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Home My WebLink AboutCC 1986-07-10 MinutesI�S�' OTir MIAM11is OF NREETING HELD ON JULY 10, 1986 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY MALL MATTY HIRAI City Clerk { i jpY }�GyF INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMIp FLORIDA July 10, 2986 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1 PLAQUES, PROCLAMATIONS & SPECIAL PRESENTED 1 ITEMS. 2 CONSENT AGENDA: 2.1 AUTHORIZE STREET CLOSURE IN CONNEC- R 86-526 TION WITH THE DOWNTOWN DESK DASH ON 7/10/86 JULY 179 1986; AUTHORIZE SALE OF BEER AND WINE AT SAID EVENT. 2.2 AUTHORIZE ISSUANCE OF REQUEST FOR R 86-527 PROPOSAL FOR LEASE OF APPROXIMATELY 7/10/86 19375 SQUARE FEET OF LUMMUS PARK FOR HISTORICAL PURPOSES. 2.3 BID ACCEPTANCE - ALFRED LLOYD & R 86-528 SONS, INC. FOR DEMOLITION SERVICES - 7/10/86 451 N.W. 4TH STREET. 2.4 BID ACCEPTANCE - VISTA BUILDING R 86-529 MAINTENANCE SERVICES, INC. FOR 7/10/86 CUSTODIAL AND GROUNDS MAINTENANCE SERVICES FOR THE COMPUTERS DEPART- MENT FOR ONE YEAR. 2.5 BID ACCEPTANCE - MCO CONSTRUCTION, R 86-530 INC. FOR DEMOLITION SERVICES FOR 7/10/86 PROPERTIES LOCATED IN OVERTOWN PARK/WEST REDEVELOPMENT PROJECT AREA; ALLOCATING $25,000 FOR REMOVAL OF ASBESTOS FOR THE DEPARTMENT OF DEVELOPMENT. 2.6 BID ACCEPTANCE - MIRI CONSTRUCTION, R 86-531 INC. FOR WEST LITTLE HAVANA HIGHWAY 7/10/86 IMPROVEMENT - PHASE I B-4510. 2.7 BID ACCEPTANCE - DOUGLAS N. HIGGINS, R 86-532 INC. FOR WINONA SANITARY SEWER 7/10/86 IMPROVEMENT B-5494-C. 2.8 BID ACCEPTANCE - E. SANS & ASSOCI- R 86-533 ATES, INC. FOR WYNDWOOD SANITARY 7/10/86 SEWER REPLACEMENT PROJECT. 2.9 RESCIND BID AWARD TO STARDUST JANI- R 86-534 TORIAL; ACCEPT BID OF JAY CEE CLEAN- 7/10/86 ING SERVICE FOR MANUEL ARTIME COMMU- NITY CENTER CUSTODIAL SERVICES. 2.10 ALLOCATE $300000 TO THE DEPARTMENT R 86-535 OF PARKS, RECREATION AND PUBLIC 7/10/86 FACILITIES FOR THE "1986 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES". 1-7 2 2 2 J 3 3 4 4 4 G, 2.11 ALLOCATE $30v000 IN SUPPORT OF THE R 86-536 5 1986 MISS HISPANIC HERITAGE PAGEANT. 7110/86 2.12 RATIFY AND APPROVE THE CITY R 86-537 5 MANAGER'S ACCEPTANCE OF A GRANT FROM 7/10/86 METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; AUTHORIZE CONTRACTS AND AGREEMENTS TO IMPLE- MENT SAID PROGRAM. 2.13 AUTHORIZE PURCHASE OF LAND, PARCEL R 86-538 5 25-I IN THE SOUTHEAST OVERTOWN 7/10/86 PARK/WEST REDEVELOPMENT AREA. 2.14 AUTHORIZE ACCEPTANCE OF A RENTAL R 86-539 6 REHABILITATION PROGRAM GRANT FROM 7/10/86 THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO INCREASE SUPPLY OF AFFORDABLE STANDARD HOUSING. 2.15 PLAT ACCEPTANCE - MIAMI EDISON R 86-540 6 SCHOOL SITE FIRST ADDITION. 7/10/86 2.16 PLAT ACCEPTANCE - ST. AUGUSTIN R 86-541 6 SUBDIVISION. 7/10/86 2.17 PLAT ACCEPTANCE - FIRST ADDITION TO R 86-542 6 WEST DUNBAR SCHOOL SITE. 7/10/86 2.18 DESIGNATE & APPOINT THE CITY MANAG- R 86-543 7 ER, THE DIRECTOR OF FINANCE OR THE 7/10/86 RISK MANAGER AS THE PROPER CITY OFFICIALS TO SIGN MOTIONS FOR CON- TINUANCE ON BEHALF OF THE CITY IN ANY PENDING LITIGATION. 2.19 AUTHORIZE AGREEMENT WITH THE SENIOR R 86-544 7 COMMUNITY SERVICE EMPLOYMENT AGENCY 7/10/86 AND SENIOR CENTERS OF DADE COUNTY, INC. FOR COORDINATION SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM. 2.20 AUTHORIZE AMENDMENT TO AGREEMENT R 86-545 7 WITH LITTLE HAVANA DEVELOPMENT 7/10/86 AUTHORITY FOR PROFESSIONAL SERVICES. 3 DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 7-9 BID ACCEPTANCE OF OCEAN BAY CON- 7/10/86 STRUCTION FOR FORT DALLAS PARK (See label #72). 4 AUTHORIZE MANAGEMENT TO NEGOTIATE R 86-546 9-11 AND ENTER INTO AGREEMENT WITH MIAMI- 7/10/86 DADE COMMUNITY COLLEGE FOR DEVELOP- ING THE LIBERTY CITY EDUCATIONAL CENTER. 5 AUTHORIZE INCREASE IN CONTRACT WITH R 86-547 11-12 FRANK J. MORANt INC. FOR CONSTRUC- 7/10/86 TION OF CURTIS PARK SPORTSFIELD LIGHTING. 6 EXTEND AGREEMENT WITH COOPERS AND R 86-548 12-16 LYBRAND FOR AUDITING SERVICES. 7/10/86 7 DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 16-19 DESIGNATION OF AN "ENTERPRISE ZONE" 7/10/86 (See label #72). 8 ALLOCATE $20,000 TO BELAFONTE R 86-549 TACOLCY CENTER, INC. FOR SPORTS 7/10/86 DEVELOPMENT PROGRAM TO YOUTH; FUNDED WITH MONIES PREVIOUSLY DESIGNATED FOR THE SUMMER DISCO SPLASHDOWN. 9 SET PUBLIC HEARING FOR EXTRA COMMU- M 86-550 LAITY DEVELOPMENT DOLLARS FOR SOCIAL 7/10/86 SERVICE AGENCIES. 10 DISCUSSION REGARDING MAKING THE DISCUSSION TACOLCY PROGRAM A CITY PROGRAM (See 7/10/86 label #8). 11 EMERGENCY ORDINANCE: ESTABLISHING 0 10120 "PARK FEES" FOR USERS OF VIRGINIA 7/10/86 KEY PARK. 12 SECOND READING ORDINANCE: PROVIDING 0 10121 FOR THE FINANCE DIRECTOR'S AUTHORITY 7/10/86 TO PURCHASE AND INVEST IDLE FUNDS PRUDENTLY. 13 SECOND READING ORDINANCE: REVISE THE 0 10122 FEES FOR GOLF COURSES. 7/10/86 14 SECOND READING ORDINANCE: AUTHORIZE 0 10123 CITY MANAGER TO ISSUE NON-EXCLUSIVE 7/10/86 TEMPORARY PERMITS IN CITY PARKS FOR SPECIAL EVENTS. 15. SECOND READING ORDINANCE: ESTABLISH 0 10124 NEW FUND "RECREATION ACTIVITY 1985- 7/10/86 86". 16 AMEND THE CODE BY CREATING DEPART- 0 10125 MENT OF PARKS, RECREATION AND PUBLIC 7/10/86 FACILITIES. 17 AMEND 10039 BY INCREASING APPROPRIA- 0 10126 TION FOR THE DEPARTMENT OF COMMUNITY 7/10/86 DEVELOPMENT BY $40,000 FROM A GRANT FROM DANCE UMBRELLA INC. AND CITY MATCHING FUNDS. 18 AMEND SECTION 42-8.1 OF THE CODE BY 0 10127 INCREASING FEE FOR ADMINISTRATION OF 7/10/86 OFF -DUTY POLICE OFFICERS; RECOGNIZE CITY'S RESPONSIBILITY TO PROVIDE SELF-INSURANCE COVERAGE ARISING FROM OFF -DUTY POLICE SERVICES. 19 SECOND READING ORDINANCE: GARBAGE 0 10128 AND TRASH. 7/10/86 20 SECOND READING ORDINANCE: PROVIDE, 0 10129 SUBJECT TO ELECTION, THAT THE 7 1/2% 7/10/86 INTEREST RATE PAYABLE ON $71000,000 POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS BE MODIFIED (See label #21). 21 SECOND READING ORDINANCE: PROVIDE 0 10130 FOR SEPTEMBER 21 1986 SPECIAL ELEC- 7/10/86 TION re MODIFICATION OF 7 1/2% INTEREST RATE PAYABLE ON $790009000 POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS (See label #20). 19-25 25-26 26 26-28 28-29 29-32 32-33 33-34 34-36 36-37 37-38 38-42 43 44 22 SECOND READING ORDINANCE: PROVIDE, 0 10131 44-45 SUB.'S7T TO i_'..':"^ *.n'1, THAT 7 l /2% 7/10/86 INTEREST RATE OF $17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS BE MODIFIED (See label #23). 23 SECOND READING ORDINANCE: PROVIDE 0 10132 45-46 FOR SEPTEMBER 2, 1986 SPECIAL ELEC- 7/10/86 TION - MODIFICATION OF 7 1/2% INTER- EST RATE PAYABLE ON $17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS BE MODIFIED (See label #22). 24 FIRST READING ORDINANCE: ESTABLISH FIRST 46-47 NEW PROJECT "PRELIMINARY BOND EX- READING PENSE". 7/10/86 25 FIRST READING ORDINANCE: ESTABLISH FIRST 47-49 NEW PROJECT "MIAMI STADIUM -ROOF READING REPAIRS". 7/10/86 26 AUTHORIZE REPLACING THE ROOF AND R 86-551 49-50 RENOVATING THE PRESS BOX AT MIAMI 7/10/86 BASEBALL STADIUM. 27 EMERGENCY ORDINANCE: ESTABLISH TWO 0 10133 50-51 NEW PROJECTS, "ORANGE BOWL RECEP- 7/10/86 TION/PRESS INTERVIEW AREA" AND "ORANGE BOWL CONCRETE SLAB AND JOIST REPAIR". 28 FIRST READING ORDINANCE: ESTABLISH FIRST 51-52 NEW PROJECT, "COCONUT GROVE EXHIBI- READING TION CENTER - TELESCOPIC SEATING". 7/10/86 29 FIRST READING ORDINANCE: APPROPRIATE FIRST 52-56 FUNDS FOR MAKING IMPROVEMENTS TO READING COMMISSION CHAMBERS TO ENABLE CABLE- 7/10/86 CASTING OF MEETINGS. 30 FIRST READING ORDINANCE: YOUTH FIRST 56-57 ADVISORY COUNCIL AMENDMENTS. READING 7/10/86 31 FIRST READING ORDINANCE: ESTABLISH FIRST 57-61 RATES FOR METERS AND PARKING LOTS. READING. 7/10/86 32 PROVIDE FOR REDEMPTION OF CERTAIN R 86-552 61-65 OUTSTANDING CITY OF MIAMI, FLORIDA 7/10/86 PARKING SYSTEM REVENUE BONDS, SERIES 1983. 33 AUTHORIZE SALE OF $16,275,000 CITY R 86-553 65-67 OF MIAMI, FLORIDA, PARKING SYSTEM 7/10/86 REVENUE BONDS, SERIES 1986. 34 RECEIVE, OPEN AND READ SEALED BIDS M 86-554 67-68 FOR CONSTRUCTION OF CITYWIDE HIGHWAY 7/10/86 IMPROVEMENT PHASE III, B-1416. 35 AUTHORIZE SALE OF $16,000,000 PARK- R 86-555 68-77 ING SYSTEM REVENUE BONDS. 7/10/86 36 APPROVE ANNUAL BUDGET OF THE WORLD R 86-556 77-78 TRADE CENTER GARAGE. 7/10/86 37 APPROVE ANNUAL BUDGET OF THE DOWN- R 86-557 78-84 TOWN GOVERNMENT CENTER GARAGE. 7/10/86 38 APPROVE ANNUAL BUDGET OF DEPARTMENT R 86-558 OF OFr-STREET PARKING FOR OPERATION 7/10/86 OF GUSMAN HALL AND OLYMPIA BUILDING. 39 AUTHORIZE MANAGER TO ENTER INTO R 86-559 COLLECTIVE BARGAINING AGREEMENT WITH 7/10/86 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. 40. DIRECT MANAGER TO SELECT, NEGOTIATE R 86-560 AND EXECUTE AGREEMENT WITH MANAGING 7/10/86 UNDERWRITER FOR CERTIFICATES OF PARTICIPATION IN A LEASE PURCHASE AGREEMENT. 41 IMPLEMENT COLLECTION FOR DELINQUENT R 86-561 SOLID WASTE FEE BILLS. 7/10/86 42 EMERGENCY DEMOLITION OF COMMERCIAL R 86-562 STRUCTURE AT 7500 BISCAYNE BOULE- 7/10/86 VARD. 43 APPOINT HAYDEE CEBALLOS,HOWARD GARYp R 86-563 AND RAUL MASVIDAL TO THE AUDIT 7/10/86 ADVISORY COMMITTEE. 44 APPOINT MAURICE FF.RRE TO THE AUDIT R 86-564 REVIEW COMMITTEE TO REVIEW THE WATER 7/10/86 AND SEWER AUTHORITY. 45 APPOINT PAUL COLLINS TO THE R 86-565 WATERFRONT BOARD. 7/10/86 46. DEFER APPOINTMENTS TO DOWNTOWN DEFERRED BY DEVELOPMENT AUTHORITY BOARD. M 86-566 7/10/86 - 47 APPOINT CARLOS DE VARONA, PAT R 86-567 MILLERSON, LOURDES SAN MARTIN TO THE 7/10/86 HOUSING CONSERVATION AND DEVELOPMENT ADVISORY BOARD. 48 ADMINISTRATION TO PURSUE INFORMATION M 86-568 ABOUT FUTURE CITY OF MIAMI EMPLOYEES 7/10/86 BEING IN THE STATE SYSTEM OF PEN- SION. 49 DISCUSSION AND CONTINUANCE CONCERN- CONTINUED ING SOURCE OF FUNDING FOR BAYFRONT M 86-569 PARK PROJECT. 7/10/86 50A CITY TO AUDIT METRO DADE COUNTY M 86-569 SOLID WASTE DEPARTMENT AND M 86-570 METRORAIL. 7/10/86 50B CITY SHALL BE FORCED TO FILE SUIT M 86-571 AGAINST METRO DADE COUNTY IF ITS 7/10/86 AMBULANCE SERVICE IS DISCONTINUED. 51 ALLOCATE $29000 FOR ATHLETIC BUDGETS R 86-572 FOR EACH: EDISON, JACKSON AND MIAMI 7/10/86 SENIOR HIGH SCHOOLS. 52 COVERAGE OF FIDUCIARY AND FIDELITY M 86-573 INSURANCE FOR MEMBERS OF RETIREMENT 7/10/86 TRUST BOARD. 53 COCONUT GROVE CHAMBER OF COMMERCE M 86-574 AND COCONUT GROVE JAYCEES TO ADOPT 7/10/86 PEACOCK PARK. 84-85 85-86 86-87 87-88 88-90 90-91 92 93 94-95 96 97-99 99-122 123-128 123-128 129-135 135-139 139-144 54 DISCUSSION BY PAT KELLER OF DISCUSSION 144-147 AT, LAPAT TA11 r.nmmlyNTTY ASSOCIATTON 7/10/86 REGARDING EXPENDITURES Or i:lit' FUNDS. 55 REFER TO CITY MANAGER REQUEST BY M 86-575 147-150 RALPH AARON FOR CONTROL LIGHTS IN 7/10/86 RESIDENTIAL AREAS AND ENFORCEMENT OF FIREWORKS LAW. 56 REFER TO CITY MANAGER FUNDING RE- M 86-576 151-152 QUEST FROM MISS MIAMI SCHOLARSHIP 7/10/86 PAGEANT. 57 REFER TO CITY MANAGER REQUEST FOR M 86-577 152-154 FUNDS FROM METRO-MIAMI ACTION PLAN 7/10/86 FOR THEIR CONFERENCE. 58 ENCOURAGE STUART SORG TO APPLY TO M 86-578 155-157 MIAMI CAPITAL FOR LOAN FOR HYDRO- 7/10/86 FOIL. 59 DIRECT ADMINISTRATION TO PREPARE M 86-579 157-159 DOCUMENTS FOR AFFORDABLE HOUSING 7/10/86 DEVELOPMENT VENTURE IN THE KING HEIGHTS REDEVELOPMENT AREA. 60 GRANT $50,000 TO CARIBBEAN CENTRAL M 86-580 159-162 AMERICAN ACTION FOR 1986 MIAMI 7/10/86 CONFERENCE OF THE CARIBBEAN AND THE MARITIME CONFERENCE. 61 NAME NORA SWAN TO SERVE UNDER GEORGE M 86-581 162-163 DETRIO IN CONNECTION WITH FILM 7/10/86 INDUSTRY. 62 APPROVE IN PRINCIPLE CODESIGNATION M 86-582 163-165 OF S.W. 28 TERRACE AS "MIDDLE 7/10/86 STREET". 63 APPROVE IN PRINCIPLE CODESIGNATION M 86-583 166-168 OF S.W. 4TH AVENUE, FROM S.W. 8TH 7/10/86 STREET TO S.W. 2ND STREET AS "JUAN GUALBERTO GOMEZ BOULEVARD". 64 REFER TO CITY MANAGER FUNDING RE- M 86-584 168 QUEST FROM CRUISE 'N TRAVEL EN 7/10/86 ESPANOL MAGAZINE. 65 REQUEST NEGOTIATIONS WITH METRO DADE M 86-585 168-170 COUNTY FOR PLACEMENT OF SEAPORT 7/10/86 BRIDGE EASEMENTS RIGHTS TO BE RE- OPENED. DEDICATION CEREMONY OF MUNICIPAL M 86-586 170-171 66. PARKING LOT NUMBER 1 (COCONUT GROVE 7/10/86 ENTRANCE) SET FOR SEPT. 25, 1986. 67 68A APPROVE IN PRINCIPLE A DAY CARE M 86-587 CENTER ON THE FIRST TWO FLOORS OF 7/10/86 THE MUNICIPAL PARKING GARAGE. FIRST READING ORDINANCE: ADD "FINAN- CIAL -DISCLOSURE" TO CODE. 68B CITY ATTORNEY TO PREPARE ORDINANCE SETTING SAME FINANCIAL DISCLOSURE REQUIREMENTS DEMANDED OF COMMISSION TO APPLY TO ALL CITY INDIVIDUALS WHO PRESENTLY FILE FINANCIAL DISCLOSURE. FIRST READING 7/10/86 M 86-587-1 7/10/86 171-172 172-183 172-183 69 INCLUDE "PATRIA" NEWSPAPER TO RE- M 86-588 183-184 C.:liVS CITY ADS. 7/10/86 70 DISCUSSION REGARDING MANAGEMENT OF DISCUSSION 184-187 MIAMARINA. 7/10/86 71 DISCUSSION CONCERNING ST. JOHNS DISCUSSION 188-190 DEVELOPMENT CORPORATION. 7/10/86 72A BID ACCEPTANCE: OCEAN BAY CONSTRUC- R 86-589 191 TION FOR FORT DALLAS PARK PLAZA. 7/10/86 72B DESIGNATE "ENTERPRISE ZONE" (See R 86-589.1 191-192 labels #3 and #7). 7/10/86 73 DISCUSSION AND DEFERRAL OF CONSTRUC- DISCUSSION 192-196 TION OF MANOR HIGHWAY IMPROVEMENT - 7/10/86 PHASE IV. 74A APPROVE IN PRINCIPLE APPLICATIONS TO R 86-590 196-202 U.S. DEPT. OF HOUSING AND URBAN 7/10/86 DEVELOPMENT FOR HOUSING AND DEVELOP- MENT GRANTS. 74B HOLD IN RESERVE $3009000 OF HOUSING M 86-591 196-202 AND DEVELOPMENT FEDERAL GRANT MONIES 7/10/86 UNTIL COMPLAINT RECEIVED FROM MR. LANCE PASKEWICH IS INVESTIGATED. 75A INSTRUCT CITY ATTORNEY TO DRAFT R 86-592 202-208 CHARTER AMENDMENT PROVIDING FOR 7/10/86 INCREASE IN COMMISSIONERS COMPENSA- TION. 75B REQUEST CHARTER ADVISORY COMMITTEE M 86-593 202-208 TO CONTINUE STUDY OF CHARTER AMEND- 7/10/86 MENTS. 76 PUBLIC HEARING ON BAYCREST HIGHWAY M 86-594 209-215 IMPROVEMENTS; STREETS TO BE RAISED 7/10/86 AND NO SIDEWALKS ARE TO BE BUILT. 77 ADVERTISE FOR BIDS FOR CONSTRUCTION R 86-595 216 OF FLAGAMI SANITARY SEWER IMPROVE- 7/10/86 MENT. 78 ACCEPT COMPLETED WORK OF RIC-MAN R 86-596 216-217 INTERNATIONAL INC. FOR EAST LITTLE 7/10/86 HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID B). 79 ACCEPT COMPLETED WORK OF RIC-MAN R 86-597 217-218 INTERNATIONAL INC. FOR EAST LITTLE 7/10/86 HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID F). MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of July, 19860 the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:02 o'clock A.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. PLAQUES, PROCLAMATIONS & SPECIAL ITEMS: A. Proclamation presented to Alicia Baro - Puerto Rico Day - celebrating a new anniversary of the in institution of the Commonwealth of Puerto Rico. B. Presentation of Plaque to the Dade Legislative Delegation in recognition of their support for the City of Miami. C. Presentation of commendation to Officer Jose Perdomo for having been selected Officer of the Month for May, 1986. 2. CONSENT AGENDA Mayor Suarez: Before the vote is taken on adopting items 1 through 26 with the exception of 8, 9, 179 24 and 26, is there anyone that wishes to be heard for or against any of these items from the general audience? If not, I will entertain a motion that the Consent Agenda comprised of items 1 through 26 with the exception of 89 99 17, 24 and 26 be adopted. Mr. Plummer: And 22. Mayor Suarez: And 22 which was withdrawn. Thank you. Mrs. Kennedy: So move. Mayor Suarez: So moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Please call the roll on the Consent Agenda with the exception of the items mentioned. 1 July 10, 1986 The following resolutions were introduced by Commissioner Kennedy, seconded by Commissioner Plmm*ner and pagsed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 2.1 AUTHORIZE STREET CLOSURE IN CONNECTION WITH THE DOWNTOWN DESK DASH ON JULY 17, 1986; AUTHORIZE SALE OF BEER AND WINE AT SAID EVENT. RESOLUTION NO. 86-526 A RESOLUTION CONCERNING THE DOWNTOWN DESK DASH TO BE CONDUCTED BY THE DOWNTOWN MIAMI BUSINESS ASSOCIATION TO TAKE PLACE IN DOWNTOWN MIAMI ON JULY 179 19869 AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND ASSURANCES THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; FURTHER AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL STATE PERMITS; CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.2 AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSAL FOR LEASE OF APPROXIMATELY 19375 SQUARE FEET OF LUMMUS PARK FOR HISTORICAL PURPOSES. RESOLUTION NO. 86-527 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE LEASE OF APPROXIMATELY 1,375 SQUARE FEET OF PROPERTY SITUATED IN THE CITY OF MIAMI'S LUMMUS PARK FOR THE PURPOSE OF COLLECTING, PRESERVING AND MAINTAINING HISTORICAL DATA OF MIAMI AND PROVIDING HISTORICAL ENRICHMENT TO THE COMMUNITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3 BID ACCEPTANCE - ALFRED LLOYD & SONS, INC. FOR DEMOLITION SERVICES - 451 N.W. 4TH STREET. RESOLUTION NO. 86-528 A RESOLUTION ACCEPTING THE BID OF ALFRED LLOYD & SONS, INC. FOR FURNISHING DEMOLITION SERVICES AT THE BUILDING LOCATED AT 451 N.W. 4TH STREET TO THE DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSED COST OF $49900.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT PROGRAM WITH RECOVERY BY NORMAL LIEN HOLDING PROCEEDINGS; AUTHORIZE 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 July 10, 1986 2.4 BID ACCEPTANCE - VISTA BUILDING MAINTENANCE. SERVICES, INC. FOR CUSTODIAL AND ;GROUNDS MAINTENANCE SLR ICES FOR THE k;0111r'U,1Ei6 LEPAY:I'NE"NT FOR ONE YEAR. RESOLUTION NO. 86-529 A RESOLUTION ACCEPTING THE BID OF VISTA BUILDING MAINTENANCE SERVICES, INC. FOR FURNISHING CUSTODIAL AND GROUNDS MAINTENANCE SERVICES FOR THE COMPUTERS DEPARTMENT ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED FIRST YEAR COST OF $89892.72; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 BID ACCEPTANCE - MCO CONSTRUCTION, INC. FOR DEMOLITION SERVICES FOR PROPERTIES LOCATED IN OVERTOWN PARK/WEST REDEVELOPMENT PROJECT AREA; ALLOCATING $259000 FOR REMOVAL OF ASBESTOS FOR THE DEPARTMENT OF DEVELOPMENT. RESOLUTION NO. 86-530 A RESOLUTION ACCEPTING THE BID OF MCO CONSTRUCTION, INC. FOR DEMOLITION AND CLEARING AWAY DEBRIS AND THE PERFORMANCE OF ALL WORK FOR THE PROPERTIES LOCATED ON BLOCKS 24, 25, 379 44 AND 57 OF THE OVERTOWN PARK/WEST REDEVELOPMENT PROJECT AREA; AT A TOTAL PROPOSED COST OF $511,687.00; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FOR THE REMOVAL OF ASBESTOS ON ALL PROPERTIES ON SAID AREA WHICH HAVE BEEN IDENTIFIED BY THE DADE COUNTY PUBLIC HEALTH DEPARTMENT TO CONTAIN ASBESTOS FOR THE DEPARTMENT OF DEVELOPMENT; ALLOCATING FUNDS THEREFOR FROM THE 1976 G.O. HOUSING BOND FUNDS, HUD SECTION 108 AND THE MIAMI SPORT AND EXHIBITION AUTHORITY; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.6 BID ACCEPTANCE - MIRI CONSTRUCTION, INC. FOR WEST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I B-4510. RESOLUTION NO. 86-531 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $2,154,795.700 TOTAL BID OF THE PROPOSAL, FOR WEST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I B-4510; WITH MONIES THEREFOR ALLOCATED FROM "WEST LITTLE HAVANA STREET IMPROVEMENTS - PHASE I" ACCOUNT IN THE AMOUNT OF $20154,795.70 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS'TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY MIRI CONSTRUCTION, INC. OF WEST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I B-4510 UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) July 109 1986 2.7 BID ACCEPTANCE - DOUGLAS N. HIGGINS, INC. FOR WINONA SANITARY SEWER IVIPROVEMENT B-5494-C. RESOLUTION NO. 86-532 A RESOLUTION ACCEPTING THE BID OF DOUGLAS N. HIGGINS, INC. IN THE PROPOSED AMOUNT OF $29270,915.00 BID "A" AND $30661,423.00 BID "B", TOTAL BID OF THE PROPOSAL, FOR WINONA SANITARY SEWER IMPROVEMENT B-5494-C; WITH MONIES THEREFOR ALLOCATED FROM "WINONA SANITARY SEWERS" ACCOUNT IN THE AMOUNT OF $2,2709915.00 BID "A" AND $3,661,423.00 BID "B" TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY DOUGLAS N. HIGGINS, INC. OF WINONA SANITARY SEWER IMPROVEMENT B- 5494-C UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.8 BID ACCEPTANCE - E. SANS & ASSOCIATIONS, INC FOR WYNDWOOD SANITARY SEWER REPLACEMENT PROJECT. RESOLUTION NO. 86-533 A RESOLUTION ACCEPTING THE BID OF E. SANS & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $43,380.009 TOTAL BASE BID OF THE PROPOSAL, FOR WYNDWOOD SANITARY SEWER REPLACEMENT PROJECT; WITH MONIES THEREFOR ALLOCATED FROM "CITYWIDE SANITARY SEWER EXTENSION IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $439380.00 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.) 2.9 RESCIND BID AWARD TO STARDUST JANITORIAL; ACCEPT BID OF JAY CEE CLEANING SERVICE FOR MANUEL ARTIME COMMUNITY CENTER CUSTODIAL SERVICES. RESOLUTION NO. 86-534 A RESOLUTION RESCINDING THE AWARD TO STARDUST JANITORIAL DUE TO THE FACT THAT IT COULD NOT PROVIDE THE INSURANCE REQUIRED BY THE CITY FOR FURNISHING CUSTODIAL SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; SECOND LOWEST BIDDER FIDELITY CORPORATION COULD NOT PROVIDE INSURANCE REQUIRED BY THE CITY; FURTHER ACCEPTING THE BID OF JAY CEE CLEANING SERVICE THE THIRD LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AT A TOTAL PROPOSED COST OF $23,700.00, USING FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION NO. 86-82 ADOPTED FEBRUARY 139 1986 FROM THE 1985-86 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 July 102 1986 T 2.10 ALLOCATE $30,000 TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACT: TIES FOR THE "1986 CITY OF MIA111I YOUTH F�FF13ALT, WORLD SERIES". RESOLUTION NO. 86-535 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30p000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES FOR THE "1986 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES"; FURTHER AUTHORIZING THE PROCUREMENT OF NECESSARY ACCOMMODATIONS AND SERVICES FOR SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.11 ALLOCATE $30,000 IN SUPPORT OF THE 1986 MISS HISPANIC HERITAGE PAGEANT. RESOLUTION NO. 86-536 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30t000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE 1986 MISS HISPANIC HERITAGE PAGEANT; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM 1-849 DATED JANUARY 249 1984 AND UPON CERTAIN OTHER TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.12 RATIFY AND APPROVE THE CITY MANAGER'S ACCEPTANCE OF A GRANT FROM METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; AUTHORIZE CONTRACTS AND AGREEMENTS TO IMPLEMENT SAID PROGRAM. RESOLUTION NO. 86-537 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A $38,469.44 GRANT FROM METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENT(S) TO IMPLEMENT THE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.13 AUTHORIZE PURCHASE OF LAND, PARCEL 25-I IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA RESOLUTION NO. 86-538 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE PARCEL OF LAND (PARCEL 25-I) LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY COMMISSION AND FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THIS PARCEL AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 July 101 1986 F 2.14 AUTHORIZE ACCEPTANCE OF A RENTAL REHABILITATION PROGRAM GRANT FROM THE V. S. DEPARTMENT Or, 1101'�-ING AND URBAN DEVELOPMENT TO INCRE PE SUPPLY OF AFFORDABLE STANDARD HOUSING. RESOLUTION NO. 86-539 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A RENTAL REHABILITATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR $332,000 TO INCREASE THE SUPPLY OF AFFORDABLE, STANDARD HOUSING FOR LOWER INCOME FAMILIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT THE PROGRAM DESCRIPTION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15 PLAT ACCEPTANCE - MIAMI EDISON SCHOOL SITE FIRST ADDITION. RESOLUTION NO. 86-540 A RESOLUTION ACCEPTING THE PLAT ENTITLED MIAMI EDISON SCHOOL SITE FIRST ADDITION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDA- TION 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.) 2.16 PLAT ACCEPTANCE - ST. AUGUSTIN SUBDIVISION. RESOLUTION NO. 86-541 A RESOLUTION ACCEPTING THE PLAT ENTITLED ST. AUGUSTIN SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.17 PLAT ACCEPTANCE - FIRST ADDITION TO WEST DUNBAR SCHOOL SITE. RESOLUTION NO. 86-542 A RESOLUTION ACCEPTING THE PLAT ENTITLED FIRST ADDITION TO WEST DUNBAR SCHOOL SITE, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDA- TION 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.) 6 July 109 1986 . 4 # 2.18 DESIGNATE & APPOINT THE CITY MANAGER, THE DIRECTOR OF FINANCE OF THE RISK MAiiAGER AS THIS PROPER CITY OFFiCIALS TO SIGN MOTIONS F )R CONTINUANCE ON BEHALF OF THE CITY IN ANY PENDING LITIGATION. RESOLUTION NO. 86-543 A RESOLUTION A RESOLUTION DESIGNATING AND APPOINTING THE FOLLOWING: THE CITY MANAGER, THE DIRECTOR OF THE FINANCE DEPARTMENT, OR THE RISK MANAGER AS THE PROPER CITY OFFICIALS TO SIGN MOTIONS FOR CONTINUANCE ON BEHALF OF THE CITY IN ANY PENDING LITIGATION INVOLVING THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.19 AUTHORIZE AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT AGENCY AND SENIOR CENTERS OF DADE COUNTY, INC. FOR COORDINATION SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM. RESOLUTION NO. 86-544 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT AGENCY, AN AGENCY OF THE U.S. GOVERNMENT, AND THE SENIOR CENTERS OF DADE COUNTY, INC. FOR THE COORDINATION OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION PROGRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT, WITH FUNDS THEREFOR NOT TO EXCEED $92,438.609 ALLOCATED FROM THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT'S GENERAL BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.20 AUTHORIZE AMENDMENT TO AGREEMENT WITH LITTLE HAVANA DEVELOPMENT AUTHORITY FOR PROFESSIONAL SERVICES. RESOLUTION NO. 86-545 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE AGREEMENT BETWEEN THE LITTLE HAVANA DEVELOPMENT AUTHORITY AND THE CITY OF MIAMI FOR PROFESSIONAL SERVICES OF SAID AUTHORITY IN THE DEVELOPMENT OF A LATIN QUARTER IN THE CITY OF MIAMI IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH THEREIN, THEREBY EXTENDING THE TERM OF SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: The minutes of the meetings of March 18 and 27, April 10 and May 29, 1986 were approved. 3. DISCUSSION AND TEMPORARY DEFERRAL OF BID ACCEPTANCE OF OCEAN BAY CONSTRUCTION FOR FORT DALLAS PARK (See label #72). Mayor Suarez: Item 81 Commissioner Dawkins Mr. Dawkins: Mr. Manager, on item 81 the engineer's estimate is $140,000. We have let the bid for $989250. What do you have to ensure that this bid will come in at $98,000 and that they will not get change orders to run it back up to $1401000? 7 July 10, 1986 . 4 Mr. Plummer: My agenda says $849000. Consent Agenda? Mr. Dawkins: Yes. Mr. Plummer: My agenda reads $84,995. Are we speaking of item 8 on the Mr. Dawkins: But the bid award fact sheet, Commissioner Plummer, comes to a total of $98,250. Mr. Plummer: Well, they can't go beyond the $849995 because that is the only thing we can approve today. Mrs. Kennedy: Well, the engineer's estimated construction cost is what is $1400000. Mr. Dawkins: That guy is $60,000 under. Mr. Cather: This estimate is considerably under the estimate prepared by the engineers. Mr. Plummer: We've noticed that in the last couple of months ever since the 5% rule went in. Mr. Cather: I didn't even prepare this estimate, so ... Mr. Plummer: I'm not saying who did, I'm just saying we've noticed it. Mr. Cather: The $98,250 is the total expenses incurred. The actual bid itself is $84,995. Mr. Dawkins: What assurance, what do you have built in to assure me that you will not come back to this Commission asking me to approve anything above the $84,000? because on your bid sheet it is a long range from $84,000 all the way up to $109,000. Mr. Plummer: They give you the same assurances that they could build a police substation for $5,000,000. Mr. Dawkins: That's why we're going to have some new people over there doing that, Commissioner Plummer. Mr. Plummer: I hope you're right. Mr. Cather: This bid goes from $98,000 to $144,000, there is a very large spread. If you look at the next sheet ... Mr. Dawkins: All I need to know, Mr. Manager ... Mr. Manager, we're wasting time here. Somebody tell me what assurances we have that this bid will remain under $84,000 or at $84,000 and that you will not come in for change orders to run it up? Mr. Cather: I can only assure you I will do my very best to see that we do not have any change orders and that it is constructed for the amount appropriated by the Commission, barring any emergency circumstances. Mayor Suarez: Is there any particular reason why the ... Mr. Dawkins: Pull 8 and bring it back for the next meeting. Mayor Suarez: A move to defer. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Before we vote, Don, as long as we've got you and as long as it was pointed out that the total cost is at $98,000 even though the actual bid is $84,000, why is that project expense item a separate item? Mr. Cather: Mr. Plummer has requested that we detail all of our project expenses in the estimate for the use of the Commission in informing them of exactly what ... 8 July 10, 1986 Mayor Suarez: But those are not internal expenses, those are actually out of pocket, are they? Mr. Cather: Well, some are out of pocket and some are internal charges. Mayor Suarez: I see, but we're trying to get a picture of the total expense including some of our internal costs, personnel and so on. Mr. Cather: Yes, sir. Mr. Plummer: In the past, Mr. Mayor, they had taken a percentage of every project for such things as postage, testing, internal workings, which I had always felt was unfair - it is just a flat percentage, and whether they use it or they don't there was too much leeway in there and that is why we asked that it be broken down and give exact numbers. Mayor Suarez: OK. It is a confusing figure, the project expense estimate. We have a motion and a second to defer. Let's call the roll on that first. Mr. Dawkins: Under discussion before the roll call, Mr. Eads, if you guys need this you can check with me before noon and I'll bring it back this afternoon. Mr. Jack Eads: Yes, sir, we appreciate that. We'll review it and get back with you. Mr. Dawkins: All right, then. Thank you, Mr. Mayor. I'll hold off. Mayor Suarez: OK, yes, why don't we postpone the vote on the deferral then until this afternoon, maybe we'll get a consensus to go ahead and pass the item. 4. AUTHORIZE MANAGER TO NEGOTIATE AND ENTER INTO AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE FOR DEVELOPING THE LIBERTY CITY EDUCATIONAL CENTER. Mayor Suarez: Item 9. Mr. Dawkins: Item 9, Senator Meek. Senator Meek has worked in the State Legislature and this Commission appropriated a half a million dollars in an effort to get a center for education in Liberty City in the area where we plan to this center, it is a deprived area and we really need it. We have how much for the State, Senator? What is the appropriation? $2.3 million from the State and with our half a million we can get something going so with that I move 9. Mr. Plummer: Well, OK, I second it but let's make the record very clear. This item was passed before this Commission and the money, as I understand it, is reserved and restricted only for this purpose, but there was a proviso in there, and that proviso was that whatever the City gave the County match, and the reason before, the reason this is before this Commission today is because once again the County has not lived up to their obligation. Is that correct? Mr. Dawkins: Yes, sir. Mr. Plummer: OK. So here again let the record be very clear that the City of Miami has lived up to its obligation of a half a million dollars for this worthwhile project but the County for whatever reason in their wisdom did not come up to their obligation. And we've got a little bit of a war going here, Senator and the more we document on the record I think the better we have a chance of winning. Senator Carrie Meek: Thank you. Mr. Dawkins: Move it. 9 July 10, 1986 Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Frank, has the County given any reason at all for not matching? I mean we've got a reference here to the infinite wisdom which I ... Mr. Castaneda: This was discussed back when the City of Miami made the allocation, the County never made a determination at that time and it has never been brought back to the County Commission. Mr. Dawkins: No, wait a minute, hold it hold it, like J. L. said, you have to clear the record. The Commission in its infinite wisdom decided to give x number of dollars to FIU for a center of excellency on 12th Avenue and 10th Street. OK? And at that time this Commission felt that if this Commission was going to donate dollars to FIU it should also donate dollars to Miami Dade Center over there. And at that time we said, we instructed the individuals who appeared before us that we would get them a half a million dollars if they got a half a million from the School Board, a half a million from Dade County and we would put our's in. Mr. Castaneda: Right, Commissioner, they did go to the County Commission at that time and the funding was not awarded. Mr. Dawkins: OK, so they went there. But see, you led them to believe that they didn't go and nothing was done. Mr. Castaneda: No, they went there back then and it was not approved about a year and a half ago. Mr. Dawkins: Well that's all J. L. said, it was not approved. OK? Thank you, Mr. Mayor. Mayor Suarez: Thank you, Senator, we'll take the vote on that. Call the roll. Senator Carrie Meek: Thank you. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-546 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COMMUNITY COLLEGE, FOR THE PURPOSE OF DEVELOPING THE LIBERTY CITY EDUCATIONAL CENTER; WITH SAID ALLOCATION OF $500,000 APPROPRIATED BY ORDINANCE NUMBER 9991 OF THE ELEVENTH (11TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND; FURTHER WAIVING THE CASH CONTRIBUTION REQUIREMENT OF $500,000 FROM METROPOLITAN DADE COUNTY AND DADE COUNTY SCHOOL BOARD, RESPECTIVELY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. *NOTE: Although absent on roll call, Commissioner Carollo indicated he wished to be shown as voting with this resolution. 10 July 10, 1986 Mayor Suarez: This is a great thing you have accomplished with the Le,islature, anvt-1mr- vni+ get 0.3 million dollars out of Tallahassee for something worthwhile, it is to be commended. Commissioner, what was the next item? 5. AUTHORIZE INCREASE IN CONTRACT WITH FRANK T MORAN, INC. FOR CONSTRUCTION OF CURTIS PARK SPORTSFIELD LIGHTING. Mr. Dawkins: Item 17. Mayor Suarez: Item 17. Mr. Cather: We have asked for Mr. Moran's contract retainage to be reduced according to the law to one-half of one percent because he has basically completed all of his work and is entitled to his retained money. We are also asking at this time that we be authorized to increase by $9,990, some additional controls suggested by the contractor and agreed to by the Parks Department, to improve the control of the lighting and we think it is an addition which will save us money in the long run. NOTE: Commissioner Carollo entered the meeting at 9:21 A.M. Mr. Dawkins: My only concern is why are you reducing the retainage from 10% to one-half of one percent? Why? Mr. Cather: Because he has basically completed all of his original contract work. He is entitled to his retainage when he has completed the contract substantially. Mr. Dawkins: OK. Mr. Plummer: Substantially or completed his contract? Mr. Cather: No, substantially completed the contract, there are still a few remaining items to be let. Mr. Plummer: Well, in other words that means he gets his money back and we may never get the job completed totally, is that correct? Mr. Cather: Nov sir, I'm saying that we have the job almost completely done. Mr. Plummer: Almost don't do it. Mr. Cather: It is well within the one-half of one percent. This job ... Mr. Plummer: Yes, but the 10% retainage has always been the City's leverage to make sure that the project was completed. Mr. Cather: I understand that, sir. Mr. Plummer: And I don't see any reason to deviate from that. We have too many open ended projects that never get finished and as far as I'm concerned, if you're going to hold 10% of his money until he gets it completed, he is going to do it. He's going to do it. Mr. Cather: What I'm saying to you, sir, is that he has completed that part that was included in his contract. Mr. Dawkins: Yes, but he did not complete the contract, so the contract, the agreement is that you hold 10% of his contract. He has not completed his contract. Now, the fact that you feel that he substantially completed his contract is not reason the for me to reduce his retainage to one-half of one percent. Mr. Plummer: Well, he's got a substantial amount of money if he got 90%. 