner Plummer. Mr. Plummer: I'm sorry, I've got to pull eighteen, Mr. Mayor. Mayor Suarez: And eighteen, then? With the exception of those items, the consent agenda has been moved. Is there a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Thereupon, the City Commission on motion duly made by Commissioner Kennedy and seconded by Commissioner Dawkins, adopted the hereinbelow resolutions by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: ABSENT: None Commissioner Joe Carollo 2 January 8, I987 a 6 2.1 ACCEPT DONATION OF TRAILER FROM JOSE INFANTE FOR PARKS DEPARTMENT TO BE USED AS PORTABLE STAGE. RESOLUTION NO. 87-1 A RESOLUTION ACCEPTING THE DONATION OF A FLAT BED TRAILER VALUED AT $5,000 FROM MR. JOSE INFANTE FOR USE BY THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AS A PORTABLE STAGE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.2 ACCEPT $20,000 GRANT FROM STATE OF FLORIDA VETERAN AND COMMUNITY AFFAIRS FOR CHILD DAY CARE PROGRAM. RESOLUTION NO. 87-2 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS, IN THE AMOUNT OF $20,000 TO CONDUCT A CHILD DAY CARE PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENT(S) TO IMPLEMENT THE PROGRAM IN COMPLIANCE WITH THE CITY CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3 ORDERING DOWNTOWN HIGHWAY IMPROVEMENT PHASE II. RESOLUTION NO. 87-3 A RESOLUTION ORDERING DOWNTOWN HIGHWAY IMPROVEMENT -PHASE II H-4521 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT - PHASE II H-4521. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 ACCEPT BID: M. VILA & ASSOCIATES FOR WYNWOOD SANITARY SEWER REPLACEMENT. RESOLUTION NO. 87-4 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $41,932.50, TOTAL BASE BID OF THE PROPOSAL, FOR WYNWOOD SANITARY SEWER REPLACEMENT PROJECT (SECOND BIDDING); WITH MONIES THEREFOR ALLOCATED FROM "CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $41,932.50 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3 January 8, 1987 r.. 2.5 ACCEPT BID: JOSEPH D. VENTURA AND ASSOCIATES FOR STOELTING ULTRASCRIBE POLYGRAPH INSTRUMENT. RESOLUTION NO. 87-5 A RESOLUTION ACCEPTING THE BID OF JOSEPH D. VENTURA & ASSOCIATES, A HISPANIC VENDOR FOR FURNISHING ONE (1) STOELTING ULTRASCRIBE POLYGRAPH INSTRUMENT TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $4,850.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.6 ACCEPT BID: ROSAIR AIR CONDITIONING CORPORATION FOR CONDENSER COILS. RESOLUTION NO. 87-6 A RESOLUTION ACCEPTING THE BID OF ROSAIR AIR CONDITIONING CORPORATION FOR FURNISHING EIGHT (8) CONDENSER COILS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $6,416.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS MATERIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.7 ACCEPT BID FOR SIX SUPPLIERS FOR FURNISHING LUBRICANTS AND FUEL TO DEPARTMENT OF GENERAL SERVICES. RESOLUTION NO. 87-7 (NOTE: AT THIS POINT, THE CITY COMMISSION, ON MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY COMMISSIONER DAWKINS, PROCEED TO PASS THE ABOVECITED RESOLUTION.) (This resolution was later reconsidered, by motion duly passed and seconded, and was ultimately deferred by M-87-27, see label #13) 2.8 ACCEPT BID: SCHOFIELD TRANSMISSION FOR TRANSMISSION REPAIRS. RESOLUTION NO. 87-8 A RESOLUTION ACCEPTING THE BID OF SCHOFIELD TRANSMISSION FOR FURNISHING AUTOMATIC TRANSMISSION REPAIRS OF THE CITY'S LIGHT VEHICLE FLEET TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED' COST OF $25,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4 January 8, 1987 i 2.9 ACCEPT BID: HAROLD G. JAFFER FOR DRILLING WELL AT MIAMI SPRINGS GOLF COURSE. RESOLUTION NO. 87-9 A RESOLUTION ACCEPTING THE BID OF HAROLD G. JAFFER, INC. FOR FURNISHING ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY FOR DRILLING A WELL AT THE CITY OF MIAMI'S MIAMI SPRINGS GOLF COURSE TO THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $7,500.00; ALLOCATING FUNDS THEREFOR FROM THE GOLF COURSE ENTERPRISE FUND-MIAMI SPRINGS GOLF COURSE; 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.) 2.10 ACCEPT COMPLETED WORK OF EBSARY FOUNDATION FOR SLIP 3 - MOORING PILE REPLACEMENT AT BICENTENNIAL PARK. RESOLUTION NO. 87-10 A RESOLUTION ACCEPTING THE COMPLETED WORK OF EBSARY FOUNDATION COMPANY AT A TOTAL COST OF $68,060.00 FOR SLIP 3 - MOORING PILE REPLACEMENT (LOCATED ON THE SOUTH SIDE OF BICENTENNIAL PARK); AUTHORIZING AN INCREASE IN SEPTEMBER 2, 1986 CONTRACT WITH EBSARY FOUNDATION COMPANY FOR SAID WORK IN THE NET AMOUNT OF $4,560.00 AND AUTHORIZING A FINAL PAYMENT OF $12,710.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.11 ACCEPT 23 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 87-11 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY THREE (23) 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.) 2.12 ACCEPT PLAT: SOLOMON TRADERS SUBDIVISION. RESOLUTION NO. 87-12 A RESOLUTION ACCEPTING THE PLAT ENTITLED SOLOMON TRADERS SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 January 8, 1987 2.13 NEGOTIATE AND EXECUTE AGREEMENT WITH THOSE DESIRING TO PLACE ADVERTISEMENTS INSIDE ORANGE BOWL AND BASEBALL STADIUMS. RESOLUTION NO. 87-13 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH INDIVIDUALS AND/OR BUSINESSES DESIRING TO PLACE ADVERTISEMENTS INSIDE THE MIAMI ORANGE BOWL AND MIAMI BASEBALL STADIUMS, EACH SUCH NEGOTIATED AGREEMENT BEING SUBJECT TO COMMISSION APPROVAL PRIOR TO EXECUTION THEREOF UNTIL COMMISSION ADOPTION OF A SCHEDULE OF RATES OR APPLICABLE CHARGES FOR THE PLACEMENT OF SAID ADVERTISEMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.14 AUTHORIZE CLOSURE OF STREETS FOR MARTIN LUTHER KING PARADE. RESOLUTION NO. 87-14 A RESOLUTION CONCERNING THE DR. MARTIN LUTHER KING COMMEMORATIVE PARADE TO BE CONDUCTED BY DR. MARTIN LUTHER KING JR. PARADE AND FESTIVITIES COMMITTEE INC. ON JANUARY 19, 1987; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT BEYOND THE COSTS ALLOCATED BY RESOLUTION #86-1027 ADOPTED ON DECEMBER 11, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15 SCHEDULE PUBLIC HEARING FOR DEVELOPMENT ORDER FOR MIAMI ARENA PROJECT. RESOLUTION NO. 87-15 A RESOLUTION ESTABLISHING 3:30 P.M. THURSDAY, MARCH 26, 1987, OR A RECONVENED MEETING, AS THE PUBLIC HEARING DATE FOR CONSIDERATION OF THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE MIAMI ARENA PROJECT, A DEVELOPMENT OF REGIONAL IMPACT; LOCATED AT APPROXIMATELY 702-98 NORTH MIAMI AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) AS PROPOSED BY THE APPLICANT, DECOMA VENTURE; AND DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.16 ALLOW FIREWORKS DOWNTOWN MIAMI AND VIZCAYA MUSEUM FOR MIAMI FILM FESTIVAL. RESOLUTION NO. 87-16 A RESOLUTION RELAXING THE LIMITATIONS OF THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON FEBRUARY 6 AND FEBRUARY 15, 1987 AND AT VIZCAYA MUSEUM UNTIL 11:00 A.M. ON FEBRUARY 14, 1987 FOR THE MIAMI FILM FESTIVAL, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENT OF FIRE AND RESCUE AND INSPECTION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 January 8, 1987 ------------------------------------------------------------------------------ NOTE FOR THE RECORD: AGENDA ITEM 5 WAS WITHDRAWN. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 3. ACCEPT BID: BURNS INTERNATIONAL SECURITY SERVICES FOR SECURITY GUARD SERVICES FOR ONE YEAR. Mayor Suarez: Agenda item 6. Mr. Odio: This is the Orange Bowl and Baseball Stadium security. This was the lowest responsive bidder, Burns International. Mr. Plummer: And how much is the... Mr. Odio: It is a non -minority. Mr. Dawkins: What is this one? Mr. Odio: Number 6. The cost is $52,317. Mayor Suarez: Security guards for the... Mr. Dawkins: Why you didn't use a local firm? Mr. Odio: Burns is a local firm. Mr. Dawkins: Beg pardon? Mr. Odio: Burns is supposed to be a local firm when they are... Mr. Dawkins: Burns is a national firm - international. Mayor Suarez: Did we get any local firms bidding? Mr. Plummer: Well, let me go back a little bit further than that. Why do we even need a security guard at the Orange Bowl and the Baseball Stadium? Mr. Odio: Well, baseball, we have the Baltimore Orioles coming in. Mr. Plummer: So they need it, if anyone. Why is the City spending $50,000 bucks. Is there a rationale and a justification? When I was a kid, we had Harry Perle at the Orange Bowl for years as a night watchman, and all he did was ride his bicycle around. Now... Mr. Odio: Well, the vandalism, Commissioner, to correct... Mr. Plummer: But, we have got a security fence now around the Orange Bowll Mr. Odio: I am going to tell you something. That security fence, kids can go through that, they go in through, they tear up the bathrooms, they tear up the... Mr. Plummer: Mr. Manager, we are setting a precedent that every City owned facility is going to wind up having a security guard? Mr. Odio: Well, if... Mr. Plummer: We are getting it for the Little Havana Activity Center. Mr. Odio: We have had that since I can remember. Mr. Plummer: Well, I've opposed it every time we have gone around, but this thing is creeping and creeping and creeping. Where does it end? Mr. Odio: We have had one at the Orange Bowl since at least six years. 7 January 8, 1987 0 Mr. Plummer: A watchman, no a watchman. Mr. Odio: We have had the security company and a television hookup from the Miami stadium since at least six years, that I know. Mr. Plummer: Could we do it cheaper with security cameras? Mr. Odio: We have security cameras at the Miami Stadium, but you need somebody to respond to that security system. If we have the cameras and we have nobody to go to in case of a break-in, and I think it is cheaper than Miami Police Department, if we have to divert police officers to watch over those facilities, and the vandalism was reduced considerably, since we did that. If you leave Miami Stadium alone, by the time we open up, the bathroom will be tore up, they painted graffiti all over the place. Mr. Plummer: Is this seven days a week, twenty-four hours a day? Mr. Odio: Yes, sir. It isn't? I don't know, it is at night, I know it is at night. Mr. Jack Eads: It varies from time to time, depending on the requirements. Mayor Suarez: OK, now, on the other question, who bid on this, and did we get any strictly local firms? Mr. Odio: OK, I have the list of the bidders here. Mr. Plummer: We are headed for every City facility. You are talking millions of dollars. Mr. Dawkins: How much would two public service aides cost a year? Mr. Odio: Well, about $24,000, plus fringes. Mr. Plummer: $24,000, 25,000. Mr. Dawkins: $24,000 each? Mayor Suarez: That would be one shift, though, right? Mr. Odio: How about one shift? Mr. Dawkins: But, I said two. Mr. Odio: Well, you need more than two, if you have to go on weekends, you need 24 hour guards, and... Mr. Dawkins: Well, why they can't work regular weekends, and then our own people, the other regular P.S.A.'s go during the regular time? Mr. Odio: All right, if you want to, let's withdraw this and... Mr. Dawkins: No, no, not if you need it, we are just trying to get some clarification on it, Mr. Manager. Don't withdraw it if you need it! Mrs. Kennedy: Did you decide to go this way because it was cheaper than the P.S.A.'s? Mr. Eads: Yes, Ma'am, we found specifically, at Virginia Key Beach, for instance, that it is cheaper to hire a security guard. I know this sounds ridiculous. It is cheaper to hire a security guard through a firm and have him employed there, than it is for us to hire the individual, and have them be a City employee. Mr. Plummer: And how many security guards do we have at Virginia Key? Mr. Eads: Again, Commissioner, that varies, depending on the requirements, depending on... Mr. Plummer: I mean, under normal circumstances, is there one security guard? 8 January 8, 1987 Mr. Eads: There is at least one there. Right after we put the chickees up on the beach, one of them was burned down by vandalism. Mr. Odio: It got burned down. Mr. Eads: I just understand that our sound system has been stolen out of the Miami Baseball Stadium, a portion of our sound system has been stolen out of the Miami Baseball Stadium. Mr. Plummer: OK, well you know, let me ask another question. You are talking about baseball and football, why not the Marine Stadium? You know, that's my concern, that if we start this, we are going to find ourselves in a position of millions of dollars. Where does it end, I guess is what I am asking! Mr. Eads: I guess it ends when the problem ends. Mr. Plummer: That's never! Mr. Eads: Well, it is less expensive to have a guard there than it is to constantly replace equipment, or whatever we lose through theft. Mayor Suarez: What is your pleasure on this item? Are we going to follow the City Manager's recommendation? Mr. Plummer: Well, you are in a position that if you don't do it and something happens, then the blame comes back to us. You know, that's the problem. Mayor Suarez: That is the way he sets it up. Mr. Eads: I will say to you, Commissioners, we are cognizant of your concerns, and we certainly would not take this authorization as a carte blanche offer to just arbitrarily spend the money, but we are very cautious about it. We will use it only when we need it. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-17 A RESOLUTION ACCEPTING THE BID OF BURNS INTERNATIONAL SECURITY SERVICES FOR FURNISHING SECURITY GUARD SERVICES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY FOR TWO (2) ADDITIONAL YEARS TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL PROPOSED FIRST YEAR COST OF $52,317.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 9 January 8, 1987 I1 i ------------------------------------------------------------------------------- 4. DISCUSSION AND TEMPORARY DEFERRAL OF PURCHASE OF VEHICLES (See label 70) Mayor Suarez: Item 10. Mr. Dawkins: Madam City Attorney, how can I, and I have been saying this for five years. I am sick and tired of taking the City of Miami dollars where people in the City of Miami pay taxes, hire local people, employ them, and their money returned through the local economy, and we constantly go out of town to buy cars. Now, I can I legally buy these automobiles from - and it is such a minimal amount of money - from Rainbow Dodge, and Max Grosso Chrysler - Plymouth, who happen to be located in the City of Miami. Mrs. Dougherty: Under the present state of the law, if you accept this bidding, you are going to have to go with the lowest bidder. Mr. Dawkins: OK, all right, so I could throw these bids out? Mrs. Dougherty: Yes, sir. Then... Mr. Dawkins: OK, you see, I don't understand how it is that the County can do things that we can't. Now, the County gave a bid, a million and some dollars above the low bid, and their explanation was, that they were giving it to a local firm that was going to hire local people and return the money to the local economy, so what do we do, throw these out and do what, now? Mr. Plummer: Well, let me ask this question. Of the bidders, and there is a number of them. How many of them are local bidders? Mr. Dawkins: Three. Mr. Plummer: And those three are what? Mr. Dawkins: Rainbow Ford... Mr. Plummer: No, no, what - OK, Rainbow is... Mr. Dawkins: I mean, Rainbow Dodge... Mr. Plummer: All right. Mr. Dawkins: Max Grosso, and Rainbow Ford. Mr. Plummer: Max Grosso? Mr. Dawkins: Yes. Rainbow Ford and Rainbow Dodge. Mr. Plummer: I don't see Max Grosso. Mr. Dawkins: You have to go back to - you have to get your package, J. L. Mr. Plummer: What part of the bid is Max Grosso? What is he bidding on? Mr. Dawkins: On everything but... Mr. Ron Williams: He bid on all of them. Mr. Dawkins: ... one item. Mr. Plummer: All right, for example, the motorcycles. Mr. Dawkins: The motorcycles? Mr. Plummer: Who is the bidder on that? Is that a local company? Mr. Dawkins: Well, it is in Davie, but the local company is... wait a minute. 10 January 8, 1987 0 Mr. Williams: The recommended bided vendor is not local, local meaning within Dade County. Mr. Dawkins: They are buying them from Davie, but you got Harley Davidson... Mr. Plummer: No, Harley Davidson is not the awarded bidder. Mr. Dawkins: No but I am saying though, I am telling who are the people located in Miami. Southwest Cycle, 8956 Bird Road, and that is the only... Mr. Plummer: All right, Miller, the only thing I was saying was that that... Mr. Dawkins: And Harley Davidson at 7701 N.W. 7 Avenue. Mr. Plummer: What I was trying to bring out, whatever the local vendors are, to go ahead and award those, and put the ones that are not local vendors back out. Mr. Dawkins: Well, Davie is not locall Mr. Plummer: I understand that. That is why I am asking, what portion of these contracts are local, and why can't we go ahead, under his thinking and award the locals, and put the rest of them back out to bid. Will you be that much ahead of the game, is what I am saying. Mr. Dawkins: Well, if you accept any of it, you have got to accept all of it. Mr. Williams: That is part of a... Mr. Plummer: Oh, sure, it has got to be. You can't bid the cars and the motorcycles together. Mr. Williams: Well, that is part of a one bid package. Of course J. L. they are individual items. Mr. Plummer: Hey, all I am trying to say is, if we can take and award the bids that are local, I agree with Miller. Whenever possible, I want to do business with home folk. Mrs. Dougherty: Mr. Commissioner, and Mr. Vice -Mayor, if I could suggest, would you defer this item until this afternoon and give us a chance to look it over? Mr. Dawkins: OK, before we do that, Mr. Williams, if we purchase these automobiles locally, what would be the difference in the $2,146,522 purchasing price of going to Jacksonville and Daytona Beach? And not a penny of that $2,146,522 would be returned to this economy. It is all going to Jacksonville and Daytona Beach, so what would be the difference there? Mr. Williams: I'd have to give you those by individual items. Of course, on item one, which is the major order, 203 police pursuit vehicles, the difference is $9,700, per the second low bidder. Mr. Dawkins: Less than $10,000. Mr. Williams: Less than... right, and that is the major item, item number one. Item number two, the difference is approximately $100 per vehicle. Item number three, it is approximately $275 per vehicle. Mr. Dawkins: How many vehicles is that, 51? Mr. Williams: Item three... Mr. Dawkins: Is two vehicles. Mr. Williams.... no, item three is the larger order, that is 84 vehicles, I think it is. Mr. Dawkins: 84? Mr. Williams: Yes. 11 January 8, 1987 0 4k Mr. Dawkins: And how much difference it is? Mr. Williams: $274, to be exact. Mr. Dawkins: So that's sixteen thousand dollars, go ahead. Mr. Williams: Item four, the low bidder... we don't have a local vendor - let's see, Rainbow - we don't have a local vendor meeting close specifications on item four, so I would have to look at that one a little closer. Item five, local being out of Dade County, the difference is approximately 130 vehicles. Item six, between the low bid and Rainbow Dodge, the difference is $271 per... Mr. Dawkins: For how many vehicles? Mr. Williams: On item six, how many vehicles? Item six, two vehicles. Mr. Dawkins: And what is the difference?... one hundred and what? What's the difference in the bid. Mr. Williams: $271. Mr. Dawkins: So, two times $271 is $500 and change. Mr. Williams: Item seven, we did not have a local vendor meeting the full specifications. Mr. Dawkins: OK, I defer this until the City Attorney can report back this afternoon. Go right ahead, say it. Mr. Williams: Let me say here that of course, we understand the wishes of the City Commission. We would have to look closely at trying to get to a real decision point on these vehicles because of the extended delivery schedule on these units. As you well know, these factories close down for retooling and re -setup. We are very concerned that if we don't get this order placed, not only could we possibly miss the order completely, but we could be further delayed by being placed lower on the priority list in terms of getting our orders into the factory; so I think it is important that the Commission consider, you know, coming back to us and making some kind of award within the legal requirements. Mr. Dawkins: The guy that you wanted to award the bid to, said 90 to 120 days. After March of 1987 would be the last day to place the order, so you have got until March. You have 90 days after March, according to what I have here, Mr. Williams. Mr. Williams: Yes, I understand that. Mr. Dawkins: OK, so March is 90 days. Mr. Williams: Yes, I understand. Essentially... Mr. Dawkins: See, all right, that's the first item, OK? The second item, where you want to award it to Regency, they got 60 to 75 days. The last day to accept order, April 15, so that is still 90 days. Mr. Williams: Again, Commissioner, I am talking about, these are not shelf order vehicles. We are talking about a major order, we are talking about these vendors once they have the order placed, going to the factory, making orders from the factory, getting in the priority list from the factory, you know, getting our cars equipped as we require them to be, and delivered. It is important that we take into consideration that this is just not vendor controlled. This is a manufacturer issue as well. Mr. Dawkins: All I can say to Mr. Williams is, in the event that the City Attorney tells me that we cannot purchase these vehicles locally, I will be voting against this. That is all I can tell you. I don't care how long it takes us to get the vehicles, I am just for buying them locally. Mayor Suarez: Mr. City Manager, Madam City Attorney, how can we build into our purchasing procedures or ordinances, some kind of a preference for local entities? It seems like we have them for minorities and a variety of other concerns. How about for local? Can we be more partial to? 12 January 8, 1987 Mrs. Dougherty: The State law permits a weighted evaluation for minorities in professional services. It also permits you to do so, have a weighted value for local and professional services. Mayor Suarez: In professional services? Not in regular... Mrs. Dougherty: Not in low - the highest and best bidder, or the lowest and best bidder situation, so that is one of the issues that I want to come back to you with a recommendation this afternoon. Mayor Suarez: Do you want to make a statement on this? Mr. Ken Nelson: Yes, Mr. Mayor, Commissioners, for the record, I am Ken Nelson, president of the F.O.P. I have to say that the City has done an admirable job in trying to expedite the delivery of these vehicles. The one thing I did want to point out, and the concern of the F.O.P. and the membership is, is we came before you back in September asking for delivery of these vehicles. We had an immediate need and an immediate concern. We are now three months later, and we are told it is probably going to be another five or six months, so I would ask that the Commission do anything in their power to help try and speed up the delivery date and like I said, the City has done an admirable job trying to do it, we are ready, you know, get the vehicles in as soon as possible. Mayor Suarez: How many new vehicles have we put on line since all of that took place at the Commission and we gave you the go ahead, and... Mr. Williams: They told us 25 at this point, Mr. Mayor. Mr. Dawkins: Mr. Manager, of that 25, how many of the vehicles did you take from the sergeants and put back on the streets? Mayor Suarez: Mr. Manager? Mr. Dawkins: He is with Commissioner Kennedy. Mr. Dawkins: Mr. Manager, you purchased 25 vehicles and gave them to 25 sergeants, and I asked you to take them from the sergeants and give them to the men on the streets. How many did we take from the sergeants? Mr. Odio: They were not given all to the sergeants. There were only 19 given to the sergeants. Mr. Dawkins: How many of the 19 did you t4ke? Mr. Odio: I don't know, sir. I have to ask the Chief if they have been reassigned, Commissioner. I will give you that answer today. Mr. Dawkins: Mr. Manager, I don't want the answer. I want the cars moved back to the men by this afternoon, please, sir. Mr. Odio: Yes, sir. Mr. Dawkins: The answer isn't worth a damn if we don't move the vehicles to the men in the streets. We did not buy these vehicles for the sergeants. We purchased them because the men on patrol were the ones in the gassy carsi Mr. Odio: But, the sergeants are on patrol too, Commissioner. Mr. Dawkins: But he don't patrol that much! Thank you. Go ahead, Mr. Mayor. Mayor Suarez: OK, we are tabling this item. 13 January 8, 1987 5. ACCEPT COMPLETED WORK OF GARCIA-ALLEN CONSTRUCTION COMPANY FOR WESTERN DRAINAGE PROJECT E-55. ---------------------- ----------- •----------------------------------------------- Mayor Suarez: Agenda item 14 is the next item. Item 14, Commissioner Kennedy. Mrs. Kennedy: Yes, I pulled 14. Where is Don? Don, I still get a lot of complaints from different parts of the City about the streets being flooded. What I would like is a list of the 43 locations where this work was completed. Mr. Don Cather: You would like a list of the 43 locations? Mrs. Kennedy: Yes, sir. Mr. Cather: You shall have it this afternoon. Mrs. Kennedy: Thank you. Move 14. Mr. Plummer: Second. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-18 _ A RESOLUTION ACCEPTING THE COMPLETED WORK OF GARCIA-ALLEN CONSTRUCTION COMPANY, INC. AT A TOTAL COST OF $902,654.74 FOR WESTERN DRAINAGE PROJECT E-54 (BIDS "B" & "C"); AND AUTHORIZING A FINAL PAYMENT OF $56,045.03. (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 6. A) GRAND PRIX ARRANGEMENTS ARE TO CONTINUE TO EXIST AS PRESENTLY CONCEIVED IN THE MASTER PLAN FOR DURATION OF THE AGREEMENT; B) EXECUTE GRANT AGREEMENT OF $250,000 FOR FUNDING OF THE PASS -THROUGH GRANT FOR STAGING OF 1987 GRAND PRIX RACE. Mayor Suarez: Agenda item 17. Mr. Plummer: Mr. Mayor, I am in favor of 17. Mr. Sanchez is here. There are two items that we would like to bring up. Just to inform you, we had the first meeting yesterday for the upcoming Grand Prix race. I understand that they have talked with Commissioner Kennedy in reference to the Grand Prix as it exists today in the Bicentennial Park. I would like to make a motion in addition to the item 17, that we instruct the Planning Department in their master plan that the Grand Prix does, and will continue to exist as it is today. 14 January 8, 1987 Mayor Suarez: How long is the term of our agreement with the Miami Motorsports? Mr. Plummer: I think it exists another ten years. Mayor Suarez: Ten years? Mr. Plummer: Yes. Mayor Suarez: How much remains, about eight years left? Mr. Plummer: No, ten years. Our original agreement was fifteen. This is the fifth annual, so it is eleven years, really, including this year. Mayor Suarez: That would be for the duration of the existing term of the agreement. Mr. Plummer: Exactly. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. Any discussion? I'd love to get some cleaning up and fixing up of that site over there now. Mr. Plummer: We are working on that, sir. Mayor Suarez: You supposedly are going to have an architect and we can come up with some money for landscaping at least, so if nothing else, we can just make it look a lot nicer. Call the roll on that item. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-19 A MOTION DIRECTING THE ADMINISTRATION TO INSTRUCT THE PLANNING DEPARTMENT TO LEAVE IN PLACE PRESENTLY INSTITUTED ARRANGEMENTS FOR THE GRAND PRIX EVENT TO CONTINUE TO EXIST AS PRESENTLY CONCEIVED IN THE MASTER PLAN FOR THE DURATION OF THE AGREEMENT. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Plummer: I now move item 17. Mr. Kennedy: OK, I approve 17, second, but I would like to discuss it, and under discussion, this is accepting a grant of $250,000 from the State, and as I stated before, I have no problems, I love accepting grants, but I would like Mr. Sanchez to give a brief report on his race. Mayor Suarez: Give us your name and address, and if you are being compensated for your appearance here. Mr. Plummer: He wonders about that some! (LAUGHTER) Mayor Suarez: If you make money this year, you are going to have to register as a lobbyist. If you lost money, you don't have to register. Mr. Ralph Sanchez: OK, thank you Mr. Mayor and Commissioners. This year's race is coming along just fine. We have had every year, it seems like we have different hurdles to pass, I mean, and you can't anticipate what the hurdles are. This year, the first hurdle was the problem in scheduling. The 15 January 8, 1987 u scheduling bodies gave us one date, and television gave us another one; as a result we were not able to set the final dates until almost about two or three weeks ago. We will be running on February 28 and March 1, and the only conflict that we really will have on that weekend is with the Doral Ryder Open, and I'd like to make a statement at this point, yesterday... Mayor Suarez: Is that on two different networks, I presume? Mr. Sanchez: Yes, we are going to be this year. We were last year, if you remember, on NBC. NBC cannot televise us on those dates. The only date that they had available, and the only interest that they had, was that they would take us on the 15th, March 15th, between 2:00 p.m. and 4:00 p.m., on a live broadcast, or a one hour delay. They were not interested in televising the race on a delayed basis, because of the ratings. We scrambled, I went to New York a couple of times, and neither CBS or ABC could take it this year. Next year, ABC is very interested, so we will be going this year with ESPN on a live basis, prior to them televising the Lipton Tennis Tournament. But, I'd like to share something with you that happened yesterday. Yesterday, I was at a Chamber of Commerce meeting, because there was a presentation of a Doral Ryder Open. As you know, it is the first time for the Doral. They are dumping over $1,500,000 into that golf tournament. They are going head to head with the Grand Prix, or should I say, the Grand Prix is going head to head with them, so we are going to be competing for the same crowd, the same television coverage, the same everything, a sponsorship and so on, because they will be selling hospitality and tickets just like we do. They did something yesterday, which I consider to be the ultimate in a company that supports a community, and a company that supports the events that make a community. Even though we are competing with them, Ryder became one of our sponsors yesterday, and they know that we are going to be competing for the same crowd, and they came in, probably what I would call a very, very substantial, not a main sponsor, but they came in as very substantial and that is something that is commendable, and I just wanted to share that with you because those are classy people, there at Ryder, and I am proud to have them as part of this community and part of the Grand Prix. Everything else seems to be moving along. We don't have a main sponsor this year. The local Lowenbrau distributorship got sold, and it is in limbo right now, so we will not have the good folks from Miller Brewing, or Lowenbrau back. The Grand Prix will not have a main sponsor. It will be the Miami Grand Prix, or the Grand Prix of Miami, which will set us behind a little bit, but we are now trying to involve local companies like Ryder to make up the deficit, and that is basically it. We are all working very hard, and we want to make this... this is our fifth anniversary, some people didn't think that we were going to make it through the first year; well, we are here five years later, and we hope to be here for the next fifteen. Thank you. Mrs. Kennedy: Thank you, Ralph. Mr. Plummer: Item 17 is moved and seconded. I'd like to add the wording that not only that this money pass through from the State, but this Commission go on record of tremendous support and encouragement for this coming year. Without hearing any objections, I will ask you to call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-20 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $250,000, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND IN ACCORDANCE WITH GRANT REQUIREMENTS, PROVIDING FOR THE FUNDING OF THE PASS -THROUGH GRANT WITH THE STATE OF FLORIDA FOR THE STAGING OF THE 1987 GRAND PRIX. (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- 16 January 8, 1987 4k AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Xavier L. Suarez 7. NEGOTIATIONS ORDERED WITH OWNERS OF THE LOTS FOR THE CONSTRUCTION OF THE SOUTH DISTRICT POLICE SUBSTATION; FURTHER TO CHECK FOR ALTERNATE PARCELS. Mr. Plummer: Agenda item 18. All right, who pulled item 18? I did! (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Oh, yes, I am very concerned about 18. Item 18 is the acquisition of certain properties. As it seems on the agenda, it is to pull the item free and clear. We pay $760,000 and walk. I think we had better hold up, we don't have a full Commission. We don't have even a quorum. Mr. Mayor, I pulled item 18. If you look at the item on the agenda, it looks like that is acquiring parcels - four major parcels, by the way - for the Latin substation for the amount of $760,000. The four key parcels, in my estimation, are the corner which are not yet into any way acquisition by this City. I have two... Mayor Suarez: One of those is Alvarez, isn't it?... the printer? Mr. Plummer: I don't know the names. Let me tell you my concern. My concern is twofold. Number one, paying this $760,000 does not give us the property. There is a tenant who is refusing to move, who has a remaining 12 - year lease that either is going to have to be bought out at a ridiculous number, or go through condemnation proceedings on the lease. Mayor Suarez: Which one is that? Is that Alvarez? Mr. Plummer: That is... Mr. Al Armada: No, that is not Alvarez. That is Simon. Mayor Suarez: That is the guy who refuses to negotiate. Mr. Armada: Simon, Mr. Simon. Mr. Plummer: I don't know the owners, all right? Mayor Suarez: What would be the procedure on that one? I am maybe preempting your argument here, but would we have quick condemnation abilities on a lease like that? Mr. Plummer: You mean quick take? God forbid. Mrs. Dougherty: You can always do that. Mr. Plummer: Well, I want to... Mayor Suarez: If you have six or seven and you have one piece that is missing, you are going to have to... Mr. Plummer: No, no, no, that is not the point. All you would be taking quick take there is on the... Mrs. Dougherty: Lease -hold. Mr. Plummer: ... lease. Mayor Suarez: Right. 17 January 8, 1987 Mr. Plummer: Now, the other fear that I have, Mr. Mayor, is in fact, the four remaining parcels which are the corner, the key, and you are setting a price precedent, based on what you are paying here, you are not going to get the others, in my estimation, at what I consider to be fair value. Now, I am just that concerned that if you go through a condemnation proceeding, you are talking about possibly two years in court. The key parcel has already been indicated that they are going to definitely go to condemnation. They have nothing to lose in condemnation, according to that, and if you are not going to take the key parcel, or take the entire thing at the same time, I am very much concerned that you are setting a precedent, one for the other, and you still got a tenant for twelve years in there. Now, Mr. Mayor, the history of this City, in quick takes has been a disaster. It has been a disaster as of recent in Overtown - also an absolute disaster when it came to the F.E.C. property. Quick - takes, as you are well aware, you are at the liberty of a jury who sets whatever price, and you have got pay it, once you have taken it. We paid approximately $12,000,000 more for quick - take on F.E.C. Now... Mayor Suarez: Are you, if I can... Mr. Plummer: I am waving flags of caution, and my suggestion to Al this morning, when he came to talk with me, is to go back to the owner, and insist with him, even though he has said he won't do it, is to insist upon with him that he must negotiate with his tenant and yes, it is going to cost us a few more dollars, but then we get the property free and clear. Other than that, we are paying for the property, taking it off the tax rolls, and we are still into a legal battle that could take us up to two years. Now, that doesn't address the issue of the key parcel on the corner, in which you are, as indicated by the owner's attorney, is definitely going to condemnation. He doesn't even want to talk about a settlement; so I am saying is, if you are going into settlement with one, or you are going into condemnation with one, what have you accomplished if the other one is not going to be free and clear and we can't proceed as we have promised the public? My understanding, there is about ten times difference between what maybe the lease -hold interest is worth, and what the lease holder is asking for, it is exactly ten times, well, based on projections. I would like to see this Commission take an action that tells the owner of those four key parc$s that we are ready to negotiate, but since we are not legally entitled at this point to negotiate with his tenant, he has got to do it, we can't, that he has got to go back to that tenant and deliver to this City, free and clear that property, because if we don't do it that way, we have not accomplished anything. Now, the fear, and the expression of fear by the Legal Department is - well, I am not going to even bring that up. I don't think I should bring that up. Mayor Suarez: Is there more of a problem, as Commissioner is implying, with the situation where we are ready to deal with the owner, but cannot get the tenant to come aboard, than any other situation here where we have got, we are setting a precedent by paying a certain amount and we can't complete our substation without getting one of the other tenants, who is not, I mean, one of the other owners who is not willing to negotiate. Is there any real difference? Mr. Armada: Well, if I understand your question correctly... Mayor Suarez: Does one of us put us more in a box than the other one, or are we just faced here with a situation of a variety of people who want to negotiate and one or two that don't? Mr. Plummer: Well, let me give you this. Then I will just shut up and let you answer, Al, OK? The tenant, at this point, it is my understanding, wants $200,000 for his twelve-year lease -hold, OK?... and I've already said that is ten times projected what it is worth, so take it from there. Al, you go ahead and answer the Mayor's question. I just think that was important. Mr. Armada: Mr. Mayor, if I understood you correctly, this is indeed the most complicated acquisition we have there, because we don't have any other tenants that have a twelve year. Mayor Suarez: But, see that cuts both ways. If you have no other tenants, that means that as a precedent setting aspect of it, what we pay this person will not set any precedent, because there is no other situation like it. Mr. Armada: I think... 18 January 8, 1987 Mayor Suarez: So that is not the concern. The concern is simply that we get bogged down in dealing with this one, just like in... Mr. Plummer: Yes, and nol Precedent is that it is no parallel because the key parcel has not tenants, yes, but precedent setting on the price that you pay, it definitely has a bearing. Mayor Suarez: But, that is true of any of the other negotiations that are taking place. We have got some owners that don't want to negotiate. Mr. Plummer: We have got the rest. The rest of it is ours. Mayor Suarez: No, we have got some owners that don't want to ... Mr. Armada: There are six property owners there. Mayor Suarez: Right. Mr. Armada: You know, one of those may own one parcel. One of those may own four or five. We at this point have complete control of two properties by these two property owners, and we have a third one that, you know, is just going to be signing up for the purchase and sale agreement, so we pretty much are in control of three at this point, I would say. The other three, OK, one, is before you here. The fifth parcel is Mr. Alvarez' property, which we have to further negotiate with him, and is the least critical of all, and then the sixth... Mayor Suarez: Why do you say that? Mr. Plummer: It is on the western edge. Mr. Armada: Well, because as I understand from the design part, it is in a situation which that is where the parking lot is going to be, so it is not... Mayor Suarez: You could always make due with something else in the meantime, while we litigate with the guy. Mr. Armada: That is right, and the sixth parcel and property owner, as Commissioner Plummer said, indeed, is the corner lot, which is a very important piece of property, there is no question about it. That is the one that is from the start doesn't have a tenant, the tenant left already, so in my opinion, that income she is losing. Mayor Suarez: So that could be the linchpin of the whole thing, that one. Mr. Plummer: Well, but tell him what the owner of the property - you've got to tell him that! Mr. Armada: Well, the attorney for the owner of that property, basically said, you know, we do not accept any of your offers. We want to go to condemnation, and we are sitting, you know, standing... Mr. Plummer: Little strong language that you gave me. "We don't even want to talk, we will see you in court." Mr. Armada: That's right. Mr. Odio: Are you saying to go to condemnation in all of them? Mr. Plummer: Well, what I am saying is, I guess, is that you try to go back with this owner that is here, that is on the agenda, and tell him that the City can only buy if it is free and clear, OK? You know, we are not legally in a position to even negotiate with the tenant, unless we buy the property, and if in fact, what happens, we get $1,000 a week rent for $760,000 that we have paid, and taken off the tax rolls. OK, I would like to make a motion at this time to instruct the proper administrative people to go back and negotiate what this Commission considers to be a final deal that we would like to do business immediately, but under the conditions, we have to have it free and clear. And for the record, I realize that it is going to cost us a few more dollars to get that lease hold interest beyond what has already been negotiated for the price of the property. That is to be understood, but not $200,000. 1 so move. 19 January 8, 1987 Mr. Kennedy: Second. Mayor Suarez: So moved and seconded. Let me ask you a question, should all of this fail, are you prepared to recommend looking at another site? Mr. Plummer: You can't, you already own two! Mr. Armada: We already own two; probably three. Mayor Suarez: How did we pay for those? Mr. Plummer: $380,000. Mr. Armada: About $380,000 at this point, including relocation and everything, which I... those two have definitely come way below what I anticipated we were going to spend for those two. Mayor Suarez: We can go to other sites, I mean, if you get bogged down and you lose that, you can always re -sell those properties and find some site that we can acquire, you know, in total, the whole thing, because if we don't threaten to do that, we are not going to be able to negotiate very well. Mr. Plummer: I'll include in that motion... Mayor Suarez: Thank you! Mr. Plummer: I'll include in that motion that at simultaneous time that the Administration is going back to this renegotiation that the Administration also be authorized to go out and look for other parcels for acquisition. I'll include that in the motion, if it is acceptable to the second. Mayor Suarez: Very helpful. OK, any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-21 A MOTION INSTRUCTING THE ADMINISTRATION TO GO BACK AND NEGOTIATE WITH THE OWNERS OF THE FOUR LOTS BEING PRESENTLY CONSIDERED IN CONNECTION WITH CONSTRUCTION OF THE SOUTH DISTRICT POLICE SUBSTATION; FURTHER AUTHORIZING THE CITY MANAGER TO CHECK FOR OTHER ALTERNATE PARCELS IN CONNECTION WITH SAID PROJECT CONCOMITANTLY THEREWITH. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Dawkins: Mr. Mayor, I'd like to ask the Manager, you have got $5,000,000 with which to build a substation, is that correct, sir? Mr. Odio: Yes, sir. Mr. Dawkins: And you are talking here of spending how much to acquire the land? Mr. Odio: Here was $700,000 and some dollars... Mr. Dawkins: A million dollars, right? Mr. Odio: Plus already $300,000, that is $1,000,000 plus, you are looking at having left, maybe $2,500,000 to $3,000,000. 20 January 8, 1907 r r Mr. Dawkins: Right, so do we have an architectural rendering to put a building up a $250,000, that would bring the building in at... Mr. Plummer: You have about five of them. Mayor Suarez: Do we have a scaled down version that could be done for that amount? Mr. Odio: The architect was instructed to scale it down, as of about six months ago. Mr. Dawkins: All right, that is all, no problem. Mayor Suarez: Can we see it some time, what that looks like? Mr. Odio: Yes, sir. Mr. Plummer: Which one do you want to see, (A), (B), (C), (D)? Mayor Suarez: A sub -substation, or a mini substation, or a... Mr. Odio: We can do that. Mr. Plummer: We have about... Mayor Suarez:... demi, sub, mini station? Mr. Plummer: Sub. Mr. Odio: It's going to end up being a ... Mr. Plummer: Full service, I think was the word. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: AGENDA ITEM 19 WAS TEMPORARILY DEFERRED. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 8. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF ALLOCATION OF $60,000 TO COCONUT GROVE CARES FOR ANTIQUE AND JEWELRY SHOWS. (See label 10) ------------------------------------------------------------------------------ Mayor Suarez: Agenda item 22. Mr. Dawkins: 22. Mr. Odio: This is ratifying the motion passed by the Commission, Commissioner Dawkins, to help Coconut Grove Cares in their antique shows. That is to pay for the rent. Mr. Dawkins: Every year you guys sit up here and say you are not going to give any more money to Coconut Grove Cares. Now, you are giving them $60,000, OK? Now, what is going to happen to the next group that comes up here and wants some fees and what have you? What are you going to do then? How much money you got left for these kinds of waivers? Mr. Odio: We had this one, since we have been doing it for years, that was in the budget, the waiver of fees for ten months. Mr. Dawkins: It was not in the budget, sir. Go get your budget: All right, defer this until you bring me the budget book and show me this in the budget book. Mr. Odio: OK, I will get you the note on that. Mr. Dawkins: Beg pardon? 21 January 8, 1987 f r Mr. Odio: Yes sir, I have a note here that says, "the City Commission has allocated funds to cover..." Mr. Dawkins: No, no, nowt You said this was approved at the budget hearing. Mr. Odio: I am saying that a note °rim the Management and Budget Department here says that for the past three ys-,.ts, we have allocated funds to cover ten months of rental at the Exhibition Center, and I will get you the proper documents, if you so wish, but that is a note from the Management and Budget Department. What we are doing here, Commissioner, is ratifying the action taken in the Commission in December. Mr. Dawkins: I know what you are doing. The only thing I am asking is, when other people come up here that I feel like giving $60,000, where in the hell are you going to get it from, Mr. Manager, that is all I am asking you. Mayor Suarez: How about for, within the next ten days, giving us a breakdown of what is left in the special funds and accounts? Mr. Dawkins: That is not where this came from. This came from Community Development funds. It did not come from Special Accounts. Mr. Plummer: I think your request is legitimate. Mayor Suarez: It reads, Special Programs and Accounts. Is that where it is coming from? Mr. Odio: Yes, sir. Mayor Suarez: OK, how about giving us, within the next - I keep asking for this... Mr. Odio: I sent you two memos on that, Mr. Mayor. Mayor Suarez: Yes, and I get it in a form that is not particularly intelligible, but maybe... Mr. Odio: I have sent you two complete reports on that. Mayor Suarez: Yes, I know, that is the problem, they are too complete! They are too complex and complete! 9. URGE TEAM MEMBERS OF PIG BOWL GAMES TO PLAY IN THE ORANGE BOWL, WITH FEES TO BE WAIVED. Mr. Plummer: Mr. Mayor, let me bring up a subject in that same category. I don't know about you, but I am sick and tired of going to the "Pig Bowl" out in the County. I'd like to make a motion now, urging the Pig Bowl to move to the Orange Bowl, and that we, in fact, if they want, will waive the fees. I think it is high time that we had our own people in our own Orange Bowl, and I'd like to make a motion at this time to urge the members of the teams of the Pig Bowl, to move it next year, or even - no, they can't this year, it is already scheduled for Tamiami, but I'd like to see with a little bit of pride, that we have that thing in the Orange Bowl, and that this Commission go on record of that pride by saying that we will waive all the fees, and I so move. Mr. Dawkins: Second. Mrs. Kennedy: I think it is about time that we do that, yes. Mayor Suarez: So moved and seconded, and thirded. Any discussion? Call the roll. Mr. Plummer: I hope Sergio hears that. 22 January 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-22 A RESOLUTION URGING THE TEAM MEMBERS TO CONSIDER THE POSSIBILITY OF MOVING THE PIG BOWL GAMES TO THE ORANGE BOWL; FURTHER DIRECTING THE CITY MANAGER TO WAIVE ALL PERTINENT FEES RELATED TO THE USE OF THE ORANGE BOWL IN CONNECTION WITH SAID GAMES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: It used to be that the Chief was not particularly excited about the Pig Bowl, if I remember correctly, so it is nice to see that the Chief and the Manager and the Commission, you know, get behind something like this that brings together the Police Department. Mr. Plummer: Madam Clerk, would you please forward a copy of that to the appropriate representative of the Pig Bowl. Ms. Hirai: Yes, sir. -------------------------------------------------------------------- 10. CONTINUED DISCUSSION, ALLOCATION OF $60,000 TO COCONUT GROVE CARES FOR ANTIQUE AND JEWELRY SHOWS. (See label 8) Mayor Suarez: Do we have a motion on item 22? This is Coconut Grove Cares. Mr. Plummer: I will move 22 under the circumstances that you and Miller get an accounting. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-23 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $60,000 ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE RENTAL FEES AT THE COCONUT GROVE EXHIBITION CENTER FROM OCTOBER 1, 1986 THROUGH SEPTEMBER 30, 1987 FOR TEN (10) ANTIQUE AND JEWELRY SHOWS CONDUCTED BY COCONUT GROVE CARES, INC.; 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.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 23 January 8, 1987 11 AYES: Commissioner Rosario Kennedy Vice -Mayor J.L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins. ABSENT: Commissioner Joe Carollo ------------------------------------------------------------------------------ 11. AUTHORIZE PAYMENT TO THEODORE SLACK FOR APPRAISAL OF LOTS IN KENILWORTH REVISED SUBDIVISION. Mayor Suarez: I'm sorry - Item 21 had been asked by Mr. Cohen. Would you step up to the mike, and you are OK on item 19? Mrs. Kennedy: I am all right on item 19. Mayor Suarez: Let me entertain a motion on item 19. Mrs. Kennedy: I so move. Mr. Plummer: Second. Mayor Suarez: Item 19 is moved and seconded. Any discussion? Call the motion on item 19. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-24 A RESOLUTION AUTHORIZING THE PAYMENT FOR A THIRD APPRAISAL BY THEODORE SLACK, MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, AT A FEE OF $5,000 TO FACILITATE A NEGOTIATED PURCHASE IN LIEU OF CONDEMNATION OF LOTS 12, 13, 14 AND 15, KENILWORTH REVISED SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; FUNDS COVERING THE COST OF THIS APPRAISAL BEING ALLOCATED FROM 1984 MIAMI 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 Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: ABSENT: None. Commissioner Joe Carollo 24 January 8, 1987 f r ------------------------------------------------------------------------------ 12. APPROVE CONSTRUCTION OF STATUE HONORING NESTOR IZQUIERDO ON 13 AVENUE. ------------------------------------------------------------------------------ Mayor Suarez: Mr. Cohen, Item 21. Mr. Sanford Cohen: Yes, I am requesting that this item 21, on the consent agenda, be transferred to a public hearing. This history is replete with... Mr. Plummer: Wait a minute. For the record, sir, this is a public hearing. Mr. Cohen: I disagree, Mr. Commissioner. Mr. Plummer: All right, just for the record I am saying that in my estimation, this is a public hearing. Mayor Suarez: How much more public do you want it? Mr. Plummer: It has been advertised as part of this agenda. It is a public hearing. Mayor Suarez: We have asked for citizens to give input and you have asked to give input on this item. No one else has. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 9:58 A.M. Mr. Cohen: I... OK, I am requesting that this item be transferred for an advertised public hearing. This involves public property. They started a foundation, but without a permit. The statue should not require such foundation. They are building a monument, which is supposed to be a statue. I'd like to introduce into the record a copy of a photograph that I took of it in the last 30 days, which says, "To construction of monument," and you can sec the dimensions of this project, which according to - Mr. Mayor, I am ha;,ding this to the City Clerk, the exhibit for the record. Back in July of 1984, it was discussed by the City Commission that this matter be presented to the Me:avial Committee of the City of Miami and then it would come back and be heard at a public hearing. I believe Commissioner Plummer made that remark, I am quoting him. Now, that motion refers to a bust, I believe, or a statue. On April loth, the record refers to a statue. The resolution that was signed on the loth refers to a statue. The resolution as proposed today refers to a statue. This is a monument of the - the resolution is not self-explanatory that is being offered by whoever submitted it. Also, for the record, I would like to say that this back in 1984, there is reference to a translation, and I think for the chief administrative officer of the City of Miami to get involved in translating matters in which he himself has already committed his position is prejudicial. In any event, to promote the public interest, I am requesting that we maintain the respect of the people and their government, so that this matter shall be transferred for an advertised public hearing, I am requesting that you consider the appropriate nature of my request. Thank you. Mayor Suarez: Thank you, Mr. Cohen. Just to clarify, this is not going to involve any public - any expenditure of any public funds whatsoever? Mr. City Manager, item 21 will not require the expenditure of any public funds whatsoever? Mr. Odio: No. Mayor Suarez: Just to put that into the record. Any discussion on item 21? I entertain a motion on it. Mr. Carollo: Moved. Mayor Suarez: Commissioner Carollo moves it. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Call the roll. I'm sorry, Mr. Cohen? Mr. Cohen: What is the motion? 25 January 8, 1987 Mayor Suarez: To approve item 21, the placing of the monument. Mr. Cohen: In other words, you are refusing to allow the public input into the use of public property for which... Mayor Suarez: No, no, we are not refusing anything. We allowed it, you just did it. Mr. Cohen: No, sir, this is not an advertised public hearing. Mayor Suarez: Would you want us to agree with you? We don't agree with you. Mr. Cohen: I am requesting - well, I just wanted to be clear as to what your motion is... Mayor Suarez: I am letting you clarify. Mr. Cohen:... is stating, and that is that you do not recognize my request for an advertised public hearing. Mayor Suarez: Commissioner Plummer has explained it from our understanding, and I think this Commission agrees with him, there has been an advertised public hearing, and your input was taken on it, so we are ready to vote on it. Mr. Cohen: So you are saying the advertisement on the agenda - the statement on the agenda is not advertised, sir. If you call up the newspaper and say I want an advertisement... Mr. Dawkins: OK, if it is not advertised, sir, how did you know it was being heard today? How did you find out it was being... Mr. Cohen: I didn't see it in the... Mr. Dawkins: But, how did you find out? Mr. Cohen: How did I find out? Mr. Dawkins: Yes. Mr. Cohen: I looked at the agenda. Mr. Dawkins: Beg your pardon? Mr. Cohen: I looked at the agenda. Mr. Dawkins: Well, isn't that a form of advertising? Mr. Cohen: Does everybody in the City of Miami receive an agenda? Mr. Dawkins: Does everybody in the City of Miami feel like you feel about this? Mr. Cohen: Why don't you find out? Mr. Dawkins: Well, I already know. Mr. Cohen: That is the purpose of a public - how can you know, if you haven't allowed the public to participate? Mr. Dawkins: I call the order of the day, Mr. Mayor. Mayor Suarez: Thank you, Mr. Cohen. We feel, obviously, the Commission feels, and it is the consensus, that the advertising of the agenda and the availability of the agenda to yourself is enough public notice on'this item. Mr. Cohen: But, I am only one person, and... Mr. Dawkins: Call the roll. Mayor Suarez: And we have heard you. 26 January 8, 1987 Mr. Cohen: But you refuse to allow the public... Mayor Suarez: Sir, no more clarifications. Call the roll on the item. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-25 A RESOLUTION APPROVING THE CONSTRUCTION ON CUBAN MEMORIAL BOULEVARD OF A STATUE HONORING NESTOR IZQUIERDO, A CUBAN PATRIOT WHO DIED IN NICARAGUA; SAID APPROVAL TO BE CONTINGENT UPON FUNDING BY ACCION CUBANA; FURTHER CONTINGENT UPON THE ACQUISITION BY SAID ORGANIZATION OF ALL APPLICABLE BUILDING PERMITS. (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: AGENDA ITEM 23 WAS WITHDRAWN. 13. A - RECONSIDERATION OF PREVIOUSLY TAKEN VOTE ACCEPTING BIDS FROM SUPPLIERS OF LUBRICANTS AND FUEL; B - DEFER CONSIDERATION OF BID ACCEPTANCE FROM SIX SUPPLIERS OF LUBRICANTS AND FUEL. Mr. Carollo: Excuse me, if I may, Item 11, I'd like to bring it back for consideration. Mayor Suarez: Item 11, Commissioner? Mr. Carollo: I'll wait until the Mayor is off the phone. Mr. Plummer: Item 117 Mr. Carollo: Item 11, that is correct. Mayor Suarez: Proceed, Commissioner. Mr. Carollo: Item 11 has to do with the awarding for the one year contract with two additional years, possible renewal contracts for the lubricants for the City of Miami, and fuels. Several areas that I'd like to get into on this item. Number one, Mr. Williams, sir, are you representing the City on this particular item? Mr. Ron Williams: I'm sorry? Mr. Carollo: Are you are representing the City on this particular item? 27 January 8, 1987 Mr. Williams: Yes, this is a G.S.A. item. Mr. Carollo: All right, sir. On the item description list that we have, on number 21 and 22, states that we have, on number 21 and 22, states that Gulf Harmony on 21 and 22 is Gulflube. Why are we specifying a particular corporate name brand, instead of just placing it like any other item, with the numbers of the type and quality that we require? Mr. Williams: As the rest of them show a generic specification, I understand fully. Let me just say that there is no particular reason for specifying a vendor or brand name, other than to establish a minimum level of specificity. These two items in particular, upon researching them, are Fire Department required fuel and lubricants, and you will notice that as part of that specification, "and/or equal," has been added to it in order to fully open it up and indicate that not only is this product one of those meeting specifications, but any other product that is equal to those specifications is acceptable. Mr. Carollo: Well, what I have before me in the item description, item by item, all that it states is Gulf Harmony, 081, 32 AW, in the Gulflube, XHD ASE-40, and so on. At no time do I see here they can substitute for any additional type, and I think what it is doing is, is leaning these two particular items in this bid, toward a certain manufacturer, and that is Gulf Chevron. Mr. Williams: That would absolutely be correct, but if I may, I can read to you from the bid document itself, I think we have it here. In the bid document itself, from that particular vendor, it clearly does read, on item 21, Gulf Harmony Oil, 32 AW, in parenthesis, (or equal). Item 22 reads, Gulf lex XHD ASE-40, API, CC, SF, SE, or equal, but let me add this, the low bidder, on these two particular items, did not bid a Gulf Division project at all, and did their own qualified product, as an equal to what is proposed in the bid document itself. Mr. Carollo: Well, the point I am trying to make, Ron, is whether it is Gulf Chevron, or whether it is Amoco, or another corporate name brand, we should not place the name brands when we ask for bids, just write the numbers and the quality of the product that we want, and that should be it. Mr. Williams: As we have done with the rest of the document, I fully agree with you. Let me just say in form of an explanation this fuel and lubricant bid package is a comprehensive one, comprehensive from the position that it includes all fuel and lubricants used throughout the City: The GSA motor pool, the GSA Heavy Equipment Division, and the Fire garage, and we end up with a compilation of requirements. These two products were specified that way, but again, I say to you, there is no particular requirement that we use that project, and in fact, the low bidder has bid a product other than what is shown here. Mr. Carollo: Now, I would like to ask my colleagues if I could be allowed to make a motion to be ask for this item to be deferred, and I will explain why I would like the item to be deferred. Mayor Suarez: Did we vote on it? Maybe a motion to reconsider is in order first. Mr. Carollo: Yes, it is a motion to reconsider deferment. Mr. Plummer: Second. Mr. Carollo: In this particular item, what we are looking at, is eventually giving out over $1,700,000 a year, on the first year, with a renewal for two additional years, for fuels and lubricants in the City of Miami, which, if the City exercises the other two additional years, it would be a contract worth well over $5,000,000. One of the bidders is recommended to be given a part of this contract initially, on the lubricant side, not on the fuel, and at least one of the other bidders from the Gulf Oil Corporation, which is Gulf Chevron, Chevron bought Gulf out. I am totally opposed to giving one penny of this City's monies in any contract to Chevron Gulf, and the reason why is, the same way that this City' has taken certain positions in regards to South Africa, I think it is insulting to deal with the very people that are providing the government of Angola through the Gulf Oil Corporation, 28 January 8, 1987 anywhere from one point five billion dollars to two billion dollars a year revenue, so they can pay Castro's troops in Angola and arm the Communist regime of Angola in Africa; so I would like to have this item deferred to give the City Attorney time to study the legalities involved here, and to see if we can present to this Commission an ordinance for the next meeting that would make this Commission's position clear, if that is what the majority would be willing to vote upon, that we would not do any business with any firm or products that are represented by Gulf Chevron. Mayor Suarez: Can we have a motion to reconsider the item? We ought to take that first. Mrs. Kennedy: I think we have a motion and we have a second, don't we? Mayor Suarez: Do we have a second? Ms. Hirai: We do. Mr. Odio: Can I ask a question, sir? Mayor Suarez: Yes. Mr. Odio: Could we take out the Gulf part?... the one that is... Mayor Suarez: Well, so far, we are just moving to reconsider. Why don't you hold that for a second? Otherwise, really, any discussion would be improper. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-26 A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON AGENDA ITEM 11, ACCEPTING THE BIDS FROM SIX SUPPLIERS FOR FURNISHING LUBRICANTS AND FUEL TO THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Mayor Suarez: Now, what additional motion would you want us to consider, Commissioner? Mr. Carollo: The only motion we have is a motion to defer it for the next Commission meeting. Mayor Suarez: We have a motion to defer this item. Mr. Plummer: Second. Mayor Suarez: Seconded, Commissioner Plummer. Mr. City Manager, do you want to make any statement on the motion to defer? Mr. Odio: Well, what I wanted to know, if we could exclude the Gulf part, and get the other ones, so we can proceed, the ones that are not affected. Mr. Carollo: Cesar, I have no problems with going about it that way, but we might have a problem then, a legal problem, that if we take the Gulf firm out, and issue it to the others... what I am trying to do is give the City Attorney's office enough time... Mayor Suarez: Yes, we kind of went through a similar argument this morning on another item. We went through the same argument this morning on a different item, on splitting up a bid. 29 January 8, 1987 f W Mr. Williams: Mr. Mayor, if I may add, this is open market competition, and again, I would have to yield... Mayor Suarez: I guess the boss spoke there, huh? OK, we have a motion to defer, and we have a second. Any discussion of that motion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-27 A MOTION DEFERRING TO A FUTURE MEETING, CONSIDERATION OF A PROPOSED RESOLUTION ACCEPTING BIDS FROM SIX SUPPLIERS FOR FURNISHING LUBRICANTS AND FUEL TO THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: None. 14. MANAGER TO MEET WITH OUTBOARD CLUB REGARDING RENOVATION OF BOAT RAMP ON WATSON ISLAND. Mr. Plummer: Mr. Mayor, we are finished with the consent agenda, may I bring up two items, please? The first one, the City, because of problems of deterioration, has closed the boat ramp at the McArthur Causeway, which was very much used by the people of this community. The people of the Outboard Club, which are next door, would like to join hands with the City, and pay for the renovations of that facility. I think it is a very fine and generous offer on their behalf, and I would like to make the motion at this time that the Administration work with the Outboard Club, since they are willing to pay the tab, to reinstitute, in a nice way, that facility which is open to the general public, and I so move. Mrs. Kennedy: Second. Mayor Suarez: So moved and... Mr. Carollo: What is the motion again, J.L.? Mr. Plummer: The motion is that the Miami Outboard Club is willing to pay to have the facilities of the boat ramp, that is on McArthur, on Watson Island, and they are willing to pay for it, and I am asking the Administration to work with them, since they are willing to do the work, and pay for it, to open that facility back up, which was much used by the public in the past. Mr. Carollo: OK. Mr. Eads: Commissioner, that is under design right now. As soon as we get that design completed, we will get it to them and get it in place as rapidly as possible. Mr. Plummer: Well, no, before that. I would like to see them, since they are picking up the tab, that they be considered right now, so that they can enter into with you, the design concept and things, since they are paying the tab. I so move. Mrs. Kennedy: And I second it. 30 January 8, 1987 Mayor Suarez: So moved and seconded. Any further discussion? Call the roll on that motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-28 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET WITH MEMBERS OF THE MIAMI OUTBOARD CLUB IN CONNECTION WITH THEIR PROPOSAL TO PAY ALL COSTS INVOLVED IN CONNECTION WITH THE RENOVATION AND REOPENING OF THE FACILITIES OF THE BOAT RAMP ON WATSON ISLAND IN ORDER THAT SUCH FACILITY MAY BE ENJOYED AND USED BY THE PEOPLE. 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. Plummer: You will so notify the Commodore. Mr. Eads: Yes, sir. 15. NEGOTIATE WITH HOTELS ACROSS THE STREET FROM CITY HALL FOR A NEW SIGN AT ENTRANCE OF CITY HALL. Mr. Plummer: Mr. Mayor, the other thing I have, is just to report to you, sir, I had indicated to you before that one of our fine hotels across the street had indicated that they would like to erect a nice sign at no cost to the City for City Hall and facilities. They have gone one step further, Mr. Mayor, they .will be proposing to the City at no cost to the City, a new sign in the front, for City Hall, and they were working on... Mayor Suarez: When? Mr. Plummer: OK. Mayor Suarez: Digame cuando? Mr. Plummer: All right.. a cuando, they... Mayor Suarez: I was ready to put out another memo, because the last one was on March. Mr. Plummer: OK. Mayor Suarez: I did put out another memo, the last couple of days. Mr. Plummer: OK, the reason it has been held up, they would like to see if they can include a fountain with the sign, at no cost to the City. Mrs. Kennedy: Who is this? Mr. Plummer: Woody. Mayor Suarez: What is going to determine whether they can or not? Whether they have the money, or they are willing to spend it, or...? 31 January 8, 1987 Mr. Plummer: I think what he is trying to do with the fountain is to get a couple of the others to chip in. Mr. Carollo: Maybe we could make one like the fountain of Trevi in Rome, where you make wishes and all of that) Mr. Plummer: Throw money into. Mrs. Kennedy: Yes, three coins in the fountain. Mr. Plummer: That is just a report, Mr. Mayor, that I hadn't forgot about it, but... Mayor Suarez: Couldn't we get the sign in the meantime? I mean, are we - does this whole thing have to be done as an integrated project? Mr. Plummer: The way that it was proposed to me, that it would be, the fountain and the sign would be one and the same. Mayor Suarez: Do we have any idea of when all of this... Mr. Plummer: Let's set 30 days to get a final... Mayor Suarez: That would be useful. Mr. Plummer: OK, I just wanted to make that report to you. Mayor Suarez: We can always, you know, have the sign removed. It can't be that expensive to put a new sign. OK, at least for the next 30 days, I believe it is the consensus of this Commission to wait to see if we can get all of this donated, including a fountain, and so on. Mr. Plummer: So notified Woody, please. Mrs. Kennedy: Second, I think it is great. If our form of government would be judged by the sign that we have, we would be in bad shape. I love the proposal. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-29 A MOTION AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH HOTELS ACROSS THE STREET FROM CITY HALL IN CONNECTION WITH A PROPOSAL RECEIVED FROM THEM TO TOTALLY COVER THE COST FOR THE PROPOSED ERECTION OF A NEW SIGN AT THE ENTRANCE OF CITY HALL AS WELL AS THE POSSIBILITY OF A FOUNTAIN; FURTHER DIRECTING THE CITY MANAGER TO REPORT BACK WITHIN THIRTY DAYS. 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. 32 January 8, 1987 --------- -------------------------------------------------------------------- 16. EMERGENCY ORDINANCE: COST OF LIVING ALLOWANCE BENEFITS TO FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST. ------------------------------------------------------------------------------ Mayor Suarez: Agenda item 28. Mr. Odio: Item 28, Mr. Mayor, is to amend the City code to add the new section to be known as Section 40-213.1. This is the cost of living allowances benefits. Mr. Plummer: Move item 28. Mrs. Kennedy: Second 28. Mayor Suarez: Moved and seconded. Does this comply with the request of the Retired Citizens' Association? Mr. Odio: And of the Gates. Mayor Suarez: Retired Employees' Association. Mr. Odio: Yes, they have reached an agreement on how to distribute this. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING THE CITY OF MIAMI, AS AMENDED, BY ADDING A NEW SECTION TO SAID CODE TO BE KNOWN AS "SECTION 40-213.1, COST OF LIVING ALLOWANCE BENEFITS", RELATING TO THE CITY OF MIAMI FIREFIGHTERS; AND POLICE OFFICERS; RETIREMENT TRUST; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissin--,er Miller J. Dawkins Commissioner Rosario Kennedy Vise -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10196. 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. 33 January 8, 1987 NOTE FOR THE RECORD: Mr. Harry Goldhammer requested to be heard. This matter was scheduled for a future agenda. 17. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR "PRELIMINARY BOND EXPENSE" Mayor Suarez: Agenda item 29. Mr. Dawkins: I move that item 29 be continued unless the Manager can tell me what equipment... Mr. Carlos Garcia: Commissioner. Mr. Dawkins: Yes, sir. Mr. Garcia: This is not for the purchase of equipment. These are to reimburse... Mr. Dawkins: I, Mr. Garcia, I mean Carlos, I asked the Manager to provide me with a list of the sanitation equipment that was to be purchased with the $4,000,000. I asked that three months ago. Up to today, I have not received it. So, now, why should I vote for this, when I can't get the information that I want? Mr. Odio: Commissioner, if I have it to you by this afternoon, will you vote on this? I will have it for you this afternoon. Mr. Dawkins: All right, move item 29. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR THE PROJECT ENTITLED: "PRELIMINARY BOND EXPENSE" IN THE AMOUNT OF $397,200, CONSISTING OF $105,000 FROM GENERAL OBLIGATION BONDS- 1986 ISSUE AND $292,200 FROM SPECIAL OBLIGATION BONDS, SERIES 1986A; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote- 34 January 8, 1987 • f 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. 10197. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. DEFER CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE FOR "ORANGE BOWL ADDITIONAL PRESS BOX REPAIRS" AND "ORANGE BOWL STADIUM CHAIRBACKS" AND A PROPOSED RESOLUTION ACCEPTING BID FOR ORANGE BOWL PRESS BOX ADDITION. Mayor Suarez: Agenda item 30. Mr. Plummer: Moved it. Mayor Suarez: Moved. Improvements to the fourth floor of the Orange Bowl. Mr. Odio: I'm sorry, Mr. Mayor, 30 I want to withdraw and send in deferment to the Orange Bowl committee that was created by this Commission... Mr. Eads: 30 and 32. Mr. Odio:... so that they can properly decide whether we should spend these funds or not. Mayor Suarez: Does that mean that we should not consider 31 and 32? Mr. Odio: No, I would like to, take up 31, because we have had design work done in the amount of $47,000 or $50,000, and we need to pay that, and then... Mr. Plummer: All right, Mr. Mayor, I will move item 30 and 32 to be deferred to the committee which has been established by this Commission, and I so... Mr. Carollo: Can you rename the individuals from that committee? Mr. Plummer: Yes, sir, we are still waiting for yours. Mr. Odio: We need your appointment. Mr. Plummer: We have the principal of the school. Mr. Dawkins: Fred Morley. Mr. Plummer: We have Mr. James Armstrong. We will be adding Mr. Gene Ferry. We have Jose Garcia -Pedrosa, and one other. Mrs. Kennedy: And Jerry... Mr. Plummer: No, that is James Armstrong - Jerry Robinson, Robinson. Yes, now understand the way that was structured. Each member of this Commission was to name one member. They, in turn, would nominate one. The mandate of the Commission, to the committee was that they must have a representative of the Orange Bowl Committee, which is Mr. James Armstrong. So, it is in fact, a committee of twelve. Mrs. Kennedy: How about our appointees appointed? They are all members? Mr. Plummer: Not completely. 35 January 8, 1987 Mrs. Kennedy: OK. Mr. Plummer: Not completely. We have had two meetings and we will meet again in January. Mayor Suarez: Moved to defer for what is it, the next regular... Mr. Plummer: No, just defer it to the committee. Mayor Suarez: Just defer it and refer to committee, items 30 and 32. Mr. Plummer: Correct, sir. Mayor Suarez: We have a motion and a second? Mr. Dawkins: Second. Mayor Suarez: Call the roll on that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-30 A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM NUMBERS 30 AND 32 PROPOSED EMERGENCY ORDINANCE FOR THE ESTABLISHMENT OF TWO NEW CAPITAL IMPROVEMENT PROJECTS ("ORANGE BOWL ADDITIONAL PRESS BOX REPAIRS" AND "ORANGE BOWL STADIUM CHAIRBACKS") AND A PROPOSED RESOLUTION ACCEPTING A BID FOR ORANGE BOWL PRESS BOX ADDITION: IN ORDER THAT THE ADMINISTRATION MAY REVIEW SAID ISSUES AND REFER THEM TO THE APPROPRIATE COMMITTEE; FURTHER DIRECTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 19. EMERGENCY CONSTRUCTION OF THE ORANGE BOWL ADDITIONAL PRESS BOX FACILITIES PROJECT; AGREEMENT WITH KUNDE, SPRECHER, YASKIN AND ASSOCIATES FOR CONSTRUCTION OF SAME. Mr. Plummer: I now move to pay item 31 for work that has already been done. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on item 31. 36 January 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-31 A RESOLUTION RATIFYING BY A 4/5TH AFFIRMATIVE VOTE OF THE CITY COMMISSION THE ACTION OF THE CITY MANAGER IN HIS WRITTEN FINDING THAT A VALID EMERGENCY NEED EXISTS FOR THE CONSTRUCTION OF THE ORANGE BOWL STADIUM ADDITIONAL PRESS BOX FACILITIES PROJECT AND IN HIS EXECUTING THE ATTACHED AGREEMENT WITH KUNDE, SPRECHER, YASKIN AND ASSOCIATES, AN ENGINEERING AND ARCHITECTURAL CONSULTING FIRM, TO DEVELOP PLANS AND SPECIFICATIONS AND TO OVERSEE THE CONSTRUCTION OF THE PROPOSED ORANGE BOWL STADIUM ADDITIONAL PRESS BOX FACILITIES PROJECT, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $80,000 ALLOCATED FROM CAPITAL IMPROVEMENT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 20. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR VEHICLE MAINTENANCE EQUIPMENT Mayor Suarez: Agenda item 33. Mr. Odio: This is the purchase of equipment. We need to increase this account by $128,000 to purchase two gas pumps and two car wash systems and a gas analyzer for the General Services Administration Department. Mrs. Kennedy: Move it Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion on item 33? Call the roll. Mr. Plummer: Whoal Item 34 is the car wash for an additional $111,000. Mr. Odio: Yes, we are allocating the funds on 33, and then we buying the car wash in 34. 33 is the allocation of funds. Mr. Plummer: Oh, 34 is the buying? Mr. Odio: Yes. Mayor Suarez: 33 is an ordinance. I guess I am... Mr. Odio: Yes, sir, it is. Mayor Suarez: Read the ordinance. 37 January 8, 1987 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987 BY APPROPRIATING $128,316 FROM THE 1986 RETAINED EARNINGS OF THE GENERAL SERVICES ADMINISTRATION DEPARTMENT, MOTOR POOL MAINTENANCE DIVISION, INCREASING REVENUES IN A LIKE AMOUNT TO FUND EQUIPMENT PURCHASES RECOMMENDED BY THE ADMINISTRATION TO PROVIDE NECESSARY VEHICLE MAINTENANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10198. 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. 21. ACCEPT BID: CAR WASH EQUIPMENT AND SUPPLIES RYKO OF SOUTH FLORIDA FOR CAR WASH SYSTEMS. Mr. Plummer: Move the car wash. Mayor Suarez: Move item 34. Mrs. Kennedy: Second the car wash. Mayor Suarez: Seconded the car wash. Any discussion on 34? Call the roll on 34. 38 January 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-32 A RESOLUTION ACCEPTING THE BID OF CAR WASH EQUIPMENT AND SUPPLIES RYKO OF SOUTH FLORIDA, INC. FOR FURNISHING TWO (2) CAR WASH SYSTEMS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $111,736.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (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. 22. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF INCREASING APPROPRIATIONS FOR HEAVY EQUIPMENT MAINTENANCE DIVISION. Mayor Suarez: Item 35. Mr. Plummer: (Whistle!) Well, that is deferred. Mr. Odio: That is the purchase of the cars. No, we need to appropriate these funds, so that when you decide to go out and buy the cars, we have the money in place. Mr. Plummer: Well, why don't we do that at the time that we appropriate the money? Mr. Odio: By the way, these funds comes from the proceeds of the sale of the certificate of participation notes. The money is in the... Mr. Plummer: Then why allocate the money now? Leave it in the interest bearing account until such time as we are going to purchase. Mr.. Odio: You are going to purchase today. The item was deferred for this afternoon. Mr. Plummer: Yes, well, defer this item, because it is a companion to the one that Miller has asked for, more clarification. I don't want to pay for something if we are not going to buy it. Mrs. Kennedy: Are we going to buy the 387, all of them at the same time? Mr. Odio: 203, go ahead Go ahead, Mr. Ronald Williams: Yes, we of course, will not move.the money, and make any provisions to spend it until the vehicles are received, invoices are received, sometime later on. Mayor Suarez: We need some modification of our budget ordinance, is really what it is. 39 January 8, 1987 Mr. Plummer: Yes, but obvious from what we are being told, it is not going to be a sufficient amount of money, either. Mr. Odio: Yes, it is. Mr. Plummer: Not if you are going to go the way that Miller is talking about, it is $100 more on some cars, and $200 more on some other cars. This is not going to be sufficient money. Mr. Odio: But, even if it was $100 per car, 200 cars... Mayor Suarez: We will table it for discussion, together with the other item, presumably this afternoon. There is no need to get into this now. 23. FIRST READING ORDINANCE: INCREASE APPROPRIATIONS FOR APPRAISAL FEES FOR POSSIBLE ACQUISITION OF PROPERTY FOR LEASE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION. Mayor Suarez: Item 36. Mr. Odio: This is appropriating $50,000 to pay for the appraisals in connection with the City's possible acquisition of property for the development of the 250,000 square feet building for lease by the U.S. General Services Administration. I do want to warn you, Commissioners, and I did check into this, that if we go ahead with the lease, we will get this money back. Mrs. Kennedy: Let me ask you, Mr. Manager, could the City establish, like a revolving fund, so that when we get the $50,000 back, and we need $30,000, you don't have to come back to us. You know, we always have some funds there. Mr. Odio: You mean for appraisal? The appraisal... Mrs. Kennedy: If the City is going to be making more and more appraisals... Mr. Odio: When we go out for appraisals, Commissioners, and you are right, we always get the money back. It has to be paid for, whoever is leasing the property. In this case... Mr. Plummer: Give me your projected cost of what you feel the property will be - ballpark. Mr. Odio: The property that we are going to buy? Mr. Plummer: Yes. Mr. Odio: I have no idea, Commissioner. Mr. Plummer: Ballpark. Mr. Odio: I have no idea. However, whatever the amount... Mr. Plummer: OK, what is bothering me, OK?... we just did a $1,000,000 appraisal over on Beacom Boulevard, roughly a $1,000,000 appraisal, and that was $5,000. Are we talking about this property as possibly going to be appraised at $10,000,000?... because appraisals are based on a percentage. Mr. Odio: I have no idea what the land... Mr. Plummer: This $50,000 seems extremely high to me. Mr. Odio: There are two appraisers in here. Mr. Al Armada: Excuse me, Commissioner. Mr. Plummer: I don't think the City has ever had an appraisal done that cost us $50,000. 40 January 8, 1987 El C7 Mr. Odio: This is two appraisals for twelve lots. (INAUDIBLE BACKGROUND COMMENTS) $5,000,000. Mr. Odio: And the amount would be $26,300. Two more appraisals for eight additional lots have been requested. Mr. Plummer: OK, if the projected total cost is $5,000,000, this morning, based on less than $1,000,000, we paid $5,000 for an appraiser, why is this, when it is generally determined on a percentage, why is this one double that amount, if you use the same theory? Mr. Armada: Let me explain to you, sir, what is going on here. There are, in the entire block, approximately 16 parcels. Mr. Plummer: OK. Mr. Armada: We were first asked to appraise only eight of those, OK? We went out and solicited appraisals, and the two lowest bidders came in at about $12,000 and $13,000, one $12,000 and the other $13,000, for the first eight parcels, OK. The question of the ordinance, the fact that we are asking for $50,000 is the following: that subsequent to that first solicitation, we were asked to appraise, or have appraised, the next six parcels for a total of fourteen, OK? I am anticipating that we are going to spend another $20,000 on appraising the other six parcels, two appraisals, OK? Therefore, that is why I am asking at this point for $50,000 so that I can pay for these two that we have got here that we conducted this solicitation and we can also cover the payment of the other two that will be, you know, that we are in the process of soliciting now, but we haven't, you know, we don't know... Mr. Plummer: I am going to tell you that $50,000 for appraisals fees on a projected cost of $5,000,000 is out of line! Mr. Armada: But, you see, no, it actually is going to end up with four appraisals as you can see, because we are going to have two appraisals appraising eight sites and two appraisals... Mr. Plummer: Why didn't you get one appraiser to do all sites at one time? Mr. Armada: If we would have bided out the sixteen parcels at the same time, we would be looking at approximately $25,000 each. The problem is that we are now looking at appraising the sixteen parcels in the entire block, so that later on the Development Department can decide which of those parcels we should acquire. Mr. Juan Portuondo: Commissioner, the $50,000 is for two appraisers. We need... Mr. Plummer: $25,000. Mr. Portuondo: $25,000, but we need two appraisals, that it is two... Mr. Plummer: $50,000, in my estimation, to spend for a $5,000,000 project is too much moneyl Mr. Portuondo : It is two, because you need two. Getting back to your ratio, you need two appraisals. It will be $25,000 for $5,000,000 for one appraisal, which relates to $5,000 for $1,000,000, which we did before. Mr. Plummer: Yes, it is fine consolation we are going to get our money back out of the lease, but you know, the Federal dollars that are going to pay that lease, I also contribute to, as well as the taxpayers of this City, and I am just saying to you that I feel that $5.0,000 is high. Now, you take it from there. Mr. Armada: Sir, the two bids that you have before you for in fact, eight parcels, one at $13,500.... Mr. Plummer: Who are the appraisers? 41 January 8, 1987 Mr. Armade:.... the two appraisers that we got here, one gentlemen by the name of Moses Florence, and another gentlemen by the name of Garcia Menocal. Those two gentlemen are appraisers, of course, and they are the lowest bidders. We have, in this particular competition, as high as $20,000 for proposals for one individual. Mr. Plummer: What they are telling you is, they don't need the work, or they don't want it. Mr. Armada: We had a lot of offers there, proposals there, sir. Mr. Plummer: Go ahead. Mayor Suarez: I'll move it. Mr. Plummer: No. Mayor Suarez: Not move it. Do you want to do anything with the item yourself? I mean, I'll move it. Mr. John Gilchrist: Can I make one explanation of this? The Federal government is interested in the easterly portion, easterly, almost between a third and a half of that block, and that is the appraisals that we were getting at $12,000 to $13,000 each. Now, what happened is, there may be some difficulty in acquiring those properties, and I was asked to consider the other half of the block in essence, and that is why, you know, it is a whole new set of appraisals. I would like to proceed at least, on that parcel which the Federal government is interested in. Mr. Plummer: What happens if the Federal government doesn't make a deal with the City? Mr. John Gilchrist: Well, I currently got a proposed pre -lease agreement, which would give us comfort that they are going to do it, from them. Mr. Odio: The answer to your question is that we would lose this money. Mr. Plummer: Yes! Mr. Odio: That is the answer to the question, but we understand that they will not... Mayor Suarez: This is our investment plus the time that we have put into this, which, if we don't deal with them, we lose. Mr. Odio: We lose the money. Mr. Gilchrist: We lose it, yes. Mayor Suarez: Hopefully, that won't happen. Mr. Odio: But, I think it will happen, now we do have a pre -lease. Mr. Plummer: I think it is going to happen, Mr. Mayor. Mr. Odio: They need the building. Mr. Plummer: My objection is to that fee that we are paying for appraisals. Mr. Gilchrist: What I am asking sir, is could we proceed with the first half of it, which is a $26,000... Mr. Plummer: Are you talking about $25,000? Mr. Gilchrist: $25,000... Mr. Plummer: I have no problem. Well, I do have a problem, because I think if you are going to spend another $25,000, that is when I have a problem! Mr. Gilchrist: Well... 42 January 8, 1987 Mr. Plummer: Has this City ever considered putting appraisers on retainers with a specified guaranteed rate? Mr. Gilchrist: No, sir, we have not considered that. Mr. Plummer: Why not? The amount of money that we are paying appraisers every year is getting astronomical. Mr. Armada: You know, I will very honest with you sir. We conduct competitions on all of the appraisal assignments. Last year, we only spent $59,000, and the truth of the matter is, that I think, to be very frank with you, you know, I get rock bottom proposals when these guys come in. The people that are more interested in doing appraisals for us, do come in very low. If we have here before you today one for $12,800, and one for $13,500, and I can tell you that we had proposals of over $20,000, these guys are pretty low. Mayor Suarez: I'll move the item as to the $25,000 needed in connection with the G.S.A. building. Mr. Gilchrist: That will show good faith on our part to do that. Mayor Suarez: Question, do we... Mr. Plummer: Second on the motion? Seconded by Dawkins. Any further discussion? Call the roll. Wait a minute, this is an ordinance? Mayor Suarez: No, a resolution. Ms. Hirai: No, it is an emergency ordinance, I am sorry. Mr. Carollo: It is a four/fifth vote? Mr. Plummer: Four/fifths vote. Mr. Carollo: OK, they are requiring $25,000 down in good faith. Mr. Plummer: And then $25,000 possibly later. Mr. Dawkins: One of them is an A.I.A. appraisal and one of them is not, right? Mr. Armada: That is correct, sir. Mr. Carollo: What are the guarantees that we have right now Mr. Plummer: You have no guarantee at all, only a good faith proposal. Mr. Dawkins: And is the A.I.A. appraisal a minority? Mr. Plummer: And you know you always have to trust President Reagan. Mr. Armada: No, I am sorry... Yes, both are minorities. Mr. Gilchrist: Commissioner, we are going to be back before the Commission with the... Mr. Carollo: Reagan you can trust, Mr. Dawkins: Mr. Dawkins: Well then, the second $25,000 will come back here, won't it? Mr. Gilchrist: It has to come here if that happens. The exact amount of this one is $26,300. Mr. Plummer: You have a motion and a second. Read the ordinance. 43 January 8, 1987 THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. MOTION FAILED. EMERGENCY ORDINANCE INCREASING APPROPRIATIONS FOR APPRAISAL FEES FOR POSSIBLE PROPERTY ACQUISITION FAILED BY THE FOLLOWING VOTE: On First Roll Call: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice Mayor J. L. Plummer, Jr. ABSENT: None On Second Roll Call: AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Vice Mayor J. L. Plummer, Jr. ABSENT: None NOTE: THE CITY COMMISSION LATER PASSED THIS ORDINANCE ON FIRST READING AS SHOWN HEREINBELOW. Mr. Gilchrist: We didn't pass it. Mr. Plummer: So it passes on first reading. Mrs. Kennedy: No, you need four fifths vote. Mr. Plummer: No, no, no. It passes on first reading. Mr. Gilchrist: It didn't pass, he voted no. Mr. Dawkins: It has got come back as second reading. Mr. Carollo: On second reading did not pass. What I am seeing is if it doesn't go through, we are going to lose that money. Mr. Plummer: $50,000 down the drain! Mr. Plummer: OK, item 37. I am sorry, the Mayor is coming. Mayor Suarez: Item 37? Mr. Carollo: If they will take up the fee, we'll vote for it now. If they will pay for the fee, I'll vote for it now. Mayor Suarez: There is nothing to vote if they pay for the fee. Mr. Odio: They will pay for the fee... Mr. Gilchrist: Commissioner, if the project goes ahead, then we get the fee back. Mr. Plummer: What if it doesn't? Mr. Carollo: What if it doesn't go ahead? -will they give us a... Mr. Gilchrist: The Federal government can only pay a lease payment for it. They cannot pay any up front monies. Mayor Suarez: If there were going to agree to pay for the fee now, there is nothing for us to vote on, because then that money comes from them anyhow. 44 January 8, 1987 Mr. Odio: They cannot vote... Mr. Plummer: No, it is a contract. We still have to vote on the contract. Mr. Odio: The way the contract is with the government, and the way the... Mr. Gilchrist: Legislation. Mr. Odio:... legislation was passed, they can only pay for the lease, but the lease will cover all expenses. Mr. Carollo: (OFF MICROPHONE) ... 100,000,001 ways to pay for things they want when they want to pay for them... Mr. Odio: I don't know - these bureaucrats. Mr. Carollo (OFF MIKE): If you don't believe me, just read the newspapers. Don't tell me they can't pay $50,000 or $25,000 for that appraisal fee. Mr. Odio: I really don't... I don't think we should kill this project because of an appraisal, and they will not pay for it. I checked that with Mr. Bailey the other day, and they cannot pay for it. OK. Mr. Plummer: We take great consolation, Mr. Manager, in Washington telling us how good and well off we are, that the federal budget this year is not $220,000,000,000 in deficit, it's only $175,000,000,000 in deficit. I take little consolation in that, when three years ago they promised there would be no deficit. Mr. Carollo (OFF MIKE): Maybe you could send a copy of it to ; she might find a way to, you know, resolve the problem for us. Mayor Suarez: Item 37. This is a resolution related to Item 36. Mr. Odio: I don't think there's any need of passing 37. We don't have the funds to... Mayor Suarez: I thought we passed 36. Mr. Odio: No. Mayor Suarez: Didn't pass? Mr. Plummer: Thirty-six, no - it died. Mr. Odio: It died, because you need four -fifth votes. Mayor Suarez: You pulled Item 38. You're saying... Mr. Odio: Could I ask you something, Mr. Mayor? Mayor Suarez: Yes. Mr. Odio: Let's pass 36 on a regular first reading. Mayor Suarez: We've done that. Mr. Odio: So... Mr. Plummer: No. Mayor Suarez: Does that stand, Madame City Attorney? Mr. Plummer: It was on a second reading, and failed. Mr. Odio: No. It went for the emergency ordinance. Mayor Suarez: We've passed it on first reading. Does it stand, even though second reading was negative? Mr. Plummer: Well, that was my contention, and they said no, the item died. 45 January 8, 1987 Mayor Suarez: Oh, OK. Mr. Odio: Fourth -fifth votes to pass an emergency ordinance. I'd like to pass it on first reading. Mrs. Dougherty: You have to pass it again on first reading. Mr. Plummer: It passed on... look,... Mayor Suarez: I'll entertain a motion to pass it on first reading, if we didn't do that before. I don't know if we have the four votes out here. Mr. Plummer: All right, there's a motion to... there's a... Mayor Suarez: It doesn't have to be four votes, it... Mr. Odio: Excuse me, Mr. Vice -Mayor, it was passed as an emergency ordinance, therefore it failed. Now, if we read it again as a first reading,... Mayor Suarez: OK, we got you. We're just asking, if that's the way it is, you guys know. Mr. Plummer: The Mayor is making a motion to approve Item 36 on a first reading. Is there a second? Mr. Dawkins: Second. Mr. Plummer: Second. Is there any further discussion? Read the ordinance on first reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, AS AMENDED, BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN THE AMOUNT OF $26,300 FOR THE PURPOSE OF PAYING APPRAISAL FEES, IN CONNECTION WITH THE CITY'S POSSIBLE ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE UNITED STATES GENERAL SERVICES ADMINISTRATION, REVENUE IN THE LIKE AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE MANAGEMENT'S 1985-1986 RETAINED EARNINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Mayor Suarez and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Commissioner Joe Carollo Mayor Xavier L. Suarez NOES: Vice -Mayor J. L. Plummer, Jr. 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. Mayor Suarez: Passed on first reading. Mr. Plummer: Now, 37 is just the paying of that monies, right? Mayor Suarez: That's what it looks like. Do we need to wait till the second reading before we act on 37? 46 January 8, 1987 a 0 Mr. Carollo (OFF MIKE): Hold on. We're back in that same very... Mr. Plummer: Yeah, the Mayor made a motion to approve 36 on first reading. Mr. Carollo (OFF MIKE): I'm sorry I didn't understand that. - No, of course not, I voted like I voted before, now. Mr. Plummer: OK. It still passes, Joe, because it's now three to two. Mayor Suarez: OK, what do you want to do on 37? Doesn't it make... Mr. Carollo: The City Clerk is asking me to state my vote on the record. My vote is "no." Mr. Odio: You cannot award the appraisal until we have the monies allocated. Mayor Suarez: We may as well wait for the second reading, on 37. NOTE FOR THE RECORD: Agenda item 38 was withdrawn. 24. SECOND READING ORDINANCE: APPROPRIATE MONIES FROM SETTLEMENT OF DISPUTE WITH DADE COUNTY (WATER AND SEWER AUTHORITY) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. Mayor Suarez: Item 39. Mr. Odio: This is the same funds, second reading of the ordinance appropriating the $586,261.64 from the $1,586,000,000 that we got on the Metro -Dade Water and Sewer settlement. Mr. Plummer: I moved it before,... Mrs. Kennedy: Move it. Mr. Plummer: ... I'll move it again. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. AN ORDINANCE - AN ORDINANCE APPROPRIATING THE AMOUNT OF $586,261.64, MADE AVAILABLE AS A RESULT OF THE SETTLEMENT OF THE CITY'S DISPUTE WITH DADE COUNTY OVER THE COUNTY'S ASSUMPTION OF CONTROL OVER THE MIAMI-DADE WATER AND SEWER AUTHORITY AS A SPECIAL REVENUE FUND IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (CDBG) ACCOUNT ELEVENTH YEAR, WHICH AMOUNT IS ALSO BEING TRANSFERRED FROM SAID FUND TO THE CDBG ELEVENTH YEAR CONTINGENCY BUDGET FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, 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- 47 January 8, 1987 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10199. 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. ------------------------------------------------------------------------------ 25. SECOND READING ORDINANCE: NEW FUND "HISTORIC PRESERVATION: EDUCATION" AND APPROPRIATE FUNDS FOR SAME. Mr. Plummer: Item 40. Dawkins previously moved it, Kennedy seconded. Mr. Odio: It's a second reading. Mr. Dawkins: Move it. Mr. Plummer: It's on a second reading. Mrs. Kennedy: Second. Mr. Plummer: Historic Preservation. Mayor Suarez: Moved and seconded. Read the ordinance. Any discussion? Read the ordinance. AN ORDINANCE - _ AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION: EDUCATION," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $28,450, CONSISTING OF A $14,225 GRANT FROM THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND $14,225 FROM FISCAL YEAR 1986-87 GENERAL FUND AND COMMUNITY DEVELOPMENT BLOCK GRANT: CITYWIDE HISTORIC PRESERVATION AND PLANNING ADMINISTRATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner 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. 10200. 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. 48 January 8, 1987 ------------------------------------------------------------------------------ 26. SECOND READING ORDINANCE: ESTABLISH NEW FUND "HISTORIC PRESERVATION: BUENA VISTA" AND APPROPRIATE FUNDS FOR SAME. Mr. Dawkins: Move 41. Mrs. Kennedy: Second 41. Mayor Suarez: Forty -one's been moved and seconded. Any discussion? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: What is this money going to be used for? I see the wording; the wording says, "planning and preservation." What is actually, these dollars, where... who's going to be the recipient of these dollars? Mr. Rodriguez: We're getting... the City will get $5,500. Mr. Plummer: In other words, the City is going to do the planning and the preservation? Mr. Rodriguez: Right, and we put in -kind services to match that amount. Mr. Plummer: OK, all right, that's fine. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION: BUENA VISTA," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $11,000, CONSISTING OF A $5,500 GRANT FROM THE STATE OF FLORIDA: DEPARTMENT OF STATE; AND $5,500 FROM FISCAL YEAR 1986-87 COMMUNITY DEVELOPMENT BLOCK GRANT: CITYWIDE HISTORIC PRESERVATION AND PLANNING ADMINISTRATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner 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. 10201. 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. 49 January 8, 1987 a 110 ------------------------------------------------------------------------------ 27. SECOND READING ORDINANCE: ESTABLISH NEW FUND "HANDICAPPED DIVISION FUND RAISING PROGRAM"; APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Forty-two. Mr. Plummer: I moved it before, I move it again. Mr. Carollo: Second. Mayor Suarez: Forty-two's been moved and seconded. Any further discussion? Read the ordinance, second reading. Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "HANDICAPPED DIVISION FUND RAISING PROGRAM," APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $15,000 COMPOSED OF MONIES GENERATED THROUGH FUND RAISING EFFORTS OF THE CITY OF MIAMI'S HANDICAPPED DIVISION AND PRIVATE DONATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, 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. 10202. 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. 28. SECOND READING ORDINANCE: CHANGE NAME OF FUND "PRE-SCHOOL PROGRAM" TO "PRE-SCHOOL PROGRAM - CONSOLIDATED" AND APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Forty-three. Mr. Plummer: Mr. Mayor, on 43, I had asked for the administration to forward to us how close, or real numbers, as to this program being on a self- sustaining basis. I have not received any memos from the administration in reference to this, and I think, realistically, we'd better be looking, with the complete federal cuts next year, that there are not going to be monies available. Mr. Al Howard: OK. This is a preschool program. Mr. Odio: It's not the same project. Mr. Howard: This is self-sustaining. This is three preschool centers. All we're doing here is taking the money that was held in abeyance in '83 and '84, and putting it into a new account. But the preschool is completely self- sustaining. This has nothing to do with the day care. 50 January 8, 1987 Mr. Plummer: OK. Well, but when am I going to get the information on the day care? Mr. Howard: Monday. Mr. Plummer: OK. Dawkins moved it before, and I second it. Mayor Suarez: Moved and seconded. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10096, ADOPTED APRIL 10, 1986, BY CHANGING THE NAME OF THE SPECIAL REVENUE FUND ENTITLED: "PRE-SCHOOL PROGRAM" TO "PRE-SCHOOL PROGRAM - CONSOLIDATED" AND APPROPRIATING ADDITIONAL FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $58,233 COMPOSED OF PROGRAM PARTICIPATION FEES, DESIGNATED FOOD REIMBURSEMENT, AND CARRYOVER FUND BALANCE FROM THE FISCAL YEAR 1983-84 PRE-SCHOOL PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10203 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 29. SECOND READING ORDINANCE: APPROPRIATE FEDERAL URBAN DEVELOPMENT ACTION GRANT FUNDS (UDAG) TO CRUZ DEVELOPMENT COMPANY FOR CONSTRUCTION OF RENTAL HOUSING ON PARCEL 24 OF OVERTOWN/PARK WEST. Mayor Suarez: Item 44. Mr. Plummer: Item 44. How much was the bond... how much was the grant? Mayor Suarez: Five point... Mr. Herb Bailey: Five point six million, I think, for Cruz. Mr. Plummer: And how much for this particular project? Mr. Bailey: This particular project, total financing? Mr. Plummer: How much of that grant is going for... Mayor Suarez: No, the total grant was ten point... Mr. Bailey: Oh, the total grant. Well, there are only two.... Mayor Suarez: .... the two of them really. 51 January 8, 1987 Mr. Bailey.... developers in the grant, and both of those are on Item 44 and 45. It's $10.2 million for the total grant, divided between two developers. Mr. Plummer: And this grant goes to... this $5.6 goes to this particular... Mr. Bailey: This particular developer, and the other four goes to the other developer, on Item 45. They are companion items. Mr. Dawkins: Does the time limit that this Commission set, for them to have broken ground, still hold here? Mr. Bailey: It still holds. We still have twelve months from the date of the contract signing, and this... Mr. Dawkins: When is the contract going to be signed? Mr. Bailey: We have signed contracts with Can -American and Cruz. Mr. Dawkins: Beg your pardon? Mr. Bailey: We did it in December. Mr. Dawkins: December. Mr. Bailey: Yes. Mr. Dawkins: So, they have twelve months from December. Mr. Bailey: Twelve months from the date of the contract signed to assemble all the financing. Mr. Dawkins: What about Cruz? Mr. Bailey: Same. This is part of the total financial package that they're putting together. Mr. Plummer: You moved it before. Mayor Suarez: Yeah, I'll entertain a motion on second reading. Did we have a motion already? Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Read the ordinance. Call the roll on Item 44. AN ORDINANCE - AN ORDINANCE APPROPRIATLNG FEDERAL URBAN DEVELOPMENT ACTION GRANT FUNDS (UDAG) FOR USE AS A SUBORDINATE LOAN TO CRUZ DEVELOPMENT COMPANY AS PARTIAL FINANCING FOR THE CONSTRUCTION OF A 415-UNIT RENTAL HOUSING APARTMENT COMPLEX ON PARCEL 24 OF THE PHASE I REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. Passed on its' first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 52 January 8, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10204. 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. Comment made during roll call: Mr. Dawkins: I'm voting "yes," but I'm going to tell Mr. Bailey and everybody else: it's time to break ground and produce some units. Now, we have two individuals coming up here this afternoon, and the one who can assure me that they're going to get me some units the quickest, that's who I'm going with. Mayor Suarez: The first groundbreaking, hopefully,... Mr. Plummer: Within twelve months. Mayor Suarez: ...Overtown/Park West should be April - Can -American? Mr. Bailey: We're hoping. Mayor Suarez: OK. Mr. Bailey: We... we... Mayor Suarez: That's the next item anyhow, so we'll... Mr. Bailey: Yeah, this is dependent upon... we got the private banks, now, that we're really having a hassle with. This will help it a little better. Mayor Suarez: Which one - 45, we're doing better on? Mr. Bailey: Yeah, we... Mayor Suarez: Can -American? Mr. Bailey: Can -American. We had an unfavorable response from Citicorp out of New York. We were looking at Chase and a few other banks now. So, this will help, because it will indicate, that there is another part of the subordination, which the loan -to -value ratio is better for the banks to _ accept. 30. SECOND READING ORDINANCE: APPROPRIATE FEDERAL URBAN DEVELOPMENT ACTION GRANT FUNDS (UDAG) TO CAN-AMERICAN REALTY FOR CONSTRUCTION OF RENTAL HOUSING ON PARCEL 37 OF OVERTOWN/PARK WEST. Mr. Plummer: I move 45. Mayor Suarez: Moved on second reading. Mr. Dawkins: Second. Mayor Suarez: Seconded on second reading. Any discussion? Read the ordinance. 53 January 8, 1987 AN ORDINANCE ENTITLED - AN ORDINANCE APPROPRIATING FEDERAL URBAN DEVELOPMENT ACTION GRANT FUNDS (UDAG) FOR USE AS A SUBORDINATE LOAN TO CAN-AMERICAN REALTY CORPORATION AS PARTIAL FINANCING FOR THE CONSTRUCTION OF A 350-UNIT RENTAL HOUSING APARTMENT COMPLEX ON PARCEL 37 OF THE PHASE I REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10205 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. Mayor Suarez: Herb, I presume it helps that we have now passed on second reading both of these, and hopefully, you know, a clear signal, or a clearer signal, is being sent to the banks and to the developers, that we really want to proceed with this. Mr. Bailey: The City has done everything that it has promised. I don't think there's anything else we can do. Mr. Plummer: The only other conversation we want to hear from you is the invitation to the groundbreaking. Mayor Suarez: Right. Right. And shovels. 31. SECOND READING ORDINANCE: ESTABLISH FUNDING PROGRAM FOR 8 COMMUNITY CULTURAL EVENTS (FESTIVALS). Mr. Plummer: I move 46. Mayor Suarez: Forty-six, moved. Mr. Dawkins: Second. Mayor Suarez: Seconded, on second reading. Mr. Plummer: Read 46. Mayor Suarez: Read the ordinance, please. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Mr. Dawkins: Question,... discuopion, please. Mayor Suarez: Yes, Commissioner. 54 January 8, 1987 Im Mr. Dawkins: Commissioner Plummer. Mr. Plummer: Yes, sir. Mr. Dawkins: You said that this would be... I mean, we agreed that this would be a continual $200,000? Mr. Plummer: Yeah, continuing for five years, that each year it decreases by 20 percent, and a new festival would be added. Mr. Dawkins: Or you could re -fund another one of these, if you chose. Mr. Carollo (OFF MIKE): Yeah, you... Mr. Plummer: Either way. Mr. Carollo: The original concept that I came up with, Miller, when I brought this before the Commission, was that we would approve these... Mr. Dawkins: Two hundred thousand and out. Mr. Carollo: Two hundred thousand dollars... Mr. Dawkins: And out. Mr. Carollo: ... for the groups that we chose, and the full amount would be lowered 20 percent the additional years - 20 percent each year. We could either approve these again next year, or bring new ones. Mr. Plummer: No, they were automatic, Joe, weren't they? Mr. Dawkins: Well, these are automatically approved. You see,... Mr. Carollo: Yeah. Mr. Plummer: For five years, at 20 percent less per year. Mayor Suarez: Yeah, with reducing... Mr. Dawkins: But at the end of the five years, we got $200,000 Mayor Suarez: Yeah, each year we have a little... Mr. Dawkins: ... isn't that what you're saying, Joe? Mayor Suarez: Each year we have a little bit... Mr. Dawkins: That's what you're saying, right? Mr. Carollo: Each year that amount's going to be 20 percent less. Mayor Suarez: We have more money to parcel out to other groups. Mr. Plummer: But the $200,000 remains constant. Mayor Suarez: Well, no, the five groups, or the six entities, whatever, remain constant, but they're going down each year, so we have a little more money to parcel out each year. Mr. Plummer: But that's what I was understanding, is... Mayor Suarez: Yeah. Mr. Plummer: ... that every year we would be adding a new one because of the 20 percent reduction of the others. Mayor Suarez: We have $40,000 each year. Mr. Plummer: Yeah. Mayor Suarez: Addition. 55 January 8, 1987 Mr. Dawkins (OFF MIKE): So, if I wanted to give Bethune-Cookman... I'm just saying Bethune-Cookman, but they never got the $40,000, if we wanted to bring that up to $40,000. Mr. Plummer: Reallocate it? Sure. Mr. Carollo: Sure. Mayor Suarez: Call the roll on the second reading of the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A FIVE-YEAR FUNDING PROGRAM USING $200,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR THE PURPOSE OF FUNDING EIGHT (8) COMMUNITY CULTURAL EVENTS; FURTHER PROVIDING THAT, USING THE FIRST YEAR'S FUNDING AMOUNTS AS A BASE, FUNDING FOR EACH EVENT FOR EACH SUCCEEDING YEAR SHALL BE DECREASED BY AT LEAST 20 PERCENT FROM THE BASE YEAR'S ALLOCATION FOR A MAXIMUM FUNDING PERIOD OF FIVE YEARS; FURTHER CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 11, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10206 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: Agenda item 47 was deferred to the afternoon session of the meeting. 32. FIRST READING ORDINANCE: PROVIDE FOR RECOVERY OF COLLECTION COSTS OF FORECLOSURE/DEMOLITION/LIENS. Mayor Suarez: Item 48. Mr. Odio: This is a City Code amendment, to provide for recovery of collection costs, including attorneys' fees, incurred in foreclosures or collection of demolition work indebtedness and/or liens. Mr. Plummer: So moved. Mr. Dawkins: Second. Mayor Suarez: Moved, seconded. Any discussion? Mr. Plummer: By the way,... 56 January 8, 1987 • Mayor Suarez: Some discussion. Mr. Plummer: ... where are we on that? Mr. Manager, let me tell you something. I went the other night - let me give you an address: 1934 Southwest 9th Street. I want to tell you that that place is an absolute devastation to that neighborhood. They've got derelicts living in there, and it's just absolutely... there's nothing, I'm sure; there's nothing they can do but demolish it. Mr. Pierce: We'll have somebody out there this afternoon. Mr. Plummer: It is just breeding a bad situation. This... we need to move on this thing immediately. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 26-12 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TO PROVIDE FOR THE CITY'S RECOVERY OF ITS COLLECTION COSTS INCURRED IN THE FORECLOSURE OR COLLECTION OF DEMOLITION WORK INDEBTEDNESS AND/OR LIENS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 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. 33. ALLOCATE $75,000 TO MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED (HOT MEALS PROGRAM). Mayor Suarez: Item 49. Mr. Dawkins: Did you have any backup material on 49 in your packet? Mr. Odio: This was left pending that day the Jewish... Miami Jewish Home and Hospital for the Aged would be here, and make a presentation to the Commission, to show what services they provide to City of Miami citizens. Mayor Suarez: This was left over from the $150,000... Mr. Odio: Yes. Mayor Suarez: ... which was additionally identified in CD funds? Mr. Odio: At the request of Commissioner Dawkins, he asked that they would come here and... Mr. Dawkins: No, it wasn't so much for them to come; it's for you to tell me where I was going to get money for the rest of the City from. That was my problem. Mayor Suarez: Why did you shake your head when I said "Community Development funds"? 57 January 8, 1987 Mr. Frank Castaneda: No, no, this is not Community Development money. This is money that was approved by resolution during the budget sessions that were occurring at the Hyatt, that $150,000 was reduced from the Parks Department, to be allocated for food programs, and I believe there was a resolution proposed. Mayor Suarez: As a supplement to the CD grants, I see. Mr. Castaneda: That's correct. Mayor Suarez: OK. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-33 A RESOLUTION ALLOCATING 475,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENT FUND TO THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. - DOUGLAS GARDENS SENIOR ADULT DAY CARE CENTER AT LEGION PARK WHICH OPERATES A HOT MEALS PROGRAM AND ADULT DAY CARE CENTER FOR THE ELDERLY; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCY IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 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. Comment made during roll call: Mr. Dawkins: Carrie Meek said "yes"; I'll vote "yes." Mr. Plummer: If Carrie Meek says "yes," I say "yes." Mayor Suarez: Commissioner Dawkins said "yes," I vote "yes." 58 January 8, 1987 ----------------------------------------------- ----------------------------- 34. EXECUTION OF AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, PROVIDING ADDITIONAL $500,000 FOR REVOLVING LOANS. Mayor Suarez: Item 50. Mr. Plummer: Mr. Del Cerro, Item 50. Mr. Dawkins: Why is it... I mean, I have no problems with the $500,000 that we agreed on, but why are you giving $120,000 now? Mr. Castaneda: Let me explain that. And we're not giving $120,000 now. I assume that you have the supplement that was submitted. (INAUDIBLE BACKGROUND COMMENT) No. No, no, that's why there's a supplement that was submitted by... Mr. Dawkins: What supplement? Mr. Castaneda: ... by the City Attorney. Mr. Plummer: For the record, when did we get that supplement? Mr. Robert F. Clark: Commissioner Dawkins, our office... Mr. Plummer: For the record, when did we get that supplement? Mr. Clark: There was no supplement distributed. Mr. Plummer: Sir, you're wrong. Mr. Clark: The .. Mr. Plummer: For the record, Mr. Clark, when did we get that supplement? Mayor Suarez: Wait, wait, wait. Let's get a clarification on what we're talking about, now. Let the man answer. Mr. Plummer: It's your supplement. When did we, the Commission, receive it? Mr. Clark: Mr. Plummer, I handed you this morning... Mr. Plummer: Exactly! For the record... Mr. Clark: ... a modified resolution. Now, if you want to adopt the one that's in the record, and you can understand it, I have no problem. You just adopt the one that's been distributed. Mr. Dawkins: You're not going to adopt neither one of them. I move that it be deferred. Mr. Plummer: For the record. Mrs. Kennedy: I do not Mr. Clark: Now, Commissioner Dawkins, for your information, the $120,000 was the annual amount that was approved by you. They had received $30,000 several months ago, to cover an interim three-month funding. Mayor Suarez: Right. Mr. Dawkins: Um-hmm. Mr. Clark: In addition, there was an amount of $17,167 that you had them charge them, for their audit charge. Now, the only amount that they're going to get is the balance of the... of that sum. Mr. Dawkins: Fine, but that's not what this says. 59 January 8, 1987 Mr. Clark: Well, that's why you received an explanation in the material that I handed you this morning. Mr. Dawkins: See, but see now, they think that I'm a bad fellow, and they think I'm picking on them, but it's the administration's the one that didn't give us the information. Mr. Plummer: Well, for the record, and that's what I was trying to establish, this packet of approximately 30 pages, was handed to us this morning, at the start of this Commission meeting, where we had no chance to go through it, and now we're being asked to vote on it. I'm all in favor of what Miami Capital is doing, and the monies to go to them, but I think it's very unfair to put this Commission with a document, who later can come back where the Miami Herald says, "Why didn't you read that document?", and we hadn't read it. That's all I was trying to do, was establish that this thing was handed to us this morning. Mr. Castaneda: Commissioner, for clarification purposes, the memo - we stand by the memo that was submitted to the Commission. The problem has been in the clarification of the resolution, because it is a complicated event that is occurring, in that originally the Commission allocated $120,000 as part of the Community Development Block Grant Program, for this particular activity. Later on, when this issue was brought up to the City Commission in July, what the Commission did was to allocate only $30,000 for the administrative budget, to cover three months. Later on, the Commission allocated... I'm sorry, requested that an audit be done, and that payment be made out of $17,000 out of that, so the total amount is $120,000, but 30 and 17 had already been given out, and the discussion with the Law Department is the same that confused the issue. Mr. Plummer: I move Item 50. Mrs. Kennedy: I second Item 50. I think, Frank, everything has been squared away. We should proceed,... Mr. Plummer: Many times over. Mrs. Kennedy: ... and the only people hurting are those businesses in the community, and I'm all for that. I second. Mayor Suarez: Moved and seconded. Any further discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-34 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE TERMS OF AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) WHICH EXTENDED AGREEMENT PROVIDES $500,000 IN FUNDS FOR THE AGENCY'S EXISTING REVOLVING LOAN FUND (RLF) PROGRAM AND FURTHER PROVIDES FOR AN ADDITIONAL $90,000 FOR THE ADMINISTRATIVE OPERATIONS OF MCDI FOR THE PERIOD OF JULY 1, 1986 TO JUNE 30, 1987 FROM WHICH SUM THE AMOUNT OF $17,167 IS ACKNOWLEDGED AS ALREADY HAVING BEEN DISBURSED WITH ALL OF THE MONIES PROVIDED HEREIN BEING ALLOCATED FROM THE TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 60 January 8, 1987 U • AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: At this point in the proceedings, Mayor Suarez recognized Judge Frederick Mignon, from the Connecticut Superior Court, who was present in the Commission chambers. 35. EXECUTE SERVICES AGREEMENT WITH FLORIDA MEMORIAL COLLEGE TO PROVIDE HUMAN RELATIONS TRAINING FOR DEPARTMENT OF POLICE. Mayor Suarez: Commissioner? Mr. Dawkins: Mr. Mayor, we have a request from the Chief of Police that we approve this resolution, and I'd like to ask that we approve this as an emergency, in that Florida Memorial College has been working since October 1, providing seminars in human relation training for our Police Department, and they have not been paid since September, so I'll move it; if I could get a second, I'll have the Attorney to read it. Mrs. Kennedy: How much is that, Commissioner Dawkins? Mr. Dawkins: And it's... the money comes from the Law Enforcement Training Trust Fund. Mr. Plummer: And it's for services already performed? Mr. Dawkins: Already - um-hmm,... Mr. Plummer: I second it. Mrs. Kennedy: I second. Mr. Dawkins: ... and renew the contract. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Dawkins: But also, it has to be sent to the Attorney and the City Manager for their approval. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-35 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA MEMORIAL COLLEGE TO PROVIDE HUMAN RELATIONS TRAINING FOR THE CITY OF MIAMI POLICE DEPARTMENT, FOR THE PERIOD OF OCTOBER 1, 1986 TO SEPTEMBER 30, 1987, WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED $138,000.00 FROM THE LAW ENFORCEMENT TRAINING TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 61 January 8, 1987 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Comment made during roll call: Mayor Suarez: Yes, subject, I presume, to the City Manager and the City Attorney reviewing it as to form. 36. RESCIND MOTION 86-1024, WHICH RELATED TO EVALUATION PROCESS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. ----------------------------- ------------------------------------------------ Mayor Suarez: Item 51. Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-36 A RESOLUTION RESCINDING MOTION NO. 86-1024, ADOPTED BY THE CITY COMMISSION ON DECEMBER 11, 1986, WHICH RELATED TO AN EVALUATION PROCESS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. (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. 62 January 8, 1987 i 1 L ------------------------------------------------------------------------------ 37. DISCUSSION AND TEMPORARY DEFERRAL OF SELECTION OF DEVELOPER FOR AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (ALSO SEE LABELS 039, #50, AND #53) ------------------------------------------------------------------------------ Mayor Suarez: Item 52. I guess this is the one where we decide the actual entities, presumably. Mr. Jerry Gereaux: Yes, Mayor, members of the Commission, I appeared before you in late September, requesting that the Melrose Nursery site be redesignated for affordable townhome development. You will recall that, prior to that time, it was designated for rental housing development. At that time, you heard a preliminary proposal from the local Plumbers' Pension Trust Fund, that was introduced from the floor, whereby that organization proposed to build 160 townhomes affordable to low and moderate income families. One of the Commissioners told the Plumbers' people to return to the Commission at a later date with a proposal that included reimbursement to the City for its initial land cost. At the last meeting, you heard from Richard Sox, the financial adviser to the Plumbers' Local, and you also heard from another group, that made a counterproposal to develop townhomes on the site, and both groups are here today, at your request, to give you what the progress they have made, in the development of their proposals, is. You also have before you a resolution requesting that you designate one group that the staff can start working with, to put together the final package for the administration's consideration, no later than 90 days from the date of this action. Mr. Plummer: Let me ask a question first. Jerry, I, off the record, had some conversations with the Planning Department. Of the proposals that were submitted, what we do here today does not lock in that particular setup. Mr. Gereaux: The group that you select today will have 90 days to fulfill all of the requirements, including zoning requirements, design requirements, final financing requirements, and the whole deal. Mr. Plummer: OK. The point that I'm making, now, and I want to make it clear, that there was some questions raised on the proposals - I won't say which one - that the design was not a good design, and the Planning Department would not recommend it. Mr. Dawkins: What... Mr. Plummer: What we do here today. Mr. Dawkins: Wait a minute, Commissioner Plummer, can I find out who in the Planning Department you talked to, because I'd like to talk to them too, off the record. Mr. Plummer: OK, I'll be glad to tell you, off the record, who they are, OK? Look, I'm not saying anything other than, I want to make sure that whatever action we take here today, and designate whatever group that we do, that it doesn't afford the flexibility of some changes in design, that makes it appealing to the Planning Department, as well as to this Commission. Mr. Gereaux: Yes. Mr. Plummer: OK, I just... Mr. Gereaux: Not only the Planning Department, but to the ultimate purchasers of the units. Mr. Plummer: OK, well, all right, fine. I just want to make sure of that. Mayor Suarez: I have no particular preference, and I presume you don't, on who goes first. In a sense... Mr. Richard Sox: We went first last time, so we'll defer to them this time. Mayor Suarez: OK. Would you like to first, Armando? 63 January 8, 1987 Mr. Armando Cazo: Sure, thank you. Mr. Mayor, members of the Commission,... Mayor Suarez: And the people behind you, I presume, are in support, but not all of them wish to be heard, I hope. Mr. Cazo: No. Absolutely correct. Mayor Suarez: If you are a lobbyist, being paid for your appearance here, you're supposed to register with the City. I just want to tell you that. And if you haven't done that, then you should not be the one making the presentation. If you're being compensated for your appearance today. Mr. Cazo: Yes, I was, I'm compensated. My name is Armando Cazo. I'm an architect. I'm also representing Allapattah Business Development Authority. Our attorney could... Mr. Plummer: Are you being paid for it? Mrs. Kennedy: Are you being compensated? Mr. Cazo: Not compensated for being here. Mr. Plummer: No, are you compensated for being the architect? Mr. Cazo: Yes. Mr. Plummer: Then you've got to register, sir. Mr. Cazo: OK. Mr. Plummer: It's for your safety. Mayor Suarez: Yeah, you may have to register, Armando. Mr. Cazo: Absolutely. I didn't know, but I will register. OK, sure, I will. Mayor Suarez: You can do that very quickly, and we can hear from them, if you'd like. Mr. Cazo: Sure. Mayor Suarez: Proceed. Mr. Plummer: Get the form. Mrs. Kennedy: In other words, you have to register before you make your presentation. Mr. Cazo: Oh, OK. Mayor Suarez: Yeah, it's helpful to comply with the law before you... 38. BRIEF DISCUSSION TO SCHEDULE PROPOSED FINANCIAL DISCLOSURE ORDINANCE NO LATER THAN JANUARY 22, 1987. Mr. Plummer: Can I ask a question, real quick, of the administration on another subject? Why is the financial disclosure ordinance not on this agenda? (INAUDIBLE BACKGROUND COMMENT ABOUT "deferred") Yeah, it was deferred to this agenda, and I'm wondering why it isn't on here. (INAUDIBLE BACKGROUND COMMENT) No, it was not "deferred, period." Mr. Carollo was the one that asked that it be... Mayor Suarez: It was not our intent to defer it generally, I don't think. Maybe we didn't... Mr. Carollo: Well, we could take it up, if you all like. I have no problems. a 64 January 8, 1987 b i 17A Mr. Plummer: No, no, excuse me. It was my understanding, when it was deferred by Commissioner Carollo, that it was for the next meeting, and it's... I don't find it on the agenda. Is it going to be on the next agenda? (INAUDIBLE BACKGROUND COMMENT) Oh, I'm sorry - Commissioner Carollo, how did you understand it? It was your asking for the deferment. Mr. Carollo: I don't remember. Mr. Plummer: Is it agreeable with you it go on the next agenda? Mr. Carollo: We could take it up today; that's agreeable with me. Mr. Plummer: Well, let's put it on the next agenda, OK? Please. Mr. Carollo: Yeah, I think the Mayor's had ample time to reconsider, if he wants to show how much he made in 185. Mr. Robert Clark (OFF MIKE): Want the P and Z ? Mr. Plummer: OK. No, I want it on the P and Z. Mayor Suarez: Do you want to make that into a form of a motion, so that we can be sure that it's going to be... Mr. Plummer: Yeah, I'll make a motion that that financial disclosure ordinance be on the next agenda, which is the January twenty... Mr. Carollo: But why don't we take it up today, J.L.? Mr. Plummer: It's not on the agenda, Joe; you can't... Mr. Carollo: We could bring it up. Nobody would bring the five-day rule. Mr. Plummer: All right, then I will say that it be... make a motion that it not be any later than the 22nd; doesn't preclude it can be brought up today. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? We're just putting a deadline on it, I guess. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-37 A MOTION OF THE CITY COMMISSION STIPULATING THAT THE PROPOSED SECOND READING ORDINANCE ON FINANCIAL DISCLOSURE SHOULD APPEAR ON THE AGENDA NO LATER THAN JANUARY 22, 1987, NOT PRECLUDING BY THIS ACTION THE POSSIBILITY OF THE COMMISSION DISCUSSING SAID ITEM ON THIS DATE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I guess what you're saying is, if we don't hear it today, we will have it scheduled. Mr. Plummer: Then we definitely will hear it on the 22nd. 65 January 8, 1987 Mayor Suarez: OK. ------------------------------------------------------------------------------ 39. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF SELECTION OF DEVELOPER FOR AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (ALSO SEE LABELS #37, #50. AND #53) Mayor Suarez: Proceed on Item 52. Mr. Richard Sox: Well, we'll be happy to defer. I would like for these folks to go first, since we were first the last time, and give them the opportunity to give the presentation. Mayor Suarez: Oh, I thought you were deferring to them. Mr. Sox: I am deferring to them. I want them to go first. Mayor Suarez: But they have a little technicality to take care of. Now you want to go second. Mr. Sox: I'd like for them to get their technicalities squared away. Mayor Suarez: OK, all right. Armando, you ready? Mr. Armando Cazo: Almost. Mayor Suarez: Why don't you go ahead and proceed? We're not going to wait for anybody to... because you want to be second, or anything like that. You'll have a chance to rebut, if that's what you're concerned about. Mr. Sox: Right. At the last meeting, we went over the plans, the basic plans and specifications, for the units. Ms. Hirai: Your name and address, for the record, please. Mr. Sox: Yes, my name is Richard Sox. My address is 224 Palermo Avenue. At the last meeting, there was questions concerning the financing arrangements that had been made regarding the proposed project. We have proposed 160 units, low density projects, which I have the drawings. Mr. Dawkins: Talk into the mike, please. Talk into the mike; we can't hear you. Mr. Sox: I'm sorry. At the last meeting, we went over our proposed plans, with 160 units, a low density development, that would be proposed for this project. The questions that arose at the lapt meeting were the type of financing arrangements that had been made available at that time. What I would like to do, at this point, is to make the Commission aware... Mr. Plummer: Since you're into your presentation, there was one other important item, that I hope you will address in your presentation, and that was: what will the City get back? We know that we spent $2.4 million for the land, and my concern, and I think it's very important, that if we want a continuation of these kind of programs, that the City is going to have to get back some money, maybe not 100 percent, but money so that we can continue these programs, to buy more property in the future, for more housing. I don't think, in any way, that it has ever been the intent of this Commission that these properties would be bought, and just free of charge given away. So, I want you to address in your presentation - both of you - I want you to present, what is your allocation of dollars back to this City, so that this City will have the right to acquire further properties in the future, to continue this program, and I want that in both of your presentations, please. Mayor Suarez: And you had both presented, the last time around, both groups had presented a sliding scale format for determining that, and it would be useful if you would give your recommendation on it. I think, Ralph, the last time around, recommended 50 percent, as I asked you. But, whichever, we'd like to hear what you think is a doable way of making these units still affordable, depending on how much you have to return to the City. 66 January 8, 1987 Mr. Sox: OK. At the last meeting, again, when we made our presentation, we had recommended a low density development, of approximately 160 units, and the vast majority of these units were going to be two bedroom, one and a half bath, units. The financing was the major question, in addition to the land reimbursement cost, as Commissioner Plummer has pointed out. It was brought up at the last Commission. The Plumbers' Local and the other trade groups - and I'd like to mention, for the Commission's benefit, that we have eleven trade groups in this area; we have about 3,000 members. Of that, about 30 percent live in the immediate area. We have available to us, through our own pension funds, Mayor Suarez: When you say that, do you mean the immediate area of the project, or, like, the City of Miami as a whole? Mr. Sox: No, the immediate area of the project. We have a number of our members that live in the area, plus we have, for example, the Carpenters' Union, is directly across the street from the project. It has been there since 1902. Mayor Suarez: Well, that's the office, not the residents. Mr. Sox: Right. We have available, from... and I'm only going to give you three trades, even though we have other trades that have - we met last Monday, again - have indicated an interest, that they would like to share in this, because there's an obvious benefit to them. Between the three trades that we have in the Pension Fund, we have approximately $90,000,000 available to us, which is certainly more than sufficient to fund this project. We will arrange that financing based on our final meetings with the trades, and their indicated share that they would like to get involved with. Can we do it individually? The Plumbers' Local has, in its own fund, $20,000,000. Mayor Suarez: That money is available, like... Mr. Sox: That money is in CD's... Mayor Suarez: ... to be called in, in the form of a commitment, as if we had a letter of commitment from a bank already? Mr. Sox: Absolutely, yes. We have, on our end -loan commitments, which I'll address... Mayor Suarez: No, that's not what I'm talking about. I'm talking about your money, the union's money: as if you had a letter of commitment from a bank? Mr. Sox: Yes. Mayor Suarez: I mean, that's how advanced you are in the process of having that money available? Mr. Sox: That's correct. In addition to that, through the Carpenters, we have another $60,000,000 that's in their fund. But just from our own fund alone, we have more than excess dollars to build a project. Mayor Suarez: Does that cover construction? Mr. Sox: Covers everything. Mayor Suarez: Is it enough to cover construction, is what I mean. Mr. Sox: More than enough. The construction cost is set... Mayor Suarez: And then you're going to tell us about permanent financing too, or...? Mr. Sox: Yes. The construction cost on our project is estimated to be about seven and a half million dollars, and we've got $20,000,000 available to us, just from one fund, so there's obviously ample dollars available to cover it. As far as the end -loan commitments go for the units, we have met with five banks... Mayor Suarez: End -loans commitment. 