11 July 10, 1986 Mr. Eads: Commissioner, if it meets with your approval, we'll recommend that in--=ase the contract to $Q,°Qn ?nd rot return the retainage until the work is complete. We'll be back to the Commission with it. Mr. Dawkins: Fine. Mr. Plummer: That's fine. Mr. Dawkins: With that change, move 17. Mr. Plummer: Second. Mayor Suarez: So moved with the modification. Seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-547 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND FRANK J. MORAN, INC., FOR THE CONSTRUCTION OF CURTIS PARK SPORTSFIELD LIGHTING IN AN AMOUNT NOT TO EXCEED $9,990.00, SAID FUNDS TO BE PROVIDED FROM THE "PARK IMPROVEMENT FUND" ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO REDUCE THE RETAINAGE ON THE AFOREMENTIONED PROJECT FROM 10% TO 1/2 OF 1%. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Yes, and please show me voting yes on item 9 also. 6. EXTEND AGREEMENT WITH COOPERS AND LYBRAND FOR AUDITING SERVICES. Mayor Suarez: Item 24. Mr. Dawkins: Item 249 I've got a problem with item 24, and my problem is this is the same firm that moved out of the City of Miami and moved to the County, and I said long ago that I didn't intend to let them make one penny off of the City of Miami when they were no longer paying taxes within the City of Miami, and now you come back with, which I thought was a new contract but which Mr. Garcia said is an extension of his contract. Do you want to explain it, Garcia, Carlos? Mayor Suarez: While you're at it, would you answer another question that is related? Could we award the rest of this contract only to the Samson Jacomina firm which I believe is located in the City of Miami, not Coopers and Lybrand? Mr. Carlos Garcia: That I will have to ask the City Attorney to address, my understanding is that the City contract is with Coopers and Lybrand, and in turn they have a contract with the two minority firms. 12 July 10# 1986 Mayor Suarez: That's the way it usually works around here, not necessarily the way it t.it, waN'. Mr. Carollo: Well, I think the problem is that if we either allocate the whole contract or none of it, because I think if we start allocating parts of it to some of their partners we are going to be running into some legal difficulties. Mr. Garcia: As far as Commissioner Dawkins' question, Commissioner, we are -7kira for an extension of the contract because there is a large number of changes that the City is going through at this time. There is a major reorganization within the City, there are going to be some major changes within the next year's budget, departments which are now in the General Fund will be Enterprise Funds. There may be some possible budget cuts and so on, so to train a new firm to do a first year audit requires a lot of effort and with all the changes that are going through the City we don't think this is the right time to change firms. That's why we're asking for extension of the contract. Mr. Dawkins: But I didn't tell you that I was not going to vote for Coopers and Lybrands long enough ago for you to have trained or worked with another firm? You see, Coopers and Lybrands not only moved from the City of Miami, they don't have no black CPA partners. And I've been raising hell about this. OK? And until you guys understand that minority does not mean women and Cubans without blacks. OK? Mr. Garcia: Commissioner, I don't know if Coopers has any black partners or not, but the W.B. Koon firm ... Mr. Dawkins: Well, if they did they would not have to have went out and hired a Cuban and a black to come in with them. OK, what percentage. Come up to this mike. What percentage of this contract will you have? Mr. Eugenio Samson: 42.5% Mr. Dawkins: 42.5%. All right, and what percent will Koons the black get? UNIDENTIFIED SPEAKER: 15%, sir. Mr. Dawkins: Bull! I mean come on. And this is what I keep saying every time you guys come up here. Now you bring a black up and you give him 15% and I'm supposed to accept it. Coopers and Lybrands did it. This is what I'm trying to tell you people. Mr. Plummer: Well, let's ask the reason why. Mr. Garcia: Well, they are the ones that decided how the contract was going to be split up. Mr. Plummer: Well, Sharon Brown is here, let's ask here. It is a perfectly legitimate question. Why was the Cuban or the Latin firm given 42 and the black only 15? There must be a reason. Ms. Sharon Brown: At that particular time that was commensurate with the manpower ability of those particular firms. The W.B. Koon firm has been able to grow on account of having this participation with us and we work with them on another of other engagements as well, and that was the manpower that they could provide at the time. The Samson Klein firm had more personnel with experience in governmental work and, therefore, were, able to contribute a significant amount. As you know, out of the entire contract Coopers and Lybrand has 42%. Mr. Dawkins: OK, let me ask you a question. Is this the first time you've said this to me? Ms. Brown: No, sir, I believe it is not. Mr. Dawkins: OK, so not being the first time that you've said it, it is obvious that you've done nothing to correct it because when you said it before you said you were only giving Koons 15% because of his manpower. Now knowing that I was dissatisfied with that, it appears to me that someone would either 13 July 10, 1986 have gotten Koons to get more manpower so that Koons could get more percent- age, or you'd have found another black firm with more people that could get more percentage. Ms. Brown: Commissioner, at this point in time it is still my understanding that there is not ... Mr. Dawkins: When does this contract run out? Mr. Garcia: The contract that we have in existence today will run out at the end of this year, 1986 - the contract that we have at this time, a five year contract. Mayor Suarez: Is it the end of 1986 or the end of the fiscal year? Mr. Garcia: It is for the fiscal year ending 1986. Mr. Dawkins: OK, so it goes out 187, October' 87. Mr. Garcia: Well, the fiscal year will end September 30, 1986 and then the audit will take place after that. Mr. Dawkins: What other? Mr. Garcia: The audit. Most of the work will take place after ... Mayor Suarez: Under the same contract they'll have to continue and complete the audit. Mr. Garcia: Yes, sir, that's right. Mayor Suarez: Why do we need two years, why can't we extend it a year, assuming this Commission saw fit? Mr. Dawkins: Why can't you extend it six months? Mr. Garcia: Well, it would have to be at least one year, we could not extend it six months. We felt it was better to extend it for two years. Mr. Dawkins: I'll tell you what...... Ms. Brown: Excuse me, Mr. Commissioner, I do want to correct one point though because I think it is a misunderstanding. Coopers and Lybrand does have two black partners that are currently the heads of two of our eleven industry groups at Coopers. Greg Moses happens to be the industry chairman of our health care industry. Mr. Dawkins: How long has he been with you? Ms. Brown: He's been with us probably nine years, I would suspect. Mr. Dawkins: Nine years? Ms. Brown: Now he is not based in Miami. Also ... Mr. Dawkins: Well, don't tell me about those blacks you've got farmed out some place else, I want to know about the ones we have in Miami. Ms. Brown: Commissioner, I don't believe ... Mr. Dawkins: That's OK, I tell you what. Mr. Mayor, I will move this on the contingency that the Finance Director get with Coopers and Lybrand and not reduce the Cuban piece from 42%, but some kind of way they take their piece and increase the black minority up to a minimum of 20%. Mayor.Suarez: This is in the form of a motion, so moved. Are you talking about a two year additional term or just one year? Mr. Dawkins: If they give Koons, the black group, 20% then I'll go along with the two year extension. 14 July 10, 1986 I Mrs. Dougherty: Commissioner Dawkins, would you also make that subject to certain technical compliance with the Code? Mr. Dawkins: And it must be approved by the City Attos—Lt _ J,:: gay rayuest is acted on. Mayor Suarez: So moved. Mr. Plummer: Excuse me, are you waiting for me? Mr. Dawkins: Nov I got a motion, no second. Mr. Plummer: Oh, I'll second the motion, sure. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Mr. Carollo: Can you go over the motion again, Commissioner, please? Mr. Dawkins: "Commissioner Carollo, the motion is I will move 24 if the Finance Director can sit down with Coopers and Lybrand and work out another deal where the Latin piece is not reduced from 42%, but that the black piece, Koons is negotiated to a minimum of 20%. Mr. Carollo: I think that is definitely fair. Mayor Suarez: Any further discussion from the Commission? That includes a two year term, I personally would have preferred a one year term so we can have a review, but at the very least I want to say, Carlos, that the next time this comes around I would want every firm to know that they're in the bidding for this and that they have a right to negotiate with us and to be considered, and not be told every time that well, to bring another firm in at this stage is very difficult because of the fiscal year and all of that. We want to do this competitively and it seems to me that some element of competition is missing from all of this and I know you've got a good reason for it but, and I know the firm has been doing it for quite a few years, I'd like to see other firms competing whether they're big 8 firms or not, I really don't care as long as they can do the work. Call the roll. The following• resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-548 A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO EXTEND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH THE CERTIFIED PUBLIC ACCOUNTANT FIRM OF COOPERS & LYBRAND WHICH UTILIZES THE MINORITY -OWNED CERTIFIED PUBLIC ACCOUNTANT FIRMS OF SANSON, KLINE, JACOMINO & CO. AND W. B. KOON & CO., FOR AUDITING SERVICES TO THE CITY FOR TWO ADDITIONAL FISCAL YEARS ENDING SEPTEMBER 309 1988; ALLOCATING FUNDS THEREFOR NOT TO EXCEED $1759000 FROM SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL SERVICES, EXTERNAL AUDITING SERVICES FOR EACH OF THE TWO FISCAL YEARS DURING THE LIFE OF SAID EXTENDED AGREEMENT; PROVIDING THAT THERE BE TECHNICAL COMPLIANCE WITH THE CITY CODE REQUIREMENTS, AS APPROVED BY 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- 15 July 10, 1986 LE AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kt.:nn , :,v Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. DISCUSSION AND TEMPORARY DEFERRAL OF DESIGNATION OF AN "ENTERPRISE ZONE" (See label #72). Mr. Dawkins: Mr. Mayor, I intended to pull 26, I'm sorry. Mayor Suarez: Move to open 26. Mr. Plummer: You pulled 26. Mr. Rodriguez: Do you want me to make a presentation? I'm sorry, I didn't hear you. Mr. Dawkins: Beg your pardon? Mr. Plummer: 26 is now open for discussion. Mr. Dawkins: Before you discuss it, I'd like to know why is it on this map that from 70th Street to 36th Street in the Manor Park area you're talking about an enterprise zone where mostly black single family homes are? Why we going to put an enterprise zone there? Mr. Rodriguez: I have to give you a longer answer than that. Ok? We have limitations as to what we can do. We had to adjoin the County enterprise zone which is on the boundary of the west of Model Cities. Mr. Dawkins: Nov we should, we don't have to. Mr. Rodriguez: Nov if we go with them we have to. Mr. Dawkins: If we go with them. Mr. Rodriguez: We have to be continuous to them and to be adjacent to them. By going with them we are including 20% of the City population, and what we try to do is establish areas that will include at least 40% residential and 40% commercial. In doing that what we did is establish an enterprise zone that will include all the areas that you have in the map, and as you can see them, they are contiguous to each other so we fulfill that requirement. The County Commission is going to act on this on July 15. They can act without your blessing. Mr. Dawkins: You know, that's just what the hell they did out there with the people in Rolling Oaks - act without people's permission. OK? Now, I think that before anything happens there should be a public hearing, and all these people in here should know that their single family homes that they spent money to pay for just like me, I only owe $3,000 on a house and now you're going to tell me that that is an enterprise zone, and I just may lose my home and have to go buy a damned $100,000 home. Mr. Rodriguez: No, what this...... Mr. Dawkins: If you put an enterprise zone and commercial crowds me out, I've got to leave and everybody else has to leave. Mr. Rodriguez: Let me try to explain this. What enterprise zone does is that it will give credit to businessmen, businesses and corporations that hire residents of those areas, basically. And in that sense it will give them only 16 July 10, 1986 estate tax credit. So we don't lose anything with this, we only gain being accepted as part of the tax credit system of the estate. Mr. Dawkins: All right, from 70th Street to 36th Street, what business areas do you have in there that business people can come into and develop businesses and get a tax write-off? Mr. Rodriguez: We have all the area of 62nd Street. Mr. Dawkins: 62nd what? And what could we encourage people to come in and put on 62nd Street? Mr. Rodriguez: For example, the things that you could do is, you can get corporations to donate money for local development corporations in that area and use that as a tax credit. You could get, for example, also businesses from that area to hire property owners or residents of the area and get tax credit from the State. we could get also as another incentive, for example, that if they expand or rehabilitate commercial buildings in those areas they could get a corporate income tax credit. So basically what this is doing is in a way of incentive, what we're giving in the way of a contribution by the City is the 40%, the certain amount of money that we have in Community Development Block Grant already allocated by you all would count as our local incentive, so it doesn't cost us anything and it can give us the possibility of attracting businesses. Mr. Dawkins: It doesn't cost you anything, but it costs me and my neighbors. OK? Now you just said 62nd Street. When you leave 62nd Street and go north you get to 63rd Street, residential. Mr. Rodriguez: Right. Mr. Dawkins: When you leave 62nd Street and come south you come to 61st Street, residential. Mr. Rodriguez: Right. Mr. Dawkins: Now, how can a business come in and develop a business on a one block area, I mean on both sides of the streets and be in business? You see, this is another one of these farces where you guys come up here and tell the public that this is for your best benefit and it's not. Mr. Rodriguez: The business can locate anywhere, but if they hire residents from those residential areas they will get a benefit. Mr. Dawkins: Wait, OK, hold it now. You just threw a curve in, now hold it now. So what you're telling me is, if we approve this today we're only approving it so that businesses that relocate to Miami or Dade County, and if they hire individuals who reside in this area they will get a tax write-off but we will not permit them to go in and destroy this area, is that what you're telling me? Mr. Rodriguez: They are not going to destroy the residential areas, no. Mr. Dawkins: Huh? Mr. Rodriguez: They are not going to destroy the residential areas. Mr. Dawkins: All right, where is that written in the ordinance? Mr. Rodriguez: The back up material that you have with you, in the second part gives you a description of the tax incentives which are offered and I can . . . Mr. Dawkins: No, I know what is in here, I just want you to show me in here where it says that we will not allow the residential area to be destroyed. That is what I need to see in here. Mr. Rodriguez: I don't know what we can do on that except to tell you that to change the zoning in an area you have to approve it, and a residential area cannot be changed to commercial unless the City Commission approves that. 17 July 10, 1986 1 "* Mr. Dawkins: So how can we have an enterprise zone then if we have not discussed zoning changes and what have you? Mr. Rodriguez: Because you already have established commercial zones throughout the City, and one of the requirements of this is that you have at least 40% of the area designated being commercial and 40% of the area being residential. Mr. Dawkins: All right, what is the time, what is the urgency on this? Mr. Rodriguez: The County Commission will act on this on July 15th. We received this a few days ago. They're going to transmit this to the State in January ... Mr. Dawkins: I move that this Commission request that the Dade County Commission does not hear this until a public hearing has been held in this area to determine how the residents feel about it. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded, any further discussion from the Commission? At the very least, it should be explained to the citizens of the area, it is difficult enough for us to understand the concept, but they ought to know that somehow their neighborhoods are not going to deteriorate because of the creation of an enterprise zone and I think the conclusion is fairly logical if that is the case, but people have to be convinced of that. Mr. Rodriguez: The only thing that I have to add to that, Mr. Mayor, is that the Commission has to send this to the State to be included; by going with the County we are guaranteed that we're going to be included and it has those benefits that, in the past, actually haven't worked that much but at this time at least they have more tax incentives than before and that there will be a hearing on July 15th which is on Tuesday, by the County. Mr. Dawkins: You know, we are sitting up here now arguing because the County does not appear to have the City of Miami's interest at heart. OK? They're doubling the garbage fees which they said they wouldn't do, now they're refusing to pick up indigent patients and take them to the hospital, which is their duty, and now you tell me that this good benevolent County, that I must acquiesce to them because they've got my interest at heart. I don't buy that. Mr. Rodriguez: Could you hold your vote until later on and maybe I can explain to you in more detail and give you a chance to see the pros and cons of this? Mr. Dawkins: Continue it until this afternoon. Mayor Suarez: What you're trying to tell us I think is that there is no down side and it wouldn't make much sense for us to delay the vote. OK. Mr. Dawkins: Mr. Mayor, I beg to differ. Mayor Suarez: That's what he's trying to argue, and he wants time to convince us of that. Mr. Dawkins: I beg to differ. You see, any time it gets to our neighborhood it is always, "If you don't do this the rest of the community will suffer." I mean I've been here five years. OK? Along come Urban Removal, bam, wiped out Overtown. Along come I-951 bam, finished destroying Overtown. Rapid Transit, bam. Then after Rapid Transit they come out there in my neighborhood, come down the middle of 27th Avenue - destroyed the value of property. But if"we don't do this we won't have rapid transit, and it doesn't service my area. And now you're going to tell me that the County is so concerned about my welfare that I have to trust them. No, I can't do that. Mr. Rodriguez: Give me a chance to explain to you later. Mr. Carollo: You know, Commissioner, the sad thing is that rapid transit not only did what you have stated that it did, but on top, of that it is losing over $90,000,000 a year that we're having to pay and it forces the millages 18 July 10, 1986 16 It up to the maximum, the County really can't raise it any more, how they're getting around it is by now appraising all of our property much higher than they have in the past and you know that in the last few years property values have not gone up at all except with the County and their appraisal. Mayor Suarez: OK, do you want to delay that until later on today or do you want ... OK, we're pulling that item then at this point. Thank you, Sergio. Are we finished with the Consent Agenda? I believe we are. 8. ALLOCATE $209000 TO BELAFONTE TACOLCY CENTER, INC. FOR SPORTS DEVELOPMENT PROGRAM TO YOUTH; FUNDED WITH MONIES PREVIOUSLY DESIGNATED FOR THE SUMMER DISCO SPLASHDOWN. Mayor Suarez: How many people are here, raise your hands, if you're here on Belafonte Tacolcy Sports Program? Mr. Carollo: I think we should take that up right now. Mayor Suarez: OK. Now any item having to do with the Community Development Block Grant allocations I believe is by nature an emergency item John, would you approach the mike. I gather that your fiscal year ends right about now or has ended already... Mr. John Bennett: Yeah it already ended. Mayor Suarez:..* and were you not to receive these funds that you would be in trouble and your program would be in trouble so I deem this to be an emergency item requested by Commissioner Dawkins and if the Commission wishes to take them individually, I have no problem with it, we could take up ... Mr. Carollo: I think we should take them individually. Before you begin, John, let me see if I could cut through some of the red tape here. The Mayor has the list of recommendations where he has recommended that you be funded at $72,900. I personally believe that the program that you have is one of the best ones in this state, and the need in this particular part of the City is such that we shouldn't fund it at 70 or 80 percent, that we should fund it completely at the 100 percent you've asked which is $91,190, and I'm willing to make that motion now. Mr. John Bennett: We appreciate that, Commissioner Carollo. Mr. Plummer: Mr. Mayor. Mayor Suarez: Commissioner Plummer. Mr. Plummer: I guess I've got to be negative. Mr. Dawkins: What was the motion? Mr. Carollo: The motion is for full funding, Miller. Mr. Plummer: The motion was to fund Tacolcy at the $91,000 level. Mr. Mayor, I think it is blatantly unfair, blatantly unfair to be allocating dollars today without a public hearing because this Commission made a promise to all of the people that if there were additional dollars made available that everybody would have a fair and equal chance to apply for those dollars. So I think it is blatantly unfair to those people that we made a promise to to do any, any allocation of additional funds that have been made available. Now, having said that I say to you that the youth program at Tacolcy is one of the finest programs that I know, but I know some other programs that this Commission cut out completely because we did not have the dollars, and they could make just as strong a case as what they are standing here today and doing. I think we have to remember that Tacolcy is the recipient of federal dollars of $19728,858. I don't know of another program in this community that is drawing that kind of money, and I think Tacolcy has to make some decisions. As you know, and I have stated for 16 years in a row, and I will continue to state, that as far as the social money is concerned I will first address to feed the hungry and we did not do that in its entirety this year. Secondly, 19 July 10, 1986 we will take and treat the sick. We did not do that this year. We cut out some very fine- Holy Cross Day Care Center was cut mit completely, and any moneys then left over we can talk about in sports and other programs. Mr. Mayor, I think that this Commission will lose credibility with all of those people who we made an absolute promise to that if additional moneys became available they would have a fair and equal shot at it, and I don't know how you can go back on that promise today. I think Tacolcy has the right to apply just like any other agency, but to do it without giving all the fair right to do it I think is wrong. I've made my statements for the record, this was not an advertised item on the agenda, this was brought about by pressure, by political pressure and as far as I'm concerned the day this Commission holds a public hearing that we guaranteed is the day Tacolcy should be here to vie like everyone else. Now, having said that, let me also say to you I think that it would be a very fine endeavor for them to pursue that kind of a situation through Parks and Recreation money. If that program which I know to be as good as it is, then let's go through the proper channels. The social revenue money is to feed the hungry and to take care of the sick. Now, I don't want to invoke the rule, but this is not a scheduled item and as far as I'm concerned we are not keeping our promise with the other people. Mayor Suarez: We've got somewhat of a procedural .... Commissioner Carollo, let Commissioner Kennedy speak, please. Mrs. Kennedy: Let me just ask the Manager if we have that kind of funds that we can give them through the Parks and Recreation. Mr. Odio: Could you repeat that question, please? Mr. Dawkins: Give it to him in Spanish, Rosario, so he'll understand it. Mrs. Kennedy: It loses something in the translation, huh? Can we find the $90,000? Mr. Odio: $90,000, I don't think so. I think the Department of Parks and Recreation at this moment have no more funds to give out. We are in the process of preparing next year's budget and if you want to include it in next year's budget then you can vote on it when we come up with it, but right now I don't know. Mayor Suarez: Commissioner Carollo. Mr. Carollo: I think what Commissioner Plummer has said, some of the points he has made deserve some consideration and have some merits. However, I don't agree with everything that he has said, and I think that some of the points that should be made are the following: (1) Out of the $315,000 that we have now, what the Mayor is recommending is that only $72,900 go to areas of the black community. I don't think it is correct when a quarter of this community is black and the rest going into the Hispanic community, that's not correct. I think we have to be fair in this Commission in distributing the funds that we have. Secondly of all. Secondly, I disagree with my colleague, and you know, he's right that we should give priority to feeding the needy and other areas, but you know once a young man or a young woman reaches 20, 21, 22 or older and after they've been arrested two or three times and maybe get in trouble with drugs or get into some other vice, it is a little too late most of the times to reach their lives, and then it is going to cost you 100 times more to maybe turn that around to what it could cost now. And if this community, if this City does not start investing in its youth at an early age then we're going to be paying a heck of a lot more later on when some of those youth go wrong because we disregarded them when we should have not. So I think that seeing the problems that this community is facing and seeing the problems that inner youth of this community are facing, the challenges that they're facing, the temptations that they have, I think it is going to be quite naive of this Commission if we don't start investing our funds in the youth of this community now when we could do some good and make some changes. Mr. Plummer: Mr. Mayor, if I may. I just have one statement and I agree completely with my colleague Commissioner Carollo about his statement about investing in youth, and I guess really for the record what I have to say is the $1312000 that we invested in the youth at the Holy Cross Day Care Center which was wiped out this year and now are out completely, as far as I'm concerned that was an investment in youth and some of the programs had to go because of the shortage of funds, and as we see it is going to get worse and 20 July 10, 1986 0 0 worse and worse. It is not of our making, it is not of what we want to do but 7 '-1,-t yes, you've got tc mak,a that investment to the amount of dollars that you have. Mr. Carollo: I think you're right in what you're saying and I think there is enough funds here to also fund the Holy Cross Center. Mayor Suarez: They got $50,000 out of 140 some. Let me tell you one other thing. No, I'm talking about Holy Cross, John. Yesterday we had the Community Development Department check for us what different target areas of the City obtained by way of the CD funds that we're allocating now, and it really does not show a pretty picture for Model Cities - Allapattah $270,000, City-wide $670,000, Coconut Grove $120,0009 Downtown none, Edison Little River $50,000, Little Havana $123,000, Model City none, not one penny and total Wyndwood $246,000. So while I understand Commissioner Plummer's concern about the procedure that we have followed, it has been a lengthy procedure, we have given as much ample hearing to every possible organization as you can give, we've had a total of, I think it is the fourth time that in open forum we consider this, and I think if it was any other item, Commissioner Plummer, I would understand. I appreciate your not having invoked the rule. If he invoked the rule this Commission could not consider this item because he has not been given the five days advance notice of it and unless we were able to deem that it was truly an emergency, we would have to defer the item or continue it and reconsider at another time. But we've had a series of hearings that, you know, we have heard from every group and we have a pretty good idea where the priorities lie. So I think for myself I'm ready to vote. We don't have a second on that motion, by the way, if somebody wants to second it at least we have it on the table. Mr. Carollo: No, I think Commissioner Plummer seconded it for the purpose of discussion. Mayor Suarez: Commissioner Carollo, do you want to add anything? Mr. Carollo: I'd just like to say that I think Commissioner Plummer's intentions are in the right place. I think what he is talking about is following procedure that this Commission has stated that we were going to follow before, and I could certainly understand his feelings in that and the commitments that he has made to every other group that has been requesting money in this community to commit to following' that procedure. I, however, feel that the inner city youth particularly in the black areas of this community have not gotten anywhere near where they should and that's why I don't feel that we should fund 70% or 80% as the Mayor has suggested, but fund it 100%0 and I'm willing to vote on that now. If Commissioner Plummer would like to have this held back that's his prerogative, and I could certainly respect him for that and understand his feelings. Mr. Plummer: May I offer a compromise so that this Commission can keep faith? May I offer a compromise that says that we fund them until such time as the public hearing? We've done that in the past, one -twelfth or two -twelfths or whatever it is and also, I want to correct for the record, Mr. Mayor, Tacolcy might not have got or Model Cities might not have got from this Commission the monies that you spoke about, but I am reading from the tally sheet of all of the monies that they have received from HRS, from the United Way, United Way, United Way, Dade County Criminal Justice, Child Development, SYETP, FRS Youth Vocation Program and Community Development they have, in fact, received $1,7289858. Now I see him shaking his head and he might dispute it, but this is the paper I was given by my professionals that say at the top Belafonte Tacolcy Center, Inc. Mayor Suarez: What is the total yearly funding? Mr. Bennett: Those figures arise in the summer time, that is the youth program that we receive through the City of Miami and some other grants that are not year round grants, and so that is why the figures ... Mr. Plummer: But that's what your total funding for last year was, you are acknowledging that? Mr. Bennett: Yes. 21 July 10, 1986 Mr. Plummer: So what I'm putting on the record, the Mayor said that in Model Cities there were no monies. Mayor Suarez: No, I was talking about Community Development. Mr. Plummer: Community Development, according to this, Mr. Mayor, they got $919190. Mayor Suarez: I don't know why our department didn't provide that ... That was eleventh year? Mr. Bennett: Yes, last year. Mr. Plummer: Well, but I'm saying is don't say on the record that they didn't get anything, they got $91,900. Mayor Suarez: Please, please. Yes, Commissioner Dawkins. Mr. Dawkins: Mr. Mayor, I take offense to the way this is being handled. Now as soon as a group of us come down everybody gets excited, but I sit here and argue and raise hell by myself and nothing happens. Now, I take offense that $919000 is nothing. I mean what are we going to do next year? You're giving them $91,000 now, what we going to do next year? Nobody is sitting up here saying that next year is another year, give them $919000 for this year and then what next year? I don't like the way it is being handled. All right? And I will be saying again this afternoon that I don't like the way it is being handled. You've got a park that they are building down here in downtown Miami, this Commission sat up here and voted $5.5 million dollars tentatively to spend in the park downtown, and those of you at Tacolcy can walk down the streets and see that Range Park is unserviceable. Nobody is concerned about making that park serviceable where when you leave Tacolcy and walk down there you've got something to do. They also, we the City of Miami, gets one million dollars a year from Rouse Company, they're also putting that into this park. None of it is going to our parks. They're also talking in terms of taking 5.5 million dollars that we are supposed to get for the rights to let a bridge be built in the City of Miami, they want to put that in that park, and the same people we're talking about helping, they have no transportation to get to that park. So if they took the $5.5 million dollars and bought a CD with it, even at 8% if you just left it in the bank you'd have $400 with which we could upgrade our parks. So let's don't come down here now and go for the Oky-doky, don't let nobody sell us no bill of goods. Now, I have to concur with J. L. The proper way to do this is have a hearing and you put in for your request and then you can see who your friends are. You can see if you got $919000. Go through the proper procedure and then you know what's what. Don't come down here and let somebody just throw you a bone. Now, if this Commission is really sincere ... Where is the gentleman over Parks and Recreation? No, Mr. Manager, how much money is left in this splash down fund? Mr. Odio: I'll have to check, Mr. Commissioner, we have one splash down. Mr. Dawkins: And we had eight some thousand dollars scheduled for the splash down? Mr. Odio: I think it was 60. Mr. Dawkins: 60? So you divide three into 60 you get $20,000. Mr. Odio: Yes, sir, we have $40,000, $20,000 apiece. Mr. Dawkins: All right, why don't we have one splashdown and give $20,000 to Tacolcy to operate with until we have the hearing? Mr. Odio: Sir, you tell me what to do, it is fine with me. Mrs. Kennedy: If you're putting that as a motion I will second that, Commissioner. Mr. Plummer: It is fine with me. Mrs. Kennedy: I think that all the moneys ... 22 July 10, 1986 0 lit Mayor Suarez: We have a motion and unless the moving party will allow his motion to be substiGutea .... Mr. Carollo: Mr. Manager, let me ask you this since we're all heading in the same direction. Which would make more sense if we're going to do it this way now, doing it with taking some moneys from the splashdown or maybe doing it where we fund them, as we've done in the past with others for one -twelfth until it comes back again? Mr. Odio: Well, I'm not a great believer in splashdown because you're forcing a situation. Mr. Carollo: Then let's do it this way with the $20,000 from the splashdown. Mr. Odio: Yes. Mr. Dawkins: The reason I say that, Commissioner Carollo, is there again the splashdowns were the direct results of a meeting like this. OK? Mr. Carollo: Sure. Mr. Dawkins: During the riots they decided well how can we cool black people off, let's take them to the beach and whatever you have, and you know, these people, they're not into that now. Now how many of you have been to the splashdown? See, all right, there you are. They're not into that. Mr. Carollo: OK, I will substitute my motion to reflect that but at the same time let me say that I am fully committed when this comes up again to fund the full $91,190. Mrs. Kennedy: Let me say, Mr. Mayor, that I believe that the money that we invest in our youth is never wasted and if we don't take care of our youth who else will? And let me address Commissioner Miller's concern on the parks, that I will personally, and we can work this together, campaign and do whatever it takes, if we need to put a general obligation bond on the ballot we'll take care of your parks also, and that's a promise. Mr. Dawkins: We're going to take care of them because I'm going to see that nothing else gets done until we correct them. Mayor Suarez: Mr. Turner, as we always say here, at the risk of losing momentum here you might want to make a statement, I believe that eventually we'll get to reflecting that the consensus is also to have the whole CD allocation be brought back on the 24th of July to have the full hearing at that point. In the meantime, we have figured out, it looks like from the consensus of the Commission, ways to keep the program going to at least the rest of this month. Mr. Turner. Mr. Dawkins: Let's hear Mr. Turner, so when I go to the School Board I know what to ask him for. Go right ahead, my brother. Mr. Bill Turner: Thank you. Mr. Mayor and fellow Commissioners, you wouldn't have seen me this morning had I not been concerned, not necessarily about Tacolcy and its problem, but about the problems in Liberty City. You ought to go there sometimes, and if you don't, if you want to go I'll take you. Mr. Plummer, I want to sincerely thank you for not invoking the rule, I really do because if you had we couldn't have made the progress that we're going to make this morning as I gleam from what I'm hearing. So I want to sincerely thank you for not invoking the rule. Mr. Plummer: Wait a minute, let's don't let him off the hook. Let's talk about Miami High. No, no, you're talking about deep pockets, let's go all the way. Mr. Turner: Mr. Mayor, we spent a fortune in Miami High, if you walk into the auditorium you'll see that it has been renovated, the seats have been changed, the building has been painted. Now you talk about schools, I can go from Florida City up to Biscayne and tell you what needs to be done in everyone of them. Mr. Dawkins: But don't tell us, tell your School Board members. 23 July 109 1986 Mr. Turner: We're on the budget now, Miller, we're looking at one billion, twn hundred seventy-eight million, five hundred seventy-seven .... Mr. Plummer: That's all? Mr. Dawkins: And Mr. Turner, needs the same support at the School Board that you've given us here. Get down there to the budget hearings and let them know that you support him. Mr. Carollo: J. L., let me say this to you, I know from experience what a heck of a campaign manager Bill Turner is so hold your peace. Mr. Plummer: So do I. Mr. Turner: J. L. is my friend and all of you are so I don't threaten people, I don't like to be threatened and I treat people like I want to be treated but I ain't taking no foolishness. Mayor Suarez: Please, please, Commissioner Dawkins. Mr. Dawkins: Mr. Manager, did you find out what the total is of the splashdown? Mr. Odio: $60p000, we've got $40p000 left. But we have one splashdown, I was just checking, that we are committed to because of contractual obligations so we can eliminate one. Mr. Dawkins: We can eliminate one. Mr. Odio: Yes, sir. Mr. Dawkins: Then who is going to work with Mr. Bennett to work out how he can get $20p000 or one half of whatever is left? Mr. Odio: No, he's got the $20,0009 no problem at all. Mr. Dawkins: Who can he go over to now and cement this? Mr. Odio: He can go see Jack Eads right now. Mr. Dawkins: All right, go see Jack Eads, sir. Mayor Suarez: OK, let's take a vote on the motion. Mr. Bennett: Mr. Mayor and Commissioners ... Mayor Suarez: At the risk of losing momentum, you know how it is here. Very smart. Please call the roll on that motion. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-549 A RESOLUTION ALLOCATING $209000 OF SPECIAL PROGRAMS AND ACCOUNTS; QUALITY OF LIFE FUNDS DESIGNATED FOR THE SUMMER -DISCO SPLASHDOWN TO BELAFONTE TACOLCY CENTER, INC. FOR THE PURPOSE OF PROVIDING A SPORTS DEVELOPMENT PROGRAM TO YOUTH FROM THE MODEL CITY TARGET AREA OF THE CITY OF MIAMI; 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 Kennedy, the resolution was passed and adopted by the following vote- 24 July 109 1986 v AYES: Commissioner Joe Carollo Commissioner J. L. Pluimaer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 9. SET PUBLIC HEARING FOR EXTRA COMMUNITY DEVELOPMENT DOLLARS FOR SOCIAL SERVICE AGENCIES. Mr. Plummer: Mr. mayor, may I make a motion at this time? I don't know if we can do it July 24th, but I'd like to make a motion that a public hearing be scheduled for the distribution of the additional dollars that have been forthcoming, can you do it by the 24th? Mr. Odio: Yes, sir. Mr. Castaneda: Commissioners, what I would do is prepare the advertising for July 24th, and I would also have a meeting of the CD Advisory Board hopefully next Wednesday, so you can have their input as well. Mr. Plummer: All right, I'd like to make a motion at this time that this Commission hold a public hearing for the additional CD funds that have been made available on July 24th at 2:30 in the afternoon. Mr. Carollo: Second that motion. Mayor Suarez: So moved and seconded. Mr. Plummer: And Mr. Mayor, that goes with the promise of this Commission, Frank, that you will be notifying all of those people who received a promise of this Commission that if additional funds were made available that they would have their fair share and equal shot at them, and I assume through public notice you have to make it available to all agencies of the public. Mayor Suarez: So moved and seconded, any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-550 A MOTION OF THE CITY COMMISSION DESIGNATING JULY 24, 1986, AT 2:30 P.M. AS THE DATE FOR A PUBLIC HEARING TO BE HELD AT CITY HALL IN CONNECTION WITH DISTRIBUTION OF THE EXTRA C.D. DOLLARS WHICH HAVE BECOME AVAILABLE; FURTHER DIRECTING THE ADMINISTRATION TO NOTIFY ALL SOCIAL SERVICE AGENCIES. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 25 July 10, 1986 Mayor Suarez: Looks like we'll see you on the 24th of July again. 10. DISCUSSION REGARDING MAKING THE TACOLCY PROGRAM A CITY PROGRAM (See label #8) Mr. Bennett: Mr. Mayor and Commissioners, we somehow feel like step children in the Liberty City area because we are a City -owned facility yet we are not in the City Parks and Recreation budget, and we'd like to remedy the situation so we won't come back next year and you say there are no CD funds, we'd like to get on to be funded through the regular budget, the Parks and Recreation budget. Mayor Suarez: John, I hear the consensus of this Commission heading in that direction but it is not the moment to discus that. Why don't we hold that because I hear two or three Commissioners saying precisely that, and it doesn't make any sense for you every year to have to come with your hands out to try to get CD moneys when it is a City program, it is a City -owned facility and it makes a lot of sense, I think we ought to take that up. Mr. Dawkins: But if they fund it, John, I want you to think in terms of the City of Miami hiring employees put in there just like they do in any other park, so you've got to think of that now when you start talking... Mayor Suarez: That sounded like a pretty convincing argument there from your reaction. Mr. Bennett: Thank you very much for having us here today and we know that we're not on the agenda so we appreciate what you've done. Thank you very much. Mayor Suarez: Thank you, Mr. Turner, do you want to add anything? Mr. Turner: Mr. Mayor and fellow Commissioners, I'd like to also thank all of you for the positive position that you've taken here this morning and I want you to know that we certainly appreciate it. Mayor Suarez: Thank you, sir. 11. EMERGENCY ORDINANCE: ESTABLISHING "PARK FEES" FOR USERS OF VIRGINIA KEY PARK. Mayor Suarez: Item 27. Mr. Odio: Yes, sir, as you know, we have opened Virginia Key Park to the public and we are recommending at this time that we begin to charge a $2.00 per car, $6.00 per bus and $1.00 per person walk into the beach, so that we can pay for the expenses to man that huge park. I want you to know that's why I don't have any money in the Parks Department, it is going to take until the end of the summer about $300,000 just in manpower alone to keep the lifeguards, security and clean up in that park plus recreation. Mr. Plummer: Mr. Odio, where this City is now trying to come about everything in enterprise funds, will those fees as you outlined make that park on an enterprise fund? It seems low to me. Mr. Odio: It is low, we are going with what the rest of the County is charging for admission to public beaches and we recommend that we go with these fees now and see how we come out at the end of the year. Mr. Plummer: Well, it would seem like to me the one area that I've got concern about is that the $2.00 charge per car but it seems like to me it should be $1.00 per person in that car or the $2.00 includes the driver. 26 July 10, 1986 46 0 Mr. Odio: We considered that and I agreed on that and I explained to you why, Commissioner. We're gums to have I. Qoide coif acting monE) s at she gate . Mr. Plummer: No, that's not what's going to happen to you. What's going to happen to you is that they're going to park three cars out at the gate and 48 people are going to get in one car and get in for two cars. Mr. Odio: Well, if they're pygmies. But think of this, and it is a question of control and we thought of fifty cents per person. What happens is you have a car show up at the gate, somebody at the gate is collecting that money and there is no way we can account for those funds collected there because who knows and how do you account for the people inside a car? Where with a car once that gate goes up you are counting cars and it is easy to account for the moneys, and that's the reason. It is a question of accounting. Mr. Plummer: I'm not talking to the honesty or the integrity of the gate keeper. Mr. Odio: But I am. Mr. Plummer: I am speaking to the enterprise funds that it seems logical and reasonable that the fees should be an enterprise fund to pay for those people who are benefiting by that recreational area. Mr. Odio: Just consider this, Commissioner, I thought of this a lot before I brought it to you. You have a car can show up with 6 people inside, that's $3.00 and a dishonest gate keeper and takes $2.00, puts it in the kitty and the other goes someplace else. We have no way of accounting for the number of people inside a car. Mayor Suarez: That doesn't seem to be what the Commissioner is talking about, he's talking about the possibility of making the whole operation into an enterprise fund. Are you saying that you want to have a track record of some number of months operation to see if it can be self—sustaining? Mr. Odio: We just don't know how many people are going to attend the park, we don't have any idea at all right now, I don't have any idea how many cars ... Mayor Suarez: How was that first opening the other day on July 4th? Mr. Odio: How many people did we have there? Mr. Eads: The parking lot was full, it had a very good turnout, Mr. Mayor. Mayor Suarez: There was no charge that day? Mr. Eads: No, sir. Also, when you're considering this ordinance you have to take into account that Dade County charges $2.00 per car at Crandon Park right down the street, and we certainly don't want to price ourselves out of the market. Also, the park is in a three phase development stage and we'd like to get in, get started, get some experience and then come back to you. Mayor Suarez: Commissioner Plummer, do you want to, if we approve this item, add that they should consider reviewing the operation of the park and consider it in the future for an enterprise fund? Mr. Plummer: Mr. Mayor, I thought that I sensed the feeling of this Commission in the last couple of meetings after we heard the great and honorable Bob Martinez... Mayor Suarez: I was afraid you were going to bring that up. Mr. Plummer: Well, no, I'm not afraid to bring it up. The way he keeps his millage down is coming to enterprise funds, and as far as I'm concerned I think it is a very good basis. I'm not picking on this particular park or any other particular park, but I believe, you know, that they should have to pay their way. Mayor Suarez: Well, let me just say this, I agree with the general philosophy of what you're saying but it is not really enterprise funds, the concept, the concept that he made work in Tampa is the concept of charging fees where 27 July 10, 1986 4 1 0 people are using something where maybe the rest of the citizens are not as much and we're doing that in this case, whether we later go to an enterprise fund ... Mr. Plummer: I'll go along with this today as long as I have the assurance from the administration that they will review it and come back with an adjusted fee next year. They could be down, it could be less. OK? Mr. Odio: It could be, we'll come back to you with figures after experience of the first year. Mr. Plummer: That's fine, I have no problem. Mayor Suarez: OK, we have a motion to that effect. So moved. Mrs. Kennedy: Second. Mayor Suarez: Second. Any further discussion from the Commission? Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING "PARK FEES" TO BE ASSESSED USERS OF THE CITY'S VIRGINIA KEY PARK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Note: Although absent on roll call, Commissioner Carollo later requested of the City Clerk to be shown voting with the Motion. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10120. 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. 12. SECOND READING ORDINANCE: PROVIDING FOR THE FINANCE DIRECTOR'S AUTHORITY TO PURCHASE AND INVEST IDLE FUNDS PRUDENTLY. 28 July 10, 1986 C f Mayor Suarez: Item 28, second reading. Mr. Odio: This represents an effort to amend the City Code. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll on this item. Read the ordinance first, please. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SUBSECTION (b) OF SECTION 18-2 OF SAID CHAPTER, PROVIDING BY SAID AMENDMENT TO PURCHASE AND INVEST IDLE FUNDS PRUDENTLY IN: BONDS AND OBLIGA- TIONS OF AGENCIES OF THE UNITED STATES, PROVIDED SUCH ARE GUARANTEED BY THE UNITED STATES OR BY THE ISSUING AGENCY; GENERAL OBLIGATIONS OF STATES, DISTRICTS, OR OTHER POLITICAL SUBDIVISIONS; REVENUE AND EXCISE TAX BONDS OF THE VARIOUS MUNICIPALITIES OF THE STATE OF FLORIDA, PROVIDED NONE OF SUCH SECURITIES HAVE BEEN IN DEFAULT WITHIN FIVE (5) YEARS PRIOR TO DATE OF PURCHASE; NEGOTIABLE CERTIFICATES OF DEPOSIT; BANKERS ACCEPTANCE DRAFTS; OR PRIME COMMERCIAL PAPER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Note: Although absent on roll call, Commissioner Carollo later requested of the City Clerk to be shown voting with the Motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10121. 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: Following a very brief discussion by Carlos Garcia, Director of Finance regarding item 29, the item was withdrawn. 13. SECOND READING ORDINANCE: REVISING THE FEES FOR GOLF COURSES. Mayor Suarez: Item 30. Mr. Odio: These are green fees, this is an effort to restructure the fees. Mayor Suarez: Second reading on the ordinance on green fees increase. These are competitive with the private sector and so on. Mr. Odio: Yes. And again, trying to get to the black areas, profits. 29 July 10, 19$6 Mrs. Kennedy: Does it make a difference if you are a City of Miami resident or not? Mr. Odio: Yes, it does. Mayor Suarez: What is the differential, more or less? -typically, because I am not a golf player. Mr. Odio: Do you know, Al? Mrs. Kennedy: I'm not either. Mr. Odio: Oh, he says we eliminated that now and you pay the same fees. Mr. Al Howard: We've gone similar to the county, we used to have resident fees and nonresident fees, but actually we found we were losing money because some of the people wouldn't come over there so it is one flat fee for everybody now whether it is a daily greens fee or an annual resident fee. Mrs. Kennedy: I just brought it up because it would be nice to give our taxpayers a break if we can legally do it, I don't know. Mr. Howard: We have in the past, but finding over the period of a year we had resident fees we actually lost money, so we felt if we went back to it, the fee is so moderate for residents and nonresidents that we really don't have to have a difference there. Mr. Plummer: Mr. Manager, is this the golf courses, are they breaking even? Mr. Odio: No, and that's why we're going, we need ... Mr. Plummer: Will this make them break even? Mr. Odio: I don't think so ... Mr. Howard: It will have an impact though .... Mr. Plummer: I did not ask the question of an impact. Mr. Odio: It will not break even with these fees. Mr. Plummer: Well, then it is out of line. How does this compare with the private sector? Mr. Howard: It is just about even with the private sector now. Mr. Plummer: Why does the private sector make money and we don't? Mr. Howard: Well, I don't know if the private sector is making money, there are only a few golf courses that are actually making money. You know, some of the corporations have gone into operating courses that had a deficit. Mayor Suarez: You're talking all of this, by the way, just so we clarify, it is not including debt service, I presume there is no private golf course that could make money if it had to pay ... Mr. Odio: We are studying the possibility of doing spmething else with the golf courses. We'll come back to you ... Mr. Plummer: Look, maybe I'm all wrong and maybe Bob Martinez is all wrong. OK? But I'm telling you that the City of Tampa and I love the idea of a 4.4 millage. Mr. Odio: Me too. Mayor Suarez: Ditto here. Mr. Plummer: OK? And as far as I'm concerned, he primarily did that with enterprise funds. 30 July 10, 1986 4 0- Mr. Odio: Mr. Commissioner, may I say something to you, sir? I will have in writin6 to you a report on the City of Tampa and how they've done it and why is the millage 4.4. I sent three people there. ... Mr. Plummer: Look forget about Tampa. Forget about Tampa, that's where the key and seed was planted. Now, all I'm saying to you is it is only reasonable in my estimation that the people who enjoy the use of that golf course should pay for it. The taxpayers, I would say maybe one percent, if that, of the people of this City play golf on either one of those courses. Mr. Odio: You're right. Mr. Plummer: OK. Now, why should the taxpayers pick up, 992 who don't utilize those facilities, pick up the tab for that 12? It is wrong. Now, either the golf courses and all of the rest are going to at least break - I'm not asking you to make a profit, not at all - but I'm asking you to break even. Don't make the ad valorem taxpayer pick up the benefit for 12 of the public. It is wrong. Mr. Odio: I promise you, Commissioner, and let me tell you one thing first. I would love to increase the fees even more but the danger is that we would market the golf course out, people wouldn't use it. Mayor Suarez: You know, you might find in doing all of this, in going along with Commissioner Plummer's thinking, that as a City becomes more and more dense and urban, having a golf course as a public facility is almost unaffordable, really and that particular location is so close to areas where the land is so valuable. Mr. Plummer: Well, one of our golf courses isn't even in the City of Miami. Mr. Odio: Miami Springs and it is a real funny golf course because ... Mr. Plummer: But you can't sell it. OK? You can't sell it because of the fact that the whole of south Florida derives its water supply from underneath that golf course and I understand that. OK? Mayor Suarez: Well, then do like the County and ask them to pay us for all that nice water supply. Mr. Plummer: That is going to be one of the negotiations. Yes, sir. Mayor Suarez: For keeping those green areas and the rain fall. Mr. Plummer: Yes, sir, just like the million dollars that we have to put into the Government Center Garage because they didn't live up to their obligation of parking their vehicles there after they promised they would. We're going to use all of that. Mr. Eads: We understand your direction on the basis of fees, I think we also have to address the cost of operation and that is what we're addressing right now. We're concerned to where we come to a bottom line that is black, we understand that. Mr. Plummer: All I ask is break even, that's all. Mayor Suarez: Do you want to read the ordinance? Do we have a motion and a second? Mr. Plummer; I'll move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Read the ordinance and call the roll, please. 31 July 10, 1986 4 AN ORDINANCE - AN ORDINANCE AMENDING SUBSECTIONS (A) AND (B)(1) AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES" AND SUBSECTION (A) OF SECTION 30-55, ENTITLED "SPECIAL RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES, AND PROVIDING THAT TIMES FOR TWILIGHT GREEN FEES BE ANNOUNCED BY THE CITY MANAGER FOR BOTH WINTER AND SUMMER SEASONS, WHICH SHALL BE NO EARLIER THAN 2:00 P.M. AND NO LATER THAN 5:00 P.M.; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Note: Although absent on roll call, Commissioner Carollo later requested of the City Clerk to be shown voting with the Motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10122. 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. 14. SECOND READING ORDINANCE: AUTHORIZING CITY MANAGER TO ISSUE NON- EXCLUSIVE TEMPORARY PERMITS IN CITY PARKS FOR SPECIAL EVENTS. Mr. Odio: 31 is a second reading. Mr. Plummer: All right, let me ask a question on 31. It says here to issue temporary non-exclusive concessions by permit in the City parks for special events. I don't find the wording in there where concessions already exist. Mr. Odio: Where concessions already exist, they would be excluded and I'll put words in there to that effect. Mr. Plummer: In other words what I'm saying is you can't issue temporary permits in a park for a special event where there is already a concessionaire who has the rights. The Marine Stadium is the prime example. Mr. Odio: OK, that's understood. Mr. Plummer: With that proviso and amendment I move 31. Mayor Suarez: So moved. Do I hear a second? Please give me a second. Item 31 has been moved, we need a second on it. Mr. Dawkins: Second. Mayor Suarez: Seconded. Moved and seconded. Any discussion from the Commission? 32 July 10, 1986 Mr. Dawkins: Seconded with the proviso stated by Commissioner Plummer. Mayor Suarez: With the amendment suggested, item 31 has been moved and seconded. Read the ordinance, please. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 38-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ISSUE TEMPORARY NON- EXCLUSIVE CONCESSIONS BY PERMIT IN CITY PARKS FOR SPECIAL EVENTS; FURTHER PROVIDING FOR THE CITY COMMISSION TO ESTABLISH A SCHEDULE OF CONCESSION FEES AND COMPENSATION FOR THE GRANTING AND EXERCISE OF CONCESSION PRIVILEGES IN THE PARKS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10123. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 15. SECOND READING ORDINANCE: ESTABLISH NEW FUND "RECREATION ACTIVITY 1985- 86". Mr. Plummer: I'd like to defer 32, we don't have a breakdown of any sorts, Mr. Mayor, on 32 as to where that $100,000 is going. Mr. Odio: No, let me explain that one to you, Commissioner. These are moneys that we are going to collect in fees from the public and we need a trust fund account in the Accounting Department to place those funds there and that is a collection item, we are not expending. Mr. Plummer: It is strictly establishing the fund? Mr. Odio: That's all. Mr. Plummer: And no moneys can be dispersed without Commission approval? Mr. Odio: No, of course not. Mr. Plummer: Then I'm sorry, I misunderstood, I move 32. Mrs. Kennedy: OK, and you will tell us how much will go for administrative expenses and how much actually for recreational purposes... Mr. Odio: Well, this $100,000 is fees that we are collecting and will help defray costs in the Parks Department, yes. 33 July 10, 1986 0 0 Mevor S,+pr--- IJP mnvA very_ fast when it come to collecting money as opposed to dispersing them. Moved and seconded, is that UK, a secondi Mrs. Kennedy: Yes. Mayor Suarez: Any further discussion from the Commission? Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "RECREATION ACTIVITY 1985-86", AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE MOUNT OF $100,000 COMPOSED OF REVENUES COLLECTED FROM PARTICIPATION FEES, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10124. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16. AMEND THE CODE BY CREATING DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES. Mayor Suarez: Item 33. Mr. Plummer: There was, Madam City Attorney, a provision to be put in here that the enterprise funds of the Yachts and Marinas was to remain as such and would not be combined. Has that been done? Mayor Suarez: We want that put in and specified in the actual resolution. Mr. Plummer: It was supposed to be added prior to the second reading and that is why I am asking. Mr. Odio: This is just creating an administrative structure, it has nothing to do with funding whatsoever. Mr. Plummer: I would like that written into it, a certain individual has been running around saying that ... a certain individual has been running around stating that this is a way to rob the fund of the money. Mrs. Dougherty: That will be incorporated, as amended at this reading. Mr. Plummer: Well, excuse me, Madam City Attorney, at the first reading you were instructed to include it in the second reading. Mrs. Dougherty: I didn't do it, so I will include it and bring it back this afternoon if you'd like. Mr. Plummer: Give me the wording. 34 July 10, 1986 Mr. or Suarez- I'm not sat e _il,e was, but we certainly made that general statement and it might be a good idea at this point. Mr. Odio: Why don't you just say that the enterprise fund will remain enterprise fund for the Marina Department as before? Mr. Plummer: I move it as amended. Mrs. Kennedy: I second. Mayor Suarez: Amended and seconded, that satisfies your concern Henry? UNIDENTIFIED SPEAKER: Yes, if it is the same reading that ... Mr. Plummer: What are you reading from, Henry? The revenues generated by the facilities within division of this department and the enterprise fund structure shall be deposited in the respective divisions enterprise fund and not be co -mingled or transferred to other funds. That's what we've just done. Mr. Jack Eads: That's exactly what's happening. Mr. Odio: That's exactly what happened. Tell Mr. Rodriguez the next time he lobbies against something he'll be looking for a job. Mayor Suarez: Did you wish to address this topic? Are you satisfied that we have taken care of that concern? Thank you. Call the roll. Mr. Plummer: Mr. Mayor, let the record reflect that I was lobbied last night by one member of the Waterfront Board and, in fact, he did give me a gift of one piece of smoked marlin, it did not cost $25 and will not appear on my sheet at the end of the year. Mrs. Kennedy: Was it tasty? Mr. Plummer: You bet your bippy. Mayor Suarez: Call the roll, please. AN ORDINANCE - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CREATING A NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, THEREBY COMBINING THE DEPARTMENT OF PARKS AND RECREATION, THE DEPARTMENT OF PUBLIC FACILI- TIES AND THE OFFICE OF MARINAS INTO A SINGLE DEPARTMENT; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY THE CITY MANAGER; PRESCRIBING THE RESPONSIBILITIES, FUNCTIONS, AND DUTIES OF THE DEPARTMENT; TRANSFERRING THERETO ALL PERSONNEL RECORDS AND FUNDS PREVIOUSLY BUDGETED TO THE DEPARTMENT OF PARKS AND RECREATION, AND TO THE OFFICE OF MARINAS; FURTHER PROVIDING THAT ALL REFERENCES IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO THE DEPARTMENT OF PUBLIC FACILITIES, THE DEPARTMENT OF PARKS AND RECREATION, AND THE OFFICE OF MARINAS SHALL BE DELETED THEREFROM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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- 35 July 10, 1986 41 AYr?z- Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10125. 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. 17. AMEND 10039 BY INCREASING APPROPRIATION FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT BY $40,000 FROM A GRANT FROM DANCE UMBRELLA INC. AND CITY MATCHING FUNDS. Mayor Suarez: Item 34. Mr. Odio: This is an accounting type entry which provides for the allocation of funds for the renovation of the Manuel Artime Community Center. The Commission has already approved the allocation of an amount not to exceed $60,000 for this project with funds coming from the following sources: $20,000 from Dance Umbrella Inc., a nonprofit organization, S20,000 from Special Programs and Accounts. Mr. Plummer: Move item 34. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion from the Commission? Call the roll on 34. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10039 ADOPTED SEPTEMBER 17, 1985, THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986, BY INCREASING THE APPROPRIATION FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT BY $40,000, CONSISTING OF A $20,000 GRANT FROM DANCE UMBRELLA INC., AND A $20,000 CONTRIBUTION FROM THE CITY OF MIAMI'S FISCAL YEAR 1985-86 GENERAL FUND BUDGET; SPECIAL 'PROGRAMS AND ACCOUNTS; MATCHING FUNDS FOR GRANTS, AND BY DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS; MATCHING FUNDS FOR GRANTS BY $20,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins 36 July 10, 1986 0 THE ORDINANCE VS nrgT(M! ,rrn nnnTMA"E NO ,n,Ir. 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. AMEND SECTION 42-8.1 OF THE CODE BY INCREASING FEE FOR ADMINISTRATION OF OFF -DUTY POLICE OFFICERS; RECOGNIZE CITY'S RESPONSIBILITY TO PROVIDE SELF-INSURANCE COVERAGE ARISING FROM OFF -DUTY POLICE SERVICES. Mayor Suarez: Item 35, second reading. Mr. Odio: That's the hold harmless ordinance. Mr. Plummer: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Mrs. Kennedy: I think it is just a fact of life, we must protect ourselves and we must protect our cops. Mr. Plummer: Mr. Manager, I asked you, sir, as I asked you before to look into and report back to this Commission about the possibility or feasibility of buying an insurance policy for the first year or so. I have not had a report back on that. Mr. Odio: Have you heard yet from them, Carlos? Mr. Carlos Garcia: Mr. Commissioner, we still are trying to get quotes on that, we haven't been successful and I'll have to give you a report next week. Mr. Plummer: All right. Mr. Odio: We're trying to get quotes, Commissioner and the insurance company just won't quote. Mr. Plummer: All right. Mayor Suarez: Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTIONS (b) AND (c), REPEALING SUBSECTION (d) AND RENUMBERING SUBSECTION (e) OF SECTION 42-8.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE THE FEE COLLECTED BY THE CITY IN ITS ADMINISTRATION OF THE PROGRAM WHEREBY EXCEPTIONAL AND NONROUTINE SERVICES OF OFF -DUTY POLICE OFFICERS ARE ASSIGNED BY THE CITY AND PROVIDED TO PERSONS OR BUSINESSES REQUESTING THE SAME; FURTHER, RECOGNIZING BY THE HEREIN AMENDMENT THE CITY'S ON -GOING RESPONSIBILITY TO PROVIDE SELF- INSURANCE COVERAGE FOR TORT LIABILITY AND WORKERS COMPENSATION CLAIMS ARISING OUT OF AND IN THE COURSE AND SCOPE OF SUCH OFF -DUTY POLICE OFFICERS PERFORMANCE OF LAW ENFORCEMENT DUTIES DURING THE PERIOD OF SUCH ASSIGNMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 1986, was taken up for its second and final reading by title and adoption. On motion of 37 July 10, 1986 Commissioner Plummer, seconded by Commissioner Kennedy, the ordinance was t.h upon given it- �--cnnd and fi.n^l resdi 'v t't14, ^nrl passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10127. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 19. SECOND READING ORDINANCE: GARBAGE AND TRASH. Mayor Suarez: Item 36, second reading. Mrs. Kennedy: I move 36 provided that you guarantee me that the mattresses and trash piles that you still see throughout the streets are picked up. Mr. Odio: I won't guarantee that they will not be there, but I'll guarantee you, Commissioner, that we're going to pick up trash twice a week or every time we pick up garbage and if they're still there we're going to have to start fining some people. Mr. Dawkins: Mr. Manager, before we even get into this, when you brought this up and we talked about reorganization and the chapter 22, how many vacancies did you tell me existed in the Sanitation Department? Mr. Odio: If my memory is correct, and I can be corrected by you, Joe, I think we had between 18 and 23 positions that were not filled at the time. I hope I'm right. Mr. Dawkins: When do you plan to fill them? Mr. Odio: As soon as Mr. Ingraham.... Mr. Dawkins: All right, I move that this is continued until you h e these people and then you all bring it back. Mayor Suarez: So moved. Mr. Plummer: Question, my colleagues, how do you hire the people if you don't collect the money? Mr. Dawkins: I don't know, but these are vacancies that exist that are already budgeted, Commissioner Plummer. This money was budgeted for these people when we passed the budget the last time. Am I right or wrong? Mr. Plummer: Could I offer my colleague a compromise? Mr. Dawkins: No, I don't want no compromise. Mr. Plummer: Would you listen to it? Mr. Dawkins: I would rather just not vote for it. No, I don't want no compromise. Mr. Plummer: Would you listen to it? 36 July 10, 1986 Mr. Dawkins: If you say so, sir. Mr. Plummer: I say so. Mr. Dawkins: O.K. Mr. Plummer: Commissioner Dawkins, may I suggest that we move it, subject to the effectiveness being predicated on the hiring of these 22. Mr. Dawkins: That's how I don't have my police station, moving stuff predi- cated on. Mr. Odio: Commissioner Dawkins, may I say something, sir? Mr. Plummer: I just hate to lose the revenue, Miller, that's all. Mr. Odio: Commissioner, I work for you, Commissioner Dawkins. You're telling me to put 22 people on board and they will be put on board, but let us start cleaning up the City. Mr. Plummer: Let's correct that. You know sometimes the record gets you in trouble. He's not telling you to put on 22 people. He's telling you to fill vacancies. No, no, big difference. Mr. Odio: Fine, we will do that. I guarantee that we will do it, but please pass this ordinance. Mr. Dawkins: When, when, when? Mr. Odio: As soon as it's physically.... Mr. Dawkins: No, no, no, give me a time specific. Mayor Suarez: How about if we make it coincident with the implementation of the new ordinance. Mr. Odio: They will be working within 30 days. Mayor Suarez: When does the new ordinance go into effect if we approve it today? Mr. Plummer: 30 days from today. Mayor Suarez: So it has to be at least no later than when the ordinance goes into effect. Mr. Odio: Thirty days from today they will be on board. Mayor Suarez: Is that acceptable, Commissioner? Mrs. Kennedy: Commissioner, I accept the amendment to the motion, if you want to. Mayor Suarez: With the understanding- not the understanding- with the proviso that it has to be coincident with the implementation of the ordinance, that is within 30 days. Mr. Odio: They will be hired, I guarantee you that, sir. Mr. Plummer: Good, I'm glad. Mayor Suarez: So moved, seconded; read the ordinance, please. Mrs. Dougherty: I'd just like the record to reflect that we've passed out a revised ordinance making some cosmetic changes and the most important of which was we changed the word "violator" to non -compliant person and administrative service fees instead of service fees. Mr. Plummer: I liked the word violators. Mayor Suarez: Call the roll, please. 39 July 10, 1986 44 AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 22, ENTITLED "GARBAGE AND TRASH", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EXCEPT FOR SECTION 22- 12 OF SAID CHAPTER, AND REPEALING SECTIONS 23-5 THROUGH 23-9 OF CHAPTER 23, ENTITLED "HEALTH", OF SAID CODE, AND SUBSTITUTING THEREFOR A NEW CHAPTER 22 PROVIDING THEREBY FOR REGULATIONS CONCERNING THE COLLECTION OF WASTE MATERIAL; ESTABLISHMENT OF FEES AND ENFORCEMENT MEASURES; FURTHER PREEMPTING TO THE CITY THE WASTE COLLECTION FUNCTION IN THE ENTIRE CITY EXCEPT AS OTHERWISE PERMITTED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 12, 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 - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10128. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Mayor Suarez: Joe, one more question before you leave. Just how big an item will the department pick up? Is there any limitation on the bulk waste, how heavy or large an item? Mr. Joe Ingraham: No, sir, refrigerators and sofas have been about the largest type. Mr. Odio: I tell you there are some houses out there I wish we could pick up and take. Mayor Suarez: Yes, I was thinking of some people's houses that I'd like removed. Thank you for the work that you put into this, both of you, Sammit, Joe, everyone, the City Manager, Agustin, fantastic ordinance. Mr. Plummer: Wait a minute, I got a question, Joe. Mayor Suarez: Maybe not so fantastic after all. Mr. Plummer: Now that we have a department with a big Black and a little Indian, a little Indian and a big Black. My quarrel has been for a long time and continues to be, how many inspectors do you have now? Mr. Ingraham: Eleven, sir, with one ready. Mr. Plummer: Now, where everybody is going to be paying their fair share, instead of having them go out as I saw yesterday with a tack hammer tacking up a sign that says "No Dumping," which is about as effective as a gold fish in the ocean, why the hell don't you put those twelve people or eleven people to work picking up garbage and maybe we won't have as many violations. I'm serious. These guys go out and they sell you a sign for $7.5O after they've hit you with a violation, because you say, "Hey, I didn't put it there. My neighbor did," or "somebody drove by and threw it out the window of a car." They sell you a sign for $7.5O that says "No Dumping." They go out and they put up a sign that says "No Dumping." To me, if you had twelve additional people out there picking up garbage, why not? You're going to be picking it up twice a week and boy I want to tell you something, you better pick up trash at my house on Monday. 40 July 10, 1986 A Mr. Ingraham: O.K., consider it done. Mr. Plummer: I'm very serious. I'd like you to come back and justify having eleven inspectors under a new system where you're going to be picking up trash twice a week and picking up garbage twice a week. It should cut your inspec- tors in half. Mr. Ingraham: In fact, quite the contrary, sir, what it does is enhances the need for more inspectors. In fact, this type system you have more frequent pick up. We're going to be strictly adhering to that particular schedule. Our attempt is to clean up the City of Miami. Mr. Plummer: I agree, but tacking up signs on a tree does not clean up a City. Picking up that does clean up the City. Mr. Ingraham: Sir, we're going to try to do both, clean it up, pick it up, tack it up, and enforce the Code, sir. Mr. Plummer: O.K., where is the Manager? Mayor Suarez: Behind you hiding. Mr. Plummer: Sir, on this particular item, it's great for him to pick up what's at the curbside, the trash and the garbage- I'm sorry, the trash is always on curbside. Now what are we going to do where you and I the other night when we rode around this City and we see the places that are just unlimited numbers that lots that are filled with debris and garbage and iceboxes and things of that nature that are not put to the curbside where you pick it up. What is this administration going to do? Mr. Odio: We're cutting down on the time frame, I believe, that we have of notifying the owners. Before they took longer. Now we're cutting back on that time. We need to notify owners. We need to follow the law on that. Then we move in, we clean it up and we put a lien on the property until we get paid. Mr. Plummer: How much time are you needing now to notify? Mr. Ingraham: 30 days. Mr. Odio: 30 days. Mr. Plummer: Why? Mr. Ingraham: That's the law, sir. Mr. Plummer: What law? Our law? Mr. Odio: You're talking about the lot cleaning section of.... Mr. Plummer: Hey, I'm talking about it's great to pick up the trash that's on the street, but what you and I saw the other day, there was ten times more on a vacant lot. Mr. Odio: What would help greatly is cutting down on the period of time we need to do that. Mr. Plummer: Who's law is it that says it takes 30 days? Mr. Odio: It's our law. Mr. Plummer: Then we need to change our law. Mr. Walter Pierce: Mr. Plummer, you just did. There is a new section in here on lot clearing, which before we had a problem with abandoned personal proper- ty, because of a district court of appeal ruling that's been cured. It's 30 days now but now we can do it. We couldn't do it until 30 days from today because you just passed this new ordinance. Mr. Plummer: This here says ten days. 41 July 10, 1986 Mr. Pierce: O.K., ten. Mr. Plummer: What are we doing... let me ask one other question. Mr. Odio: We cut it down from 30 days to ten days. Mr. Plummer: I have a copy of a letter sent to the Mayor the other day. What are we doing about cutting down the time of abandoned automobiles? Mr. Pierce: That's all in that same section, abandoned personal 'property. Mr. Plummer: On the public right-of-way. Mr. Pierce: On the public right-of-way and private property both. Mr. Odio: And on top of that, Commissioner, let me tell you what I have ordered the department to do. As I spent nights in Liberty City in those tents and I saw that not only was the problem of drugs there very, very bad, but also litter on the corners and trash all over the place and we have been hitting Liberty City with a task force, right? everyday to keep that out of the streets and we're going to try to do that as often as possible. Mr. Plummer: Mr. Manager, it's fine to tell me that a normal automobile that's abandoned in the streets, you're going to pick up in ten days. But I find it difficult to understand why, when a car has been stripped, set afire, and everything else, why you have to go through the same procedure; why you can't declare that a public health situation and remove it. Mayor Suarez: Have a different standard for a disabled automobile. Mr. Pierce: Mr. Plummer, Florida law prescribes how you can remove abandoned personal property. Under the existing regulations in the City, we do not have in there a provision for a pretaking hearing. The District Court of Appeal that covers the South Bay area in the case up there threw out that law because they didn't do it. That was exactly the situation you're talking about on private property. What we have done now in this ordinance is put in a piece that gives them the opportunity for the pretaking hearing at the same time the period for compliance is running, that ten day period. If they don't move it by then or go for the pretaking hearing, we go in a take it, period. Mr. Plummer: O.K. we'll see, we'll see what happens. Mr. Pierce: Which we haven't had that ability before. Mr. Plummer: You're telling me you've cut it down from 30 days to ten. I'm going to be there to check you. Mr. Ingraham: Mr. Plummer, in that regard, as the Manager has indicated, for cars that are abandoned, burned down, no doors, we're picking those cars up. What Walter is talking about is the vehicle that we can identify registration on. Any other vehicle that is of a nature that we can't, we're moving the cars, that's being done now, sir. Mr. Plummer: All right. Mayor Suarez: I hope the editors of "Collegiate" see fit to do an article on this ordinance, which I think is a fantastic new implementation by the Commis- sion. 42 July 10, 1986 A4 0 20. SECOND READING ORDINANCE: PROVIDING, SUBJECT TO SEPT. 2 ELECTION, THAT THE 71/2% INTEREST RATE PAYABLE ON $7,000,000 POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS BE MODIFIED (See label 121) Mayor Suarez: Item 37. Mr. Plummer: Move it. Mayor Suarez: Moved, it has to do with the limitations on.... Mr. Dawkins: Second. Mayor Suarez: ....the interest rate payable on existing bonds. Moved and seconded. Any further discussion from the Commission? Read the ordinance, please. Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 7864, ADOPTED MAY 13, 1970, THEREBY PROVIDING, SUBJECT TO APPROVAL BY THE ELECTORATE AT AN ELECTION TO BE HELD ON SEPTEMBER 2, 1986, THAT THE SEVEN AND ONE-HALF PERCENT (7-1/2%) PER ANNUM MAXIMUM INTEREST RATE PAYABLE ON $7,000,000 POLLUTION CONTROL AND INCINERA- TOR FACILITIES BONDS OF THE CITY OF MIAMI, PREVIOUSLY AUTHORIZED TO BE ISSUED UNDER SAID ORDINANCE NO. 7864, BE MODIFIED TO ALLOW INTEREST TO BE PAID ON $4,000,000 OF SAID BONDS REMAINING UNISSUED AT A RATE OR RATES NOT EXCEEDING THE RATE PROVIDED FOR BY STATUTES OF THE STATE OF FLORIDA BUT NOT TO EXCEED TEN PERCENT (10%) PER ANNUM. Passed on its first reading by title at the meeting of June 26, 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 J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10129 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 43 July 10, 1986 21. SECOND READING ORDINANCE: PROVIDE FOR SEPTEMBER 2, 1986 SPECIAL ELECTION re MODIFICATION OF THE 71/2% INTEREST RATE PAYABLE ON $7,000,000 POLLU- TION CONTROL AND INCINERATOR FACILITIES BONDS (See label #20) Mayor Suarez: Item 38. Mr. Plummer: Move it. Mayor Suarez: Moved on second reading. Mr. Dawkins: Second. Mayor Suarez: Seconded, any discussion from the Commission? Read the ordi- nance. Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON TUESDAY, SEPTEMBER 2, 1986 WITH RESPECT TO AUTHORIZA- TION FOR A MODIFICATION IN THE MAXIMUM INTEREST RATE PAYABLE ON PREVIOUSLY AUTHORIZED $7,000,000 POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS OF THE CITY OF MIAMI. Passed on its first reading by title at the meeting of June 26, 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 J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10130 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 22. SECOND READING ORDINANCE: PROVIDING, SUBJECT TO SEPT. 2 ELECTION, THAT THE 71/2% INTEREST RATE OF $17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS BE MODIFIED (See label #23) Mayor Suarez: Item 39. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll, please. 44 July 10, 1986 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 7861, ADOPTED MAY 13, 1970, THEREBY PROVIDING, SUBJECT TO APPROVAL BY THE ELECTORATE AT AN ELECTION TO BE HELD ON SEPTEMBER 2, 1986, THAT THE SEVEN AND ONE-HALF PERCENT (7-1/2%) PER ANNUM MAXIMUM INTEREST GATE PAYABLE ON AN AGGREGATE PRINCIPAL AMOUNT OF $17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI, PREVIOUSLY AUTHORIZED TO BE ISSUED UNDER SAID ORDINANCE NO. 7861, BE MODIFIED TO ALLOW INTEREST TO BE PAID ON $2,375,000 OF SAID BONDS REMAINING UNISSUED AT A RATE OR RATES NOT EXCEEDING THE RATE PROVIDED FOR BY STATUTES OF THE STATE OF FLORIDA BUT NOT TO EXCEED TEN PERCENT (10%) PER ANNUM. Passed on its first reading by title at the meeting of June 26, 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 J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10131 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 23. SECOND READING ORDINANCE: PROVIDE FOR SEPTEMBER 2, 1986 SPECIAL ELECTION re MODIFICATION OF THE 71/2% INTEREST RATE PAYABLE ON $17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS BE MODIFIED (See label #22) Mayor Suarez: Item 40. Mr. Plummer: Move it. Mayor Suarez: Moved. We have a second? Mr. Carollo: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Read the ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON TUESDAY, SEPTEMBER 2, 1986 WITH RESPECT TO AUTHORIZA- TION FOR A MODIFICATION IN THE MAXIMUM INTEREST RATE PAYABLE ON PREVIOUSLY AUTHORIZED STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI IN THE AGGRE- GATE PRINCIPAL AMOUNT OF $17,375,000. Passed on its first reading by title at the meeting of June 26, 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- 45 July 10, 1986 114 AYES: Commissioner Joe Carollo Cormn,.,sionei J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10132. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mrs. Kennedy: I'm not ready to vote. I don't know where we are. Mayor Suarez: Item 40, authorizes a higher interest rate to be paid on previously approved bonds. Mr. Plummer: To the referendum. Mrs. Kennedy: Do you know how much money we stand to make on this? Mayor Suarez: We'll lose some money, I guess. Mrs. Kennedy: Carlos. Mr. Carlos Garcia: I'm sorry, I wasn't paying attention. What is the ques- tion? Mrs. Kennedy: The question is do we make some money on this. If so, how much? Do we lose? Mr. Garcia: On the bonds on changing the interest cap, we'll be able to sell the bonds which we were not able to do before with the 7-1/2% interest. We don't know at this time what the savings to the City will be since we don't know what the interest rate will be at the time we sell the bonds. Mrs. Kennedy: What is the motion, Madam City Clerk? Ms. Hirai: For the item, to pass the item. Mrs. Kennedy: Yes. PLEASE NOTE BRIEF COMMENTS WITHIN LABEL 24 (AT THE BEGINNING) WHICH PERTAIN TO THIS ITEM. 24. FIRST READING ORDINANCE: ESTABLISH NEW PROJECT "PRELIMINARY BOND EXPENSE" Mayor Suarez: Item 41. Mr. Odio: Item 41 is to establish an accounting type item so we can charge capital improvement program expenses from the bond programs into this account. That is simply an accounting process. This includes legal services, financial advisors, accountants, printing, etc. Mayor Suarez: By way of clarification on the last item, we did impose a ten percent limitation that's built in. Mr. Plummer: Or the State Statute, not to exceed the State Statute or ten percent. Mrs. Kennedy: Move item 41. Mr. Odio: That's correct. 46 July 10, 1986 Mr. Garcia: The cap is ten percent. Mayor Suarez: Whichever is lower, I guess. Mr. Garcia: Right. Mayor Suarez: What is the State Cap now? Do you know? Mr. Garcia: The State tells you that interest rates may fluctuate depending on marketing conditions when you have A -rated bonds, as the ones the City has. Mr. Plummer: Question, this is not identified, except for GO bonds of '86. There's no designation as to how much for each bond issue. Mr. Garcia: That's right, you're talking about item 41. This is a total issuance cost, which is approximately one half of one percent, so that this amount will be spread out among the four issues that we sold last month. Mr. Plummer: O.K. Mrs. Kennedy: Move 41. Mr. Plummer: Second. Mayor Suarez: Moved and seconded; any discussion from the Commission? Read the ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED: "PRELIMINARY BOND EXPENSE" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $110,000 FROM GENERAL OBLIGATION BONDS-1986 ISSUES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 25. FIRST READING ORDINANCE: ESTABLISH NEW PROJECT "MIAMI STADIUM -ROOF RE- PAIRS" Mayor Suarez: Item 42. Mr. Odio: This is an accounting type item also that establishes a project within the capital improvement program to which expenditures of the Miami Stadium roof can be charged. The pieces of the old Miami Stadium roof are falling in the stands area, and these are concerns that someone might get hurt. Mayor Suarez: Is this made necessary by the negotiations with the Baltimore Orioles? 47 July 10, 1986 Mr. Oaio: des, one of their conditions is LhaL chr_, roof muse be in good shape before they do come back. Mayor Suarez: How long will that contract be for? Mr. Odio: We're trying to get a ten year contract. Mr. Plummer: How much does that contract pay us each year? Mr. Odio: The Baltimores are profitable to the City of Miami, not so the local baseball team, but the Orioles are profitable. I don't know what the figure is. Walter can tell us. We make $120,000 a year from the Orioles Baltimore, but not the Miami. Mr. Plummer: Is that net? Mr. Odio: Net. Mr. Plummer: Because you're talking about in item 42 and 43, that's the same baseball stadium, I assume. Mr. Odio: Yes. Mr. Plummer: You're talking about improvements of about a million two five- 0.. Mr. Odio: That includes the Orange Bowl also. It's $475,000 for the roof and we also have the press box, we also have some funds there for the Orange Bowl. By the way, the press box was approved about a year -and -a -half ago, and this is just part of the process to get it finished. Mr. Plummer: So was the press box at the marine stadium. Mr. Odio: I agree. Mr. Plummer: It's not been finished, even though it was promised for my boat race, it's not been finished. Mr. Odio: We need to finish this press box and the roof before the next Orioles season or we're.... Mr. Plummer: Yes, we need to do it before the next boat race also. Mr. Odio: Yes, sir. Mayor Suarez: And to clarify once again, just so we don't get too confused with the way it would work if it were a totally private sector enterprise, when you say there is a net gain or profit, that does not include any debt service on the structure or on even on these funds that we're using there to improve.... Mr. Odio: Oh. sure, it would, but this is capital funds, but the State has no debt service. Mr. Plummer: But Mr. Mayor, if they do get a ten year contract, the Baltimore Orioles alone over the ten years would pay for these improvements. Mayor Suarez: It would pay for these improvements, right. Mr. Odio: It is a fact that if we want to be a major league City, we need to have a major league team, at least for the spring training. If we want to bring a baseball team here on a permanent basis.... Mr. Plummer: That's fine, Mr. Manager of the month, yes, except for the fact, let's remember, that's fine to bring a major league team here, but each and every one of you have told you if they were to consider, they ain't playing in that place. You know that and I know that. So to say that we keep this alive to hopefully get a major league team when everyone of the major league teams have told you, if they were to favor Miami, they're not going to play in that place. They want a new stadium. 48 July 10, 1986 Mr. Odio: I'm not going to say this in the.... Mr. Plummer: Don't say nothing. Mr. Odio: I won't say anything, but I'll tell you in my conversations with Edward Brenner Williams, at one point the Mayor came into the conversation that... well, I'll tell you. Mr. Plummer: Thank you. Mr. Odio: I have Justin Gillis with us here, so. Mayor Suarez: Let the record reflect that there was no hint of any statement whatsoever. Mr. Plummer: The money tree is empty, Mr. Mayor Suarez: We're voting on item 42. Did you read the ordinance yet? Let's reflect a moving party and a second on that please, City Clerk can reflect it. Mrs. Kennedy: Move. Mr. Plummer: Second. Mayor Suarez: Moved, seconded, call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED: "MIAMI STADIUM - ROOF REPAIRS", AND APPROPRIATING FUNDS FOR THIS PROJECT IN THE AMOUNT OF $475,000 FROM CAPITAL IMPROVEMENT FUND - FUND BALANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 26. AUTHORIZE REPLACING THE ROOF AND RENOVATING THE PRESS BOX AT MIAMI BASE- BALL STADIUM Mayor Suarez: Item 43, a companion item. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez; Moved and seconded. Any discussion from the Commission? Mr. Plummer: There is an added thing. Excuse me, do you have a second on 43? 49 July 10, 1986 -A* Mrs. Kennedy: Yes, I did. Mayor Suarez: Yes. Mr. Plummer: There is to be awarded, Mr. Mayor, I've been handed by the Administration, it is recommended that City Commission adopt the attached proposed emergency ordinance establishing two new capital improvement projects, entitled Orange Bowl concrete slab and joist repair. The Orange Bowl reception/press interview area and appropriating funds for the projects in the amounts of $428,000 and $450,000 respectively from the Dade County Resort Tax revenues. I incorporate that in the motion. Mr. Bob Clark: Could you take separate roll call vote on the resolution, which was item 43 and then two separate roll calls on the emergency ordinance, Madam Clerk. Mr. Plummer: That's fine. Mayor Suarez: On 43. Mr. Plummer: 43 first. Mayor Suarez: You've read the... oh, you don't need to read the resolution. Call the roll on 43, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-551 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE BIDS AND AWARD A CONTRACT(S) FOR REPLAC- ING THE ROOF AND RENOVATING THE PRESS BOX AT MIAMI BASEBALL STADIUM AT A COMBINED COST NOT TO EXCEED $775,000 WITH FUNDING FOR SAID REPAIRS AND RENOVATIONS TO BE ALLOCATED FROM THE FOLLOWING SOURCES: CAPITAL IMPROVEMENT FUND -FUND BALANCE, $475,000 MIAMI STADIUM ENTERPRISE FUND, $247,000; AND A CONTRIBUTION FROM THE ORANGE BOWL ENTERPRISE FUND, $53,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 27. EMERGENCY ORDINANCE: ESTABLISH TWO NEW PROJECTS, "ORANGE BOWL-RECEP- TION/PRESS INTERVIEW AREA" AND " ORANGE BOWL -CONCRETE SLAB AND JOIST REPAIR" NOTE: BRIEF DISCUSSION PERTAINING TO THIS ITEM CONTAINED WITHIN PREVIOUS Mai. Mr. Plummer: I now move the other one about the slabs, the joints. Mr. Odio: The joists. Mr. Plummer: Joists. 50 July 10, 1986 AN ORDINANCE ENTITLED - AN ENZ11GENCY ORDINANCE AMF', 1kG C.,_)"No. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING TWO NEW PROJECTS ENTITLED: "ORANGE BOWL - CONCRETE SLAB AND JOIST REPAIR" AND "GRANGE BOWL - RECEP- TION/PRESS INTERVIEW AREA" AND APPROPRIATING FUNDS FOR THEIR OPERATION IN THE AMOUNTS OF $428,000 AND $450,000, RESPECTIVELY, FROM DADE COUNTY RESORT TAX REVENUES; 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 require- ment of reading same on two separate days, which was agreed to by the follow- ing vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10133. Commissioner Plummer 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. FIRST READING ORDINANCE: ESTABLISH NEW PROJECT, "COCONUT GROVE EXHIBITION CENTER - TELESCOPIC SEATING" Mayor Suarez: Item 44. Mr. Odio: On April loth, the Commission approved to advertise and receive bids on the purchase of telescopic seats for the Exhibition Center. This is an accounting procedure to establish a new capital improvement project to be known as the Coconut Grove Exhibition Center Telescopid Seating in the amount of $170,000. Mr. Dawkins: Move it. Mayor Suarez: It's been moved. Mr. Odio: This, by the way, Commissioner, will increase the revenues to the Exhibition Center. Wrestling has now become popular here from what I've seen. Mayor Suarez: How many square feet does the Exhibition Center have? Does anybody...? 51 July 10, 1986 Mr. Odio: 100,000, it's got 70,000 on this side and thirty on the other one. I've been Lcli . i,e Mis. Ly Pine LhiiL for Lw,_- years. Mayor Suarez: I've heard figures all the way from sixty to a hundred. Mr. Odio: It is a hundred thousand on the roof. Mayor Suarez: We have a motion. Do we have a second? Mrs. Kennedy: I did. Mayor Suarez: Moved and seconded. Please read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "COCONUT GROVE EXHIBITION CENTER - TELESCOPIC SEATING", APPROPRIATING FUNDS FOR THIS PROJECT IN THE AMOUNT OF $170,000 FROM CAPITAL IMPROVEMENT FUND- FUND EQUITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 29. FIRST READING ORDINANCE: APPROPRIATING FUNDS FOR MAKING IMPROVEMENTS TO COMMISSION CHAMBERS TO ENABLE CABLECASTING OF MEETINGS Mr. Odio: The next item, Commissioners, Mr. Mayor, we're trying to improve City Hall Chambers so that we can begin to televise live the Commission meetings, like the County is doing with their meetings. Pauline Winick will explain. Ms. Pauline Winick: There are some enhancements that have to be made, as you well know. In addition to making sure that the lighting is right, the audio system that you have now is a public address system. You have to make en- hancements to audio and lighting and color and stuff. Since the funds are restricted by the federal legislation, it's an appropriate use of the funds. Mr. Odio: It's not City funds, it's cable funds. Mr. Plummer: But what are you going to do with it? Ms. Winick: Make it look beautiful on television. Mr. Plummer: Is it going to be as nice as the Metro Chambers. Ms. Winick: It's much nicer. Mr. Odio: From what I've seen.... Mr. Plummer: Do I get a $30,000 desk? 52 July 10, 1986 E, Mr nd i.n • No. S i r . Mr. Plummer: I'm serious, what are you going to do with $30O,O00 to this damn barn? Ms. Winick: It's up to $3O0,00O. Mr. Plummer: That don't tell me nothing. Ms. Winick: In addition we're going to put in.... Mr. Plummer: Tell me what you're going to do, now I'm assuming that the Chambers are in these walls. What are you going to do for S3O0,O00? That's a lot of money. Ms. Winick: Well, in addition to things like changing the lighting and putting in a grid, and putting in an audio system, we will be putting in remote monitors, television.... Mayor Suarez: What do you mean by a grid? Mr. Plummer: What do you mean by remote monitors? Ms. Winick: So that your lighting... television sets so that we can have.... Mr. Dawkins: So you can look at yourself. Ms. Winick: No, Commissioner. Mr. Carollo: Where are these funds coming from? Ms. Winick: From the restricted cable T.V. funds. It can only be used for this purpose. Mr. Carollo: In other words, it's coming from the Cable Company, Cablevision. Mr. Dawkins: Mr. Hermanowski's money. Ms. Winick: Yes, sir. Mrs. Kennedy: I object to the name of the fund. It should be fund cable T.V. Mr. Odio: By the way, Commissioners, as part of this up to $3O0,O00, what I asked them to do is to look from the outside doors to change this wall, I wish we could show you what, because we're going to add security also to the.... Mr. Carollo: Why don't we defer this item, Mr. Manager, until we can see exactly all the proposals because this is the first that I've heard of this particular.... Mr. Odio: We can bring to you by next Commission meeting what they are proposing. Mr. Carollo: That's fine. Mr. Dawkins: Second, also this says improvements to the City Commission Chambers to enable cable casting on the City's municipal cable television access channels. Ms. Winick: Right, yes. Mr. Dawkins: Who's going to be the T.V. operator of the cameras? Ms. Winick: You already have on staff in cable. Mr. Dawkins: Where? Ms. Winick: Dale Kelchner in cable who can do it. It's a very simple system. Mr. Dawkins: No no, see, you've been with the Manager too long. Who do you have on staff who will be assigned to meetings in this chamber that will telecast these meetings? 53 July 10, 1986 Ms. Winick: i certainly would expt�ct that Sue Smoller would iia\z th supervi- sory and Dale Kelchner already on staff to handle the telecasting of the meeting. Mr. Dawkins: What does Dale, whatever his name, what does he do now? Ms. Winick: He is an engineer, a television engineer. Mr. Plummer: What department does he work in? Ms. Winick: In cable communications. Mr. Dawkins: He's a cable engineer and now we're going to make him a T.V. camera man. Ms. Winick: Well, it's the same engineering, Commissioner. Mr. Dawkins: No, it's not. Ms. Winick: The cable.... Mr. Dawkins: Do you have an engineering degree back there, you T.V. camera men, right? Mr. Plummer: Would you like to work for the City for $75,000 a year? All of you suddenly became engineers. Ms. Winick: Commissioner, what we were looking at was putting in a remote system so that you have cameras that are mounted that can just be switched electronically. Mr. Plummer: How much of this is proposed to go for equipment. Ms. Winick: I'd say about $170,000 at least. Mr. Plummer: Absolutely ridiculous. Ms. Winick: That's what it costs. Mr. Plummer: I'm not saying that's not what it costs. I'm saying I don't think we need it. Ms. Winick: Well, you need it if you want to televise your meeting. Mr. Plummer: Who said we wanted to? Mrs. Kennedy: Would you guarantee that this would not lengthen our meetings with people speaking in front of the T.V. cameras? Mr. Plummer: Do you know what you're going to do? You're going to urge a certain Italian to be down here five hours a day instead of two hours a day, because if you watch the Metro Commission meetings, I want to tell you that they have a bunch of real hams that get up there and just sit there and get all kinds of exposure all day. Mrs. Kennedy: Pauline, will this transmit the Mayor's boxing career? Ms. Winick: I'm sure it will enhance it. I'm sure it will be an interesting way for the public who can't get here to come to your meetings. They will be able to see them free from home or offices. We plan to rebroadcast them. It's a nice way of getting what your government does out to the people. Mr. Plummer: I tell you what. I will move it on first reading, but you, before you come with the second reading, better bring me a breakdown complete- ly. Mrs. Kennedy: Second. Mr. Plummer: The one thing alone of $170,000 for equipment doesn't sound quite kosher. 54 July 10, 1986 Mayor Suarez: What else could the funds be used for?- were we not to... Ms. Winick: Programing, it has to do something to do with cable T.Y. program- ming. Mayor Suarez: Suppose that we found that this expenditure was not a good idea at all and we wanted to propose that the money be spent for programming or something that would be educational. Ms. Winick: Obviously, one of the things that we're envisioning is not only would this place be a meeting for the City Commission, but anybody who was in a public hearing. Basically, the Police Department, for instance, could use the.... Mr. Plummer: Have you ever been to the Police Department and seen the amount of equipment they've got down there for video? It's unbelievablel Mr. Dawkins: What are you purchasing in the Fire Department for T.V. Mr. Odio: We're not. Mr. Dawkins: Yes, you are. Yes, about $4,500 every 90 days. Mr. Odio: I want to know about that. Mr. Dawkins: Ah, you didn't know that, Mr. Manager? They slipped something over on you. Mayor Suarez: None of the Commissioners, because I know I don't have any, I myself don't have any audio visual equipment in our office at all. It's very difficult when somebody comes in from out of town to show them, I've got a lot of nice tapes on Miami, and I can't show them in my office, unless I purchase my own audiovisual equipment. I just wonder about this expenditure. Commis- sioner Plummer is suggesting we review the entire expenditure. I thought at one point that we were going to get new carpets out here, which I thought weren't going to cost too much. Now we're talking about some large amounts of money, and maybe we ought to be more creative about how we can spend this money frankly. Mr. Dawkins: The carpet comes out of the general funds. The T.V. materials come out of T.V. funds. Mr. Carollo: One of the things that I think we ought to be considering is why we shouldn't rush into this, is that we might have to expand the seating capacity up here, if the Commission in the near future is going to expand. Mr. Plummer: Is somebody gaining weight? Mr. Carollo: No, I'm saying members, new members. Mr. Plummer: Just big heads. Mayor Suarez: See the implication of all this is that this facility is totally outdated or quote/unquote a dump or whatever, and television people seem to be able to film what we do here, and I just wonder about the entire expenditure. Anyhow, what we're doing is a first reading. We are going to get a detailed accounting and I gather from the Commission that everyone is going to want to look at each and every item, so it might be a good idea for you to explain to each one.... Mr. Odio: Each one of you will see.... Mr. Plummer: See, you're not being fair. You're spending a half a million dollars for a barn, $589,000 to build a barn on Virginia Key, and this, which is the so-called showpiece you're spending $300,000. Mr. Odio: Well, isn't this a barn too? Mr. Dawkins: But you've got horses in the barn. Mr. Carollo: If you want to pay what the horses pay to be able to go to the barn. 55 July 10, 1986 4 4 Mr. Odio : 1 .,a?n L avant to say i L . Mrs. Kennedy: Don't say it, please. Mr. Carollo: Then maybe we could spend $600,000 here. Mr. Plummer: The droppings there are just about comparable to the droppings here. Mr. Carollo: In some areas anyway. Mrs. Kennedy: Moving along. Mayor Suarez: We've got a motion and a second. Any further discussion? Read the ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE APPROPRIATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED: "SPECIAL REVENUE FUND --CABLE TV CONTRIBUTIONS: PROJECT 107001" IN THE AMOUNT OF $300,000 FOR THE PURPOSE OF PURCHASING EQUIPMENT AND MAKING NECESSARY IMPROVEMENTS TO THE CITY COMMISSION CHAMBERS TO ENABLE CABLE -CASTING OF CITY COMMISSION MEETINGS ON THE CITY'S MUNICIPAL CABLE TELEVISION ACCESS CHANNELS; CONTAINING A REPEALER PROVISION AND 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Carollo: Yes, on first reading only. 30. FIRST READING ORDINANCE: YOUTH ADVISORY COUNCIL AMENDMENTS Mayor Suarez: Item 46, Youth Advisory Council. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Carollo: Yes. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mrs. Kennedy: I think that too often we criticize and seldom do we praise, and this group certainly needs a lot of praising. I commend them for their efforts. 56 July 10, 1986 Mavor Suarez: Moved and seconded. Any further discussion? Call the roll, please on item 46. l:ai..i , :ie coil, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1, 2, 4, AND 5 OF ORDINANCE NO. 10086, ADOPTED MARCH 18, 1986 WHICH CREATED THE "CITY OF MIAMI YOUTH ADVISORY COUNCIL", TO PROVIDE THAT SUCH COUNCIL MAY BE INFORMALLY REFERRED TO AS THE "YOUTH ADVISORY COUNCIL: OR "COUNCIL PROVIDING THAT COUNCIL MEMBERS AT THE TIME OF THE APPOINTMENT BE BETWEEN THE AGES OF 16 AND 24 YEARS; FURTHER PROVIDING THAT ALL OFFICERS BE SELECTED FROM AMONG COUNCIL MEMBERS; CREATING A NEW OFFICE OF TREASURER AND THE OFFICE OF SERGEANT -AT -ARMS, WHO SHALL ALSO SERVE AS PARLIAMENTARIAN; AUTHORIZING THE CITY COMMISSION TO APPROPRIATE FUNDS FOR COUNCIL EXPENSES AND THAT STRICT FISCAL ACCOUNTABILITY BE MAINTAINED AS MAY BE CONTAINED IN CITY ADMINISTRATIVE DIRECTIVES OR POLICIES AS ESTABLISHED BY THE CITY MANAGER OR THE FINANCE DIRECTOR; 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 31. FIRST READING ORDINANCE: ESTABLISHING RATES FOR METERS AND PARKING LOTS Mayor Suarez: Item 47. Mr. Odio: That's Off -Street Parking, this is a first reading ordinance which establishes rates at certain on -street parking meters and certain off-street lots and also at municipal parking garages. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. All the rates that you are proposing here are increases, Roger? Mr. Roger Carlton: Yes, sir, there's $85,000 worth of increases on a budget of over seven and a half million. Mayor Suarez: That's $7,500,000 for parking meters or $7,500.000 for all the operations? Mr. Carlton: From the whole operation. Mayor Suarez: How much of that is parking meters? Mr. Carlton: About $1.7 million. 