67 January 8, 1987 Mr. Sox: End -loan commitments. Mayor Suarez: You're talking about permanent financing assume... Mr. Sox: Permanent loan financing for the end buyer. Mayor Suarez: because these will be home ownership -type units. OK. Mr. Sox: Correct. Mayor Suarez: You use different terms, then everybody's going to get all confused here. Mr. Sox: OK, I'll be glad to explain anything, so that we make sure no one is confused. We have end -loan commitments committed to us, of approximately $6,000,000, of which Barnett Bank is the leading agent on that group. There are five banks involved. Each of the banks have committed $1.2 million for end loans. That money will be available at the time we qualify the end buyers. I'd like to point out, also, that I don't know if it's something that got started outside of a bad rumor, or what -have -you, but I want to make sure that everyone understands, that our nonprofit corporation, the Melrose Townhome Development Corporation, is locally based in the area. We're on 17th Avenue at 24th Street, so it's not as if you've got a nonprofit corporation coming from outside the State. I think some people were under the impression that there were people from this nonprofit group, coming from outside of the community, and I want to clarify that. Mayor Suarez: Are the members typically union members - is that who they are, the members of the corporation? Mr. Sox: There will be union and nonunion members in the corporation, that's correct. So, we have, in place, our construction financing, and we do have our end -loan financing. The timing on our project, from a standpoint of coming out of the ground - once we have our permits, after meeting with the Planning Commission, and seeking their approvals, we would anticipate having our project finished within nine months. As far as the land reimbursement costs go, that Commissioner Plummer has mentioned again, which we think are an important item, and we think certainly the Commissioners have to give their input to it - you paid approximately $2.4 million for the land. Mayor Suarez: We'll do more than that. We'll make the determination. Mr. Sox: I'm sure you will. Mayor Suarez: We just won't give you input. Mr. Sox: We, because of the desire to move low to moderate income people into this home ownership position, we would recommend that you do not try to recoup the full $2.4 million. I would recommend... I recommend we'd like to see approximately two-thirds - 66 and 2/3rds, which would give you $1,584,000 back. Mr. Plummer: You're not far off. Seventy-five percent is not that bad. Mr. Sox: Yeah. We have done our cost figures up, with the land cost... Mr. Plummer: You're close. Mr. Sox: ... and without the land cost. Mr. Plummer: And you will get closer. Mr. Sox: I'm sure we will. So, that, in a nutshell, is the financing arrangements that we have arranged, and our recommendation as far as land cost. All the land costs are going to do, no matter what number you folks choose, is going to be a number that is directly added. Whether it is for this group, or whether it's for our group, it really doesn't matter, as far as land costs go, because that number is going to be added to the cost figure, and that will be the end mortgage number, in total, that everyone will come up with. 68 January 8, 1987 Mr. Plummer: Well, I think the important thing is, do you, as a proposer, as well as the group from Allapattah, understand, and will you feel that your proposal can fly at 75 percent? Mr. Sox: Yes, it can. Mr. Plummer: OK. Mr. Sox: As a matter of fact, using the 75 percent number, the income level that... the highest income level that would be required for a person to qualify for a three -bedroom, two and a half bath, townhome, on an ownership basis, would be approximately $21,000. Mr. Plummer: The question to the administration: Is this thing on the tax rolls? Mr. Sox: It will be on the tax rolls. Mr. Plummer: No, I'm saying, when... the completed, finished product of when it is built, will it be on the tax rolls, as regularly taxed? Mr. Bailey: It will be on the tax rolls, because the land will be transferred, along with the improvements on the land, to the homeowner. Mr. Plummer: So, in other words, rather than... Mr. Sox: It would be a homeowners' association. Mr. Plummer: ... two million value, which we're not receiving any taxes for now, since we own it,... Mr. Bailey: We receive no taxes now. Mr. Plummer: ... it will be on the tax rolls, for approximately how many dollars, total project? Mr. Sox: We projected out a little over $200,000 for tax. Mr. Bailey: No, $7.5 million for improvements. Mr. Sox: Oh, as far as the cost, OK. Mr. Plummer: Oh, OK, fine. Mr. Sox: That is the sum and substance of the financing arrangements. Those dollars are in place. Mayor Suarez: Any further questions? Mr. Plummer: The only other question: Do you have, or are you willing to, let's say, negotiate or discuss with the Planning Department, your design? Mr. Sox: Absolutely. Mr. Plummer: OK.. Just want it on the record. Mr. Sox. Yes. No, as a matter of fact, we would like to meet with them, so we can get moving on this. Mr. Plummer: OK. I'm going to ask the same questions of both, so you can address it in your presentation, or however you want. Mayor Suarez: Armando, proceed. Mr. Cazo: I sure will, yes. Mr. Mayor, members of the Commission, once again, my name is Armando Cazo, for the record. My address is 3501 Southwest 8th Street, Suite 204. I am representing Allapattah Business Development Authority, which is a community development corporation, chartered by the State, and instructed by the City. I must say that it is a nonprofit corporation, to develop the target area - Allapattah, that is. We made a presentation December the lith, with the intention of securing the Melrose site for the development of 240 townhouse units, of one, two, and three 69 January 8, 1987 bedroom, for the low and moderate income families, as we are all aware of the tremendous need of housing in the City of Miami, especially in this particular area. In the meeting of December the llth, the Commission instructed the departments to meet with both of the proposers, to review both of the proposed projects. I must say that I was very frustrated, because I tried to contact each individual department, to try to find out who we were supposed to deliver all of our material for the final revision, and actually was not accepted by any of the departments. Mr. Plummer (OFF MIKE): Whoa. Are you saying that you have not had the opportunity to meet with anyone in any department? Mr. Cazo: That is correct. Mr. Plummer: (OFF MIKE): (INAUDIBLE BEGINNING, THEN BACK ON MIKE)... the instructions of this Commission that both groups met with the administration proper officials. And we have one group here saying... how in the hell can the administration make a recommendation to us, if they've not met with these people? Mayor Suarez: Herb. Mr. Bailey: Commissioner,... Mr. Plummer: Excuse me. For the record, sir, who did you contact? Mr. Bailey: Yeah, who did you contact? Mr. Plummer: Who'd you contact? Mr. Cazo: OK, for the record, I contacted Jerry Gereaux, and... Mr. Plummer: Hold on. And he did not meet with you, or said he would not meet? Mr. Cazo: No, no, no. Mrs. Kennedy: Through his fault, or through... Mr. Cazo: No, no, he did not say that he would not meet with me. I talked to him at various times over the phone; Jerry was very cooperative. But, actually, I don't think that he understood exactly what the Commission had instructed. And I also spoke with... Mayor Suarez: In which sense? In which sense? Now, wait a minute, you made a statement that Jerry did not understand what the Commission had instructed. In which sense did he not understand what we had instructed? Mr. Plummer: That they were to meet with both sides. Mr. Cazo: The Commission instructed the Planning and the Zoning Department to review, and my conversation with Jerry was the fact that, I thought it was his department to be responsible for, really, reviewing everything that had to do with, not only unit mix, but size of units, price of units, construction cost, sales of units, and so on and so forth. Mayor Suarez: Well, I have a question on that, though, because it seems like what you are presenting and what they're presenting, on that score, are pretty similar. So, how would that kind of consideration or analysis by the City bring us any closer to a determination here? Mr. Plummer: Well, because this Commission so instructed. This Commission instructed the administration to talk and discuss with both sides. Now, these people are standing... What I'm saying is, how can the administration recommend - which we are expecting, I'm sure, a recommendation from the administration,... Mayor Suarez: I don't think there is a recommendation, is there, Jerry? Mr. Plummer: There better be. Mrs. Kennedy: I hope there is. 70 January 8, 1987 • Mr. Plummer: Hey,... Mrs. Kennedy: Where's Jerry? Mr. Bailey: There's a resolution in your packet, Commissioner, for a selection, or for a decision to be made by this Commission, based on... Mr. Plummer: How can you do that, when you've not talked to one group? Mr. Bailey: Commissioner, he's saying that he has not talked to us. I don't think Armando really means what he's saying, because... Mr. Plummer: Well, let's understand what he does mean. Mr. Bailey: ... I can assure you, and we computerize all phone calls, you have not called my office, and if you have called the Housing Department, I'm pretty sure you haven't discussed... Mayor Suarez: Well, he's already said he spoke to Jerry more than one time. Mr. Bailey: OK. Now, I don't know what other department you are referring to. Mayor Suarez: Maybe not in person, but he's met... he's talked to Jerry, certainly. Mr. Bailey: I don't know what other department he may be referring to. Mr. Cazo: I spoke to the Planning Department, and I was instructed that there was no real reason why we should meet with the Planning Department, because once a developer was selected,... Mr. Bailey: Did the Planning Department tell you that? Mrs. Kennedy: Who told you that? Mr. Bailey: Who told you that, in the Planning Department? Mrs. Kennedy: Who told you that, in the Planning Department? Who told you that it was not necessary to meet? Mayor Suarez: Herb, let the Commissioners carry out the questioning here. Who told you, from the Planning Department, that, if you remember, Armando? Mr. Cazo: Sergio Rodriguez - I spoke to him over the phone,... Mrs. Kennedy: Well, we need to talk to Sergio Rodriguez. Mr. Cazo: ... because we had an appointment set up, to meet,... Mr. Plummer: Bad guy. Mr. Cazo: ... and to review our planning, and what I was informed, that there was no need to review the planning, per se, because on the agenda it had appeared that there was going to be a selection based on financial capacity, or capabilities, for the developer, and that's actually how the agenda resolution reads. And I don't think that a developer, either them or us, should be selected strictly on the terms of a financial capacity or capabilities. Mr. Plummer: Well, I'll tell you, Mr. Mayor, I'm going to short-circuit it. I'm going to move that this item be deferred, and the instructions to this Commission be carried out. I make that in the form of a motion. I don't understand how the administration can make a recommendation by only talking with one party. Mrs. Kennedy: OK, before we take a vote, I'd like to hear from Sergio Rodriguez,... Mr. Plummer: OK. 71 January 8, 1987 • Mayor Suarez: Well, Jerry... Mrs. Kennedy: ... to see why did he say that, and if he did. Mayor Suarez: Well, I'd like to hear from Jerry, if you have something you want to add, Jerry. Mr. Plummer: Sure. Mayor Suarez: Do you want to do... and Herb, and anyone else. I mean, I... Mr. Plummer: My motion will still stay the same. Mayor Suarez: OK, that's fine. Mr. Plummer: OK? Because of the fact that... Mr. Sergio Rodriguez: If I may. Mayor Suarez: Now we've got Sergio. Mr. Rodriguez: On the meeting that we had Monday... For the record, my name is Sergio Rodriguez. On the meeting that we had Monday, in which we discussed the agenda, I was told that Item 51, in which the Planning and Zoning Boards, not the Planning Department, was instructed to review the applications, that motion was going to be rescinded. Mr. Plummer: Was going to be what? Mr. Rodriguez: Rescinded. Mr. Plummer: What motion? Mr. Rodriguez: And it's on the agenda, on Item 51, today. And there was no instruction to meet with the Planning Department, but with the Planning and Zoning Boards. Mrs. Kennedy: Yeah, and that is what we rescinded. That was an erroneous... Mr. Rodriguez: Right. Mayor Suarez: Yeah, it made no sense... Mrs. Kennedy: ... motion. It really didn't... Mayor Suarez: ... to refer it to the Planning and Zoning Boards, it's... Mr. Rodriguez: And... Mayor Suarez: Whatever we approve has to be subject to any zoning or planning... Mr. Rodriguez: So, I haven't met with any of the two applicants. I haven't seen any of the site plans. The matter that was before you, I understood, was a financial discussion of the... whether the applicants had the... Mayor Suarez: Well, not just financial. I mean, we have to determine who we're going to award, essentially, this project to. Mr. Rodriguez: I know. I'm telling you my understanding of it,... Mayor Suarez: A variety of criteria. Mr. Rodriguez: ... Crom reading Item 52, from the Housing Department. So, it felt that there was no sense in meeting and discussing site plans in any of the two cases - we haven't seen any of them - when the financial issues had not been. resolved yet by you all. The discussion of a site plan can be resolved, either, if you want, beforehand or after hand, but I haven't... the financial issues were the issues that I understood were your concern, and I have not been instructed to review the site plan of either one of the applicants. If you want to, we're... 72 January 8, 1987 Mrs. Kennedy: Well, can we table this until this afternoon? And will you meet with them, if that's acceptable to everybody? (PAUSE) I can't hear. Mr. Bailey: May I speak, Commissioner, Mr. Mayor? Mayor Suarez% Herb, go ahead. Mr. Bailey: I don't recall, since I've been here in the City of Miami, whereby City departments, Planning Department, or any other department, has assisted a developer before he was selected. We have been always available... Mr. Plummer: That isn't what we asked, Herb. Mr. Bailey: No, I want to finish. Mr. Plummer: We didn't ask you to help them. We asked you to review their proposals, so that you would be prepared to make a recommendation to this Commission. Mr. Bailey: And that is what we did. And in order to review their proposal, we have to have something submitted to us to make a comment on. And we have, in every case, been available to anyone that has come in and asked for our input in regards to what it is that this Commission was expecting to have built, in terms of the houses there, and we have made that assistance. I have not received - and Jerry has to have some comments, so we have had some input, any other request from the group... Mayor Suarez: OK. Let's do this, then, because we're going around and around here. If it's OK, Commissioner Kennedy, it was your suggestion. Let's table it, and ask for you, Jerry, and/or Herb, both, in your capacities, to meet with the group that has not met with you, during the day, if you have the time - I presume you would - and if, at the end of that process, you tell us that you're really not in a position to evaluate their project, as you presumably have evaluated their project, then we may not be able to vote on MR it. But, hopefully, you know, I mean, they sound very similar to me, and, you know, I, for myself, have a pretty good idea of what each one entails, and, you know, what I'd like you to do is make sure that they have the same ability to have input with you, and you with them, and otherwise feel that we have considered their plan as much as we've considered your plan. You've been meeting pretty closely with the City. Mr. Bailey: Well, Mr. Mayor... Mr. Sox: I would like to just add one thing... Mr. Plummer: Well, I think there is a big difference, OK? Mayor Suarez: OK. Mr. Plummer: And as I recall the numbers, and you correct me if I'm wrong, your proposal is for 161 units. Mr. Sox: A hundred and sixty. Mayor Suarez: A hundred and sixty, yeah. Mrs. Kennedy: A hundred and sixty. Mr. Plummer: A hundred sixty. Their proposal is for 240, so there's a damn big difference - 80 units. Mr. Sox: Is that still correct, that it's for 240? Mr. Cazo: That is correct, yes, still correct. Mr. Plummer: You know, it's one-third more units than what they're proposing, and I'm not saying that I agree with their 240, but I think when you're talking about one-third more units, there is a big difference. Mr. Sox: I would like to, Commissioner, add one thing. We have not met with the Planning Commission. We don't want the other group to think that we have met with people, necessarily, that haven't been available to them. 73 January 8, 1987 Mayor Suarez: Planning Commission - you mean the Planning Board. Mrs. Kennedy: Department. Mr. Sox: Planning Board. Mayor Suarez: Or the Planning Department. Mrs. Kennedy: Or Department. Mr. Sox: Or the Planning Department. Mrs. Kennedy: Department or Board? There is a... Mr. Sox: I have not met with any of the folks. Mayor Suarez: You met with the Housing Agency... Mr. Sox: Yes. Matter of fact, I... Mayor Suarez: ... and with the Assistant City Manager in charge of that agency. Mr. Sox: Right. I invited Mr. Bailey to join in a presentation at the banks, so he could sit and listen to the presentation that I made. He did not make the presentation, I made the presentation. And that was to establish the fact that the end -loan commitments were available, and to go over it with the different banks. As far as the actual design of the plans... Mr. Plummer: Yeah, but... Mayor Suarez: There's no implication that you've taken any advantage or anything... Mr. Plummer: No, no. No, no, no. That's not the point. Mayor Suarez: ... it's just that we want to have the same opportunities offered to the other group. Mr. Plummer: Let me give you an example of my concern. Needless to say, I think this Commission, in its views of the past, have always said we need units desperately. Now, they're proposing 240 units. I'm not a planner, I'm not a professional. Maybe the professionals will come back and say to me, "Hey, you know, the number is great, but they're crowding the property, and they're using too much density." That's what I thought we were doing, when we sent it to both sides, to go to the administration, to recommend back to this Commission. I don't know if 240 units are too many units for that site. I don't know that 160 are enough. Mr. Sox: At the last meeting, it was determined in the questions that came up - and this was one of the items that we honed in on - was the question of the financing arrangements and capability. You can come up with any number and any design you want to, but if you don't have the financing to back it up, it doesn't mean anything. Mr. Plummer: Yeah, but that... I agree with you. Mr. Sox: I'd like to know whether or not that that is in place, before we even go forward, because if it's not in place, then we're really going to waste our time this afternoon. Mayor Suarez: Well, that... yeah, that's up to the Commission, and we'll accept your recommendation that we have to look carefully at that, sure. Mr. Plummer: There's no question about that, OK? But if we, the Commission, make a decision based on numbers of 240, and then the Planning Department says no, they can't do that, then we've made a wrong decision. Mr. Sox: Then I think you should have to adjust those numbers to agree with the Planning Board. 74 January 8, 1987 Mr. Plummer: Exactly. Mrs. Kennedy: Exactly. And that is why I think you all should meet with this... Mr. Sox: That's what I'm saying, because the Planning Board may not agree with 160. Mrs. Kennedy: Right. Well, you should meet with the Planning Department, Sergio, and then come back this afternoon. Mr. Bailey: May I make a statement for the record, please? Mrs. Kennedy: Do you have time to do it? Is this something feasible? Mayor Suarez: Yes, as soon as the Commissioner is finished. Mr. Bailey: Yes, I'm sorry. Mayor Suarez: Commissioner Kennedy? Mrs. Kennedy: Yeah. Mayor Suarez: OK, Herb, go ahead. Mr. Bailey: We previously had awarded, made an award, to develop 250 units on this site about two years ago. Mayor Suarez: That went to what - Related Housing, is that...? Mr. Bailey: Related Housing. That was rejected, for a couple of reasons. One of the reasons was, that this Commission, and the administration, decided that that was too much a density for that particular site. It was also rejected for a matter of the inability of Related Housing to come up with sufficient funds to build 250 units. So, in terms of the density, relative to what they are proposing, this Commission has already made some indication as `to what it thinks should be on that site, and I just want to say that for the record. Mr. Cazo: Mr. Mayor, may I say something? Mayor Suarez: Yes, Armando? Mr. Cazo: I don't want to create, you know, by my making my statement of the fact... I have worked with Jerry Gereaux in the past, for many years, and with Herb Bailey, and I do not want to make this Commission believe that we were turned down, or anything of that nature. That is not the case. The fact was, that the resolution made... Mayor Suarez: We made a pretty confusing resolution. Mr. Cazo: Absolutely. Yes, I think that was the case, and so, you know, if I'm allowed to continue my presentation as far as the financing capabilities of... Mayor Suarez: Yes, go ahead. They did. Go ahead and finish yours. Mr. Cazo: I just want to correct one thing, Herb. The site that was selected before, it was 426 units for Related Housing. So, just to make that particular correction. Mr. Plummer: For that one site? Mrs. Kennedy: For that particular site, two years ago? Mr. Cazo: For that one site, yes. Yes, five buildings, eight stories high. Because I do have the plans. Mr. Plummer: How many over 40 stories was it? Mr. Cazo: No, just five buildings, eight stories high. 75 January 8, 1987 i • Mr. Plummer: OK, go ahead. Mayor Suarez: Go ahead, proceed. Mr. Cazo: Well, if I may continue. I'm sorry that this whole thing was disturbed... disrupted. Mr. Dawkins: J.L. says that he's not going to do anything unless they can make a recommendation, so there's no sense in going any further until they meet with this group. Mayor Suarez: Do you want them to complete their presentation on financing, just so we get that in, into the record? Mr. Cazo: OK. The... Mayor Suarez: Briefly, please, Armando. Mr. Cazo: Briefly, yes. We have three letters, one from Matthews and Wright, which is a bond underwriters from New York - Wall Street, who has a letter of intent to... for the construction and the permanent... I could give this to the City Manager for the record. Mr. Plummer: In what amount? Mr. Cazo: The amounts of the entire project. The entire one phase. Mr. Plummer: What amount? Mr. Cazo: The amount of the construction phase. Mr. Plummer: How much is that? Mayor Suarez: I'm sure it's not indeterminate. I mean, they've got to have some idea what the amount is; otherwise, they're not going to make any commitment. Mr. Cazo: Well, they've seen our proposal... Mayor Suarez: And they trust you a lot, but not that much. Mr. Cazo: Absolutely. They trust our proposal, and the construction, the total construction, it's $9,663,000. Mr. Plummer: Does that include the City's money back? Mr. Cazo: Well, that is construction cost. Mr. Plummer: It's part of it? Mr. Cazo: Pardon me? Mr. Plummer: So, you have a commitment from that bank, you're saying, for the record,... Mr. Cazo: Yes. Mr. Plummer: ... of approximately nine to ten million dollars. Mr. Cazo: That's correct. Mr. Plummer: OK. Just want that on the record. Mr. Cazo: Yes. As far as the payment of the City, we made three options the last time. No... zero payment to the City... Mr. Plummer: (EXCLAMATION) Mr. Cazo: ... fifty percent, and 100 percent, and I must say that, with the 100 percent payment of the City, according to our construction prices, and our cost, we are talking about that, for the largest unit, which will sell for $59,995, the monthly payments, including insurance and everything, was $388. 76 January 8, 1987 Mayor Suarez: And that still counts in paying back the City,... Mr. Cazo: A hundred percent of the land. Mayor Suarez: ... to the City, the entire amount of the land acquisition? Mr. Cazo: Absolutely correct. Mr. Plummer: How much? What was the monthly rent? Mr. Cazo: Three hundred and eighty-eight dollars. Mr. Plummer: And how many square feet? Mr. Cazo: That's 1,170 - three bedroom, three bath. Mayor Suarez: Is that... Mr. Plummer: Ten seventy. Ten seventy? Mr. Cazo: I'm sorry, what... Mr. Plummer: Square footage, was a thousand and seventy? Mr. Cazo: One thousand, one hundred and seventy, that's correct, yes. Mayor Suarez: Is that P... you said "rent"; you meant mortgage payment? Mr. Cazo: Mortgage payment. Mayor Suarez: Is that PITI, or just P and I? Mr. Cazo: Insurance, property taxes, and everything. Mrs. Kennedy: And what would the highest income level be? Mr. Cazo: Highest income level, for that particular unit, is $15,520. Mr. Plummer: And the minimum? What is the minimum? Mr. Cazo: The smallest unit? Mr. Plummer: Yeah. Mr. Cazo: It's $34,995. Mr. Plummer: Wait a minute, wait a minute, what... Mr. Cazo: Total monthly payment... Mr. Plummer: Yeah, is... Mr. Cazo: It's two hundred and forty-one dollars. Mr. Plummer: Two forty-one, based on how many square feet? Mr. Cazo: It's 640. Mrs. Kennedy: Six hundred and forty? Mr. Cazo: Square feet for one -bedroom apartment, that's correct. Mr. Plummer: I thought our minimum was 650. Mr. Dawkins: It is. Mrs. Kennedy: Yeah. Mr. Dawkins (OFF MIKE): That's what the agreement was. That's what the RFP calls for. 77 January 8, 1987 Mr. Plummer: I thought our minimum square footage for a unit was 650. Mrs. Kennedy: Six fifty, no less than that. Mr. Plummer: Has that been changed? Mayor Suarez: Six fifty - or 700? Mr. Bailey: Six fifty for a... well, for what size unit? Is than an efficiency, one bedroom? Mr. Cazo: The one bedroom, one bath. Mr. Carollo: That's "mas o meno," Plummer. Mr. Bailey: No, no, no. Mrs. Kennedy: That's like a studio. Mr. Bailey: The Dade County acceptable standards, in terms of units... Mr. Dawkins (OFF MIKE): No, no, no, no, no, no, we put on our Mayor Suarez: We built it into one of our resolutions. I don't know if it was in regards to this; I think it was. Mr. Dawkins: What was in the RFP? Minimum. Mr. Plummer: Doesn't our... Mr. Dawkins: Because I put them in there. Mr. Plummer: ... zoning ordinance speak to 650 as minimum? Mr. Bailey: We have always specified that we get... Mr. Dawkins: Mr. Bailey, wait a minute. I put out an RFP with minimum and maximums in it. What were the minimum and the maximum? Mayor Suarez: Yeah, we had a resolution that specifically stated. Why don't we search for that? Go ahead, Armando, complete your presentation; otherwise, we're going to get bogged down in arguing. Mr. Cazo: Basically, that concludes my presentation. I... Mrs. Kennedy: Armando, are you going to do this in phases? Mr. Cazo: No. Our commitment calls for 240 units, one phase... Mrs. Kennedy: One phase. How about... Mr. Cazo: ... but that was a tremendous concern on the Commission the last time,... Mrs. Kennedy: OK. Mr. Cazo: ... and we have worked out a financing to do the project in just one phase. Mrs. Kennedy: All right. How about yours? Mr. Sox: Ours will be done all at one time. Mrs. Kennedy: All at once. Mayor Suarez: By the way, is... Mr. Sox: But I do have a couple of questions, if I may. Go ahead. Mayor Suarez: Yeah, well, before that, just to get comparative figures on... give us comparative figures, if you have them handy, on 100 percent return of land acquisition costs, as they just did, one unit - what does it come out to be per month, and the similar unit to their three -bedroom unit. 78 January 8, 1987 Mr. Sox: Right. I would like to ask a couple of questions, so we... Mayor Suarez: No, no, please, answer the question first. Otherwise, we're going to get bogged down here. Mr. Sox: OK. On a one -bedroom unit... go to one -bedroom first. Mayor Suarez: You've got your matrix there; you can pull out the numbers. Mrs. Kennedy: One bedroom, one bath? Mr. Sox: At 100 percent of the land cost reimbursement? Mr. Plummer: Yeah, so we can compare. Mr. Sox: You have essentially the same numbers: $300 and... $308 a month. Mr. Plummer: Three-o-eight? Mr. Sox: Three-o-eight. Mr. Plummer: No, that's $80 cheaper. Mr. Sox: OK, now... Mr. Plummer: Wait a minute, now... Mr. Dawkins: What's the square footage? Mrs. Kennedy: What is the square footage? Mr. Plummer: How many square foot? Mrs. Kennedy: On the one -bedroom. Mr. Sox: Wait, let me add something. You've got taxes, or the insurance escrow, on top of that, so it's $325. Mr. Plummer: Three twenty-five, and how many square feet is that? Mrs. Kennedy: The ITI. Mr. Sox: Now, the square footage of that is 795 square foot. It's a one - bedroom, one -and -a -half bath. Now, go to the... Mr. Plummer: All right. And the biggest unit? Mr. Sox: The biggest unit is a three -bedroom, two -and -a -half bath. Mr. Plummer: Right. Mr. Sox: And the square footage of that unit is 1,379 square feet. Mr. Plummer: OK, and how much is that monthly? Mr. Sox: That runs monthly, for the total reimbursement of all the costs, you've got a first mortgage that would come out to $321... $346... three... With your principal, your interest, and your insurance, it comes out to $375, in round numbers. Mayor Suarez: And you didn't build in tax, into that? Mr. Sox: The tax... add taxes on top of that, excuse me, taxes on top of that, are projected to be $172, for that particular unit. That's the larger unit. Mayor Suarez: Per year. Mr. Sox: Per year. No, no, per month, you could be talking, based on what the assessed value comes out to be. 79 January 8, 1987 i Mr. Plummer: So it's... in other words, what it's going to cost the individual is $547 a month. Mrs. Kennedy: Five forty-seven. Mr. Sox: You would have... you would end up with $547 a month. That's at 100 percent of the land reimbursement. Mr. Plummer: OK. Now, does the $325 include taxes, on the 795 square foot? Mr. Sox: Let me take a look. At 100, you would have... Mrs. Kennedy: Three seventy-five. Mr. Sox: You would have, in that, another, by our projections, taxes... no, it does not. You would have to add another, roughly, $100 to that. It's right around $100. Mr. Plummer: So that's $425. Mr. Sox: $425. Mayor Suarez: Are you sure you've built in similar figures for tax, or do you consider that the City's going to go down in taxes so much, that you can, between now and then, give us the figures you gave us before, Armando? Mr. Cazo: No, actually... Mayor Suarez: You gave us PIT. I mean, PI and insurance, and not tax. Mr. Cazo: OK, total monthly mortgage payments - that's principal and interest only - of the one -bedroom units, are $148. Now, you have association fees for maintenance of the grounds, $49; and you have taxes and insurance, for that particular unit, for $44. You have to take in consideration that these are going to be homeowner units, and you have a $25,000 homestead exemption. That, we've taken into consideration. Mrs. Kennedy: OK, could you give me those numbers again, please. Mr. Sox: You have taxes of how much? Mayor Suarez: He said taxes, insurance, forty... Mr. Sox: No, no, just taxes alone. Mayor Suarez: No, he gave both together. Mr. Cazo: Taxes and insurance is $44 for that particular unit,... Mr. Plummer: Are there any other costs monthly? Mr. Cazo: ... according to the assessed value of $34,995. Mayor Suarez: Yeah. You know, as you both meet with our department, you ought to compare those figures, and see if they make sense. Mr. Plummer: See, that's exactly what we were trying to eliminate here. Mayor Suarez: But that's really a Housing Agency issue, not so much a Planning thing. It's figuring out whether your figures really make sense. Particularly the taxes - the taxes are not going to be determined by either one of you. Mr. Sox: That's right. The taxes should not enter into this. Mr. Cazo: Absolutely. Mayor Suarez: And we should make sure that we have the same exact... Mr. Sox; You've got to compare apples to apples. 80 January 8, 1987 Mayor Suarez: ... figures on taxes, assuming the same prices of the units, which, of course, will determine evaluation initially. So, OK, anything else on financing? Mr. Cazo: Basically,... Mr. Sox: I would like to ask a question on that, if I may. Mr. Cazo: Yes, sure. Mr. Sox: I'd like to know, do you have a letter of intent, or do you have a commitment letter? There is a vast world of difference between the two. Mr. Cazo: Well, this is a letter of intent. Mr. Sox: Then you do not have a commitment. Mr. Cazo: The commitment will have to be written up once the project is approved by the City, and all the specifics are approved by the Planning Department, and so on, and so forth. Do you have a... Mr. Sox: Yes, we do. Mr. Cazo: You do. Mr. Sox: We have a commitment for the construction financing, and a commitment... Mayor Suarez: You have a conditional commitment, because you don't have the project yet, so I guess you... Mr. Sox: That's... it is subject to the project being approved. We do have a commitment, period. Mayor Suarez: We'd probably like to look at both of those documents, to see which one sounds to us more... seems to us more secure. Mr. Plummer: I'm missing one figure. Sir,... Mr. Cazo: Sir. Mr. Plummer: On your small unit of 640, total monthly cost, including everything, is how much? Mr. Cazo: Two hundred and forty-one dollars. Mr. Plummer: Two hundred and forty-one dollars - that includes taxes and everything? Mr. Cazo: That's correct. Mr. Plummer: OK. And on your thousand and... is the other size 1,070? Mr. Cazo: A thousand one seven-o. Mr. Plummer: OK, a thousand seven-o. Mr. Cazo: One seven-o. Mrs. Kennedy: One seven-o. Mr. Plummer: One seven-o. That's 1,170? Mr. Cazo: That's correct. Mr. Plummer: OK. And what is the total cost on that? Mr. Cazo: Three hundred and eighty-eight dollars. Mayor Suarez: That is PITI and maintenance? Mr. Cazo: And insurance, and taxes. 81 January 8, 1987 Mayor Suarez: Well, that's PITI. Mrs. Kennedy: Well, PITI. Mayor Suarez: Now, Jerry, when you bring us back - something, in a comparative analysis - and Herb - I'd like to know whether you think both of these figures are actually viable, or whether someone is just giving projections that don't make any sense. On the taxes, it should be very easy to determine. Mr. Sox: If possible, I think what may be a reasonable way to do it, would be to leave the taxes out, since the tax figure is going to be there... Mayor Suarez: That's one way to do it. Mr. Sox: .. in any event. Then you're comparing... Mayor Suarez: Unless their units are so much lower in price... Mr. Sox: But on a per square... on a... Mayor Suarez: ... that the taxes would be less, because evaluation would be less. Mr. Plummer: No. Let me tell you where taxes have... Mr. Sox: On evaluation per square foot, it's going to be the same. Mr. Plummer: Exactly, but that's a key. Mayor Suarez: I don't know about that. Mr. Plummer: The taxes on yours are actually going to be higher, and rightfully so,... Mayor Suarez: Oh, they're bigger. Mr. Plummer: ... because you've got more square footage in the units. Mayor Suarez: They're bigger, yeah. Mr. Sox: However, per square foot, it's going to be the same,... Mr. Plummer: Understand that. Mayor Suarez: Well,... Mr. Sox: ... and that's the number that we need to work on. Mayor Suarez: ... depends a lot on what you sell them for. Mr. Sox: Yes. Mayor Suarez: OK. Mr. Sox: I think the other figures that need to be included in this, is the average square foot of all the units, and the average cost per square foot... Mayor Suarez: Can you give us that figure... Mr. Sox: I can give you that... Mayor Suarez: ... for this afternoon? Not now, please. Give it through Jerry, and if it's a solid figure, you can tell us whether it's a solid figure, from your perspective, and have them do the same thing. Armando. Ralph, you want to make a statement? Mr. Ralph Packingham: Thank you. Mr. Plummer: Let me ask one other question, before Ralph gets up there. Mr. Bailey, you've seen, I guess, both of the concepts. What happens in the case i 82 January 8, 1987 i of a default? In what way is the City involved in the default of a mortgage, in any way, shape or form? Mr. Bailey: We have no obligation in the default provisions. Mr. Plummer: What about the payment of the... repayment of the money to the City for its property, does that figure into a default? Mr. Bailey: Well, we still own the land until it's paid for, and we're looking for both groups to reimburse the City... Mr. Plummer: So, we're not worried about an individual default? Mayor Suarez: Well, one of the groups - I think the union's - idea was, that at closing our monies on the land would be paid back to us, so that if the default that you're talking about would take place after closing, we'd be protected. Mr. Plummer: We're still paid. Mayor Suarez: Right. Mr. Bailey: We still own the land,... Mayor Suarez: Right. Mr. Bailey: ... and not only that, the union... Mayor Suarez: Well, but, we own it, but we're also... we're paid back our money on it. Mr. Bailey: And the union still owns all of the improvements on the land; therefore, the union or the Allapattah groups... Mayor Suarez: Now, if the default took place in the construction phase of this, then we've really got a mess on our hands. We still own the land, sure, but we also own some building that... Mr. Plummer: Well, we can get a performance bond on that. Mayor Suarez: Yeah. Mr. Bailey: Yeah. Mr. Plummer: All right, the other question that I have: These will be individual ownerships, correct? Mr. Cazo: Correct. Mr. Plummer: Who, and where, and what will the money be for common areas and things other than outside of the private ownership? Mr. Sox: As far as condominium association type fees? Mr. Plummer: Kind of fees for common areas. Mr. Sox: We've made an allocation for that, and set up a reserve. This, the homeowners' association, in any event, will be managed by the homeowners, with assistance from outside. It can be a private group. There are a number of associations getting involved in this. Mr. Plummer: All right. Are there to be additional fees, to be paid for common, other than the monthly payments? Mr. Sox: Of your common area, for your association, no, we do not, because you're talking about a brand new project. You should not have any maintenance problems to speak of, obviously, being brand new, until you're into the project for a few years. You start reserving this money to take care of your painting on the outside. Obviously, the homeowner is responsible on everything on the interior walls. 83 January 8, 1987 Mr. Plummer: I understand that. My concern is what they commonly refer to as the common areas. Mr. Sox: There is a... Mr. Plummer: What is in your proposal, built in on an annual basis, for what I would call, addressing the common areas. Mrs. Kennedy: Which will be in a reserve fund. Mr. Sox: Ninety-six thousand dollars. Mr. Plummer: A year? In other words, your proposal says that your figures show that a fund, which will be operated by the homeowners' association, will have $96,000 a year for the maintenance only of, and upkeep, of course, of that... Mr. Sox: Right, of the common area. Mr. Plummer: OK. Do you specify that in yours? Mr. Cazo: Yes, we do, because in order... Mr. Plummer: And what is that number? Mr. Cazo: It's $49 per unit, times 240 units per month. Mr. Plummer: Whoa, whoa, whoa, wait. You said 240. Mr. Cazo: Two hundred and forty units. Mr. Plummer: You just said 440. Mr. Cazo: No, no, no, 240 units, times 49, times 12. That's how much money would be used. Mr. Sox: I think an easy way to do it, Commissioner, is, they're talking $49 a unit; we had originally plugged into our numbers $50 per unit. There's a dollar difference. Mr. Plummer: So it's basically the same. Mr. Sox: Basically the same. Mr. Plummer: Good, you save me mathematics. Go ahead. Mr. Sox: Yeah, we need to get down to comparing apples to apples. Mr. Plummer: And that continues for how long? Mr. Sox: Forever. Mr. Plummer: Forever. Mr. Sox: Until the... the association always has the right,... Mrs. Kennedy: Turns over. Mr. Sox: ... as they would here, too,... Mr. Plummer: To increase it. Mr. Sox: ... to increase that. Mrs. Kennedy: Right. Mr. Plummer: Yeah. OK. Mayor Suarez: Anything else, Armando, in your financing...? Mr. Cazo: No, that's it. Mrs. Kennedy: So, my suggestion... 84 January 8, 1987 Mayor Suarez: Thank you both. Hopefully, we have this... yeah, your suggestion rules the day here. It's tabled, and if... Mr. Plummer: I interrupted this gentleman. Mayor Suarez: Oh, Ralph, right. If Jerry has a... I was just going to finish a thought here. If Jerry and Herb have comparative analyses for us by this afternoon, and recommendations, and so on, we'd like to hear those. Mr. Bailey: I'd just like one clarification after you've finished, Mr. Mayor. Mayor Suarez: Go ahead, Ralph. We've interrupted you a couple of times. Mr. Packingham: Mr. Mayor, City Commissioners, we do appreciate your allowing us this time to address... My name is Ralph Packingham. I'm president of the Allapattah Merchants' Association, as well as the chairman of the Off-street Parking Board for Allapattah. As I stand before you, I represent the Allapattah Neighborhood Service Center, Allapattah YMCA, the Allapattah Community Action Group, the Allapattah Action Agency, and the Allapattah Parking Board. All of these people are here, as well as we have the people here from the community. We are deeply concerned that we... that this issue will not be solved this morning, because of the number of people that have taken time out from their daily jobs to come here, to deal with this particular issue. And we are here, simply because we're deeply interested in what happens in Allapattah, and we want to have, and we must have, a voice in anything of major amount that happens in Allapattah. The gentlemen indicated that he has an office at 17th and 24th. If I'm not mistaken, I think that that is a union hall. Mr. Sox: It's the Plumbers' Union, that's correct. Mr. Packingham: The Plumbers' Union Hall. Mr. Sox: That's correct. Mr. Packingham: Well, these are all residents of Allapattah. These are people who actually live in Allapattah. Whatever you do in Allapattah will affect all of us. And what we would like - we would hope - that the administration, as well as the City Commission, take into consideration the diligent work that all of these different people, the agencies as well as the residents, has put into Allapattah, to make Allapattah a better community, and make living conditions there better. Thank you. Mr. Plummer: To both parties, we hope that... you wanted to make a statement, I'm sorry. And Jerry. Mr. Bailey: I would just like to have a clarification as to whether or not the Commission is expecting, at the conclusion of our review this afternoon, to come back with an absolute recommendation, or whether we come back with an analysis to be presented here. Mayor Suarez: I would be satisfied with a comparative analysis, myself. I think the policy aspect of it, we're just going to have to decide, but... Mr. Plummer: Well, where we are making a - let me speak for J.L. - where we are making a decision to send one party to negotiation... no, I would like to have a recommendation. I really would. Mr. Dawkins: Not that I'll adhere to it, but I'd like to have it, too. Mr. Plummer: I'd like to have it. I mean we... you know,... Mayor Suarez: That's a consensus, two out of three, here, so... Mr. Plummer: I think the thing that I'm really asking the administration... Mayor Suarez: ... bite the bullet. Mr. Plummer: ... is, really compare apples to apples. At this point we haven't. 85 January 8, 1987 Mayor Suarez: Yeah, the recommendation may be in terms of whose numbers are more solid, who looks more feasible. It may not be, necessarily, that any one group is better than the other. Just simply, on that basis, Herb. Mr. Bailey: If the Commission desires, and I've just heard from the Manager, and I think I should defer to the Manager in terms of what he thinks he would like to come back with, if... Mayor Suarez: Well, the Commission wants a recommendation at this point, so... Mr. Bailey: We would come back... Mayor Suarez: There's three of us here - we're going to want a recommendation. Mr. Bailey: We would evaluate what they have available at this time, to indicate an absolute commitment to proceed with the project, and justify our evaluations, and make a recommendation. Mr. Odio (OFF MIKE): the key word is "recommendations." We have to... then I have to have an analysis, of somebody telling me whether it's feasible to build the units they're saying they can build in there. Mayor Suarez: That's exactly what we want to know. We want to know if it's feasible. Mr. Odio (OFF MIKE): Sergio says they cannot do it by this afternoon Mayor Suarez: Oh... Mr. Dawkins: Yeah, well, what do you want to pay him $80,000 a year for You pay him $80,000 a year. Mayor Suarez: Well, if you leave it up to Sergio, he may not have it for this afternoon, he may not have it for the next two years. Let's just... you know, we want a recommendation by this afternoon - that's pretty clear from the Commission. Mr. Dawkins: That's all. That's all. Mayor Suarez: Yes, you're welcome, Sergio. Mr. Bailey: Is there a time specific? Mr. Dawkins: He just said, he got a lot of people out here who took time off; they can't come back... keep coming back. Mayor Suarez: Let me say something. These bonds, for your information, and everyone else, were voted on in 1976. It's been eleven years that the City has been floundering around, and I'm not blaming anybody in particular here, I'll take whatever blame belongs to me, to get something built out here, that is affordable to the people in that neighborhood, and we're going to get on with the business of doing that, at least for myself. And the Commissioners have expressed that they want a recommendation - I'll go along with that, and if you want it in the form of a motion,... Mr. Plummer: Don't need it. Mayor Suarez: Don't need it. We want a recommendation by this afternoon. Mr. Plummer: Hell, we made a motion at the last meeting they didn't follow, so why make one this time? Mayor Suarez: Yeah, I mean, there was the implication, last time, that we wanted a recommendation, now that I think about it, and that you were supposed to meet with the groups, and so on. Mr. Packingham: Would it... Mr. Dawkins: Mr.Mayor, I got a problem here,... 86 January 8, 1987 Mr. Packingham: ... would it... Mr. Dawkins: ... that I think we need to discuss. Mayor Suarez: Ralph? Mr. Packingham: Would it... Mr. Dawkins: I've got... I'm sorry, go ahead, Mr. Packingham. Mr. Packingham: Excuse me. Would it be possible for us to get an approximate time? I know you can't be exact, but an approximate... Mr. Plummer: Sometime before nine. Mayor Suarez: Right, a lot before nine. Hopefully. (Laughter) -------------------------------------- --------------------------------------- 40. DISCUSSION AND TEMPORARY DEFERRAL OF OBSERVANCE OF MARTIN LUTHER KING'S BIRTHDAY. (ALSO SEE LABEL #54) Mr. Dawkins: Mr. Manager... Mr. Mayor. Mayor Suarez: Yep. Mr. Dawkins: I've got a list here, of calls made to my office, from the Police Department, Communications, Property Management, Community Development, Jobs Program, Purchasing, Community Development, Community Housing - a total of 77 calls, in reference to the Martin Luther King birthday. I also have another list, from Personnel, Law Department, Building and Zoning, Fire, General Service, Park and Recreations, Fire and Code Enforcement - a total of 56 members. I want to say, here and now, that all of these people, don't bother me - see your union representatives. We sat here last year, and said we were going to give everybody Martin Luther King's birthday off, and those who wanted it would have a chance to get it at the bargaining table. At the bargaining table, nobody asked for it. And I'm not in favor... I'm not in favor of giving anybody... come on up, come on, come on. Mayor Suarez: You got three union leaders, all saying... three union presidents, all saying that's not the case. Mr. Dawkins: If I'm wrong, say so, OK? OK? Mayor Suarez: We've got a little... we're at issue, anyhow. We've got an allegation and a response. Mr. Dawkins: Um-hmm, um-hmm, OK. Mr. Don Teems: Mr. Commissioner, we asked for it the last two times we've been to the table. The City's refused to give it to us,... Mayor Suarez: Please, a little silence. Mr. Teems: ... and they refused to give it to us last time. Mr. Dawkins: Hold it, hold it, hold it. Somebody's wrong. Mr. Odio: In exchange for what, Mr. Teems? What would you offer back? Mr. Teems: Now he's negotiating, you see, but... Mr. Odio: No, no, no, no, no. Mr. Teems: ... you asked me, did I ask for it. I have asked for it... 87 January 8, 1987 Mr. Odio: Oh, sure, you asked... Mr. Teems: ... the last two times I've been to that table. Mr. Dawkins: Yeah, but what did you want to give up for it? Mr. Odio: What would you give up for it? That's the Mr. Teems: What do you want me to give up - Labor Day? Washington's Birthday? Christmas? New Year's? Mr. Dawkins: No, your own birthday, it wouldn't make no difference, your own birthday, you give up your own birthday, I wouldn't care. Mayor Suarez: OK, one at a time, please. Mr. Dawkins: I wouldn't care. Mr. Teems: Commissioner, you made a statement, that said that we have not asked for it for two years, and that's not true. Mr. Dawkins: All right, you didn't bargain for it. I'll retract my statement, incorrect. Mr. Teems: That's not true either. Mr. Dawkins: OK, well, make me a liar there. Mayor Suarez: Well, I'd say it was an opinion, in effect; I mean, you... Mr. Teems: I can show you the... I can show you it. Mayor Suarez: You ask for just about everything, every year, but it was not necessarily something that, from his perspective, that you really pushed for. OK. But you... Mr. Teems: Well, that's not true either. We did push hard for it. Mr. Dawkins: OK. Mayor Suarez: OK. No, that's a matter of opinion, now. Mr. Dawkins: Mr. Manager. Say something, Mr. Manager, if it's wrong. Mr. Odio: I am saying that they asked for it in their list of... in their wish list, and when it came down to negotiating for it, they would not give up anything in exchange for it. Mr. Dawkins: OK. Mr. Odio: And therefore, they did not bargain hard enough, that it would make a key point of the negotiations. Mr. Dawkins: No, you can't bargain. Either you bargain or you don't; there's no such thing as hard enough or not. UNIDENTIFIED SPEAKER (OFF MIKE): No, it's not. No, it's not, Commissioner. Mr. Dawkins: That's right, OK. Mr. Ken Nelson: Mr. Mayor, Commissioners, for the record, I am Ken Nelson, president of the F.O.P. I would like to say, as far as our contract negotiations, I have to tip my hat to the Manager, who is very respectable and honorable. When it came to negotiations, we did ask for Martin Luther King's birthday. We were told that in exchange for Martin Luther King's birthday, we would get an increased amount as far as pay scale goes. Our next meeting, we were offered less. When it finally did come down to the final contract negotiations, I asked, "What about Martin Luther King's birthday?" - and it was like we were flimflammed, and it was taken away. Nobody else wanted to talk about it at that point. But I did ask, all the way to the end, about Martin Luther King's birthday. It is an important day, and I think that he'd be rolling over in his grave, to see how it's been negotiated around here with the City. 88 January 8, 1987 Mayor Suarez: Next time I call an executive session, I'm going to ask the union leaders to all be there. Maybe this will help a little bit. Go ahead. Mr. Teems: Commissioner, wait a minute. Let me apologize OK? Yeah, first off, I want to apologize for getting upset, OK? I shouldn't have done that, but we... Mr. Dawkins: Come on! Mr. Teems: Well, we negotiated it for the last two years. The only thing the City has ever told me, is that the only way I'm going to get Martin Luther King's birthday is if I give up another holiday. Now, if you look at our holidays, we got Christmas, New Year's, Washington's Birthday, Labor Day - there's just... you know, how do you trade those things? We just don't know how to do that, OK? But that's what we were told. And that's the only thing we had. Mr. Dawkins: OK. No, you don't have to apologize. You know better than that. We ain't got that... we don't always Go ahead, man. Mr. Bill Smith: I didn't want to make an exclusion. That does not... we have that day off. Mr. Dawkins: Yeah, but what did you give up to get it? That's... put that on the record. Mr. Smith: It's been some time now, maybe about... Mayor Suarez: Bill, why don't you give us your name, and the title? Mr. Smith: Bill Smith, executive director, Sanitation Employees Association. It's been two years back, but we did give up, maybe three, four percent somewhere along the line. Mr. Dawkins: All right, well, we will have Mr. Mielke here this afternoon, and let Mr. Mielke explain it to the membership... I mean, the people. Mr. Nelson: Commissioner, I'd just like to add, and I understand, and I know that my extinguished colleague, here, or distinguished colleague, Bill Smith, did negotiate, and they did give something up, but I'd also like to point out, in this last contract negotiation, that they had got a work incentive, a productivity type thing, and we never even got that, or asked for it. We recognize that was over and in addition to what we got, but we had an agreement with the City, and we didn't want to go ahead and renege on that agreement, and we did honor our agreement, that we did negotiate, and I wanted to point that out. Mr. Dawkins: Well, the biggest problem, you and I, all of us, know, is that this is the first year you guys come in together, all of you, and that's the only thing that helped us, OK? Mr. Nelson: OK. Mr. Dawkins: All right. But I just wanted all those other people out there who've been calling my office, to understand it's not my problem. 41. DR. EARL WELLS APPOINTED TO THE STADIUM FACILITY USE COMMITTEE. (ALSO SEE LABEL #42) Mayor Suarez: OK. We have, since we've got a couple of minutes, we've got some appointments, if Commissioners are ready to make them, we can make them quickly and get them over with. Mr. Carollo: It's my appointment to the Orange Bowl Committee. It's Dr. Wells. Mayor Suarez: Is that Earl Wells? 89 January 8, 1987 Now Mr. Carollo: Yes, Dr. Earl Wells. Mayor Suarez: OK. Mrs. Kennedy: Well, what committee is this? Mr. Carollo: The Orange Bowl Committee. Mayor Suarez: We all had already made our appointments, except for Commissioner Carollo, so he just made it. Mr. Carollo: Dr. Earl Wells, Orange Bowl Committee. 42. APPOINT ANA MAGDA GUILLEN TO CODE ENFORCEMENT BOARD. Mayor Suarez: Fifty-three, Item 53, is Commissioner Kennedy's appointment to the Code Enforcement Board. Mrs. Kennedy: Yes, I'd like to nominate Ana Magda Guillen, G-u-i-1-1-e-n. Mayor Suarez: So moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on that appointment. Mr. Plummer: Hey, administration, when are we going to give that Code Enforcement Board some teeth? Mayor Suarez: Good question. Mr. Plummer: No, really. Mr. Carollo: The what, the Code Enforcement Board? Mr. Plummer: Yeah. The people of this community today just laugh at them. When are we going to give them some teeth, whatever it takes, to make them a viable enforcement board? All right, I'd like for you to bring back to us a set of recommendations - I mean some heavy stuff. Make them with some teeth. I also asked the City Attorney, or the administration, to come back to see if there was a possibility that this City Commission could impose a rule and regulation that says that any company that supplies building materials would have to apply the permit number to their bill of lading, or they couldn't deliver. Now, where is that? You're still working on it. Can I expect it by no later than the 12th of February? Thank you. Mayor Suarez: I had a memo out on the whole issue of the Code Enforcement Board, too, some time ago, so I hope that we get back some powers for that board. Mr. Plummer: The way it is now, they're useless. Mayor Suarez: Yeah. And, Madame City Attorney, I had a memo requesting you to give me an opinion on our linkage ordinance too, that's been pending for I don't know how many months. Mr. Plummer: A linkage...? Mayor Suarez: Ordinance, yeah. That has to do with contributions to surrounding neighborhoods of projects that get increased FAR. Mr. Plummer: Oh. Mayor Suarez: We have... yes, close. Mr. Carollo: OK, we had a motion for Dr. Wells for the Orange Bowl Committee. 90 January 8, 1987 Mayor Suarez: Call the... yeah, call the motion on Dr. Wells, I'm sorry. I don't even think we need a motion on that, but let's call it,... Mr. Plummer: Is that your appointment? Mayor Suarez: ... go ahead. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: At this point, a roll call was taken on Commissioner Carollo's appointment of Dr. Earl Wells to the Orange Bowl Committee, which passed unanimously. Mr. Plummer: Joe... Mayor Suarez: On Commissioner Kennedy's appointment, Item 53, call the roll on that, please. We have a motion and a second. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-38 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY'S CODE ENFORCEMENT BOARD TO SERVE A TERM ENDING FEBRUARY 10, 1989. (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 54 was deferred by Commissioner Dawkins. ------------------------------------------------------------------------------ 43. GENE HANCOCK APPOINTED TO THE HOUSING CONSERVATION BOARD. Mayor Suarez: Number 55, Commissioner Plummer's appointment, Miami Housing Conservation Board and Development Advisory Board. Mr. Plummer: I nominate Mr. Gene Hancock. Mayor Suarez: So moved. Do we have a... Mr. Carollo: What board is that? Mr. Dawkins: Hooray, raaay! Mr. Carollo: What board is that? Mr. Plummer: The Housing Authority. 91 January 8, 1987 Mayor Suarez: Housing Conservation Board and Development Advisory Board. Gene Hancock's been nominated. Do we have a second? Mr. Dawkins: Yes, second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-39 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE CITY OF MIAMI HOUSING CONSERVATION AND DEVELOPMENT ADVISORY BOARD TO SERVE A TERM ENDING DECEMBER 1, 1987. (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. ------------------------------------------------------------------------------ 44. JOHN HALL, HUBER PARSONS, JR., AND MONTY TRAINER WERE APPOINTED TO THE MIAMI RIVER COORDINATING COMMITTEE Mayor Suarez: Item 56. You had suggested Huber Parsons last time around? I'm ready to vote on Huber, if that's what you want. Mr. Plummer: I am ready to suggest Huber Parsons to that. Mayor Suarez: We only get three appointments for all five of us, so... Mr. Odio: If I may, Commissioner Dawkins deferred this item, because there were no Blacks nominated. Mayor Suarez: Right. Any time we have to appoint three from five of us, it creates a problem. I'm willing to go along with yours. Mr. Dawkins: OK. Mrs. Kennedy: Well, why don't we hear all of them first? Mr. Dawkins: Huber Parsons,... Mayor Suarez: Do you have any appointments? Mr. Dawkins: Let me see. John Hall. And we need one more. Mrs. Kennedy: I'd like to nominate Monty Trainer. He's very interested in saving the river, and cleaning it up. Mr. Dawkins: He stays out of town too much, but I'll go along with you. Mr. Carollo: Too what? Mrs. Kennedy: Thank you. Mayor Suarez: OK, Monty Trainer, John Hall, and Huber Parsons? 92 January 8, 1987 Mr. Plummer: Right. Mayor Suarez: Any other nominations? Mr. Plummer: So moved. Mayor Suarez: Commissioners ready to vote on those three, so moved. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-40 A MOTION NAMING THE FOLLOWING INDIVIDUALS TO THE MIAMI RIVER COORDINATING COMMITTEE: JOHN HALL, HUBER PARSONS, JR., AND MONTY TRAINER. 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. Comments made during roll call: Mr. Carollo: OK, who are the people, again, that were named? Mayor Suarez: Huber Parsons, Monty Trainer, and John Iiall. Mr. Carollo: John Hall. Who's John Hall? Mr. Dawkins: That's the Black guy who was in here wit.`. hz ... Mayor Suarez: Tacolcy? Mr. Dawkins: No, that thing over there,... Mayor Suarez: Oh,... Mr. Dawkins: Watson Island. UNIDENTIFIED SPEAKER: Watson Island. Mr. Carollo: John Hall? Mr. Dawkins: Yeah. Mr. Carollo: Oh, that's the guy that... Mr. Plummer: Which island? Mr. Dawkins: Watson Island. Mr. Plummer: Which island? Mr. Carollo: That's the guy that gave a big portion of that, without putting any money into it, eh? Mr. Dawkins: Yeah, right. 93 January 8, 1987 Mr. Plummer: Oh, we renamed that island; it's now called Atlantis. We hope it disappears. ------------------------------------------------------------------------------ 45. APPOINT BRUNO BARREIRA, JR., ILEANA FERRERA, AND WILLIAM GOLDRICH TO THE HEALTH FACILITIES AUTHORITY. --------------------------- -------------------------------------------------- Mayor Suarez: Fifty-... Mrs. Kennedy: Fifty-seven is mine. I'd like to nominate Bruno Barreira, Jr. Mr. Carollo: Incidentally,... Mr. Plummer: What... what... what... Mr. Carollo: ... Mr. Manager,... Mr. Plummer: ... what? Mrs. Kennedy: Miami... Mr. Plummer: What? Mrs. Kennedy: Health Facilities. Mr. Plummer: Is his father a former candidate? Mr. Carollo: The bell... Mrs. Kennedy: His father was on the board, and he resigned; cannot do it, so he would like his son appointed. Mr. Carollo: A bell's just rung, where they mentioned that whole project again. If I recollect, on Firehouse Station 4, there were some monies that some of the people involved with the Watson Island project owe the City in that? And they were going to pay that very same day of that meeting, they said. Have they paid? Mr. Odio: I'll have to check that out. I'll let you know this afternoon. Mr. Carollo: Can you bring that back this afternoon, please? Mr. Odio: Yes, I will, definitely. Mr. Carollo: You know, that's a good way of starting the new year. Mr. Odio: You're talking about the restaurant? OK, I... Mayor Suarez: We have, on 57, one appointment by myself, one by Commissioner Kennedy, and one by Commissioner Carollo. Mine is... Mr. Carollo: Yeah, mine is Ileana Ferrera. Mayor Suarez: Mine is William Goldrich, who was already on that, for a reappointment. Do you want to... I'll entertain a motion on those three. Mrs. Kennedy: So moved. Mr. Dawkins: Commissioner Kennedy named hers? Mr. Plummer: Who's the third one? Mayor Suarez: You said yours. Mrs. Kennedy: Bruno Barreira, Jr. Mr. Plummer: Oh. 94 January 8, 1987 x Mr. Carollo: Who? Mr. Dawkins: Move... Mayor Suarez: Bruno Barreira. Mrs. Kennedy: Bruno Barreira, Jr. Mr. Plummer: Bruno Barreira, Jr. Mrs. Kennedy: Junior. His father served. Mr. Dawkins: Move on the name... (INAUDIBLE SECOND) Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-41 A RESOLUTION APPOINTING THREE INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY. (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. ------------------------------------------------------------------------------ 46. REAPPOINT DONALD MARCH, JR. AND ROBERT WEILBACHER TO THE FIRE-FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST. Mayor Suarez: Fifty-eight. Mr. Dawkins: I move the recommendations of the... Mayor Suarez: The two units? Mr. Dawkins: ... bargaining agencies. Mrs. Kennedy: Second. Mr. Plummer: Which one are we on? Mayor Suarez: The collective bargaining agents, 58. Mrs. Kennedy: The Fireman Board Retirement. Ms. Hirai: Fifty-eight. Mayor Suarez: FireFighters have their recommendations. Mr. Plummer: Who are the recommended? 95 January 8, 1907 Mr. Dawkins: The Police recommended... Mayor Suarez: Donald March. Mr. Dawkins: And the Fire... Mayor Suarez: FireFighters, Robert Weilbacher? Ms. Hirai: Yes. Mr. Plummer: Have they been elected by the membership? Mr. Dawkins: Yes. UNIDENTIFIED SPEAKER (OFF MIKE): Yes. Mr. Plummer: So be it. Mayor Suarez: Call the roll on that motion and a second. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-42 A RESOLUTION REAPPOINTING TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002, SECTIONS 40-201 AND 40-202 FOR SPECIFIED TERMS OF OFFICE. (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. 47. APPOINT BILL DE LA SIERRA, SHARON FADDY, AND EURSLA WELLS TO THE AD HOC MINORITY ADVISORY COMMITTEE FOR MIAMI ARENA. ------------------------------------------------------------------------------ Mayor Suarez: Item 59. I have one appointment, from what I understand, and I... Mrs. Kennedy: And I have one. Mayor Suarez: You have one? Mrs. Kennedy: Um-hmm. Mayor Suarez: I nominate Bill de la Sierra for mine, from the Associated Builders and Contractors. Mrs. Kennedy: I nominate Sharon Eaddy, E-a-d-d-y. Mr. Plummer: Is that the only two? Mrs. Kennedy: Yeah. 96 January 8, 1987 NOW Mr. Carollo: No, I have one, that I'll bring back some time this afternoon. Mr. Plummer: I have one also? I'll have to defer out on that. Mr. Dawkins: I have one too? Mayor Suarez: OK. Each Commissioner... Mr. Dawkins: I put Eursla Wells, Dr. Wells' wife. Mayor Suarez: OK. We have three nominated, and two pending. Can we entertain a motion on the three that have been nominated. Mr. Plummer: So move. Mrs. Kennedy: So move. Mayor Suarez: Moved. Do we have a second? Mrs. Kennedy: Second. Ms. Hirai: Yes. Mayor Suarez: Leaving open the other ones, moved and seconded. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-43 A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF THE AD HOC MINORITY ADVISORY COMMITTEE FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE MIAMI ARENA. (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. 48-A. DISCUSSION OF CONSTRUCTION OF FIRE STATION NO. 4. 48-B. OPEN BIDS: CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT PHASE II. ------------------------------------------------------------------------------ Mayor Suarez: And the last item of the morning, open the bids; 11:25 it was scheduled for. Mr. Plummer: What was the projected cost? Mr. Carollo: We're not keeping up with the agenda again. I tell you, we ought to get Ferre in here and straighten it out. Ms. Hirai: Mr. Mayor, these are... Mr. Plummer: What was the projected cost of the project? Mr. Carollo: It wasn't this bad with him, before. 97 January 8, 1987 Mr. Don Cather: One hundred and forty-five thousand. Mr. Plummer: Read the bids. Mr. Carrillo: I'd like to give you a break in that Virrick Gym. Ms. Hirai: These are bids for construction of Allapattah Highway Improvement, Phase II, Project B-4507. Mr. Odio: Commissioner Carollo, for the record, excuse me, they did pay what they owe us. Mr. Carollo: When did they pay? Mr. Carlos Garcia (OFF MIKE): Fifty thousand. Mr. Odio: When did they pay? Mr. Carollo: When, when? Mr. Garcia (OFF MIKE): Well, it was made in two payments. I don't know the exact dates. Mr. Plummer: Yeah, but when is that place going to get constructed and get open, where we can really get some payments? Ms. Hirai: Mr. Garcia,... Mr. Plummer: Well, wait a minute, wait a minute. Ms. Hirai: ... on the microphone. Mr. Plummer: Has construction commenced? (INAUDIBLE REPLY) OK, did... Mr. John Gilchrist: It is under construction, sir. Mr. Plummer: And what is a completion date? Mr. Gilchrist: Hold on, one second, I've got that. Mr. Plummer: Well, I think that's important! Mr. Gilchrist: It's... they're meeting the requirements of the contract, and I will get the exact date for you. Mr. Plummer: Bring it back this afternoon. Mr. Odio: (INAUDIBLE COMMENT) Mr. Plummer: It's horrible -looking. Mayor Suarez (OFF MIKE): OK, bring it back in the afternoon. Ms. Hirai: First bid is from PNM Corporation. Mr. Carollo: Incidentally, if I may, while we're in the same subject. I read in the paper, Miami Today, that the distinguished manager for Becktell, the construction company that they were going to use in the project. You know, the one that Secretary of State Schultz was chairman of, and Secretary of Defense Casper Weinberg was the board director of a few years back. And they said that they had lost hope in bringing that project back. In fact, the statement that the gentleman made was that he thought there was a good possibility that the City would call them back and tell them that we wasted enough time, and, you know, maybe the very same team would come back to develop it. Then I read in the Miami News, in an article,... Mr. Odio: Don't believe what you read in the papers. Mr. Carollo: ... the present Mayor and the former Mayor were discussing it; that the present Mayor said that he wanted for it to come back again. So, I was just curious if the administration has heard anything,... 98 January 8, 1987 Mr. Odio: I haven't made any calls. Mr. Carollo: ... that I haven't yet. Mr. Odio: I think you don't believe what you read in the papers. And the other thing is, I want to ask who mentioned Watson Island in the first place. Mr. Plummer: Atlantis. Mr. Carollo: Well, maybe they're hoping that I won't be around, and maybe they can pull it off. Mr. Plummer: All right, you're saying, Mr. Gilchrist,... Mr. Carollo: Don't be disappointed. Mr. Gilchrist: August 187 Mr. Plummer: Mr. Gilchrist, you're saying that that place is to be completed and open in August of this year. Mr. Gilchrist: Yes, sir. Mr. Plummer: OK. Mr. Dawkins: What place is this, that's going to be open? Mr. Gilchrist: Fire Station No. 4 is a restaurant facility. Mr. Plummer: Station... Ladder 4. Mr. Carollo: Can we get a complete report on that? Mr. Gilchrist: Yes, sir, I'd be more than happy to do that. I will do that. Mr. Plummer: What about the bids? Ms. Hirai: All right, Commissioner. The first one is from PNM Corporation, total bid $1,968,156.50. Next is from P.J. Constructors, Inc., total bid $2,527,266. Next is from Alfred Lloyd & Sons, total bid $2,392,294. Next bid is from Delgado Paving, Inc.,... Mr. Plummer: From who? Ms. Hirai: Delgado Paving Inc., total bid $1,848,670. The next bid is from Miri Construction, Inc., total bid $2,222,591; and a bid from M. Vila & Associates, Inc., total bid $1,838,021. Mr. Mayor, those are all the bids. Mr. Plummer: And repeat the name of the last bid, since that was the lowest bid. Ms. Hirai: M. Vila, V-i-1-a. Mr. Plummer: I move, Mr. Mayor, that the bids be sent to the appropriate department for tallying and bringing back a recommendation to this Commission. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-44 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT PHASE II B 4507; FURTHER REFERRING SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME. 99 January 8, 1987 Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 12:10 P.M. RECONVENING AT 2:37 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER CAROLLO. 49. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS FOR DEVELOPMENT OF A FULL - SERVICE MARINE -RELATED FACILITY AT 2640 S. BAYSHORE DRIVE (PRESENTLY MERRILL STEVENS) Mayor Suarez: Item 61, John. Mr. Gilchrist: Since we did have a public hearing at the last Commission Meeting and you did authorize us to issue the R.F.P. Mayor Suarez: Item 61, is this the...? Mr. Gilchrist: Item 61 is the Merrill Stevens, property and we saw that there were enough changes in it both from the legal review as well as comments that were made by the Commissioners that were not incorporated into the authorization and comments that the Manager had given me, that we determined that it would be better to come back to the Commission before issuing it with those changes in it, so that you have one more time to review those issues. Mr. Plummer: This is on the boat yard. It's prejudicial, I think, at this point to call it the Merrill Stevens. Mr. Gilchrist: I understand. I thought maybe that would help you identify this site. ----------------------------------------------------------------------------- NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 2:41 P.M. ----------------------------------------------------------------------------- Mayor Suarez: We'll just call it the M.S. boat yard. Mr. Plummer: The M.S. Bounty. The M.S. is the name and the Bounty is what we hope to receive. Mr. Gilchrist: It's referred to as 2640 South Bayshore Drive site. Mr. Plummer: John, let me ask you just a question that's been asked of me. In reference to the restaurant, it was my understanding or maybe my comments or someone else's up here, that a restaurant was not to be like, say the Charthouse, but an accessory use, like Dirty Harry's over here. Is that correct? Mr. Gilchrist: Captain Dicks. Mr. Plummer: You use your terminology. I'll use mine. Mr. Gilchrist: What we did was to reclarify that. Mr. Plummer: We put in to this Commission.... 100 January 8, 1987 Mrs. Kennedy: Related to the marine, not a restaurant per se, snack shop, that type of thing. Mr. Gilchrist: Marine related. Mr. Plummer: In other words, do we understand...? Mr. Gilchrist: I understand. We limited the square footage instead in this. We're proposing to limit the square footage. Mr. Plummer: Do we understand that the basis of it is that all the retail is a accessory use to the boaters primarily? Mr. Gilchrist: Yes, sir. Yes, sir, we define it. Mr. Plummer: It doesn't mean that someone from the public can't come in and buy something, a hot dog or a pair of boat shoes or something like that. Mr. Gilchrist: Marine related. Mr. Plummer: Well, no, that's a different story, marine related. Yes, marine related, but an accessory use for the principal users of the facility. Mr. Gilchrist: I understand what you're saying. Mr. Plummer: But marine related doesn't speak o.... Mr. Gilchrist: I also want to add to this marine related, because we were trying to get them to deal with ship stores, etc. Mr. Plummer: What is the present wording...? John, I want to be comfortable. Comfort to me is that the retail space is marine related accessory use to the principal users of the facility. O.K.? Mr. Gilchrist: Yes, sir. That will be in it. Now, in terms of what you asked about in the restaurant, we had said food and beverage services within the 20,000 square foot marine oriented related to the users, etc. We also in this version of it have limited not to exceed 3,000 square feet. Mr. Plummer: Does that also preclude a liquor license? Mr. Gilchrist: That precludes a liquor license. Mr. Plummer: O.K., that's, I think, the key. Mr. Gilchrist: It's a question that you all may want to address. Mr. Odio: In order to have a liquor license, you must have at least 4,000 square feet. So if you have 3,000, you cannot get one. Mr. Plummer: But they can sell beer and wine. Mr. Gilchrist: They can sell beer and wine. Mr. Odio: Yes. Mr. Plummer: O.K. Mr. Gilchrist: But it precludes a liquor license. Mr. Plummer: O.K. Mr. Gilchrist: 4,000 foot allows a liquor license. Mrs. Kennedy: Yes, but this is not meant to be an entertainment center, so we don't care about the liquor license. Mr. Gilchrist: I'm saying it's at 3,000 now. Mr. Plummer: Now, with these R.F.P.s, let's assume you will be putting them out when? On the 17th of January is when we're proposing to.... 101 January 8, 1987 Mr. Plummer: And how long will the R.F.P.s be....? Mr. Gilchrist: 90 days is required under the City. Mr. Plummer: Then they will come back to that select committee? Mr. Gilchrist: Right. Mr. Plummer: And that select committee will then take how many days to review? Mr. Gilchrist: I have to look it up. Mr. Plummer: When did it come back before us? Mr. Gilchrist: One second. I have to get the schedule page before I... Mr. Plummer: That's why I have a problem. Mr. Gilchrist: Let me read what's in here. The April 20th day is the day it's due. Mr. Plummer: April 20th, O.K., 30 days I would assume is the normal review. Mr. Gilchrist: Recommended to the City Manager is September loth. Mr. Plummer: No, no way, no way! Mr. Gilchrist: The reason we did that.... Mr. Plummer: No way! Mr. Gilchrist: That's fine, we can, but you asked us to get appraisals in between on all of those. Mr. Plummer: Sure, you can get appraisals in 90 days. Mr. Gilchrist: O.K., you tell me when you want to do it. Mr. Plummer: Hey, as far as I'm concerned, you go out on the 19th of January, according to this, you come back on the 20th of May. Correct? Mr. Gilchrist: 20th of April, the proposal submission.... Mr. Plummer: I'm sorry, April, you got 30 days for the firm.... Mr. Gilchrist: Acquisition of appraisals. Mr. Plummer: O.K., I want it back on the first meeting in June, as per recommended by the Manager. Mr. Gilchrist: Yes, sir. Mrs. Kennedy: Mr. Manager, I'm very glad that you were able to incorporate the recommendations of this Commission and the public. Mr. Odio: They're not recommendations, boss, they're orders. Mrs. Kennedy: Well, I'm more subtle than you are. Mayor Suarez: Assuming that's the case, do we have anyone from the public here that wishes to be heard on this item, 61, the R.F.P.? Mr. Plummer: Spencer and John. Mayor Suarez: Please step up to the mike. Mr. Spencer Meredith: Good afternoon, my name is Spencer Meredith. I'm president of Grove Key Marina. Just for the record, I would like to get some comments in on revisions that have taken place in this bid spec package. I know an awful lot of work ,has gone in to it and I know everybody's very eager to get it out, but there is what appears to be a typo, but it's an important 102 January 8, 1987 one and I wanted to mention it. It's on page 14 and 15. It refers to boat storage being only inside the hangars. If you recall on the meeting we had before, it was only outside. Actually, from a practical point of view in a marina, you should have it both inside and outside. Mr. Gilchrist: We were ordered by the Commission to allow it inside, and what we have said is any boat storage must be in a covered structure. That means any new construction cannot be exposed visually to the public. We want to have any construction of boat storage to have side walls and a roof over it, so that it's a covered structure, aesthetically. Mr. Plummer: Why? Mr. Meredith: I can understand that, but.... Mrs. Kennedy: But you know, this makes a lot of sense. Economically, it's better to have them both inside and out. Mr. Plummer: No, that's not the point. The real money maker in a boat yard is the racks. Mr. Gilchrist: Yes, but we're allowing racks. We simply want side walls on the racks, so that we don't look at the racks. Mayor Suarez: That's covered? The side walls are covered? Mr. Gilchrist: Covered roof and side walls. It's a common way to build racks. Mayor Suarez: Sounds like an interesting side wall there. Mr. Plummer: John, obviously, you're not a boat man. Because every time you do one of these things, what you do is increase the rates. You know, most guys that own a boat can afford a boat cover. If they don't, they take the choice. Now all I'm saying is to have boat storage in racks is where the real money in this thing is. That plus the other things. Mr. Meredith: Excuse me, can I clarify what my intent was, because I'd really like to make a point which is a little bit different. In the case of our operation over there at Grove Key, we do have rack storage outside and we deal with smaller boats, but Merrill Stevens, this property, is going to be dealing with larger boats. Mayor Suarez: Are those covered? I mean, do they have any kind of cover at the top? Mr. Plummer: No. Mr. Meredith: No, we don't. We have a lot of boats stored inside the two hangars, but they're too large to put into racks. The present use of the Merrill Stevens property right now, if you go over and look at it right now, you'll see there are a lot of boats outside. Some of them are very, very large boats. You have to envision in the future that there would be boats outside. The purpose of the facility is the marine servicing function. Boats come in to have work done on them. Suppose the boat sits there for two months while you're waiting for some parts or waiting for an engine. Is it stored? Are you working on it? You really would be... I think you'd have a legal problem if you left the language exactly as it is. I don't believe that was your intent. I'll comment, one other thing in terms of aesthetics. On a day like this if people were going to go down and walk through that facility, I think they would prefer to look at a variety of boats out in the sunshine, rather than a wall of a building. There really isn't anything, from a boater's point of view, unanesthetic about looking at a boat, so I would hope that you change that language to be both inside or outside, whatever the technical language is. Mr. Plummer: I think the flexibility ought to be there. Mr. Carollo: You know, walls have a way of extending. Mr. Meredith: The idea is not to build outside rack storage, because I would question personally from being in the business whether that is really the 103 January 8, 1987 right thing to do there, but you have boats which are much too large to put in racks. You know a 45-foot boat.... Mr. Gilchrist: Spencer, we were not reflecting on boats on cradles to be covered. Mr. Meredith: That's what I'm talking about. Mr. Gilchrist: What we were talking about is having an architectural treatment to the structure that houses the boats in stacks. I went to a builder and asked the cost of doing that. Four hundred boats in dry storage with side walls and roof came to a half a million dollars. It was not excessive in terms of what it was. I thought from the view of Sayshore and so on, that we wanted to have some better aesthetics than looking at a stack of boats there. Mr. Plummer: Somebody has to pay that half a million dollars. Mr. Gilchrist: Well, that's including the boat storage. I mean, that's not a.... Mr. Plummer: May I suggest to the Commission that we do into the R.F.P. the flexibility of either and/or. I think that would be a good thing. Mr. Meredith: Thank you. Mr. Gilchrist: We will judge the.... Mayor Suarez: Make that into the form of a motion? Mr. Plummer: Well, I've got others, Mr. Mayor, for clarification. Our revenue, the City's revenue depends on what? Their gross? Mr. Gilchrist: We're saying in this revised one that there is a minimum guaranteed rental of $350,000. Mr. Plummer: That's minimal? Mayor Suarez: Is that compared against some kind of percentage of gross or net? Mr. Gilchrist: Well, that's a minimum, wherever it comes from. Then they can offer a percentage beyond that. Mr. Plummer: So in other words, but it's based on gross only. Mr. Gilchrist: Yes, sir. Mr. Plummer: My question comes to you, how about who sets the rates? Will they exclusively set the rates, or will this City Commission keep some control over it? Mr. Gilchrist: We did not say that the City Commission would have control. Mr. Plummer: I'm just asking because when you start talking about gross, that's a question that has to be asked. Mr. Gilchrist: Right, I understand that. I have a grave concern with this entire package as to whether it's a viable feasible project someone can bid on. I think you may want to give the marketplace some flexibility in determining those rates. Mr. Plummer: Well, then I go.... Mr. Dawkins: Pardon me, J.L., like what, flexibility like what? Mr. Gilchrist: Setting the rates for the storage of the boats. Mr. Dawkins: What's the difference in what they're going to charge and what they're already charging? Mr. Plummer: Competition. 104 January 8, 1987 17, Mr. Dawkins: All right then, that's the name of the game. Mr. Meredith: Commissioner Dawkins, if I could respond to that. I believe that in most of the current leases on marinas, I know certainly in ours, the City Manager... in other words, if we want to raise storage rates, we write to the City Manager and say, "Look, our rates are now this; we'd like to raise our rates to this. This is the reason why. This is what other marinas in the area are charging." He grants his permission. If it is a reasonable request, i we raise the rates. You have to do that periodically because of C.P.I. changes and you know, things like that. The City does have the right to certainly keep us and I believe the other marinas as well, from charging exorbitant rates, but the market place itself would also keep that from happening, because if you charge too high, you charge above everybody else, no one will stay there, that's all. Mr. Plummer: Well, let me tell you my fear, Miller. You know, when you set your rates, you can be very selective in your clients. That's my concern. Also, which leads to the next step, Mr. Gilchrist, is what size boats, where this is open to the general public, and we all mostly understand that presently over there are large boats. If you're open to the general public, does it spell out anywhere in the R.F.P. that you've got to rent it to a 60- footer or if the 30-footer is next in line. I am saying what provision or safety do we have in there that this marina will be open to the general public? Mr. Gilchrist: Well, there's two things, I think, you may understand. That one is that the agreement with Spencer Meredith limits his boats up to and including 28-foot boats, and the new facility we're talking about is any boat in excess of that. I just want to put that in the content, sir. Mr. Plummer: You're not finding my area of concern. We know that over there presently a lot of those slips are for 60-footers. If the operator so desires, he fills it up with 30-footers, which half of the revenue of what his potential. Based on that, our return to the City is.less. E Mr. Gilchrist: If you have a 60-foot slip, you rent it as a 60-foot slip, not for a 30-foot boat. Mr. Plummer: But what is in there to say that.... Mr. Gilchrist: That will be in the contract. It's not really in here. Mr. Plummer: Then you're saying it's covered. It's going to be protected in the contract. Mr. Gilchrist: It will be protected in the contract. I wanted to say, though, the one thing. In terms of dry boat storage, that is rack storage. You can't go much beyond the 32-foot boat, just so you understand that. They have a limited range there that's going to be from 28 to 32 feet. There isn't going to be a great demand in that limited dry storage. Mr. Plummer: You're talking about dry. Mr. Gilchrist: Dry storage, yes, sir. Mr. Plummer: The big demand is wet. Mr. Gilchrist: Yes, sir. Mr. Plummer: Have you written into the R.F.P. a percentage of the subs for the City? The operators get a set percentage. A guy calls a mechanic or a carpenter and he says, "Come work on this boat." The yard normally will take a ten percent or fifteen percent or whatever agreed upon percentage for the yard. Where does the City figure in on this? Mr. Gilchrist: The City would get its percentage of the gross that he makes from that. Mr. Plummer: The gross of what he makes on that percentage or the gross of the repair bill? 105 January 8, 1987 V Mr. Gilchrist: In this case.... Mayor Suarez: Can they split up any invoice or any contract in any way so that we don't get a percentage of the entire transaction that takes place? Mr. Gilchrist: Let's say that you bring your craftsman in, and he works and he pays to the operator ten percent of the cost of his doing his work. We get a percentage of that ten percent. We don't get a percentage of... unless you tell me otherwise, we don't get a percentage of the contract. Let's say the contract is for a hundred dollars; and he gets ten dollars, the operator. We get a percentage of the ten dollars, not a percentage of.... Mr. Plummer: See, that's the point. For really doing nothing but operating a boat yard, because he's already getting a storage fee, an outside mechanic or laborer comes in and does work and he gets a ten percent flat fee for doing nothing. I'm not saying that's wrong; I mean, he's entitled to something. What is written into this contract if a boat is sold on the premises? Mr. Gilchrist: Well, we don't have the contract yet, sir, but we can.... Mr. Plummer: You see, John.... Mr. Gilchrist: Well, let me just say, what it was based on was that if he gets a fee for selling the boat, we get a percentage of that fee. Mr. Plummer: But is it spelled out in the R.F.P.? Mr. Gilchrist: It's not in the R.F.P. in that detail, but we get a percentage of his gross. But I'd be glad to put it in the R.F.P. Mrs. Kennedy: And you will have it in the contract? Mr. Plummer: But what happens if he ... John, he sets up a separate company. Mr. Gilchrist: I understand that problem. It happened up in Ft. Lauderdale. I understand. Mr. Plummer: It happened here! Mr. Gilchrist: And we have to protect ourselves against that potential. Mr. Plummer: But John, if you don't spell that out in the R.F.P. and you come back to a contract, and the guy says, "Hey, that wasn't part of the provisions I bided on." Do you understand what I'm saying? Mr. Gilchrist: Yes, I understand. Mr. Plummer: All right, the final thing. What provisions absolutely spell out the public walkway along the water? Mr. Gilchrist: Essentially, what we have said in here, and I'm not quoting from this, is that we want the public to be able to go from north to south across the property, and if we limit it to the water edge, then we eliminate their ability to get insurance to haul in and out boats, so we're looking for creative architectural solutions, like going over it or around it in some way integrated into the site. I think if you limit it to building a baywalk there, you can't operate a full -service marina. Mr. Plummer: Well, I disagree with you. I disagree. Mr. Gilchrist: Tell me what you would like me to do. Mr. Gilchrist: What I'm going to say to you is here's the hoist. You have a baywalk up to that point with a cross bar and one on the other side that's closed when they're hoisting in and out. Mr. Gilchrist: That's an acceptable solution to it. Mr. Plummer: You know, I guess Monty and all of the rest of them could have said the same thing. Hey, put it in the front of our property, don't put it back on the valuable side. Dupont Plaza could have done that. Pavilion could have done that. Bayside could have done that, and the Miami Herald could have done that. 106 January 8, 1987 Mr. Carollo: Not the Miami Herald. Mr. Plummer: No, Miami Herald did in fact, they didn't like it, but they did give in and gave the public the right to the walk way. Mr. Carollo: You know what makes me realize even more about having this discussion, that here's a place like Miami, one of the "boating capitals" of the United States, if not the main boating capital. We have warm weather year round. We probably have more people in small boats than anyplace else in the country, and we seem to have forgotten completely about the little guy that might have a small boat fifteen, sixteen, seventeen, eighteen footer that might cost anywhere from $2,000 to twelve, thirteen, fourteen, fifteen thousand. This is the guy that really can't afford to pay $100-$120 a month for dry storage; but nevertheless the zoning regulations and laws that we have now forbids any homeowner from being able to put in their fifteen, sixteen foot boat in any kind of driveway in front of their home. If we really are sincere in trying to make an impact, I think we should look at changing laws where the average Miamian that has a small boat doesn't cost $50,000 or more, can't place that boat in front of their home. Is there any way that we could get your department, John, together with the Law Department to draft some language up to that effect and have it brought up to this Commission at the next meeting? Mr. Gilchrist: We'll be glad to do that, sir. Mr. Plummer: I have no further questions, as long as this Commission, in the final analysis holds approval or disapproval, we can accept or modify or reject whatever proposals come forth. Are you going to advertise just locally? Mr. Gilchrist: The answer to that was intended to be no. Mr. Plummer: I'm just asking. Mr. Gilchrist: We were going to advertise in a broader base. Mr. Plummer: John, if you're not aware, let me give you a sad statistic and it's bordering on what Commissioner Carollo just said. We have lost the title of being the "boating capital." All of my friends who have boats that are big j boats, they all go to Broward County. You look around the Miami River and you f see boat yard after boat yard that has gone out of business. They're not going out of business because of the fact that they contend is high taxes or whatever other reasons. The business is going to Broward. It's up there. I was surprised to learn that a friend of mine took his sale boat all the way up to Ft. Pierce to get it repaired because it was so much cheaper than getting it done in Dade County. Mr. Gilchrist: Yes sir, I'm aware of that. Mr. PLummer: I think we have to remember, and that's why I harped on the rates. That we have to have some competition is good. I'm a very strong backer of competition rules the private sector, but I think we have to have some moderation now that we have seen in the last five years a turnaround. I remember five years ago that if you wanted a space at Dinner Key, you had to get on a waiting list for three or four years. Today they have spaces available. That's because we now have a Plaza Venetia. We have the Miami Beach Marina. We have Miamarina. The County has got, what? Two marinas, and they're getting ready to open a third. We now have almost what you would consider to be a glut of marina space. Mr. Carollo: I disagree with that statement that we have a glut of marina space, J.L. I don't think we're even close to that yet. We have more marinas than before, but not a glut. Mr. Plummer: They're not full. That's why I question why the County is building a new one. Mayor Suarez: Some of the ones you referred to are private. They are not accessible to anyone who wants to.... Mr. Plummer: The County, of course, theirs are public. 107 January 8, 1987 Ll e Mayor Suarez: But you made reference to a couple that are not public. Mr. Plummer: I'm sure that if they have empty spaces, they're open to the public that has the money to pay for them. Mr. Carollo: The County's problem might be poor management, like Netro-Rail and many other things. Mr. Plummer: Monty, I think, is full. I think he has every space over there utilized. What is it at Merrill Stevens? Are you 90% or better? Mr. Gilchrist: I want to point out one thing. Mr. Plummer: Fine. Mr. Gilchrist: Mr. Mayor and Commissioners, because of my concern about the feasibility of this and whether in fact we're going to get bidders when taking in total context, not having the restaurant, having an obligation to put in a certain amount of capital improvements into it. I wrote something in here which you may not agree to and I want to point it out. On page 7, I'll just read the paragraph: "City owned property is held in public trust and cannot mortgaged or subordinated in any way as a part of the lease agreement. The City is prepared, however, to accept the secondary position of lease payments, a form of subordination to the extent determined to be reasonable in helping the successful proposer obtain financing." What that would do, essentially, is allow him to do his debt service before meeting the minimum rent payment. Now, he can't make a profit because if he... to the extent he makes that money, he has to put it into this up to the three hundred and fifty thousand. I thought that without something like this in here, there was not sufficient enticement for bidding on it. I can tell you that we've.... Mr. Plummer: Is it payable back over the remaining years? Mr. Gilchrist: It can be, yes, sir. Mr. Plummer: I mean does it build up and accumulate where he's got to pay it eventually? Mr. Gilchrist: Yes. Mr. Plummer: That's written in there? Mr. Gilchrist: That would be in the contract, sir. Mr. Plummer: You see. Mr. Gilchrist: Commissioner, I know how you feel about this. On the other hand.... Mr. Plummer: John, look, it's not how I feel. To me a person in the private sector who looks at this R.F.P. and bids a certain way has every right to expect that there are no hidden things in the contract when you go to negotiations. Now what's wrong with being up -front, truthful, and putting all aspects of what the City expects in the beginning? Mr. Gilchrist: I didn't expect it to accumulate. You're telling me that here now. Mr. Plummer: I'm saying if the City is entitled to X number of dollars and you can't pay us this year, you want a little relief, we get it in the back side. UNIDENTIFIED SPEAKER: Say that again. Mr. Plummer: If for the first three years because of debt service, he can't pay the City minimum of $350,000, that we give him relief for the three years, O.K.? He still owes this City a million one or a million one and a half, and that he pays it in the remaining seventeen years. But that's at the City's option. 108 January 8, 1987 1] Mr. Carollo: What if the guy goes broke in the meantime? Mr. Plummer: We take it back over. Mr. Gilchrist: We take back the property. Mr. Carollo: We take it back. Mayor Suarez: But we don't get the money. Mr. Plummer: We buy you a sailor cap and put you in charge of marinas. Mr. Gilchrist: No, he would have had capital investment in there that would have to be accounted for. Mr. Odio: That's why the years are tied to capital investment, and anybody that has... is buying in to a lot of years will be very reluctant to walk off. Mr. Plummer: He will be the "hydroplane capital" of the world. Mrs. Kennedy: Another one of Stuart's projects. Mr. Gilchrist: I would still tell you because I talk to the people, some who are potential proposers. I think we have a very marginal project in terms of whether we're going to get proposers or not. Mr. Carollo: Who did you talk to, John? Mr. Gilchrist: For instance, Spencer. He may want to comment on that. Mr. Meredith: I'd like to when I get an opportunity. Mr. Carollo: You got it. Mr. Meredith: Thank you. Several of the comments I was going to make have already been brought out in discussion, but I will just summarize my particular point of view on it. One, I think that when you very clearly resolve the issue of the restaurant by limiting it to 3,000 square feet, there's no question in anyone's mind what you have in intent. I think for the marine community's point of view, there's no objections on the part of anyone to that, because it makes it clear this is to be a marina, marine services facility. But it does have an impact on the type of income you can expect from the property and the types of investments you make in the property. I think we kind of glossed over that. You're looking at a four million dollar investment for a marina of a type which is very similar to what's there right now, the type that's been operated by Merrill Stevens for the last fifty years, it's a marine facility serving the marine community. The debt service on four million dollars is going to be somewhere close to $40,000 a month. Now you're looking for 350,000 minimum annual guarantee. That's close to $30,000 a month. Now that's close to $70,000 a month before you open your door, turn light bulb or hire your first employee. That's a big nut. I don't know much exactly Merrill Stevens is paid each year over the last 50 years, but I'll make you a bet that there's been no one year in that 50 years when they've paid the City $200,000. And that's not on a minimum; that's the gross of whatever they produced. To go from two hundred to three fifty is a big jump. Now Commissioner Plummer brings up some of the concerns about.... Mr. Plummer: Wait a minute! What was their percentage? Mr. Meredith: I think they're paying pretty much standard across the board. They're paying ten percent on storage and five percent on repairs. That's about what everybody else is paying. Mr. Plummer: Just for the record, as I recall last year.... Mr. Carollo: John, what are they paying? Mr. Plummer: $129,000 last year. Is that correct? $129,000, I think, last year. 109 January 8, 1987 Mr. Meredith: Well, that's a long way from three fifty. You know, a lot of the points you brought up are problems that relate to.... Mr. Gilchrist: I don't think it's fair to surmise what they've been paying. I'd like to know what those real numbers are. But I think they believe that they're different than what we're being told here. Would you like to hear from them as to what they paid to the City? Mr. Plummer: What they paid to the City? I'm going on what the Administration told me, $129,000. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Please come up to the mike. Mayor Suarez: No, we need it for the record, please. We need it in the transcript. Mr. Plummer: There's no extra charge up here. Mrs. Kennedy: Besides, your honor is no longer with us. Mr. James C. Merrill, Jr.: My name is James C. Merrill, Jr., associated with Merrill Stevens Dry Dock. I'm just here to tell you that what Commissioner Plummer has said that we paid $129,000 is wrong. I don't know where you get your figures from, Commissioner. Mr. Plummer: Right here, sir. Mr. Manager. Mr. Odio: We'll verify them. Mr. Merrill: Fine, you're going to verify them? Mr. Odio: How much did you pay? Mr. Merrill: No, I'm not here to say that. Mayor Suarez: You don't know? Mr. Merrill: Certainly I know. Mayor Suarez: Please tell us if you know. Mr. Merrill: In excess of $200,000. That's far different from $129,000. Mayor Suarez: We'll be checking to see who's closer to.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Merrill: That's right, and he's right. But you don't have the exact f igures. Mayor Suarez: Well, we'll have them. He didn't say that he had them unless he had them. Mr. Merrill: Well,... Mr. Plummer: Yeah, I'd like it. Mr. Merrill: ... he's passing them on to Commissioner Plummer. Mr. Plummer: Yes, sir, he sure did. Mayor Suarez: Thank you for that clarification on the record. Mr. Merrill: And Commissioner Plummer evidently is saying it is a fact. Mr. Carollo: I'd like to find out what happened to the other $70,000. Mayor Suarez: Thank you for the clarification on the record, although we still don't know the exact figure, you've told us it's more than $200,000. 110 January 8, 1987 Mr. Meredith: Well, that surprised me, because my information was that it was on the down side of $200,000, but at any rate, even if it's over $200,000, it's a long way from 350, and I don't believe they're carrying $4,000,000 in debt service at the same time. A lot of the points that you raise, Commissioner Plummer, about setting rates, and competitive aspects of the thing, and trying to maximize the property, are just automatically resolved by the fact that whoever operates that property is going to have a very big gun at their head, to produce. It isn't going to be an easy job to try to cover a nut that big, assuming somebody wants to take it on. It is a big, big nut. Mr. Plummer: Yeah, but wait a minute, let's be also honest, OK? How many square feet of retail does Merrill Stevens have presently? None, basically, OK? Now, we're putting in this... Mr. Gilchrist: Twenty thousand. Mr. Plummer: Twenty thousand square feet, and what's a legitimate square footage down there, $20? Twenty dollars. OK? Well, you multiply $20 times four... 20,000 square feet, and see what you come up with. Mayor Suarez: Four hundred thousand. Mr. Meredith: Well, that would help, no question about it. Mr. Plummer: Wait a minute. Now, how many racks does Merrill Stevens have? None. Mr. Gilchrist: I would say none. Mr. Plummer: OK, they've got no racks. Racks... what do you charge for a 30- foot boat, 28-foot boat? Mr. Meredith: I think about $165 a month. Mr. Plummer: OK, $165 a month, which is something they can have as new revenue, they've never had before. And how many racks are they putting in? Mr. Gilchrist: Use 400,000 as a number. Mr. Plummer: Four hundred thousand for the boat racks, is that correct? Mr. Gilchrist: Four hundred. Mr. Plummer: Four hundred boat racks? Mayor Suarez: Four hundred racks. Mr. Gilchrist: Boats, yeah, times a hundred. Mr. Plummer: So, you multiply 400 times $165. Now, you know, I don't think it's as marginal as... Mayor Suarez: Sixty-four thousand. Mr. Meredith: I hope you're right. Mr. Plummer: Well, we'll find out. Mr. Meredith: (Laughing) That's right. Mayor Suarez: You know, you seem to be saying that you're not going to bid, or that it's not really going to be profitable to bid, and, at the same time, we know that there's enough variables in this that, depending on your proposals, you know, the whole thing can work. I mean, we're leaving enough open here, we've made all the modifications that you've otherwise requested, and let's see how it goes, you know. Mr. Meredith: Well, my point, the point I wanted to make originally, I was very concerned over the first draft, and I wanted to raise some points about this, because until there is a final bid spec package actually out on the street, nobody really knows for sure whether they will or won't bid on it, in my opinion. I think you have to wait and see what the final version is. The 111 January 8, 1987 concerns that I have, being a conservative businessman, is that the monthly debt service, plus the monthly minimum guarantee to the City, is a pretty heavy, heavy load to carry, and from a bidder's - potential bidder's - point of view, I would rather see that open, and take my best shot at it, and if it's not the highest, it's not the highest, and they don't win. Mayor Suarez: We can't... Spencer, we can't leave it that ambiguous. We've got to set at least some goals initially. If nobody bids, we go back and try it again. We've got to try to get some return, and this is the best figures we've gotten from our staff. I'm not an expert. J.L. seems to know a heck of a lot more than I do, certainly. But, these are the figures that we've got to iwork with. Mr. Meredith: Well, I think the property's a very attractive one, and I'm sure it will attract a lot of attention, as it has over the last year or so, and I think that we just all have to wait and see what the final package is. Mayor Suarez: And the use that is projected under this bid specs that we're talking about, is the correct one, I think. We've all worked on it, we've had input from everyone, for the first time, perhaps, in a long time, from all the boards and all the marine groups, and I think it sounds like a good package. i The financial aspect of it, and the numbers, is pretty tough to predict. Mr. Meredith: That's... Mayor Suarez: I... Mr. Meredith: That's what going to be the real challenge on it, and... Mr. Plummer: Is there any provisions for any subleasing, in the contract or in the Request for Proposals, other than the 20,000 square feet? In other words, if they wanted to sublease to any other person, they'd have to come before this Commission? Mr. Gilchrist: Yes, sir. Mr. Plummer: OK. And that could be a separate deal entirely? Mr. Gilchrist: Yes, sir. Mr. Plummer: We're not bound by the original percent. How long do you propose this lease to be? Mr. Gilchrist: Well, there's a... there's... it's a... Mr. Odio (OFF MIKE): It's up to them. Mr. Dawkins: twelve, twenty -twelve. Mr. Plummer: What are the parameters? Mayor Suarez: Yeah, it's a scale - what is it, 15 minimum, 25 maximum? Mr. Odio (OFF MIKE): seven years. Seven years, plus three years automatically. That's ten years. Mayor Suarez: Ten years minimum? Mr. Odio: Ten years minimum. Mr. Dawkins: With a maximum of twenty -twelve. Mr. Odio: With an investment of a million... Mr. Gilchrist: Million five hundred. Mr. Odio: Million five hundred. Now, for every three years that they want to extend the contract, they invest another $500,000.... Mayor Suarez: It's a formula which leads up to a maximum of i what? Mr. Odio: ... to a maximum of 26 years. 112 January 8, 1987 Mayor Suarez: How many? Mr. Odio: Twenty-six years. Mayor Suarez: Twenty-six years. And that's an investment of how much? Mr. Gilchrist: Four million. Mr. Odio: Four million. That would be... and they would get 26 years. They would tie up that property for 26 years. Mayor Suarez: OK. Last one? Please, Spencer. Mr. Meredith: My last comment on that is that I believe that it is in the City's interest, as they have expressed their opinion in times past, to make this straightforward 25-year lease, expiring in 2012, to coincide with Grove Key's lease, because this is going to be the only shot you get to synchronize these two leases. Mayor Suarez: As opposed to the scale. What do you lose with a scale like that, or a formula of that sort? Mr. Meredith: I think the real numbers are the four million and the 25 years, and that's it. Mayor Suarez: Then that's probably what we'll get. Mr. Meredith: And I think anything else is... Mayor Suarez: That's probably what we'll get; we probably won't have anyone biting at the other aspects of the formula there, the other part of the arrangement. Mr. Meredith: And you also have the option to evaluate it anyway, if someone comes in with a lesser term, that's true. Mayor Suarez: Sure, right. Thank you. Doing our arguing for us. Thank you, Spencer, for your input. Mr. Plummer: Is there a time limit, and City control, over the capital improvements? Mr. Odio (OFF MIKE): (INAUDIBLE COMMENT) design Mr. Plummer: Well, in other words, if they get a twenty... Mayor Suarez: How long can they take to do all of this? Mr. Plummer: If they get a 25-year contract, and they've got to spend $4,000,000... Mayor Suarez: Yeah, when do they spend it? Mr. Plummer: ... without any stipulation, they can wait till the 24th year to do it. Mr. Gilchrist: No, we don't allow that, but we did say that... Mr. Plummer: What is... Mr. Gilchrist: ... we would allow phasing, and we would evaluate the... Mr. Plummer: Read me the terminology. Does it say that within twelve months, you must spend half of the money? Mr. Gilchrist: One second. Mr. Odio: It does have to meet the master plan criteria for Dinner Key. i Mr. Plummer: Does the City Commission retain control over design? 113 January 8, 1987 16 0 Mr. Gilchrist: First of all, "the timetable for completion of the proposed construction will be considered, as well as the proposer's plan and commitment to minimizing the impact of construction on use of the site. All proposed development must be completed within an initial specified time period, or if phase development is proposed, a successful proposer must post a bond to ensure that additional phases will, in fact, take place as planned." Mr. Plummer: I don't hear a... Mr. Gilchrist: What we're asking for is a submission that we can evaluate, on their phase development. Mr. Plummer: I would say that it would be reasonable, for whatever time period that they go for, that at least 50 percent of that money must be spent for capital improvements, with design criteria by this Commission, within, say, 24 months? Two years? Mr. Gilchrist: Two years, I think, would be OK. Mr. Plummer: OK, and the remaining portion must be spent within another two years. If not, hey, if I was the guy, I'm not going to make a damn improvement until the last year of my contract, and then I don't have that debt service, that Spencer's talking about. Mr. Odio: Who in his right mind would spend $4,000,000 in his last year of the contract? And, J.L., he wouldn't... Mr. Plummer: The guy that's going to bail out in 23. Mr. Odio: No, sir, he... that... the evaluation of the proposals... Mr. Plummer: Look, it is silent. I would like to see it, and I think it's reasonable, that 50 percent be spent within two years, and the remaining 50 percent be spent in four - 100 percent be spent in four. Mr. Odio: I have the figures here on the rental payment from Merrill Stevens. Mr. Plummer: Of last year? Mr. Odio: For the last... since 1981, if you want them. Mr. Plummer: Well, how about '85 - I guess 185, that's what we were... Mr. Odio: Eighty-five was $191,000. Eighty-four was $175,000; '83, $169,000. Eighty-six was $181,000; 182, one -fifty... Mr. Plummer: It's a hell of a lot more than the $129,000 I'd been told. Mr. Odio: ... and 181 was $165,000. Those are the figures that we have. Mr. Plummer: Fine, fine. Mr. Odio: So, with the rack system in there, and with the retail space,... Mr. Plummer: The rack system, from my figures here, based on Spencer's charges, are $66,000 a month. You charge $165 for 400 boats. Mr. Dawkins: On page 17, item 10, last paragraph, it says, "Minorities are expected to be an integral part of the development team, participate substantially in construction contracts and jobs," and this is the part that gets me: "and comprise a significant part of the permanent management team, as well as all businesses and work forces created by the development." Now, who determines what's "substantial" and what's "significant"? Mr. Gilchrist: Well, I think that's part of... our intention was that was part of the evaluation process, to determine that. But they also must comply with the City ordinances references to minority participation. Mr. Dawkins: But what is "significant"? Ten percent, fifteen percent, 30 percent, 40 percent? Mr. Gilchrist: You and I know ten percent is not significant, sir. 114 January 8, 1987 Mr. Dawkins: So, what you're saying, then, is that 17-1/2 percent of all the jobs have to go to women, 17 percent to Cubans, and 17 percent to Blacks. Mr. Gilchrist: That would be certainly be considered significant. Mr. Dawkins: All right. And of all the permanent management teams, 17 percent got to be Cuban, 17 percent got to be ladies, and 17 percent got to be Black. OK. Mr. Carollo: Don't forget the one percent American Indian. Mrs. Kennedy: Let's say Hispanics instead of... Mr. Carollo: It's important, very important. Mrs. Kennedy: Commissioner, for the... Commissioner Dawkins. Mr. Dawkins: No, the Indians say they don't sell nothing but alligators; they say they're interested in nothing else. And the work force has to be 17 percent women, 17 percent Black, and 17 percent Cuban. Mayor Suarez: Strike that from the record, as a friendly suggestion of the Commissioner. Mr. Dawkins: All right? So, now, that's what... is that what's this is saying? Mr. Gilchrist: I will make it specifically say that, sir. Mr. Dawkins: OK, all right, that's the part I want. OK, thank you. Mayor Suarez: OK? A minute and a half? Half a minute, John? Mr. John Brennan: Only have a few notes, sir. My name is John Brennan, I'm a local citizen. I feel quite comfortable with the restaurant situation, if the rest of the Commission agrees the way... or thinks the way J.L. does, that the restaurant should be an ancillary part of the yard, and that it will, down the road, not a year, not two years, not five years, but be converted to a very large restaurant, with no boat facilities. As .ong as that's understood, I don't have any quarrel with that. I do have a consideration for the debt that's going to be incurred by whoever is the bidder, the successful bidder. To me, this is one place where the City ought to look at the boat yard the way they do at parks - they shouldn't necessarily have to make quite so much money. I know that, that kind of hits J.L., but it's not... if I'm going to put a boat in a boat... Mayor Suarez: We don't care about him; don't worry about it. Mr. Plummer (OFF MIKE): Huh? Mr. Brennan: You don't care about J.L.! (Laughing) I may have to live with him for a while. The bottom line is, what will it cr.st the boater? I'm the boater; I'm the guy that's going to spend the money, and the rates on the river keep going up, and if you set it up so that I can't possibly get my boat in there because of the cost, because it's twice, whatever. A good measure is, buy a beer at Captain Dick's. Has everybody bought a beer at Captain Dick's lately? You want to go in and keep a note of what it costs. Much ado in your RFP about walkways - of course, the staff says, "architectural solutions"; I find no solutions at all to a walkway across... Mayor Suarez: You want no walkway required? Mr. Brennan: I understand that, but... Mayor Suarez: No, you want no walkway required, John? If... Mr. Brennan: No, not in the boat yard, the working area. Finger piers to it, or whatever - that's fine; but, if you remember... Mayor Suarez: Um-hmm, but I mean, so that someone could, theoretically, walk north, south, all the way through? 115 January 8, 1987 P s Mr. Brennan: That's correct. No,... Mr. Plummer: To Peacock Park. Mr. Brennan: ... you should not, you should... Mayor Suarez: To City Hall, or whatever it is. Mr. Plummer: Peacock Park. Mr. Brennan: You should not... no, absolutely. Mayor Suarez: To Peacock Park. Mr. Brennan: That's a work area. Mr. Plummer: You can walk all along the outside here right now. Mayor Suarez: Exactly. Right. You would be willing to give that up - no one could walk all the way through? Mr. Brennan: No, I do not want anybody walking through that boat yard. Mayor Suarez: No? Mr. Brennan: I don't... I don't... as a workman myself, I know that Grove Key has had problems with people getting hurt, driving around in their boat yard, and I know that working... that people milling around in a boat yard is dangerous. Mayor Suarez: But that makes it exclusive. That really doesn't allow, you know, the average person, who doesn't own a boat, and who doesn't... you know, who just wants to go browsing around, and look at the ocean, and look at what's being done out there. Mr. Plummer: John, in no way - in no way, have I inferred that people would be allowed in the boat yard. Mr. Brennan: OK. Mr. Plummer: They can put up a fence alongside of the walkway, but have the public's right to the waterfront. They put up a fence - no, the liability problem if they had to allow people to walk through that boat yard, the liability would be out of question. Mr. Brennan: J.L., I'm in complete agreement with you. That's... Mr. Plummer: But you put a fence up alongside of that walkway, where they can see through it, and I think that's what we're looking for. Mr. Brennan: OK, that's fine. You do know that the Chart House is not accessible to the public, unless you walk through the Chart House. The walkway in front of the Chart House, in order to get to it, you've got to go through the Chart House. It could be accessed... could access that street there, but it does not. Mayor Suarez: Maybe we'll make a deal. Mr. Brennan: And I don't know how you feel about... Mayor Suarez: Maybe we'll make a deal with them, or if they're subtenants, which I believe they are, of Grove Key Marina, maybe we can get them to, you know, give us some kind of a concession or an easement, or something. But that's a good point. Mr. Brennan: Well, that's a sort of a down -the -road thing. I did notice that in the presentation, there was a note that says that all sorts of visual aids would be acceptable, except for models. Now, I've seen a lot of models here, and I thought that was a little weird, and I kind of passed it on. 116 January 8, 1987 0 Mayor Suarez: I have no idea why that's in there. I don't even know what it means. Mr. Brennan: Well, you build a model out of sticks and stones, on a big platform, with buildings and so forth, that show what the future of the yard is going to be. Mr. Plummer: Oh, oh. Mr. Brennan: You've seen these here. People... Mr. Plummer: The plot plan by a model. Mayor Suarez: Is that what that means, you can't show up with a model of some sort - is that what you're talking about? Mr. Gilchrist: We had, in both Bayside and other projects, a major issue among proposers, in terms of the cost of construction... constructing models, and... Mayor Suarez: I see. We don't want them to have to... the one with the most money... Mr. Gilchrist: One comes in with a model... Mayor Suarez: ... to show us the nicest model, to be the one that... that's interesting. Mr. Plummer: It's an option if they want. Mr. Gilchrist: It's an option. Mayor Suarez: Oh. Mr. Brennan: No, it's not an option! It's not an option. Mayor Suarez: Well, wait now, which is it - is it an option, or are we prohibiting it? Mr. Brennan: As it stands... Mr. Gilchrist: What we're considering is not the model. They can bring the model in, but we're going to evaluate the drawings, and so on. Mayor Suarez: Well, I have a feeling if they did show up with a model, the Commission would look at it. Mr. Gilchrist: Then it shouldn't be an option, sir. Mr. Brennan: It does say that... I just happen to know that one of the proposed... potential... Mayor Suarez: You can't really prevent somebody from building a model of what it's going to look like,... Mr. Brennan: Well, he... Mayor Suarez:....and trying to show it to us, and we'd look... I'm sure we'd like to. Mr. Brennan: Somebody already has one, that's what I was concerned with. Mayor Suarez: Well, there's no problem with that; if somebody's ahead of the game, that's their right. Mr. Brennan: All right. If you... and I'd like to see you do what you could to keep the cost of this down, so that the cost of repairing a boat, for the working man, is kept down, then I would appreciate it. I do, as was said... Mayor Suarez: Yeah, that's the tough part, the figures and how they're going to work out, and how... 117 January 8, 1987 Mr. Brennan: Three hundred and fifty thousand dollars, plus a $4,000,000 nut, is a real big nut, and I don't want to even get into the banking. I thank you for your time. Protect... Mayor Suarez: Thank you, John, for the input... Mr. Brennan: ... boating... Mayor Suarez: ... throughout this process, because you've had input all the way through, and it's been very helpful. Mr. Brennan: Thank you. Mr. Gilchrist: OK, I was going to suggest one thing. The reason we had to come back was because the last time, there were a lot of comments from the Commission, and when the motion passed, it didn't include them. I'd like whoever makes the motion, if possible, to include all... that we would incorporate all comments on the part of the Commission. Mr. Plummer: I move Item 61, involving all of the comments and modifications made today by the Commission. Mrs. Kennedy: Second. Mayor Suarez: So moved, with all the provisos in question, and seconded. Any discussion? Call the roll on 61. Mr. Plummer: Now,... hold it, Mr. Mayor? Mayor Suarez: Yes. Mr. Plummer: Excuse me. John, what I am expecting, is during this 90-day period of the RFP is to come back, all of the work is going to be done as to the appraisals, and all of that is going to be done in the interim time. Mr. Gilchrist: Yes, sir. Mr. Plummer: OK. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-45 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE UNIFIED DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY MARINE -RELATED RETAIL USE ON AN APPROXIMATELY 12.57 ACRE CITY -OWNED WATERFRONT PARCEL INCLUDING 6.36 ACRES OF UPLAND AND 6.21 ACRES OF BAY BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Brennan: Thank you. 118 January 8, 1987 Mayor Suarez: Thank you, John. 50. CONTINUED DISCUSSION AND DEFERRAL OF SELECTION OF DEVELOPER FOR AFFORDABLE HOUSING AT THE MELROSE NURSERY SITE; ADMINISTRATION TO EVALUATE PRESENTATIONS MADE BY "MELROSE TOWNHOME DEVELOPMENT, INC." AND "ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY INC." (ALSO SEE LABELS 037, #39, AND #53) Mayor Suarez: Do we have some kind of a proposal, as I keep hearing from the City Attorney, on Item 52, that was supposed to be discussed during the day and brought back to us, after the two or three entities bidding were to have met with Housing Conservation Agency,... Mr. Dawkins: Mr. Mayor. Mayor Suarez: ... staff people, and... Mr. Dawkins: Mr. Mayor. Mayor Suarez: ... Planning Department, and so on? Yes, Commissioner? Mr. Dawkins: I feel sort of like everybody else up here. I see a lawsuit developing out here, and I don't need that, and I am going to vote for who I think can provide the housing, whether I do it today, or whether I do it in two weeks. But just in case - and I talked with the City Attorney - just to be safe, I would like to limit the proposals to the two that we have, and follow the directions given by this Commission before, that those two entities meet with staff, and that staff bring back a recommendation - not that we've got to follow it - at the next meeting, but that it only be limited to the two that we have now, so as not to prolong the agony, so... Mayor Suarez: And that, to the extent possible, they compare apples to apples and oranges to oranges, and filter out anything that is really repetitive, I mean like taxes and so on, that really should be about the same,... Mr. Dawkins: And I'd like... Mayor Suarez: ... on a per square footage basis. Mrs. Kennedy: Commissioner, are you saying that the Manager didn't have time... or, not you, because you were not supposed to meet, but the Planning Department and the Housing Department did not have time to meet with these two groups during lunch, and come with a recommendation for this afternoon? Mr. Odio: The question is evalu... the key word is evaluation, and this way they would... both parties would feel that we have done the proper evaluation. Mr. Dawkins: And I feel, Commissioner Kennedy, that we've got some people over there, we're paying $80,000 and $90,000 a year, and if they can't get this done in two weeks, then they should be replaced, and I say that with all sincerity. See, people tell me,... Mr. Odio (OFF MIKE): Not replaced. Mr. Dawkins: Oh, yeah - replaced! You see, you sit over there and tell me that "We can't get this done, and I don't have enough time,"... Mr. Plummer: Why wait two weeks? Mayor Suarez: Replaced, removed, it's... either way, it's fine. Mr. Plummer: I got a problem with that. Mr. Dawkins: What? What's the problem, J.L.? Mr. Plummer: OK. My problem is, evaluation is one thing. As to negotiating a final agreement is another. Now, let me tell you where - it's fine to 119 January 8, 1987 Ilk I evaluate what their proposal is, and it's fine to evaluate this proposal. But let me give you one, where I am. At this particular time, I think they're too low in their number of units, and I think you're too high, OK? Now, what good is it to evaluate a proposal that, in my opinion, I would say that 200 would be more reasonable. Now, if they're going to have to come up, then you've got to rechange that evaluation, and if 200 is the number, theirs has got to come down. Now, what I would like to do is, maybe send both of them to the Manager, and let the Manager negotiate it, and then come back and make a recommendation. Still doesn't preclude our right, but if what you're asking them to do, which is what we asked two weeks ago, or three weeks ago, just to evaluate project against project, that's one thing. But then, I would say to you, that we're going to be sending - I hope - I hope we're going to be sending whichever, one or the other, to the Manager to negotiate, where I would hope that the number would come out around 200, and I would hope the percentage would come out around 75. Now, I'm just saying that I... I guess what I'm trying to do... Mayor Suarez: You're talking about the percentage return to the City for the land acquisition costs? Mr. Plummer: Yes, sir. Mr. Dawkins: I have... the only thing, problem, I have with that, J.L., is, coming from my area, with "concrete monsters," I don't intend to provide any more "concrete monsters" and call it "living condition for people." Mr. Carollo: What are you talking about, Brickell Avenue? Mr. Dawkins: No, I'm talking about the ghetto, not Maurice and the rest of Brickell Avenue. Mr. Plummer: Only Barbara Carey lives over there. Mr. Dawkins: But when you start talking in terms of - what have we got, 8.5 acres? Two hundred units of housing - somebody over there with a computer - 200 units of housing into 8.5 acres, gives you how much per unit? (INAUDIBLE BACKGROUND COMMENT) Hmm? Mr. Carollo: Get Mano, we'll have the answer by tomorrow. Mayor Suarez: Twenty... 22... what? What is it? Mr. Dawkins: How many? Mayor Suarez: Forty-two five? Mr. Dawkins: Forty-two units an acre? Mayor Suarez: Forty-two thousand? (INAUDIBLE BACKGROUND COMMENT) Mr. Dawkins: Twenty-five... Mayor Suarez: What are you talking about, units per acre? Mr. Dawkins: Per acre. OK? Now that's at 200, see; so, that's the only thing I've got a problem with. Mr. Plummer: Mr. Dawkins. Mr. Dawkins: I would prefer 175. Mr. Plummer: Well, that's exactly what I'm saying,... Mr. Dawkins: I mean, now, that's just my vote. Mr. Plummer: ... OK? Mr. Dawkins: That's just my vote. Mr. Plummer: I'm not locked... 120 January 8, 1987 41 8 Mrs. Kennedy: And that's exactly... Mr. Plummer: I'm not locked at 200. Mrs. Kennedy: And that's exactly what I was saying earlier, Mr. Manager. These are the type of things that you should... or the different departments should be working out before they come to us. Mr. Carollo: But won't it make it cheaper, though, for the builders to build, and the people to rent, if we have more units? Mr. Dawkins: That's buying, though, it's not rental, it's units for purchase. Mr. Plummer: Well, you want to make it cheaper, but you don't want to make cheap construction. Mr. Carollo: Or, rather, to buy. Mayor Suarez: Yeah, we've got a trade-off here, and each one is expressing his ideal number of units. We've heard a couple of figures, and... Mr. Dawkins: It would make it cheaper, but you've also got more density,... Mayor Suarez: Yeah. Mr. Dawkins: ... instead of less density, and you've got... Mayor Suarez: We know we don't want to go to high-rises; we've rejected that, and I think... Mr. Dawkins: No, no. What we're saying, Joe, is that if an individual's got 2.5 members per household, and you've got 175 units, that's 2.5 times that. If you got 400 units, that's 2.5, and that's how many people would be in that area. That's what I've got a problem with. Mr. Carollo: This is correct, but what I'm talking about is making the most use out of the land that we have. What makes property very expensive here, or should I say what makes construction very expensive here in Miami, is not necessarily the materials that you go out and buy - they're going to cost you more or less the same anywhere. What makes it expensive is the value of the land. Therefore, if the land costs a lot more, it brings the overall price down if you're allowed to build more on it. Mayor Suarez: You know something? Mr. Carollo: Am I going to be told that Brickell Avenue,... Mayor Suarez: You know, it doesn't really work out that way,... Mr. Carollo: ... with the huge density that it has,... Mayor Suarez: ... beyond a certain point. Mr. Dawkins: It doesn't. Mr. Carollo: ... that the people there are living in substandard conditions? Heck, no. Mayor Suarez: You know, Commissioner, this is something that I've studied. Mr. Dawkins: It doesn't work out that way, though, Joe. Mayor Suarez: Beyond a certain point - this is a very interesting thing of house building, at least in this particular county, with our particular regulations - if you get too high, you begin to have so many governmental regulations, the elevators, and the sprinkler systems, and everything also, that it becomes more expensive on a per unit basis to build the bigger complex. Mr. Carollo: I don't agree. You made that statement... 121 January 8, 1987 Mayor Suarez: Well, that's what the builders tell me. Mr. Carollo: ... approximately the first month when you came aboard, and I talked to some people in the field about it, and they told me that wasn't quite so. Might be that there are some builders that, you know, cannot produce that kind of building; therefore it would be more convenient for them, in order to bid, to have lower units so they could bid in that. I don't know. But what I'm saying is, that if we really want to build as many units as possible for the medium income people of this community, well, it's absurd that one of the few, the very few, tracts of land that we have, that we're going to want to limit the amount of units we could build. How many more tracts do we have in the City? Very few. Mayor Suarez: Do you want to give any indication to the staff, over the next couple of weeks, of the number of units you might be looking at? Mr. Carollo: I will let the professionals come back and suggest the number of units, and at the same time, I think I would like to get some additional feedback from some of the builders here, to see, you know, what figure they think would be a good number; if they think the ones they've given is adequate, if they think more, if they think less. Mayor Suarez: You've got your work cut out for you over the next couple of weeks, assuming that this motion passes. Walter? Mr. Walter Pierce: I just wanted to say, and make this statement to the Commission, that the number of units has a great... the resulting number of units has a great deal to do with the type of development you're talking about. Both of these proposals that I've seen, has talked about very little rise - I mean, the lowest rise - one or two-story units, spread out all over the site. When you start talking about, as Commissioner Plummer did - Vice - Mayor Plummer, I'm sorry - 200 units, you're talking about... a little over eight acres there, you're talking about 25 units to an acre. I have never in my life, in my experience, seen a good townhouse -type project that exceeded about nine or ten units an acre, that was livable. Once you've got beyond that point, you're talking almost instant slum,... Mayor Suarez: Well, that's why we have you... Mr. Pierce: ... and I'm sure this Commission is not... Mayor Suarez: ... that's what the Commissioner's saying. That's why we have you, the experts, to make a recommendation back to us,... Mrs. Kennedy: Exactly. Mayor Suarez: ... but unfortunately, we didn't get one this time, Walter. Mr. Pierce: OK, I would... I would... Mrs. Kennedy: Give us a clear recommendation. Mayor Suarez: You know, we're not experts. We... Mr. Dawkins: He didn't look at it. He didn't study it. Mayor Suarez: I know, I know. Mr. Pierce: Well, I would ask that the Commission not address the number of units. Mr. Plummer: Well, but if we base it... Walter, if we base it... Mr. Carollo: Walter, you could go down Brickell Avenue, and I could show you quite a few townhouse developments there, that have more than nine units per acre, and are not slums. In fact, they're going for well over $150,000, if not more. Mr. Dawkins: But we also gave them FAR, and everything else, to... Mr. Pierce: That's... 122 January 8, 1987 Mr. Dawkins: ... go ahead, Mr. Pierce. Mr. Pierce: That's... Mr. Plummer: Well, but Walter, what you're telling me, if I use the minimum, which is the union's proposal of 160 units... Mr. Pierce: I'm not suggesting a minimum. Mr. Plummer: I'm saying, that's 20 units per acre. Based on what you're telling me, that's twice as much as what would produce a slum. Mr. Pierce: Mr. Plummer, what I'm saying is, as I recall,... Mr. Dawkins: That's what he said. Mr. Pierce: looking at their plan, and as I remember saying to you back in December, when that plan was here, is that that plan... Mayor Suarez: How high were the stories in their plan? It wasn't a townhouse, was it? Mr. Pierce: Two stories. (ASIDE) Two stories, am I correct? Mayor Suarez: And they could fit 160 under that concept? Mr. Pierce: A hundred and sixty. Mayor Suarez: But you didn't like the layout? Mr. Pierce: One of the problems with that plan, that I saw, looking at it real quickly, was that the units ring the site. They turn their back on the neighborhood. There was all asphalt in between, and the only green in the site was right in the middle of it, where it didn't do anybody outside the project any good. And if I'm a neighbor of a project, I want to be able to look across the street and see something good, too; I don't want to see the back doors of 160 units. And that's part of what I'm talking about in my site plan review, that I think staff can do better. If you want to talk about a different type of a project,... Mayor Suarez: OK, but do you think that site plan review,... Mr. Pierce: ... where you go to three stories, maybe... Mayor Suarez: Are you telling us that site plan review should take place in the ensuing two weeks, before we make the selections, or afterwards, as a further modification of whatever plan they come up with? Mr. Pierce: We'll follow the Commission's wishes on that, but... Mayor Suarez: Well, what are you suggesting to us? We need... Mr. Pierce: Well, we'll do it in the two weeks. Mr. Carollo: Well, I'll tell you,... Mayor Suarez: OK, great. Mr. Dawkins: Do it both ways. Mr. Pierce: Yes, absolutely! Mr. Carollo: ... what produces slums is not how many units you necessarily have in an acre. What produces slums is the quality of life in a community, and sometimes you can measure that quality of life by just going around in the community and seeing how many slums you have. Mr. Pierce: Yes, but I... Commissioner, one day I'd be happy to take you on a ride through some projects out in... Mayor Suarez: Ah - don't get into this... 123 January 8, 1987 Mr. Pierce: ... in the new area. Mayor Suarez: ... we all can take all the rides we want. Mr. Carollo: Walter, I can assure you, you're not going to show me anything I haven't seen before in this City. Mayor Suarez: Yeah, I mean, really, you know, everybody's always offering to take us on rides all through the City, and believe me, we do it quite often, all of us. OK,... Mr. Plummer: Mr. Pierce, I'd like to thank you for absolving Sergio Rodriguez of the blame that was placed on him... Mr. Pierce: No, I was the bad guy. Mr. Plummer: ... for making the mistake before. Mr. Pierce: I was the bad guy. Mr. Plummer: OK. Sergio, you're now absolved. UNIDENTIFIED SPEAKER (OFF MIKE): You will now pull the rickshaw Mayor Suarez: Are we doing all this in regards to the Melrose site only? Mr. Plummer: That's the only one before us. Mayor Suarez: OK. No, we have both... Mr. Carollo: Any additional input from the builders, both sides. Mayor Suarez: OK, on the Melrose site only, at this point. Mr. Plummer: Well, wait a minute. What other site have we got before us? Mayor Suarez: We have Civic Center. Mr. Dawkins: Civic Center site. Mr. Plummer: But that's... Mr. Odio (OFF MIKE): That's a discussion item. It's a separate item. Mr. Plummer: Oh. Mrs. Kennedy: A separate item. Mr. Plummer: It's not... OK. Mr. Richard Sox: My name is Richard Sox. I represent the Plumber's Local, our nonprofit corporation. It seems that this last discussion is centered on the fact that, based on the number of units that may or may not end up on the premises. What we're proposing is, not to necessarily get into a discussion of that, because the Planning and Zoning is going to have the final say, as far as giving the approval to whichever group receives the go-ahead to actually draw a final set of plans. So, it seems to me that it doesn't matter which group is chosen. At this point, my understanding was, and what we came forward with, and I'd like to backtrack a little bit, is, you know, we started back in December on this. We were pushed back into - actually, we started in November, we were pushed into December, and then were... Mayor Suarez: Don't complain about the delays. Mr. Sox: OK. Mayor Suarez: We've done the beat we can,... Mr. Sox: I understand. Mayor Suarez: ... and we're ,going to try to wrap it up in two weeks, and that's the best we can do. 124 January 8, 1987 Mr. Sox: But it seems that the numbers that we have, as far as the programs that we've submitted, that those numbers are available, if you want to compare apples to apples. You want to take cost per square foot, and compare that... Mayor Suarez: That's what the City's staff is going to be doing during the next couple of weeks. Mr. Sox: That... we're provided that information to the City. Mayor Suarez: Fine! Fine, we'll work with those. Mr. Sox: The fact that another group may not have provided their information to the City shouldn't... Mayor Suarez: Well, don't get into those value judgments. Armando, do you want to add anything to that? Mr. Armando Cazo: No, the only thing I wanted to add is that, in density, when you're talking about price per unit, whatever amount of money you pay per unit per land, it's going to be increased to that particular unit, and if you go above and beyond the low and moderate income family affordability of a unit, you know, we've just missed the boat. Mayor Suarez: OK. Mr. Plummer: Well, I... Mayor Suarez: But density has a lot to do with it. I mean, if you build more, and if it's... Mr. Cazo: Definitely, if... Mayor Suarez: ... true, as alleged, that the higher you go, the cheaper you can build them, because you put more on the site, which I'm not sure I agree to, but assuming that were true, then you could have more units, cheaper. Mr. Plummer: I think that, both proposers, the key is flexibility. I think that's the key. Mayor Suarez: And the staff is going to have to bite the bullet, according to the motion that has been made. I believe you made it into the form of a motion, Commissioner. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Second. And it's going to be to have back to us, with a recommendation, by the meeting of... Mr. Odio (OFF MIKE): January the 22nd. Mayor Suarez: January 22nd. So moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-46 A MOTION DEFERRING CONSIDERATION OF PROPOSED DESIGNATION OF AN ORGANIZATION FOR DEVELOPMENT OF A LOW DENSITY SALES TOWNHOME COMPLEX ON THE MELROSE NURSERY SITE TO THE MEETING OF JANUARY 22, 1987; FURTHER DIRECTING THE ADMINISTRATION TO EVALUATE AND RECOMMEND ON PROPOSALS PRESENTED BY "MELROSE TOWNHOME DEVELOPMENT, INC." AND "ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY INC./ARMANDO CAZO AND HECTOR PAGES; JOINT VENTURE PARTNERS" ON THIS DATE AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 125 January 8, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 51. EXECUTE AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE INC. TO PROVIDE FUNDS FOR DEVELOPMENT OF A HOTEL ON SITE OF MUNICIPAL PARKING LOT 10; AUTHORIZE $5,000 ADVANCE TO SAID ORGANIZATION. Mayor Suarez: Item 62. Representatives of New Washington Heights, Jackie? Mr. Plummer: Do you expect me to read all of this before your... Mr. Odio: The request that they are going to make is of $50,000 additional funds, to complete the hotel project. The City of Miami provided a grant of $75,000 to partially fund this project, so they are coming in to ask another $50,000 as a subgrant. Ms. Jackie Bell: Jackie Bell, 1600 Northwest 3rd Avenue, the executive director of New Washington Heights Community Development Corporation. Back in June of nineteen hundred and eighty-five, this Commission gave its staff a recommendation to go and find us some land for a hotel. Since that time, we have worked with the Off -Street Parking Authority, Roger Carlton, and November twenty... what day? Well, Wednesday before Thanksgiving, the Off -Street Parking Authority did... its board did make its recommendation to put out an RFP for this site. That site is at Northwest 5th Street and First Avenue. The reason we're asking you to give us some additional money: we need some administrative money. You gave us a grant, three or four years ago, for this project, which was $75,000, but we have not spent all of that money. We have about thirty -some thousand dollars of that money left. But we promised you that we would not spend that money unless it was spent for that hotel project. And now, we are at the crossroad, and we lost our State grant back in June, and in your package, you will see that we didn't just lose the State grant for not being able to perform. Our audit was approved by them, our contract was approved; we lost because it's a point system, the scoring of that, and we scored lower - OK? - than we had the years before. That's how we lost it, not because we mis-done anything. You've got both the evaluation of the corporation from the State, and you've got our final audit letter and contractual letter in this package, so it had nothing to with us misappropriating funds, nothing to do with us not carrying out our contract. What it does have something to do with, that we scored lower. Mayor Suarez: You're saying, to be able to compete for that RFP being prepared by the Off -Street Parking Authority, you're going to need additional monies for... Ms. Bell: Yes, some adminis... yes. Mayor Suarez: ... preparation, and so on. Ms. Bell: Yes. Mr. Odio: We gave them a $75,000 grant. Of that, they still have $35,000 left in the department, but... Mr. Schwartz: We can... Mayor Suarez: We had authorized $75,000? Ms. Bell: No, not now. Three, four... four years ago. Mayor Suarez: No, no, I understand that - a few years ago. 126 January 8, 1987 Ms. Bell: OK, and I told you, just a moment ago, that we made a commitment to this Commission that that money would not be spent unless it was spent for the hotel project. Mayor Suarez: Right. Ms. Bell: OK, and there... Mayor Suarez: And how much of that is left - $35,000? Ms. Bell: About thirty -some... Mr. Schwartz: Thirty-five thousand dollars. Mr. Plummer: Well, what's... Ms. Bell: And that will be used... Mr. Plummer: What's happened to the other forty, Jackie? Ms. Bell: Well, that was for putting together... remember, we had to put together an RFP for the Overtown/Park West, that we lost? OK, that's what that money was used for. Mr. Plummer: Forty? Forty of it? Ms. Bell: Yeah. Not quite, I don't think. Mr. Schwartz: A small portion of that also went for administrative expenses. Ms. Bell: Yes, a small, very small portion. Mayor Suarez: Have you talked to LISC about their possibly financing some of it? Ms. Bell: Not yet. We wouldn't even come here today, to ask for any administrative monies, if we had not have lost the grant to the State, and if my staff had not have been working continuously, full time, and they've lost most of their pay, and you just can't ask people to continue to work full time at a very, very... you know. So, that's why we're asking. Mr. Plummer: Jackie,... Ms. Bell: And we think... no, we think this time we got the hotel. We gonna work very hard. Mr. Plummer: Jack... Mayor Suarez: I was going ,to ask about the... go ahead, Commissioner. I just wanted, at some point, for you to give us your most impartial evaluation of the chances of actually winning out on that bid, but... Commissioner? Mr. Plummer: I'm concerned about the $14,000,000 cost, and we know that there's no UDAG money available. Ms. Bell: Well,... Mr. Plummer: Am I correct in that? Mr. Schwartz: No, there is UDAG money available. Mr. Plummer: There is UDAG grants available? Ms. Bell: Yes. Mr. Schwartz: The UDAG program's still in existence, and... Ms. Bell: Yes. Mr. Schwartz: ... we were successful in 1986. 127 January 8, 1987 41 6 Mayor Suarez: You're holding up four - what does that mean? Mr. Plummer: Well, you know,... Mr. Castaneda: Let me... Mr. Plummer: ... it's like Merrill Stevens - I get different answers from different people. Mr. Castaneda: No, I believe that the president will be introducing a recession order on the Urban Development Action Grant, with the Democratic House and... Mr. Plummer: I don't need all of the editorial. Is the money available or not? Mr. Castaneda: Maybe. Mr. Plummer: Maybe. Hah! Mayor Suarez: How much, maybe? Mrs. Kennedy: Maybe! Mr. Plummer: Yeah, but "maybe" is a key component to this thing, if they get it. Ms. Bell: But we only talk about $3,000,000 in there, from UDAG. Mr. Plummer: That's a key component, Jackie, $3,000,000. Mayor Suarez: That answers that. Ms. Bell: Commissioner Plummer - Vice -Mayor Plummer,... Mr. Plummer: Let me... wait a minute. Ms. Bell: OK. Mr. Plummer: Industrial revenue bonds. Ms. Bell: OK. Mr. Plummer: What's the chances of those being sold? Mr. Schwartz: According to Mr. Haley, from the Industrial... from Dade County, it seems that that's a feasible alternative. He worked on... with... Mayor Suarez: Will they be... Mr. Plummer: That's workable. Mr. Schwartz: That's workable. Mayor Suarez: Will they be non -tax exempt now, or could this come under... Mr. Plummer: No, taxable. Mr. Schwartz: They're taxable, but... Mayor Suarez: Non -tax exempt. Ms. Bell: But there is another one. There... Mayor Suarez: That means taxable. Ms. Bell: There is a 503... I know. I know exactly what you're saying. Mr. Plummer: From your paper. Ms. Bell: I agree! OK, there are... 128 January 8, 1987 41 i Mr. Plummer: All right,... Ms. Bell: It shows an industrial revenue bond, taxable; but there's also a 503 development bond, that is nontaxable, if the organization itself managed the hotel. We have not deemed we were going to do that, that's why we said the taxable bond. Mayor Suarez: Wait, let me just clarify that. What do you mean by a 503? You're talking about a 501(C)(3), or are we talking... Ms. Bell: No. Mayor Suarez: What was a 503? Matthew - or Jackie. Ms. Bell: It's a 503 development bond, that any... Mayor Suarez: OK, do we have monies available on that? Ms. Bell: Yes. Mayor Suarez: Do we have any indication that this is from the Federal government, 503, or State? Ms. Bell: It's from the Industrial Development Authority. Mayor Suarez: From the county's Industrial Development Authority. Ms. Bell: Yes. Mayor Suarez: Do they have monies available? Ms. Bell: Yes. Mr. Schwartz: Mayor, the county reviewed the performer that Jackie has included in the package there. That is a possibility. All these things are possibilities. Mayor Suarez: Have they given any kind of a signal as to chances of funding it? Mr. Schwartz: That, I guess it really depends on the feasibility of the whole project, which... Mr. Plummer: Well, what about the syndication proceeds? CD float of $3,000,000. Ms. Bell: Yes. Mr. Plummer: What about it? What's... Mr. Schwartz: These are... Ms. Bell: See,... Mr. Schwartz: It may be available, depending on what our 13th year CD allocation is, and how our expenditure rate is. The City has some previous commitments for the CD float. Mr. Plummer: How much is there now? Mr. Schwartz: As of now, we have requests, I think, for about $6,000,000 of CD float. Mr. Plummer: How much of it is restricted, that's already committed? Mr. Schwartz: I believe we made an estimate that there's about an availability of up to $10,000,000 - (ASIDE) is that still so? Mr. Castaneda: Commissioner, the City float is a float in itself. Basically, what it is, is the amount of money that has not been drawn down from the letter of credit. Because of that reason, that would fluctuate, and it's really a gimmick in the law, that permits you to do that, and what you do is 129 January 8, 1987 to fund another project prior to the expenditure of another project. A perfect example is, the time that the City actually tried to do this was with the River Parc Hotel, and you might recall that item. There was a $5,000,000, in which the City and the County were going to contribute equal amounts. Mr. Plummer: OK. Let me ask you a bottom line question. You've seen the proposed method of funding. In your opinion, do you feel that this is possible, good chance that it's possible, it's not a good chance - what is your personal opinion? Either one, I... don't rush to the mike. Mr. Schwartz: We believe that it has a possibility, as all these projects. There's a... Mr. Plummer: Is it a 51 percent possibility, a 20 percent... we understand that it's possible! Mr. Schwartz: I think it's probably a 50... Mr. Plummer: But in your opinion, knowing what the Federal monies are, and what's happening... Mayor Suarez: I want to hear this percentage. Mrs. Kennedy: Yeah, 50 percent - I can just hear it. Mr. Plummer: ... I want to know, from a scale of one... from zero to ten, where do you put this possibility at? Mr. Schwartz: Does my job depend on this? Mr. Plummer: Yes, sir, it might I Mr. Schwartz: I think five... Mr. Plummer: If you guess... Mr. Schwartz: I think it's somewhere at five, but I think what makes this project more feasible today is the market. In the Overtown location that was originally proposed, that was not a reasonable site, based on market conditions. Now, with the Arena and the GSA building, and with the proposed Grand Central project, this is sort of right in the hub of downtown. So, this is a prime location. Mr. Plummer: Those items would make this one more bondable, or more funding available? Mr. Schwartz: Yeah, I think if there's a market, it would make the funding become available, because the UDAG is dependent upon realistic projects, not pie -in -the -sky. Ms. Bell: Yes, it's a better project. Mayor Suarez: OK, that part of it is not pie -in -the -sky. Roger, you're hanging around back there; do you want to give us your... can you, at this point, as executive director of the Authority, make any kind of a recommendation, or evaluation, or suggestion? Mr. Roger M. Carlton: Mr. Mayor, I really think it's premature to talk abut Mrs. Bell's proposal, because it essentially violates the Unified Development process. What we're doing, or what she's asking for today, is simply the money to be able to put together her proposal. Mayor Suarez: Do you think something is viable there, of the sort that you're putting out in your UDP? Mr. Carlton: I believe that a project, with a hotel... Mayor Suarez: Or are you just going fishing out there? Mr. Carlton: Well, that's what the UDP is all about. We have a very large site. We have the potential, because of $2.6 million committed by the State to buy the rest of the block, so that an entire block on a people mover station, is in public hands. We believe that the State will then fund... 130 January 8, 1987 Mayor Suarez: You know, these financial packages - I hate to interrupt you, but... I'm sorry to interrupt you - but these financial packages are so complex, that you guys are telling us about, that if you could just put them on one sheet of paper - you know, the components, so that we can see these things when we have to consider them. The float that you tried to explain a little while ago, I mean, I have no idea what you... Mr. Carlton: I don't think that was the purpose today; I think the purpose today was... Mayor Suarez: Well, but do we want to spend money to, you know, have them compete for something that, maybe, is not viable? Mr. Carlton: Well, my guess is, with... Mayor Suarez: Sounds like a great concept. Mr. Carlton: This is a hot area of development, because of the Arena. There have been some recent property sales to some major developers in that area, and I think the City, through its Parking Authority, has a large piece of property that ought to be out there, trying to capitalize on this development trend. Mayor Suarez: How much of your land acquisition for the total site would end up being from grants, and otherwise not from borrowing, or anything like that? How much would actually be... do you envision being able to acquire the whole site for free, without having to return any money - without having to borrow any money from any entity? Mr. Carlton: We own, today, two-thirds of the block. Mayor Suarez: Could you envision having three -thirds of the block for free? Mr. Carlton: I believe with the State money that's already in the budget... Mayor Suarez: That's what I mean. Mr. Carlton: ... and more that we're going for, that we will have the rest of that block at no cost to the City. Mayor Suarez: Are you, in your RFP, building in some kind of land acquisition return of investment, like we're doing on the housing projects we've been talking about? I don't know if you've heard some of that discussion. Mr. Carlton: I heard that on the housing. What I... Mayor Suarez: When you UDP? Mr. Carlton: What I understand, on your housing one was, that you actually had to go out of pocket with City money to buy the land. Mayor Suarez: We did. Mr. Carlton: So it is reasonable, then, to expect a return for the City investment. Mayor Suarez: Well, are you doing that, or... Mr. Carlton: Yeah, in this case, the return would be some percentage payment from the gross revenues of the hotel and whatever else goes in there. Mayor Suarez: But you're looking to get something back for the land acquisition aspect of the project? Mr. Carlton: I think it's reasonable, certainly. Mayor Suarez: Do you have that built into your UDP? Mr. Carlton: We haven't finished the RFP yet; we're going to bring that to our board in February. 