57 July 10, 1986 Mayor Suarez: And how much of the increase that you just mentioned is going to be derived from parking meters Mr. Carlton: About $50,000, so it's a very small percentage of the total parking meter revenue. Mayor Suarez: But a very large percentage of the increase. Mr. Carlton: The other percentage is in the surface lots, and there's no garage rate increases at all, sir. Mayor Suarez: I'm sorry, I missed that. Mr. Carlton: The $85,000 divided roughly 50,000 in the meters about 35 in the lots and nothing in the garages. That's based on the surveys that we've done and comparable rates and changes in neighborhoods and just many different criteria. Mayor Suarez: How does the N.B.A. feel about this? Mr. Carlton: None of the rates on the meters or the lots are in the retail area of downtown. They're predominantly on the fringes where new buildings have come in. Mayor Suarez: How about other commercial districts? Have you gotten any feedback from Coconut Grove Chamber, Art Design District? Mr. Carlton: The only other rate change in a commercial area is in Coconut Grove. We briefed the new Coconut Grove Parking Advisory Committee the other day, which includes members of the Chamber. Mayor Suarez: Does it include their executive director, do you know, Doreen? Mr. Carlton: It includes the president of the Chamber, and Doreen was cer- tainly invited to come. So, we did not get a negative reaction there. It's only a 15 cent an hour increase in the Grove. Mr. Dawkins: Only? Mayor Suarez: Have you proposed any, in conjunction with this, any system of making more uniform the coins that have to be used? Are we still going to be...? Mr. Carlton: Let me first say.... Mayor Suarez: ....going to three different kinds of coins. Mr. Carlton: This is first reading, the second reading will be in September. We can address those specific concerns between now and September. Mr. Plummer: I addressed them six months ago. Mr. Carlton: The coins, we have added in smaller denomination coins. For instance, the downtown merchants wanted us to put dimes back in, that's done. Coconut Grove wanted it, that's done. The Design District wanted it, that's done. All those neighborhoods have wanted the smaller coins, that's done. Mr. Plummer: That's not my problem, Roger. My problem, if you go downtown, where you get- what is it? Twelve and a half minute for a quarter.... Mayor Suarez: The maximum time, have you proposed any changes in the max.... Mr. Plummer: Let me just show you. Mayor Suarez: Yes, you've got to have a bunch of quarters in your pocket. Mr. Plummer: (EMPTIES HIS POCKET) Now that's only for an hour and a half. Mayor Suarez: Most places you can't get an hour and a half. A lot of places you can't get an hour and a half no matter how many quarters you have. 58 July 10, 1986 Mr. Plummer: Well, most of them you can get two. But what have you done about the fact that most people don't walk around with S10 worth of quarters? Mr. Carlton: Let me please address the facts. Mr. Plummer: The facts of the matter are that most people don't walk around with $10 worth of quarters. Mr. Carlton: The longest meter we have at the most expensive price is in the middle of Biscayne Boulevard. It would take twelve quarters to stay a total of three hours. As I told you, J.L.... Mayor Suarez: And how many trips? Because you can't get that in one shot, can you? What's the maximum on Biscayne Boulevard? Mr. Carlton: Three hours. Mrs. Kennedy: All at one time? Mayor Suarez: There's some places where it's only one hour on Biscayne. Mr. Carlton: We've changed all of those to two hours at the request of the downtown merchants. That is done. Mayor Suarez: There are still some places that you have a maximum of one hour. Which are those? Mr. Carlton: I can't think of any. They were all changed. Mayor Suarez: You can't think of any? Well, we've improved things then. If I prove to you that there are some.... Mr. Carlton: Then I will change them too. Let me address J.L.'s concern about the number of quarters. Mayor Suarez: J.L. and the entire City of Miami, because they constantly give us a difficult time about this situation, Roger. Mr. Carlton: There are new meters that are computerized that take dollar bills, so that people don't have to have change. We are going to put those in certain areas of downtown on an experimental basis. Mr. Dawkins: So now the people who hang out down there and rip off parking meters can watch until five people put in and they can rip it off, they got five dollars, uh? Mr. Carlton: Sir, that problem is over also with the new equipment. Mr. Dawkins: I don't mind them taking five dollar's worth of quarters than to take five dollars worth of dollars. Mr. Carlton: These meters have been in place for many, many years. They're safe and secure. Mr. Dawkins: I've got one complaint, Mr. Carlton. I've voiced it and asked the Manager to convey it to you. Please make arrangements that when we have the Coconut Grove Art Festival, when we have the Coconut Grove Bed Race, when we have the downtown Desk Race, when we have all of these things that we have to draw people into the neighborhood, let's not give them tickets. I got many complaints from the Arts Festival that people were parked and they got tickets for overparking, although they came to Coconut Grove to spend their money at the Art Festival. I got calls from the Goombay from people were parked and they got tickets. I also got from the Bed Race. Is there anything that we could do on that day to waive parking fees in that area? Mr. Carlton: My people were instructed not to be on the Grove on those days. Those tickets were issued by the Police Department, not Off -Street Parking. Mr. Dawkins: All right, then hold it, that's fine. Mr. Manager, will you get...? We're paying him and he's not here? 59 July 10, 1986 Mr. Carlton: We'll work with the Police Department to make sure that doesn't happen. Mr. Dawkins: You don't have to. That's what we're up here for. I'll work with the Police Department. You just told me who if you could have worked with them, you would have told me and the Police Department will work it out. You told me that's not my job. Mr. Carlton: It's your job. Mr. Dawkins: Mr. Manager, I've just asked Mr. Carlton if there was any way that we would not write tickets for overtime parking when we have festivals that draw people into the area. He says it's not him doing it, it's the Police Department. How can we correct that, sir? Mr. Odio: I'll coordinate between the Police Department and Mr. Carlton so that they won't ticket overtime parking. Mr. Dawkins: I don't mean people who break the law, that are parked illegally or what have you. I don't mean those. Mr. Odio: I mean on a type of occasion when we close the streets and we have a.... Mrs. Kennedy: Let me just say that I think there is only one thing worse than a parking meter, that's a street without parking meters. If we don't have parking meters, everybody would park in front of stores and nobody would have any business. But as I understand it, Roger, this rate increase would effect mainly people who live outside the City and who work around the State Govern- ment Center. Correct? Mr. Carlton: In the downtown area that's where the increase is. Mayor Suarez: We have a motion and second? Mrs. Kennedy: Yes. Mr. Plummer: Yes. Mayor Suarez: Read the ordinance, please. AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE. When I heard the experimental rate structures, I kept thinking of those nice credit cards that you have told me that are at least potentially a possibility. Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 35-91, 35-92, AND 35-93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES; FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1986 FOR THE HEREIN RATE INCREASES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins 60 July 10, 1986 At 1V The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 32. PROVIDING FOR REDEMPTION OF CERTAIN OUTSTANDING CITY OF MIAMI, FLORIDA PARKING SYSTEM REVENUE BONDS, SERIES 1983. Mr. Carlton: Can we do the time certain bond issue at 11:15 a.m.? That is on your agenda item 62. Mrs. Dougherty: For the record, we are just passing out a new agenda item 62 and 63 for your consideration. Mayor Suarez: Take up item 62. It really doesn't have to be taken up exactly at 11:15 a.m., but we will take it up, as long as it is scheduled for 11:15 A.M. What are the expected rates on the refinancing? Mr. Roger Carlton: I can tell you the exact rates on the refinancing. Mayor Suarez: You know what they are going to be already? Mr. Carlton: There are two items. 62 calls for the refunding of the old bonds. It is a ministerial thing that has to be done. 63 is the actual issuance of the bonds. Mayor Suarez: From what rate to what rate are we going to? Mr. Carlton: We are currently at a rate of 10.4623. We are going to a rate of 7.9810. The savings that that engenders is in the neighborhood of $265,000 over the life of the bonds, discounted for inflation. It is over $400,000 on the actual dollars undiscounted... Mayor Suarez: On a bond issue of what amount? Mr. Carlton: The original bond issue was $13,800,000. Mayor Suarez: How much is remaining that will be affected by the rate change? Mr. Carlton: Well, in a sense, Mr. Mayor, the old bonds are essentially put into escrow and paid from the proceeds of the new bonds. The new bond is sixteen million, point... Mayor Suarez: Well, what is the amount that will be affected by the refinanc- ing? Mr. Carlton: The balance of the bonds? Thirteen... Mayor Suarez: Whatever we get the benefit of the refinancing. What amount is that? Mr. Carlton: $13,545,000. Mayor Suarez: The face amount doesn't mean much to me, I mean, if we are going to refinance, we have to know what the amount is that is affected by the rate change. And you are saving two hundred some thousand dollars on...? The numbers don't seem to... Mr. Carlton: Mr. Mayor, refinancings are done in revenue bonds for two reasons. The first reason they are done is to save cash by reducing interest rate. That is partially the reason that we are doing that. The second one is that the trust indenture, which governs the bond issue needs updating. For instance what you did earlier when you... Mayor Suarez: Well, what other provisions need updating, other than the rate change? 61 July 10, 1986 Mr. Carlton: The public/private partnership provision today requires that we own the lord. That WUU16 r 1 C,.:1 %JW us from doing t:ie 1-u�unut. uve PlayllQust. project, for instance, on a leased site. We are also adding in... Mayor Suarez: Is that one of the projects that will be covered by the bonds we are talking about on item 62? Mr. Carlton: Not this bond, but future bonds. Mayor Suarez: You can tell us about it when we reach that item. I don't see what relevance that has to item 62, but... this is basically a refinancing, is what we are doing on 62? Mr. Carlton: The refinancing changes the trust indenture that governs what you can do in the future, and we are asking that it be liberalized in terms of land ownership and in terms of different types of financing that we may do in the future, variable... Mayor Suarez: Because you are saying that these funds have not been allocated yet to certain projects and some may have elements that would not be allowable under the existing trust indenture, and you are trying to... Mr. Carlton: That is right. The $16,000,000 is totally to refinance the old bonds. There are no new projects in there. Any new project comes back to you as a future bond issue. Mayor Suarez: So it has nothing to do with item 62, what you were just telling me. It was very interesting, but it has nothing to do with item 62. Mr. Carlton: Maybe I didn't understand your question. Mayor Suarez: Any other changes that are contemplated under this advanced refinancing? Mr. Carlton: The major change is in the land use. The second change is the new types of financing, such as variable rate bonds, things of that nature, that we want permissive in the future. Mayor Suarez: Oh, those were prohibited in the initial trust indenture? Mr. Carlton: Yes, sir. Mayor Suarez: Do you follow the same procedures that we do for negotiating of the interest rate? Mr. Carlton: Yes, sir, we work with the Finance Department. We have City people that participate all the way... Mayor Suarez: Do you have a committee that looks at the different rates available, like we do on our own bonds? Mr. Carlton: We use our financial advisor, myself, our various... Mayor Suarez: Who is your financial advisor? Mr. Carlton: Shearson American Express, and... Mayor Suarez: Are they on a permanent basis your financial advisor, or for a particular period of time, or what? Mr. Carlton: They have been for the past five years. Mayor Suarez: Is that a yearly contract? Mr. Carlton: No, sir, we have only done two issues in that period. Mayor Suarez: So, you have them, yourself, and our Finance Department of the City, and who else? Mr. Carlton: And the Legal Department of the City, and... Mayor Suarez: But, you have no structured committee to review... 62 July 10, 1986 4 i,.. -irltoii: We would be glad to d.~ that . Mayor Suarez: I'm just asking, just curious. Mr. Carlton: We would be glad to do that. Mayor Suarez: The rate sounds good, I mean... Mr. Carlton: The rate is... one of the ways to evaluate it is to look... Mr. Plummer: Wait, wait, excuse me, may I stop you for a minute? You say that Shearson American Express are your financial advisors at no cost. Mr. Carlton: They get paid a fee to be our financial advisor when we do a deal, just like Lawrey does when you do a deal. Mr. Plummer: But, the question is, that I am raising, the recommendation of yours at the last meeting, that Shearson American Express be the underwriter. Mr. Carlton: No, sir, no. The underwriters are... Mr. Plummer: Well, what was Shearson American Express in for on the last item? Mr. Carlton: In eighty-six, or eighty...? Mr. Plummer: No, the last agenda. Mrs. Kennedy: The last agenda meeting. Mr. Carlton: Shearson was not here for any... oh, that was your deal, not oursl Mrs. Kennedy: Yes, I remember that. Mr. Plummer: No, no. It was yours. Mr. Odio: No, you went to New York... Mr. Carlton: I am sorry. Shearson, as our financial advisor, went with us to New York to the rating agencies, and... Mr. Plummer: But, they did not, in any way, they were not one of the recom- mended firms in the last item to be an underwriter? Mr. Odio: Yes, they were. Mrs. Kennedy: One of the three recommended. Mr. Odio: No, that is your item. They were not picked, but they were recom- mended. Mr. Plummer: For Off -Street Parking? Unidentified Speaker: No, sir. Mr. Odio: No, for our bonds. Mr. Plummer: For the City! UNIDENTIFIED SPEAKER: For the City's General Obligation bonds. We have served other than... never served in an underwriting capacity. Mr. Plummer: No, in my mind is that if you are the financial advisor and the underwriter too, there is terminology for that. UNIDENTIFIED SPEAKER: Conflict of interest, and we don't do that, and it is not in this deal. Mayor Suarez: Item 62. 63 July 10, 1986 i Mr. Plummer: Mr. Manager, by the way, Mr. Carlton came to my office and vi.s44^A vlf-b me todev. end he said 'ie is going to give you A copy of what he gave me. Mr. Odio: I'm glad. Mr. Plummer: Have you got it? You do now. Mr. Odio: Oh, marvelous. Mr. Plummer: I think you might look at that thing and see that, as you bragged at the last meeting about how good you had done, according to his figures there, he has done better on a revenue bond than you did with a general obligation bond. Mr. Odio: He better explain that onel Mr. Plummer: Well, look on the last page. The numbers speak for themselves. Mr. Carlton: Commissioner, the comparison was to the 1985 refinancing of a garage. Mr. Plummer: I am sorryl I'm sorry. Mr. Carlton: That is what I said this morning. Mr. Plummer: OK, you are right. But, you did... I am sorry, the other terminology is, how do you compare this chart with the ones just sold? Mr. Carlton: That is why we are giving that to the Manager to use as he wishes when your $30,000,000 comes up in two weeks. Mr. Odio: Well, he did... Mr. Plummer: Roger, at the last meeting, we selected a firm to do the manage- ment and the selling and the underwriting. How does your proposals stand up opposed to that? Mr. Carlton: You don't know yet, because your new... Mr. Plummer: Your answer before was just as good. Mr. Carlton: Please then, may I clarify. Mr. Plummer: Please do. Mr. Carlton: The one issue that you raised at the last meeting was the management fee being zero. Your management fee, on your next $30,000,000 is zero. Ours is zero on this one. The other issues that take down and the other components, you don't know yet, because you are not into the market yet. What I suggested was, that we'll glad to work with the City. They can use our good deal as leverage for your upcoming deal. Mr. Odio: It is not better than what we have. Mr. Carlton: Of course it wasn't, because you had a G.O. Mayor Suarez: By the way... Commissioner, are you finished? How do you know the rate that you are going to be able to refinance these at without our approval yet? Do you have a quote that is a commitment for a particular amount of time? Mr. Carlton: This is the quote. There is a good faith check here ready to be passed as soon as you approve it, that locks in those rates until the closing, which is on August 7th. Mayor Suarez: It is a standing offer to give you that rate, that if you accept, it becomes a binding contract, I guess. OK, any further discussion from the Commission? Mr. Plummer: So what firm are you recommending? 64 July 10, 1986 V Mr. Carlton: There is a combination of underwriters, which is listed in the memo. The lead is William R. Hough. There is Smith Barney, First Equity, Sear Sterns, and A.1.B.C. Investment Services, and ea". o;iL of th..m se1.1s a percentage of the bonds. Mayor Suarez: OK, we have a motion and a second on item 62? Madam City Clerk, we have nothing? Mrs. Kennedy: So moved. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any further discussion? Call the roll on 62, please. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-552 A RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN OF THE OUTSTANDING CITY OF MIAMI, FLORIDA PARKING SYSTEM REVENUE BONDS, SERIES 1983; INSTRUCTING THE PAYING AGENT TO PAY PRINCIPAL, INTEREST AND REDEMPTION PREMIUMS, IF ANY, ON SUCH BONDS, PROVIDING FOR PUBLI- CATION OF THE NOTICE OF REDEMPTION, PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. AUTHORIZE SALE OF $16,275,000 CITY OF MIAMI, FLORIDA, PARKING SYSTEM REVENUE BONDS, SERIES 1986... AWARD OF SALE. Mayor Suarez: Agenda item 63, a companion item. Mr. Roger Carlton: This is the new addition that you have in front of you that Lucia passed out, which fills in the blanks about the interest rate, and the various issues that are left open until right now 'and they are closed on the addition that you have. Mrs. Kennedy: What are we doing on this one, Roger? Mr. Carlton: This is the approval of the Official Statement, the Bond Purchase Agreement, the Escrow Agreement. These are the ministerial functions, plus this item is what locks in the rate, Mr. Mayor, and allows a good faith check to pass. The first item simply calls for the refinancing of the old bonds. Mr. Plummer: Who is the escrow account going to? 65 July 10, 1986 41 0 Mr. Carlton: Sun Bank, Orlando, which did our existing bonds. We tried to get Sun Bank, Miami, but they are not able to handle it, according to them, in terms o1 il.:s '�:.4 thu icast c ivu in vi the one time cost, plus the annual cost, so there were quotes received from a number of banks. Mr. Plummer: Who is the Trustee? Mr. Carlton: The same. Mr. Plummer: The Registrar? Mr. Carlton: Excuse me, it is all Sun Bank. Mr. Plummer: And the Escrow Agent? Mr. Carlton: Yes, sir. Mayor Suarez: Mr. Garcia, did you participate in the process of selection of the underwriters? Mr. Carlton: Mr. Mayor, if that is something you wish us to do in the future, we will be glad to. Mayor Suarez: No, before when I was asking the question on the refinancing and the negotiation of rates, I thought that your answer was that you did involve the Finance Department of the City. Mr. Carlton: Carlos was in New York. Remember, these things are negotiated right up to the very end and Carlos was not in town, so we had somebody else in the City who... Mayor Suarez: Would you have any problem in the future in involving him in negotiations so we would be advised directly by our own Finance Director? Mr. Carlton: We would be very pleased to do that. Mayor Suarez: Are we ready to vote on 63, Commissioners? Do we have a motion and a second, Madam City Clerk? Please, the motion and the second. Mr. Plummer: I move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Commissioner Dawkins? All right, any further discussion from the Commission? Call the roll on 63. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-553 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $16,275,000 CITY OF MIAMI, FLORIDA PARKING SYSTEM REVENUE BONDS, SERIES 1986; AWARDING THE SALE THEREOF TO WILLIAM R. HOUGH & CO., SMITH BARNEY, HARRIS UPHAM & CO., INCORPORATED, BEAR STEARNS AND CO., INC., FIRST EQUITY CORP. OF FLORIDA AND AIBC INVESTMENT SERVICES CORPORATION SUBJECT TO THE TERMS AND CONDITIONS OF THE BOND PURCHASE AGREEMENT; AUTHO— RIZING THE DISTRIBUTION AND EXECUTION OF A PRELIMINARY OFFICIAL STATEMENT AND FINAL OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE BONDS; APPROVING THE FORM OF AND AUTHORIZING EXECUTION OF THE ESCROW DEPOSIT AGREEMENT; APPOINTING A TRUSTEE, REGISTRAR AND PAYING AGENT; APPOINTING AN ESCROW AGENT; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 66 July 10, 1986 0 Upon being seconded by k ous issao:,er i.cnne"y, tht resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THERE IS A BRIEF DISCUSSION PERTAINING TO THE ABOVE ITEM WITHIN LABEL 35, LATER. 34. OPEN BIDS FOR CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT PHASE III Mayor Suarez: Item 64, let's open up the sealed bids on that. Ms. Hirai: Mr. Mayor, these are bids for construction of Citywide Highway Improvement Phase III, project B 4516. I need a motion, Mr. Mayor. Mrs. Kennedy: So move. Mayor Suarez: Move to open the bids. Mr. Plummer: Second. Mayor Suarez: Second, any further discussion? Call the roll, please. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-554 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT PHASE III- B-1416. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE BIDS RECEIVED WERE AS FOLLOWS: P.N.M. Corporation ($173,818.95) Tiffy Enterprises, Inc. (S203,846.50) F.R.E. Construction Co., Inc. ($173,755.45) M Vila & Associates, Inc. ($167,452.45) Stone Paving Co. (S200,973.95) H & J Paving Corporation (S208,539.00) Alfred Lloyd & Sons, Inc. ($205,494.00) Mayor Suarez: What is the estimate in the lowest, just to compare. Mr. Plummer: Estimate was $170,000 according to this. 67 July 10, 1986 i Mayor Suarez: And the lowest came in within the .5% rule? Mr. Plummer: One sixty-seven point four six two. Mayor Suarez: Lower. Mr. Plummer: Under. Mayor Suarez: Under, let me announce at this point that item 68, the Manor Highway Improvements will be heard at 6:00 p.m. because we had announced that it would not be heard at 11:00 a.m. at the last Commission meeting. It should have never been on this agenda for 11:30 a.m. It will be a 6:00 p.m. item as previously promised and announced. 35. AUTHORIZE SALE OF $16,000,000 PARKING SYSTEM REVENUE BONDS Mayor Suarez: Item 48, that's your budget. Mr. Plummer: My only response to it is, is that all? Mr. Odio: I think it's too much, but I don't think it's that much. Mr. Plummer: I think we ought to give more. Mr. Odio: The editorial is saying one thing, and then they send this guy out with a knife. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: Mr. Carlton, on this 63, which is the minority firm here? You got William R. Hough & Co., Smith Barney, Harris Upham & Co., Bear, Stearns & Co., First Equity of Florida, and AIBC Investment Services. Mr. Carlton: AIBC Investment Services. Mr. Dawkins: AIB, who are they? Mr. Carlton: Is Mr. Gort still here? Willy Gort is the principal in that firm. Mr. Dawkins: Willy Gort and who else? Mr. Carlton: I can't tell you who the others are. Mr. Dawkins: Find out for me before I rescind this. Mayor Suarez: How many firms all together?- five, underwriting the entire bond issue? Mr. Carlton: There are five, sir. I will get you the name of the others. Mr. Dawkins: Who are principals, Mr. Gort? Mr. Willy Gort: It's got Jose Antonio Alvarados, it's got Alejandro Sands, Genaro , we have the Oliver Williams. I don't have the whole list with me, but I can have it sent to you. Mr. Dawkins: And you all got 20 people in the firm, I mean in the organiza- tion? Mr. Leslie Pantin Sr.: In our organization presently we have around 15 to 16. Mayor Suarez: Is that distribution typical as long as we're on that item, the percentages allocated to all the different firms. Have you ever used that many for one issue? Mr. Carlton: We have not used that many, yes, we did, on our last issue we had five firms also. 68 July 10, 1986 10 Mayor Suarez: How do you determine the PLrcentagesb- ten percent and ten percent. Mr. Carlton: It's basically on a capacity of the firm to sell the bonds and they look at their distribution network and their markets and the minority firms take a smaller percentage of the bonds because of their distribution. Mayor Suarez: They don't offer to take a bigger percentage? Mr. Carlton: That's correct. Mr. Dawkins: Yes, but nothing says you have to stick with one minority firm. I mean if we want a bigger portion and one minority firm will only take ten percent, get another one that will take ten percent. Just don't come up here and tell me that you have a minority firm with ten percent and the only reason we got ten percent is because he wouldn't take but ten percent. That's my problem, sir. Mr. Carlton: The composition, Commissioner, changes in each one of the issues. As you know.... Mr. Dawkins: But we always come out with the short end of the stick. I don't care how you change it, we always end up with the short end of the stick, Mr. Carlton. Mr. Carlton: What percentage? Mr. Odio: No, you solve your problem. Mr. Carlton: I don't know. Sir, your message is very clear. Our next issue is Coconut Grove.... Mr. Dawkins: No, your next issue will be all minority. That's all, your next issue, make it all minority. If you don't, I'm not going to vote for it. Mr. Carlton: I will bring it to you, sir. Mayor Suarez: Item 48, after all that, you have to go through the budget. Mr. Carlton: This is not my day. Mayor Suarez: You're going to leave your chairman to do that, right? Mr. Pantin: The chairman is here to support him. Mr. Gort: He will go through the technicalities of it. Mr. Carlton: Mr. Mayor, members of the Commission, you have before you four budgets. I have some slides if you wish to spend the time. But basically, the major budget is Off -Street Parking; then there is a budget for the World Trade Garage, Government Center Garage, and the Gusman and Olympia Buildings. Mayor Suarez: They're separate items for us. Item 48, I believe, is just Off -Street Parking. Mr. Carlton: That's correct, item 48 is our basic parking budget. Mayor Suarez: There's been memos back and forth. Commissioner Dawkins has asked and we've all been very curious about how we can recover and put into the general fund or use for other purpose some of the profit that you make every year. The answer to those memos... I can tell you, I'm a lawyer and I have no idea what the answers meant. So I presume the rest of the world also has no idea. We'd love to know how we can get our hands on this extra profit that is made on a yearly basis, if you can answer that question in the sim- plest possible terms. I mean, how, we're profiting from the agency and that is to your credit in some way. We'd like to remove a lot of parking meters too; at least I would, but so be it as far as the current fiscal situation is that we're profiting. How can we get some of these funds back into the general fund to use for other purposes in our City? 69 July 10, 1986 Mr. Carlton: Mr. Mayor, as a result of the operations of the department, the r. oflL inL:res Lo th._, uA 1;1 F Lhat t he ruv(, that you will receive next year from the tickets that we issue is in excess of one million dollars. That is a substantial contribution. As you know, while it's not a city agent department per se.... Mayor Suarez: How much was it this year? I've never heard of a figure of a million dollars. Mr. Carlton: It's up from about $700,000 this year. So that is the first revenue. Mayor Suarez: Of course, we lose about ten million dollars worth of tourists because of those million dollars in tickets. Mr. Carlton: The second revenue that we gave this year was $300,000 for D.D.A., Though not directly to the City treasury, it did obviate the need for the City to fund it. Mayor Suarez: Remember that one. Mr. Dawkins: That one's against me, because I wanted to dissolve the D.D.A. so by giving them $300,000 you didn't help me, you helped them. Mr. Plummer: But I want you to know, O.K., because I was the guy that negoti- ated that, that now that D.D.A. has been restored to full funding, it is going to be my request of this Commission, since it is only for a one-year period, that in fact we hold back from this year's budget a $300,000 reserve, because I don't think... we had it down very well to where they could operate without it. They're staying in operation and if that thing is sunsetted as proposed in the State, they could be into a serious problem next year, and I want to hold $300,000 in contingency only to be expended by approval of this Commis- sion. Mr. Dawkins: They got full funding from where, J.L.? Mr. Plummer: They got full funding on the State Legislature for the D.D.A. They got their half a mill back. The Mayor went up and was instrumental in negotiating that in the legislature. Unfortunately, it was only for a one year period. Mr. Dawkins: No, unfortunately, it should have been zero a year. That's the unfortunate thing about it. Mr. Plummer: I'm sure I'll have no problem with you keeping the contingency f and. Mr. Dawkins: I will be up there this time negotiating, lobbying to kill it. So the Mayor will be up there to support it and I'll be up there to kill it. Mr. Plummer: Well, I don't think if you don't go, that pretty well tells them. Mayor Suarez: It will die a natural death so you'll win that one, I have a feeling. Mr. Plummer: You guys play your games, but don't send me next year to negoti- ate how to keep it alive. Mr. Carlton: The other source beyond things like a million for the tickets and three hundred for D.D.A. is our capital program. The profits that inure from Off -Street Parking are used for capital program. That program is a component of your five-year capital program. It's included right in it in the published document, but for that profit being used to build those projects, they would either not be built or people would be requesting the City.... Mayor Suarez: Such as, why don't we tell the people that are here what Coconut Grove Playhouse. Mr. Carlton: Such as the new entrance feature in the Design Plaza, the Coconut Grove Playhouse Garage. The things, Commissioner Dawkins, we're trying to do for the GUTS project, etc., etc., etc. 70 July 10, 1986 0 #1 Mr. Da -}:ins: Let ,ne t�,,k A qu- st inn. OUt Of all thc�s> just named that you give back to the City, what's the bottom line of profit that the Off -Street Parking end up with after you have done all these things? Mr. Carlton: Can I put that up on a graphic? Mr. Dawkins: You can just tell me. Mayor Suarez: It's very simple. The amount, we want to know the answer, the amount seems to be the difference between four point four five six million and two point eight eight nine million. So it's something in excess of two million dollars, say two point four. How can we get our hands on that and use for general fund purposes and a variety of other needs that we have in the City of Miami? Mr. Plummer: In all fairness, Mr. Mayor, I think we went through this budget. I think you have to keep a certain reserve within that budget for their capital improvements. Mayor Suarez: I understand, whatever portion of it. I mean, the answers that I have seen in memoranda is that it's almost impossible to get that money out. Mr. Carlton: Mr. Mayor, may I answer your question? By the way, I have not seen the written request on that issue. It did not come to me. The issue is a policy question for the City. You have the legal right, if we make a profit above what we need to operate, above what our reserve requirements are, you have the legal right to request a portion of that. Mayor Suarez: How do we do it? Mr. Carlton: That is a policy matter to be looked at in terms of the capital project. Mayor Suarez: Without affecting your existing bonds and so on. Mr. Carlton: Bond rating, and if you'd like a full report on that issue, we'd be more than glad to do it, but we have not been requested to do that. Mayor Suarez: My God I've seen those memos flying back and forth since November of last year. Mr. Carlton: Not to us. They have never come to us. Mayor Suarez: I accept a motion to that effect right now, if a Commissioner wanted to make it. I'd like to know from your viewpoint, because I've seen from the City's viewpoint, from the legal department's viewpoint how compli- cated it seems to be, I'd love to be able to put some of that money back into the general fund. Mr. Odio: I think, J.L., that if they have any profits, we should capture them and you decide what to do with those funds. Mayor Suarez: That's exactly what we'd like to do, what the City Manager is saying. Mr. Odio: I think that's what we should do. If they have profits, that the City of Miami should capture the profits and the City Commission decides how the profits are to be used. Mr. Dawkins: So moved. Mr. Plummer: Let me tell you how you do that. You very simply just say that none of those funds that are shown as restricted for capital improvements can be spent without Commission approval. Mr. Carlton: You do approve it on an annual basis; it's part of the budget. Mr. Dawkins: J.L., make the motion and I second it. Mr. Plummer: But individually, Roger, individually as you expend the funds frora that fund, you just merely bring it before Commission approval. 71 July 10, 1986 Mr. Dawkins: Make the motion, I'll seconJ it, J.L. Mr. Plummer: I have no problem with that. Do you have a problem with that? Mr. Dawkins: Yes, because he doesn't want to give you the money. Of course he has a problem with thati I don't blame him. Mr. Plummer: No, he's not giving us the money. Mr. Carlton: That's not what I said. Mrs. Kennedy: Let's hear him out. Mr. Plummer: He's not giving us the money. What he is doing, before he can expend any of those monies that are in a reserve fund marked capital improve- ments, he has to get approval of this Commission. Mr. Dawkins: And he needs three votes, which he may not get. Mr. Carlton, know what he's saying. I understand. Mr. Plummer: I so move that. Mr. Dawkins: Second. Mayor Suarez: Under discussion on this. What the Commission is doing, Roger, in effect, and Leslie, is pushing you into a decision, a direction that you'll have to finance each project, if at all possible, of these projects that you're talking about, on a per project basis, self sustaining basis; what you call, I think, a one point-0 financing. Mr. Plummer: No, no, no, that's not what we're doing. Mayor Suarez: Because each project, you'll have to convince me to approve it, if we're going to create a reserve fund that each project will be able to stand on its own as far as generating enough revenues to.... Mr. Plummer: Mr. Mayor, that was not my motion. Mr. Dawkins: Not my intention either. Mr. Plummer: My motion is to those funds that are identified as capital improvements, restricted funds not for use immediately. Mayor Suarez: What do you identify as capital improvements? Mr. Plummer: The two point.... Mayor Suarez: That's their operating budget for the year. That's what they've generated in profits. Mr. Carlton: Can I use this chart for a second? It really makes it clear. Mayor Suarez: I hope it makes it clear. I don't... charts don't always make things any clearer, but go ahead. Mr. Carlton: If you look at the first column on the left, we have in the bank projected at the end of this year, $2.85 million of unrestricted reserves. Mr. Plummer: That's what I'm speaking to. Mr. Carlton: Let me run through what it will be at the end of next year. The second column is our revenue next year, $7.6 million. The expenses that generate that, cashiers, cleaning, whatever is $4.45 million, which is an operational profit of $3.15. Where does that go? Our capital program, which is attached to this budget, which has.... Mr. Plummer: And that's what I'm speaking to, Roger, that that three point whatever you've got. Mr. Carlton: Three three three. 72 July 10, 1986 Mr. Plummer: Three three three cannot be spent without Commission approval. That's wha: I'm speaking to. Mr. Carlton: And what I'd like to do, Commissioner.... Mayor Suarez: How much of it is pledged already? Mr. Carlton: None of it. Mr. Plummer: None. Mayor Suarez: Not of what we're going to make in the next fiscal year. Mr. Carlton: There are commitments of studies that you've talked about, like the.... Mayor Suarez: No, no, I mean for bond issues or anything else. Mr. Plummer: No, no. Mayor Suarez: None of it is pledged. It's all unrestricted reserves. Mr. Plummer: Listen to me, Mr. Mayorl. My motion includes the two point five, two point eight five from this year and the three three three from next year. Any of those monies to be expended have to come before this Commission for approval. That's it. Mr. Carlton: Commissioner, what I'd like to do is bring that to you in a package at the beginning of the year. Mr. Plummer: We're talking about individual items. Mr. Carlton: You're talking about 50 different projects. Mr. Plummer: So, we got one a week. It doesn't mean, Roger, that you can't bring six of them to us in a group either. Mr. Dawkins: Or that I can turn down three of them and send three back either. No problem. Mayor Suarez: You couldn't possibly have 50 of them initiated in one year. Mr. Pantin Sr.: Those are very small ones sometimes. Mr. Carlton: We're talking about projects that range from $25,000 for paint- ing a garage, on up to a feasibility study in Little Havana, on up to parking lot that may be $200,000. Mr. Dawkins: O.K., of the $25,000 painting contracts, how many of them have you let this year? Mr. Carlton: None, sir, let me.... Mr. Dawkins: No, I mean you haven't painted nothing this year? Mr. Carlton: We have not. Mr. Dawkins: Last year what did you paint? Mr. Carlton: 90%. Mr. Dawkins: How are you going to bring me a painting contract if you didn't bring in any last year? Mr. Carlton: The numbers I gave you are for next year's projected capital budget, next year. That three point three.... Mr. Dawkins: I call the question on Commissioner Plummer's motion. Mayor Suarez: I think the motion, basically is that the unrestricted reserves created in any one fiscal year have to be brought back to the Commission before their.... 