131 January 8, 1987 H 0 Mayor Suarez: Well, we have to make a tough policy decision on... Mr. Plummer: Let me ask a question. I'm confused, Jackie. Ms. Bell: OK. Mr. Plummer: In the fund of the 75 which we granted before - hello there. Ms. Bell: Yes, I'm here. Mr. Plummer: In the $75,000 we granted before, they used $40,000 for their previous proposal. Ms. Bell: And some administrative costs. Mr. Plummer: OK. Ms. Bell: Um-hmm. Mr. Plummer: They have a balance of 30 in that fund. Mr. Schwartz: There's $35,000 they can still tap on. Mr. Plummer: OK. Now, are they really asking for ten more, or are they asking to reestablish that to 75? Mr. Schwartz: I believe that they are asking that the 35 remains, to be used for the preparation of the RFP, and the remainder, the other money they're asking for, to be utilized for their administrative expenses of the organization,... Mr. Plummer: No, that's not true. Mr. Schwartz: ... in the interim. Mr. Plummer: That's not true. According to what I have in front of me - Jackie, are you asking for 45 in addition to the 35? Ms. Bell: Yes. Mr. Plummer: OK. But I have in front of me, consulting and marketing has got to go for the RFP. That's $16,000. Ms. Bell: Yes. Mr. Plummer: Now, my concern is salaries. Ms. Bell: No, OK, but that's not for putting together the bid proposal;... Mr. Plummer: Jackie,... Ms. Bell: ... that would go for getting a franchise, and whatever cost it costs us for the franchising. Mr. Plummer: Jackie, if you don't get the RFP award, you don't need the franchise. Ms. Bell: Agreed, but before... when, we put together this RFP, we're planning to have all of the components in that, to walk away with it. Mr. Plummer: Well, what good is the franchise to you, if you don't... if you're not the successful bidder? Ms. Bell: Well, the way we're hoping that... Mr. Plummer: You've spent your money for nothing. Ms. Bell: Yeah, but we are hoping, this time, Mr. Plummer, that this one goes to us. The way the RFP will be written. OK. Mr. Plummer: Hey, here's hoping, and here's reality. 132 January 8, 1987 Ms. Bell: OK, but the way the RFP is going to be written, is that a CBO, or minorities, play a higher part in this than before, and Roger can tell you that. Mr. Plummer: Jackie, if you spent $40,000 before to do the RFP, I think that's what you ought to do now. To spend any other monies at this time is premature. Ms. Bell: But, Mr. Plummer, what I'm saying is, we need some administrative money. Mr. Plummer: You've got administrative moneys You've got $35,000. Ms. Bell: Yeah, but we can't use that for our staff purpose; we have to use that directly related to the hotel. Mr. Schwartz: We can modify their existing contract, amend it, to allow them to tap into more for administrative... Mr. Plummer: Hey, look, what I'm saying is, I think where this Commission is, and we've always worked with her whenever possible,... Ms. Bell: Right. Mr. Plummer: ... I would like to see that this Commission, at this point, add $5,000 to the already existing balance of $35,000. That will make the RFP. With a commitment, if they are the successful bidder, of another $30,000. Now, I don't want that money spent for a franchise, and all other things,... Ms. Bell: Oh, no. Mr. Plummer: ... if, in fact, they're not the successful bidder. Ms. Bell: Oh, no, Mr. Plummer, for us to have had $75,000 over four years ago, and we could stand here today and tell you we've got $35,000 of it left - right? - tells you that we don't frivolously throw away the money, OK? Mr. Plummer: Jackie, you're talking about fringe benefits and salaries of $24,000. Ms. Bell: But what I said to you was that we lost the State grant, and my staff is working full time on not a full-time salary. We, everybody in my office, lost more than 50 percent of their salaries when we lost the State grant, and I need to try to keep those people on board, is what I'm saying to you. Mr. Plummer: When will the RFP go out? Mr. Schwartz: In, probably, late February, so there's probably a six-month period until the final... Ms. Bell: Yes. Mr. Schwartz: ... recommendations are made on the RFP. And I think what New Washington Heights is trying to do, is trying to stay alive for the next six months. That's their major concern. Mr. Plummer: What is your recommendation? Mr. Schwartz: Well, the recommendation of the City is that there really is not sufficient funds to provide additional funding to New Washington Heights. Mr. Plummer: Then what else is there to talk about? (PAUSE) I'll make a motion at this time, Jackie, as best I think we can do. They're saying "no funds at all," OK? Ms. Bell: You know, Mr. Plummer, can I... wait, before you... Mayor Suarez: Wait, wait, wait, Jackie, I haven't even heard what the motion is. We've been arguing about this now for 15 or 20 minutes. Please. 133 January 8, 1987 Mr. Plummer: Well, I haven't made it yet. What I'm saying, Mr. Mayor, I think is fair, is to add an additional $5,000 to the present remaining balance of 35, which will allow them to make the RFP proposal, with a guarantee, a commitment from this Commission, if they are the successful bidder, that we will put up the additional 30 for the franchise and other things that are needed, as requested. Now, I think,... Mayor Suarez: I'll go along with that. Mr. Plummer: ... based on the fact that there are no funds available, I think you're $5,000 ahead of the game, Jackie. Mayor Suarez: And we get all the money that was in reserve, over to you, and... Mr. Schwartz: Right, that's available, and we can amend the existing contracts to allow them to use more for staff salaries, and work with them on preparing the RFP. Mr. Dawkins: If they are the successful bidder, then does that mean that we pick up the fringe benefits and the other things that we're talking about? Ms. Bell: But that's six months away. That's six months away. Mayor Suarez: Anybody answer that? Mr. Plummer: I'm sorry, what was the question? Mr. Dawkins: If they are the successful bidder, do we go back and pick up the operational expense necessary for them to stay in business? Mr. Plummer: Well, I would have no problem with advancing them the money, if they're the successful bidder, with the understanding the money comes back to the City. Ms. Bell: Can I... can I... Mr. Plummer: From the project. Ms. Bell: Can I say something to this Commission, please. New Washington Heights have been in business for thirteen years in that community, and we have been the only organization that have been created in this City, that a CDC who has never had a financial or any kind of contractual problems. We work, whether we've got any money or not. We are a catalyst in that community that you can't find no place else. And it hurts me to come down here, and beg - OK? - because I'm not a beggar. Mr. Plummer: Jackie, Jackie, it's not the first time. Ms. Bell: OK, oh, agreed. I come and beg for my... Mr. Plummer: You know, I... Jackie,... Ms. Bell: Yes, and you, Plummer, have been with me. OK. Mr. Plummer: One of the problems of being around for a long time is, I remember. Ms. Bell: That's exactly right. Mr. Plummer: I remember when Jackie was down here, crying because the State was mistreating her once again. And everything, "Keep me alive until the State brings me alive,"... Ms. Bell: And I got... Mr. Plummer: OK? And we bailed you out then, so... Ms. Bell: No. Mr. Plummer: Oh, yes, we did. 134 January 8, 1987 Ms. Bell: Wait a minute, wait a minute, Mr. Plummer,... Mr. Plummer: Oh, we bailed you out. Ms. Bell: The one thing about this City Commission - OK? - they have known quality, and they have known quantity. Mr. Plummer: Um-hmm. Ms. Bell: New Washington Heights have been all of that. Mr. Plummer: Um-hmm. Mayor Suarez: Jackie, we've... Ms. Bell: You haven't... Mayor Suarez: We've dealt... I'm sorry, Jackie. We've dealt with all kinds of technical aspects of this project. This is not your average project, by any means - you and I have talked about this,... Ms. Bell: That's right. Mayor Suarez: ... this is a conceptually difficult, innovative project;... Ms. Bell: Yes, it is. That's right. Mayor Suarez: ... we've done the best we can, and we can't go on forever arguing philosophy here. By the way, you answered my question on LISC? Let's go to LISC, and try to get some additional monies from them, but we've got to get this Commission moving here. We've listened to you, and you can philosophize with each one of us individually, and the importance of what you're doing, I think it is important, but I think we'd better bring this to a close and vote on the Commissioner's motion. Do we have a second? Mr. Plummer: Well, somebody else has got a better motion, I'll listen. Mrs. Kennedy: OK, can you repeat your motion, please. Mayor Suarez: Do we have a second? Mr. Plummer: My motion is, that we add $5,000 to the present... Mr. Dawkins: Second. Mr. Plummer: ... the present amount of money of 35, which should give her ample monies to make the preparation for the RFP, with the commitment of this Commission that if she is the successful bidder, that she will get an additional $30,000, which is needed for the franchise and the other items that are listed here. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. I cannot imagine LISC turning down additional funding, too; if you want to make the application, we'll help out with it. Any further discussion? Call the roll. 135 January 8, 1987 The following Resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-47 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT AUTHORIZED BY RESOLUTION 84-40 SUBJECT TO CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. TO PROVIDE FUNDS FOR THE PREPARATION OF A FEASIBILITY STUDY AND DEVELOPMENT PROGRAM FOR A HOTEL TO BE DEVELOPED ON THE SITE OF MUNICIPAL PARKING LOT 10; AUTHORIZING THE ADVANCE OF AN ADDITIONAL $5,000 TO SAID ORGANIZATION WITH FUNDS THEREFOR 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.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Commissioner Kennedy, you wanted to... Ms. Bell: Thank you. Mayor Suarez: Thank you, Jackie. You wanted to handle an item out of turn, because it's scheduled for a public hearing... Mr. Plummer: Let me ask... wait a minute, wait a minute. Jackie, hold on a minute. Administration, who's putting out the RFP? Is it being put out by the City, or by Roger? Mayor Suarez: Roger. Mr. Plummer: Roger, I think,... you know, this Commission has done everything in our power to keep these people alive. If you can expedite that RFP, it would be of great help to her, and less money for us. But, more so, big help to her. (INAUDIBLE BACKGROUND COMMENT) Anything you can expedite, I think this Commission would appreciate, to help this group out, as well as the area. Ms. Bell: Thank you. Mayor Suarez: Thank you. Commissioner, what was the item, on the park? Mrs. Kennedy: Wait a minute, wait. Before... Mr. Plummer: We have been informed, Mr. Mayor, that there is, across the street now, been erected, in your honor, a full-sized statue, and we wanted to make sure you were aware. Mr. Carollo: Since the Commission has to do things in the... Mrs. Kennedy: Full-sized statue? Mr. Carollo: ... sunshine, we were polled for the new year, to see what we thought of the Mayor's first year in office, so we made sure it was all done in the sunshine. Mr. Plummer: There is a full-sized statue, as I am told, across the street. 136 January 8, 1987 �t # Mayor Suarez: Oh, OK. Well, it was obviously not done in the sunshine, because I wasn't included, but whatever it is, it's fine with me. Mr. Carollo: You can step out and see it, Xavier, we'll wait for you. Mayor Suarez: I think I'll pass. Mr. Dawkins: OK, Xay. 52. AUTHORIZE INCREASE IN CONTRACT WITH P.N.M. CORPORATION FOR CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT PHASE II. Mayor Suarez: Item... what was your item, Commissioner? Mrs. Kennedy: Item 86 - it's a public hearing on Bayfront Park, but before we address this, I'd like about a related item, and give a report on the private contributions to Bayfront Park. Mayor Suarez: This is the good news part of our... Mrs. Kennedy: Yes. We have... Mayor Suarez: ... program. Mrs. Kennedy: Yes. Did you all get a copy, by the way? OK. One second. All right, the Rouse Company, a million dollars; the Knight Foundation, $658,171; 68 private contributors, and these are people ranging from $5 to $50,000, for a total of $153,579; Lee and Tina Hill's gift, $110,000; various private contributors, $22,500; Burdine's, the Dade County Council of Arts and Sciences, and the New World Center, $13,028; PNM Corporation, $5,000; twelve private contributors, $7,350; various private contributors, $150,000; private contributors, $500,000; Bank of New York, $260,000; various private contributors, $250,000; donation of the Spanish Granite, $250,000, for a subtotal of $1,410,000. Then the other good part is that the latest contribution is one which I'm presenting today to this Commission. It's from Mr. Harry Hood Bassett, who unfortunately had a knee injury, and couldn't be here today, and he's given us a check for $153,578.78, and don't ask me why the 78 cents, but, Mr. Manager,... and he also sent me a letter that I'd like to read, and it says: "Dear Mayor and Commissioners: I am sorry I am unable to appear before you today to present the check for the New World Center Foundation, in the amount of $153,000. These funds have been held in an escrow account, pending demolition of the former library. The Foundation has prepared a summary report on private funding, for the Bayfront Park Redevelopment Project, that is attached. It is significant to know that contributions range from $5 to $50,000, and include over 100 contributions. When the work is complete on the park, private funds could account for $4,379,628, which is a historic milestone for private contributions to a City -owned park. To my knowledge, the largest private gifts to date to the City of comparable value are the Gusman donation on the Olympia building, and the Knight gift of the Conference/Convention Center. We are pleased to be able to assist the City in the realization of what will be one of the most important projects this City has ever undertaken," and it is my pleasure to present you, Mr. Manager, with that check. Mr. Plummer: Well, may I, just for the record - I can't let this go by - OK? - and I want to make sure that Harry Hood Bassett, who is the bank, and an honorable gentleman, but there's one part of this letter that I cannot let go by, without a correction. I would like to know, what is the Knight gift for the Conference Convention Center? There was no gift from the Knight Foundation. They paid'$3.2 million and got damn near $25,000,000 worth of value. Now, if that's the kind of gift that we're talking about, I want to give gifts to this City all of the time. So, I just... I could not let that go by. 137 January 8, 1987 Mrs. Kennedy: Well, I was not here at the time, but... Mr. Plummer: Well, I was. Mrs. Kennedy: I don't have the answer for that. Mayor Suarez: Well, they got the value in the sense that the project was built, but it doesn't belong to them. Mr. Plummer: Yeah, well, they gave money to the University of... Mayor Suarez: It belongs to us, and we have the losses, too. Mr. Plummer: They gave money to the University of Miami, who came in and negotiated almost a third of the Knight Center, which was like $100,000,000. Mr. Odio (OFF MIKE): He's looking for you, over there. Mr. Plummer: Who's he? Mayor Suarez: Well, but their intentions were good, and they can't be faulted for our bad negotiating. Mr. Dawkins: Did anybody move 86? Mrs. Kennedy: So moved. Mr. Dawkins: Second. Let's get the hell out of here. Mayor Suarez: Eighty-six moved and seconded. Any further discussion? Mr. Dawkins: I told you, what the hell you come down here? Mayor Suarez: Call the roll, please. Mr. Dawkins: You don't believe me? Huh? Ms. Hirai: Roll call, Mrs. Kennedy. Mr. Dawkins: I told you not to come. There are white folks here, you believe it, all right. Ms. Hirai: Mr. Dawkins. Mr. Dawkins: I told you not to come down here. (APPLAUSE, LAUGHTER) Ms. Hirai: Beginning again. Roll call on 86, Mrs. Kennedy. Mr. Plummer: Question. Mr. Carollo (OFF MIKE): If Mohammed won't go to the mountain, the mountain will go to Mohammed. Mr. Plummer: I have a question. Mayor Suarez: On which... wait, what item... Mr. Plummer: On this which we're about to vote on. Mayor Suarez: Oh, I'm sorry. Clarification, Commissioner... Mr. Plummer: I notice here a so-called... Mayor Suarez: ... Plummer. Mr. Plummer: ... contribution from the Bank of New York. It is my understanding that Bank of New York is now in control of the Pavillon. Mr. Odio: (INAUDIBLE COMMENT OFF MIKE) 138 January 8, 1987 Mr. Plummer: OK, that initial offer was $1,000,000. Now, is this all we are to assume of that $1,000,000 we are going to get? Mr. Suarez: Yes. Where is John? Mr. Gilchrist: I don't know the answer to that, sir. Mr. Plummer: Well, the commitment was $1,000,000. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Well, OK, no, I am asking for the record if that is the case. You know, let's don't travel on assumptions. Let's travel on dollars. Mr. Gilchrist: I will come back to you. Mr. Plummer: OK, I would appreciate knowing, and I understand that $250,000 of this is on the Pope's visit. What does that mean? Mrs. Kennedy: No. Mr. Plummer: With an Mrs. Kennedy: We are trying to get the Pope to come to Bayfront Park in September of next year to bless the park. We would like to have a memorial as a permanent monument to say that the Pope was actually here, and we are raising money for that. Mr. Plummer: OK, fine. Mr. Odio: Commissioner, on the Bank of New York, I have had meetings with them. They are spending, thank God, $7,000,000 in the property right now, improving the property, and they are still pending negotiations with them, and they will comply with their agreement with the City. Mr. Plummer: OK, well, that is what I was asking. I wanted to know, just for clarification. Mayor Suarez: We have a motion and a second on item 86. Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-48 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $300,000 IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND P.N.M. CORPORATION DATED JANUARY 4, 1986, FOR THE CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT - PHASE II, SAID FUNDS TO BE PROVIDED FROM FUNDS ALREADY ALLOCATED FOR THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDINGS THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION. (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- 139 January 8, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 53. CONTINUED DISCUSSION REGARDING THE EVALUATION OF PROPOSALS FOR CONSTRUCTION OF AFFORDABLE HOUSING ON THE MELROSE NURSERY SITE. (See labels #37, #39, and #50) ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Dawkins, do you want a motion to reconsider the Melrose site determination? Mr. Dawkins: It is not reconsider, but... clarification Mayor Suarez: Modification, clarification. Mr. Dawkins:... so that both groups will know what we are doing. I talked with, had the Manager to talk with both groups, and Mr. Manager, will you tell me what the agreement was made, so that all of us... Mayor Suarez: They are willing to have the evaluations made on the basis of the initial proposal? Mr. Odio: On the proposals that we now have in hand. Mr. Dawkins: And those square... Mr. Odio: And on the square footage, and no numbers will change, it is just that we will proceed... Mr. Dawkins: Yes, well the square footage, you go ten stories, or one story, it is still the same per square foot. Mayor Suarez: Are you willing to stick to that approach? You don't have to come back and give us a whole range of options in between, you are going to... Mr. Odio: I'd like to evaluate these two proposals based on the numbers that we now have in hand. Mayor Suarez:... evaluate one against the other? I have no problem with that. Mr. Odio: To be fair to both sides. Mayor Suarez: They have been at this for I don't how many months now, and it is about time we decide. Mr. Dawkins: That is agreeable to both sides. OK, so let's go then. All we are trying to do is make sure that when we come here on the 22nd, we can get finished with this. 140 January 8, 1987 54. CONTINUED DISCUSSION OF OBSERVANCE OF MARTIN LUTHER KING'S BIRTHDAY. (See label $40) Mr. Dawkins: The other thing I have, Mr. Mayor is - Mr. Mielke, will you bring Mr. Mielke down, please? (INAUDIBLE BACKGROUND COMMENTS) Mr. Dawkins: Well, that is all right. On the Martin Luther King birthday, it is impossible, in my opinion for us again - OK, there is Mr. Mielke. Mr. Mielke, last year this Commission made Martin Luther King's birthday a holiday, with the understanding that those bargaining agents who desired it, would ask for it at the bargaining table and it would be bargained in as a legal holiday. Is that correct, sir? Mr. Plummer: Two hundred thousand! Mr. Dean Mielke: Yes, sir. Mr. Dawkins: OK, now, prior to this, the Sanitation workers had given up... Mr. Plummer: Commissioner Dawkins... Mr. Dawkins: Yes, sir. Mr. Plummer: May I stop you for one minute? Mr. Dawkins: Yes, go ahead. Mr. Plummer: I think in all fairness, I think the union representatives ought to be here to hear exactly what is being said. Now, you proceed if you want, but the Police and Fire representatives are not here. They have disputed this word, and I think they have the right to hear what is being said. Mr. Dawkins: OK, you are right. Mr. Plummer: And I would appreciate that somebody try to find them, and we bring this matter... Mr. Dawkins: No, we can forget about that, because all I am going to say is that last year, we made the agreement that we would not again give it away, that it would have to be bargained for. It was not done; therefore, the only thing I can say to those individuals who desire, or, are desirous of taking the day, and call in sick, that is all I can tell you. Mr. Plummer: I think there is a key point. Mr. Mielke, in your negotiations, it was stated by one of the representatives of the unions, I don't remember which one, and I will stand corrected if I am wrong or misunderstood, that you told them that the only way that they could get Martin Luther King as a holiday, was to give up another holiday, not a value consideration. Is that a true statement, or not? Mr. Mielke: No, in fact, at one point when we were negotiating on drug language, we said, if you will buy our drug language, we will throw in the holidays and some insurance proposals. Mr. Plummer: Was there ever any discussion in negotiations, knowing as the Manager tells me, that it represents $200,000, that they would give us something of value of $200,000 to get this holiday. You see, their contention was very clear. They say, you told them, the only way that they could get holiday was to give up another one. Mr. Mielke: Well, they are basically correct. What we said in essence to them is, we will trade you for any other holiday you wish to trade, number one... Mr. Plummer: But then, you didn't give them the flexibility of taking $200,000 in value. 141 January 8, 1987 Mr. Mielke: Negative, Commissioner. You are misunderstanding what I am saying. What we are saying is, one of the offers we said is, we will offer to trade it; at one point we said to them, we will give you the holiday if you will buy our drug language, and we will even give you some improvements in hospitalization. Mr. Plummer: So you are saying then, for the record, that you gave them flexibility. Mr. Mielke: Sure. Mr. Plummer:..... other than their contention that the only flexibility they had is to give up another holiday. Mr. Mielke: You have to understand bargaining. I can say anything I want to them and they can just thumb their nose. I mean, they don't have to buy it, they can say, "Fine, but we will give you this as a counter." Mr. Plummer: Mr. Mielke, on the record, they did not thumb their nose. What they said was very clear, that the only alternative they had was to give up another holiday, and they outlined that they couldn't give up Christmas, they couldn't give up New Year's, they couldn't give up Thanksgiving, they couldn't give up Labor Day. What other holiday was there to give up? And they said that you told them... am I right?... Mr. Mayor, is that the way you understood it? The only way they could get Martin Luther King was to give up one of the other holidays. Mr. Mielke: Well, that is basically incorrect, and let me give you an example. Mr. Plummer: That is what Miller was trying to strive for, I think. Mr. Mielke: Let me give you an example. All of the employees get approximately 10 holidays now plus they get 14 to 16 hours floating holiday on top of that. We could have just as easily said, we will trade you eight hours of floating holiday time for that, but nobody wanted to do that. Mr. Plummer: Mr. Mielke, you are maybe not understanding me, sir. I am addressing the comment which one of the unions... Mr. Mielke: I am saying that comment is incorrect. Mr. Plummer: All right, thank you, sir. Thank you. Mr. Dawkins: OK, that is all Mr. Mielke. Mayor Suarez: Anything else? Thank you, Dean. Mr. Plummer: Now you all can go fight about itl 55. DISCUSSION REGARDING RUNNERS INTERNATIONAL. ------------------------------------------------------------------------------ Mayor Suarez: Item 63, Runners International. Mayor Suarez: I understand we are going to hear a very good, favorable report, no bad news, no requests for money. Mr. Plummer: Basil, I want to talk to you about getting off of Key Biscayne on Saturday night. It took me one hour and forty minutesl Mr. Basil Honikman: Not guilty. Mr. Plummer: The hell you sayl I heard your voice on the P.A, system telling the runners because of an accident on top of the bridge. Mr. Honikman: I was a guest. That is true. 142 January 8, 1987 I Mr. Plummer: Laid out very badly. Mr. Honikman: Well, as usual, Commissioner Plummer, you have taken the words out of my mouth. I don't know what to say. Key Biscayne wasn't our party. That's... perhaps this personal appearance will at worse, give you some light relief, and at best, perhaps I can talk about some serious, good benefits for the City. We didn't come to ask for money. Cesar sent three of his aides around to head me off at the path, if that was the case. But, on Saturday is the 10th American Savings Orange Bowl Marathon. On the 31th of January, is the Orange Bowl 10,000 meters, which Commissioner Plummer started last year, and I think which the Manager and Commissioner enjoyed. We will have 5,000 people in these events. We have tours coming from 13 countries from as far away as Brazil. The Japanese said they were coming, but I think they are going to make it by 188, but the French and Swedes and the British are here too. We think that with over 1,000 people staying in hotels here, in the City, we might have as big a benefit as $2,000,000 into the general over all good of the City and the County. We had a successful fall, after a fall with a seasonal inference, not a collapse There has been a general resurgence, our events are back, fully funded 'in the private sector. We've managed to general sponsorship reflecting a very nice balance between national and local sponsors. We have such names as Eastern Airlines and Nike and Doctors' Hospital and American Savings and the Orange Bowl Marathon is still the largest marathon in the southeast, so as I said, we are not here to ask for money. We are here at the end of ten years to say thank you, and to ask for cooperation and support in the future. We have had some meetings with officials with regard to this year's events and things look very good. I have one last thing to say, and that is that sports offer a rich harvest. Commissioner Kennedy attended a meeting of a number of people in the greater City to start a Greater Miami sports organizing committee in order to try to tap the pot of gold, which is estimated to be in the neighborhood of $300,000,000, which lies at the end of the rainbow of amateur sports. I think there about 130 Olympic sports, all of whom are looking for places to come and do their thing, and it can be an all year around series of activities. Well, we are going to keep chasing that hard. I think that the Fiesta Bowl is going to make a change to the kinds of things that happen with ball games. I think we can get the Orange Bowl Committee, at least I am saying this with no other commitments, but just my impression that we can start to get them to extend some of the interest beyond what they have been doing, and so really, we are here just to tell you that the running series is here again, Runners International is a 501C3 not for profit corporation, which serves the community, promotes the Greater Miami area, provides education in health and fitness. That is really all I am here to do except to present the Mayor with this ceremonial T-shirt. (INAUDIBLE BACKGROUND COMMENTS) Mr. Honikman: Well, I got some in packets for you guys. Mrs. Kennedy: Best personal appearance I've ever seen since I've been elected! Mayor Suarez: Close to shortest. Mrs. Kennedy: This great. Mayor Suarez: Thank you. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Not finished? Mr. Honikman: All finished. Thank you very much. Mayor Suarez: Thank you, Congratulation for your fine work and for not asking for money and being brief! 143 January 8, 1987 Ll 56. ORDER REVIEW OF PROPOSALS FROM "CODEC INC" AND "ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY" IN CONNECTION WITH AFFORDABLE HOUSING AT THE CIVIC CENTER SITE. Mayor Suarez: Agenda item 64, for representatives of CODEC. Ralph, do you want to make a statement on this? Mr. Ralph Packingham: Yes, Mr. Mayor, we would like for this item to be deferred, because to give us more time to put our package together. Mayor Suarez: Well, this is a personal appearance, so let's see what they come up with and act accordingly. I gather your intentions would be possibly to compete for this site that they... OK, we don't know what we are going to do at this point. Maybe we will follow the same procedures that we did on the other site, and we ought to hear from somebody who is ready to make a presentation on it. Unidentified Speaker: Mr. Mayor. Mayor Suarez: Yes, Julio? If you want to say that we ought to do the same exact thing with this as we did with Melrose, I would fully agree and would so entertain a motion to save you a presentation, but we have to bring both of these up to the same level now. We can't have one to continue to be a personal appearance and the other one being for determination. I am ready to vote on both of these today. Mr. Plummer: There is a big difference - big difference. Mayor Suarez: Well, what is the difference? What is the difference? Mr. Odio: Why can't we get the proposals and do the same thing we did with the other site? Mayor Suarez: That is what I want to do, and have them both ready within two weeks, so we can vote on both of them. Mr. Plummer: Question. Mayor Suarez: Yes. Mr. Plummer: Mr. Manager, who owns the property? Mr. Odio: The County. Mr. Plummer: The County. Mayor Suarez: Same situation. Mr. Plummer: No... it is exactly identical? Oh, OK. UNIDENTIFIED SPEAKER: Maybe that takes care of it. Mayor Suarez: Do we understand the ground rules? You have got a proposal that has to fit the parameters of the Melrose site presentation that we have heard, and I believe it does from what we have heard from you before. You know how to do that now, since you have done it with Melrose. Those proposals have to be in in time to be reviewed by the City staff, they can make a recommendation so we can decide these on the 22nd. Mrs. Kennedy: Mr. Manager, you will make a very clear recommendation in two weeks then. Mr. Odio: If I have the proposals today. Mayor Suarez: Yes, if they can get them in on time and have them analyzed. Mrs. Kennedy: Yes, provided they get it in on time. 144 January 8, 1987 Mr. Odio: We need the proposals today. Mayor Suarez: Jerry, can you do it, if they do get them in? You have been looking at some of these, I presume, right?... CODEC? Mr. Jerry Gereaux: I have not seen the competing proposal. I've seen the preliminary proposal from these people, but I would like to have the opportunity to evaluate what is available today. Mr. Plummer: Is your proposal ready? (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: OK. Mayor Suarez: Do you mean, as you suggesting to us, that we hear from CODEC today? Mr. Gereaux: No. It is perfectly OK with me if the proposals are handed to me today for evaluation, Mr. Mayor. Mayor Suarez: OK, in other words, you need two weeks, two full weeks. Mr. Gereaux: Yes, I need two weeks. I need the proposals today. Mayor Suarez: Armando, how quickly can you get yours? Mr. Gereaux: Mr. Mayor, excuse me, I will have to make the recommendation based on what is available now, otherwise... Mayor Suarez: Well, today is flexible. Today could be, tonight, tomorrow, so on, right? I mean, you give them 24 hours. Mr. Dawkins: But, if they get it to you... Mr. Gereaux: I call for tomorrow by 5:00 p.m. Mr. Dawkins: Well, you are not going to work on the weekend. What about Monday morning? Are you going to work on the weekend? Mr. Gereaux: I probably... Mr. Dawkins: You are not that dedicatedl Mayor Suarez: How about tomorrow, by the end of the day? Mr. Gereaux: ... with two sites to evaluate, I will probably be working every weekend. Mayor Suarez: Wait, wait. He is ready for the end of the day tomorrow, we don't have to argue that. Can you do it by the end of the day tomorrow? Mr. Dawkins: Monday morning. Mr. Armando Cazo: Mr. Vice Mayor, we can do it today. Mayor Suarez: OK, great, all right, so there is no argument. Mr. Cazo: I mean, our proposal is ready. Mr. Hector Pages: We are ready. Mayor Suarez: Do the same thing, and I will take that in the form of a motion. Mrs. Kennedy: I so move. Mayor Suarez: So moved, do we have a second? Mr. Dawkins: Second. 145 January 8, 1987 Mayor Suarez: Seconded. Any discussion? Call the roll. We have had some much discussion on these items. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-49 A MOTION INSTRUCTING THE ADMINISTRATION TO REVIEW PROPOSALS FROM "C.O.D.E.C. INC." AND "ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY INC./ARMANDO CAZO AND HECTOR PAGES; JOINT VENTURE PARTNERS" IN CONNECTION WITH A PROPOSAL FOR DEVELOPMENT OF LOW/MODERATE INCOME HOUSING AT THE CIVIC CENTER SITE; FURTHER DIRECTING THE MANAGER TO COME BACK WITH A RECOMMENDATION BY THE MEETING SCHEDULED FOR JANUARY 22, 1987, BASED ON EVALUATION OF THE PROPOSALS AS PRESENTED TODAY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 57. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION SO FUTURE CITY PROJECTS ARE SUBMITTED THROUGH REQUEST FOR PROPOSALS; FURTHER STIPULATING THAT COMMUNITY BASED ORGANIZATIONS WILL BE FAVORED IN THE EVALUATION. Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Plummer: Mr. Mayor, I'd like to make a motion at this time. I've got to tell you... Mr. Dawkins: Joe, yes and no. Mayor Suarez: Commissioner Plummer. Mr. Plummer: I don't know about the rest of you, but I feel a little bit uncomfortable with this process. I've got to tell you that. I think that I would like to make a motion, just a sense of this Commission, that all future proposals go to an R.F.P. Mayor Suarez: I'll buy it. Mr. Plummer: All right now, I want to put on the record... Mayor Suarez: Now, let me just say one thing on that, that we are talking about something that was supposed to have been initiated in 1976, this is eleven years later, but I agree with you. We have got sites now that we have acquired that have belonged to the City, such as the one right back here at Franklin and Douglas, and you are right, that we are going to have to go to full R.F.P.Is. Legally we are going to have to do it, and as a matter of policy we ought to do it, but... Mr. Plummer: Well, Mr. Mayor, I want it on the record... Mayor Suarez: I'll go with you on that. 146 January 8, 1987 Mr. Plummer: ...that it is the City Attorney's ruling that what we have done with the Melrose site and the Civic site is perfectly legal. I want to make that understood. Mayor Suarez: Do we have an opinion to that effect? Mr. Plummer: OK, Madam City Attorney? Mayor Suarez: What is that opinion? Mrs. Dougherty: Yes, and the reason is is because the land is owned by Dade County, so Dade County is still going to have to dispose of this land under their bidding procedures, which permits them to dispose of land to a nonprofit corporation without bidding. Our Charter would not permit us to do that, so, if we own the land... Mr. Plummer: Well... Mrs. Dougherty:... in other circumstances; this could not be done, except for in these two instances. Mr. Plummer: Well, that is fine, but I want to tell you, whether we own the property, or the County owns the property in the future, I want to tell you something, I am going to be a hell of a lot more comfortable if we go to an R.F.P. Mr. Dawkins: What is the difference, J. L. ... Mr. Plummer: Well, I will tell you what the difference is. Mr. Dawkins: No, wait a minute now, what is the difference in this, and what we did with the Shell City site? Mr. Plummer: A lot of difference. Mayor Suarez: Or Squire... Mr. Dawkins: What is the difference? Mr. Plummer: Well, let me not address that first. Let me address first what my concern is. Mr. Dawkins: OK. Mayor Suarez: As a matter of fact, we also have been - the City has also been waiting for ten years on that one, so we have gotten those out of the way, and I fully agree with Commissioner Plummer, that in the future, and particularly as to anything that the City owns, or even if doesn't, we ought to go to an R.F.P. I agree! Mr. Dawkins: Go ahead, J. L., but you have... Mr. Plummer: Let me tell you what my area of concern is. At this particular point, we have two bidders. If we go out to an R.F.P., we might have six bidders. Now... Mr. Dawkins: OK. Mr. Plummer: Now, OK, what I am saying to you is, that at this particular point, just remember the Melrose site, prior to the prior meeting, we had one bidder, that was it! Then this group came in and said, whoa, whoa, we want to be considered. Now, we the Commission then said to the Manager, you are limited to these two people. Everything is legal. City Attorney says, that is fine, we can do that. Here we are now turning around doing the same thing with the Civic site, OK? We have got this group who says we want to be a proposer there, rightfully so, we are the community, we want to be responsible. We have another gentlemen that comes up here and says, hey, whoa, I want to be a bidder. Now, how do we know - how do we know that there isn't some other proposal of a developer out there, who gives 20, 30 percent better offer to this City than what these two groups will be offering? Now, that is what I am uncomfortable with, OK? I am not trying to compare apples to shells, Liberty City to the project of Vizcaya, or to the project here. I 147 January 8, 1987 just say that if we go to an R.F.P., there can never be anything said that we tried to rush a deal through, we didn't go out and try to get every best conceivable offer that we could get, and I am saying, not to these two projects, these are, in my estimation, are legal and are in fact, blocked. But, I would just like to see in the future that any of these projects go to competitive bidding to R.F.P. kind of a situation. Hey, God bless them, they might come in there nonprofit, they might come in best, maybe they won't, but that is the name of the game, the best that we can get for this City. I'd like to make a motion at this time, that the City Attorney be instructed to come back with the verbiage of whatever is necessary to put into action that which I have just said, and I so move. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded, and it will express the policy of the Commission for future matters of this sort. Mr. Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner. Mr. Plummer: Excuse me. Mr. Dawkins: I wouldn't feel uneasy with that if I had not been subject to the Claughton Island deal. You see, anytime we start talking about doing something in the community, with the community based organizations, then we come up with all kind of rules and regulations and etc., that exclude that group that we are supposed to be talking about helping. But, when it comes to the big developers we make all kind of concessions because we know that when we go to the R.F.P., they can make these concessions and they can outdo these people whom we are supposed to be working with, so, I am going to vote with the motion. Mr. Plummer: Well, Miller... Miller, I have no problem, if for example, you want to include in that verbiage, that a community based C.B.O. has a 10 percent, or a 5 percent edge, that is fine, because I think it is only proper that they do have an edge. They are the people of the community. Now, I have no problem with that, but I still think that we have got to go through some kind of R.F.P. proposal so that we sitting here making the vote and the final decision will know that after everything that could be done, we have got the best deal, and I don't know how else to do it. Mr. Dawkins: And we will still be criticized. Mr. Plummer: Well, that goes with the job, I mean that is part of the turf. Mr. Dawkins: OK, then, OK, no problem. Mayor Suarez: OK, call the roll. We have got a motion and a second. Did we vote on that, or is that just an idea of mine? Ms. Hirai: No, we haven't. Mr. Carollo: Repeat the motion, please. Mr. Plummer: The motion, is, Mr. Carollo, that all future proposals, whether we own the parcel or not, of these kind of concepts that must be approved by this Commission, have to go to an R.F.P. These two are locked and City Attorney has ruled that they are both legally being done in the process that is being followed, but I am saying that in the future, to go to an R.F.P. We then will know whatever is out there and the best deal that could be made for this City. Mayor Suarez: Call the roll. 148 January 8, 1987 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-50 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE PROPER LEGISLATION IN ORDER TO REQUIRE THAT FOR ANY FUTURE CITY PROJECTS A REQUEST FOR PROPOSALS WILL BE PUT OUT IN ORDER THAT THE CITY MAY EVALUATE AND AVAIL ITSELF OF THE BEST POSSIBLE DEAL; FURTHER STIPULATING THAT WHENEVER A COMMUNITY BASED ORGANIZATION IS INVOLVED IN RESPONDING TO THE R.F.P., THE ADMINISTRATION WILL RECOGNIZE A FIVE TO TEN PERCENT EDGE IN THEIR FAVOR. 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: Thank you, Jerry, thank you Armando. Mr. Cazo: Mr. Mayor, just one point of clarification. Who should we deliver our plans and everything else? Mayor Suarez: I would think, Jerry. Mr. Plummer: And get a receipt. Mayor Suarez: With the date on it stamped! 58. AUTHORIZE STUART SORG'S TRIP TO QUARTERLY PLANNING CONFERENCE ON SCHEDULING OF VESSELS OPERATIONS DOWN THE ATLANTIC COAST. Mayor Suarez: Agenda item 65. Stuart, you are out there? Make it less than 30 seconds, Stuart! You can do it. Mr. Plummer: And if you bid on Merrill Stevens, so help me God! Mrs. Kennedy: Commander Sorg. Mr. Plummer: Is there anything different than what you told me last night? Then I don't have to read it. Mr. Stuart Sorg: Today I'd like to address a couple issues. One, we are working on the - Stuart Sorg, 3091 Lucaya, Coconut Grove. We are working on a couple of issues. One is the Reserve Center to be converted, or come into the City's possession for park, and also to bring Naval vessels into Miami, and particularly, to bring one vessel in here as a training ship to be stationed in Miami, but tonight, I want to talk just briefly on the carrier that we have been working on. The first page of your package, you will notice it is various correspondence dealing with the carrier itself. Item number one, Admiral C. H. Cross is now the commanding chief of the entire Navy, and he is the one that gave the early go ahead to me. Coming on down, you will find various messages. On the 21st of November, Admiral Tuttle gave me the go ahead to say the carrier would be coming in. We have just had recently, communications from that the carrier will be here. Mrs. Kennedy: Stuart, for how long? 149 January 8, 1987 Mr. Sorg: Yes. Mrs. Kennedy: For how long? Mr. Sorg: It will be four days, from the second through the fifth, but I want to make one point to you. If you turn the page of your packet, you will notice that the carrier's picture is there. It is a CV-60, the Saratoga. It has a crew of 5,000. We ran into a hitch, and working on these things, it takes time, and energy, and effort, so forth. The carrier draws 38 feet. The Captain requires 42 feet. We have 37 feet in Government Cut. What have we done? We had to get back on the phone last week to the Admiral and get this worked out. They have agreed now, to anchor the carrier off of Miami Beach on a holding buoy, which is about a mile off the coast, at which time they will engage their liberty launches, and the sailors will come into Miami by liberty launch. What we are working on right now is, and I have been invited next week, to attend the planning conference, Naval operating base in Norfolk. Every three months, all Naval vessels that operate up and down the Atlantic coast, do so following a scheduled quarterly planning conference. Vessels just don't take off and the Captain says, "I think I am going to the Bahamas this weekend." They schedule three months in advance, so we have had to wait a long time, a year, to get a major shipping line, a carrier, in here, so I am going to Little Creek, in Norfolk, Virginia, on Thursday to sell the City of Miami, for future big ship visits. We have had a few ships this year, but we haven't had a great response from the community, but I will be there in uniform, they requested a Naval officer, I'll be there representing this City to get this ship and other ships here. Now, I want to just take a moment and run through this packet with you. You will find that this carrier, with 5,000 people will bring in about $2,500,000 in revenue, and if you run oranges to oranges, that would mean if we were really working at this program, that Dinner Key, which takes a year to develop $1,000,000 in revenue, the carriers are going to bring the same type of dollars into the community in five days. The last page of your packet, you will notice an article that was in the Miami Herald in Ft. Lauderdale, where they stated, the Herald did, in conference with the City of Ft. Lauderdale officials, that $81,000,000 in revenue came from Naval vessels in 1981, there was over 73,000 sailors came ashore and over 250 ships. Now, what does that mean to the City? It means a number of things. That means no project that we are working on today could be of greater economic benefit to the City than Navy visitation programs. So what are we looking at? I have invited... Mr. Manager? Mayor Suarez: Stuart, can you give us an idea where you are headed, as far as what you want the City to do, I mean other than the report that we can read? Mrs. Kennedy: In other words, how much is it going to cost us? Mr. Sorg: Right, I am just going to get to that right now. What we have done is, to put all of this together... to put all of this together, we are going to have a major planning conference the first week in February, which will be the yacht clubs, the chambers of commerce. They are going to send down Captain Colucci who heads the planning schedule, and also the operations boss from the carrier. To do all this, to run all this and so forth, we will need some dollars from the City, I don't think a great deal, but the Manager has already agreed to fly me to Little Creek, so that has been taken care of, on Thursday. (INAUDIBLE BACKGROUND COMMENTS) Mr. Sorg: He is going to pay for it. What I need is, to run this program until September, Mr. Mayor, to run the program until September for the... Mayor Suarez: To get my attention, you have got to give me a figure. Mr. Sorg: I will, $4,500. I'd like to work with the Manager and negotiate the contract for the rest of the year to get all these ships in here, to handle the administration that it takes, and so forth to this. That is not very much money. We are talking about a lot of money, it takes a lot of time, and I am going to have this ship in here. It will be on the second through the fifth, we have got confirmation, but it will be a lot of planning. You will have to be involved, we will probably have to involve Dade County, because we need the buses, and a whole lot of things. 150 January 8, 1987 Mayor Suarez: I was in favor of you getting the full amount that you had initially requested for a year's term, I've got no problem with it, so you don't have to argue with me. Mr. Sorg: All right, is that agreeable? Do we need to vote on it? Mayor Suarez: Oh yes. Actually, $4,500 we don't, but he usually wants us to vote. Mr. City Manager? Mr. Sorg: Well, I want to clear it through the Commission, because it is a minor figure, but it is going to take a ton of time. Mrs. Kennedy: Mr. Manager, what is your recommendation? Mr. Sorg: $4,500. Mrs. Kennedy: Stuart Sorg! Mr. Odio: See, the problem is, I have already paid him $4,500 for this year's work, and I thought we had it all... Mr. Sorg: Not this year, that was last year! Mr. Odio: For last year's. Mr. Dawkins: What did the year run from? What, December to December? Mr. Odio: My only concern is that we lose coordination here. We have a group of people working with the Chamber of Commerce in bringing all these other vessels that come in, and I don't want to alienate them. Somehow we need to work this out, so that we are all working together. Mr. Sorg: Let me address this issue. I am head of the Host Committee of that same committee. This is worked through Rita Glass, who is the chairman of that committee. I have been on the phone with them today, all week long I don't know what is going on. Somebody has to get involved with it. It takes somebody in the Navy to do that. Mayor Suarez: Did you say, Rita Glass? Mr. Sorg: And the last time we had ships here, it took me... Mayor Suarez: Did you say, Rita Glass, is that what you said? Mr. Sorg: Yes. Mayor Suarez: You mean, Holland Knight? Mr. Sorg: Yes. Mayor Suarez: Attorney? Mr. Sorg: He is chairman of the Military Affairs Committee, of which I am chairman of the Host Committee, to be responsible for all the ships coming in, all the activities, all the events. The last ship we had in here, I spent three days on that ship, to provide Dolphin tickets and the whole bit. Mayor Suarez: Your contract initially had been requesting a total of $18,000 for one year. Mr. Sorg: $9,000 last year. $9,000 last year. Mayor Suarez: And we have given you what?... $4,500? Mr. Sorg: $4,500. This is paying up last year, but I am moving it ahead this year. Mayor Suarez: I understand. So, if we agree to this, we would have given you half of what you initially asked for. Mr. Sorg: That's right. 151 1 January 8, 1987 Mr. Odio: And what I would rather do is sit down and negotiate an agreement with him, so that we have complete control over what he is doing, and what we are doing in other places. We have expended $300,000 invested, $300,000 in that slip over there to bring these ships in, and we don't want to create any problems. So if Stuart, is willing to work together with us... Mrs. Kennedy: OK, can you do that and come back on the 22nd? Mr. Odio:... and then we will come back to you. Mr. Sorg: Well, let's don't come back to... let me work it out, because I've got to be in Little Creek! Mayor Suarez: It is within his discretion anyhow, and I have no problem, if the Commission... Mr. Sorg: Sure. Mr. Odio: No, Mr. Mayor, let me be clear. I paid him $4,500. If I did another $4,500, I would exceed my authority, and I don't want to do that. Mayor Suarez: Oh, I see, it is within the same... Mr. Sorg: Right, but that was for last year for a $9,000 contract, and I was paid half of it. I still am owed... Mayor Suarez: I am willing to have you negotiate that and give you discretion within the $4,500, if somebody wants to make that in the form of a motion. Mrs. Kennedy: Yes, and I will put that in the form of a motion. Mr. Plummer: So moved. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Mr. Plummer: Well, let's be fair. Mr. Manager, can we say $4,500 and any approved expenses? Mr. Odio: Yes, for instance, he did tell me that he had to fly to... Mr. Plummer: Well, he said he has to go up to this meeting, and I don't think that should come out of his monies. The travel should be any... but, you have got to approve them in advance. Mr. Odio: No, I agree, yes, provided that we approve up front like he asked me, that he had to go to Virginia, and... Mr. Plummer: Fine, but I am saying, any approved in advance expenses, plus the $4,500. Mr. Odio: Right. Mr. Dawkins: Well, what else does Stuart do? I mean, how do you know that when Stuart goes with your travel money, that he is not doing something else for Stuart? Mr. Odio: I don't know that. Mr. Plummer: You will know it when you see the Air Force carrier sitting off of Miami Beach. Mr. Sorg: In that document, every... I just gave him a... Mr. Dawkins: Oh, come on! A computer will do anything you tell it to do. Mr. Sorg: No, I've got it... Mr. Manager, did you tell him? Mr. Odio: What? Mr. Sorg; Documentation. 152 January 8, 1987 Mayor Suarez: Well, I presume, by the way, in connection with that question, that the expenses we are talking about are a lot less than the fee of $4,500. We are not talking about... Mr. Sorg: It is nothing! Mr. Plummer: Minimal, minimal. Mr. Odio: No, excuse me. The air... Mayor Suarez: I don't want to get, you now, an expense account of... Mr. Odio: No, it is $432, the ticket cost. Mr. Plummer: I said, approved in advance by the Manager. Mayor Suarez: All right, call the roll on that motion. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-51 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $4,500 PLUS ANY APPROVED EXPENSES IN CONNECTION WITH STUART SORG'S TRIP TO THE QUARTERLY PLANNING CONFERENCE IN LITTLE CREEK, NORFOLK, VIRGINIA, WHERE SCHEDULING OF ALL VESSELS THAT OPERATE ON THE ATLANTIC COAST IS DONE, IN ORDER THAT HE MAY SELL THE CITY OF MIAMI TO ANY FUTURE VISITS OF BIG SHIPS TO THIS AREA. 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. ------------------------------------------------------------------------------ 59. CLOSURE OF STREET FOR JOSE MARTI PARADE (BIPRISA) ------------------------------------------------------------------------------ Mayor Suarez: Item 66, representatives of BIPRISA. Where is the spokesperson? Mr. Dawkins: They are coming now, Mr. Mayor. Mrs. Sanchez -Fuentes: Good afternoon, City Commission. I am Mrs. Sanchez - Fuentes from Bilingual Private School Association, (BIPRISA). For the past twelve years, the Bilingual Private School Association has organized to honor the legendary orator, Jose Marti. Mayor Suarez: Let me just interrupt you. I presume it is a nonprofit organization, that you are not being compensated for your appearance here today. Is that correct? Mrs. Sanchez -Fuentes: Yes. In 1985 the City of Miami inaugurated the beautiful Jose Marti Park on the 28th day of January, with our parade. With the help of the City of Miami, it was a success. Thousands of school children from privately owned schools participate in the event, which is a well known tradition in this community. On January 28th is a significant date for all exiled Cubans and for all those who fought for liberty and justice. Please, we ask that the City Commission provide funds to sponsor this event. 153 January 8, 1987 Mr. Plummer: Have you seen this proposal? Mr. Odio: I have talked to them and I explained to them that we have a no funding policy, and based on that policy, I had to recommend against it. Mayor Suarez: It is not really a no funding policy anymore. Just to clarify, there is now set aside $200,000 a year approximately... Mr. Plummer: Which has been allocated. Mr. Odio: Well, we already funded the programs that... Mayor Suarez: Which has been already allocated for this particular fiscal year for events similar to this, and the way we have passed the ordinance today on second reading, each year some of that money will be available for new entrants into the sweepstakes, if you want to call it that, of the approximately $250,000 that we spend. But, for this year, we would be violating our policy if we entertained a whole new festival, program, parade, whatever it would be, such as yours. Now, the Commission can still do that, don't get me wrong, you know, to tell you that we cannot do it, but it would be violating our policy. Mr. Plummer: You can apply for next year. Mayor Suarez: You can apply for next year. Have you sought private funding from any sources?... foundations... Mrs. Sanchez -Fuentes: No, because we want the City to sponsor with us the parade, no? And then if the course is... Mayor Suarez: The parade would be in the City of Miami? Mrs. Sanchez -Fuentes: The City of Miami. Mr. Plummer: Oh, yes, it was last year. Mrs. Sanchez -Fuentes: And the school is... Mayor Suarez: How did you fund it last year? Mrs. Sanchez -Fuentes: Last year? No, I don't know how much it was last year. Mayor Suarez: Well, let's see if you can give us an idea on that. Mr. Antonio Brito: We made it with the City of Miami. Mrs. Sanchez -Fuentes: Yes, the City of Miami was our sponsor. Mayor Suarez: Well, waivers, or... Mr. Plummer: No, no, we paid it in hard cash. We paid it in hard cash. Mayor Suarez: How much was it? Mr. Brito: Last year? Around $4,000. Mrs. Sanchez -Fuentes: $4,000. Mr. Plummer: No, no, it was a lot more than that. Well, OK, the parade itself was $4,000. The other accessory items that went with it really... Mayor Suarez: Waivers and... Mr. Plummer: It really was a price. Mr. Antonio Brito: I think the only amount of money... Mrs. Kennedy: Would you please state your name and address for the record? Mr. Antonio Brito: Excuse me, yes. I am Antonio Brito. I am on the Board of Directors of BIPRISA, and I think the only amount of money that you really 154 January 8, 1987 have to give for the parade is the boxes of lunch that you give to the students and... Mrs. Sanchez -Fuentes: The flags. Mr. Brito: And the f lags, the American f lags that you gave us. The other things are on -duty policemen, on duty... Mr. Plummer: But sir, they have got to be paid. No, not on duty, you can't use them for parades. Mr. Brito: Well, that is what the letter says. Mr. Plummer: Well, you can request that, sir, but still, those policemen have to be paid, and they are off -duty. They are about $14 to $16 an hour per policeman. Mrs. Sanchez -Fuentes: The approximate cost in police here is $1,880, but this 25 police is too many police for that parade, because it is only four blocks. The parade starts... Mr. Brito: It is from 8th Avenue to Jose Marti Park. Mrs. Sanchez -Fuentes: From Riverside Park to Jose Marti Park is four blocks, and I think 25 police is too many for... Mr. Plummer: How big a crowd are you expecting? Mrs. Sanchez -Fuentes: How many? Mr. Plummer: What is your estimated crowd? Mr. Brito: We expect about... Mrs. Sanchez -Fuentes: Students? Mr. Plummer: No, no, total. Mayor Suarez: Total attendance. Mrs. Sanchez -Fuentes: All? About 500 people. Mr. Plummer: 5007 Mrs. Sanchez -Fuentes: I think so. Students is about... Mr. Brito: 500 for the people who are going to... Mayor Suarez: Participants. Mrs. Sanchez -Fuentes: I don't know. Mr. Brito: Yes, and students about 1,000. Mayor Suarez: And about crowd, people watching? Mr. Brito: Yes, it is around, I think most of them that will go over there is around 1,800, no more than that, because she said Labor Day, you know, is a day where everybody is working. Mr. Plummer: And they are telling you how many policemen? Mr. Brito: 25. Mr. Plummer: And how many hours? Mr. Brito: Two hours is... Mrs. Sanchez -Fuentes: 10:00 o'clock in the morning until 12:00 noon. Mr. Plummer: Well, I think that the police have a four hour minimum, as I recall, for off duty work. 155 January 8, 1987 Mr. Sanchez -Fuentes: Well, from 10:00 o'clock until 1:00 o'clock. You have been there. Commissioner Dawkins has been there and... Mayor Suarez: Mr. City Manager, does that sound reasonable for the number of police officers for that expected crowd, 25? Mr. Plummer: No, I think it is the distance involved they march. Mr. Brito: Yes, but it is only four blocks. Mrs. Sanchez -Fuentes: It is only four blocks and about three hours. Mr. Plummer: I am not arguing. Mayor Suarez: Well he is saying that is what the distance is he is talking about. Mr. Plummer: Well, irrespective of how many policemen, is what your're asking the Manager to , to see if there is a way of reducing the amount of police, that he can do, but as far as the monies to pay them is concerned, that we cannot do, so I mean, are we arguing semantics? Mrs. Brito: Yes, we are here just for the... Mayor Suarez: The funding part is going to be tough. Do you need a permit? Do we need to vote on that, Mr. City Manager? Have they requested a permit, do we need to vote on that? Mr. Odio: No, the permit... to close the street, you have to vote it. Then we have to ask now what streets they want to close and request that from you, yes. Mayor Suarez: Do you want us to take a vote on that? Are you prepared to make a recommendation on that? Do you have any problem with that? Mr. Odio: I have no problem with closing of the streets. Mayor Suarez: Do you want us to vote on that? on getting the permit to close the streets? Mrs. Sanchez -Fuentes: Excuse me, I can't hear. Mayor Suarez: To get the permit to close the streets at least, so you don't... Mrs. Sanchez -Fuentes: Yes, we need to close the streets. Mr. Brito: Yes, we need the permits, but we also need the money. Mayor Suarez: Well, I know that, but assuming that... I mean, no one here has said that there is any money anyplace. Mr. Brito: There is no money? But, there was last year and the year before. You used to help us. Mr. Plummer: All right, that is exactly true. Then this Commission, because of the year before spent $2.3 million dollars, we had Federal funds. We now have zero Federal funds left. That is it, there are none! The cupboard is bare. It is just that... you know! Mayor Suarez: And our millage rate is right up close to the maximum allowed by law. We can't increase taxes. Mr. Plummer: Now, I would be happy - if you want to proceed, you are going to have to come up with your own money, of course. If you want to close the streets tentative, we would do that, and if you want to ask the Manager to look into reducing the number of off -duty policemen, we can do that, but I am sure you are not going to reduce it but by maybe two or three at the most. Now, if you are telling us... Mr. Brito: So, we have to pay for that. 156 January 8, 1987 El Mr. Plummer: You have got to pay for it. Mrs. Sanchez -Fuentes: Well, last year, the last four years, the City paid. Mr. Plummer: Ma'am, the last four years we had Federal money. We don't have Federal money, it is gonel Mrs. Sanchez -Fuentes: I'm sorryl Mr. Brito: OK, let's ask for the permission of... Mayor Suarez% I'll entertain a motion on the permit. Mr. Brito: Yes. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-52 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO APPROVE CLOSURE OF STREETS AS REQUESTED BY REPRESENTATIVES OF ASOC. DE ESCUELAS PRIVADAS BILINGUES (BIPRISA) IN CONNECTION WITH THE PARADE HONORING JOSE MARTI TO BE HELD JANUARY 28, 1987; SUBJECT TO APPROPRIATE PERMITS FROM THE DEPARTMENTS OF POLICE AND FIRE ARE OBTAINED. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. DURING ROLL CALL: Mr. Plummer: Yes, now, so you understand, sir. Mr. Brito: Yes, I understand what you are saying. We are asking for the permission, and I am going to... Mr. Plummer: Let me clarify that we are closing the streets subject to the Police Department's, the Fire Department's, and the Manager's approval. Mr. Brito: Yes. Mr. Plummer: As to what - well, they have got to give you the streets. You've got to approve the route. Mr. Brito: It is right here. Mayor Suarez: Yes, and don't hesitate to call on anyone on this Commission, including myself, to try to look around for private funding, you know, there is a lot more out there than you would think, and I would be happy to help you personally so we can fund it. Mr. Carollo: Can you arrange a meeting between them and the Police Department to see if the number of policemen could be lowered? 157 January 8, 1987 El it Mr. Odio: Yes, sir, right now. Mayor Suarez: Would you look at that? Mr. Odio: Right now, but they will have to - I want them to understand that whatever number we arrive at, they will have to deposit the monies up front. Mayor Suarez: They understand that. Mr. Odio: OK. Mr. Brito: Yes, we understand. We have to meet, all of the board of directors, and decide if we are going to make the parade or not. Mr. Plummer: Yes. Mayor Suarez: I understand that you are going to have to look to see if you can fund it. Thank you for your presentation. 60. DISCUSSION OF ECONOMIC AND COMMUNITY PROBLEMS BY PRENTICE RASHEED. Mayor Suarez: Item 67, Mr. Rasheed. Mr. Prentice Rasheed: Mr. Mayor and Commissioners, I left you all a package here of my presentation for today, I believe just yesterday, and I also left an agenda item about a week ago. I should f irst - did you all receive the item, and the information, and if so, had you all discussed it, or looked into what I have presented here about the situation? But, if you haven't, I guess I'll continue on. Mayor Suarez: Well, I will answer some of that. The second one of your presentations or proposals was very interesting, as you and I have discussed, and we asked the City Manager to take action on some of it, and we are still expecting to hear back from him on the whole issue of occupational licenses. Mr. City Manager? Mr. Rasheed: Peddler license? Mayor Suarez: You know, you talked about the fact that people who were out there peddling in the streets have to pay, you know, large amounts of occupational licenses to the City and the County, by the way, so it is double. Mr. City Manager? Are we still working on the occupational license proposal, of looking at how it can be best restructured, or if you're going to recommend that it be restructured, the whole fee schedule and all of that, to try to impact a little bit more on larger businesses than someone like a street peddler? Mr. Odio: I am doing that, yes, sir. Mayor Suarez: Do you have any idea when we might see that, the results of that? We are always going to be asking - cuando? Another matter that we dealt with this morning, just so you know, having to do with lending to entities such as your business, right there close to 62nd and 7th... Mr. Odio: We will try to bring it back, hopefully, Mr. Mayor, in the first meeting of February. Mayor Suarez: Great today, we freed up the Miami Capital lending capacity. We are talking about more money than what you have asked in total lending capacity. I'm not saying they are going to lend that to you specifically, and certainly, I wouldn't even dare to suggest that the Miami Capital would lend it to you for the production of a book or a movie, or anything like that, but, for your business, for inventory loans, for improvement loans, for safety devices you might want to put on your store, for anything else that would make sense to Miami Capital, they now, as of today, have the ability to review any applications you make. By the way, they are considering King the Tailor, right across the street from you, and you know, there is plenty of money available there now. You know, your particular loan will have to be reviewed 158 January 8, 1987 by Miami Capital independently of the City Commission. We don't supervise their actual lending on a case by case basis. We approve their budget, and they have lending capacity of their own, and they may very well get some loans from them, and maybe even for the production of a book or a movie or anything else that you have in mind, and my office can steer you to the phone number and so on. I think you have them from the last time we met, so you can go and apply right away. Mr. Rasheed: Well, my information on the Capital Development and the merchants that I talked to in the area, is that if they still have the same policies, people even like King the Tailor, which is, like you say, directly across the street from me, he says he has not been able to receive a loan since 1979. Mayor Suarez: I know. Well, try them again, that is what I told him the other day, and he is in the process of trying them again and we hear that he has a good shot at it. Why don't you try the same thing. Mr. Rasheed: Don't they get approved through this particular Commission? Mayor Suarez: No, their loan committees approve the loans, and their board of directors has ultimate responsibility for what they do. We also have ultimate responsibility on their budgeting. We just approved it, we freed up the monies today - today, the same day you are making your presentation, and you can go right away and apply tomorrow. I will be happy to set that up in the morning. Mr. Rasheed: I am inquiring about their guidelines for loans, that has been the problem. Guidelines has been based on the people in these particular businesses in this particular area, the poor and blighted area. Those particular people have not been able to qualify for loans through those particular type of capital development, or other developments they have here, and I am talking to people now. Most of the people, I don't know how you are going to get them out there because they have become very disenchanted with government procedures for getting monies to invest. Mayor Suarez: I understand that, and I cannot conceive of how someone like King the Tailor, for example, who has been around for 12 years, whose store was burnt down during the disturbances of 1980, was not funded by Miami Capital afterwards, and let's see now, let's try out our agency under new administration and see how we perform. Today is the first day you can do that - tomorrow. Mr. Rasheed: OK, and you say you are looking to the peddler's license, occupational license? What is your statement on that? Mayor Suarez: We are going to get a report back from the Commission, from the City Manager in February, so we can hopefully move to come up with what I believe to be a more equitable system of occupational licenses. Mr. Rasheed: And you are saying that this City Commission cannot make a direct loan to a not -for -profit organization?... cannot make a loan directly to a not -for -profit organization? Mayor Suarez: Well, it is not that we couldn't, we could. I don't think we have any money for it. Mr. Rasheed: Well, its... Mr. Plummer:... Community Development, and that money is gone. Mayor Suarez: Yes, Community Development funds are the ones that we typically have available for that, and we have used up this year's. You can apply for it under next year's grant. Mrs. Kennedy: And as the Mayor said, Mr. Rasheed, Miami Capital is the City's agency that provides minority loans. Your best shot is to go through them. Mayor Suarez: Yes, we hear you when you say that in the past they have not been responsive. I don't doubt that. We also hear, and there are allegations all over the place of all kinds of political pressures put on Miami Capital for loans that are supposed to go to friends of members of this Commission 159 January 8, 1987 that are not here anymore; and those allegations may or may not have been true, but that hopefully will not happen in the future, and you hopefully will be treated, I think, with a high priority, that is my feeling. My feeling is I have told them, and I believe the rest of this Commission agrees with me, is that where you are located is a high priority area, that... Mr. Rasheed: Well, if you haven't changed no guidelines, then you have got the same kind of mentality then those that have Mayor Suarez: I don't think there is the same kind of mentality. Mr. Plummer: Mr. Rasheed, sir, understand what Miami Capital is. It is a loan, it is not a grant. Mr. Rasheed: I would like, I never ask for no gifts. Mr. Plummer: OK, sir, I am explaining what Miami Capital and where the problems have come. Miami Capital is a revolving loan fund. They have to have some certain guarantees that a loan will be repaid. Out of the 128 loans that they have outstanding right now, almost half of those loans are 90-days in arrears. They have to have some kind of guarantees, sir, that those monies they have to have will be coming back, if they are going to continue to reissue those monies and help other people. Now, those are the guidelines. The guidelines are that you have to demonstrate a reasonable proof that any monies you receive in a loan, set up under the terms and conditions, will be paid back to help other people in the future. And as much as the stringent, so called hard guidelines that they have, out of 128 loans, 58 of them right now, are 90 days past due. Mr. Rasheed: If you look at the monies that were invested back into the community, those particular monies that were spent, that were on those loans was invested in somebody's factory and somebody's business. It might have been a loss to Capital Development, but it wasn't a loss to the community. Somebody was employed because of those losses. Many of those people that you don't employ don't take those chances on a risk loan. These people are going to get to become some kind of criminals. They are going to become some kind of suicidal mentality, you are going to lose it in the end one way or another. You are going to pay for it in the jail houses. You are going to pay for it in other areas. Mr. Plummer: Sir, out of the loans that have been presently been made of Miami Capital, and I am not here to defend them, they have created 1,196 jobs, they have preserved 681 jobs for a total of 1,877. Now, the biggest bulk of the monies, which have been spent to date, which is $8,600,000, 50 percent of that money went into the Black community. Mr. Rasheed: I know nothing about it. Mr. Plummer: OK, I am saying you don't, but that is what these statistics show. Mr. Rasheed: I'd like to know what Black community that was. Mr. Plummer: Well, sir, it is a breakdown, and if you want one of these books, they are available to you. Mr. Rasheed: Yes, sir, I will look at that. Mayor Suarez: Get that too, as you apply for your own loan, make sure they give you a breakdown, and you understand how many are in each location. Mr. Plummer: Exactly. You are entitled to that information. Mr. Rasheed: Mayor, much of that money goes for people to have offices, that sit in their offices all the year and give you the double standard bureaucratic talk that you don't even get a loan for. I know this for a fact. The other part, well, I am going to get off the loan thing, because one way or another, we have to find ways to get money. I believe that in your report that you are giving there, as to monies, even though you have amounts paid back for what went out, you are still at an advantageous state. That is the purpose of the high risk condition, is that you come out at an advantage. Naturally, when you are dealing with high risk, people that don't have the 160 January 8, 1987 a 16 background, or the track record for borrowing money, you may have a 10 percent tolerance or 20 percent tolerance or loss in there, but overall, you have got 80 percent improvement on your condition, and that eliminates the criminals , the people that are going to sell drugs, the people that are going to rob or rip off your mother and your daughter, and other people in this community, and that is going to continue. If we start putting a little bit of guidelines or something that possibly could have been of benefit to this community, whereby we are making guidelines being a hinderance. We should look at the situation out here as it is, and see if something is wrong, somebody needs to change somebody's guidelines because the guidelines you got now are undoubtedly are failing this community, I can tell you that. I believe most of you know here know that. Coming down to this crime, what I wanted to talk about in the next part is the crime thing. Two weeks ago, I have had two batteries taken out of my car. I don't know where the police is at, again. Mayor Suarez: Let me ask you something, because we talked about this before, and I tried it out with your store, banging on the windows over there, and the alarm never went off. How is your alarm working? Mr. Rasheed: It is working now. It is working, I believe... Mayor Suarez: If I go over there tonight and I bang on that store window, store front, it will...? Mr. Rasheed: I haven't tested like that, but I am sleeping in there, so if you bang on it, let me know... Mayor Suarez: Well... Mr. Rasheed: No, I was just kidding. Mr. Carollo: Make sure you don't blow his head off, Rasheed. I know he has got a kind of peculiar type, of face, that you know, makes you react, but hold back. Mr. Rasheed: No, I will probably throw a rock. I wish I'd never have to do anything, I hope the police will be there. Really, I don't... this is not my business of defending that kind of situation. But, I believe - my car is on 7th Avenue. If somebody steals a battery on a busy avenue, I don't know how long it takes to steal a battery, to open the hood and everything, unscrew the bolts. Somebody stole a battery out on 7th Avenue, and I am saying, every 15 or 20 minutes, I don't know if crews are coming there every half an hour, or what their routine is, but I think this still is not enough protection. People still are calling me every day, telling me their problems, like I am the City Commissioner, or I am the Police Department; so it tells me that something is very, very wrong in that area over there, with all the people coming in showing me their bruises, their homes broken into. Every day you get 10 or 12 of these kind of reports in this area coming to me, and that is too much! I'm getting tired of hearing it myself, I mean, I don't think it should be mine, because my overall concern is to make businesses and make the community more secure, and I know it is not secure. I read where Commissioner Dawkins stopped a rape. You know, Commissioner Carollo, his wife brutalized, or something. You know, if the government is being brutalized, you know, what can I expect for me? I think we should look at better improving the community and looking at it from a different light. I think the old way of looking at things is obsolete and we need some new mentality to our leadership capacity to change this situation around, otherwise, we will continue to have a lot of hell on our hands. Mr. Dawkins: See, I am not like you and Commissioner Carollo, see. I have got a magnum, and the f irst one that puts his hands on my - I am going to shoot him. Mr. Rasheed: See, I get locked up for that. Mr. Dawkins: I'd rather get locked up than have my wife abused, OK? I have no problem with going to jail for shooting one of them for molesting my wife; and I will go in the morning, because I will be damned if I will pay a mortgage in a neighborhood and own my own home and work to pay for a car, and not be able to enjoy, OK? That's Miller Dawkins. If you tell one of them out there and if they think I am lying, try it. 161 January 8, 1987 Mr. Rasheed: I hope they find out through the media and don't try it. The other part is the lady that - Ms. Mitchell, I think who was so much in the media. She lost everything. Now, a person that was robbed and lost everything, the car, all the equipment, which is part of the inventory, what kind of collateral, what would they apply for a loan at, if you got robbed of everything? And now I am indicating that I have got a notice from one of the insurance companies that you can buy veteran crime insurance. It cost you maybe $1,000 a year for $15,000 worth of coverage, but you can't buy insurance from $1,000 to $2,000, or whatever you want to put on your business. At least you can buy some insurance. A thousand, I think, cost $140, but you buy it on your home and your business, but the idea of somebody losing everything, 90 percent of their inventory or their equipment, then I want to know where that person gets some back in business money, and where do I get my $5,000 that I lost. You know, somebody should be responsible. What kind of answer can I get for that? Mayor Suarez: I can't answer that except to tell you that on the insurance front, - there is some good news, because a lot of the major insurance companies came back into this State after saying that they were not going to insure anyone in the State of Florida. It turned out that a lot of entities and corporations and people started self -insuring and under that kind of competition, the insurance companies have come back into the State recently, so hopefully, the rates will be reflected in that and the Insurance Commissioner has taken a very aggressive attitude. Mr. Dawkins: The Mayor and I went up to see the Insurance Commissioner on Monday, and he assured us that he is going to work with us to try to provide insurance for that area. That doesn't help you any now. Mr. Rasheed: No, it don't help me out. Mr. Dawkins: Yes, I understand that, sir. Mayor Suarez: All right, let me tell you what other thing - this is not a joke, I would not insure you if that alarm doesn't work over there. Mr. Rasheed: What? Mayor Suarez: If your alarm doesn't work, as an insurer, I would not insure you. Mr. Dawkins: He told you he is the alarm. He is not worried about the alarm. He just told you that. If you think he is not the alarm, bang on the window. Mr. Rasheed: Mr. Dawkins, the banks that we are in touch with, are those banks, are they going to have the same banking standards? Mr. Dawkins: Have a seat. In a few minutes, I am getting down to - I've got that... Mayor Suarez: Yes, we have been working on that too. The Commissioners are working on it. Mr. Dawkins: I will be able to tell you something in a few minutes, Mr. Rasheed. Mr. Rasheed: Well, I wish all of the Commissioners would come out there and feel free to walk down 15th Avenue at night about 10:30 p.m. or down 61st Street, take a tour at night, because I think if you... Mayor Suarez: Here we go again, we are getting invited out to the community! Mr. Rasheed:... are the government, you should not fear to go nowhere in your community that you govern, and you should be the "King of the Road" or the "King of the Hill." Mr. Dawkins: No, don't do that, Mayor Suarez: (LAUGHTER) Mr. Rasheed; But, you should make it available, you should be the one that sets the leadership, that sets the examples! a 162 January 8, 1987 Mayor Suarez: What I am saying is, we are out there a heck of a lot more and if you want to, I will call you, or give me your home number and I will call you when I am out there. Mr. Rasheed: OK, and get the... Mayor Suarez: I know J. L. is out there a lot, I know Miller is out there a lot. Mr. Dawkins: Miller is out walking. Mayor Suarez: He rides a motorcycle every once in a while. Mr. Rasheed: Well, I am just saying that we have got some drug thugs out there now and they are on that crack, and they don't care nothing about living or dying. Mayor Suarez: What corner, what specific? Give me one. Mr. Rasheed: Well, matter of fact, I am saying they come in front of my store and I am in there and they take the battery out of my car. Mayor Suarez: No, no, that is not what you were just talking about. You were talking about open, visible, drug dealing in the streets. Give me one corner, right now. Mr. Rasheed: Well, let's see, I believe that is 60 - I haven't been through there... Mr. Dawkins: Open drug block is on 60th Street. Mayor Suarez: You are going to tell me you haven't been through there in a while, but that is where it is taking place? Mr. Dawkins: 15th Avenue. Mr. Rasheed: But, I am saying is the people who are stealing indicates to me that somebody is praising them for what they are doing. Mr. Odio: Mr. Rasheed, if I may - Mr. Mayor, I need to put on the record something that we have here, so that, because you know, you are giving out a lot of... (INAUDIBLE)... Major Ross: Well, we have dealt with - you are talking about narcotics... oh, I am sorry! Mr. Plummer: Your name, rank and serial number! Mayor Suarez: Rank, serial number. Major Ross: I am Major Ross, Miami Police Department. Our narcotics arrests have doubled for 1986 over 1985, both in sellers and in people who possess it. In your particular area, in that shopping area up on 7th and 6th too, we have reduced, in the last three months, since the incident that you had, we have reduced the burglaries 72 percent. In December, we had zero burglaries of the businesses up in that area. Mr. Prentice Rasheed: December you had zero burglaries? I think Ms. Mitchell was burglarized twice in the last... Mayor Suarez: OK, get the information to him tomorrow. Mr. Rasheed: OK, well, I'm looking at the reports on TV in the afternoon. Mayor Suarez: OK, well, let's see how come. Maybe it was a different month that you were looking at. If we're wrong, we'd like to know that. Mr. Rasheed: My burglary... my last burglary in my window was Thanksgiving; a few burglarized in December. So, OK... Mayor Suarez: OK, give him the address, and the name, and everything also, and see why it's not reflected in the statistics he just gave us. 163 January 8, 1987 Major Ross: Well, we're talking business burglaries, we're not talking residential burglaries. Mr. Rasheed: Well, this was a business burglary. Mayor Suarez: OK, let's get that squared away. If the figures were as good as he indicates, we'd like to know it. If they are not, if these are Pollyanna figures or something, we'd like to know that, too. Mr. Dawkins: And I will come out there and walk with you. I have no problem. Mr. Rasheed: OK, I just... we just need some support out there, some shoppers, some... you know, because the load area has a mixed-up connotation, no matter how much money you get to invest in your business, and the image of the area has got the wrong image, you still are not going to able to make it, because you've got to be creative in promoting and marketing what you've got to sell, so, you know, we have to have a whole... Mayor Suarez: And you have to be very careful, because you're adding to that image a little bit here, when you come and don't have specifics to contradict what our Police Department is telling you. Mr. Odio (OFF MIKE): That's right. Mayor Suarez: And when your alarm doesn't work. Mr. Rasheed: Well, I just had... Mr. Dawkins: I keep telling you, the alarm works. Mr. Rasheed: I made a report day before yesterday. Someone walked by my door and took three purses off the door. I had the case number, I might have it in my pocket. It was two nights ago that I called the Police that someone had stole the battery in my car. Mayor Suarez: Wait, wait a minute, let me ask him a question. Are there too many commercial districts in the City where we can say there were no burglaries in one entire month? Major Ross: Sir,... Mayor Suarez: Maybe you got it - disprove him. Show him that he's wrong. Get all those facts and come back and tell us about it. Thank you, Mr. Rasheed. We're working on every aspect of what you suggested, that is feasible and makes sense. 61. DISCUSSION REGARDING CABLE T.V. NEGOTIATIONS. (ALSO SEE LABEL #83) Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner? Mr. Plummer: I had put a memo through in reference to the cable TV. The Manager has delivered to each and every one of us a memo in reference to the negotiations. Now, I have not read it; it's just been handed to me, and the Manager has said that he is ready. This, as we all are aware, is the proposed transfer of one of the partners of Miami Cable to the other partner of Miami Cable. It is my understanding that the administration has negotiated 'a package, in which they will then either, I assume, recommend, subject to the agreement of this package. The long and the short is, that the Manager has asked that this matter be brought up at this time. Mr. Odio: Well, I think we should hear from them first, because they... what they're asking for, before the assignment is complete, and that's where this whole thing has been caught on, is that... Mayor Suarez: What they're asking for is what? - the assign... 164 January 8, 1987 Mr. Odio: A waiver of part of the ordinance that was originally started, which is to... Mr. Plummer: It's a modification. Mr. Plummer: ... allow them not to proceed with the installation of the B channel - we were supposed to have an A channel and a B channel; and they want that ordinance to be changed, modified, so that the B channel would not have to be developed, or installed. Mr. Dawkins: All right, how much cash money are they going to give the City for that? Mr. Odio: Now, because of that, we said... Mayor Suarez: What are the concessions they're giving us? Mr. Odio: In return for that, for us to be able to recommend that you do not go ahead and comply with the agreement that you have with the City, what is the City going to get in return, or... and the customers? And they proffered a letter, which is part of your memo, and of that letter, I would like to put on the record, and I would like to put on the record, also, their answer, if they have an answer for it, and if not, then we would have to wait until we do get the answers before we can proceed and close this agreement. Mr. Plummer: Mr. Price, who do you represent, sir? Mr. Stanley B. Price: I represent Miami Cablevision, but I represent TCI for the purpose of today's hearing. Mr. Plummer: So you can speak in their behalf, and agree to or disagree to? Mr. Price: Mr. Carlton, from TCI, is present here. We were just handed this memorandum, Commissioner, at the same time that you were handed the memorandum. Yes, my name is Stanley Price. I'm with the law firm of Fine, Jacobson, Schwartz, Nash, Block and England, 2401 Douglas Road, Miami, Florida. Mayor Suarez: Wait, wait, Stanley, because we've had people waiting for a lot of other items. Why shouldn't we take this up in the next Commission meeting? UNIDENTIFIED SPEAKER (OFF MIKE): Sir? Mayor Suarez: Is this a regularly scheduled item here? Mr. Odio: It is not... Mr. Plummer: No, sir, I tried... Mr. Odio: ... a regularly scheduled item. Commissioner Plummer... Mr. Plummer: Excuse me, for the record... Mayor Suarez: Did you want to get it done for some reason? Mr. Plummer: I sent a memo to you sir, to all members of the Commission,... Mayor Suarez: I think I remember, yeah. Mr. Plummer: ... asking, under the normal circumstances prior to Friday at 5:00 o'clock, that it be placed on this agenda. Mayor Suarez: No problem. Mr. Plummer: Because of the fact that it was a holiday, the time that my memo hit, the agendas had already been prepared,... Mayor Suarez: OK, but do... Mr. Plummer: ... earlier than normal. 165 January 8, 1987 Mayor Suarez: Do you want us, now, to try to handle it now, or are you satisfied with... Mr. Plummer: If... Mayor Suarez: ... waiting till the next Commission meeting, in view of the fact that... Mr. Plummer: If the Manager was the one who has negotiated this, I said I wanted it on the area for discussion. If there was an agreement and a recommendation by the Manager, then it's a matter of a simple transfer; we could tell them to go ahead and proceed, subject to all matters being completed and documents acceptable to the City Attorney. That's why I brought the matter up now. Mayor Suarez: Yeah, and it's really not a closing. I don't want to make it sound like something, anything, that formal. It's just a... Mr. Plummer: No, it's not a closing, it's a transfer. Mayor Suarez: Yeah, it's a waiver of rights to block an assignment, really, is what it is. Agreement to an assignment. Now, how about the rest of the Commission? Mr. Price: Mr. Mayor,... Mayor Suarez: Wait, because we either decide that we're going to decide, or that we're not going to decide. How does the rest of the Commission feel on handling this matter, and voting on it, or do you want to wait till the next Commission meeting, or how do you want to handle it? Mr. Dawkins: Well, he just said he hasn't had it long enough to study it, so you really don't have anything. Mr. Price: Can I have fifteen minutes to digest the...? Mayor Suarez: You can have two weeks. Mr. Price: I know, but I'd like fifteen minutes, and then I may... Mayor Suarez: Or a month. Mr. Price: And then I may need two weeks. Mayor Suarez: I... you know, it's up to the Commissioner who would like this matter. I'd just as soon wait till the next Commission meeting, but I'll, you know, defer to you on this. Do you want... Mr. Plummer (OFF MIKE): What do you want to do? Mr. Odio: Can you wait two weeks? I'd rather. Mr. Plummer: Well, Mr. Mayor, why don't we do this - let... Mr. Price: We will take the two weeks, sir. Mr. Plummer: Fine. Mayor Suarez: OK. Mr. Plummer: Fine. Mr. Price: Commissioner Plummer, we were just handed this thing, and there's... Mr. Plummer: Sir, at the same time I got a copy, you got a copy. Mr. Price: I appreciate it. Mayor Suarez: weeks, that's... You're the beneficiaries of this, if you want to wait two 166 January 8, 1987 Mr. Plummer: Just for the record,... Mr. Dawkins: What happens, tax -wise, if we don't move today? Mr. Plummer: No, tax -wise, that was December 31st. Mayor Suarez: There's no tax considerations. Mr. Price: That was December 31st, sir. Mayor Suarez: No tax considerations on this, Stanley? Mr. Price: Nothing, tax -wise. Mayor Suarez: OK. Mr. Dawkins: Well, what happens to Mr... to the gentleman who's trying to unload it, if we don't settle this today? Mr. Price: He has to wait for the closing, two weeks later, sir. Mr. Dawkins: I don't think his heart will take it. Mr. Plummer: Mr. Price, for the record, sir. Mr. Price: Yes, sir. Mr. Plummer: I got a copy the same time you did - all right, sir? The Manager said he was ready, he would like to bring it up; that's why I brought it up. Mr. Price: I appreciate that, sir, and I do appreciate you getting this on the agenda, once again. Mr. Plummer: No, I didn't. Mayor Suarez: Well, in a sense, it is. Mr. Price: OK, I appreciate the Manager getting it on the agenda. Mayor Suarez: You gave us notice of it, and it could have very well been on the agenda. Mr. Odio: Stanley, I do have a set of questions in regards to your letter, and we need the answer to those questions before we... before I can recommend, so what I can do, in writing, give you the questions. Mr. Price: Could we set up a meeting, Mr. City Manager? Mr. Odio: Yes. (ASIDE:) Go ahead and set it up. Mr. Price: OK. Mr. Dawkins: So, we're not going to hear it now? You're not going to make a recommendation now? In two weeks. Mayor Suarez: OK,... Mr. Price: Thank you very much. Mayor Suarez: ... make sure it's on the agenda for two weeks from now. Item 69, discussion concerning Arena parking program. 167 January 8, 1987 62. EXECUTE AMENDED AGREEMENT WITH PIER 5 BOATMEN'S ASSOCIATION. (ALSO SEE LABEL #67) ------------------------------------------------------------------------------ Mr. Plummer (OFF MIKE): Oh, Mr. Mayor, I'm sorry. Mayor Suarez: Commissioner. Mr. Plummer: The second... one more time. Dan Kipnis is here, and has to leave. He's a charter boat captain, and has night fishing. Mr. Mayor, we have the... you remember, you appointed me as a chairman to go and try and help negotiate this thing out. The staff has a recommendation at this particular time, and I would ask them to make - if it's agreeable with the rest of the Commission - to make their recommendation at this time. Mayor Suarez: You're looking pretty fit there, Dan. Go ahead, John. Mr. John Blaisdell: Good afternoon, Commissioners and Mr. Mayor. The administration, pursuant to the Commission's request, established a committee, chaired by Mr. Plummer, to evaluate the viability of relocating the fishermen to Miamarina, given certain constraints, or design requirements, that they've requested, vis-a-vis constructing the FEC... a facility at FEC, pursuant to a settlement agreement entered into by the City in March of 1985, or later, some time in 1985. The recommendation proffered by the administration is as follows: is to instruct the administration to enter into amended settlement agreement, providing that we will make certain improvements, at a cost not to exceed $200,000. Mayor Suarez: All the parties are agreed? Mr. Blaisdell: This is a... Mayor Suarez: The Association, the City... Mr. Blaisdell: The Association has agreed to it. Mr. Plummer: Mr. Mayor, for the record, we would like to have this matter approved by the Commission, and allow the fishermen to go back to ratify it. If they don't, then the alternative, of course, is to just build the FEC. This is basically a savings to the City of Miami of approximately $300,000. Mayor Suarez: I'll entertain a motion to that effect, unless you want to give us additional information that we need to hear about. Mr. Plummer: Mr. Mayor, there's only one other request that has been had that we can't fulfill, but I think that we can give an indication of the Commission at this time. The only... and John, I apologize not bringing this to your attention, and I think it's something the Commission would not have a problem with. The concern is, Mr. Mayor, if, in fact, the City does not operate the marina, the charter boat fishermen have asked that that area which they occupy not be included in the RFP, but the City still maintain that particular area, because part of the negotiations that we had was based on their being able to occupy where we could not give them a 20-year lease. Mayor Suarez: How many slips are we talking about? Mr. Plummer: Thirty-five maximum. Mayor Suarez: Out of? Mr. Plummer: Maybe 210 - well, 250. Mayor Suarez: Well, what, 15 percent? Mr. Plummer: So, they only want to be... Mayor Suarez: Twenty percent. 168 January 8, 1987 Mr. Plummer: ... ask, for consideration, that if the City does go out to an RFP, which we intend to do, that they be given consideration to be locked out of the RFP, or locked into that rate structure, and I don't think that's an unreasonable request. Mayor Suarez: The City recommends that? Mr. Plummer: I recommend it, I... Mr. Blaisdell: We... Mayor Suarez: I meant the staff. Mr. Blaisdell: We have not had opportunity to review this. I don't see any preliminary problems. I'd like to ask legal counsel if they have any objections to it. I don't know what, operationally, or what constraints that would impose, but I'm assuming, if we could include in the RFP, I don't see any major constraints with it. Mr. Plummer: Well, John, I said to them - OK? - so you understand, "I cannot, and the City cannot guarantee at this time," but they ask consideration. Mayor Suarez: OK. As a sort of a resolution of intent... Mr. Plummer: Intent, exactly. Mayor Suarez: ... and then it would be built in... Mr. Plummer: Exactly. Mayor Suarez: ... to the motion otherwise. And Chris, you have no problem with that? Mr. Christopher Korge: Mr. Mayor, their mooring and dockage fees are set by ordinance, and as Commissioner Plummer has told the boatmen before, it will be controlled by ordinance in the future. Mr. Plummer: Exactly. Mr. Korge: So, as far as their fees are concerned, if it's a facility that's owned by the City, regardless of who manages it, right now, by ordinance we set their fees, and it will continue to be that way. Capt. Daniel Kipnis (OFF MIKE): If I might, Mr. Mayor. Mayor Suarez: Yeah, at the risk of losing... Capt. Kipnis: No, I'm not going to lose, all I want to do... excuse me, Captain Dan Kipnis, Pier Five Boatmen's Association, 1600 Tigertail Avenue, in Miami. We like the City as our landlords. We have had experiences with private management companies. I hope that the City does decide to either finance the marina and build it and run it themselves. You'd make good money on it. We want to stay with the City as our landlords, and that... Mayor Suarez: You're using your time here to tell us about a whole different issue. Capt. Kipnis: No, that's on this issue. We would like you to remain our landlords. Mayor Suarez: OK, no problem. We have no problem as to you; I don't think anybody's indicating otherwise. We're going to leave you out of the whole RFP, so... Mr. Plummer: Mr. Mayor, I would then move Item 83, as recommended by the administration. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any further discussion? Call the roll. We'll take note of your recommendation as to the holding. 169 January 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-53 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH THE PIER 5 BOATMEN'S ASSOCIATION, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; INCORPORATING CERTAIN TERMS AND CONDITIONS; REALLOCATING TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS FROM THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR 1985-86 FOR THE PURPOSE OF MAKING IMPROVEMENTS TO MIAMARINA; AND FURTHER AGREEING TO REPLACE FUNDS ADVANCED FROM FEES TO BE PAID BY THE PIER 5 BOATMEN'S ASSOCIATION FOR THE USE OF THE MIAMARINA FACILITIES. (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: One thing I'd like to get, here, before you get any further, Mr. Mayor. I looked at this agenda, and I see on this agenda, "unanimous," ffb "unanimous," "unanimous." Now, somewhere along the line, we're going to get in trouble, because somebody's going to go and pick up these minutes, and when they see "unanimous," they're going to think five people voted, when maybe didn't but three or four vote. So, now, why are we putting "unanimous" on these items? Mr. Plummer: When there's not... when there's only... say if there's only four people in the room voting,... Mayor Suarez: Yeah, like on second reading? Ms. Hirai: "Unanimous" implies four votes. Mr. Dawkins: Beg pardon? Ms. Hirai: "Unanimous" implies four votes. Mayor Suarez: How do you figure that? Mr. Dawkins: But suppose there's only three people here? Mr. Plummer: How can "unanimous" be four votes? Ms. Hirai: I mean, all votes, five votes. Mr. Plummer: But if there's only four in the room, it doesn't show the absent party. Mr. Dawkins: If there's only three or four of us here. Mayor Suarez: Well, "unanimous" means that all five are here? Ms. Hirai: The "absent" appears next to "unanimous" - the absent person appears. Mr. Dawkins: No, it doesn't. 170 January 8, 1987 Mr. Plummer: If there's an absentee, it shows? Mayor Suarez: Oh, you won't say "unanimous" if there's four to zero or three to zero. Mr. Dawkins: No. Ms. Hirai: It's unanimous, but the absent individual is also shown. Mayor Suarez: I see. All right. Mr. Carollo: (INAUDIBLE COMMENT) Mr. Dawkins: That's right. No way. 63. ORDER NEGOTIATIONS WITH DEPARTMENT OF OFF-STREET PARKING FOR IMPLEMENTATION OF AN ENHANCED PARKING PROGRAM FOR THE CITY ARENA. Mayor Suarez: You want to check that out, and go on to Item 69 in the meantime? Discussion con... Mr. Dawkins: I'll get back; I'll get with you. Mayor Suarez: ... concerning the Arena parking program. Mr. Dawkins: I'll get with you, no problem. Mayor Suarez: What do we have to hear on that, Roger? Mr. Plummer: You're going to hear from me on that, Mr. Mayor. Mr. Dawkins: Why? Mr. Plummer: Because I'm upset that they're asking this City to build a facility to help make the Sports Authority a success. Let them build their own damn parking structure, just like Bayside did. Mr. Dawkins: Hooray for you! Go ahead. Look out for the citizens. Mr. Plummer: Now, this is ridiculous; you shouldn't even be here, Roger. As far as I'm concerned, you go talk with the Sports Authority, and you let them bond it, because that's who the garage is for, primarily, and most important, right? Isn't that what it's for? Mr. Roger M. Carlton: J.L., what we're really asking from the City is an acknowledgment that the City will make available, on an interim basis, the Park West/Overtown vacant sites. So,... Mr. Plummer: We'll negotiate with you. Mr. Carlton: We understand that, but... Mr. Plummer: Hey, let me tell you something. The taste in my mouth for the Sports Authority isn't all that good, and I believe the rest of this Commission shares that taste. Now, if they need a parking structure - we tried to tell them they needed a parking structure, and they wouldn't listen. They went ahead and allocated all their monies - OK? - and now they want to come here and say, "Oh, City, if you don't build us a parking structure, we're not going to be a success." Well, let them figure out how they're going to be a success. That's my observation. Mayor Suarez: But wait a minute. Are we talking about temporary use of... Mr. Plummer: No, no, no, no, a parking structure. Mayor Suarez: ... the thing, or are you... Mr. Plummer: Structure. 171 January 8, 1987 Mr. Carlton: We're talking, Mr. Mayor, about a plan. The plan has... Mayor Suarez: Um-hmm, which has both parts to it, all right. Mr. Carlton: Yeah, interim parking and a permanent garage. Mr. Plummer: That's right. Mr. Carlton: What we'll be asking... Mayor Suarez: Any time that you find, and you deem, that you want to put a parking garage anyplace, and that it's profitable to do so, and that you can acquire the land, you begin those negotiations, you come back to us, and we usually approve it. Mr. Plummer: That's right, we'll negotiate with you for the sale of land. Mayor Suarez: So, I mean, I don't see why... what do you want us to do on that, on the permanent aspect of it? The interim is what seems to be the real crux here. Mr. Carlton: All we're really asking... we're not asking the City for any money - let me make that very clear. What we're asking the City to do is that you'll go on record, that you will enter into negotiations to lease us, on an interim basis, those lands which you have accumulated through your Park West/Overtown project. Mr. Plummer: In the same way that Roger Carlton is a czar and a terror when it comes to negotiating, to get every penny he can get for his Authority, you bet we'll do the same. Mr. Carlton: If that's a resolution,... Mr. Odio: Commissioner Plummer, may I... (LAUGHTER) Please. Commissioner, the... Mr. Plummer: You haven't dealt with masters yet. Mr. Odio: Well, can I... the Masters of the Universe, that's what my kids play. Mr. Plummer: No, no, no, you let me negotiate that deal. Mr. Odio: Can I ask you something? Mayor Suarez: It's that time of the day, for things like Masters of the Universe, right? OK. Mr. Odio: I think we need to say that we will do something about parking. But, Commissioner Dawkins, the NBA... Mayor Suarez: The interim. Mr. Dawkins: You know, Mr... you're right, but, you see, I'm the one who sat here and told you guys, when they were going to build the Arena, and what parcel is it that they cut in half, and I said you're giving me a bastard's... Mr. Odio: I remember that. Mr. Dawkins: ... section of a parcel, and you're not building a parking garage, and they said they didn't need it. Mr. Odio: But all we need today... Mr. Dawkins: You remember, J.L.? Mr. Plummer: I offer a resolution, Mr. Mayor, at this time, that the City will definitely enter into negotiation with the Off-street Parking, for the lease of tentative property, as well as permanent. Mr. Odio: That's all we need. 172 January 8, 1987 Mr. Plummer: I offer. That's all I offer. Mrs. Kennedy: That's fine. I second. Mr. Plummer: But, Buddy, I want you to be aware, it ain't going to be cheap. Mr. Odio (OFF MIKE): You have your resolution. (LAUGHTER) Mrs. Kennedy: Second. Mr. Plummer: I'm going to put meters on every one of those damn negotiations. Mr. Odio: Could you... could you... see, if... Mr. Plummer: You heard my resolution. Mr. Odio: If we get this to the N.B.A. that's what they want. Mayor Suarez: What does it look like? Mr. Plummer: My resolution covers that. Mayor Suarez: What does that look like, you want us to get to them? Mr. Odio: Approving, in principle, a parking... that we will support a parking program. Mr. Plummer: No, I don't know what the Sports Arena does, in the first place, much less what their parking program is. Mr. Odio: It's in principle, that... Mr. Plummer: I don't know. No wayt Mr. Odio: You don't have any principles? I mean,... Mr. Plummer: Hey,... Mayor Suarez: Redraft, according to the motion, and send that to the N.B.A. Mr. Plummer: ... don't you ever say I haven't got principle. (LAUGHTER) Mr. Odio: OK, I'll stay with your motion. Mayor Suarez: Yes, yes, don't lose the momentum here. Let's redraft according to that motion, and get a resolution to that effect over to the N.B.A. folks. OK, we have a motion. Do we have a second? Mrs. Kennedy: Yes, we do. Mayor Suarez: Second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-54 A RESOLUTION INSTRUCTING THE CITY MANAGER TO ENTER INTO _ NEGOTIATIONS WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE USE OF CITY LAND IN CONNECTION WITH THE IMPLEMENTATION OF AN ENHANCED PARKING PROGRAM FOR THE MIAMI ARENA; FURTHER INSTRUCTING THE CITY MANAGER TO PRESENT THE CONCLUSIONS OF SUCH NEGOTIATIONS TO THE CITY COMMISSION FOR APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 173 January 8, 1987 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 Mr. Plummer: And I would like, Mr. Manager, to be one of the negotiators. Mr. Odio: Fine. Mayor Suarez: Yes, that's a good idea. drops of blood he can get. He usually extracts all the last 64. BRIEF DISCUSSION REGARDING ERECTION OF BUS STOP SHELTER ADVERTISING. ------------------------------------------------------------------------------ Mayor Suarez: Item 68, I missed, on the bus shelters. Sorry I passed that one; I just didn't realize. Who's going to give us a presentation on that? Mr. Dawkins: Is that you, Ken? Bus stops... bus... Mr. Ken Meyers: No, no, I'm not going to give the presentation. Mayor Suarez: Anybody? Going to die for lack of interest? Mr. Plummer: Who's the... Mr. Odio: Well, the question is... I can... we had a company that came to visit us, that was interested... Mr. Plummer: Where are they? Mr. Odio: No, they are not here. I wanted to ask the Commission whether we were interested in developing this bus shelter with advertising, that we would get some revenues from it, and whether we should go for an R.F.P. with it, as simple as that. Mr. Plummer: Well, Mr. Manager, I don't think it's proper to ask us do we want to do it, until we have a program, or something presented to us. I mean, are you talking about revenues to the City of $10, $10,000, or $10,000,000? I remember Model City - remember, Miller? Mr. Dawkins: Yes. Mr. Plummer: Bus benches, bus shelters, were $200,000 each, and what a scandal that was. How well we remember. So, I would say that if this company is interested, that this company make a proposal, either in writing or before this Commission, before we ever talk about whether we're interested. Mr. Odio: I'll do it. Fine. That's all. Mr. Dawkins: Take the next item, Mr. Vice -Mayor. Seventy. Mr. Plummer: The next item is 69. 174 January 8, 1967 ---------------------------------- - ------------ - - - ----------- 65. DISCUSSION REGARDING THE STATUS OF THE TWO POLICE SUBSTATIONS. ------------------------------------------------------------------------------ Mr. Dawkins: Seventy. Mrs. Kennedy: No, 70. Mr. Plummer: Seventy. The next item is 70. Is there anything else to discuss before... beside what we discussed this morning? Mr. Gilchrist: We're on the police substations? Mr. Dawkins: Yes. Mr. Plummer: Oh, OK. Mr. Gilchrist: This is the schedule. There was a request of Commissioner Dawkins to report, and I would like to say that we did issue the drawings for bid on December the 18th. We've held two meetings with potential bidders, to help and abate their preparing of the response to the bids. The bids are to be received on January the 20th. That schedule is on the third... let's see, fourth page of the document that's stapled together for you. If all the schedule were correct, and we meet those deadlines, then March of 1987. we would commence construction, and April of 1988, we would complete construction, on the north substation. Mr. Plummer: Question. Mr. Gilchrist: Yes, sir. Mr. Plummer: Do we have absolute assurances, in writing, guaranteed contract, that this price, including everything - everything! - will not exceed $5,000,000? Mr. Gilchrist: It cannot exceed $5,000,000. Mr. Plummer: Do we have, from the contractors... has the contractor been selected? Mr. Gilchrist: Contractors have not been... no, no, they're in the process of bidding now. Mr. Plummer: All right, in the bidding process, is there a guaranteed, bondable cost? Mr. Gilchrist: Yes, sir, but... Mr. Plummer: Now,... Mr. Gilchrist: ... if the bids come in over that, we may have to go out again. You know, we may have to redo this, and go back. Mr. Plummer: Well, OK, but what I'm saying to you is, that includes the construction, the landscaping, the furniture, the fixtures.... Mr. Gilchrist: Yes, sir. Mr. Plummer: ... the desk,... Mr. Gilchrist: Absolutely everything. Mr. Plummer: ... the front door key? Mr. Gilchrist: Yes, sir. Mr. Plummer: That includes everything, OK? Mr. Gilchrist: It's like a turnkey - five million. 175 January 8, 1987 Mr. Plummer: All right. Mr. Dawkins: Second thing I have is, Mr. Middlebrook is late. How late in submitting his final drawing? Mr. Gilchrist: We initially had intended to go out to bid in October, sir, and we went out in December. Mr. Dawkins: Is there any way he can be sued for holding up the project? Mr. Gilchrist: I'd like to turn... Mr. Plummer: You can sue anybody, at any time, for $27. Mr. Gilchrist: I'd like to turn to my City Attorney for that question. Mr. Plummer: Whether or not you win, is a different story. Mr. Gilchrist: I would like to... Lucia? Mrs. Kennedy: Why don't we ask legal counsel? Mr. Gilchrist: Did you hear the question? Question was, that the architect for the police substation, the north police substation, was originally to deliver working drawings in October, and he delivered them in December for bidding, and the Commissioner asked if it would be possible to sue him, or what the implications of that... Mr. Dawkins: For breach of contract? Mrs. Dougherty: Have we now accepted them, and are working with them? Mr. Gilchrist: We have now accepted them, and have issued them for bid. Mrs. Dougherty: Is that the extent of the architect's involvement, or is he ongoing? Mr. Gilchrist: No, he would be ongoing for supervision. Mrs. Dougherty: The question I'd have to ask you, Commissioner is,... I don't know, I don't... I'd have to review the contract, to see if there's some sort of a liquidated damages provision in the contract, for those sorts of issues. On the other hand, when you continue to have him working on your project, you're probably going to be estopped, unless there is a specific provision in the contract. So, you're going to be estopped, that is, you've waived any right to object. But I'd have to review the contract. Mr. Dawkins: OK, thank you. Go ahead, sir. Mr. Gilchrist: That's on the north substation. Mr. Dawkins: All right. Now, we had a discussion on the south one this morning. Mr. Charles Simon: I'd like to have a word with you about the substation, if I might, Commissioners. Mr. Dawkins: OK. Mr. Simon: I understand you took some action this morning on that, and I wasn't here for it. My name is Charles Simon. I have offices at 2265 Southwest 1st Street. Mr. Dawkins: J.L. Mr. Plummer: Are you an owner or a lawyer? Mr. Dawkins: Yeah, he's the owner. Mr. Simon: Yeah. No, I'm an owner. 176 January 8, 1987 Mr. Plummer: All right. Are you the owner that we're dealing with for the four parcels at $760,000? Mr. Simon: That's correct. Mr. Plummer: Who has a tenant for twelve more years? Mr. Simon: Eighteen, yes, that's right. Mr. Plummer: Eighteen? Mr. Simon: It's... well, you're right, it's... Mayor Suarez: Well, there's... how many are left? Mr. Simon: Eighteen years left on the lease. Mr. Plummer: OK, and who has absolutely... who has refused to allow you to deliver the property free and clear? Mr. Simon: No, what he's done is, he's refused to enter into any negotiations. He's... Mayor Suarez: Has the same effect as what the Commissioner said. Mr. Simon: Right. Mr. Plummer: It's the same thing. Mr. Simon: Right. Mayor Suarez: We can't get the property free and clear,... Mr. Plummer: We can only deal with you, sir, legally. Mayor Suarez: ... if we can negotiate with you, but not the tenant. Mr. Simon: I beg your pardon? Mr. Plummer: We can only deal with you, not the tenant, sir. He's your tenant, not ours. Mr. Simon: That's correct. He's refused to give any waiver, which is what's been requested by the City. Mayor Suarez: Yeah, we know all the stuff that's going on now. Do you want to explain to him what we did this morning? Mr. Plummer: What we did this morning, sir, we sent the administration back to negotiate with you, to tell you that we stand ready, willing, and able to pay you the $760,000 for your property. But since you are the only one that has the right to negotiate with your tenant, we will pay, above that, a reasonable fee, but you've got to do the negotiation; we can't. Mr. Simon: Right. That was conveyed to me this morning. Mr. Plummer: Yes, sir. Mr. Simon: And what I came here to report to you, was that I don't have any way of affecting that. He will not negotiate. Mr. Plummer: Well, he... sir, he's... Mr. Simon: My understanding is that if you took possession of the property, you then have the right of condemnation. I... Mr. Plummer: Sir, you've got... Mayor Suarez: Well, let me tell you something else - if I may, Commissioner. We indicated... I forget if we actually built it into the motion or the resolution, but this Commission is feeling that, maybe after 30 days of further negotiations, we may start looking at other sites, and just... 177 January 8, 1987 e c Mr. Plummer: No, sir; no, sir - we are looking as of today for other sites. Mayor Suarez: As of today. Mr. Simon: OK, that's why I came... Mayor Suarez: You might want to keep that in mind, and tell that tenant, too, that we're... Mr. Simon: Well, we're aware of that. Mayor Suarez: I don't know if it's a disincentive or an incentive to him to negotiate, to know that, but... Mr. Simon: Well, you know, from my point of view, I'm not really interested in what's an incentive or disincentive to the tenant. We're only looking at our own position. Mayor Suarez: Well, it's probably an incentive for you, then, I don't know. Mr. Simon: It's been our position, over the past two years, during these negotiations, that we've never had the ability to come to you and say, you know, "this is the best resolution that we could come to," is to say, "release us from the cloud of condemnation, and then we don't have to go any further,"... Mr. Plummer: Sir, we were prepared today to pay you $760,000 for your property, if you could deliver it free and clear. That was on the agenda, and we could have... Mr. Simon: Right, and we came back to tell you that we cannot do that. Mayor Suarez: We know that. Mr. Simon: We cannot deliver it free and clear. Mayor Suarez: We know that. Mr. Plummer: Sir,... Mr. Simon: So, we have nowhere else to go. Mayor Suarez: We're looking around at other sites. Mr. Simon: OK, so what we're looking for from you, and we did get a commitment from you about a year ago, that you would do everything you could to expedite this matter,... Mr. Plummer: Exactly. Mr. Simon: ... whether it be the purchase of it, or whether it be looking for another site - we have suffered an enormous... I think you are aware, Mr. Plummer, because I spoke to you personally about it, a lot of damages resulting from this cloud, which is related to being unable to rent the property, and we would like to get out from underneath it, so that we can proceed with our own project. Mayor Suarez: Well, if we get to that point, I presume the City will... Mr. Simon: And the reason that I came back today was to report to you that what you've asked me to do,... Mayor Suarez: You can't do. Mr. Simon: I did do this morning. Mayor Suarez: OK. It had no effect. Mr. Simon: I went back, and made a last attempt, in order to see if there was something I could do with the tenant, and I've come back to report to you that there isn't. So, there is nothing else that I can do. 178 January 8, 1987 Mayor Suarez: OK. Now, you also want us to be telling you that if we drop the acquisition of your site, that we're going to pay you some damages for all of this that has taken place? Mr. Simon: No. If you... Mayor Suarez: That's what it sounds like to me. Mr. Simon: No, what we're offering to you, or what we're asking you to do, is if you'll drop the site, we would drop our claim for any damages. Mayor Suarez: Well, we haven't decided that yet, but when we get to that point, we'll let you know. Mr. Simon: Well, our offer is based on knowing today,... Mayor Suarez: Why it has to be today? Mr. Simon: ... because the damages are ongoing daily. Mayor Suarez: It has to be today. Well,... Mr. Simon: Well, when I say "today" - you have another hearing in two weeks. Mayor Suarez: ... we'll... You've got a fine staff to deal with. I think they know the Commission consensus on this. Then maybe we'll reach a deal. Maybe we'll go to another site. Mr. Simon: Fine. Thank you very much, gentlemen. Mayor Suarez: Thank you. NOTE FOR THE RECORD: Agenda item 71 was withdrawn. ------------------------------------------------------------------------------ 66-A.SCHEDULE AS FIRST ITEM OF FEBRUARY 12 AGENDA THE GARBAGE FEE ISSUE IN ITS FINAL FORM; 66-B.DISCUSSION OF VACANCIES IN THE SOLID WASTE DEPARTMENT. Mr. Dawkins: Mr. Vice -Mayor, 72. Mr. Plummer: Oh. Item 72, discussion regarding progress of receiving more new business accounts for garbage and trash collection. Mayor Suarez: How are we doing on that - do we even have a fee schedule? Mr. Dawkins: No. Mr. Odio: I understand that we have Computers, and Management and Budget, and Finance working on this, and that it should be concluding soon, so that we can start sending the billing out, and also, again, to be able to... are you in this too? Mr. Cohen: What do you mean by "this"? Mr. Odio: Item. Mr. Cohen: What item? Mr. Plummer: This is Item 72, Mr. Baker. Are you here on that? Mr. Odio: Then sit down please. The... 179 January 8, 1987 C Mr. Cohen: Mr. Baker? No, I'm not Mr. Baker. Mrs. Kennedy: This is the garbage and trash collection. Mr. Cohen: I'm not Mr. Baker, if you're talking to me. Mr. Odio: Well, he belongs at... Mr. Plummer: Oh, I'm sorry. Are you here on Item 72, sir? Mayor Suarez: Mr. Cohen, what was your... Mr. Cohen: I'm here to see that specially advertised hearing, at 5:30 p.m. It's 5:30 p.m. Mayor Suarez: OK, after 5:30 p.m. is what it means. Thank you. Mr. Odio: Yeah, sit down, please, for a minute. Thank you. This... once the fees are in place, we want to start an aggressive campaign to bring more customers, and we need to do this as soon as possible. Mr. Dawkins: Will you bring back that fee schedule at the next meeting? Mr. Odio (OFF MIKE): Will we be ready by then? Mr. Gilchrist: I believe... Mr. Odio: Let me check with Mano and Samit on it. Mr. Plummer: Well, hey, look, very simply - Mr. Dawkins, you want it back at the next meeting? Mr. Odio: No, wait, but please... Mr. Dawkins: Yes, sir. Mr. Plummer: Then make a motion. Mr. Odio: It's not... Mr. Dawkins: I was trying not to do that, but I will. Mr. Odio: It's not that simple, Commissioner Plummer; it's a very complex... Mr. Dawkins: All right, I'll tell you, I'll make a motion, that I've been waiting on this long enough, and I make a motion that this be presented at the next meeting, and that it be the first item on the agenda. Mr. Plummer: Hey, you can't continue to defer... Mr. Dawkins: You told me, when I passed Section 22, or whatever the hell it was... Mr. Plummer: Second the mo... well,... Mr. Dawkins: Thank you. Go right ahead. Mr. Plummer: I'll second the motion. Mr. Dawkins: Thank you. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Mr. Plummer: Now, wait a minute, wait a minute - let's understand. I'm assuming you're speaking, Commissioner Dawkins, to the first meeting in February, not the zoning. Mr. Dawkins: Yes, first meeting in February. Mr. Plummer: OK, that gives you over a month. ISO January 8, 1987 Mr. Dawkins: Um-hmm. OK. Mayor Suarez: I'm almost totally trusting, but before I vote on this, what was the motion? Mr. Plummer: On the trash and fee collection. Mayor Suarez: Well, but what was the import of the motion? Mr. Dawkins: To have them bring us the fee schedule, complete and ready to put in operation, at the February first meeting, because we've been waiting long enough, and they haven't produced it. Mayor Suarez: We don't even need a motion for that. OK, call the roll on the motion anyhow. That's certainly... The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-55 A MOTION DIRECTING THE CITY MANAGER TO PLACE AS THE FIRST ITEM OF THE FEBRUARY 12, 1987 AGENDA THE GARBAGE FEE SCHEDULE, IN ITS FINAL FORM AND READY TO BE PUT INTO OPERATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: OK, now I have another thing, under this garbage. Mr. Manager, every year, in July, we start cleaning up the streets. By the election in November, all the streets are clean, so the people can vote for us. As soon as the people vote for us, the streets are no longer clean, OK? Mr. Plummer: (Laughing) How come... wait, wait, wait, wait a minute. How come I didn't hear this speech two years ago? Mr. Dawkins: OK, I'm getting ready to give it to you now. I want the streets cleaned by June, so that the people will know that we are sincere. We're not going to wait until November. Mr. Plummer: (Laughing) And keep them clean till November. Mr. Dawkins: Now, I went out during the Christmas holidays, and I called back in, and you tell me that you're four and five days behind in trash collection, is that still a fact? Mr. Bill Smith: Yes. Mr. Gaston Arellano: We are one -and -a -half days behind in one section, we are half a day behind in another section. Mr. Dawkins: And you're up to date on all other sections? Mr. Arellano: The other three sections are up to date. Mr. Smith: That's not true. Ms. Hirai: Excuse me, your name for the public record, please. Mr. Smith: (INAUDIBLE COMMENT) 181 January 8, 1987 Ms. Hirai: Your name and address, for the public record? ;il•. Arellano: Oh, Gaston Arellano, Assistant Director, Solid Waste. Mr. Dawkins: OK. Now, I also checked, Mr. Manager, with Human Resources, and we have 29 positions in the Sanitation Department that are not filled. Why? Mr. Arellano: Mr. Dawkins, we're in the process, right now, of filling out those positions. We have 24 standby openings; we're in the process of filling those right now. Mr. Dawkins: All right, do you recall telling me, almost three months ago, that the process for bringing people aboard was, you promote an individual, and then that slot, that he was in, becomes vacant, and then you had to wait until he was moved up, and then you had to hire someone else to replace him, is that correct? Mr. Arellano: That's correct. Mr. Dawkins: Well why... we haven't moved no one up in 29 slots? Mr. Arellano: No, sir. We moved people three months ago. We added... we put them on the payroll, and now we have additional openings, due to firings, reassignments,... Mr. Dawkins: OK. Now, you guys told me and the Manager... see, I'm holding you guys responsible for this. Mr. Arellano: We... Mr. Dawkins: When you sold me and the Manager on the idea of Chapter 22, you told me that with this plan, you would pick up trash twice a week, in every neighborhood, and that you would have two crews that would go around with trucks, that would pick up stuff that was missed by regular garbage pickups. What happened to that? Mr. Arellano: Sir, the commitment was for one trash pickup... Mayor Suarez: And let me add something to that. And... Mr. Dawkins: No, no. No, no, no - it was not one trash pickup. Mayor Suarez: ... and also impose penalties, and start enforcing the new code. Mr. Arellano: OK, the commitment under Chapter 22 is for rubbish collection of once a week per section. Mayor Suarez: Rubbish is once a week. Mr. Arellano: Rubbish is once a week, garbage is twice a week. Mayor Suarez: It's not really a commitment, either; it's the law. Mr. Arellano: That's the law. We're doing that. Mr. Dawkins: Not if you're a day behind in different sections. Mr. Arellano: That's correct. And... Mr. Odio: One thing, Commissioner, we need to put, that's absenteeism, - we have people on the payroll that do not show up for work, tt's one of the problems that we're trying to face, to... Mr. Dawkins: Mr. Manager, I think this Commission made it clear to you, that individuals who did not want to work should be replaced. Were you not given that directive, sir? Mr. Odio: Yes, air, and we're also having a problem, I explained to you outside today, that some of the people... 182 January 8, 1987 Mr. Dawkins: Put it on the record! You don't have to tell me what you told me outside. Mr. Odio: ... that we are... they are failing the drug test, that we are trying to promote 99's to permanent positions, and they have failed the drug testing, and therefore, not only are we losing them, to be... Mayor Suarez: Wait, wait, wait, wait, wait, wait, wait. Don't say "they have failed the drug test," if you said that there's 99 you're trying to promote. How many have failed the drug test? I presume not all 99? Mr. Odio: I was given a figure of forty... Mr. Arellano: Excuse me. In the last week, we have tested ten individuals, ten 991s, to permanent positions. As of this morning, we had only four passing the test. Mayor Suarez: OK, so that's four... Mr. Dawkins: Six out of ten. Mr. Arellano: Six out of ten have failed the test. Mayor Suarez: Six out of ten who have failed; four out of ten passed. Mr. Dawkins: OK, all right. All right, well, how many 99's you got on the list? Mr. Arellano: We have, as of right now, 24 open position for 99 After... Mr. Dawkins: OK, how many 99's... Mr. Arellano: Excuse me, after we fill the permanent vacancies, we have 24, 99 vacancies. Mr. Dawkins: All right, those six who failed the drug test this morning - did you call up six more for tomorrow? Mr. Arellano: Yes, they will be called. Mr. Dawkins: No, no, no, no - see, I'm not talking about the future, I'm talking about the present. See, not "they will be" - "did you"? Mr. Arellano: They are being called. They will be called. Mr. Dawkins: And they... well, OK, I'll rephrase it. Mr. Arellano: That procedure... Mr. Dawkins: I'll rephrase it. Mr. Arellano: That... Mr. Dawkins: Will we have... OK, since we know that we've got a failure rate of six out of ten, what's wrong with calling up 20 tomorrow, and sending them to be tested? Mr. Arellano: There's nothing wrong with that, sir. Mr. Dawkins: OK, Mr. Manager. Mr. Arellano: That's correct, we will do that. Mr. Dawkins: Mr. Manager, on February the 12th - which is whose birthday, Lincoln? - I would hope that we have all the problems that I am concerned about, with the Sanitation Department, cleaned up, and I would hope that you can tell me that you are in sync with collecting the trash, and that I will get with somebody and ride through the area, and I hope that the streets are clean. And also, at the February 12th meeting, give me the same schedule for the machine - what do you call the machine that washes down the streets? Mr. Arellano: Street... the... 183 January 8, 1987 Mr. Dawkins: Street cleaner? Mr. Arellano: The street sweeper or the pressure cleaner. Mr. Dawkins: The street sweeper. Mr. Arellano: Street sweeper, yes. Mr. Dawkins: OK. I want you to give me the same kind of schedule for the street sweeper for Wynwood, Liberty City, and Little Havana, that you gave me for the downtown area. Mr. Arellano: Yes, sir. Mr. Dawkins: See, I got a memo from you, saying that every other day, you wash down the streets downtown and sweep them up. I want the same thing in Wynwood, Liberty City, Overtown, and Little Havana. Mayor Suarez: I'll do you one better on this. Mr. Dawkins: Go ahead. Mayor Suarez: I'd like to know how that priority was set. Why did you start with downtown? Mr. Arellano: We have schedules for all the areas that we clean. It's just a matter... Mayor Suarez: But coincidentally downtown happened to be the first? Mr. Arellano: No, no, no, it's the only... Mayor Suarez: Pure coincidence. Mr. Arellano: It's the only one that... Mayor Suarez: Just like they happened to be the only area of the City that I see police standing around. Mr. Arellano: No, no, it's the only one it was asked for. They asked for those routes, and we provided those routes. Mr. Dawkins (OFF MIKE): And they offered to pay for it; and they said they would pay... Mr. Arellano: If they had asked for the Wynwood, or Little Havana, we would have provided those also. Mr. Dawkins: Well, I just asked for it. Mayor Suarez: Yeah, and ditto for me. Mr. Arellano: We have the routes. Mrs. Kennedy: You know, what's one of the things that we should consider, is for candidates and elected officials to have to pay "X" amount of dollars to clean up their own signs. Mr. Plummer: We tried that. Mrs. Kennedy: And what happened? Mr. Plummer: What we tried to do, and it was declared unconstitutional, was that they had to post a bond, and if their bond... if they did not take their signs down within - I don't know, seven or ten days after the election, we sent out City crews to do it, and deducted the money from the bond. Now, you want to try it again, that's fine with me. But, Madame City Attorney, do you remember... were you here then, when we tried that? Mrs. Dougherty: I was not here. 184 January 8, 1987 r Mr. Plummer: I think it was the same time that Maurice Ferre tried to tell Joe Carollo how big his signs could be in someone's front yard. Mrs. Kennedy: Boy, I'm glad I wasn't here for that. Mr. Plummer: That was interesting. Mayor Suarez: OK. Are you satisfied, Commissioner Dawkins, on this item? Mr. Dawkins: Yes, sir. Mr. Smith: May I... Mayor Suarez: Item 73. Mr. Smith: May I, Mr. Mayor? I've got some problems. May I, Commissioner Dawkins? Mr. Dawkins: Yeah, go right ahead. Mayor Suarez: Do you tell us the whole system's not going to work? You're not going to tell us that? Because it's working awfully well. Mr. Dawkins: Go ahead. Mr. Smith: I'm going to tell you that Mr. Gaston is wrong, if he says that it's one -and -a -half days, unless he means one and three-quarters of a week, because as of tomorrow, some of those places are going to be two weeks behind. I'm going to tell you that he's wrong... Mayor Suarez: Give me one specific demonstration. Mr. Dawkins: Give us one zone. Give us one zone. Mr. Smith: Go right out here and work from the Dixie to Coral Way,... Mr. Dawkins: All right, hold it right there. Dixie to Coral Way, what zone is that? Mr. Arellano: Dixie to Coral Way, that's in section 4. That's the one section that's... Mr. Dawkins: Section 4. Mr. Arellano: ... really behind. Mr. Dawkins: All right, what's the cleanup date? What's the regular date that goes with section 4? Mr. Arellano: Section 4 gets done every day of the week, a different part of section 4. Section 4 has a Monday assignment, Tuesday assignment, Wednesday, Thursday, and Friday assignment. Mr. Plummer: Can I ask a question? Mr. Smith: Yes. Mr. Plummer: I saw a thing over on Southwest 8th Street, called a "billy goat." Mr. Smith: Yes. Mr. Plummer: And it looks like, to me, the most useless thing I ever saw. Mr. Smith: It is. Mr. Arellano: They are very effective. We have found them to be... Mr. Smith: It's useless. Mr. Plummer: Tell me how a guy walking... 185 January 8, 1987 Mr. Smith: Thank you. Mr. Plummer: ... and pushing a piece of machinery can do... Mr. Smith: It's useless. Mr. Plummer: ... half the job that a guy riding up there in the big street sweepers do. Mr. Arellano: It's not designed to take the work of the street sweepers. The street sweepers do the work on the street; this is taking care of the sidewalk. Mr. Plummer: No, sir. I have seen that man three times, at Southwest 8th Street and 12th Avenue, and he has never been on the sidewalk. Mr. Arellano: He is supposed to be on the sidewalk. UNIDENTIFIED SPEAKER (OFF MIKE): Downtown, too. Mr. Plummer: Downtown, too? Mr. Arellano: He is supposed to be on the sidewalk. Mr. Plummer: Well, you'd better tell him that. Mr. Arellano: He will be told. Mr. Plummer: And by the way, it is not a billy goat, because it would not pick up the cans, and billy goats eat cans. Mr. Arellano: That's a brand name. Mr. Plummer: I'm sure. Mr. Smith: Mr. Mayor, we have a problem with manpower, now. And I've got a problem when I see private companies doing the work that the City used to do, and that the City can do now, by just adding one employee, or one truck, and that money's now gone to the private, and then whenever you get your rates down, you're not going to be able to get that back. That bothers me, and when I ask people about it, all I can hear is that "We don't know what to charge, because we don't know what the rates are." I mean, somebody has to care about the business, since the passage of Chapter 22, of trying to get new business. If, on February the 12th, that you come down with the rates, and the privates have eaten up everything that's left, then what good is the rates, if there is no new business for it? You've got to wait until some get built. I mean,... Mayor Suarez: Well, why would you think that around February is when all of the contracts would be entered into? Mr. Smith: I'm just saying, right now... I mean, all the little HUD projects are now, as of two weeks ago, United just picked that up. I mean, how come this City was not in there, negotiating for all those projects? If it was $100,000, it was $100,000 more that this City would have received. Mr. Plummer: Well, I guess the... Mr. Odio: Mr. Smith, a year ago, you wouldn't even be considering doing it. We've been trying... Mr. Smith: But that's a year ago, Mr. Manager; I'm talking about today. Mr. Odio: Mr. Smith, we've been trying to develop a fee that is a very complex thing, that we have to do it right, so we would not be contested in court, and then we would lose... Mayor Suarez: Well, wait, wait, wait, wait, wait, wait, wait, wait. When we asked the City Attorney if we could prohibit, totally, private companies from picking up, and say that we were going to do them all, at whatever fee schedule we came up with, we were told that that was legal. We are simply trying to come up with a fee schedule to compete with the private sector, so I don't think there's any problem with legalities here. It's just a problem. I 186 January 8, 1987 know it's complex, and I know you're doing the best job. We want you to try to do better - I mean, it's as simple as that. Mr. Odio: Well, you just said we were ordered to have a fee schedule here by the first meeting of February, and we will comply with that. Mr. Smith: Yeah, that's like putting somebody to watch the barn after everything has gone. My other problem deals with manpower, OK? I mean, Mr. Gaston's telling you that six out of ten people flunked the drug screening. Fine, but those people had been ordered two months. They've been ordered in the last year, November. They are just getting there in January. And as of today, those same people that flunked don't even know it. Mayor Suarez: Why - why is that, why the delay? Is that correct - did it take two months to...? Mr. Dawkins: Yes, more than two months. Mr. Arellano: No, it is right, the request was made. I made the request for the manpower, and the delay has taken two months, to get the people on the payroll. Mr. Plummer: Why? Mr. Arellano: I cannot answer why. Mayor Suarez: It was the holidays. Mr. Smith: Ain't no holidays. Mr. Arellano: I am the one that has to set the people out, and give the trash schedules, and make the schedules, and make the assignments, and keep it on schedule. Definitely, I wouldn't be holding it back. It's to my advantage to have those 30 persons, or 24 persons, go on the payroll right now, because my absenteeism is running eight... Mayor Suarez: Mr. City Manager, do we have any idea why? Mr. Odio: No, I... Mr. Arellano: My absenteeism is running 18 percent. Mayor Suarez: You're telling us you can't answer it. Wait, Gaston,... Mr. Arellano: Yes. Mayor Suarez: ... you're telling us you can't answer it; maybe he can. Mr. Odio: What I'm saying to him, I'm going to tell him in private. Mayor Suarez: OK. Mr. Smith: Mr. Mayor. Mayor Suarez: We'll make it public after we hear it. Mr. Smith: Mr. Mayor, we've got some serious problems. And I'm standing here, telling you I've got some serious problems, because I told Joe's... not the Manager, but I told people there, that we've had some serious problems. And our problem is that we can't get nobody, because no one will give us anybody. A temporary, that comes off the street, does not cost the City anything. You can have 50 temporaries there, that work for less than the permanent man. At least, the work is still being done. We cannot get temporaries. We are short, right now, over 60 people, not just... Mayor Suarez: Why not? Why can't we get temporaries? Mr. Smith: Because no one will give them to usl And Mr. Gaston, there, I'm asking. Mayor Suarez: I think it's pretty clear how the Commission feels, as far as moving a lot quicker on this. Do the best you can. 187 January 8, 1987 Mr. Arellano: They will be put on the payroll as soon as possible, sir. Mayor Suarez: Thank you. Mr. Dawkins: Wait a minute, I didn't hear that. What did you say? Mr. Arellano: As soon as possible. Mr. Dawkins: I didn't hear that. What was it? Mr. Arellano: As soon as the paperwork... Mayor Suarez: When is that? "Quando?" Mr. Arellano: We're working on that right now. Mr. Dawkins: No, no, no. No,... Mayor Suarez: All right, we're going to want to... Mr. Dawkins: ... it's after five o'clock. Mr. Arellano: There... there... Excuse me,... no, there are... Mr. Dawkins: In the morning, Mr. Mayor, I will ask the Manager to tell me when we will have 30 people on board. Mr. Plummer: Well, let me tell you how else you... Mr. Dawkins: Because, you just... look, you just work there, OK? Mr. Plummer: Let me tell you how else you do it. Mr. Dawkins: OK, go ahead, J.L. Mr. Plummer: Mr. Manager, we want a daily report - daily - of what has been transpired that particular day, or not been transpired. Mayor Suarez: Until the full complement has been reached. Mr. Plummer: Until the complement of 60 people has been reached. Mayor Suarez: OK, want to make that into the form of a motion? Mr. Arellano: Excuse me, excuse me, I... Mayor Suarez: You're not going to oppose that motion, are you? Mr. Arellano: No,... UNIDENTIFIED SPEAKER (OFF MIKE): Sixty? Mr. Plummer: Whatever the full complement is. Mr. Arellano: I don't have 60 openings. I have 24 openings, as of right now. Mr. Dawkins: But it's going to take 60 people to fill them, because the 24 people you've got, got to move up - is that right? Mr. Smith: That's right. Mr. Plummer: No, he's talking about temporaries, now. Mr. Arellano: I have 24 temporary openings. Mr. Dawkins: All right, how many permanent people... wait, hold up, I know how to settle this. Mr. Plummer: If you've got 24, and your ratio is six to four, you've got to go through 100 - you've got to go through 100 people to get 24, is that correct? 