73 July 10, 1986 Mr. Plummer: Nu, please don't say what Commissioner said, ask Comaussionc.. Commissioner said that the two point eight five, which was generated last year and the three three three projected for this year is from my motion, when expended has to come before the Commission. You're talking about roughly almost a little over six million dollars. Mr. Dawkins: And be approved by this Commission. Mr. Plummer: Exactly. Mrs. Kennedy: Roger, why is this so unreasonable do you think? Mr. Carlton: If you're talking about a conceptional approval, here are the projects, here's the minority component we're going to get, here's this, here's that.... Mr. Dawkins: That's what I want. Mr. Carlton: We'll do that. Mr. Dawkins: Everything you're saying is just what I want. Mr. Carlton: But if you're talking about bringing the contract award down here, that's something else. That will cripple our agency. Mr. Plummer: Why will it cripple you? Mr. Dawkins: Triple your what? Mr. Carlton: Cripple. Mr. Dawkins: Triple what? Mr. Plummer: Triple or cripple? Mr. Carlton: Cripple, "C". Mr. Plummer: But why will it cripple you? Mrs. Kennedy: That's what I'm asking, why? Mr. Plummer: I move that this item be deferred. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mr. Plummer: Hey, you're not giving me a satisfactory answer, Roger. Mr. Carlton: Let me ask that clarification, then, if I might. Mr. Plummer: Ask a clarification. Mr. Carlton: What do you want us to bring to you? Mr. Plummer: Anything that is to be expended out of these funds must be approved by this Commission. Mr. Carlton: The actual award of the contract. Is that what you're saying? Mr. Plummer: I'm not necessarily saying the contract, I'm saying the appro- priation for that project. Mr. Carlton: Agreed, we will do that. Mr. Plummer: I have no problem. Mayor Suarez: The mechanics of how you work out your contracts, we don't particularly supervise that in the case of the City, but we approve the.... 74 July 10, 1986 10 4 Mr. Plummer: Well, Commissioner does and we all know where he's coming from. that's no secret. Conmissioner "aWkii1S Wants L:: u_._ sure tl;aL an alcy,iate portion of those monies when spent for capital improvements go to minorities. There's nothing wrong with that. Mr. Carlton: We will do it, agreed. Mayor Suarez: So for my clarification and not to confuse the motion in any way, the motion stands as it was made. But for my clarification, are the funds that Commissioner Plummer included in his motion not what you referred to as unrestricted reserves? Mr. Carlton: What he referred to is unrestricted reserves. Mayor Suarez: Commissioner Plummer, I was just trying to get a clarification on the terms, but otherwise we're going to go around and around every year. Those are unrestricted reserves? There are some that are restricted. You have pledged certain income from parking meters and.... Mr. Carlton: Restricted reserves.... Mayor Suarez: All the garages have... go ahead. Mr. Carlton: Restricted reserves are from two sources. One is that every revenue bond trust indenture says that there will be one year of debt service in the bank, plus a percentage of your annual budget, that has to sit in the bank. Mr. Plummer: That's not up for capital improvements. Mr. Carlton: Our understanding is that it is the balance of the reserves. Mr. Plummer: Two point eight five from last year and three three three from this year. Mr. Carlton: Yes, sir, that's very clear. We agree, we will do it. Mayor Suarez: The unrestricted reserves is the correct term? And at this point, what is the fund balance on that? Mr. Carlton: Projected at the end of the year, two eight five, it's a little less than that. Mr. Plummer: In effect what we're doing, Mr. Mayor, is we are making them damn restrictive. That is in effect what we're doing, because they're going to have to come here and say, "We want to spend X number of dollars here," and they're going to have to justify it to get this Commission to approve it, which is something we've never done in the past. Mayor Suarez: One more clarification. Are there some revenues from parking meters or parking garages that could never be a part of the unrestricted reserve on a yearly basis because they've been pledged for bond issues, that could never be touched, that could never be a part of this fund? Mr. Carlton: All Off —Street Parking revenues are pledged against bond issues. Mayor Suarez: As a generic thing, as a collective thing. Mr. Carlton: That is correct. Mayor Suarez: Not specific ones. Mr. Carlton: The new ordinance that you approved allows a portion of those on the one point 0 coverage bonds to not have that restriction. It's just for that particular project. We've gone through that before. Mr. Dawkins: Can I ask a question? The unrestricted funds only become unrestricted after you have met all your debt obligations. Is that right? Mr. Carlton: That's correct. 75 July 10, 1986 4r Mr. Odio: I would like to, Lucia, that means we can use it for anything we went. Mr. Dawkins: We have seven minutes before we break for lunch. Mayor Suarez: On a yearly basis at the end of the fiscal year, we know in effect what is unrestricted, although it's really unrestricted by virtue of the fact that we didn't have to spend the money in that particular year. Mr. Carlton: I think your direction is very clear. You want to see the capital. You want to hear the plans. You want to approve the deals. That's fine. Mr. Plummer: That's all we're saying. Mayor Suarez: We might want to take some of that money to use for a variety of other sources. Mr. Plummer: There is nothing that says we can't. Mayor Suarez: We can do that. Is that correct, Madam City Attorney? We can, C-A-N do that? Mrs. Dougherty: Yes. Mayor Suarez: Because the memos that I've seen are quite complicated as to whether we can or not. I'm going to share those with you, Roger, so that you see some of the confusion that we've gotten up to now. Mr. Carlton: Basically, there is an earnings test and we have to meet a certain earnings level before you can do that. We are at that range. Mayor Suarez: Memos don't look that simple to me. We have a motion and a second. Do we also incorporate the approval of the budget in that motion? Commissioner Plummer, was that your intent? Mr. Plummer: I'm sorry. Mayor Suarez: Was it your intent to also incorporate the approval of the budget in your motion? Mr. Plummer: Oh, yes, sir, I moved that already. Commissioner Kennedy seconded. 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. 86-555 A RESOLUTION APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 IN THE AMOUNT OF $4,456,240 TO PROVIDE FOR THE OPERATION OF THE ENTIRE DEPARTMENT OF OFF-STREET PARKING, EXCLUDING DEPRECIATION AND OTHER NONOPERATING EXPENSES OF $2,889,750 AS REFLECTED IN THE OFF-STREET PARKING RESOLUTION NO. 86-768, ADOPTED JUNE 18, 1986; SAID APPROVAL BEING SUBJECT TO CERTAIN CONDITIONS IN REGARD TO EXPENDITURE OF THE CAPITAL IMPROVEMENTS FUND CONTAINED IN SAID BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 76 July 10, 1986 4 AYES: Commissioner Joe Carollo J. L. J. . Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 36. APPROVE ANNUAL BUDGET OF THE WORLD TRADE CENTER GARAGE Mayor Suarez: Item 49. Mr. Carlton: Mayor, members of the Commission, this is the World Trade budget, which is your garage that we manage. We're pleased to tell you that after five years of very difficult operations, that that garage is in a break even position, including debt its service. It's represented up there, the expenses, the revenues, the debt service, but essentially it's break even. We believe when Centrust Tower opens that we'll be making a profit there for the City, which will help out with the overall Knight Center scenario. Mr. Plummer: Based on this year's breaking even, approximately what would you say the average percentage of that being filled? Is that 50%? Mr. Carlton: It's about 60% today. Mr. Plummer: So, in other words, what you're saying also in the future, if they fill it up to a 100%, we expect 40% return. Mr. Carlton: Right now it'll take time as Centrust rents up. But sir, I think that garage will be a real profit center for the City very soon. Mr. Plummer: Where do the revenues of profit go to? Mr. Carlton: To the Knight Center overall funds. Mr. Odio: Knight Center. Mr. Plummer: Oy-vayl Mr. Odio: I want you to know, Commissioner, that part of the negotiations with the developer to convert the stores into exhibit space is that they will release 500 spaces that they, under contract, we had to keep for them. They will release those spaces. Mr. Plummer: They were also obligated to pay for them whether they used them or not. Weren't they? Mr. Odio: No, sir, they were not. Mr. Carlton: The hotel has the right to ask for 252 of the spaces at 6:00 in the morning where it's valet service. It has never done that. But we have to be careful, because they could call at 6:00 in the morning and say, "We need them." So we're trying to get lose from that provision'. Mrs. Kennedy: Let's not lose sight that we've finally reached a milestone after five years. We're finally breaking even and making some money. I hope that one day we can say the same thing about the Knight Center. Mayor Suarez: What was the deficit last year, bearing on that same issue? What was the deficit in this particular fund last year, parking garage fund? Mr. Carlton: A number of hundreds of thousands, so I don't have it right in my head. Mayor Suarez: So if now all of a sudden we break even on it, presumably that would reduce the expected loses on the Knight Center by a similar amount. 77 July 10, 1986 Mr. Carlton: Mr. hay_ , tom- ,sz,i�ner.s, I hrio4 that there's a'lw;,ys a lit�lc dynamic tension in our relationship, but this has been a nightmare. Mayor Suarez: You mean you and me? Mr. Carlton: No, in general. This has been a nightmare for the department to manage for five years. We have done our best to get the City out of the hole on this thing. I just hope that is appreciated. Mr. Plummer: Call the roll real quick like before somebody changes their mind. Mayor Suarez: Very appreciated, so much so that we're going to call the roll right now. Mrs. Kennedy: I move item 49. Mayor Suarez: It's been moved. Any further discussion? Hearing none and appreciating a great deal what you've done, call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-556 A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE WORLD TRADE CENTER GARAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 IN THE AMOUNT OF $843,027 TO PROVIDE FOR THE OPERATION OF THE WORLD TRADE CENTER GARAGE, EXCLUDING DEPRECIATION OF $330,000, AS REFLECTED IN OFF-STREET PARKING RESOLUTION NO. 86-769 ADOPTED MAY 29, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 37. APPROVE ANNUAL BUDGET OF THE DOWNTOWN GOVERNMENT CENTER GARAGE Mr. Plummer: Now comes the problem area. Mr. Carlton: Now is the second nightmare, the Government Center Garage. This garage was built under the assumption that Metropolitan Dade County would close the surface lots in the Government Center. A feasibility study makes that clear. The City committed about ten years ago, and the County did, in something called the tri-parte agreement with the State of Florida to build a garage. That's what allowed the State to build the Government Center office buildings, one of which is under construction today. The County, as you know, ran out of money to finish the Government Center. It has left the surface lots open and in fact, today is making money on them itself. We have asked them to close them. They are not willing to do that and as I suggested to Cesar that that become part of your total discussion of the various issues with the City. Mr. Plummer: Was it an assumption or an obligation? 78 July 10, 1986 '0% Mrs. Kennedy: Of pending things that we t,ave to get down to, right? Mr. Carlton: We'll have to clarify that. I think that the study assumed it. I think that the tri-partied agreement probably requires it. Mr. Plummer: So what you're saying is we've got to subsidize it or you've got to subsidize it. We do at $311,000. Mr. Carlton: No, sir, one point two five million. Mr. Plummer: Are we on item 50? Mr. Carlton: Yes, sir. The operational cost of the garage is.... Mr. Plummer: I'm looking at my agenda. Item 50 states $311,796. Mr. Carlton: That is... what you approve is our operational budget. The bonds and the debt service and the costs are backed by your utility taxes and that deficit is in your overall City budget. Mr. Plummer: Mr. Manager, where is the one point two five million coming from to keep this nightmare open? Mr. Odio: We're paying for it. We have to cover the deficit on that. Mayor Suarez: From the general fund. Mr. Plummer: O.K., let me ask a question. What is the total revenue this garage brings in? Mr. Carlton: $325,000. Mr. Plummer: Total revenue? Mr. Carlton: Yes, sir. Mr. Plummer: Why don't we close it? Mayor Suarez: We sell it. Mr. Plummer: I'm serious. Mr. Dawkins: Close it. I am too. Mr. Plummer: I'm serious. If you have to subsidize it at a million two. Mr. Carlton: You still have to pay the bonds, sir. The bonds are a trust of the City. Mr. Plummer: Why don't we sell it? Let's just close it and sell it. Mr. Odio: Or transfer the deficit to the Off -Street Parking Authority, give them the title for the whole building, and let them pay for the deficit. Mr. Dawkins: No, no, I just took too much from him. I don't want to beat him up too bad. Mr. Plummer: Go get them all in one day. Mr. Odio: That building should be owned by them and they.... Mr. Dawkins: Only if they want it. If they don't want it, then I want to sell it. Mr. Carlton: You can't have the capital program and the deficit. Mayor Suarez: I see the chairman very nervous. The executive director is eager to take the asset. The Chairman is concerned about the deficit. You guys come to some agreement, maybe we'll give it to you. Mr. Plummer: The question has to be, how much is the bonds remaining? 79 July 10, 1986 j_.-,L «tlnanced them ajc. Y atoUL thirteen, fourteen million. Mr. Plummer: What could we sell the structure for? Mr. Carlton: It cost well over eleven million to build three years ago. I.... Mr. Plummer: Would anybody in the private sector be interested in buying? Mr. Carlton: Not with this historical revenue. Mr. Plummer: Can we convert the building and make an administrative building out of it? Mr. Carlton: We're working on that right now. Mr. Odio: We're working on that now as far as a day care center and office space there. Mr. Dawkins: Why did we have to ask you for that? Why didn't you volunteer that? Mr. Plummer: What I'm saying is, if you're taking in $300,000 and you're losing a million two. Mr. Odio: That's why I recommend that we turn it.... Mr. Plummer: That's not the math I was taught. Mr. Odio: I recommend that we turn the building over to the Off -Street Parking, really. Mr. Plummer: He's saying he can't turn it over. Mr. Dawkins: But you're not telling me how I'm going to get my eleven mil- lion. Mr. Odio: No, they would have to pay out the bond obligations that we have and pick up the.... Mr. Dawkins: And you think he's going to do what he just told you that the private sector isn't going to do? Mr. Odio: I think they do have an obligation to take over the building. Mrs. Kennedy: Mr. Manager, doesn't it make sense to place this item in the package of the things that we have for the County? Mr. Odio% I have, I'm researching that tri-partied agreement to see if they do have an obligation. But my best recommendation at the time, and I men- tioned it to Carlos, is to turn the building over to the Off -Street Parking and let them run it the best way they can. It might have a future because we have the arena being built about four blocks from there, and they are in the parking business and we're not. Mr. Plummer: Let me ask you this. Is it possible we turn the building over, give it to them free of charge and they pick up the deficit? Mr. Odio: Sure. Mr. Plummer: Why can't you do that? Mr. Odio: And they pay the debt service. Mrs. Kennedy: Why not, Carlos? Mr. Dawkins: Hold it, Carlos, go ahead, because I have a question. Mr. Carlos Garcia: Commissioner, we have spent a lot of money and we have invested a lot of money on that building. I don't think we should turn.... 80 July 10, 1986 i I A Mr. Plummer: les, but we ,u lo::..-,g a hell of a 1UL! Mr. Dawkins: If you decide to give that building away, which you would be doing if you give it to Off -Street Parking without money, there is not a parking garage in the City of Miami owned by no minorities, so I'd like to see some minorities get together and you give it to them and they own it. Mr. Plummer: Yes, but wait a minute. You're not doing them a favor. No, no you're not doing them a favor. Where are the minorities going to get the one point two five million deficit? Mayor Suarez: It's losing, yes. Can you give us a cap of.... Mr. Dawkins: They can operate it at a profit. Mr. Plummer: How? Mrs. Kennedy: No, it doesn't work that way. Mr. Plummer: How? Who's going to pay for the bonds? Mayor Suarez: Can you give us a financial statement just for this particular facility that would show what you might expect from the market if you sold it? Mr. Plummer: I think you just made your first capital appropriations approv- al. Mr. Carlton: Can I ask you to... you seem to hit things right on the head, J.L. Can we ask a favor? All that's here today is a budget to allow the damn thing to operate next year. Mr. Plummer: Maybe we don't want it to is what we're trying to tell you. Mr. Carlton: If the policy direction of this Commission is to instruct the Manager to sit down with Off -Street Parking and find the appropriate way to get out from under the deficit.... Mayor Suarez: Including possible sale, if someone in the private sector is willing to pay for this thing. Mrs. Kennedy: Consider it in your options. Mr. Dawkins: And if we're going to give it to Off -Street Parking, I want to give it to a minority or the private sector. I'm not going to give Off -Street Parking nothing else. Now, that's alll Mrs. Kennedy: Roger, is a day-care center being discussed in this package or is that another issue later? Mr. Carlton: That's later on in the agenda. Mayor Suarez: Notice that if we were to close it, let me just make one last point here, if we were to close it, instead of losing one point two five million, we'd be losing one point eight seven million, so let's not be so.... Mr. Dawkins: Why you be losing that? Mayor Suarez: Because then we wouldn't even get the $325,000 a year. Mr. Dawkins: You wouldn't need it, because you wouldn't have to have pay nobody to operate it. Mayor Suarez: How much of the three twenty-five would, I mean, how much does it actually cost to operate it? Mr. Carlton: Our management fee for operating that place for you is $9,000 a year. Mayor Suarez: Yes, that's a minor amount. We'd lose a lot more if we closed it than what we're losing. 81 July 10, 1986 Mr. Odio: No, if we close it, we'd lose the debt service. Mr. Plummer: No, how do you figure if we close it we lose more? Mayor Suarez: Because we wouldn't have any income of $325,000 a year. Mr. Carlton: You have to pay the bonds and you have nothing coming in. Mayor Suarez: How much are the operating expenses? Mr. Plummer: But you're losing a million two five each year. If you close it, you save that. Mayor Suarez: Yes, but a lot of that is debt service. Mr. Plummer: I don't care what it is. It's money out of the taxpayers. Mr. Odio: The debt service is one point two six. Mayor Suarez: But we still lose it whether we close it or keep it open now. If we can sell, that would be a different thing. Go ahead, Roger. Can you give us this particular item, give us an accountable picture of this particu- lar item, financial statement for this particular. Mr. Odio: The debt service and the loss is the same amount. Mr. Carlton: The solution to this problem is not the negative proposed, the solution is to boost up the revenues and get the garage full and have.... Mayor Suarez: Well maybe the wrong use though, that's what we're implying here. Mr. Carlton: A garage is a garage. The only thing.... Mr. Dawkins: You want to fill the garage? Drop the fee for parking. Mr. Carlton: We did that. We opened at sixty-five and dropped it thirty- five. It's forty. Mr. Dawkins: Thirty-five a month? Mr. Carlton: That's right. Mr. Dawkins: Does the public know we have a parking garage for thirty-five dollars a month? Mr. Carlton: Oh, yes, they do. We have in there today.... Mr. Dawkins: No, no, no, have we actively advertised in the whole City of Miami that those individuals who are in two or three blocks of that garage, that they can park for $35 a month? Mr. Carlton: We handed flyers out to every office within three or four blocks. Mr. Plummer: The parking lot next door, the parking garage next door that the County operates, how much do they charge? Mr. Carlton: They charge the same as we do. Mr. Plummer: Then undercut them. Mr. Carlton: There's a difference. They pay for theirs from general obliga- tion debt, so that garage spread throughout Dade County including the resi- dents of the City of Miami. That garage is essentially subsidized by ad valorem taxes. Mr. Plummer: How full is the garage in question? Mr. Carlton: Ours? Mr. Plummer: Yes. 82 July 10, 1986 ... Mr. Carlton: It's got about 600 spaces of the e..even hundit-d. Mr. Plummer: So it's about 60% full. Even if we were 100% full we would still have a deficit? Mr. Carlton: At the current prices, yes, sir. Double the revenue, so you'd be losing about a half million a year. Mr. Plummer: The more business we do, the more our loses. Mayor Suarez: Do we have a motion on item 50 adopting the budget and in- structing the City Manager.... Mr. Carlton: And instructing Cesar and I to give you a report on how to get out of this problem. Mr. Plummer: So move. Mayor Suarez: On how we can possibly divest ourselves of this asset. Mr. Dawkins: I'm going to vote against the motion, because like I said, you need to close it and I'm not going to stand up here and spend taxpayers dollars when I'm not picking up the garbage, when I don't have anything else. That's just my vote. Mr. Carollo: Why don't we take this up because we got a few more items that Roger is here for in the afternoon. Mayor Suarez: We've got one more for you. Mr. Carlton: Then we'll be back later for other items. Mayor Suarez: The Olympia and York, what's the Commission pleasure on this item? Mrs. Kennedy: It has been moved and seconded. Mayor Suarez: Moved and seconded. Any further discussion? It includes the instruction of figuring out what to do with this asset that is obviously losing all kinds of money. Call the roll. Mr. Plummer: That shouldn't take long. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-557 A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DOWNTOWN GOVERNMENT CENTER GARAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 IN THE AMOUNT OF $311, 796 TO PROVIDE FOR THE OPERATION OF THE DOWNTOWN GOVERNMENT CENTER GARAGE, AS REFLECTED IN OFF-STREET PARKING RESOLUTION NO. 86-770 ADOPTED JUNE 18, 1986; FURTHER INSTRUCTING THE CITY MANAGER TO GIVE THE CITY COMMISSION A REPORT ON POSSIBLE MEASURES FOR ELIMI- NATING THE $1.2 MILLION ANNUAL DEFICIT IN CONNECTION WITH THE OPERATION OF THE DOWNTOWN GOVERNMENT CENTER GARAGE. (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- 83 July 10. 1986 a AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 12:08 P.M. RECONVENING AT 2:35 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMIS- SIONER KENNEDY. !1= FOR THE RECORD: Commendation presented to Jose Perdomo, Officer of the month of May, 1986. 38. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR OPERATION OF GUSMAN HALL AND OLYMPIA BUILDING Mr. Plummer: Where did we leave off, item 51? Mayor Suarez: We left off at 51, Roger. Mr. Plummer: Would somebody go get Roger Carlton out of intensive care, please? Mr. Carlton: I had Maalox for lunch. Mayor Suarez: It wasn't that bad. Mr. Plummer: Yes, but what you don't know is you're going to have cyanide for dinner. Mr. Carlton: Item 51.... Mr. Plummer: You got any problems with item 51? Mayor Suarez: No problem at all. Mr. Plummer: See if Miller does. Miller, do you have any problems with 51? Mr. Dawkins: 51? Mr. Plummer: Gusman Hall. Do you have any problems with 51? Mr. Dawkins: No. Mr. Plummer: I move item 51. Mr. Dawkins: Second. Mr. Carollo: Second. Mayor Suarez: So moved, seconded. Any discussion from the Commission? You thought you were going to have to make a long presentation. Mr. Plummer: For the record, he didn't pay for my lunch. Mayor Suarez: Call the roll. 84 July 10, 1986 a 0 The following resolution was introduced by Commissioner Plummer, who moved its adoptic , RESOLUTION NO. 86-558 A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 IN THE AMOUNT OF $798,099 TO PROVIDE FOR THE OPERATION OF GUSMAN HALL AND THE OLYMPIA BUILDING, EXCLUDING DEPRECIA- TION OF $64,860, AS REFLECTED IN THE OFF-STREET PARKING BOARD'S RESOLUTION 86-771, ADOPTED MAY 29, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 39. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Mayor Suarez: Item 52. Mr. Odio: This is the two year agreement providing for a four percent in- crease in wages.... Mr. Plummer: Move item 52. Mr. Dawkins: Second. Mayor Suarez: Moved, seconded. Mr. Carollo: I vote yes on that one. Mr. Plummer: By the way, did you all see that ad in the paper. Mr. Dawkins: Yes, sir, by all means. Mr. Plummer: Who is this guy that put that ad in the paper? Mr. Odio: What ad? Mr. Plummer: You didn't see it about the firemen and the fat cats? Mr. Odio: No. Mr. Plummer: Well, the reason I'm asking is, did you see it, Bob? Do you know who he is? Mr. Bob Alexander: He is a citizen who has a long list of fire/safety code violations. Mr. Plummer: The question I really have, I guess, it's stated at the bottom of the ad, which he obviously paid for, "paid political announcement." Is he a candidate for something? Mr. Alexander: We're checking out his credentials to see what pack he repre- sents or why he was able to place a political ad with the Ethics Commission up in Tallahassee, and a local one too. 85 July 10, 1986 r Mr. Dawkins: I'd like to know who paid fc: it. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll on 52. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-559 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, FOR THE PERIOD OF OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1987 UPON THE TERMS AND CONDI- TIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 40. DIRECT MANAGER TO SELECT, NEGOTIATE AND EXECUTE AGREEMENT WITH MANAGING UNDERWRITER FOR CERTIFICATES OF PARTICIPATION IN A LEASE PURCHASE AGREE- MENT. Mayor Suarez: Item 53. Mr. Plummer: Who's the underwriter? Mr. Odio: Carlos. Mr. Plummer: Carlos is the underwriter? Mr. Odio: He wishes. Mr. Plummer: Who is the underwriter? Mr. Odio: Wait a minute. Mr. Plummer: Due to the lack of interest, today has been cancelled. Mr. Odio: We are not selecting the underwriter. ghat we are proposing here.... Mr. Plummer: It says to select, negotiate, and execute. Mr. Odio: To negotiate an agreement with the managing underwriter. That's with Laury. Mr. Plummer: Do you have to bring it back to us whoever you select? Mr. Odio: Yes, air. Mr. Plummer: I move item 53. 86 July 10, 1986 r Mayor Suarez: So moved. We need a second. Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Plummer: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-560 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELECT, NEGOTIATE AND EXECUTE AN AGREEMENT WITH A MANAGING UNDERWRITER WITH RESPECT TO THE PROPOSED OFFERING, NOT TO EXCEED $20,000,000, CERTIFICATES OF PARTICIPATION IN A LEASE PURCHASE AGREEMENT, PURSUANT TO WHICH THE CITY OF MIAMI, AS LESSEE, WILL FINANCE THE ACQUISITION OF CERTAIN VEHICLES AND EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 41. IMPLEMENT COLLECTION FOR DELINQUENT SOLID WASTE FEE BILLS Mr. Plummer: Move item 53.1. Mr. Dawkins: Second for discussion. Mayor Suarez: Moved and seconded. Mr. Dawkins: Under discussion, is this an extension of the hiring of the private sector to collect these funds? Mr. Odio: No, sir, not whatsoever. What we're doing here, Commissioner, as I met with the staff last week, they informed me that in spite of us having increased our efforts to collect and we have collected quite a lot of the outstanding bills, we still have an outstanding amount of $5,000,000 that we can collect. The problem is we need more leverage over the property owners. What we're proposing here is that we can put a lien on their houses and foreclose if they don't pay what they owe this City. It has nothing to do with any private collectors. Mr. Dawkins: O.K., but on page two it says, "Dade County has never fore- closed on any property involved in this process. It would be the City's intention not to foreclose, but rather to use this process as an effective collection mechanism." What is this...? Mr. Odio: I don't know what Mr.... Mr. Dawkins: This is an exercise in futility. Mr. Odio: I don't know what Mr. Garcia's intentions are, but I tell you my intention when I told him to put this item on the agenda is that if they don't Pay, we're going to go all out to collect our money. 87 July 10, 1986 r r •• 'r1e1' , ..,u srs t!:. Mr.-agcr, so I guess that's the policy. Mr. Odio: Yes, sir. Mr. Dawkins: Thank you. No further discussion. Mr. Plummer: Call the roll. Mayor Suarez: Moved and seconded. Any further discussion from the Commis- sion? Hearing none, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-561 A RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT A COLLECTION PROCESS FOR DELINQUENT SOLID WASTE FEE BILLS ALLOWING THE CITY OF MIAMI TO FORECLOSE THOSE SOLID WASTE SPECIAL ASSESSMENT LIENS THAT HAVE REMAINED UNPAID FOR OVER ONE (1) YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 42. EMERGENCY DEMOLITION OF COMMERCIAL STRUCTURE AT 7500 BISCAYNE BOULEVARD Mr. Plummer: Who owns the property at 7500 Biscayne Boulevard? Mr. Odio: Which one? Mr. Plummer: Item 54, who's the owner of the project? Mr. Walter Pierce: We're not really certain of who the owner is. That property was involved in a bankruptcy action. Mr. Odio: Is that the Aloha? Mr. Pierce: That is the Aloha Motel. Mr. Odio: That is the Aloha Motel. Mr. Plummer: If you go in there and tear it down.... Mrs. Dougherty: We already did. This is ratifying. Mr. Pierce: It's already torn down, sir. Mr. Odio: It's gone. Mr. Dawkins: And cleaned and the lot's cleared. Mr. Plummer: So we don't have to pass this. Mr. Pierce: Yes, you do, sir. 88 July 10, 1986 f W "- n,"^• v„s :•nL, do, sir, because I ncs-i... NOTE FOR THE RECORD: Commissioner Kennedy entered meeting at 2:42 P.M. Mr. Plummer: No, you did it without our approval. Mr. Odio: We need it on an emergency procedure. Mr. Plummer: Now are we going to get our money back? Mr. Pierce: We are going to file a lien against the property. Mr. Odio: We keep the corner, if they don't want to pay us. Mr. Plummer: But have you filed such a lien? Mr. Pierce: We don't yet have the final bill. As soon as we get it, we will record that lien. Mr. Plummer: And they'll sell it before you get the final bill. Mrs. Dougherty: No, they won't. Mr. Pierce: It doesn't matter. Mr. Odio: No, sir. Mr. Plummer: I move 54. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. What was the urgency of the situation that led you to do this without...? Mrs. Dougherty: Fire. Mr. Odio: Fire hazard; it was falling apart. Mr. Dawkins: Ms Grace Rockefeller came up here and browbeat all of you into doing it; that was the emergency. Mr. Pierce: I also want to put on the record that the Police Department ran a training exercise in there one morning and approximately an hour before they were in.... Mayor Suarez: They wrecked it. Mr. Pierce: No, they found a body in there. Someone just had their throat cut. Mr. Dawkins: Who came up and told you about the body? Mr. Pierce: We found that out from the Police Department. Mr. Dawkins: But who complained the most about the building they had torn? Mr. Odio: Grace Rockefeller, sir. Mr. Pierce: Grace Rockefeller. Mr. Dawkins: Thank you, I just wanted that in the record. Mr. Odio: You're always right, Commissioner. Mayor Suarez: Call the roll. Mr. Plummer: Boy, are you trying to keep your jobl Mr. Odio: Yes, sir. 89 July 10, 1986 t W Mr. Dawkins: That's my Mrs. Kennedy: Talking about political pressures. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-562 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTIONS OF THE CITY MANAGER IN FINDING THE DEMOLITION OF THE COMMERCIAL STRUCTURE LOCATED AT 7500 BISCAYNE BOULEVARD TO BE AN EMERGENCY PROJECT AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THE IMPLEMENTATION OF SAID PROJECT TO FINISHES UNLIMITED, INC. FOR THE DEPARTMENT OF BUILD- ING & ZONING AT A TOTAL PROPOSED COST OF $36,454.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOP- MENT PROGRAM WITH RECOVERY BY NORMAL LIEN HOLDING PROCEEDINGS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Agenda item 55 was withdrawn. At this point, agenda item 56 was deferred, see label #44. 43. APPOINT HAYDEE CEBALLOS, HOWARD GARY, AND RAUL MASVIDAL TO THE AUDIT ADVISORY COMMITTEE Mayor Suarez: Item 57, there are a few of us, I think, that have some left there. Mr. Odio: The Commission decided to appoint five new members to this commit- tee. Mayor Suarez: The Audit Advisory Committee. Mr. Odio: Yes, and each Commissioner has one member to'recommend. Mayor Suarez: Any Commissioners have a name to nominate? Mrs. Kennedy: I'll wait on mine. Mayor Suarez: I'll nominate Haydee Ceballos, CPA. Any others? Mr. Plummer: How about Howard Gary? Mr. Dawkins: Is he a CPA? Mr. Plummer: He doesn't have to be a CPA. 90 July 10, 1986 t W Mr. Odio: Does he know anything about the budget here? Mr. Plummer: Do you want to serve? I nominate Howard Gary. Mr. Dawkins: I wouldn't take it, Howard. I wouldn't take it, man, not from J.L. Mayor Suarez: Any other nominations? Mr. Plummer: He's my friend. Mayor Suarez: Do you want to make those into the form of a motion reserving the rights of the other Commissioners to.... Mr. Plummer: So move Mr. Carollo: I nominate Raul Masvidal. Mayor Suarez: We have three nominations: Raul Masvidal, Haydee Ceballos, and Howard Gary. Mrs. Kennedy: Anybody want to nominate Manolo Reboso? Just kidding. Mr. Dawkins: In order to balance it off, I really should come up with a.... Mr. Carollo: I want somebody that has the experience that a banker does in keeping track of trust accounts and how things are channeled in them and out and everything. Mr. Dawkins: I'll have somebody by the next meeting. Mrs. Kennedy: Me too. Mr. Dawkins: I mean I'll submit it before the meeting. Mayor Suarez: We have three nominations, the other two being reserved for two Commissioners. Do we have that in the form of a motion and a second, please? Mr. Plummer: So move. Mrs. Kennedy: Second. Mayor Suarez: Seconded, call the roll. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-563 A RESOLUTION APPOINTING FIVE INDIVIDUALS TO THE CITY OF MIAMI AUDIT ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 91 July 10, 1986 r 44. APPOINT MAURICE FERRE TO THE AUDIT REVIEW COMMITTEE TO REVIEW THE WATER AND SEWER AUTHORITY Mr. Carollo: I'd like to bring up item 56 again. It's my appointment. I'd like to appoint Maurice Ferre. Mayor Suarez: On item 56, is that your nomination? Mr. Carollo: That is correct. Mayor Suarez: Maurice Ferre, do we have a motion and a second? Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-564 A RESOLUTION DESIGNATING AND APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A MEMBER ON THE AUDIT REVIEW COMMITTEE ESTABLISHED BY DADE COUNTY ORDINANCE NO. 86- 8, ADOPTED FEBRUARY 4, 1986, ENTITLED: "ORDINANCE ESTABLISHING AN AUDIT REVIEW COMMITTEE TO PERFORM AN ANNUAL REVIEW OF THE MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT'S BUDGETS AND SEGREGATION OF FUNDS; PROVIDING AN EFFECTIVE DATE.'; FURTHER DIRECT- ING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE CLERK OF THE BOARD OF COUNTY COMMIS- SIONERS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 45. APPOINT PAUL COLLINS TO THE WATERFRONT BOARD Mayor Suarez: How many appointments do we have on 58 now? Do we just have an alternate? Mr. Odio: Two alternates. Mr. Plummer: Two. Mayor Suarez: I've got a nomination. Frank Albritton, very concerned about the waterfront, very active. Mr. Plummer: Mr. Mayor, let me just make a question and I'm not speaking disparagingly of Mr. Albritton, but doesn't he hold a contract with the City? If I'm not mistaken, he does. 92 July 10, 1986 s Mayor Suarez: He has a con•.:_,�;c ., Mr. Plummer: He has the sailboat rentals, and Madam City Attorney, the man has a lease on the waterfront with the City. Would that be a potential conflict of interest? Mrs. Dougherty: No officer of the City may hold a contract.... Mr. Plummer: He's not an officer. Well, O.K., Waterfront Board would be an officer? Mrs. Dougherty: Could be. Mr. Plummer: Well, he holds a contract, Mr. Mayor. What is it? Castle something. Mayor Suarez: Castle Harbor. Mr. Plummer: It's his business and I don't know how he can serve on. Mrs. Dougherty: Furthermore, since they do have a continuing responsibility for the waterfront, it would be a conflict of interest. Mr. Plummer: O.K. Mr. Dawkins: I nominate Paul Collins. Mayor Suarez: Paul Collins nominated. Any other nominations? Mrs. Kennedy: I'll nominate mine before the end of this meeting. Mayor Suarez: The thing is we only get two, so it's not a matter of one each, but does anybody have any problems with Paul Collins so we can get an alter- nate at least? Mr. Plummer: Not at all. Mayor Suarez: Moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded, any further discussion? Call the roll on Paul Collins. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-565 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI WATERFRONT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 93 July 10, 1986 I 46. DEFER APPOINiMLNTS TO UuWNTJWN DLVLLOFhL,iT AUTIIt.,i!!Y bu,,i.D Mayor Suarez: Item 59. Mr. Odio: These are the three individuals nominated by the D.D.A. Board. They must be appointed and ratified by this Commission. Mr. McGhee, Mr. Jason, and Mr. Pelaez. Mr. Plummer: I move the matter be deferred and send it back to them for further thinking. Mr. Carollo: I second that motion. I think the maker of the motion is quite correct in that. Mayor Suarez: Moved and seconded on motion to defer. Let me say something on this. I need at the very least to get one appointment to the D.D.A. Board of the ones recommended. The reason being that I can't always attend the D.D.A. Board meetings. There's actually something like 16 or 17 members. I'm the ex-officio chairman. I've attended every single meeting of the D.D.A. Board. These people would all be quite helpful to me on the D.D.A. Board, but I would like to have this Commission at least consent to one of the three and my preference on that would be Mr. Doran Jason, who is very knowledgeable on all the issues affecting the downtown development; he is the choice also of the Brickell Avenue Association. He would be replacing Ed Houston, who was also a representative of that association. I so indicate to this Commission, in case that Commissioner Plummer would accept a substitute motion on accepting one of these. Mrs. Kennedy: Mr. Mayor, let me ask you something. On the.... Mayor Suarez: By the way, as far as the other Commissioners wanting to have members serving on this D.D.A. Board, there's plenty of members, some whose terms come up, we'll be happy to consider any. I just simply haven't had any proposals from any Commissioners up to now. I know that some, over the years, were recommended and whose terms are coming up. I'd be happy to consider at the board level your recommendations on reappointment of some of these indi- viduals including Bill Klein and Eli Feinberg, I think whose terms expire very soon. Commissioner. Mrs. Kennedy: On the June 19th edition of the "Miami Today," it states: "The Downtown Development Authority Board Friday approved three new members nominated by Mayor Xavier Suarez. They are Doran Jason, Vince McGhee and Pedro Pelaez. Armando Codina and Athalie Range were asked to step down by the Mayor." Why was that? Why were they asked to step down? Mayor Suarez: Well, both of them were serving on... very active on other activities and had not been attending. We had a situation where people were not making their required number of meetings a year. So either one of them could have been simply expelled from the board. Rather than doing that, we asked them voluntarily to step down. It was a rather pleasant way to do it actually. None of them had any problems with the suggested substitutions either, to tell you the truth, in fact, recommended these people. But we have other names that have been mentioned, so I'd have no problem at all in consid- ering recommendations from this Commission. This is a board that is unusual, because it is legislated into existence. I myself am the ex-officio chairman. I've worked very hard to keep the D.D.A. alive, as you know, as we stated before in the morning. I need to have some people there. I cannot attend every meeting; it's impossible for me. So we're talking about really people working quite hard to advise us on some of the things that are going on downtown. These are all unanimous recommendations of the D.D.A. Board, but I'll be more than happy to have one of them appointed at this point, and reconsider the other two if you would like. Mrs. Kennedy: I don't have a problem with one appointment, I just don't think it's fair to the rest of this Commission just to have all three appointments. That's the way I feel. 94 July 10, 1986 R Mayor Suarez: Like I said, I'd be happy to consider all the nominations that yov make and to tho extent. thst I'm able t^ convince other memberr. ^r t?,r` board.... Mr. Dawkins: You don't have to convince everybody, if we got to approve it. We just go ahead and make three announcements and that's it, Mr. Mayor. Mayor Suarez: No, it doesn't work that way, not in this case. The appoint- ment is made by the board members and then it comes to us for consent. I serve in two capacities on that. I don't think there would be any problem. Mr. Carollo: There is a motion. Mr. Plummer: Mr. Mayor, in the sense of, not urgency, but the sense of fair play, I think if we push we're better off waiting for two weeks. I really do. Mr. Carollo: I think you're right, Commissioner. Mr. Plummer: My calculator tells me that it's not there. Let's schedule it in two weeks. Mayor Suarez: I need to have at least one member appointed, and I'm recom- mending to this Commission that we get at least Doran Jason appointed, if the Commission doesn't want to accept that, so be it, but that's my position. Mr. Carollo: There's a motion and there's a second. Mayor Suarez: We have a motion and a second. Mr. Carollo: I call the question. Mayor Suarez: You don't call the question. You ask for closing of debate. I have no problem with that. I'm going to vote against your motion obviously. Mr. Carollo: Mr. Mayor, whichever way you want me to describe it, I think you understand what I'm getting to. Mayor Suarez: Fine. Mrs. Kennedy: The bottom line is.... Mayor Suarez: Motion and a second. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-566 A MOTION DEFERRING CONSIDERATION OF APPOINTMENT OF THREE INDIVIDUALS TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD, FOR FURTHER INFORMATION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy NOES: Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: Next item. Mr. Carollo: I think you understand now, Xavier. 95 July 10, 1986 44 4 47. APPOINT CARLOS DE VARONA, PAT MILLERSON, LOURDES SAN MARTIN TO THE HOUS- ING CONSERVATION AND DEVELOPMENT ADVISORY BOARD Mayor Suarez: Item 60. Mr. Odio: This is designating and appointing members to serve.... Mr. Plummer: How many are left? Mr. Odio: We have Orlando Urra nominated by Commissioner Carollo, Mrs. Dena Spillman by Commissioner Plummer. Those two have to be formalized. We need appointments by Mayor, Vice Mayor. Mr. Dawkins: Dawkins nominated Pat Millerson. Mayor Suarez: Carlos de Varona is my nomination. Mr. Odio: Commissioner Kennedy, do you have yours? Mrs. Kennedy: I'll have mine before the end of this meeting. Mr. Plummer: I move the names proffered be accepted. Mayor Suarez: So moved. Mr. Plummer: And the one to be added by Commissioner Kennedy be accepted. Mr. Dawkins: Second. Mayor Suarez: So moved with the reservation to appoint one more, seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-567 A RESOLUTION DESIGNATING AND APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI HOUSING CONSERVATION AND DEVELOPMENT ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 96 July 10, 1986 48. ADMINISTRATION TO PURSUE INFORMAT10N ABOUT FUTUkt: CITY OF MiAMi ENPLU;Y- EES BEING IN THE STATE SYSTEM OF PENSION Mayor Suarez: Item 61. Mr. Plummer: What is 61? Mr. Odio: I tell you what it is. The prior City Manager was instructed to develop a new Pension Plan for future City employees. I would prefer to have a committee of five, appointed by this Commission to assist us in developing that new pension plan. I would give them staff support to do that. Mr. Plummer: Is this a pension plan now .... Mr. Odio: To replace the one that we have. Mr. Plummer: This does not in any way conflict with the Gates settlement? Mr. Odio: No, sir, it does not. Mr. Dawkins: Does it in any way conflict with the bargaining agents rights? I mean, are we infringing on their rights? Mr. Plummer: Oh nol Mr. Odio: No sir. Mr. Plummer: They have hold harmless on what they have now. This would be, as I understand it, Commissioner, this would only be to new employees from the date this was established, from that point forward. Mr. Odio: From the day that you approve a new pension plan, any employee that is hired at that time would have to be under that plan and not under the old. Mr. Bill Smith: May I, Mr. Mayor? My name is Bill Smith, the Sanitation Employees Association. If you're going to have someone look at a pension plan, that's quite all right, but if you're looking at a plan and you intend to implement that plan, then pension is the subject of bargaining and you cannot bring up a plan for new employees on no one that's part of a bargaining unit that those new employees would fit in, without bringing that to the bargaining table and that being negotiated. Mr. Odio: I happen to agree with Mr. Smith, that we would have to bargain at the table. Mr. Smith: There's no sense in drawing up something if you can't implement it. Mr. Plummer: Woa, now, hold, Bill. How do you know that the new members that would be hired in to the system are going to be members of the union? Mr. Smith: They don't have to be. Mr. Plummer: So what are you negotiating? You only negotiate for the union. Mr. Smith: They're still part of the unit, whether you a member or not. Mr. Dawkins: Part of the work force, not part of the union. Mr. Plummer: No, no, there's a difference, the point I'm making, Mr. XYZ comes to work for the City the day we put on the new pension plan. He may or may not be a part of the union. Mr. Dawkins: But he's a part of the work force, Commissioner Plummer, of which the bargaining agent bargains for, the whole work force. The bargaining agency does not... where's that gentleman we pay? 97 July 10, 1986 1 4 Mr. Odio: Commissioner, I know what you're talking about, but I can assure you we have tv go into contract nebotiatiot,s with the unions. Mr. Dawkins: Oh, yes, but I'm saying I need to know from him, though, is that right that the bargaining agency... Dean, any employees that come on board to the work force, whether they joined the bargaining agencies or not, the bargaining agencies negotiate for them when they negotiate the total package. Is that correct? Mr. Dean Mielke: That's absolutely correct, if their classification is the classification covered by the labor contract, whether they're a member or not, they are covered by the contract if that classification is one covered by the union whether they belong or not. Mr. Plummer: So why appoint five citizens to make up a possible new pension plan if the employee or the union representatives are opposed to it and they're in for another two years. Mr. Mielke: You're asking me, sir? Mr. Plummer: No, I'm asking the Manager. Mr. Odio: No, but we have an obligation as professionals to develop a new plan where the cost to the City of Miami is 202, our contribution to the existing pension plan. Mr. Plummer: How much? Mr. Odio: 20Z. Mr. Plummer: That's not correct. Mr. Odio: 21%, I'm sorry. Mr. Plummer: That's on G.E.A. What is it on police and fire? Mr. Odio: 21%. Mr. Plummer: It's about 38%. Mr. Carlos Garcia: Fluctuating percentages. Mr. Plummer: Yes, fluctuating. As my Latin brother says, mas o menos. Mrs. Kennedy: Mas que menos. Mr. Plummer: I got news for you, it's 38%. Mr. Odio: The fact is we cannot afford to continue on this path. Mr. Plummer: Well, let me tell you something, I will save you a lot of trouble. OK. You don't need five members of a citizen advisory board, just the day you want to try to implement it and negotiate it out, put them in the State Plan. The State has a plan and it's no longer broke. Mr. Odio: Fine, we will pursue it. Mr. Plummer: Now, I think you need a direction from this Commission... Mr. Odio: I have managed to do something. At least I'm raising the question that we need to do something about this. Mr. Plummer: All right, all right, I will tell you what I will do. I will make you a motion at this time that the administration be instructed to pursue facts figures and recommendations about future employees being in the State system of pension. Mr. Odio: OK. Mr. Plummer: I will move you that. Now, that don't mean we are doing any- thing, but it will give you some ideas where money can be saved. 98 July 10, 1986 Mr. Dawkins: Second. M:. Plummer: And hey, the new employees are goinb to love it, because it's none contributory. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-568 A MOTION INSTRUCTING THE ADMINISTRATION TO PURSUE AND OBTAIN FACTS AND FIGURES IN CONNECTION WITH PROPOSED RESTRUCTURING OF A NEW CITY PENSION PLAN FOR NEW CITY EMPLOYEES; FURTHER REQUESTING THE ADMINISTRATION TO COME BACK WITH RECOMMENDATIONS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: At this point, Commissioner Kennedy announced her appointment to the Housing Conservation Board was Lourdes San Martin. See label #47. 49. DISCUSSION AND CONTINUANCE CONCERNING SOURCE OF FUNDING FOR BAYFRONT PARK PROJECT. Ms. Kennedy: If you would like to take now the Bayf ront Park Item which was scheduled for 2:30 p.m. I think we are ready. Mayor Suarez: Go ahead. Ms. Kennedy: Let me just say I don't know for how many years this Commission has been tackling with Bayfront Park. It has been like a long chronic , lingering cold that we just couldn't shake off. I believe there is something very special about this park and I think everybody here knows that, but I also believe that there is something very special in this Commission when it relates to Bayfront Park. All departments told us that it couldn't be done and I think today we are going to do it. So, we will do it, thanks, to each and everyone of you who so diligently worked on this to make sure that we can get the park that the City deserves. Commissioner Carollo, deserves credit for the revenue bond concept. Commissioner Dawkins has been the conscience behind the inner City Parks, and I hope that today we can also resolve that issue. Mayor Suarez has shared many of these concerns and Commissioner Plummer has always pointed all the pitfalls. It couldn't have been done without all of them and I think that everyone here today should give my colleagues a hand. Now, let me get to the matter and ask for Alan Weisberg to make the statements. Mr. Alan Weisberg: We are very pleased that at the last meeting you adopted our report. What we are here today for is to follow up on that. I believe that you may have a package that includes a letter from the Port Authority. We would like for you to do whatever is necessary to finalize the receipt of the five point five million dollars from the Port, and second of all to 99 July 10, 1986 finally resolve the issue on the revenue anticipatory bonds that will then cover the shortfall. Mr. Plummer: Well, that's not a foregone conclusion. By the way, if I may, Mr. Leslie Pantin is...is he here? He has supplied all of us with a letter. Ms. Kennedy: Right. We are going to address that too. Mr. Plummer: Well, but I think you need to address that before you start talking about the shortfall in the Amphitheater, because he is offering to pay for the construction of the Amphitheater. Mr. Weisberg: This morning I saw that letter. Mr. Plummer: OK. Well, is Mr.... Ms. Kennedy: Well, if you like to hear to the presentation from Leslie Pantin, that's fine with us and then Alan, perhaps you can proceed later. Mr. Plummer: Well, I think you are talking about a part of the bonding aren't you? Isn't that what you are talking about Rosario? Ms. Kennedy: Yes. Mr. Plummer: And if you were to take out the cost of the Amphitheater of some, I'm assuming it's between two and three million dollars, it would restructure the entire format as far as the numbers are concerned. Is he here, Leslie Pantin, Jr. around? Ms. Kennedy: But Brad if you would like to step in and... Mr. Plummer: Oh, yes, here they are. I have lost the letter. You gave me a copy and I have lost it somewhere. No, go ahead, I read it. It's an inter- esting concept and please, I want the Committee to know, I had nothing to do with it. The first I saw it was about fifteen minutes ago. I didn't know a thing about it. Mr. Brad Krasner: My name is Brad Krasner, and I'm the president of Festival Venture Incorporated based here in Miami, and I represent a joint venture between Festival Ventures and P.A.C.E. Management Houston, Texas, and for the last several years, we have been talking with the Commission about the possi- bility of refurbishing the Miami Marine Stadium and managing a major enter- tainment complex there and due to the fact that the Marine Stadium has to be incorporated into the overall Virginia Key Master Plan, this new opportunity with Baypoint Park has emerged and we would like to suggest that we be given the opportunity to bid on the construction and management of the downtown Amphitheater. However, prior to us killing whatever has already taken place at this point, we would like to suggest that the plan that has already been introduced, be voted on today and that we would then be willing to sit down with the Commission as well as the Committee and negotiate some type of terms that might fit into the overall plan. Mr. Plummer: Well, would you explain to me and you tell me if I'm wrong, that you would put up the money to build the Amphitheater, is that correct? Mr. Krasner: Yes. We would propose that we would be in the position to finance the entire construction for the Amphitheater as well as manage it. That is currently what our joint venture does around the country. We just currently opened a ten million dollar project in Nashville, Tennessee and that we feel that we could definitely do something in the Noguchi Design Park, if it fits into the overall plan. Mr. Plummer: And you are aware that that which is proposed is possibly not to exceed three million dollars? Mr. Krasner: I'm not totally familiar with all of the plans that are on the table at this point, but we are saying that we are prepared to move ahead with the building of a major amphitheater in the park, if it's conducive to the plans that the Commission would approve or have already approved. Ms. Kennedy: See, we have several concerns that ... and again, this is some- thing that serves at the last minute. We want to make sure that the Noguchi 100 July 10, 1986 Design stays. We want to make sure that the Advisory Committee stays, manage— ment of the pai E— TheLc are sever::1 issue 5 L111-'t I'. �,,:i i ' ::::L Alan will address later, and of course, the time frame. If we could perhaps start both things simultaneously. Mr. Krasner: In other words we are... Mayor Suarez: What you are suggesting is that you would not only build it, but then be entitled to how many years operation of it and access to it? Mr. Krasner: All we are doing is throwing out a concept. We are giving you an alternative to private management and construction. Mayor Suarez: Well, that's what ... the concept is what worries me, you know, the philosophical concept that we would be given. Mr. Plummer: Yes, at this late date. Mayor Suarez: How many years would you need to operate this before it would be profitable for you to build it for us, assuming that we even want to build it? Mr. Krasner: Well, this is something that we would have to discuss and we would have to negotiate, but we are saying that we would be prepared to go into negotiations immediately and that we are in a position to build such an amphitheater. Mayor Suarez: But what number of years of exclusive operation off the top of your head at least as an estimate would you need before it would be profitable for you to build? Mr. Plummer: There's no way. There is no way. If he doesn't know the cost, how could he figure out that. Mr. Krasner: I really would have to... Mr. Dawkins: All I know, is it will be cheaper than me taxing the City taxpayers with it, I know that. Mr. Krasner: That's what we are basically just. Mayor Suarez: If we go to any RFP process or UDP or whatever we go to, then you would be able to bid in like everyone else. Mr. Krasner: All we are saying is that we have.. we are prepared to bid on such a project and it would save taxpayers dollars and it would give you a private management alternative, and I think it's something that the Committee should definitely consider. Mayor Suarez: Yes, we have been dealing with that, we never really came to a conclusion on it, but if we go to that certainly your participation would be welcomed. Mr. Krasner: Thank you. Mayor Suarez: Did the Committee ever make a recommendation on that particular point, Alan? Mr. Weisberg: At the time of... Mr. Plummer: Well, they don't want ... sure the Committee doesn't want it to be in the hands of private sector even with sixty or ninety days of free. Mayor Suarez: Or a hundred fifty days or any... Mr. Plummer: Whatever it is. You see, my con... Mayor Suarez: Your recommendation was to put it in the hands of a nonprofit group? Mr. Plummer: That's right and the problem with that is that the taxpayers have to build it, pay for it, and then the taxpayers will have to subsidize 101 July 10, 1986 it, and that's been my concern all the way through that if you had a private developer who would build it, operate it and management and give whatever 1+82' Of 0;., S il�'SUl.l.Wi�_ A hL. Iced dbb s, sixty (1.1y'S, Stever, i:.ee of charge to community groups, you wouldn't have to charge the community groups at all and the taxpayers don't have to pick up the tab. Now, you make a very key point that anybody that came in there would have to bid it on the design of Noguchi, and I certainly agree with that. But I don't like the rumors that are going around that this is trying to be kept into the City's coffers, because they are trying to put one person in to operate it, and that just sounds wrong. Now, here again, my concern, Mr. Mayor, has been... Mayor Suarez: Would that be ... what rumors are you referring to? Are you talking about if we went to a nonprofit or if we went to a... Mr. Plummer: If we went to a City operated. Mayor Suarez: I see. Mr. Plummer: OK. Now, the thing that just concerns me to no end, we want and I think the Committee wants, first class entertainment. OK. Now, you don't get it free. You don't get it free. There are no free lunches. Yes, people are going to have to pay for it. I was tremendously surprised, but gratified that the 4th of July concert at the Marine Stadium some people were willing to pay twenty-eight dollars a ticket for that concert. I think they were as low as ten and as high as twenty-eight dollars. You can't do that with a communi- ty group who are not making a charge, and I think that you are destined to doom, because the community groups are going to come into this Commission and they are going to ask for waivers. They are going to ask for grants of money and you are going to have second class entertainment. I just for the life of me I don't understand it. Mayor Suarez: OK. No, we are jumping...we keep jumping around from the capital improvements part of this to the operating cost. Mr. Plummer: No, sir. No, both. Mayor Suarez: Mr. Manager ... I just want to ask him... Mr. Plummer: Both. Mayor Suarez:...the City Manager a question. If you have any estimates, how much would it cost to complete the Amphitheater in accordance with the Noguchi plan? Because it seems to me that the mounds are there and that it needs a little bit of grass and some benches and the stage is on it's way up. I mean, I ... do you have any estimate of how much is left to spend to complete the Noguchi design for the Amphitheater? Mr. Odio: The understanding that I had is that if we did not go into the fancy amphitheater with covers and whatever, it would take three million dollars to finish the park. If we go... Mayor Suarez: No, no, not the park. My question is if you have the figure, how much would it take to complete the amphitheater. Ms. Kennedy: Three million dollars. Mr. Odio: It would take three million dollars to finish the whole area there. Mayor Suarez: The amphitheater. Mr. Odio: Including the steps or what Noguchi calls the amphitheater. Mayor Suarez: The benches, the slopes, the stage,... Mr. Odio: Yes, it's... right. Mayor Suarez: Three more million? Mr. Odio: Right. Mr. Plummer: Now, may I also ask in that same line. I read in the paper and I assume that it's not true because you the Manager have not notified me, that 102 July 10, 1986 40 41P there has now been estimated a three million dollar overrun. I saw something in the paper the other day. I assume it's a lie, because you didn't tell me to the contrary. That originally twenty-une miii:lon is now tk-enL)I -fov. million. Mr. Odio: I read the story and I'm confused, because that's not what the staff is telling me. The staff is saying twenty-one... Mr. Plummer: So, once again, the paper has screwed up. Ms. Kennedy: OK. I think the person. best answer that is John Gilchrist... Mr. Odio: Yes, I think he better. No, no, no, I think the person who can Ms. Kennedy:...and I would like to call on him . Mr. Plummer: That's fine. John Gilchrist doesn't talk to the Manager. That's even better. I like that. Mayor Suarez: We always come to this point. Mr. Gilchrist: I was hiding in the back there, but... Mayor Suarez: John, we always come to the point of how much does it cost to complete the park in accordance with the Noguchi design, and particularly if you can give us the elements. Does it cost three million dollars more to complete just the amphitheater in accordance with the Noguchi design? Mr. Gilchrist: In accordance with the Noguchi design is two point three million dollars to complete the stage, the seating and the equipment in the amphitheater. That's the number, sir. Mr. Dawkins: How much? Mayor Suarez: Two point three. Mr. Plummer: Two point three. Mr. Gilchrist: Two point three million. Mr. Dawkins: So, where do we get the other eight... Ms. Kennedy: And because... Mr. Gilchrist: That's an estimate both by the architect and by myself here, independently and we... Mr. Plummer: And that's monies that we could take and save and put in the inner City parks. Mr. Gilchrist: Pardon, I didn't hear you, sir. Mr. Plummer: You weren't here this morning. Go ahead. Ms. Kennedy: OK. We can ask for a bond minimum of four million dollars and include an extra million to invest in the inner city parks. I think that would be very acceptable to Commissioner Dawkins and I would be delighted if you could do that. Mr. Dawkins: Where...OK. It needs two million dollars, right? Ms. Kennedy: Two point three, but he needs a cushion. Mr. Dawkins: All right, two point three million dollars to complete it as is. Now, how do we get up to eight million. Mayor Suarez: Two point three for the amphitheater. What are the other elements of the figure of eight million that we keep hearing about, John? Mr. Plummer: Three million overrun. 103 July 10, 1986 Mayor Suarez: What are the other elements of the... Mr. Gilchrist: I think that there is a little misunderstanding. Mayor Suarez: Can you give us a breakdown of what's left to obtain there, because we see most of the work being done,... Mr. Odio: Mr. Mayor? Mayor Suarez:...you see the park being completed. Mr. Odio: Could you let him clear up the misunderstanding. Mr. Gilchrist: See the issue there was that... Mayor Suarez: We would love to clear up the misunderstanding. Mr. Gilchrist:...not included in that twenty-one point whatever it was million that everybody seems to be...have their hands on was the architect's fees and soft cost, and if you add those in there it's twenty-two million dollars. Mr. Plummer: No, no, they were included in there. Mr. Gilchrist: It's always been —it's always ... Well, you know, it's always been the numbers. Mr. Dawkins: Hold it. Hold it now. Hold it. When I first came on board and Noguchi had been paid and he was going to take his plans and walk even though we had paid him for them. Now, how do we come back now and say that we got to raise eight million dollars to pay him? Mr. Gilchrist: No, not ... all those costs have been committed and paid for the most part, except for the supervision which architects are doing now. But that number was not calculated in the twenty-one million. Mayor Suarez: John, can you do the following? Mr. Dawkins: Wait a minute, what architect is doing now? Mr. Gilchrist: It's architects that are a joint venture between an architect in New York and Lester Pancoast and E1 Besa here. Mr. Dawkins: Now,...well, how did they get in? I mean, when did... Mr. Gilchrist: They have always been there, sir. They were the architects. Mr. Dawkins: Well, why weren't they in all —in the original money? Mr. Plummer: They were. Mr. Gilchrist: They always were. Mayor Suarez: What are they designing? Mr. Dawkins: Well, then if they were already in it I don't have to raise anymore money, because it was figured in the original cost. Mr. Gilchrist: The monies that we are talking about raising are not for architects fees, they are for hard construction. Mr. Dawkins: OK. The eight million dollars ... the eight million...OK. Now, so me and you are in the same wave length, what is the eight million dollars for period? Mr. Gilchrist: My calculation... Mr. Dawkins: No, no, no...I don't want your calculations. Tell me what it is. Mr. Gilchrist: No, no, I just want to say my calculations is not eight million, it's seven point three, sir. 104 July 10, 1986 Mr. Dawkins: That's eight million. Mr. Gilchrist: OK. Mr. Dawkins: All right, what is the eight million dollars for? Mr. Plummer: I will take the difference. Mr. Dawkins: Yes, me too...what is the eight million... Mayor Suarez: How do you come up with seven point three or eight or whatever you come up with? Mr. Dawkins: What is the seven million dollars for? Mayor Suarez: How do you break that down for us? Mr. Gilchrist: Two point three of that was for the amphitheater and two point...I have these here in front of me, I'm going to rough them. Two point four was for the Mildred and Claude Pepper Fountain and the remaining portion is to build the southern part of the park which goes from Flagler Street down to Choplin Plaza and so on. Mr. Dawkins: How many millions dollars did Senator Claude Pepper bring down here for his fountain? The Mildred Fountain? Mr. Gilchrist: He brought six million two hundred thousand dollars for the bay walk, the shoreline restoration and the foundation of his fountain. Mr. Dawkins: OK. Mr. Gilchrist: And not the fountain itself. However, he brought another nine hundred fifty thousand which we are anticipating... Mayor Suarez: I was going to say there is about another million recently that he... Mr. Dawkins: For what now? Mr. Gilchrist: Yes, for the promenade which runs from Biscayne Boulevard out to the fountain area right where the library sits. Mayor Suarez: And the marble for which will be presumably donated. Mr. Gilchrist: The marble was donated too. Mayor Suarez: But we still need for the equipment for the fountain, how much? Mr. Gilchrist: Two point four million, I think that can be verified here, but I...let me just look here and make sure I'm right now. It in that range. Mayor Suarez: So, those two items that we are already in the process of building that absolutely have got to be done add up to four point seven million dollars from what you have said. Mr. Gilchrist: Yes, sir. Mayor Suarez: Now, we have got the south end of the park throwing in another two point whatever million. Mr. Gilchrist: Whatever that difference was, yes. Mr. Dawkins: Now, all right, but still you have not given me seven million dollars. Mr. Gilchrist: No, after ... you know, the seven point three included the south end of the park. Take seven point three and subtract the other two numbers from it. Mayor Suarez: Which would have another...under the original design, another form of a smaller amphitheater. 105 July 10, 1986 4 4 Mr. Gilchrist: It's a smaller amphitheater and... Mayor Suarez: And a fountain too? Mr. Dawkins: And that's a part of Noguchi plan? Mr. Gilchrist: That's all a part of the Noguchi Plan sir. Mayor Suarez: Realistically, what would happen...I'm not saying that this Commission would agree on this, but let me just ask the question. What would happen if we agreed to all the elements of Noguchi Plan except for the south end of the park? We keep hearing that Noguchi would walk away. What effect does that have? Mr. Gilchrist: He has never said that he would walk away over the south end. Those were issues that were coming up along the way. Mayor Suarez: I see. Mr. Gilchrist: I think he could certainly modify that south end of the park to be less expensive. Ms. Kennedy: Well, it... Mr. Plummer: But that south end of the park was originally in the twenty-one million dollars. Mr. Gilchrist: Yes, sir. Ms. Kennedy: Yes, and it would... Mr. Plummer: Exactly. Mr. Gilchrist: I think that the twenty-three number... twenty-three million number came out of the committee, and the best I could find out was they hadn't counted the architects fees in it, you know, I... Mr. Odio: Yes, because I never have been told about that. Mr. Carollo: Howard, why don't you come up here for a minute and see if you can refresh the memory of three of us who were here back then when Gould was around. Ms. Kennedy: But let me just interject something that... Mr. Carollo: Hold on, let... Mayor Suarez: Commissioner? Ms. Kennedy:...that's the part of the park which precisely will make this such a unique park. The amphitheater, the concerts, the free groups coming in, you know, that is the... Mayor Suarez: Oh, yes. I don't think anybody is proposing not to build the amphitheater, the main amphitheater. Mr. Plummer: Yes, but you... look, let's be practical, an eight million dollar bond issue is never going to fly. You know it and I know it. Mr. Carollo: Absolutely. Mr. Plummer: Now, if you match for ever dollar you put in Noguchi Park, you give to Miller for inner city parks, which he says he is going to demand, you are talking about a sixteen million dollar bond issue and an eight million isn't going to pass. Ms. Kennedy: OK. So, why don't we do this. On my proposal to put four million dollars which will come from the rent revenue stream from Bayside and make sure that we have one million dollars for specifically inner City parks. Mr. Dawkins: OK. I tell you what, let's do it this way. Mr. Carlos Garcia or somebody? Mr. Manager? 