188 January 8, 1987 Mr. Arellano: We are in the process, right now, of filling thirteen permanent promotions. Mayor Suarez: Yeah, if we have 13 permanent, 24 temporary, that's 37. Mr. Arellano: Excuse me, excuse me. Mayor Suarez: Give us a report, on a daily basis, of the 37, until we have the 37 filled, how's that? Mr. Arellano: Mr. Mayor,... Mayor Suarez: Want to make that into the form of a motion? Mr. Arellano: The thirteen promotions will make thirteen vacancies, which are part of the 24,... Mr. Plummer: That's permanent. Mr. Arellano: ... and the temporary work force, that's correct. Mr. Plummer: That's permanent. We're talking about, how many allocations do you have for temporary? Mr. Arellano: Ninety-nine. Mr. Plummer: You have 99. And how many temporaries did you have today? Mr. Arellano: Today, on the payroll... Mr. Plummer: I hope you're paying them all. Mr. Arellano: When they work, yes. Mr. Plummer: Well,... Mr. Arellano: Today, on the books, there were 91. Mr. Plummer: So, you were eight shy today. Mr. Arellano: Yes, sir. Mr. Plummer: So, where's the 60, Bill? Mr. Smith: That's not a correct figure, Mr. Plummer. Mr. Plummer: Well, tell me, if it's not correct, what is? Mr. Smith: Mr. Plummer, they have approximately those many vacancies, as far as the temporaries are concerned. There are more than 13 vacancies in my depart... in the department. Mr. Plummer: Excuse me. Bill, we are speaking to 99 temporaries. Mr. Smith: Right. Mr. Plummer: He said there was 91 on today's payroll. Mr. Smith: No, sir. Mr. Plummer: Well, how many were there? Mr. Smith: There's not 91 of them there! So, how can you have 91? Mr. Plummer: How many were there? Mr. Smith: I don't have the figure, because I don't do that. Mr. Plummer: OK. 189 January 8, 1987 Mr. Dawkins: OK. Let me give you what I've got, as of the 29th - 12/29/86. OK? Worker/trainers: - now, these are all in Solid Waste - worker/trainer: two vacant; sanitation inspector I, one vacant; standby laborers, nine vacant; waste collectors vacant, 13;... Mr. Odio (OFF MIKE): That's right. Mr. Dawkins: ... waste collectors/operators I, one; waste collectors/operators number II, two; waste equipment operators I, one, for a total of 29 people. Mr. Arellano: That's correct. Mr. Odio: It doesn't add up to 60, like he's saying. Mr. Dawkins: No, 29, I'm talking about... Mr. Smith: Yeah, and if you move them 29, you add 29. Mr. Odio: Mr. Smith, what about the 18 percent absenteeism we're having - can you help us on that? Mr. Smith: That's normal in the industry. Mr. Dawkins: Nor... Mr. Odio: Eighteen percent? Mr. Smith: That's normal. Mr. Odio: Well,... Mr. Dawkins: Then get... all right, I'll tell you... no, no, no, if that's normal, get rid of the normal people, and get some abnormal people. (LAUGHTER) Mr. Odio: OK,... Mr. Dawkins: Ain't no problem. Mr. Odio: I agree with you, Commissioner. Mr. Dawkins: Ain't nothing wrong with that. Mr. Arellano: Commissioner, I agree with you 100 percent. Mr. Dawkins: If that's normal, ain't nothing wrong with that. OK? Mr. Arellano: We go through tremendous pain... Mr. Dawkins: No, no, no, no, we're finished with that. Go to the next item. Mr. Arellano: OK. Mr. Dawkins: Go ahead, Bill. Mr. Smith: That's all I have, Mr. Dawkins, and Commissioners, Mayor. Mr. Plummer: (Laughing) I can see tomorrow's headlines: "Dawkins Suggests Abnormal People Work for the City." Mr. Smith: My concern is that while we're sitting here, bickering about the rates, I mean, we're letting money escape that we ain't going to get back, because, just as sure, this City's not going to pass an ordinance that's going to eliminate privates in the City of Miami altogether. Mr. Dawkins: But... but... Mr. Smith: So, how will we ever get back the little HUD projects that United has? 190 January 8, 1987 Mr. Dawkins: But you have to assume part of that responsibility, Mr. Smith. Mr. Smith: Sir, I can't... Mr. Dawkins: You should be out there also, trying to identify some businesses. Mr. Smith: I can't do that, Mr.... Mr. Dawkins: Why not, sir? Mr. Smith: They would not allow me, that's unfair, because, see, I don't work for the City, and I cannot... Mr. Dawkins: You can't identify it, and have us go and do the negotiations? Mr. Smith: When I asked these people about the same... Mr. Dawkins: No, no, no, no, no, no, no, no, no, no, you can't identify it to me, or somebody on the Commission? Mr. Smith: I can do that. Mr. Dawkins: All right, then, and we'll see that somebody goes out and talks to them. Mr. Smith: All right, but the point is, I've been doing that. I asked them, and all they'd tell me is that they can't do anything about it, because... Mayor Suarez: We didn't have... we didn't even have the rates, so now, hopefully... Mr. Smith: ... because of the rates. Mr. Dawkins: We do have the rate; we have the rate now. Mayor Suarez: ... for February. Thank you, Bill. Mr. Dawkins: All righty. All right, take the next item. Mayor Suarez: We never did take that as a form of motion, but I think you get the general idea on vacancies, there. Item 73. 67. CONTINUED DISCUSSION AND CLARIFICATION OF THE PIER 5 BOATMEN AGREEMENT. (ALSO SEE LABEL #62) ------------------------------------------------------------------------------ Mr. Plummer: Oh, Mr. Mayor, let me clarify on the boat... on the charter boatmen. The reference to the RFP was separate from the ordinance of accepting the proposal. I just wanted to make that clear on the record. In other words, the RFP of the Miamarina and the charter boatmen being separate, was, in fact, a separate situation from the acceptance of the administration's recommendation. It's not tied one to the other. Mayor Suarez: I'm glad you understand that. 191 January 8, 1987 13 c 68. ACCEPT PLANNING DEPARTMENT'S PROPOSED DEVELOPMENT AND LAND MANAGEMENT POLICY FOR VIRGINIA KEY. ------------------------------------------------------------------------------ Mayor Suarez: Item 73. Mr. Sergio Rodriguez: Item 73 is a result of instructions that you gave to the administration, to develop a master plan for Virginia Key, prior to any RFP, and, as you know, we have been making presentations to you before. If you want to, we have from the staff of the Planning Department, Janet Gavarrete, that can go through a representation of this. Or else, if you have no questions, you can instruct us to go ahead and continue meeting with all the local and State and county agencies, to proceed to where a formal presentation of an RFP... I mean of a master plan... Mr. Dawkins: Move it. Mayor Suarez: I'll... Mr. Dawkins: Move it. Mayor Suarez: ... entertain a motion on the... Mr. Dawkins: Move it. Mayor Suarez: ... master plan, which was masterly put together. Mr. Plummer: No, I'd like to see the four-hour presentation. Mayor Suarez: Moved. And seconded? Mr. Rodriguez: I'm ready. Mayor Suarez: I will second it, if need be. And if not, I will grab Commissioner Ken... Mr. Rodriguez: We are ready. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Mr. Plummer: Poor girl won't get paid today. Mayor Suarez: That's right. UNIDENTIFIED SPEAKER (OFF MIKE): She will be happy. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-56 A MOTION ACCEPTING THE PLANNING DEPARTMENT'S PROPOSED DEVELOPMENT AND LAND MANAGEMENT POLICY FOR VIRGINIA KEY; FURTHER AUTHORIZING THE ADMINISTRATION TO DISCUSS SAID POLICY WITH THE REGULATORY AND ADMINISTRATIVE AGENCIES AT THE LOCAL AND STATE LEVEL PRIOR TO FINALIZING THE PLAN. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 192 January 8, 1987 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Agenda item 74 was withdrawn. 69. AUTHORIZE ADMINISTRATIVE FEE FOR OFF DUTY WORK ASSIGNMENT BY DEPARTMENT OF FIRE. Mayor Suarez: Item 75, administrative fee, $10. Mr. Plummer: Are you speaking also for the Police Department? UNIDENTIFIED SPEAKER (OFF MIKE): It's only Fire. Chief C. H. Duke: No, sir,... Mr. Plummer: Well, because... Chief Duke: ... this is only a Fire issue. Mr. Plummer: ... well,... excuse me, the same administrative fee applies on the Police side, so I think when you speak to the administrative fee, you've got to speak to both. Chief Duke: Colonel Duke, Fire Chief, City of Miami. Mr. Plummer: No, you're not a colonel, you're a chief. Mr. Odio (OFF MIKE): That's his first name. Mr. Plummer: Change your name. Mayor Suarez: Colonel Colonel Chief. Mr. Plummer: Chief Duke. Chief Duke: Commissioner, the Item 75, the Police Department already has this in position, and all we're trying to do, in the Fire Department, is to generate those same funds, in keeping with the targeted program that the City Manager's outlined. Mr. Plummer: How much are you proposing? Chief Duke: This item, for a full twelve-month cycle, will probably only generate about $6,000. Mr. Plummer: How much per man, per job? Chief Duke: This is dealing with the administration. It's $10 per job, total. Mr. Plummer: It's a little high. Let me tell you why. With the Police Department, for example in motorcycle escorts of funerals, it includes the motor and equipment, and liability insurance. Mayor Suarez: Yeah, that's... insurance should not be anywhere... Mr. Plummer: I think, you know... 193 January 8, 1987 r Mayor Suarez: ... near the same for firefighters as it is for police. Mr. Plummer: I think that you're entitled to charge an administrative fee, but I question the ten bucks. Chief Duke: I'm under the impression this was an item that was proffered by Chief McCullough, when he was the Chief. I've researched it, and I'm under the impression it's the same... Mr. Plummer: Did we talk about it at budget and agree to it? Chief Duke: Pardon me? Mr. Plummer: Did we talk about it at budget and agree to it? Chief Duke: This is for discussion, you know, at this point. Mr. Plummer: I move Item 75. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? I'm going to have to vote against. Mr. Dawkins: OK, no problem. Mayor Suarez: Just so you know. I don't know how everybody else is going to vote, but I think it's high; if that's what it was for the Police, I don't see why we don't go for the smaller figure, I mean, I... you take your chances on the vote, I guess. Mr. Plummer: Well, remember, this also now pays part of the liability insurance. Mayor Suarez: Is that increased also, for the firefighters? Mr. Plummer: No, that's part of the pool. That's got to come out of theirs also. That lia... when we established the liability fund for the Police Department on off -duty work, part of that monies, when we increased the administrative fee, went into that insurance fund, and I'm assuming - I'm assuming - that the same amount, or proportionate, of your money will go to that liability fund, to cover any potential liability the City might have, as a result of some problem. Mayor Suarez: Yeah, but we were dealing with police, we were dealing with competition from other entities and agencies, and the situation with skyrocketing insurance, resulting from incidents with the Police, and I can't imagine that we have that with firefighters. We don't have that liability problem, do we? Mr. Plummer: Mr. Mayor, your incidents are not there, but it is also, we must remember, that in the Police Department, we're looking at almost seven years, as I recall, to build that fund to a million dollars. This would help tremendously. Mayor Suarez: Oh, then can this be intermingled with the other fund? Mr. Plummer: We can take... do I recall... where's the Manager? Mayor Suarez: Now, that's... Mr. Plummer: It seemed like, to me, $2 of that administrative charge went into that liability fund. Mayor Suarez: It's a common fund, I mean it's for both? Mr. Plummer: Well, with the liability fund, the City is self -insured. Mayor Suarez: But this fund is not separate - it could be used for liability of off -duty police officers? 194 January 8, 1987 s • Mr. Plummer: Well, let's make it clear, that $8 of it would go to the Fire Department, for their general revenue, and $2 would go to that liability fund. Make it... I'll make the motion that way. Chief Duke: That's fine; we can write the ordinance any way you want. Mayor Suarez: All right, so moved. Do we have agreement from the... second, OK. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-57 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO IMPLEMENT A $10.00 ADMINISTRATIVE FEE TO BE CHARGED FOR EACH OFF DUTY WORK ASSIGNMENT BY THE DEPARTMENT OF FIRE; FURTHER DIRECTING THAT $8.00 OF THAT FEE GO TO THE FIRE DEPARTMENT FOR GENERAL REVENUE AND $2.00 OF THAT FEE GO TO THE LIABILITY FUND. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, Chief. 70. CONTINUED DISCUSSION OF BIDS FOR VEHICLES; REJECT BID OF REGENCY DODGE; ACCEPT BIDS OF JIM PEACOCK DODGE, RAINBOW DODGE, KAWASAKI WEST, AND JOHNNY STAMM EQUIPMENT FOR 53 AUTOMOBILES, 15 MOTORCYCLES, 4 TRUCKS AND 2 UTILITY VEHICLES. (ALSO SEE LABEL #4) Mr. Dawkins: Mr. Mayor, I'd like to revisit 10, please. Mayor Suarez: Item 10. Mr. Dawkins: Madame City Attorney, during the break, I was outside, and I looked at one of the 25 vehicles that we had just purchased, and the top of one of those vehicles was rusting, and when I inquired what was going to be done about it, they said we couldn't do anything, because you couldn't take it back to where it was purchased from. So, now, in my opinion, that's a bad business decision. And, for that reason, had we purchased those vehicles locally, and they were rusting out on the top, then we could take them back to the local vendor and get a correction. So, is there any way that that could be classified as a bad business deal? Mrs. Dougherty: I think what you're asking is whether or not you can reject at least one of the items in this, in this... Mr. Dawkins: One or two, it doesn't matter. Mrs. Dougherty: And the answer is, you must select the lowest bidder, unless you want to change your specifications in some way, based on some... Mr. Plummer: We want a better warranty. Mrs. Dougherty: ... some business... Mr. Dawkins: We want a better warranty. A local warranty, yes. 195 January 8, 1987 Mrs. Dougherty: Then I would suggest you reject that particular bid, whichever one it is, and approve the other ones, and direct the administration to change the specifications, to increase the... Mr. Carollo: I don't care how we want to reword it, to give contracts locally, but my whole point is that, as I understand it, it's going to be around - what, $100,000? - that it's going to cost us more if we buy local? Mr. Dawkins: Yes, but it also, Joe, means that... Mr. Plummer: A hundred thousand dollars? Mr. Dawkins: ... the businesses that you're dealing with also pay $100,000 worth of taxes, and if we don't support - in my opinion, now - if we don't support our local businesses, they won't be here to pay us no taxes,... Mr. Carollo: Well... Mr. Dawkins: ... and the guy in Jacksonville, with the local company, he doesn't pay any taxes. So, somewhere along the lines here, if we don't support the individuals... see, and then I'm the one that sits up here and raises hell, because businesses in the City of Miami are moving to the county, and I don't want to give them our money. Mr. Carollo: Well, I agree, Miller, but I think, out of the three local ones that we have, the three local dealerships, I think only one, possibly two, are inside the City of Miami limits. The point that I'm making is, that if they'll match the lowest bid that we had from somewhere else, I've got no problem in going with them. Mr. Plummer: You can't negotiate a bid. Mr. Dawkins: You can't do that. Mr. Plummer: You can rebid, but you can't negotiate a bid. Mr. Carollo: Maybe we should rebid, then. Mr. Plummer: Well, that's what he's saying. Mr. Dawkins: That's what I'm saying. Mr. Carollo: And I have no problem with rebidding, but... Mr. Dawkins: That's what I said. Mr. Carollo: You know, I, in good conscience, can't just go for a local bidder, if they're going to cost us $100,000 more than an outside bidder. Mr. Ron Williams: If I may, Commissioner. During the break we did do a tabulation of what the difference in cost would be, and I did state on the record the individual per item cost, but our total tally on that is $56,350. Mr. Carollo: It's $56,000. Mr. Williams: Three -fifty, if we chose to go with only local vendors, local bidders, meeting full specifications. Mr. Plummer: Well, you don't know that on a rebidding. Mr. Carollo: That's right. If it was rebid, you wouldn't know. Mr. Plummer: Rebidding could be lower, or it could be higher. Mr. Williams: That's true on rebidding. I'm just doing this based on present bidding. Mr. Plummer: Let me... let me ask... Mr. Carollo: You know, I'm all for giving business to local people, whether they're City, or just in Dade County, but, you know, we have to get the low price too. 196 January 8, 1987 Mr. Plummer: Madame City Attorney, how does the City of New York give local businesses a ten percent break on bidding? Mr. Carollo: Trump handles that. Mr. Plummer: How do they do that? Mrs. Dougherty: There is probably an ordinance that would permit them, or a State law that would authorize them to. It's called a "local preference ordinance." In other words, if somebody comes within... if a local company comes within ten percent of the lowest bid, then you can select that company. Mr. Plummer: Are you saying we're prohibited from that? Mrs. Dougherty: Yes, our charter would not permit us to do that. Mr. Plummer: Then we need to change our charter. Well, since we have got to a referendum, then let's go to a referendum. Just because the Charter says it doesn't make it right. I think - you know, I've taken heat many of times sitting up here on this Commission because I want to do business with local people. All things being equal, and I don't have any problem with giving local people a 10 percent or a 5 percent edge. By God, let me tell you something, that is the name of the game. Their dollars stay here in this community and create jobs and revenue and exchange of dollars. Mrs. Dougherty: That is right. We will draft for the next referendum, a local ordinance... Mr. Plummer: Please do. Mrs. Dougherty:... and Charter amendment. Mr. Plummer: Yes, Ma'am. This Commission will set the percentage whether it is ten, or five, or whatever it is. All right so, then you are on item ten Commissioner Dawkins' recommending, or a motion to rescind... no, not rescind... Mrs. Dougherty: To reject item one, I believe, and to adopt the rest. Mayor Suarez: Right, for the reasons stated. Mr. Dawkins: I would say item one and two, but since the Police Department says they need the cars, I will go along with two, and just take and re -bid item one. Mr. Williams: Let me say that item one... of course, I don't want to speak for police representatives, but of course item one is the major portion of the bid. That is the 203 police pursuit vehicles, the patrol cars, where we are having the most difficulty. Mr. Plummer: Let's get into this a little bit even deeper. Why do we need 203 pursuit vehicles. We never ever have 203 on the street at one time. Mr. Odio: You have given us an order to replace vehicles every two years. Mr. Plummer: Excuse me, that is fine, and those pursuit vehicles should be changed every two years. You don't have at any given time, right now, pursuit vehicles, which is patrols. Mr. Odio: That is because of the shift configuration. You have three shifts. You have one shift coming in, you have the other shift going out. Mr. Plummer: Excuse me, you do not have at any one given time on the street of the City today, fifty vehicles in patrol. Mayor Suarez: I don't think more than sixty at any one time. Mr. Plummer: Excuse me? Mayor Suarez: Fifty or sixty at most. 197 January 8, 1987 Mr. Plummer: OK, now, if this City is trying to save money, why aren't we buying 150 compact cars and fifty pursuit, or whatever we need in pursuit with all of this high priced equipment on it... you know what is the justification for 203? Mr. Odio: We are trying to increase - OK, first do you want me to go into the whole ? Number one, we are going for fifty cars, take home. That is one per... Mr. Williams: Thirty. thirty, thirty. Mr. Plummer: OK, but they don't have to be a pursuit! Mr. Odio: Thirty, I am sorry. Thirty, that will be taken home, they are pursuit cars. Mr. Plummer: OK. Mr. Odio: The police officers works on the streets and will take them home. Mr. Plummer: All right, that is thirty. Mr. Odio: We are only buying thirty now? Mr. Carollo: This Commission approved fifty. Mr. Williams: Well, as I understand, and again, I need to get the police involved. They were unable to identify fifty patrol officers living within the City limits. One of your concerns was that these officers had to reside within the City. Mr. Odio: The officers have been going home and will be going home, I... Mr. Carollo: Right, we didn't say that they had to be just patrol. If they could identify any more patrol, then they could have gone to detectives, or you know, others. Mr. Plummer: Detective vehicles don't have to be pursuit, OK? Mr. Williams: Well, then, Commissioner, we can meet your requirement because we are recommending the purchase of additional vehicles, those vehicles that we call P2, that is non patrol, other category vehicles, the total number is 84 that can very well... twenty of them very well can be added to that thirty, and made available outside of patrol. Mr. Plummer: What is the difference in price in a compact and a pursuit vehicle? It is got to be $5,000, $6,000, to $8,000 difference in money. Mr. Williams: Let me give you those exact numbers. Mr. Odio: While he is doing that, let me explain what we are doing. Now, one cruiser is used by at least twelve to fourteen police officers. We are increasing the fleet to assign vehicles to sectors and zones, so that only three to four police officers drive a vehicle, therefore, improving the maintenance of that... Mr. Plummer: Well, if you have a car assigned to a zone, OK? Mr. Odio: Right. Mr. Plummer: There are four policemen assigned to that zone on a regular basis, and they should be the only ones that are driving. Mr. Odio: That is why we are going to do that. Mr. Plummer: That is fine. Mr. Odio: Now, we were not doing that up to now. Mr. Plummer: OK then, I am not speaking to up to now. 198 January 8, 1987 Mr. Odio: If we would have gone on a normal replacement as we had them assigned before, it would have been 118 cars. Mr. Plummer: Yes, but you see, what you did before is a lot different, because you had detective cars that were full sized, you had every car over there was full sized. Now, what I am saying is, how many actual pursuit vehicles do we need?... the ones that are the specialty, the more expensive. Mr. Odio: We have... normally, we would have replaced 119. Because of the take home program with thirty, we added thirty. Because of the additional assignment of cars, two zones, we are adding 55 more, that makes it a total of 203. I feel that this way the cars will last longer, they will keep better, we can improve the overall maintenance program on the whole fleet. Mr. Plummer: Mr. Manager, sir, according to the "P" sheet of January loth, the "P" sheet, the zone assignments... Mr. Odio: Oh, OK. Mr. Plummer: ...patrol, all right sir, you had 29 cars on the street - patrol, 291 Those are the vehicles that should be in demand, that they be pursuit vehicles, but 29 out of 203 doesn't make sense to me. Mr. Williams: Are those zone sergeants and lieutenants? Mr. Plummer: No, sir, not lieutenants' and sergeants' cars, they are not pursuit. Mr. Odio: I will have to get the police up to answer. Mr. Plummer: Well, OK, here, this is their sheet. They had 29 different cars in different zones. Mr. Williams: Those cars, again those sergeants' and lieutenants' cars that cover those zones are equipped comparable to the pursuit units. Mr. Plummer: Excuse me, I don't agree with you, but let me, for the purposes of argument - one, two, three, four, five, six more - six morel... that includes the major, the captains, the administrative, the lieutenants and so called light duty- why he was assigned a car I don't know, but six more. That is 35. Now, what is the difference in price? Mr. Dawkins: And twice thirty-five is seventy since they have got to have them exchanged. Mr. Plummer: What is the difference in price between a pursuit vehicle and a compact? Mr. Williams: I've got those. The total difference is $1,600. Our low bid for this... Mr. Plummer: Wait a minute, wait a minute! You are telling me you have got almost $1,600 worth of equipment in the bucket seats? Mr. Williams: No. Mr. Plummer: Sir, excuse me... for bucket seats, the high pressure hoses, all of that is... how much is that package of equipment? Mr. Williams: Let me give it to you, Commissioner. On the pursuit vehicle, the base price, and I am talking the low bidder per this bid document, is $10,294. The additional bucket seats, the forty -forty requirement that we have for the converter com program, is one sixty one. The hoses and other heavy duty requirements, silicon, stainless steel clamps, is bid at $79. Mr. Plummer: Four barrel carburetors, heavy duty shocks. Mr. Williams: Well, we don't have four barrels in this document. Mr. Plummer: Well, but that is all in there. Oh, yes you do. It was in your bidding. 199 January 8, 1987 6 • Mr. Williams: We bid it as an option. Mr. Plummer: Well, OK. Hey, I am saying, for the men who need them, get them, and get the best that you can find, but for those who are not in patrol, or in pursuit capacity, buy a cheaper car! I just... Mr. Williams: Let me tell you, we have made provisions for that, because we have bid a smaller compact package. One of the weaknesses of that, obviously is the size of it will not accommodate the cage program that is required to transport prisoners. Mr. Plummer: Detectives don't transport. They call a regular patrol unit to transport. Mr. Williams: And you will notice in item three, we have bid and recommended to you that a number of these "P2" class ificational cars, as we call them, that is, detectives and other type usages, are bid and bid recommended here. Mr. Plummer: Ron, I am telling you, as far as I am concerned at this particular point, I cannot see justification for more than 100 pursuit vehicles. Now, you got a justification, I want to hear it. I am not trying to stop anything, I am trying to save a few dollars. Mr. Williams: Again, I don't Mayor Suarez: Yes, he is not making that an absolute requirement. He is telling you that that is just a logical deduction from everything we have discussed, and you can work it out with him. You don't want to get into this now, do you, Commissioner? I mean, you have told him what... Mr. Plummer: No, you know, if he has got a legitimate justification, I want to hear it! Mr. Williams: Mr. Mayor, again, I am not responsible for the assignment of police cars, and I am not trying to pretend that I am. Your mandate to us was to replace patrol vehicles within two years. We went back in concert with that direction, prepared a program that would eliminate from the City's fleet all front line emergency patrol units that are two years... Mayor Suarez: Just do it in accordance with the criteria set up by the Commission as expressed, which makes logical sense, that is all! Mr. Plummer: Unless otherwise justifiably shown. Mr. Williams: The Chiefs office obviously would be able to explain that to you, I do not assign the police cars. Mayor Suarez: They are not here. We are not interested in their explanation. We have got the City Manager and we have got you, who is charged with doing this. I am not interested in explanations. Anything else, Commissioner? Mr. Williams: Well... Mr. Plummer: No, I have nothing else. Mayor Suarez: We have a motion on the... yes, I.mean, you know... Mr. Williams: I would just like to express to the Commission that as I stated this morning, we are in a time capsule here, wherein we do need to make a commitment on whatever that number of units happen to be, so that we can... Mr. Plummer: Well, but Ron, excuse me. According to Commissioner Dawkins' motion, you are going to go back out to re -bidding on project one, that is his motion. So now, you can't eliminate a time frame unless you can expedite the R.F.P. Mr. Williams: OK, the absolute last day to get in on this model year and place order for these units, will be March 1st, OK? Again, that will put us behind other major municipalities, competing for these vehicles. It could very well be late summer, early fall before we get a delivery on these vehicles, if we don't make a commitment to go ahead with a purchase. 200 January 8, 1987 Mr. Plummer: Speak to Commissioner Dawkins about that. Mr. Dawkins: You have got 51 you are buying right here. You are buying 51 from Jim Peacock in Daytona Beach. Mr. Williams: Yes, those are what we call... Mr. Dawkins: Well, that is 51 that you are going to get while we are waiting on the others. What is the problem? Mr. Williams: Those are general pool cars, Commissioner. Those cars are there to replace worn out aged vehicles that are used by the non -emergency programs within the City. Mr. Plummer: Are they compact? Mr. Williams: They are smaller compact cars, yes. We are recommending Aries "K", or the smaller "K" cars. Mr. Plummer: Isn't there a cheaper car? Mr. Williams: I'm sorry? Mr. Plummer: Isn't there a cheaper car than an Aries "K"? Mr. Williams: That is the low bid at this point per item 3. Mr. Plummer: No, no, that is not what I asked you. Mr. Williams: Oh, there is a subcompact that is cheaper than a compact, of course. Mr. Plummer: And how much cheaper is that? Mr. Williams: We did not bid the subcompact vehicles. Mr. Plummer: Well, do you have a general idea of what the value of them are? What is the State bid? Mr. Williams: Of course, probably $7,000. Mr. Carollo: You checked out the Volvos here, Ron? Mr. Williams: I am working on it, Commissioner. Mr. Carollo: Yes, I tell you, just to show you just how many Volvos those commercials sold, the Mayor was so impressed that he went out and leased one. Mr. Dawkins: And everyone you get, the Commissioners gets them. Mr. Carollo: Now he has got a Volvo and a Mercedes. Mr. Plummer: What are you looking for, Joe, a royalty? Mayor Suarez: Yes. Mr. Williams: I just do think it is important. I recognize the Commission's concern to work with the local vendors, and we do share that concern ourselves. We understand that making a major purchase from a local vendor gives us the opportunity to go in and talk more directly with that provider on warranty considerations because he is local; however, we put this package together void of the local preference requirement that you are placing on us now. Mr. Dawkins: Yes, but you see, that is the only problem I've got with this. For five years I have been sitting here telling the guy before you, don't buy no damn more cars outside the City of Miami. When he left and you took his job, I told you the same thing, and yet you people, you come back up here right now with the same thing, Ron! Mr. Williams: You are absolutely correct, Commissioner. 201 January 8, 1987 Mr. Dawkins: So why don't you guys try to find a way to help me not do it, and then I wouldn't be in the bind that I am in now saying because... Mr. Williams: That is legislative. Mr. Plummer: Because we are going to go back out for better warranties. Mr. Dawkins: OK, that is right, that's all. Mr. Carollo: A one year 12,000 miles... Mr. Williams: To answer your question, that is a legislative resolve. That is not an administrative matter that I can handle. Mr. Dawkins: OK, we are going back out for better warranties. Mr. Plummer: Let me tell you something, if you were in the private sector, buddy, and you had a deadline of March 1st to get in new bids, you know what?... if I were your boss, I'd tell you, your job is on the line. Mr. Williams: We are in the public sector, Commissioner, we will do the same thing. Mr. Plummer: I am sure you will. Mayor Suarez: OK, call the roll on the motion. We do have a motion pending, don't we? Ms. Hirai: We have. Commissioner Dawkins moved it. Mr. Dawkins: J.L. seconds it. Mrs. Kennedy: Could you repeat your motion, Miller? Ms. Hirai: The motion, first reconsidered agenda item 10, and then there was a motion to reject bid item number one, we are adopting the rest of the bids received on that item. Mr. Dawkins: We are going out and get a better warranty on item one. Mr. Williams: Adopting "as is," as recommended, items two through nine. Mayor Suarez: Right, So moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-58 A RESOLUTION REJECTING THE BID OF REGENCY DODGE, INC. FOR 203 POLICE PURSUIT VEHICLES FOR THE TOTAL AMOUNT OF $2,146,522.00 AND ACCEPTING THE BIDS OF JIM PEACOCK DODGE, INC., RAINBOW DODGE, KAWASAKI WEST, AND JOHNNY STAMM EQUIPMENT AT A PROPOSED COST OF $554,484.09 FOR THE PURCHASE OF A TOTAL OF 53 AUTOMOBILES, 15 MOTORCYCLES, 4 TRUCKS AND 2 UTILITY VEHICLES AND FURTHER AUTHORIZING THE PURCHASE FROM REGENCY DODGE, INC. AND DON REID FORD, INC. UNDER A STATE OF FLORIDA CONTRACT AT A PROPOSED COST OF $756,956.50 FOR FURNISHING A TOTAL OF 84 AUTOMOBILES AND 1 VAN ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $1,311,440.59; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS 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.) 202 January 8, 1987 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 71. CONTINUED DISCUSSION OF PROPOSED APPROPRIATIONS FOR HEAVY EQUIPMENT MAINTENANCE DIVISION (See labels #22 and 085) Mayor Suarez: Do we need to go and get item 35, the companion item on that? Mr. Williams: Yes, we do, I'm sorry. Mayor Suarez: With the modifications made as to what it is that we are supposed to purchase? Mr. Williams: Yes, I would obviously have to give you a reduced figure, and it... Mayor Suarez: I will entertain a motion to that effect. Mr. Dawkins: Move it with the... Mayor Suarez: Revised figures? Mr. Dawkins: Revised figures. Mr. Plummer: Let's hear the number. Mrs. Kennedy: Second. Mayor Suarez: So moved, seconded. Mr. Plummer: Wait, can we hear the number? Mayor Suarez: A lot less. Mr. Plummer: Well, 56, the companion to pay for the ones we ordered. Mayor Suarez: OK, figure that out, we will go onto item 47, which we also left. Mr. Plummer: What is the number? Mrs. Kennedy: 35. Mayor Suarez: That was item 35. 203 January 8, 1987 ------------------------------------------------- --------- ------------------ 72. FIRST READING ORDINANCE: SIDEWALK CAFES. --------------------------------------------------------------------- Mayor Suarez: Item 47, Sergio? Mr. Rodriguez: Item 47 is the sidewalk that has been presented to you before, the sidewalk cafes ordinance, and... Mayor Suarez: We had some people. Let me just explain too, while we are going back to this item, in addition to the fact that we passed it up in the morning. We do have some people that do want to be heard on item 47?... sidewalk cafes. Mr. Rodriguez: As you know, when we discussed this last time... Mr. Plummer: What the hell does that posy pusher want? Mr. Rodriguez: Beg your pardon? Mr. Plummer: He is not in the cafe business, he is a posy pusher! Mr. Rodriguez: There was a concern about the amount of fees that we were proposing, and we are proposing now a $12 per square foot of usable sidewalk area as determined by the Department of Public Works, and that is the only change that we are recommending at this point. Mr. Plummer: $12 per square foot? Mr. Rodriguez: Of usable area. Mr. Plummer: OK, Mr. Mayor, I will accept that, based on the brainwashing that I have had from the Planning Department and the Legal Department, with one proviso, that that additional seating, which is going to be utilized in the sidewalk cafe portion cannot be used for any configuration of a liquor license. There is a minimum requirement of 200 seats, I believe. Mr. Rodriguez: Right. Mr. Plummer: And that we, the Commission, so ordain that that is not to be used in the configuration for the application of a liquor license. Also, that any of the... what was the wording you said?... any of the seating that is there must be made available to the public. Mr. Rodriguez: It is already there in the ordinance. Mr. Plummer: OK, but let's understand it - that any member of the public who wants to walk up there and sit down for any period of time, has the absolute right to do so, whether they purchase anything, or not. Mr. Rodriguez: That is section 54-116, item 9. Mayor Suarez: That is built in. Mr. Plummer: I can see a lot of brown baggers. Mayor Suarez: Sir, do you wish to be heard against or in favor of this? I mean, we will hear you. Mr. Mario Pestonit: My name is Mario Pestonit, and I am vice president of CAMACOL, and I am a member of the board of the Latin Quarter. We see here, this project, and we receive it with open arms because it is going to be some incentive for bringing people to our neighborhood, and the merchants in our City are desperate to compete with other cities in this project. Mr. Plummer: You are in favor of the ordinance? Mr. Pestonit: Yes. Mayor Suarez: Any one else? Thank you. 204 January 8, 1987 Mr. Pestonit: You are welcome. Mayor Suarez: And we are presumably going in that direction, heading in that direction. Anyone else wishes to be heard on item 47? Mr. Plummer: I will move it as modified. Mayor Suarez: Move it as modified. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54 ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SIDEWALK CAFES." BY ADDING NEW AREAS TO BE INCLUDED UNDER CAFE ZONES IN SECTION 54-109, "DEFINITIONS", BY AMENDING SECTION 54-111, "PERMIT FEES", TO PROVIDE FOR PERMIT FEES TO BE IMPOSED ON A SQUARE FOOTAGE BASIS; BY AMENDING SECTION 54-114, "STANDARDS AND CRITERIA FOR APPLICATION REVIEW", AND SECTION 54-116 "FORM AND CONDITIONS OF PERMIT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 73. IN -KIND SERVICES PROVIDED BY FIRE, SANITATION OR POLICE DEPARTMENTS MUST COME OUT OF THE SPECIAL PROGRAMS AND ACCOUNTS FUND AND TRANSFERRED TO APPROPRIATE DEPARTMENT. Mayor Suarez: Agenda item 76. We will hear from you again. Chief Colonel Duke: Colonel Duke, Fire Chief, City of Miami. This again, is another item that was proffered prior to my taking office. Again, going along with the City Manager's targeted program for saving $1,000,000 in the City of Miami Fire Department, it may have the impact of impacting on some of the other departments in the City. We would like to develop an ordinance that would eliminate or get the City Commission to agree not to use in -kind services, because of the financial impact that it has on the Fire Department's budget. Mr. Plummer: Well, wait a minute. I don't think at any time that this City has ever waived, or given in -kind services, that we have taken it out of your budget. It has been out of General - Special Accounts. Where is the Manager? Chief Duke: The impact... Mr. Plummer: We just saved $100,000 we lost a Manager. 205 January 8, 1987 Chief Duke: The impact that it would have on the Fire Department's budget for any major event, might cost up to $20,000. It is still charged against our budget. Mr. Plummer: Yes, but I don't think that comes - when we waive the in -kind, or we give in -kind services, to the best of my knowledge, it does not come from your budget, it comes from the Special Accounts budget. Chief Duke: It may come from the Special Accounts budget, but it still runs through our budget to, you know, to get there. Mr. Dawkins: What he is saying, Commissioner Plummer, is that even though we provide the funds and the funds are provided, it is never charged back, I mean, the funds are paid out of his account, the same as with Sanitation, and the money never goes back to that fund, it just, I mean, I don't know! That's what you are saying, right? Mr. Odio: When you weigh these services, if you give their services in -kind, they never get credited for that money. The only way they can do that, is by you issuing a grant, like we did with the Dinner Key Auditorium this morning, where you actually issue a grant for $60,000. With that money, then we pay the auditorium. But, that is not what we do with the Fire Department. Mayor Suarez: Well, this is an internal accounting thing, I mean, where you shift it from one to the other. Mr. Plummer: Why don't you do it with the Fire Department? Mr. Odio: Right, because normally, when you waive their services, when you said, you know, just provide the services, period, and they have to provide it with on duty people and... Mr. Plummer: Well, all right, here, I will make you a motion at this time that any time that in -kind services are provided from the Fire Department, that monies must come from the Special Accounts fund and be transferred to the Fire Department's fund. Mr. Dawkins: I'll second that motion if you add Sanitation and the Police Department. Mr. Plummer: Be happy to! Mayor Suarez: So moved and seconded. I thought we were always doing that. Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-59 A MOTION DECLARING THAT ANY TIME THAT IN -KIND SERVICES ARE TO BE PROVIDED BY THE FIRE, SANITATION OR POLICE DEPARTMENTS, THE MONIES TO COVER THE COST OF SAID IN - KIND SERVICES MUST COME OUT OF THE SPECIAL PROGRAMS AND ACCOUNTS FUND AND BE TRANSFERRED TO THE SPECIFIC DEPARTMENT'S BUDGET. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 206 January 8, 1987 NOTE FOR THE RECORD: AGENDA ITEM 77 WAS WITHDRAWN. 74. DISCUSSION CONCERNING CITY'S INVESTMENTS IN LOCAL BANKS. Mayor Suarez: Agenda item 78. Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, air. Mr. Dawkins: Can somebody tell me where we are with the investments that we have of City money in banks and what they are doing to fund projects in the distressed areas? Mr. Carlos Garcia: Commissioner, I think the City Attorney has a report on that. She may want to trace that point. Mrs. Dougherty: Yes, sir, Mr. Commissioner. We passed out for your consideration today a report and basically, what we are reporting to you is that we have sent letters 16 banks. Eleven of them reported back to us with information. We are recommending at this time that we only do business with the ones that have reported back to us, and we are then going to also request reports from the four regulatory agencies that are overseers of the community reinvestment act to get their reports as well, and when we have that collated and reviewed, we will come back to you with the final report. Mr. Dawkins: OK, do we have any funds in the four that did not respond? Mr. Garcia: There are only two that didn't. I don't believe so, Commissioner. Mrs. Dougherty: There were two, there were two. Mr. Garcia: Not at this time. At this time we have funds only with two local banks, Total Bank and Glendale Federal, and we have been able to move the other banks, because those investments mature throughout. They are short term investments and we have placed these funds in either treasury bills or treasury notes. Mr. Dawkins: I don't want us to put any money - those four that did not respond, don't put no money in them, period. Mr. Garcia: All right, we are not doing that at this time. Mr. Dawkins: Because if they are not helping our contractors, and our businessmen by making loans, we don't need to be putting the City of Miami money in their banks, OK? Mr. Garcia: That is the way it is being done. Mr. Dawkins: OK, thank you. 207 January 8, 1987 75. EXTEND LEASE AGREEMENT WITH BELAFONTE TACOLCY CENTER INC. Mayor Suarez: Item 80. John? Mr. Dawkins: Move it! (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Extension of the lease, Belafonte Tacolcy, item 80. Mr. Dawkins: Move it. Mayor Suarez: Moved, seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-60 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE LEASE AGREEMENT DATED JULY 14, 1981 (LEASE). ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 1, BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY CENTER, INC. (LESSEE), LOCATED AT N.W. 62 STREET AND N.W. 9 AVENUE. (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: VICE MAYOR PLUMMER CLARIFIED THAT WHEN HE EARLIER MOVED ITEM 83 HE MEANT TO MOVE ITEM 82. 76. ALLOCATE $30,000 FOR THE 1987 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES AND SUBSIDIARY PONY LEAGUE PROGRAM. Mayor Suarez: Agenda item 81. Mr. Odio: Item 81 is simple. I don't know if there is someone here from the baseball. Mr. Joseph M. Rodriguez: Yes, Joseph M. Rodriguez, 1835 West Flagler Street. On behalf of the City of Miami Youth Baseball Academy. This is on a project which each year the City agrees to help co -underwrite, whereby teams from six, or actually, five... 208 January 8, 1987 Mr. Plummer: How much? Mr. Rodriguez: $30,000, which is... Mr. Plummer: Is this a City program? Mr. Rodriguez: Yes, it is, the teams are housed in City hotels. They are fed in City... Mr. Plummer: Wait, wait, if it is a City program, why aren't the funds provided for it? Mr. Odio: It was not budgeted... Mr. Plummer: Are you saying sir, this is a City program, is that correct, Howard? Mr. Dawkins: City Sponsored Program. Mr. Rodriguez? Well, the City has sponsored the funds, but they have been run through the... Mr. Plummer: Does the City control the program? Mr. Al Howard: Yes, the City does control the operation, but for the past five years, the league has run the program itself. We have been a cosponsor, supporting the funds. They run all the activities of the program. Mrs. Kennedy: What happened last year, Al? Mr. Howard: It was a very successful program. It was operated the same way for the last five... Mr. Plummer: Who makes the final decisions on any decisions? Mr. Howard: We do, as far as the money is concerned. Mr. Plummer: I move the allocation of funds. Mrs. Kennedy: Second. Mayor Suarez: With that understanding, that we make the final decisions? Mr. Plummer: Sure, we run the program, it is our program. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-61 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES FOR THE "1987 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES AND SUBSIDIARY PONY LEAGUE PROGRAM"; FURTHER AUTHORIZING THE PROCUREMENT OF NECESSARY ACCOMMODATIONS AND SERVICES FOR SAID EVENT AND PROGRAM; SUBJECT TO AND CONTINGENT UPON THE CITY'S CONTINUED CONTROL OVER SAID PROGRAM AND FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 209 January 8, 1987 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Rodriguez: Thank you. Mayor Suarez: Thank you. -------------------------------------- --------------------------------------- 77. PUT OUT REQUEST FOR PROPOSALS FOR RENOVATION AND OPERATION OF MIAMARINA, WITH PROVISOS. Mayor Suarez: Item 83. Do we need to take a vote on item 83? Mr. Plummer: Yes, because I've got a problem, because 84 backs right up to it. Mr. Gilchrist: Items 84 and 85. Mr. Plummer: And 84, John, is not the figure you called me and took a straw ballot on the other day. Mr. Gilchrist: It is $1,373,000. Mr. Plummer: That is what you told me. Mr. Gilchrist: That is the bid cost. Mr. Plummer: Now, I am reading - what? Mr. Gilchrist: That is the bid cost. That is the construction cost, sir. Mr. Plummer: Well, but you are showing here $1,700,000. Mr. Gilchrist: Right. Mr. Odio: Total allocations. Mr. Carollo: Can we do the following? Can we move right to the items that we have people here for, and then handle whatever is left? Mayor Suarez: Yes, well we are almost finished. I mean, we are going to do 84 and 85 and... Mr. Carollo: No, no, we still have quite a few that nobody is here for. Mayor Suarez: 84 and 85, we are going to move those in short order, and 86, 87 and 88 are the three remaining. Mr. Odio: What we need to decide on 83 is whether we should go out for an R.F.P. and have a private sector run that marina for us, and I strongly recommend that we do so. Mr. Plummer: Let me make a recommendation to you. I agree with the Manager, partially. I think we ought to go out with the R.F.P., see if there is somebody out there in the private sector who would come back in and give us a guaranteed return, but we will never know that if we don't go out with an R.F.P. If we go out with the R.F.P., if we get a super proposal, we accept it. If we don't get a good proposal, we reject it and we're the operator. Mr. Odio: Let me remind you also, Commissioner, Rouse Company is obliged, under their contract to bid on this. 210 January 8, 1987 Mr. Plummer: But, we don't have to accept it. Mr. Odio: We don't. Mr. Gilchrist: Don't have to accept it. Mr. Plummer: That is right. All we have got to do is pay them the $1,900,000. Mrs. Kennedy: I move that we instruct the City Manager to go out for an R.F.P. Mr. Plummer: OK, but wait a minute... Mr. Gilchrist: Thank you. Can we set a public hearing for the February Commission meeting then? We will bring the R.F.P. Mr. Plummer: You need a public hearing on that? Mr. Gilchrist: An R.F.P. is a unified development project. Mr. Plummer: That is fine. Now, excuse me, with one proviso. That R.F.P. must include the wording that all of the money that the City is spending on that marina, will have to be paid back to the City. Mr. Gilchrist: Yes, sir. Mr. Odio: That is OK. Mayor Suarez: So moved. Mr. Plummer: Yes, sir. Mayor Suarez: Seconded, Commissioner Kennedy, you second? Mrs. Kennedy: Yes. Mayor Suarez: Any discussion? Call the roll on item 83. Mr. Plummer: Well, this is 83, let's get to 84. Mayor Suarez: With the proviso. We still have 84. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-62 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO PUT OUT A REQUEST FOR PROPOSALS IN CONNECTION WITH PROPOSED RENOVATION AND OPERATION OF MIAMARINA TO SEE IF THE CITY CAN OBTAIN A GUARANTEED RETURN; FURTHER STIPULATING THAT IF SAID RETURN IS NOT FOUND TO BE EQUITABLE, THE CITY WILL SIMPLY REJECT AND OPERATE THE MARINA ITSELF; AND FURTHER STIPULATING THAT THE R.F.P. SHALL MAKE VERY CLEAR THAT ALL THE MONIES WHICH THE CITY IS SPENDING ON THE MARINA WILL ULTIMATELY HAVE TO BE PAID BACK TO THE CITY BY THE SUCCESSFUL BIDDER. 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. 211 January 8, 1987 ------------------------------------------------ --------- ------------ 78. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "MIAMARINA RENOVATION PROJECT" AND APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Item 84. Mr. Plummer: Now, why $1,700,000? Mr. Odio: (OFF MICROPHONE) It is an emergency ordinance that will... Mr. Plummer: Does the $1,700,000 include the $200,000 for the boatmen? Mr. Gilchrist: No, sir, it does not. Mr. Plummer: Well, where is the other $400,000 going? Mr. Odio: We will bring back to you those funds when we are ready to pay All we are saying here is... Mr. Plummer: Then, why allocate them now? Mr. Odio: So that we don't have to come back and allocate it... Mr. Plummer: I'd rather do it at the time that you bring me back the program. Mr. Odio: Fine, reduce it down to $1,300,000... Mr. Plummer: No, sir. Mr. Gilchrist: I have to say one item in there, though that we pre -purchased wooden tiles for $71,000 and we needed to have this appropriation, $71,000. Mr. Plummer: I move that we allocate $71,000 to the present fund. Mr. Odio: I need $1,300,000... Mr. Plummer: No, no, no. Mr. Gilchrist: $73,000 plus the $71,000. Mr. Odio: I will award that if Mr. Plummer: But, if we are going to an R.F.P., there is nothing to award. Oh, I am sorry, you are on construction. Mr. Gilchrist: We are already... Mr. Plummer: $1,300,000 plus $71,000. What is that? Mr. Odio: (OFF MICROPHONE) Mr. Plummer: I move that allocation. Mayor Suarez: Moved. Mr. Carollo: Second. Mrs. Kennedy: How much is... Mr. Plummer: $1,300,000. It is the allocation for the construction plus the poles we bought. Mayor Suarez: OK, the pilings and the actual monies that we expect to spend. Moved and seconded. Any discussion? Read the ordinance. Mr. Plummer: Those poles must be made out of solid gold! THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. 212 January 8, 1987 6 Mrs. Dougherty: "...in the amount of one million three hundred"... how much is it? Mr. Odio: We will need another $38,000, here. Mr. Gilchrist: Wait one second before you... Mr. Plummer: How much total? Mayor Suarez: OK, we only need to fill in the figure? Mr. Plummer: Wait a minute, I will give it to you in a minute. Mayor Suarez: Somebody who can add. Mr. Plummer: $159,000 plus the $1,300,000. That would be $1,459.000. Mr. Odio: No, no. Mayor Suarez: $1,459,0007 $1,459,000 is the figure that goes into the ordinance as read and moved. Give me the figure one more time. Mr. Odio: $1,373,577, plus $159,000. Mr. Plummer: I will make a motion to allocate not to exceed $1,500,000. Mayor Suarez: OK, the figure is $1,500,000. Mr. Plummer: Not to exceed! Mayor Suarez: Right. Not to exceed $1,500,000. So moved and seconded, read, 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, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "MIAMARINA RENOVATION PROJECT" AND APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED $1,5000,000 FROM MARINA REVENUE BOND FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Carollo, 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. 213 January 8, 1987 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10207. 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. 79. ACCEPT BID: McNEW MARINE CONSTRUCTION INC. FOR BASE BID AND ADDITIVE ALTERNATES FOR BAYSIDE SPECIALITY CENTER - MIAMARINA RENOVATION PROJECT. Mayor Suarez: Agenda item 85, a companion item. Mr. Odio: It is an emergency action we had to take to start the construction. Mayor Suarez: It has been moved. It has been moved. Do we have a second? Mr. Dawkins: Second. Mayor Suarez: Any discussion? Call the roll. Mr. Plummer: Excuse me. Any member of the public wish to discuss this item? Let the record reflect no one came forward. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-63 A RESOLUTION RATIFYING BY AFFIRMATIVE VOTE BY 4/51S OF THE CITY COMMISSION THE EMERGENCY ACTIONS OF THE CITY MANAGER OF ACCEPTING THE BID OF McNEW MARINE CONSTRUCTION, INC. AND EXECUTING A CONTRACT WITH SAID FIRM IN THE PROPOSED AMOUNT OF $1,373,577 FOR THE BASE BID AND FOR ADDITIVE ALTERNATES ONE AND TWO FOR BAYSIDE SPECIALTY CENTER - "MIAMARINA RENOVATION PROJECT" FUNDS IN THE AMOUNT OF $1,373,577 TO COVER THE CONTRACT COST. (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. 214 January 8, 1987 80. PUBLIC HEARING: ENDORSE ANTONIO MACEO FOUNDATION IN ITS FUND-RAISING EFFORTS FOR ANTONIO MACEO PARK. --------------------- -------------------------------------------------------- Mayor Suarez: Item 87. Mr. Odio: That is the Antonio Maceo Foundation and Mr. Baker, no... Mayor Suarez: Mr. Cohen? Mr. Odio: Mr. Cohen. Mayor Suarez: Pat? Mr. Carollo: Happy New Year Pat. How have you been sweetheart? I love you. Mayor Suarez: Let the record reflect that Pat Keller is blowing kisses at Commissioner Carollo. Mr. Plummer: Let the record reflect you thought they were kisses! Mayor Suarez: All right, Pat, we are waiting for you. Mrs. Pat Keller: You know, I feel rather inadequate. I am Pat Keller, president of the Allapattah Community Association. When we are asked to address an issue where there is no supporting papers, where we have been told nothing about the projected plans for the park, but nevertheless, I am going to address the issue and the fact that we don't have supporting papers. Mayor Suarez: Well, you understand the resolution would only endorse and encourage the General Antonio Maceo Foundation to raise the funds and so on, to fix up the park. Mrs. Keller: I do understand that, but I personally would not endorse anything that I didn't have at least some idea of what I was endorsing. What are we endorsing here? Mayor Suarez: Well, I guess the implication is that it is within the general criteria for fixing up our parks and improving our parks in the City of Miami. I mean, I don't.... Mr. Carollo: OK, if I may for a second, if we could make sure that the public understands the guidelines that we usually follow, and I hope that the Chair will enforce them, where each speaker will be entitled to three minutes. Mr. Plummer: Mr. Mayor, I'd like to ask a question, because I think I am under a misconception also, not the same as Pat. Do we have... Mr. Carollo: Don't start throwing kisses at me. Mr. Plummer: No, I won't, for sure. I'll get Mickey Mouse to do it. I don't ever remember approving, allowing a foundation to run this park. Is there any contract with the Maceo Foundation to... Mayor Suarez: To run the park? No, not to run the park. Mr. Plummer: Is there a contract... what? Mayor Suarez: Not to run the park, I don't think. Mr. Plummer: Well, you see, then I am under a misconception. My understanding was that we name the park for this gentlemen, that number two, that the pride of these people who were backing it, would in fact go out and raise monies to make sure that that was a good representation of a park for that outfit. Now, I am beginning to get a drift from some people, telling me that the Foundation thinks that they are going to be running the park, and I don't understand. Do we have a contract allowing these people to run that park? Hello Therel 215 January 8, 1987 • 11 Mrs. Dougherty: No. Mr. Plummer: Good morning! Mrs. Dougherty: No. Mr. Plummer: Buenos Dias. Mr. Odio: I am here... (INAUDIBLE)... We don't want to offend... Mrs. Keller: Please! Mr. Plummer: Well, excuse me, I am not offending Pat. Mrs. Keller: The language of the country... Mr. Plummer: Is there any contract whatsoever with any group to run or have control of the City park? Mr. Odio: No. There is not a contract done, no. Mr. Plummer: All right, then am I to understand that we named the park after Maceo, and that this group is going to raise funds to improve that park, that that is the limit of their involvement? Mr. Odio: There was a motion passed, there is no contract, in answer to your question. Mrs. Kennedy: That is my understanding too. Mr. Odio: Excuse me, Commissioner, but the intention of the motion that was passed was that the Foundation would raise the funds and operate that park. Mr. Plummer: No, not to operate! Mr. Odio: Yes, sir, that was the motion that was passed. Now, we have not a contract, we do not have a contract as of now with them, and that hasn't been done. Mr. Plummer: I didn't understand it that way, and I am sensing that my colleagues didn't either. Mrs. Kennedy: No. Mayor Suarez: I thought all the Adopt A Park programs and all of that were typically for capital improvements and so on, not for operating. Are they seeking to operate the park? Mr. Plummer: Well, sure, because I had a group came to me who said that they had to go negotiate with the Antonio Maceo group to put in a senior citizen in that park. Now, you know... Mayor Suarez: To put a senior citizen in that park? What do you mean? Mr. Plummer: Yes, to put a center, OK? Mayor Suarez: Oh! Mr. Plummer: Now, all I am asking is, what is the understanding, what is legal, and what is binding. That is what I am asking. Mr. Odio: As of right now, we don't have an agreement with them. The intention was that they would raise the funds, they would develop the park and they would operate that park. That was the motion that was passed. Mr. Plummer: I don't ever remember... Mr. Odio: Well, we have been working with the Foundation. City staff has been working in developing the Foundation. Mr. Plummer: That is fine, that is fine, they are adopting the park, like we have other adoptees. 216 January 8, 1987 e Mr. Odio: They are trying to raise funds and all of that. Mayor Suarez: Well, let me get a clarification. How do you operate a park? Mr. Plummer: Well, you control what takes place in that park. Mr. Odio: You develop activities for that park, for instance, and they run it on a day to day basis. Mr. Plummer: That is almost a lease, right? It is a lease, because they will have full control over the park. Mr. Odio: Except that they would have, and I assume that we don't have an agreement, but they would have to have total public access, period. Mr. Plummer: I am sorry, I want you to fully understand that I am behind the concept of naming of the park. I am fully encouraging these people to raise the funds to make this something worthy of the gentlemen that it has been named after, but I never, ever understood it to be that they would be the operating entity. Mrs. Margarita Mirabal: OK, can I say a few words, sir? Mr. Plummer: Sure. Mrs. Mirabal: My name is Margarita Mirabal. Mr. Plummer: Wait a minute, excuse me. Before you do, on the record, Mr. Manager, is there any contract whatsoever, is there any lease agreement, or anything that is binding by this Commission with this Foundation to operate? Mr. Odio: No. Mr. Plummer: OK, thank you. Mrs. Mirabal: OK, just a remark of what you said before. The Foundation was formed... Mayor Suarez: Give us your name, give us your address. Mrs. Mirabal: All right, I said my name. In case somebody didn't hear, it is Mrs. Mirabal, Margarita Mirabal, and my address is 12416 S.W. 18th Terrace, and I am a member of the Foundation and they asked me to, just in case that we have to say a few words, I am not prepared with numbers or anything. We have this Foundation, we decided to do something with the park, that piece of land which it has been abandoned by everybody. It is very dangerous to go in there. It has a building there that is half destroyed. Kids go in there, fun, drugs, whatever and what we are trying to do is this. We are going to raise funds, all right? We are going to have a library. We are going to have... it would be with a historical theme, Antonio Maceo Foundation will be for Cubans, for Americans, for Black, for yellow, for green, because we don't see colors so it will be for all American people and we are American - Cubans, Americans, all nationalities. Everybody can use the park, their facilities. We are in the stage of getting organized, really, so we were asking if we can have something to say. For instance, if we raised $1,000,000, or $2,000,000, or whatever, we would like to sit on a commission, we would like to be able to have something to say, so... Mr. Plummer: Sure, if you enter into a lease. You would enter into a lease with the City, no problem. Mrs. Mirabal: All right, OK, exactly. We... Mr. Plummer: If the City approves it. Mrs. Mirabal: We would like a lease. All right, if the City approves it. Mr. Plummer: But wait a minute. As far as a lease is one thing. The word, "operate" is another. Operate is the control. The control of that public land has to retain in public entity. Now, I don't know how else you can do it, and that is where the confusion is coming. If they want to go raise 217 January 8, 1987 $1,000,000, approach this Commission and say, "Listen, Commission, we have $1,000,000 in the bank and we want to build a library," and this Commission agrees to it, that is fine, but as far as the operation and control, 1 don't think this City can advocate that. Mayor Suarez: And you may not want to have a lease, depending on what it is you plan to do there. Mrs. Mirabal: We have been working very close with Ms. McKay here, and she has been informing us more or less, and we are... Mayor Suarez: I mean, if you build certain improvements, Maggie, and they are to be used for certain purposes for which you need "X" number of days a year, that can be worked out quite easily, but you might not want anything beyond that. I mean, to operate a park... Mr. Plummer: I think you are accepting a hell of a liability, if you want the truth. Mrs. Mirabal: We don't want to operate the park, the whole park. Mayor Suarez: No, well, we all agree on that. Mr. Plummer: That's fine. Look, Maggie, I don't think we are apart, OK? I think it is the semantics of the words that we are apart on. As long as it is understood you are going to raise money and you are going to come back to this Commission and this Commission at that time will decide, yes, or no, as to what you want to do, there is no problem. Mrs. Mirabal: That is correct. We are in the very early stage... Mr. Plummer: Operate was the wrong word. Mrs. Mirabal: That is right, no... Mayor Suarez: Can you give us a general description, at least of the concept of what you plan to put there? Mrs. Mirabal: Well, as I said, I wasn't really... Mayor Suarez: Assuming the funds, you know, are obtained, and so on. Ms. Mirabal: I wasn't really prepared, because I didn't think we would even have to present anything today, but... Mayor Suarez: All right, just general, so I have an idea. Mrs. Mirabal:... it will be, for instance, we would like to have a library with... a historical library, not only with the Antonio Maceo theme, but everybody. We have so many good patriots, whether they are American, or they are Cuban, or whatever, so we would like to have it there. A lot of children, and I say children, like 15 years old today, they are asking their roots. They really want to know about Marti and Maceo and Maximo Gomez, because they know, they know very well, they really know very well about Washington and Lincoln and everybody else in this country because they do it at school every day. (INAUDIBLE BACKGROUND COMMENTS) Mrs. Mirabal: No, no, of course, Washington was here, it is the main thing. Mayor Suarez: OK, we have an idea what you want to put there. Mrs. Mirabal: So, that is my point, that we would like to have a place where we can take our children and say, "Listen, we have all this memorabilia, we have all this from our patriots that we would like you to come and see it and learn much more." What do they learn in school? They learn very little. Mayor Suarez: We know all that. What we don't know is what you were planning to build on the park, and you have given us an idea now. 218 January 8, 1987 Mr. Odio: We have also talked about the day that they opened the park, they had that ceremony about maybe developing a meal center for senior citizens. Mr. Plummer: That can be done at a later date, but is the Foundation interested at this point in raising funds for demolishing the building, for more landscaping? Is that part of your plan? Mrs. Mirabal: Oh, definitely, and anything that we can help... Mrs. Kennedy: How much, roughly, are you trying to raise, Maggie? Mrs. Mirabal: Well, I cannot tell you at this point, but it could be $2,000,000 or $3,000,000. We think we can do that. Mrs. Kennedy: That much? Mrs. Mirabal: Yes. Mayor Suarez: OK. Mrs. Mirabal: So, we want to do something very nice for the area, for everybody, not for one, or for two, or for a group. No, it is for everyone. Mr. Plummer: That's fine. Mayor Suarez: You said that three times. OK, thank you, Maggie. Mrs. Mirabal: No, but I want to make a point. Mr. Odio: What I'd like to do is keep working with them, develop a trust and agency fund like it was , develop an agreement with them, and an advisory board to run the park with - that they will run the park with us, you know, as an... Mrs. Kennedy: Like Bayfront Park. Mr. Plummer: Well, as long as the City retains the operation and control, that is the main point. Mrs. Mirabal: Yes. Mayor Suarez: Yes, I think that is the consensus of the Commission. I haven't heard anything to the contrary '::hat; the City has to retain the control of the operation of the park. Mrs. Mirabal: It is nothing unusual. It is nothing unusual what we are asking, because we have - we know we have it before. We have done this with other sites, so what we will do is something beautiful that everybody is going to be proud of, and we are going to be working very hard and we really welcome everybody to come and enjoy it and be part of. Mrs. Kennedy: How large is that park? Mrs. Mirabal: Excuse me? Mrs. Kennedy: How large? Mr. Plummer: Three -and -one-half. Mrs. Mirabal: It is about three -and -one-half acres, and it has a very nice size, because - the main thing why we want this site, is because we have those palms, and you are very familiar with it and Mr. Carollo is, but some people haven't been around, and those palms came from Cuba in little pots like this, and they really grew there. Mayor Suarez: When, Maggie? Mrs. Mirabal: They came when Machado was president, so it was in 1927, so Mr. Odio is very familiar with all that. So, they came in and they grew there, and we want to preserve it and we want to keep them. They tried to... 219 January 8, 1987 Mr. Plummer: Maggie, now that I sold the Flagler Street Funeral Home and the only funeral home I have left is Bird, and if you want to know a significant historic fact, you can do it now, because I don't own the property, and you might want to do something else. I sold it to the church for their expansion. Machado actually lived in that funeral home on Flagler Street for six months. Mrs. Mirabal: Well, we have here a... Mrs. Kennedy: Anybody who lived in a funeral home... Mr. Plummer: Now that I have sold it, if you want to make it a historic site, go talk to the church! Mayor Suarez: Maggie, I have an idea that this matter is going to be recurring as you come back with plans and projects and funding, and we are going to have a lot of discussion about it, because I have a feeling that we have some opposition here. Let's see if we can get to it. Mr. Plummer: No, sir, not at all. Mrs. Keller: At any rate, I am Pat Keller, president of the Allapattah Community Association. I have one question. This lady doesn't live in the City of Miami, if I understood here correctly. Mayor Suarez: She gave her address, and that... Mrs. Keller: 12416 S.W. 15 Terrace. Is that the City of Miami? Mr. Plummer: Yes. Mrs. Keller: Do you live in the City of Miami, Marielito? Marielito, do you live in the City of... (COMMENTS IN SPANISH) Mr. Odio: Wait a minute, she doesn't - wait a minute. Mrs. Mirabal: I live in... Mayor Suarez: Pat, Pat, Pat, first of all, wait a minute! Wait a minute, first of all, I don't know what it is that you are pronouncing, but whatever it is, it is not coming through quite the way it is. Mrs Kennedy: It's Maggie, that's like American, Maggie. Mrs. Keller: Maggie. Mayor Suarez: Maggie, right, Maggie. Mrs. Keller: Does she live in the City of Miami? She didn't... Mayor Suarez: You can ask me to ask her, and you have asked me to ask her, and I am telling you that the address does not reflect, but I am not going to ask for any more, so go ahead, make your presentation. Mrs. Keller: Well, I want to make a point. If she doesn't live in the City of Miami, I question her ability to tell the City of Miami how to function in their parks. Mayor Suarez: Lot of people make presentations here that don't live in the City of Miami. Go ahead. Mrs. Keller: They don't take over parks. At any rate, we notice in the reading of this resolution number 87... please turn to the reading of the resolution. It reads, "Endorsing and encouraging the General Antonio Maceo Foundation in its fund raising efforts for the development and operation of General Antonio Maceo Park," so. Mr. Plummer... Mayor Suarez: Well, we have clarified that. Now, Commissioner Plummer... Mrs. Keller: Yes, this presupposes that the public and the City Commission will OK this in keeping with your statement, Mr. Plummer. 220 January 8, 1987 Mayor Suarez: Every resolution that is drafted presupposes that until we vote on it. Mrs. Keller: I noticed the other resolutions are neutral in nature and this one is not. Mayor Suarez: No, they all call for specific action. Go ahead. Mrs. Keller: The very wording is not neutral, rather it is slanted to the desires of the Antonio Maceo Foundation. This is the Blue Lagoon Park. This is located on the Blue Lagoon Lake. This is on the Blue Lagoon Street Parkway. This area is rich in Miami's history. This community was founded and formed around Lake Lagoon. The Indians were the first settlers around Lake Lagoon. Mr. Plummer: There you go, Joe. Mrs. Keller: The generations of early Miamians lived around the Lake Lagoon. They lived there and they died there, and I knew many of them. The community of Blue Lagoon was eventually forced to move because of the noise from the airport. This group move brought much heartache and anguish to those who lived there so many years. Now, I find that in March of 186, the Blue Lagoon Park was renamed, with no notice in the major newspaper that I saw, and if I am incorrect, please straighten me out. It was renamed after a foreign hero who had no significance to the United States. The heritage of the Blue Lagoon Community and the people who lived there and loved it, the rich history, and the delightful life that they shared around the Blue Lagoon Lake was erased and replaced with Antonio Maceo. Now it is proposed that General Antonio Maceo Foundation will run the park. We have clarified that, thank you - and develop and operate the General Antonio Maceo Park. In renaming - this is proposed - in renaming the park... Mayor Suarez: The consensus of the Commission, I have already stated, is not as such, but... Mrs. Keller: I understand. In renaming the park, in taking over the building already there, what you are really doing, is taking over our American heritage. It is the equivalent to my taking over the Malecon in Cuba, renaming it George F. Patton, putting up American flags, and then putting up monuments to Washington, Lincoln, Jefferson, John Kennedy, Rosa Parks, Martin Luther King, Nathan Hale, Colleen Kelly too, and perhaps my own brother, who died over the skies of Japan. Already government funds have been allocated to the park. It would imply that the Antonio Maceo Foundation would used these funds... Mayor Suarez: If I may interrupt you, why do you say that? Don't you know that in fact, before Castro, that is what was taking place? I mean, there were a lot of streets and a lot of monuments after American heroes in Cuba. You know that. Mrs. Keller: Yes, I do, but I am sure, I know... Mayor Suarez: We'd like to be able to do that again, in fact. Mrs. Keller: Right. They were - whole parks weren't taken over, whole cultures weren't erased. Mayor Suarez: You mean, you don't think there were any parks that were named after American heroes? I mean North American heroes. Mrs. Keller: There were some streets, as you know, American, Suarez. When I go over to Europe, I am an American. Mayor Suarez: American means all of the continent. Mrs. Keller: When I go to Cuba, I am an American, so I am an American. At any rate... Mayor Suarez: You are arguing my side of it, I guess. Mrs. Keller: I was developing the point that as you know, governmental monies have been allocated to .the Blue Lagoon Park, and presumably, these would go to 221 January 8, 1987 glorify the name of Antonio Maceo and further erode the American culture and the American heritage that Blue Lagoon Park is very rich in. Instead of the usual procedure here of employing an architect to draw up a master plan for the park and getting a request for proposals, I think you call them the R.F.P.'s, what we have here is a resolution for the Antonio Maceo Foundation... Mayor Suarez: But, you understand the difference. We are not asking anybody, you know, we are not asking the citizens of Miami to pay for this. This is a foundation set up to improve the park, in accordance with the City Commission's... Mrs. Keller: What it really... Mayor Suarez:... view of what should be done in that park. Mrs. Keller: Oh, I am not so naive to think that these people are going to glean all these millions of dollars, as I am sure you are not. Oh, what of course usually happens now, first of all, you... Mayor Suarez: I don't know, you know, I may have my own... Mrs. Keller: You are aware of course, that monies have been allocated to the park, and they just might fall to glorify Antonio Maceo. You are aware that private money such as from private foundations can be gleaned for this type of thing, so I don't think any of us are so naive as to think that millions and millions of dollars are going to be donated by private individuals, I am sure you are not. At any rate, the resolution in favor of the Antonio Maceo Foundation will of course, devote the park to Antonio Maceo. What the Antonio Maceo Foundation, and these efforts are doing, is really attempting to stomp upon the American culture and heritage. What they are really doing is eliminating the American names in this park and the history in this park, and they now propose, as you know, a community building devoted to Antonio Maceo... Mayor Suarez: You said that a couple of times. Mrs. Keller: No, I didn't. I am developing the point about the fact that a community... Mayor Suarez: OK, well, wrap up, please. Mrs. Keller:... building, a museum and a library is to be dedicated to a man... Mayor Suarez: Well, we haven't really decided that. That is conceptual at this point. Mrs. Keller: But, it is conceived. Mayor Suarez: Well, you will have plenty of opportunity to oppose that, if you... Mrs. Keller: What this really is, is more discrimination, more putting down of Americans and all they hold dear. Already we have an Antonio Maceo Park on S.W. 8th Street. We have monuments to him. We have monuments on S.W. 13th Street that have been set aside for just this purpose. It reminds me of the story of the camel... Mayor Suarez: You know that park over there doesn't have any grass. I mean, you know, it is basically just a tiny - it is an island, really, on the street. It is a parkway. Mrs. Keller: Well, it is a park dedicated to Antonio Maceo. It reminds me of... Mayor Suarez: It is hardly a park, it is... Mrs. Keller:... the story of the camel - the camel who wanted his foot in the tent, his master's tent... 222 January 8, 1987 Mayor Suarez: It is a short story, because I am going to ask you to wrap up, Pat. Mrs. Keller: ... and soon he wanted his other foot in the tent, and before he knew it, the camel was in the tent, and his master was outside the tent. Well, this is like the Americans, we have been pushed out, and we are outside the tent. We are told that these funds, as you know, will be privately raised. I don't buy it, I developed that earlier. I am sure there will be some token funds. At any rate, why are there no supporting papers on this? Mayor Suarez: This is a... Mrs. Keller: I feel like... may 1 ask... Mayor Suarez: We are at a preliminary stage. We don't... Mrs. Keller: May I ask that you send me, see to it that supporting papers are sent to me on this? Mayor Suarez: I guarantee you there will be a lot of supporting papers by the time they get a chance to build anything on that park. Mrs. Keller: I want it to be recorded I want the supporting papers on items 64 and item 87, and to wrap up - I am sure you are heartbroken, what this really is, is a means to glean monies from these foundations that are tax shelters. What we really have here is the Cubanizing, the taking over, the attempt to take over our public parks while we pay for it. Incidentally, I would like to hear from the Parks Department. I understand they are opposed to it, and I would like to hear from them. May I ask your permission to have the Parks Department... Mayor Suarez: Before all the presentations are over, we will ask the Parks Department. Mrs. Keller: Yes, to make a presentation. Mayor Suarez: That completes your presentation, Pat. Thank you. Mrs. Keller: Yes, thank you very much. Mrs. Kennedy: I want to say something. Mayor Suarez: Commissioner Kennedy. Mrs. Kennedy: It is very funny to hear somebody making the Blue Lagoon now a historic site, because Blue Lagoon, as I remember correctly, was nothing but a quarry for the cement known as Maule Industries. Mrs. Keller: Why my goodness, you saying... Mayor Suarez: No, no, wait now. It is her turn, Pat. Please have a seat. Mrs. Keller: Oh, may I reply when she finishes? Mayor Suarez: No, Ma'am, there is nothing... Mrs. Keller: When she finishes, may I...? Mayor Suarez: Are you finished, Commissioner? Mrs. Kennedy: I am finished. It is just that it has never had any historic value. It was never... now the Indians were the settlers, and you know, it was nothing but a use car sale, used as a quarry for the Maule... Mrs. Keller: I am afraid, Mrs. Kennedy, you lack knowledge and this is why... Mayor Suarez: OK, you have given us the history and she is giving us her version of it. Mrs. Keller: ... I want to give you the history of it, and hopefully you are going to examine it further. Thank you. 223 January 8, 1987 r L9 Mayor Suarez: Well, you have done that. Mr. Dawkins: You know... Mr. Odio: Pat I worked in that lake. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Wait, wait, Mr. City Manager. proceed. Mr. Dawkins: Mr. Mayor, I... Commissioner Dawkins, please Mrs. Keller: Did you direct a question to me, Mr. Odio? Mayor Suarez: Pat, you are out of order. Please have a seat. Mr. Dawkins: I am... Mrs. Keller: (INAUDIBLE)... answer the question. Mayor Suarez: And he is out of order, too. Mr. Dawkins: I am one of the ones who was at the very beginning of this idea, and I for one, am proud to be a part of it. Now, we have the Theodore R. Gibson Park, and nobody is up in arms. We have a Martin Luther King Park, and nobody is up in arms. We have a Range Park, nobody is up in arms. We have got a Jose Marti Park and nobody is up in arms. Mrs. Kennedy: Wainwright, Kennedy. Mr. Dawkins: And Wainwright, Kennedy, and nobody is up in arms! Now, all of a sudden, everybody has gotten religion and they don't want to honor another gentlemen by naming a park for him. (INAUDIBLE BACKGROUND COMMENTS) Mr. Dawkins: Naming a park and creating a park and having some place for people to go, enhances the life-style of all Miamians, and Pat, we need for someone to decide if they are going to go into Gibson Park and build a library, so that little Black boys and girls, five and six years old, will be able to Gibson Park and know who Theodore Gibson is. We also need a library of such at Range Park so that little Black boys, White little boys, Cuban girls and boys can go to Range Park some day and know who Range is. So, on the strength of that, we also need a library, in my opinion, at Maceo Park so that, as was said over here, the little Cuban boys and girls will know who Antonio Maceo is by going studying about him, so it is not that we are trying to take anything away from anyone. All we are attempting to do is enhance the life-style of all of us so that we can live harmoniously together, that's all. Mayor Suarez: Are we going to have a lot of presentations on the pro side? Mr. Carollo: If I may, Mr. Mayor, Pat took about eight minutes or more... Mayor Suarez: Perhaps she... Mr. Carollo: We are going to limit people to three minutes like we have always done, and I suggest that we make sure that we abide by that. Mayor Suarez: The Chair will determine how we limit people, but I will try to keep it to a reasonable amount of time to both sides, reasonable similar. How many speakers are you going to have now in favor here? Mr. Dawkins: This gentlemen over here, is he for, or against? Mr. Mayor, I am representing one here, I am representing a number of groups. May I speak? Mayor Suarez: That is good, we like that. Wait, I am trying to figure out how many we are going to have all together so we can be fair about this. Mr. Dawkins: You in opposition? You in favor? 224 January 8, 1987 V 0 Mr. Sanford Cohen: I want to speak, yes. Mayor Suarez: OK, how many people want to speak against, other than Pat, who already spoke? (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: OK. No, no, against now, against. How many against? Do you want to raise your hands? Mr. Cohen, you are going to want to...? Mr. Cohen: I reserve the right to speak, according to... (INAUDIBLE)... Mayor Suarez: In other words, you don't know. OK, and you only have a couple to speak in favor, I presume, right? OK. ... I don't really care how we do this. We just heard from someone - I don't even know who we just heard from, someone against. Why don't you go, ? Mr. Roberto Pelleya: Mayor and Commissioners, my name is Roberto Pelleya, or Roberto Pelleya [DIFFERENT PRONUNCIATION],... Mayor Suarez: Don't confuse you with your cousin. Mr. Pelleya: ... as some might prefer to hear it; 720 Coral Way. I'm here representing a number of groups: The Cuban Journalists Association; the Municipalities of Cuba - we have its president, Rolando Fernandez Padron, and Miguel Tudela, sitting over there; Santiago Blanco, the president of the fair, Municipalities Fair; we have its treasurer, Arturo Gonzalez, or Arthur Gonzalez. Echoing the Mayor's statement a minute ago, I'd like to say that General Lee Avenue, General Lincoln Avenue, General Washington Avenue, Gen... I'm sorry. Well, yeah, they were all generals. President Jefferson Avenue, President Roosevelt Avenue - they were all in Havana. Mr. Plummer: Sir, would you speak to the agenda item? Mr. Pelleya: Yes, I... Mr. Plummer: The agenda item is to encourage the foundation to raise money to improve the parks. Mr. Pelleya: If we stick with the name, it is going to help raise money, in many, many different ways. Mr. Plummer: There's no proposal before this Commission to reverse its decision of naming the park. The park is named. Mr. Pelleya: Well, I realize that, but I think that the offended... you know, the offended dignity of many people here needs addressing in the official record, and I would just like to address that point, with your permission. You know,... Mayor Suarez: Yeah, well, it has been raised today, and just keep it short, because that's not really the relevant issue. But go ahead and answer. Mr. Pelleya: OK, in answer to something that was made, whether Malecon Avenue, whatever it be named, with the name of an American, I would like to remind everybody here about the Maine monument. It was a monument named, commemorating the heroic deaths of many Americans, who died defending liberty in Cuba, and I want to say that when Fidel Ca: tro took over, the f irst thing he did was to take the American eagle, that was atop the Maine monument, throw it on the ground, and have his milicianos spit on it and trample on it. We are here because we oppose Fidel Castro, the greatest enemy that the U.S. has ever had in this hemisphere, and we are coming here - you say that General Maceo has no meaning; well, he's got meaning in the blood of half a million people that live in this area. I also want to say that he's Black. In this torn community, that should be kept in mind. Nobody protested with Carlos Arboleya Park, with Jose Marti Park - all White Cubans. Why is, all of a sudden, all this protest with General Maceo? Why? We just need to ask that point. Let me just wrap up real quickly. This park is very, very important in the hearts of a great number of people that live in this town, particularly because of the majestic forest of Royal Palms, which is very dear to us - it's a cultural symbol, not of Cubans, let's talk about Cuban -Americans. Sometimes 225 January 8, 1987 you forget that we are, after all, Cuban -Americans. I don't know why, but you do. That park is very important. We support raising a lot of money for that park, improving it, not for the Cubans, not for any group, but for all residents of the area. We support turning it into a living park, not just a sterile park, where you go - I see it flash, and I'll finish in a minute - where you can go and sit, but a center for the entire community, perhaps a community center which can benefit everyone in the community. There is one other speaker who will speak after the other side, I think, and... Mayor Suarez: Sure. Thank you, Roberto. Mr. Pelleya: OK. Mr. Esteban M. Beruvides: All right? Mayor Suarez: Give us your name and address. Mr. Beruvides: Oh, sure. My name is Esteban M. Beruvides. Mayor Suarez: Wait, wait, Esteban. Go ahead, sir, proceed. You might want to put the mike up a little higher. You're not speaking into it. Mr. Enos Schera: My name is Enos Schera. I'm secretary for Citizens of Dade United, and the address is, I live at 35 Northeast 80th Terrace, and a taxpayer of the City of Miami. Mr. Plummer: Is that Emmy Schaffer's group? Mr. Carollo: You got it. Mr. Schera: She's right back here. I wish to speak on the renaming of Blue Lagoon Park. Blue Lagoon Park already has a name that people are familiar with. Mr. Plummer: Sir, that's not before us. We're not... the park has already been named. Mr. Schera: I know, but this... Mr. Plummer: We're not renaming. Mr. Schera: But sir, this is a... Mayor Suarez: Yeah, we're not going to have Commission meetings on that issue, you know,... Mr. Plummer: That was done at a previous meeting. Mayor Suarez: ... ad infinitum. We've discussed that. If you want to make a quick statement on that issue, we... I guarantee you that beyond this meeting, we're not going to argue any more about the naming of this park. Go ahead, and just... Mr. Schera: This is a public hearing, and this has to do with a legitimate... Mayor Suarez: Public hearing on an issue, and... Mr. Schera: That's right. That's right. Mayor Suarez: ... you're not speaking to that issue. But go ahead. Mr. Schera: Hey, how... If it did not have a name, that would be different, but once something has a name, it should remain. People know Blue Lagoon as Blue Lagoon. Let us... Mr. Odio: Please, sir, I have to correct the record. Mr. Schera: Yes. Mr. Odio: That was not a park. That was a private property,... Mr. Schera: Yes. 226 January 8, 1987 Mr. Odio: ... that the City of Miami purchased, with a grant. Mr. Schera: Well, it's now City property. Mr. Odio: It was not the Blue Lagoon Park. Mr. Schera: It's now... well, it's now... Mr. Odio: You have to correct that. It was not called Blue Lagoon Park. That was a private club, owned by Pan American Airways. Mr. Schera: Well, it's now City property. Anyhow, let us not confuse them by giving it another name. The old and the young alike know this park by the name of Blue Lagoon. Mr. Plummer: We have already named the park. Mr. Schera:...by changing the name of this park now, would be the same are renaming Commissioner Plummer to Commissioner J. L. Gomez. It would be equally confusing. Anyhow, I'd like to say, also, that's it's not appropriate, and it's against the law, for any private person... Mr. Plummer: Sir, if you rename me, you would have to not do it as "J. L. Gomez." Mr. Schera: Well,... Mr. Plummer: You would have to do, sir, as "Jota Elle Gomez." (LAUGHTER) Mayor Suarez: No, no, no, no, no, no - "Jota Elle Plomero." Mr. Plummer: No, chico, "Gomez." (LAUGHTER) Mr. Schera: In continuance, it's not appropriate, and it is against the law, for any private person or group to run any of the City of Miami Parks. And I do thank you. Mayor Suarez: Thank you for your statement. Mr. Plummer: Sir, even though I disagree with you, let me congratulate you for making a reasonable and a temperate statement. Mr. Schera: Well,... Mr. Plummer: OK? I disagree with you,... Mayor Suarez: And a short statement. Mr. Plummer: ... OK? But you were brief, and to the point. Mayor Suarez: Thank you. Mr. Beruvides: My name is Esteban M. Beruvides. I live at 437 Southwest [20th Road,] Miami, in the City of Miami. I am American, veteran, colonel, retired from the United States Army. I am here to support the General Maceo Foundation, but I ask permission to address two points that Mrs. Pat say. What Antonio Maceo did for America? I will tell you, if you read the Treaty Monroe, you will see that the main thing is to avoid extraterritorial powers outside of America, and this was one of the things Antonio Maceo did. That is one point. Mayor Suarez: Well, I think it's pretty clear... Mr. Beruvides: Very clear. Mayor Suarez: ... that the liberty of a country 90 miles from Key West is quite related to the liberty of the United States, I mean. 227 January 8, 1987 Mr. Beruvides: OK. The second point, concerning Latinization. I believe when you attack, the word "Latinization" is completely erroneous. What the Cubans are doing here - or who were born in Cuba; they are American - what they're trying to do is to integrate into the community. And you, you try to avoid that integration. In that case, I recommend to you that you travel to Latin America, and see, to every country, how many American patriots are there, in parks, in streets, and boulevards, and in that case I would call it that South America is Americanizing. And that is not the case. They are due for respect, to the Americans living cheap in democracy. And I support, and I am here... I've got here the... I am commander of the Post Jose Marti, Veterans of Foreign Wars, Post 10212. I have here the vice -commander, and these veterans here behind me, they are either handicapped, fighting for this country, and we support the Foundation, in order to keep Antonio Maceo Park in good condition, with high standards, and in courtesy to his descendants, who want to keep it. That's it. Mayor Suarez: Thank you, sir. Mr. Beruvides: Thank you, everybody. Mayor Suarez: Anyone else? Mariano, we knew... do you have today off again? Mr. Mariano Cruz: Yeah, I got my day off. Mr. Plummer: No, no, no, no, no - Jesus. Mr. Cruz: It's a public hearing, you said it: public hearing. So I'm here at the public hearing. Mayor Suarez: Yeah, but you're supposed to be out there delivering mail. Mr. Cruz: Well, don't worry about it - I am a taxpayer today. OK. My name is Mariano Cruz. I live at... Mayor Suarez: Bend up the mike a little bit. Mr. Cruz: ... 1227 Northwest 26th Street, the City of Miami, City of Miami taxpayer, right. And I'm going first to address the issue - I am endorsing... I am for you to vote on endorsing this resolution, giving me... authorizing the... Mr. Plummer: Thank you. Mr. Cruz: ... Antonio Maceo Foundation. That's... Mr. Plummer: Thank you. Mr. Cruz: No, wait. Now, I mean that's good one thing, because at least people will be able to earmark their money being used for a park they specifically want, because sometimes you pay your taxes, and you don't know where that money is going. It can be used for a park that the Pat Keller goes, and she will benefit from that too, all right? Now, answering some of these people, that they say about the different... you know, that this country, that the different customs, I think that this means Irish too, a melting pot, they should, by the same token, should eliminate Saint Patrick's Day Parade. Right, that's from Ireland. That's just one. And the only mistake, really, that the Cubans are doing here, is that they're naming the parks and all these buildings after dead people, when the American way is to name everything after people that are living; that way, they benefit, you know, they are honored while they are alive. You know, your names here - well, you've got Elizabeth Virrick, Dante Fascell Park, Steve Clark, Kennedy - all these - William Lehman Maintenance Site, Annette Eisenberg Building, Don Hickman Building - I mean, the people here, they are honored while they are alive. They don't wait for them to die, and then they honor them and have got all these problems. But, if Antonio Maceo, if people - like this government of the people, by the people, and for the people. If the people of the City of Miami want the name Antonio Maceo - that's it, the name Antonio Maceo. And I remember distinctly, when we, in Allapattah, wanted to name the neighborhood facility there as "Antonio Maceo Facility," Pat Keller was opposed there, and she took it to the County Commission, and the County Commission turned it down, after being approved by the community, to name "Antonio Maceo" the 228 January 8, 1987 ------------ neighborhood facility. So, now is my chance to say, keep the name Antonio Maceo on the facility. Mayor Suarez: OK, now you went to the... Mr. Plummer: That's not the question. Mayor Suarez: ... the irrelevant issue again, Mariano, on your day off. UNIDENTIFIED SPEAKER: Mayor,... Mayor Suarez: I'm going to talk to the Postmaster General about this. UNIDENTIFIED SPEAKER: (COMMENT IN SPANISH) Mayor Suarez: Mr. City Manager, would you like to do your best with translating? Mr. Odio: He's asking that you allow Dr. Marina to address the audience here, to explain who Antonio Maceo was, if you would allow him to do so. Mr. Carollo: Before he does that, I'd like to make a motion to approve this resolution. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. Mr. Sanford Cohen: Excuse me, I haven't spoken. I wish to speak before such a... Mr. Carollo: That's fine. Well, I'd still like to make a motion to approve this resolution. Mayor Suarez: We have a motion and a second. Mr. Cohen: I'm sorry? Mayor Suarez: You want to address that motion? Go ahead. Mr. Cohen: I want to address the issue. Mr. Odio: I think Dr. Marina... Mr. Cohen: You did ask me if I wanted to speak. I do want... Mayor Suarez: I'm sorry? Mr. Cohen: You did ask me if I want to speak. I do want to speak. Mayor Suarez: I didn't hear from you whether you did or not. Mr. Cohen: I was waiting... you said, before this... Mayor Suarez: Don't worry about it, go ahead, you're speaking, Mr. Cohen. Mr. Cohen: I was waiting for the Parks representative to speak. Mayor Suarez: We're going to get that, too. Mr. Cohen: Well, before we... before the... Mr. Odio: Well, I can speak for the Parks Department. They do not oppose this, if that's what he wanted to hear. Mayor Suarez: Yeah, they don't take a stand one way or the other. Mr. Cohen: I'd like Mister K. to explain the matter of turning over funds for the development of the park to the City of Miami. 229 January 8, 1987 Mr. Plummer: Speak to it. Mayor Suarez: I don't understand. Mr. Odio: Who? What? Mr. Plummer: Go ahead and speak to it. Mayor Suarez: Go ahead, if you know what the question means. I don't. Mr. Cohen: That's OK. Mr. Odio: What is... what is... excuse me. Mr. Cohen: That's all right. No, that's OK. Mr. Odio: The Parks Department... Mr. Cohen: No, it's OK, it's OK. Mr. Odio: ... is not against this. Mr. Cohen: OK, I understand you. Mr. Odio: The Manager of the City of Miami recommends this. Mayor Suarez: OK. Mr. Cohen: Right. All right, well... Mrs. Kennedy: So? Mr. Cohen: ... I sent a letter - I sent - to the City Attorney. I stated that there may be a conflict of interest with the Vice -Mayor, Miller Dawkins at the time. I'd like to enter into the record the fact of such a claim. This is the General Maceo Foundation, a nonprofit corporation, board of directors. I'd like to enter this into the record. Mayor Suarez: Thank you. Mr. Cohen: Also, I'd like to make note of many members who do not reside in the City of Miami. Mayor Suarez: That's true of almost any entity that does any business with the City. Mr. Carollo: Can I see that? Mr. Cohen: Maybe so. Also, I'm very glad that there are so many representatives from the various areas of the City and elsewhere, because the Dade County code, section 2-11.18, subsection (a) states that: "English is hereby declared to be the official language of Dade County." I think that is not being recognized at this forum. I'm also submitting this for recording. Mayor Suarez: I guess you don't think it's recognized in any court of law in Dade County, where people speak in Spanish. Mr. Cohen: This is not a court of law, I believe. Mr. Odio: Mr. Mayor, Mr. Mayor. Mrs. Kennedy: Excuse me, it's... Mayor Suarez: All right, that's not what I was saying. Mr. Cohen: Let me finish. I'll try to make this brief. I... really. Really. Mrs. Kennedy: OK. Mayor Suarez: OK. 230 January 8, 1987 Mr. Cohen: Resolution 86-1002 was passed last... whenever it was, the lath of December. Mayor Suarez: By the way, we're not bound by that resolution. We have a... Mr. Cohen: Concomitant with the scheduling of a public hearing. I believe this is, in my opinion, backwards and against the interest of the public. I'm also submitting this for the record. I'm also asking that this resolution be revoked. Next, I'm also submitting a copy of the marked -up agenda of the City Commission, to demonstrate the schizophrenia, for lack of a better word, of dividing the public interest, and going around the face of what the public is deserving of. I'd also like to submit the notice of public hearing that was published in the Miami News on Monday, December 29th, 1986, which notice mentions this address, mentions the date; however, it does not mention the time. I'm also submitting a copy of the City Commission agenda, page 2, meeting date January 8, 1987, which states, "Item 87 has been advertised to be heard at 5:30 P.M." I would like... I don't see, in the advertisement, where it's advertised at 5:30 P.M. You want to show me? I'd like an answer. I also stated that this meeting, that this public hearing, is defective, and I have requested, in writing, that it... that a new hearing date be set accordingly. Thank you very much. Mr. Dawkins: Mr. Clark,... Mrs. Kennedy: Excuse me - Commissioner Dawkins. Mr. Dawkins: ... Mr. Clark, Mr. Clark. Mayor Suarez: Thank you, Mr. Cohen. Mr. Dawkins: Mr. Clark. What constitutes a conflict of interest? Mrs. Kennedy: That's right. Mr. Robert Clark: Let me have Mrs. Dougherty answer that question. Mr. Dawkins: Sir, I... beg pardon? Mr. Clark: We discussed this... Mrs. Kennedy: Do you receive compen... Mr. Dawkins: OK, let Dougherty... Lucia, Lucia, anybody. Lucia can answer it, um-hmm. Mrs. Kennedy: OK. Did you receive compensation? Mr. Clark: Wait, he's asking the question. Mr. Dawkins: That's what I'm... we're going to go over that, don't worry. Ms. Pat Keller: I have a point of order, Mr. Mayor. Mr. Dawkins: Go ahead, Mrs.... Ms. Keller: May I address a point of order? Mr. Dawkins: What constitutes a conflict of interest, Madame City Attorney - interest? Mrs. Dougherty: Commissioner Dawkins, with respect to your serving on the board of a nonprofit agency, the State law specifically holds that, that kind of service does not constitute a conflict of interest, even if you're requesting funds from another agency that you're sitting on the board of directors of, even if you're accepting funds on behalf of that from the agency, so long as you are not being compensated, and it is a nonprofit corporation. Mr. Dawkins: Thank you, Madame City Attorney. Mr. Plummer: I call the question. Mayor Suarez: Wait, uh... 231 January 8, 1987 i Mr. Plummer: I call the question! Mr. Dawkins: Call the question! Mayor Suarez: Wait, Commissioners. Mr. Dawkins: He called the question, Mr. Mayor, seven to... Mr. Plummer: Excuse me. Mr. Dawkins: All right, you're going to lose your quorum. Ms. Keller: I have a point of order, Mr. Mayor, if I may. Mr. Dawkins: You're going to lose your quorum; you're going to lose what you've got. Mr. Plummer: I have the right to call the question. Mayor Suarez: I understand. Commissioner, let me clarify... Mr. Carollo: That's correct, and I second that, and we can take a vote on it, if the Mayor would like. Mayor Suarez: OK, we have a motion, we have a motion to close debate. I want you... Ms. Keller: Mr. Mayor, may I have a point of order? Mayor Suarez: Wait a minute, Pat, Pat... Ms. Keller: Point of order, if I may. Mayor Suarez: No, no, you're not entitled to any points of order here. Ms. Keller: This is a point of order. Mayor Suarez: Would you sit down, you're out of order. Ms. Keller: Did you want to have me removed by the police? You wouldn't be above it. Mayor Suarez: I may get... that may be the next step, ma'am. Ms. Keller: I can take a hint. Mayor Suarez: Yes, I'm glad you can. Ms. Keller: At any rate... Mr. Dawkins: Go ahead. Mayor Suarez: OK, we have a motion to close debate, and I want to clarify, if my Commissioners would allow me to, that we have Mr. Marinas, who is waiting to make a statement. Does that mean that you don't want to hear his statement? Mr. Plummer: Mr. Mayor, if he would speak to the issue of the agenda item, I have no problem, but I say that we've had enough discussion, and call the question. Let's vote. Mayor Suarez: I couldn't agree with you more,... Mr. Carollo: I second that. Mayor Suarez: ... and I'm going to vote in favor of - in fact, I'll just go ahead and close, if that's the consensus of the Commission, but I have to clarify that first. Now. We don't need a vote. Debate is closed; we'll take a vote on the item. Call the roll. 232 January 8, 1987 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-64 A RESOLUTION ENDORSING AND ENCOURAGING THE GENERAL ANTONIO MACEO FOUNDATION, INC., IN ITS FUND-RAISING EFFORTS FOR THE DEVELOPMENT OF GENERAL ANTONIO MACEO PARK, A CITY PROPERTY LOCATED AT 5115 N.W. 7 STREET; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID FOUNDATION, DETAILING ITS SERVICES IN AN ADVISORY CAPACITY AND ESTABLISHING THE TERMS AND CONDITIONS FOR THE EXPENDITURE OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You know, I'll say one other thing. It's just a suggestion. It doesn't do you any good to come down here and argue these. You've got five Commissioners on your side, and you're giving a hearing to the other side. Otherwise, all of their comments go into the record, probably never to be read by anyone. So, that's just a suggestion - I mean, it allows us to get on with a lot of other matters that the City of Miami has to do, and we'll have the symbolism out there, because there will be an Antonio Maceo Park, and there will be a library. I, myself, am committed to helping you raise those funds. Ms. Keller: I'd like to have an item for the records, if I may, Mayor - an item for the records? Number one, Mr. Odio stated that he was not opposed to the park, and the setup in the park. Mr. Plummer: Submit them in writing. Mayor Suarez: Madame, you're out of order at this point. Ms. Keller: No, this is an item for the records. Mr. Dawkins: Call the next item, Mr. Mayor. Mayor Suarez: You're out of order, Pat. Mr. Plummer: Submit them in writing. Ms. Keller: I want to hear from the Parks Department, in person. Mayor Suarez: No, you can submit anything you want in writing for the record, but not today. Ms. Keller: And Mr. Miller Dawkins, I'm ashamed of you. You never told us this, did you? Mayor Suarez: OK, call the roll. Call the roll! (LAUGHTER) Mr. Plummer: We already have. Hell, Pat, I've been ashamed of him for years. Mayor Suarez: We called the roll. Next item. Sorry, madame. Mr. Plummer: Quit while you're a winner. 233 January 8, 1987 -------------------------------------------------- --------------------------- 81. CONFIRM ORDERING RESOLUTION AND AUTHORIZE TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF MORNINGSIDE HIGHWAY IMPROVEMENT H-4523. Mayor Suarez: Item 88, and then we're going to try to get... (APPLAUSE) Mr. Plummer: Eighty-eight is a public hearing. Is there anyone wishing to speak on Item 88? UNIDENTIFIED SPEAKER: Yes. Yes. Mr. Plummer: Oh, there are? OK. Mr. Odio: Excuse me, excuse me. Sir, Item 35, we need to pass that,... Mrs. Kennedy: And Shangri-La report. Mr. Odio: ... so we can buy the parts of the cars that we've ordered. Mr. Plummer: What is 357 (HUBBUB IN AUDIENCE) Mayor Suarez: Please, please, so we can get on to the next item. Mr. Odio: The appropriation of the funds to buy the cars. The million... (CONTINUING HUBBUB IN AUDIENCE) Mayor Suarez: This is what's called a "de facto" two -minute recess at City Hall. Mr. Plummer: No, no, let's go home. Mrs. Kennedy: Shangri-La report, we need to take up. Mayor Suarez: I think this is what's called a "de facto" two -minute recess. OK, please, please, outside... please, clear the chambers. Mr. Cather, Item 88. Mr. Don Cather: Yes, sir, this is a... requesting... Mayor Suarez: Please, please, everyone - outside the chambers. Mr. Cather: This is requesting a confirmation of the ordering resolution for the Morningside area. We have had several... we have had a petition requesting that this go forward, and we have representatives from the community who signed the petition requesting this street work being done. Mayor Suarez: OK, let me clarify that. Those of you who wanted to be heard on this item, or are going to speak in favor of the improvements? Everybody? There's no one against the improvements? I'll entertain a motion on Item 88. Mrs. Kennedy: So moved. Mayor Suarez: Moved. Second, somebody? Second? I'll entertain a second. UNIDENTIFIED SPEAKER: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any further discussion? Call the roll. 234 January 8, 1987 r The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-65 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86-981 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF MORNINGSIDE HIGHWAY IMPROVEMENT H-4523 IN MORNINGSIDE HIGHWAY IMPROVEMENT DISTRICT H-4523. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You want to... Stanley, you wanted to... Mrs. Kennedy: How about the Shangri-La report, quickly? 82. AUTHORIZE TEMPORARY LOAN OF $1,500,000 TO THE MIAMARINA ENTERPRISE FUND. Mr. Plummer: Mr. Mayor, I understand I've got to read this resolution. "A resolution authorizing a temporary loan from the General Fund, Special Programs and Account, in an amount not to exceed $1,500,000, to the Marina Enterprise Fund, to be reimbursed for the proceeds of the sale of the 1987 Marina Revenue Bonds." I so move. (INAUDIBLE SECOND) Mayor Suarez: Moved, seconded. Any discussion? Call the roll on the resolution. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-66 A RESOLUTION AUTHORIZING A TEMPORARY LOAN FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, IN AN AMOUNT NOT TO EXCEED $1,500,000 TO THE MIAMARINA ENTERPRISE FUND TO BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF 1987 MARINA REVENUE BONDS. (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- 235 January 8, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 83. APPROVE ASSIGNMENT OF CABLE TELEVISION LICENSE TO MIAMI TELECOMMUNICATIONS INC. (ALSO SEE LABEL 061) ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Plummer, your item had been, get the assignment of the cable contract, and I understand that... Mr. Plummer: Not mine... Mayor Suarez: You had wanted it to be considered today, and I know that you had asked for two weeks, now you changed your mind and you want us to... Mr. Stanley B. Price: Well, we've reached a total agreement with staff. We've reviewed the points mentioned by the City Manager, and we've come to an agreement which I believe is acceptable to the City Manager, and the City Attorney suggested that we get approval, subject to reducing formal documents to writing. Mayor Suarez: I will entertain a motion to that effect. Mr. Plummer: Well, wait, wait, wait,... Mayor Suarez: No? I guess not. Mr. Plummer: ... I want to hear from the Manager. Mr. Carollo: Not so fast. Mr. Odio: I'd like to do this, Mr. Mayor, if I could. I recommend that you approve that this be sent back to me, that we draw up an agreement that is acceptable to the City Attorney. Once the City Attorney tells me... Mayor Suarez: And we give the final approval at a later time. Mr. Odio: No, that you allow me to then assign... Mayor Suarez: We delegate that to you. Mr. Odio: ... the contract, at that point, once the City Attorney has told me that the agreements are acceptable, and that what we have obtained in negotiations is there, and that they have to commit to that. Mayor Suarez: Commissioner Carollo? Mr. Carollo: Madame City Attorney. Has everything that you reviewed up to this point, and the recommendations made by the administration, including those, is everything, as far as your best legal judgment, in order and legal? Mrs. Dougherty: Yes, sir, it's legal. Mr. Carollo: OK. Mrs. Dougherty: I would ask that the City Manager now put on the record those business agreements that we've made tonight. Mr. Odio: Let me put on the record... Mr. Carollo: Could... 236 January 8, 1987 Mr. Odio: ... first, that they came to us, not only to ask for an assignment, but that before this contract was to be assigned, that we amend the ordinance so that the cable line that was called the "B" channel would not have to be installed. Mr. Carollo: There's two things we're asking for. One is the change in the ordinance, and one is an assignment. Mr. Odio: Exactly. We told them at the time that we needed some items resolved before we could assign, and that we could recommend that the "B" channel be not installed. Mr. Carollo: OK, Madame City Attorney. Can we take both of those items up in one vote, or do we have to vote upon them separately? Mrs. Dougherty: Well, you can vote upon them together, because... Mr. Carollo: OK, but... Mrs. Dougherty: ... it would take a consensus of both to achieve... Mr. Carollo: All right. Mrs. Dougherty: ... the results of approving the assignment. Mr. Price: The agreement speaks for itself, Charlie. Mr. Odio: What I'd like to put on the record is this, on the "B" channel question, that it reads this way: "Amendment to the dual cable system - The need and economic viability of an activated second, or "B" cable will be reexamined annually, with the license required to keep the "B" cable in sound mechanical condition, to enable its reactivation or expansion of its channel capacity, if determined necessary,... Mayor Suarez: That's binding... Mr. Odio: ... with a minimum of effort and expense." Mayor Suarez: And that's going to be binding on the assignee? Mr. Odio: Yes. Mayor Suarez: That it's a yearly review. Mr. Odio: Yes. Mr. Dawkins: Are you going to have a bond to ensure that it gets done? Mr. Odio: Well, we... Mr. Dawkins: What good is it to have them... say we're going to do it, and then how the hell are you going to force them to do it? Mr. Odio: They will be, then at that moment, will not be in... Mayor Suarez: Yeah, we could take away the franchise. Mr. Odio: ... it's subject to the total agreement. Mayor Suarez: We could take away the franchise. OK. Mr. Plummer: Well, if they... if... Mr. Odio: We could put that up, a security bond, to cover that. Mr. Plummer: But if... wait a minute, if the assignee agrees to that, and accepts that responsibility, and he doesn't do it, that is a breach of contract, which would allow this City to throw his franchise out. Mayor Suarez: Absolutely. Mr. Dawkins: OK, then that's all. 237 January 8, 1987 Mr. Price: That is correct, plus you have a penalty provision. Mr. Plummer: I think that's pretty damn good leverage. Mr. Odio: That is correct. Mr. Price: And you have a penalty provision in the ordinance. Mr. Odio: It will apply. Mr. Plummer: We'll take the franchise. Mr. Odio: Well, the, Commissioner... Mayor Suarez: We'll take the franchise. Mr. Odio: OK. Mr. Plummer: Now, the question, I think, that Commissioner Dawkins asked, is a very good question. Whose responsibility is it to inspect or review annually, that that is, in fact, accomplished? Mr. Odio: We will do that, with the Cable Division. Mr. Plummer: We will do that? Mr. Odio: Yes, sir. Mr. Plummer: OK, so that we know whose responsibility it is,... Mr. Odio: It is our responsibility... Mr. Plummer: OK. Mr. Odio: ... to assure that that's been done that way. Mr. Plummer: OK. Mr. Odio: I'd like to put that on the record, the following, and - correct me if I'm wrong: that you will freeze the existing rates for basic service, for a period of at least one year; and it has been clarified, now, and I'm going by memory, that the basic service cost is $15.95. Mr. Price: No, that is correct, with the possibility, Mr. Manager and members of the Commission, that we will probably lower that rate. Mr. Odio: OK, but you are freezing... Mr. Price: We will not raise the rate, and the probability is that we will lower the rate for basic service, yes, sir. Mr. Odio: OK, $15.95. Mr. Price: Yes, sir. Mr. Odio: "Any additional pay channel which will be subscribed to by the customer will be at the rate of $2 per month, over and above the first pay channel, rather than the existing rate of $11.95." Mr. Price: That is correct, and that is agreed for a period of one year. Mr. Odio: I have a question on that. Mr. Price: Yes, sir. Mr. Odio: I am a subscriber, and I'm subscribing to HBO and Disney Channel. That means I am entitled to call you, and tell you that I will keep HBO and the other channel will...? Mr. Price: No. No, sir. It means that in addition to HBO and Disney, you are permitted to have a third pay channel for $2. 238 January 8, 1987 Mr. Odio: For $2. Mr. Price: Yes, sir. Mr. Odio: OK. That's been clarified; that's acceptable? Good, OK. OK, "reduce the amount of deposit on converters, from the existing $75 rate to $25 rates." Mr. Price: Yes, sir. Mr. Odio: And my question on that was, whether the subscriber will be refunded if he has a $75 deposit. Mr. Price: The subscriber will be credited with that $50, plus interest, over a period of time, until that bill is diminished to a positive balance. Mr. Odio: OK, I just wanted your answer on the record, thank you. "Eliminate the second outlet charge, which is presently $5 per month." Mr. Price: That is correct, sir. Mr. Odio: So, but that will not be retroactive, it will be for new subscribers? Mr. Price: No that will be retroactive also, sir. Mr. Odio: You will return to anybody that has paid the $5 for an additional outlet the $5. Mr. Price: No, no, no. In the future, once this is implemented... Mr. Odio: OK, so it's not retroactive. Mr. Price: Well, it applies to present subscribers. Mr. Odio: OK, but as of next month. Mr. Price: What... when... Mr. Odio: Or whenever. Mr. Price: Everything will be instituted by July. That's what we've told the staff. Mr. Odio: OK. "Unscramble the existing signal for basic channels, which will result in a benefit to cable -ready television sets and video recorders, since they will not require a converter." Mr. Price: That is correct, plus the fact, if you have your channel hooked up to a cable -ready set, you also get a reduction in your basic rate, of $1.50 per month. Mr. Odio: OK. "Provide, at no cost, each of the customers of the City of Miami's license system, the American Movie Classic Channel, or otherwise channel 43," as it's now called, you know, because... (ASIDE) Is that so? UNIDENTIFIED SPEAKER (OFF MIKE): That's correct. Mr. Price: That will become a basic service, sir. Mr. Odio: Even though now it's provided free to some customers, if they receive Bravo channel. I just want this on the record, so that we don't tell people we're giving them something that they are not getting. Mr. Barry Kerr (OFF MIKE): Bravo and AMC are sold together, at $11.95. Mr. Price: Why not have Mr. Kerr address that? Mr. Odio: Yes. 239 January 8, 1987 Mr. Kerr: Presently... Barry Kerr, Miami Cablevision, 1306 Northwest 7th Avenue. Presently, AMC - American Movie Classics - and Bravo are sold as a pair, at $11.95. We will be putting American Movie Classics down as part of our basic service. Mr. Odio: That's why I wanted this on the record, because we are telling people they going to... Mr. Plummer: Is that whether or not you take the Bravo? Mr. Odio: Well,... that's right. Bravo or not. Mr. Plummer: OK. Mr. Odio: Is that correct? You will get that free, whether you take Mr. Kerr: American Movie Classics will be free to all basic subscribers. Mr. Odio: OK. "Provide customers of the cable system with a monthly magazine guide." Mr. Price: Yes, sir. Mr. Odio: That, I think, covers... the last one is the most important: "Cablevision agrees to maintain the institutional network under the control and direction of the City of Miami. The exact service standards will be agreed upon by the two parties in a separate agreement,"... Mr. Price: That is correct; that is... Mr. Odio: ... which will have to be signed prior to me signing the assignment. I'm adding that to the... Mr. Price: Well that may be a problem, and I'd like to ask Mr. Roy - do you believe that that could be done in an expeditious... expedited matter? Mr. Samit Roy: We can set the basic standards that we are looking, follow the guidelines that the standard cable and other hardware vendors follow, which is the industry standard, in terms of response time, etc. Mr. Price: If that is the representation of Mr. Roy, then it's satisfactory to the company. Mr. Odio: So, Mr. Mayor, Commissioners,... Mr. Plummer: Well, I,... let me... Mayor Suarez: Commissioner Plummer. Mr. Plummer: Let me put one thing on the record, because I think it's not been said, and it needs to be said. Mr. Roy, you indicated to me what that cost factor,... if the City were to have to do it, approximately what would that cost the City, to maintain that INETwork cable? You gave me a figure, so I'd like it on the record, because I think it's important. Mr. Roy: When INET is in full operation, with data and voice going through it, and in-house maintenance, would be in the range of within $200,000 to $300,000. Mr. Plummer: Two to three hundred thousand dollars. Mr. Roy: Annually. Mr. Plummer: If we had to do it ourselves. Mr. Roy: That's correct. Mr. Plummer: OK. I just want that on the record. Mr. Odio: So, based on those items that I have placed on the record, I recommend that once the agreements are written and checked properly by the Law Department, that we proceed to assign the contract. 240 January 8, 1987 • • Mr. Plummer: So you recommend it? Mr. Odio: Yes. Mr. Plummer: OK. Mr. Mayor, based on the recommendation of the City Manager, I think that the public is being well served. They are getting a better deal than they had previously. I think the City is going to be the recipient of some $250,000 worth of maintenance, which is going to be assumed by the assignee. If everything is in order, subject to the documentation being presented to the City Manager, and ratified in form by the City Attorney, I move the first... can we do it together? Mrs. Dougherty: Yes. Mr. Plummer: I move, at this time, that we approve the assignment and the waiver of the "B" channel. Mayor Suarez: So moved. Mr. Plummer: Subject to the City Manager and the documentation, and the City Attorney. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion from the Commission? Hearing none, call the roll. Ms. Hirai: Roll call. Mr. Plummer? Mr. Plummer: I've got one question that I wanted to ask, I'm sorry. I'm sorry to do this to you. Under your provisions of pay channels, premium channels - is there any provisions there that are presently,... for example, is there anything to stop the assignee from saying, "Well, that wasn't a pay premium channel before, and we're now declaring it a premium channel"? Is there any provisions there that says that those which are so designated today as premium are the only premiums that we're talking about? Mr. Price: We have defined what a premium channel is, but we'd be happy in any agreement, to list the premium channels as they exist today. Mr. Plummer: Do you understand what I'm saying? Ms. Merry Sue Smoller: Yes, very definitely. Mayor Suarez: They cannot be redefined to be premium channels all of a sudden? Mr. Plummer: In other words, I don't want... Ms. Smoller: Yeah. Mr. Plummer: ... them to come back at a later date and - for example, CNN News, which is today part of basic, to say that CNN is now a premium channel, even though you'll only get it for $2 more. Ms. Smoller: The company is going to put the understanding in writing. Mr. Plummer: OK. Ms. Smoller: And what they have said is... Mr. Plummer: I want that clarified, that's all. Ms. Smoller: ... that a pay channel is like what we, today, consider pay channels, and you're getting $11.95 for it. Mr. Plummer: That which is established today. Ms. Smoller: That's right. Mr. Price: That's correct. 241 January 8, 1987 Ms. Smoller: That's right. Mr. Plummer: Go ahead, then, and start your roll call. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-67 A MOTION APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION LICENSE TO MIAMI TELECOMMUNICATIONS INC. SUBJECT TO THE CITY MANAGER'S REVIEW AND RATIFICATION OF THE IMPLEMENTING DOCUMENTATION WHICH SHALL ALSO BE SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY. 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. 84. ACCEPT REPORT OF THE AMPHITHEATER ADVISORY COMMITTEE TO DO A MASTER DEVELOPMENT PLAN FOR BAYFRONT PARK WATERFRONT; POSSIBLE ACCEPTANCE OF BERTHING SHANGRI-LA IN SAID PLACE. Mayor Suarez: Commissioner Kennedy, you wanted to make a report on the... Mrs. Kennedy: I sure do. Mr. Price: Mr. Mayor, let me thank the... Mr. Dawkins: Yeah, but before we get any further, I'd like to say that... Mr. Price: ... County Manager... City Manager and City Attorney. Mr. Dawkins: I'd like to say that when this is sold, I've got a concern that I will bring up later. Mr. Price: Yes, sir. Mr. Dawkins: A serious concern, OK? Mr. Price: Yes, sir. Mayor Suarez: You wanted to bring up thirty... Mrs. Kennedy: OK, yes, Mr. Mayor, you had in... Mayor Suarez: Yeah, we'll get back to 35 also. Mrs. Kennedy: You had instructed the Bayfront Park Committee to review the Shangri-La proposal, and come back to this Commission with a recommendation. The committee heard a full presentation by the Shangri-La Foundation, as well as by the City's Planning Department. The committee had no objections to the project itself. However, its biggest concern was that no definite decision be taken until the uses of... of the use of this property, until a master development plan was done. The City cannot continue, we felt, to parcel out its prime waterfront property, which is its most important and valuable asset, on a piecemeal basis. It must have a cohesive plan for the sites, and to consider the current uses, and the plan must take into account, we felt, three 242 January 8, 1987 things: one, that the City get a good return for its investment; two, that it must attract as many residents and visitors as possible; and, most importantly, that it must set the image for Miami. So, therefore, based on these recommendations, I would like to instruct the Planning Department, Sergio, to do a master development plan, and come back with a report in 90 days, and that is a deadline. Mayor Suarez: OK. I have a question. What of the Shangri-La proposal - and I'm not indicating by this that I'm in favor of it; I have all kinds of doubts as to the feasibility, and so on - is in any way incompatible with whatever the master plan comes up with? The land mass of this particular project, as I have seen it, would be essentially a park, with some flag pavilions and an entrance into something that is actually located in the water, which may not be a good idea to locate it there - I don't know, at this point. But... Mrs. Kennedy: That's why we need the master plan. Mayor Suarez: But how could... can you envision in any way being incompatible with the master plan? Incompatible - I mean, I... the land mass of that project, that the Shangri-La has is going to be essentially a park, and fixed up from what it is now. It's now a... you know, an eyesore, really. Mr. Plummer: Well, I'm going to... I've said it before, but very briefly - I am very much opposed to the Shangri-La going in the FEC slip. I like the idea of the Shangri-La, I think it would be a great thing for this community; but you have absolutely no parking facilities, it's going to be, once Bayside is open. I think that is just absolutely the wrong location for that particular attraction. And I would hope that they would move it somewhere else, that has adequate parking, has adequate everything that is necessary. So, I'm just putting my statement on the record. Mr. Sergio Rodriguez: Do you want an answer? Mayor Suarez: To what? Mr. Rodriguez: Oh, no, I believe you were asking a theoretical question and trying to get an answer. Mayor Suarez: I'm always very careful when I state a question, that the question not be directed at you, unless I have an idea what you might answer, Sergio, and I've got... I have no idea what you might answer on this one. No, actually, I do have a question for you, as long as you're up there. We have quite a few master plans running around for that area, do we not? Mr. Rodriguez: We have one master plan. Mayor Suarez: You're talking about the downtown master plan? Mr. Rodriguez: Right. But we're talking... Mayor Suarez: But besides that, there have been all kinds of interesting - looking plans for all the parks, to, you know, do what Commissioner Kennedy's committee has reported. I need to have them in some kind of an integrated system, and so on. I've seen quite a few around D.D.A. for one thing. Mr. Rodriguez: That's the same master plan that we have been working for a while. Mayor Suarez: That's the same master plan? Mr. Rodriguez: Yeah. I think that's what you're referring to. Mayor Suarez: Is that master plan something that we ought to be changing at this point, or is it... Mr. Rodriguez: The master plan... Mayor Suarez: Is that much different, Commissioner Kennedy, from what you have in mind, or have you had a... Mrs. Kennedy: This is a master development plan. 243 January 8, 1987 Mr. Rodriguez: The master plan has your own policies. If you remember the presentation we made to you on the Virginia Key. We... in that plan, we ended up... Mayor Suarez: Oh, you're not going to come up with one of those for this, are you? Mr. Rodriguez: In that plan, we ended up with specific parcels, on how to be developed, on how much we could get out of them, and whether we could have any limitations based on those. And I think that's what Mrs. Kennedy is referring to. Mrs. Kennedy: Um-hmm. Mayor Suarez: You had something in the master plan, I have to tell you, what you did for Virginia Key. That's a study. It's a study of what agencies have to be dealt with. It's a study and a proposal, and an analysis of what land is available, and the mathematics of it, and so on. It's interesting, I mean, I... I don't know that we're really talking here anything different from what Commissioner Kennedy's proposing. Mr. Plummer: Have we got any other business? Mrs. Dougherty: Item thirty... Ms. Lynn M. Dannheisser (OFF MIKE): May I speak to ? Mayor Suarez: Yeah, Lynn, I know you're going to want to say something on this. Ms. Dannheisser: Thank you. I'll be brief. I know the hour is late; I've been waiting here too. My name is Lynn Dannheisser, with the law firm of Holland & Knight, 1200 Brickell Avenue,... Mayor Suarez: You get paid. Ms. Dannheisser: Well,... Mayor Suarez: We hardly do. Ms. Dannheisser: ... not necessarily, unless it's successful. Mayor Suarez: Contingent fee. Ms. Dannheisser: I would like to address the question of the parking, if I may, Commissioner - Vice -Mayor - Plummer, and the issue of whatever goes there. I read in the Miami News that there's a project looking to locate itself there, at two hotels, 600-room hotels, and I'm sure there'll be a lot of other... Mr. Plummer: Where? Ms. Dannheisser: On the Bicentennial Park/FEC slip... Mr. Plummer: Huh? Ms. Dannheisser: ... site. Mrs. Kennedy: No, this is just a design... Mayor Suarez: Hotels? Mr. Plummer: Hotels? Mrs. Kennedy: Hotels. Ms. Dannheisser: Yes. Mrs. Kennedy: Yeah, it's a design. And I, for the record, had problems with the hotels. I saw the presentation. Ms. Dannheisser: A marine -oriented tourist attraction... 244 January 8, 1987 Mayor Suarez: You're reading... let the record reflect she's reading from the Miami News, a beautiful picture of Commissioner Kennedy there, and... Ms. Dannheisser: ... with two 600-room hotel towers... Mr. Plummer: Where the hell did that come from? Ms. Dannheisser: I don't know, I was as surprised about it. It was in the Miami News that afternoon. Mr. Plummer: Gjebre? Ms. Dannheisser: It's proposal for the Bicentennial Park and FEC. Mr. Plummer: You did it again. Ms. Dannheisser: The real issue is, whether it is the Shangri-La or any other marine -oriented tourist attraction, we're going to have to deal with the issue of parking. I believe we have some ideas with respect to that. Mr. Plummer: But not necessarily there, Lynn. Not necessarily there. This Commission has not made a decision that we're going to build anything in that park. Mayor Suarez: Yeah, it could be a lot less intense than an attraction of that sort. Mr. Plummer: There might not be anything built there. Mrs. Kennedy: That's right. Ms. Dannheisser: Well, I agree. And now that we're under the constraint of the charter amendment, where whatever goes there has to be the highest and best use; the request that we had made is that we might be permitted to go through... Mr. Dawkins: Here he is, J.L.I Mrs. Kennedy: There he is! There he is! Mr. Plummer: Aha, Gjebre. Ms. Dannheisser: ... the process, along with the master plan. We've got six months with this ship. We've got to meet some very stringent tests in this process. Mr. Plummer: Well, Lynn, I'm telling you, for one, if you spend one more day, in my estimation, trying to put it in FEC, you have run your own time gamut. I am not voting to put it in the FEC slip. As I recall, when I spoke with some of the people about this thing, they have to have like 25,000 people a day, to make a go of this thing. Where in the hell are 25,000 going to park, and the 18,000,000 for Bayside? Now, it's just not there. Ms. Dannheisser: I don't know where those figures... Mr. Plummer: I don't want to take that... look, Lynn, you weren't around when I had to bite the bullet and pay $23,000,000 to get FEC Park. I did not buy it to make it a parking lot. Now, that is waterfront property, that I absolutely would fight tooth and nail not to turn into a parking lot. Ms. Dannheisser: I appreciate that, Vice -Mayor. The reason we talked about FEC is because of its feasibility, next to the Bayside project. Mr. Plummer: Oh, I understand that. Ms. Dannheisser: We would be glad to look at another site, if it would... Mr. Plummer: I'm going to look tomorrow, supposedly, at a proposal of $400,000,000 for that site. Mrs. Kennedy: Bill Gjebre, where were you when this took place? 245 January 8, 1987 Mr. Plummer: I don't want Gjebre to hear it - he'll put my picture in the paper. Mayor Suarez: We don't want that to happen. Mr. Plummer: God forbid! Mayor Suarez: Geez, it's bad enough having to see her picture. Mr. Plummer: Hey, we are going to have... Lynn, look, you know... Mayor Suarez: Pretty soon they'll have Dawkins' picture too. Mr. Plummer: You've got to remember that Bayside at $131,000,000 - I would presume that this City is going to be overrun with proposals that will be going in and around Bayside, of people who want to get on the financial success coattail of Bayside. This is the first one, and I'm saying to you that that's fine, put it somewhere, but not there. You don't have the adequate facilities for it. I'm speaking for one. The rest of this Commission can speak for itself. Mr. Dawkins: My name is Miller Dawkins. Mr. Plummer: I know you. Mayor Suarez: Do you live in the City? Mrs. Kennedy: Oh, there you are. Mayor Suarez: Are you paid to make a presentation? I'll call the roll on that motion. Mr. Plummer: Who? Mrs. Kennedy: So moved. Mr. Plummer: That he lives in the City? I think we ought to have an annexation. Mayor Suarez: On the motion that... there was a motion and a second, right? Mrs. Kennedy: On the motion to accept the committee. Mayor Suarez: Right. Mrs. Kennedy: The report. Mayor Suarez: No, and to call for a master plan. Mrs. Kennedy: A master development plan, right. Mayor Suarez: Within 90 days. Mrs. Kennedy: Ninety days. Mayor Suarez: Call the roll. Ms. Dannheisser: May I... before you call the roll, is this resolution... Mayor Suarez: I don't think one precludes the other. Ms. Dannheisser: ... solely for the master plan, at which time we, if we can resolve some of these problems, might be able to come back? The master plan covers more than just the FEC... Mayor Suarez: Sure. Ms. Dannheisser: ... tract and the Bicentennial Park. Mayor Suarez: Sure. 246 January 8, 1987 Ms. Dannheisser: Would... OK, that's what I want to know. Mayor Suarez: Well, that's basically... I mean, FEC and Bicentennial, and in- between, I mean. The low inlet there. Ms. Dannheisser: And any project that goes there is going to have to deal with the parking issue, I would assume. Mr. Plummer: Oh, absolutely. Mrs. Kennedy: Absolutely. Mr. Plummer: If any project goes there - if! Mayor Suarez: Other than, you know, a nice park, and all that kind of stuff. Ms. Dannheisser: OK. Mr. Dawkins: Call the roll. Mayor Suarez: Call the roll. Mr. Plummer: Well, what is... on the... oh, on your... Mrs. Kennedy: Master plan. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-68 A MOTION ACCEPTING THE REPORT OF THE AMPHITHEATER ADVISORY COMMITTEE; FURTHER INSTRUCTING THE PLANNING DEPARTMENT TO DO A MASTER DEVELOPMENT PLAN FOR BAYFRONT PARK'S WATERFRONT LAND INCLUDING THE F.E.C. PROPERTY AND THE BICENTENNIAL PROPERTY; SAID MASTER DEVELOPMENT PLAN MUST INCLUDE: (1) THAT THE CITY GET A GOOD RETURN FOR ITS INVESTMENT; (2) THAT IT MUST ATTRACT AS MANY RESIDENTS AND VISITORS AS POSSIBLE AND (3) THAT IT MUST SET THE IMAGE FOR MIAMI; FURTHER INSTRUCTING THE ADMINISTRATION TO COME BACK WITH A REPORT WITHIN 90 DAYS. 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 Comment made during roll call: Mr. Dawkins: My name is Miller Dawkins. I vote yes. Mrs. Kennedy: Oh, how about appointment to the Youth Advisory Council? 247 January 8, 1987 85. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR HEAVY EQUIPMENT MAINTENANCE DIVISION. (ALSO SEE LABELS #22 AND 071) ------------------------------------------------------------------------------ Mayor Suarez: Item 35 we need a vote on. Remember, we were going to get that figure, the total figure? Mr. Plummer: What's the number? Mrs. Dougherty: One million, six hundred and forty-five thousand, three hundred fifty-two dollars. Mr. Plummer (OFF MIKE): Can't be. If we're eliminating the major portion of that contract,... Mrs. Dougherty: It was $3,791,000; now it's $1,640,000. Mayor Suarez: Yeah, it was $3.8; now it's $1.6. That's $2.2 less. Mr. Plummer: So moved. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded, thirded. Any discussion? Mrs. Kennedy: OK, I have... Mayor Suarez: Call the roll on Item 35. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING THE APPROPRIATIONS IN THE INTERNAL SERVICE FUND IN THE AMOUNT OF $1,645,352, HEAVY EQUIPMENT MAINTENANCE DIVISION, INCREASING REVENUES IN A LIKE AMOUNT FROM THE PROCEEDS OF THE SALE OF CERTIFICATE OF PARTICIPATION NOTES TO BE APPROPRIATED INTO THE MOTOR POOL MAINTENANCE DIVISION TO FUND THE PURCHASE OF 184 AUTOMOBILES, LIGHT TRUCKS, MOTORCYCLES, AND RELATED ACCESSORIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote- 248 January 8, 1987 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10208. 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. ------------------------------------------------------------------------------ 86. APPOINT CARLOS ZAPATA TO THE YOUTH ADVISORY COUNCIL Mayor Suarez: I'll entertain a motion on your appointment to the Youth Advisory Council. Mrs. Kennedy: Yes, to the Youth Advisory Council - Juan Carlos Zapata. Mayor Suarez: Was nominated by Commissioner Kennedy... Mr. Plummer: Old shoes? Mr. Dawkins: Second. Mayor Suarez: ... to replace her own prior appointment, I presume,... Mrs. Kennedy: Yeah, Zapata - Zapato. Mayor Suarez: ... now we're in trouble; call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-69 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY OF MIAMI YOUTH ADVISORY COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM ENDING MAY 7, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 249 January 8, 1987 THRltR BRING NO FURTHER BUSINESS TO COIF BEFORE THE CITY COMMISSION, THE ISSH+rING VAS ADJOURNED AT 1:5S P.M. ATTEST: !Natty Hirai CITT CLERK Valter J. Foe -An ASSISTANT CITY CLERK Xavier L. Suarez N A T 0 R 250 January 8, 1987 C17Y OF ml ml DOCUMENT MEETING DATE JANUARY 8, 1987 NDEX__ DOCUMEW IDENTIFICATION ACCEPT DONATION OF A FLAT BED TRAILER VALUED AT $5,000 FROM MR. JOSE INFANTE FOR USE BY THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AS A PORTABLE STAGE. RATIFY/APPROVE/CONFIRM ACCEPTANCE OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS IN THE AMOUNT OF $20,000 TO CONDUCT A CHILD CARE PROGRAM. ORDER DOWNTOWN HIGHWAY IMPROVEMENT PHASE II H-4521 DESIGNATE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A POR- TION OF THE COST THEREOF AS DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT PHASE II H-4521. ACCEPT BID OF M. VILA & ASSOCIATES, INC. ($41,932.50) FOR WYNDWOOD SANITARY SEWER REPLACEMENT PROJECT (SECOND BIDDING). ACCEPT BID OF JOSEPH D. VENTURA & ASSOCIATES FOR FURNISHING ONE STOELTING ULTRASCRIBE POLYGRAPH INSTRUMENT TO THE DEPARTMENT OF POLICE/TOTAL PROPOSED COST OF $4,850.00. ACCEPT BID OF ROSAIR AIR CONDITIONING CORPORA- TION FOR FURNISHING EIGHT (8) CONDENSER COILS TO THE DEPARTMENT OF GENERAL SERVICES ADMINIS- TRATION/TOTAL PROPOSED COST OF $6,416.00/ ALLOCATE FUNDS FROM THE 1986-87 OPERATING BUDGET. ACCEPT BID OF SCHOFIELD TRANSMISSION FOR FURNISHING AUTOMATIC TRANSMISSION REPAIRS OF THE CITY'S LIGHT VEHICLE FLEET TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/ TOTAL COST OF $25,000/ ACCEPT BID OF HAROLD G. JAFFER, INC. FOR FURNISHING ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY FOR DRILLING A WELL AT THE CITY OF MIAMI'S MIAMI SPRINGS GOLF COURSE TO THE DEPARTMENT OF PUBLIC WORKS/TOTAL PROPOSED COST OF $7,500.00/ ACCEPT COMPLETED WORK OF EBSARY FOUNDATION COMPANY AT A TOTAL COST OF $68,060.00/AUTHO- RIZE INCREASE IN SEPTEMBER 2, 1986/NET AMOUNT OF $4,560.00, AND A FINAL PAYMENT OF $12,710./ AUTHORIZE THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY THREE DEEDS OF DEDICATION FOR HIGHWAY PURPOSES/APPROVE THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ISSION RETRI TION AND CODE 87-1 87-2 87-3 87-4 87-5 • 87-10 87-11 Ocu-11-10ENT114DEX A:= e 1987 CONTINUEDPAGE D::LPC- 1T UNTIrIGATION ACCEPT THE PLAT ENTITLED SALOMON TRADERS SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI AND THE DEDICATIONS SHOWN ON SAID PLAT/ AUTHORIZE CITY MANAGER/CITY CLERK TO EXECUTE THE PLAT; ETC.... AUTHORIZE AGREEMENT (S) WITH INDIVIDUALS AND/OR BUSINESSES DESIRING TO PLACE ADVERTISE- MENTS INSIDE THE THE MIAMI ORANGE BOWL AND MIAMI STADIUMS. AUTHORIZE CLOSURE OF STREETS AND ISSUANCE OF PERMITS CONCERNING THE DR. MARTIN LUTHER KING COMMEMORATIVE PARADE, TO BE CONDUCTED BY DR. MARTIN LUTHER KING JR. PARADE AND FESTIVITIES COMMITEE, INC., ON JANUARY 19, 1987. ESTABLISH 3:30 P.M. THURSDAY, MARCH 26, 1987 OR A RECONVENED MEETING, AS THE PUBLIC HEARING DATE FOR THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE MIAMI ARENA PROJECT, A DEVELOPMENT OF REGIONAL IMPACT; LOCATED AT 702-98 NORTH MIAMI AVENUE AS PROPOSED BY DACOMA VENTURE. RELAX LIMITATIONS OF THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON FEBRUARY 6, AND 15, 1987 AND AT VIZCAYA MUSEUM UNTIL 1:00 A.M. ON FEBRUARY 14, 1987 FOR THE MIAMI FIL, FESTIVAL. ACCEPT BID OF BURNS INTERNATIONAL SECURITY SERVICES FOR FURNISHING SECURITY GUARD SERV- ICES ON A CONTRACT FOR ONE (1) YEAR RENEWABLE ANNUALLY FOR TWO (2) ADDITIONAL YEARS TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES/TOTAL PROPOSED COST $52,317.00/ ACCEPT COMPLETED WORK OF GARCIA-ALLEN CON- STRUCTION COMPANY, INC./TOTAL COST:$902,654.74 FOR WESTERN DRAINAGE PROJECT E-54 (BIDS "B" & "C")/AUTHORIZE FINAL PAYMENT OF $56,045.03. AUTHORIZE/DIRECT TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF FLORIDA FOR THE STAGING OF THE 1987 GRAND PRIX. URGE THE TEAM MEMBERS OF MOVING THE PIG BOWL GAMES TO THE ORANGE BOWL/DIRECT CITY MANAGER TO WAVE ALL FEES RELATED TO THE USE OF THE ORANGE BOWL IN CONNECTION WITH SAID GAMES. ALLOCATE $60,000 TO COVER THE RENTAL FEES AT THE COCONUT GROVE EXHIBITION CENTER FROM OCTOBER 1, 1986 THROUGH SEPTEMBER 30, 1987 FOR TEN (10) ANTIQUE JEWERLY SHOWS CONDUCTED BY COCONUT GROVE CARES, INC./POLICY NO. APM- 1-84, DATED JANUARY 24, 1984. 87-12 87-13 87-14 87-15 87-16 87-17 mulm: 87-20 87-22 87-23 T�i� D0_cullmEN�Ex PA�Ea:� a °98� CONTINUED wupcpc T iDfmiricasoN AUTHORIZE PAYMENT FOR A THIRD APPRAISAL BY 87-24 THEODORE SLACK, AT A FEE OF $5,000 TO FACIL- ITATE A NEGOTIATED PURCHASE IN LIEU OF CONDEM- NATION OF LUTS 12, 13, 14, AND 15, KENIL- WORTH REVISED SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. APPROVE CONSTRUCTION ON CUBAN MEMORIAL BOU- 87-25 LEVARD OF A STATUE HONORING NESTOR IZQUIERDO, A CUBAN PATRIOT WHO DIED IN NICARAGUA. RATIFY ACTION CITY MANAGER TO FIND THAT A 87-31 VALID EMERGENCY NEED EXISTS FOR THE CONSTRUC- TION OF THE ORANGE BOWL STADIUM ADDITIONAL PRESS BOX FACILITIES PROJECT./EXECUTE AGREE- MENT WITH KUNDE, SPRECHER, YASKIN AND ASSO- CIATE./FUNDS NOT TO EXEED $80,000.00 ACCEPT BID OF CAR WASH EQUIPMENT & SUPPLIES 87-32 RYKO OF SOUTH FLORIDA, INC. FOR FURNISHING TWO (2) CAR WASH SYSTEMS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/TOTAL COST: $111,736.00/ ALLOCATE $75,000 TO FOOD PROGRAM OF MIAMI 87-33 JEWISH HOME AND HOSPITAL FOR THE AGED, INC./ AUTHORIZE AGREEMENT WITH DOUGLAS GARDENS SENIOR ADULT CARE CENTER WHICH OPERATES A HOT MEALS PROGRAM AND ADULT CARE CENTER FOR THE ELDERLY. AUTHORIZE CITY MANAGER TO EXTEND THE TERMS 87-34 OF AN AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC.. AUTHORIZE TO EXECUTE AN AGREEMENT WITH FLORIDA 87-35 MEMORIAL COLLEGE TO PROVIDE HUMAN RELATIONS TRAINING FOR THE POLICE DEPARTMENT FOR THE PERIOD OF OCTOBER 1, 1986 TO SEPTEMBER 30, 1987. RESCIND MOTION NO. 86-1024 ADOPTED BY THE 87-36 CITY COMMISSION ON DECEMBER 11, 1986, WHICH RELATED TO AN EVALUATION PROCESS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. APPOINT AN INDIVIDUAL TO THE CITY'S CODE 87-38 ENFORCEMENT BOARD TO SERVE A TERM ENDING FEBRUARY 10, 1.989. APPOINT AN INDIVIDUAL TO THE CITY OF MIAMI 87-39 HOUSING CONSERVATION AND DEVELOPMENT ADVISORY BOARD TO SERVE A TERM ENDING DECEMBER 1, 1987. APPOINT THREE INDIVIDUALS AS MEMBERS OF THE 87-41 CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY. OCUIIfiENT�INDEX Pn�EAaa 8, 198, CONTINUED D=:tt'LNT IDENTIFICATION REAPPOINT MEMBERS OF BOARD OF TRUSTEES -CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST. APPOINT INDIVIDUALS TO SERVE IN AD HOC MINOR- ITY ADVISORY COMMITTEE FOR DEVELOPMENT, CON- STRUCTION AND OPERATION OF MIAMI ARENA. ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVEL- OPMENT OF FULL -SERVICE BOAT YARD FACILITY MARINA AND ANCILLARY MARINE RELATED RETAIL LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI. AMEND AGREEMENT (RESOLUTION 84-40) WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. - PROVIDE FUNDS FOR STUDY/DE- VELOPMENT PROGRAM FOR HOTEL TO BE DEVELOPED ON SITE OF MUNICIPAL PARKING LOT 10. INCREASE $300,000 IN CONTRACT WITH P.N.M. CORPORATION DATED JANUARY 4, 1986, FOR CON--- STRUCTION OF BAYFRONT PARK REDEVELOPMENT PHASE II. EXECUTE AMENDED AGREEMENT WITH PIER 5 BOAT MEN'S ASSOCIATION, INC.-REALLOCATE $250,000. FOR IMPROVEMENTS TO MIAMARINA. INSTRUCT MANAGER TO NEGOTIATE WITH THE DE- PARTMENT OF OFF-STREET PARKING TO ENHANCE THE PARKING PROGRAM FOR THE MIAMI ARENA. REJECT BID: REGENCY DODGE, INC. FOR 203 POLICE VEHICLES ($2,146,522.00)/ACCEPT BIDS: JIM PEACOCK DODGE, INC.; RAINBOW DODGE, KAWASAKI WEST & JOHNNY STAMIN EQUIPMENT ($554,484.09)- PURCHASE OF 74 VEHICLES/AUTHORIZE PURCHASE OF 85 VEHICLES FROM REGENCY DODGE INC. & DON REID FORD, INC. ($756,956.50). EXTEND LEASE AGREEMENT WITH BELAFONTE TA- COLCY CENTER, INC. (LESSEE), FOR CITY -OWNED PROPERTY LOCATED AT NORTHWEST 62ND STREET & NORTHWEST 9TH AVENUE. ALLOCATE $30,000.00 FOR THE "1987 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES & SUBSIDIARY PONY LEAGUE PROGRAM". RATIFY CITY MANAGER'S ACTIONS ACCEPTING BID OF McNEW MARINE CONSTRUCTION, INC., FOR BAY - SIDE SPECIALTY CENTER MIAMARINA RENOVATION PROJECT. ENDORSE GENERAL ANTONIO MACEO FOUNDATION, INC. IN ITS EFFORTS FOR DEVELOPMENT OF GENERAL ANTONIO MACEO PARK/NEGOTIATE AGREEMENT WITH SAID FUNDATION. 87-42 87-43 87-45 87-47 87-53 87-54 87-61 87-63 87-64 OCUORENTowlWDEX � A�Ea:s a 190� CONTINUED W.UP 4T IDEHTIMATION CONFIRM RESOLUTION NO. 86-981/AUTHORIZE CITY 87-65 CLERK ADVERTISE FOR SEALED BIDS FOR THE CON- STRUCTION OF MORNINGSIDE HIGHWAY IMPROVE- MENT H-4523. AUTHORIZE TEMPORARY LOAN ($1,500,000) FROM 87-66 GENERAL FUND TO THE MIAMARINA ENTERPRISE FUND TO BE REIMBURSED FROM THE SALE OF 1987 MARINA REVENUE BONDS. APPOINT CERTAIN INDIVIDUAL TO THE CITY OF 87-69 MIAMI YOUTH ADVISORY COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM ENDING MAY 7, 1988.