106 July 10, 1986 Mr. Odio: Yes, s4-r. Mr. Dawkins: Have somebody, even Mr. Howard Gary, since he was the budget manager, it doesn't matter, project for me ... no I'm going to do it this way. OK. I will sit here and vote that we take the revenue from the projections of Bayside to complete this park, if you vote to put every other penny that comes in as revenue from that park into the inner City parks and other parks to up keep them, for the rest of the life of Bayside. Mr. Plummer: Oh, I bet you willl Mr. Dawkins: You bet your bippy. Mr. Plummer: The projected just for the record, the projected amount of money from Bayside if the projections hold true are six hundred and seventy-six million dollars. Mr. Dawkins: Boy, we will have a hell of a place to play in in the ghetto. Mr. Plummer: I want to tell you something. Mr. Dawkins: Now, you can bet on that now. Now .... but that's my... Mr. Carollo: Howard, what was the promise that was made to us by Mr. Gould in as far as what amount of monies was he going to provide to this City for the south side of the park, the one that was facing his "X" development? Mr. Howard Gary: Basically, he said for the use of the park for construction phasing, that he would contribute a million dollars for the south side of the park. Mayor Suarez: Yes, we had a million dollar commitment at one point. Mr. Carollo: And what happened to the that million dollars? Mayor Suarez: It went down with the bankruptcy. Mr. Gary: It went with Gould. Mayor Suarez: Let me see if we can head toward a solution here. Let me just add something quickly on Commissioner Kennedy's proposal which is in the form of a motion. If we instruct the City Manager, if that's part of the motion to --- Mr. City Manager? ---to give us a proposal, or to come back to us with an estimate of how much we can produce from the sales tax revenue from Bayside and what kind of bondable capacity that will give us ... we obviously, don't have to do that before November. That would be a revenue bond. This was discussed also at the D.D.A., the idea, I think Marty Fine was the first person that brought it up, and I believe the Committee has picked up on the idea and now feels that it may very well be ... well, maybe the Committee hasn't. The Commissioner wants it considered to see how much we can generate without having to go to general obligation bonds , which will mean going to the voters, which will mean having to get it through this Commission, which doesn't seem to be particularly disposed to spend, you know, three, four, five, or even eight million dollars, let alone sixteen in general obligation bonds for that part, and in the meantime, the tough decision we have to make, if it's going to be on the ballot, is what, if any general obligation bond amount we propose to put before the voters. Ms. Kennedy: Mr. Mayor? Mayor Suarez: Yes, Commissioner? Ms. Kennedy: This will not be a general obligation bond. It would not have to go to the voters. It's a revenue bond. Mayor Suarez: OK. At this point you are not proposing any G.O. bond at all? Ms. Kennedy: No, sir. Mr. Plummer: What are you proposing, revenue? 107 July 10, 1986 2 Ms. Kennedy: It's a revenue bond based on the rent from Bayside. Mayor Suarez: OK. Your motion then is to have the City Manager come back to us with a proposal to generate whatever number of dollars we can generate with a revenue bond taking all of the sales tax? All the projected sales tax? Ms. Kennedy: Not the sales tax. John, why don't you go ahead and... Mr. Gary: First of all you can't get it bonded from sales tax. What Commis- sioner Kennedy is recommending is that you sell revenue bonds based upon future receipts from Rouse project to finance only two point seven million dollars. Mayor Suarez: When you say receipts from the Rouse project, you mean the rental fee? The minimum rental? Mr. Gary: Guaranteed rent. Exactly. Mr. Plummer: How can you do that? Mr. Gary: And that's only... Mr. Plummer: How can you do that? Excuse me, Howard. How can you do that with the first three years they are only paying three hundred sixty-five thousand? Mr. Gary: You can structure a bond, Commissioner Plummer, if you recall the Knight Center where you can schedule the payments when receipts come in. For example, on the Knight Center the first two years we did not pay the company anything because we weren't getting any revenues in. So, as a part of your bonds, you include that amount for those first three years that you don't get with the assumption that...not the assumption, with the knowledge that you are going to get money in the future years. Mr. Plummer: OK. Let's assume that we go that route. Let's assume that we do go the revenue bond route. OK. Now, can that same money be used for inner City parks? Mr. Gary: Any park that you want to use it for. Mr. Plummer: So, then what Commissioner Dawkins, is asking... Mr. Gary: Or anything else you want to use it for. Mr. Plummer: ... is within reason, that for every dollar that is dedicated to Bayfront Park, a dollar is dedicated to inner City parks? Mr. Gary: That's correct. And I think if you can... Mr. Plummer: This does not speak then to the operation of the Amphitheater? Mayor Suarez: Howard, from a stream of revenues that we have guaranteed under the contract, have you calculated what the bond is that could be issued? Mr. Gary: Oh, you are talking about...if I might, that's why I think Carlos should be here to compute that. If I might just add this, if you bear with me for a second. The shortfall is seven point seven million dollars. What the Committee recommended... Mayor Suarez: Well, we have heard seven point three... Mr. Dawkins: And the shortfall is fourteen million dollars. Mr. Plummer: No, you are up to fifteen now when Miller puts his in. Mr. Dawkins: The shortfall is fifteen million dollars. Mr. Gary: OK. If... Mr. Dawkins: OK. That's...the shortfall is fifteen million dollars. 108 July 10, 1986 A 4 Mayor Suarez: OK. For the completion of the park as designed by Noguchi, for other parks and so on it could be twice that amount. Mr. Gary: I feel like I got my old hat on again. Ms. Kennedy: Let Howard make his presentation, Miller. Mr. Gary: Let me just finish for a second Commissioner Dawkins. With the proposal we submitted, the shortfall was seven point seven. It was proposed that the shortfall be settled by taking five million dollars from the Port Bridge money from Dade County. Ms. Kennedy: Five and a half. Mr. Gary: Five million, five and a half, five million. Let's say five for this is what the document says. Therefore, we are short two point seven million and what the Committee proposed was to only sell two point seven — this is the original proposal, only sell two point seven million dollars of revenue bonds for the completion. OK. Only two point seven. Now, the City Commission... Mayor Suarez: OK. You are implying that that amount definitely can be done from the stream of revenues that we get from the guaranteed rental? Mr. Gary: Oh, no doubt. Mr. Carollo: Sure. Mr. Gary: But you can also do all the other inner City parks completely by selling revenue bonds with the guaranteed receipts over the life period of the Rouse project without even using all the money and you do all that in one deal. Mayor Suarez: Well, that implies that you have a figure in mind as to what the entire amount that we can bond from those revenues is. Mr. Gary: Commissioner Plummer, just gave it to you. Mayor Suarez: At least... Mr. Gary: But let me just also,... Mayor Suarez: Which was what? What was the amount, I'm sorry, I missed it. Mr. Plummer: Three sixty—five for the first three years and a million dollars a year thereafter. Mayor Suarez: No, no, I know the stream of revenues, but what bond can we... Mr. Dawkins: Fifty million. Mr. Gary: Just assume a million a year. Mayor Suarez: We can sell fifty million dollars worth of bonds from that stream of revenues? No. If we could we would be Mr. Gary: No, you would probably sell about fifteen or twenty million. Mayor Suarez: I don't believe that either. Mr. Carollo: Well, sure, of course. Mayor Suarez: But anyhow... Mr. Gary: Get your expert. But I think also, the Commission has that right...I mean, has the option of doing a two point seven to take care of that problem as well as to take care of the complete problem of all the inner City parks. Mr. Plummer: How about if we figure the other way. Take the five million from the bridge and the three million from P.A.C.E. and we don't have to float any bond issues at all? 109 July 10, 1986 Mr. Dawkins: Oh, hold it, hold it. No, no, no, wr ... going to have to take the five point five million from the bridge and put half of that in the inner City. You all keep...see, you keep going with me and then you back off from me. Mr. Plummer: No, no, I ain't backing off. Mr. Dawkins: OK. So, now if we got five point five million dollars, OK, you only got half of that for your park and half of it for the inner City parks. OK. Mr. Gary: You will still be short. Mr. Dawkins: All right then, now, see. Ms. Kennedy: Then there is no way we can come out. Mr. Dawkins: Huh? Ms. Kennedy: There is no way we can come out. We will be short. Mr. Dawkins: Then, then, then ... that's what I have been trying to tell you every since I have been here, that the park is a rip off. I have been telling you that every since I have been sitting here, but everybody is just deter— mined that we are going to build this park come hell or high water and all of the inner City parks can continue to decay and the people in the neighborhood who cannot ride the Rapid Transit downtown to that pretty park will have nothing to go to and nobody cares, because we got a pretty park downtown that Noguchi, and Gucci designed and we built it because it will enhance the City of Miami. Mr. Carollo: Miller, it's Noguchi, Gucci is another guy. Mr. Gary: Mr. Mayor? Mayor Suarez: Howard? Ms. Kennedy: Commissioner Dawkins, would you accept the revenue bond... Mayor Suarez: I tried. Ms. Kennedy:...for four million dollars and that extra million for the inner City parks... Mr. Dawkins: Yes, OK, yes, but it's the ... OK. Ms. Kennedy:...and I pledge to you to campaign. If you want to go later with the G.O. bond... Mr. Dawkins: OK. All right, but why do I have to sell the bonds when I got five point five million dollars. You know, give me half of that, and then let's sell... Ms. Kennedy: Because that money... Mr. Dawkins:... then let's sell the bonds for everything. See, now, if I give you the five million dollars and the bond issue for some reason or what have you doesn't pass, I don't have nothing. I'm left holding the bag again. So, let's go down the middle, let's take all the money, put it in a pot and give half here and half there, then figure out what we need to complete it, sell bonds and take half there and half here. Go ahead, Mr. Former City Manager. Mr. Gary: Commissioner Dawkins, if I understand what your concerns are and what Commissioner Kennedy's concerns are... Mr. Dawkins: They are the same. Mr. Gary: ... they are the same, and if I could explain what I think they are, is that... Mr. Dawkins: No, no, no, they are the same but you want...I mean,... 110 July 10, 1986 Mr. Gary: Lei. me finish sir. Mr. Plummer: Well, you know, still...I'm sorry to continue to be repetitious, but here we have a company who was willing to pull out three million dollars of that obligation. They have said so, right on the record. They are willing to operate in a first class ... excuse me. I'm not saying that it's P.A.C.E. As the Mayor said it would have to go out to an R.F.P. and I agree with that, of course, we have to that's our Charter, but here we have a private concern who is willing to pick up three million dollars of that money. Mr. Dawkins: Then I don't get anything and... Mr. Gary: But it hasn't happened. Mr. Plummer: Where am I losing something? Mr. Dawkins: I don't get anything in the inner City if you let him do that J. L. Mr. Gary: If I might finish Commissioner Dawkins. It seems as though you want the parks in the inner cities to be treated just as Bayfront Park. Mr. Dawkins: You used the wrong verb. Mr. Gary: I did. Mr. Dawkins: Not want, will get. Mr. Gary: OK. It seems as though you will get... Mr. Dawkins: Thank you. Mr. Gary: ...the parks in the inner City to be treated the same as the parks downtown. Mr. Dawkins: Thank you. Mr. Gary: And that means that you want them brought up to standard. You want them completely done. Mr. Dawkins: I want money, money, money. Mr. Gary: OK. Mr. Dawkins: OK. Mr. Gary: Now, what I'm suggesting is is that with the revenues from the Rouse project, you can not only complete the park in Bayfront Park, but you can also do all of the parks completely in the inner City, what you can't do with half of five million dollars. Mr. Dawkins: You finished. Mr. Gary: Yes, sir. Mr. Dawkins: All right, now, no, no, bear with... stay there. OK. You were City Manager when the federal government was pouring money in here by the tons ---Am I right? ---and we sat down following your recommendations, and we budgeted a lot of things with that money. Mr. Gary: Correct. Mr. Dawkins: Am I right? Now, all of the sudden the Reagan Administration cut that money off, didn't they? Mr. Gary: Correct. Mr. Dawkins: So, now, what do we have? Mr. Gary: Nothing. ill July 10, 1986 4 it Mr. Dawkins: Chaos, right? Now, let's go the other route where you and t: . , :.'iL, ime that it'. Li' .!*1to 1,', theM Lak,- fi-!e five million dollars which we have in our hands... Mr. Plummer: Not yet. Mr. Dawkins: ... and for me not to take a part of it ... that's right, you are right. For me not to take a part of it, but I'm going to go along assuming that the economy will stay where it is and the bottom will not drop out and that Rouse Company will have the projected income that it says it will have on the strength of doing something. Suppose the bottom falls out... Mr. Gary: That's not what I'm recommending. Mr. Dawkins: OK. Suppose the economy does not gel and now, I don't ... I mean, have the income in which to sell the bonds. Mr. Gary: I'm not recommending that Commissioner Dawkins. What I'm suggest— ing to you is that the five million dollars, you can take two and a half, Bayside can take two and a half, we have got then a four point ---five point three million dollar shortfall, sell revenue bonds for that. Mr. Dawkins: No, no, no. Mr. Gary: But in addition to that... Mr. Dawkins: But you see ... hold it now, wait now. Mr. Gary: No, let me finish... Mr. Dawkins: No, no, no, you can't... Mr. Gary: In addition to that, you need to do other parks. Mr. Dawkins: (COMMENT INAUDIBLE). Mayor Suarez: Or if you are using the same rule of one dollar for one dollar, maybe for ten million dollars then, the revenue bond. Mr. Dawkins: For ten million. See, you keep... Mr. Gary: No, no, you are missing... Mayor Suarez: No, it would be ten then, because you have taken half of the five point five to give to City parks, to inner City parks. Mr. Plummer: Exactly. Exactly. Mr. Gary: Right. I'm saying the revenue bonds will be for the balance for Bayfront Park, you know, dollar to dollar in addition to for the inner City, and that should be a part of the ordinance for the revenue bond. Mr. Dawkins: Now, you are speaking English. Mr. Plummer: Exactly. Mr. Gary: I was speaking English before, but you took your plug out. Mayor Suarez: Commissioner? Mr. Plummer: You were speaking English, just the wrong verbs. Mr. Gary: You know, it's nice to be able to talk back to him like that now. Mayor Suarez: Let me ask Commissioner Dawkins a question. Commissioner Dawkins, would you accept, assuming we are close to reaching a consensus here based on those figures by which out of the five point five million, half would go to inner City parks and half to Bayfront Park, completion of redevelopment, and again, the same thing with the revenue bonds that we would authorize based on the minimum rental stream of returns from Bayside. Would you accept a modification that would say that that money instead of going to inner City parks, that it would go into a fund for economic development or a fund for 112 July 10, 1986 Oak development of areas in the City that are depressed as opposed to the parks. I mean, I'm not. sure that... Mr. Dawkins: If that's the motion you want to make, you make that motion. Mayor Suarez: No, I'm asking you... Mr. Dawkins: OK. No, no, no, I'm.... Mr. Plummer: Let me tell ... well, but let me tell you what's wrong with that motion Mr. Mayor. Mr. Dawkins: OK. Go ahead. Mayor Suarez: Yes. Mr. Plummer: What's wrong with that motion is there is economic development money in this City, and if you do that, then you are going to deprive them to have a shot at the economic development money, because everybody is going to say, well, they got the money from Bayside. So, that's not fair to them. Mr. Dawkins: No, then you are really and truly shafting me, because you are not giving me the money for the parks, because you are taking that money for economic development which you have already got money budgeted for, you see. I mean, you are sitting up here giving it in one hand and you want to take it back with the other. Mayor Suarez What worries me is agreeing... Mr. Dawkins: What worries me Commissioner ... I mean, Mr. Mayor, is I have sat here and ... in which you will learn when you sit here with me. If you don't put it in writing and get it recorded, it doesn't occur. Mr. Plummer: And even then sometimes. Mr. Dawkins: Thank you, because my police station, it's written in stone and I have yet to get what we have ... this Commission, OK. There you are, see...so, if...you have to Xavier, you have to get it in writing and you have to spell it out up front and you got to get five votes up here or three votes to go with it and then you get it recorded so that I can go over and tell them pull the minutes on item so and so and so and read it. Mr. Plummer: May I suggest Commissioner Dawkins, that make a motion let's see the sense of this Commission and if the sense of this Commission is that every dollar that goes to Bayside one is matched into the inner City parks and three votes of this Commission says "yes", so be it that's what it is, and if it's not then we will travel another course. Mr. Dawkins: So moved. Mr. Plummer: I second the motion. Mayor Suarez: Moved and seconded, discussion? Mr. Weisberg: One question. Ms. Kennedy: Let me under...I'm sorry. Mayor Suarez: Yes, Commissioner? Ms. Kennedy: No, no, no, go ahead. Mayor Suarez: Go ahead Alan, you never got to make your report. Mr. Weisberg: Well, just ... the question is when you say inner City parks, that means all the other parks in the City? Mr. Dawkins: That's right. Ms. Kennedy: OK. Mr. Weisberg: OK. 113 July 10, 1986 Mf)yor Suarez! Well, T cl'-ce -1-onion is Any downtown perks are not included in this. Mr. Dawkins: No, that's all the parks, you see. You see, we are getting into another hassle here, see. All of the City parks are in shambles. So, let's don't take ... All right, let's don't take Wynwood... Mr. Plummer: You start there. Mr. Dawkins: ... and build up Wynwood and build up Wynwood and then Shenandoah Park looks like hell. And right now we can't use Range Park. You can't use the pool, you can't use anything. So, I'm not going to sit up here and get locked in to no territorial districts. That's why I'm saying take money and do all of the parks in the City of Miami, what people pay their taxes for which they own and make them serviceable where people can go out and enjoy them. That's all I'm saying, Mr. Plummer. Ms. Kennedy: OK. We have Resolution No. 85-599 which allocates five and a half million dollars from the Port Bridge money to Bayfront Park. We are really talking about two different issues. Mr. Dawkins: We have not accepted the five point five million dollars yet. Mr. Plummer: That money has not...there is no way we could do that be we haven't even agreed on a negotiated price yet. That's impossible. Ms. Kennedy: Well, I am going to make the motion to issue... Mr. Dawkins: There is a motion on the floor Mr. Mayor. Ms. Kennedy: OK. Mayor Suarez: We have a motion and a second... Ms. Carollo: You can make a substitute motion. Mayor Suarez: You can make a substitute motion. Ms. Kennedy: One second please. Mr. Dawkins: Make a second —make a substitute motion, and Howard doesn't have a vote Rosario. Ms. Kennedy: Boy, Miller do you owe me a big one. Mr. Dawkins: Go ahead. Mayor Suarez: Does that mean you are not going to make your substitute motion Ms. Kennedy: No, I'm not. Mr. Dawkins: OK. Let me under discussion. This is the same thing you are doing that happened this morning. OK. Now, just like all the Black people came down here this morning from Liberty City and all of you got uptight and gave them money, I'm going to put you on notice now. I'm going to Wynwood, I'm going to get two bus loads of Puerto Ricans from Wynwood, I'm coming down here. OK. I'm going to Little Havana, I'm going to get two bus loads of Cubans and we are coming down here. I'm going up here to Morningside and get two bus loads of White folks and we are coming down here. OK. Ms. Kennedy: You are getting your money for your inner City parks. Mr. Dawkins: You know, I don't care what I'm being, I'm just telling you people that these are my parks that I'm constantly sitting up here telling you that need fixing and nobody is listening to me. See, everybody attempts to find a reason to go around what I'm trying to tell us we have to do. Now, you guys are sitting up here telling me we are going to do everything but fix up the inner City parks. We are going to take all the money and put it in a park downtown where nobody from Wynwood can walk over there, nobody from Liberty African Square can go, nobody from Overtown... 114 July 10, 1986 ORI Mr D11—^"' W 11 �- cho ; c M04?10 fn unto for , t . Ms. Kennedy: I just ... I have been trying to tell you. Mr. Dawkins: I don't care what you vote for, I'm telling you what we have to do, you see. OK. That's all I want to know. Ms. Kennedy: If you can keep your head when those about you... Mr. Dawkins: No, Howard. Howard, when you were City Manager, I listened to you and was wrong. So, you are not the City Manager and you know I'm not going to listen to you. OK. Mr. Plummer: Hell, not only did he lose being City Manager, now he is going to lose Bayside. Mr. Dawkins: OK. Go ahead. Mr. Plummer: Call the roll. Mayor Suarez: We have a motion and a second, any further... Mr. Dawkins: What is the motion? Mr. Carollo: Who is on first, who is on second? Mayor Suarez: The motion is that for every dollar we spend on the... Mr. Dawkins: Read the motion Madam Clerk. Mayor Suarez:... improvements of Bayfront Park, we will spend a dollar for inner parks... Ms. Hirai: That's correct. Mayor Suarez:...and you have said... Mr. Plummer: Simultaneously. Mr. Dawkins: See, that's not what I said. OK. Ms. Kennedy: What did you say then? Mr. Dawkins: I said... Mr. Carollo: That's why the City Clerk should read it like you said. Mr. Dawkins: That's right. I said that we will take money from Bayside not only to repair the park, but to keep them up. See. Just to go out and fix it up is not going to help me any. See, that's why I say, if we got thirty million dollars coming from Bayside, it doesn't take but four or five hundred thousand dollars a year to maintain the parks after we have fixed. Don't just sit up here and fix them and then we are going to allow... because we don't have anymore money. We can't tax people anymore. So, I'm not going to sit here and be a party of us taking money that's coming into the City that we could do some of the services that we should be doing in the City and not do them. Mayor Suarez: Well, I agree with you philosophically. The problem is, I'm not sure what the motion is then that we are going to vote on. I can't vote on that entire speech. I mean, it's ... it maybe correct, but what is the motion that you are going to make? The motion is that I made is that we take for every dollar that you put into the downtown park now, you spend a dollar in the inner City parks, and that we also take from the money that's coming from Bayside, money'to maintain these parks. Ms. Kennedy: Under discussion, I give you an inch and you take a mile. The revenue bond issue is for... Mr. Dawkins: You just said you were voting with me. Now, you are... 115 July 10, 1986 Olk Ms. Kennedy: Yes. Mr. Dawkins:... voting with me. Ms. Kennedy: But not for maintenance. It's for capital improvement. We can't go on and on for maintenance for ten years? Mr. Dawkins: Why can't I when I have got to wait for the bond issue while you take money up front to finish a new park. I have been waiting six years. I have been sitting here six years going through this. Ms. Kennedy: I am willing to help you on the inner City parks. Mr. Dawkins: I'm will ... no, no, no, you are ... wait a minute, wait a minute, let's get one thing straight. There nobody up here doing Miller Dawkins no favor. So, don't nobody get the idea that you are doing me a favor, see. I am arguing for the citizens of the City of Miami. Ms. Kennedy: So am I. Mr. Dawkins: And if you go along with it, then you are doing the citizens of Miami a favor, but don't nobody do me no favor where I have to come back and give you a chip later on. OK. Ms. Kennedy: I don't do that Millerl Mr. Dawkins: OK. All right, I mean nobody. Mayor Suarez: Now, could we not simply say that, because you implied that the money would be spent later for the inner City parks or the non -downtown parks if you want to call them that, could we not tie down the timing so that as the money spent for Bayfront Park it would also be spent for the other parks. Would that satisfy you concern on that. There is no reason why one has to go first. Mr. Dawkins: OK. If we do the parks, all of them with revenue bonds and do not touch the five point five million dollars you got me. Mayor Suarez: Well, that can also be split in two. Mr. Dawkins: You got me. I don't care. OK. Mayor Suarez: That can also be split in two, half of that for the Bayfront Park completion and half of it for the other parks. That was the idea. Mr. Plummer: But the monies have got to be spent simultaneously. Mayor Suarez: And spending it simultaneously? Mr. Plummer: That's correct. Mayor. Suarez: Hey, Commissioner, we have got an agreement here, I think. Mr. Plummer: Call the roll in a hurry. Mayor Suarez: If you keep talking to Howard Gary, you are going to mess it up. Mr. Dawkins: I tell you what since Howard Gary got so much to say, I continue this until the next meeting and then maybe she will have Howard Gary and then they will be together. Mr. Odio: Commissioner Dawkins, may I ask a question? Mr. Dawkins: No, no, no, no, I move. If I get a second, I move to continue it. Ms. Kennedy: That's not fair. Mr. Odio: But could I ask a question, sir? Mr. Dawkins: Yes. 116 July 10, 1986 Mr. Odio: It's cur own ClarifiCa}'nn. T cond bonds for maintenance and that's what I wanted to ciariiy. Mr. Dawkins: I'm not talking about...you got five point five million dol- lars... Mr. Carollo: Wait a minute, I will second to bring this back at the next meeting, because I think it's gotten so cloudy that it does deserve some time in between before we bring it back and vote upon it. It's too important for us to be voting upon this rushed like this and throwing so many ideas and not even really digesting now what's being . Mr. Odio: And the other issue, let me say this to you Carmen approached me about two weeks ago, and told me that the two appraisals have come in. The City came in at six point one. Their's came in at five point one, that he would agree to pay us five point five five five. Mr. Plummer: Well, maybe we are not in a position to accept that right now. Mr. Odio: I told him at that time that I was not willing to accept anything at this . Mr. Dawkins: What's wrong Mr. Manager, with ... OK. The City of Miami gave Dade County the port land. Am I right? Mr. Odio: Yes, sir. Mr. Dawkins: OK. So, what's wrong- and the Port Authority is self support- ing, is that right? Mr. Odio: Yes, sir. Mr. Dawkins: It supports itself. What's wrong with us taking ten percent of their gross earnings for the City of Miami rather than sell them the rights, we will lease them the rights to put their bridge down on City property for ten percent of the gross revenue that the Port Authority take in, and we are not taking anything from the County. We are raising anybody's taxes because Dade County does not pay any taxes to run the Seaport. It is self supporting. So, if the Seaport make no money, the City of Miami would get no money. Mr. Odio: Sir, I read your ... excuse me, I did read your memo and I was very interested. I think it's a great ideal. I was going to ask the City Attorney today whether we could proceed in that direction and I wish you could ask her... Mr. Dawkins: I will ask. Bob, what's the legalities or legal implications of attempting ---Oh, there she is. I'm sorry, I didn't see you Lucia ---of at- tempting to negotiate a lease for a percentage of the gross revenue that the Seaport gets for the tonnage and the passengers. OK. See, another thing that we are leaving out here is that the Port gets paid for the passengers that come through there. The City of Miami doesn't get anything, because the people come to the airport. They get on a bus, they go from the airport straight to the ship, and the ships doesn't want them to stop at Skippy Sheppard's place because they may spend a dollar. They want all that money on the ship. Then they take them out on the ship and they come back and they are broke. They take them on another bus and they go straight to the airport. So, we get nothing out of it, but if we were, Lucia to lease them the land for a fee of their total receipts, is that legal? Ms. Dougherty: Yes, it is. It's very good idea, the only problem is, we have already signed a contract with Dade County assessing the method of purchasing the easement. Now,... Mr. Dawkins: So, they have broken... Ms. Dougherty:... which would require Dade County to concur and to renegotiate a new contract for this. Mr. Dawkins: OK. They have just broken the garbage fee with us. They have broken ambulance service with us, why we can't a rule with them? 117 July 10, 1986 Mr. Plummer: Have you ever seen a grown Italian cry. Mr. Dawkins: Carmen Lunetta. Mr. Plummer: Carmen Lunetta is going to jump out the top of that transfer crane over there. Mr. Dawkins: Huh. What's wrong with that? Mr. Plummer: Have you ever seen Miller Dawkins hanging by a crane? Mr. Dawkins: But I mean it's just time that we ... you know, we shouldn't just sit up here and just give away the City's land and the County continues to get richer... Mr. Plummer: The Italian is going to be after him. Mr. Dawkins: ... and what have you. I just don't...and Lucia, you say there is nothing we can do, because we... Ms. Dougherty: No. What I'm saying is it would take a concurrence by Dade County to renegotiate that contract. Right now you have a binding contract with them. Mr. Dawkins: OK. Well, then if they won't renegotiate, I will not take less than my appraisal for the land. Now, he can come out five point five all he wants. What was the appraisal? Mr. Plummer: Ours was six point one. Mr. Odio: Ours is six point one and theirs... Mr. Dawkins: Go ahead. And that's what we want now. Now, if he wants to back out the agreement then we can really sock it to him, no problem. Mr. Plummer: What about the toll road? Call the roll. Mayor Suarez? OK. We have a motion to defer, and a second. Maybe the item should have never come back to us. I'm not sure that after what we resolved the last time it really needed to come back, because I think we had done everything that we were trying to redo today the last time around with the resolution that we passed. So be it. We now have a motion to defer, which really leaves everything up in the air and a second, any further discussion from this Commission? Mr. Plummer: Any further discussion from this Commission? Ms. Kennedy: Oh, July 24th right? Mr. Plummer: No, no, no, not necessarily. Ms. Dougherty: Mayor, am I to assume that the C.O. bond issue is off? Ms. Kennedy: Pardon me? Ms. Dougherty: The idea of the C.O. bond issue is off. Ms. Kennedy: That's is off completely. Ms. Dougherty: OK. Mayor Suarez: It does seem to be gaining any great amount of support on this Commission. Ms. Kennedy: We are talking strictly about a revenue bond issue... Ms. Dougherty: So, we are going to withdraw 70? Ms. Kennedy: ... and we are just trying to work out...and I'm willing to vote to give half of the money to the inner City parks. I mean...I think that's very good Miller. Commissioner Dawkins, I just explained to the City Attorney that we are talking about a revenue bond issue and I would go along, I think it's a great idea to give half of the money to the inner City parks. 118 July 10, 1986 Mayor Suarez.- Both the money from the Prrt necotiations and the money from the revenue bond,... Ms. Kennedy: Right. Mayor Suarez:... equally divided between... Mr. Weisberg: Mr. Mayor? Mayor Suarez: ... Bayfront Park redevelopment... Ms. Kennedy: And if you want to agree... Mayor Suarez: ... and the rest of the City's parks. Ms. Kennedy: Right. And if you want to not to defer and go with that, I will be very happy to... Mr. Dawkins: No, now, you are going to hold me hostage now, you are going to hold me up now, huh. The only way you are going to go along with me is if ... Ms. Kennedy: I'm not holding you up, I'm just ... you know, we are talking back and forth and I'm saying that I'm willing to go along. Mayor Suarez: Well, sooner or later we are going to have to close off debate on this. Alan, we still never got a chance to hear what you are going to say. Mr. Weisberg: Well, I'm just concerned that if you do that, I'm not certain as you share the same concern, that the revenue would support a ten million dollars bond issue and that's what you are talking about. Mr. Dawkins: You are right, you and I do not share the same concerns, because my concerns are the inner City parks and yours is the one downtown. You are correct. Mr. Weisberg: Commissioner, if I may address that? Mr. Dawkins: Yes, you may. Mr. Weisberg: I live in the City of Miami. I live near Morningside Park. I am very concerned about the inner City parks. Mr. Dawkins: OK. All right. Mr. Weisberg: But the problem is it's a different issue... Mr. Dawkins: No, it's not. Mr. Weisberg:... and I think that it is unfair, it is unfair, I believe to expect Bayfront Park to generate funds to support the rest of the other parks that the City should be maintaining. Mr. Dawkins: OK. How ... OK. Mr. Plummer: Wait a minute, wait a minute, where does the money come from? Mr. Dawkins: Who built, who built ... yes, where did the money come from? Mr. Weisberg: From the taxpayers. Mr. Plummer: What taxpayers? Mr. Weisberg: From me. Mr. Dawkins: The City... Mr. Plummer: The money is not there my friend, that is the problem. These parks would not be in shambles if it hadn't been for the Miami Citizens Against Crime who came down here screaming and hollering, we got to have more policemen and we did and you know at what sacrifice? The parks. 119 July 10, 1986 A Mr. Weisberg: I share your concern sir. Mr. Plummer: So don't come telling me that that's where the money is going to come from, because when this Commissioner sits here and has to make a decision of priorities between policemen and a park, it's going to be the policemen. Mr. Weisberg: Commissioner, I don't want to debate you on that all. Mr. Plummer: You'll losel Mr. Weisberg: I'm sure I would. Mr. Plummer: Now, it just...you know, it's just the idea that this whole park system...have you been up to Robert Clemente Park? Mr. Weisberg: No. Mr. Plummer: You would be embarrassed to say you were a citizen of this community if you went and looked at that park. I'm embarrassed and I'm a Commissioner and I can't do a damn thing about it because the money is not there. Now, when you start talking about a twenty-one million dollar park, you put yourself in somebody that lives in the Wynwood area and you put yourself in that position when they are looking across the top of those trees and they are seeing a beautiful laser show, a beautiful fountain, which they can't afford. They can't afford to go to Bayside and they are saying look what we have. This is our park, but that one down there is twenty-four million dollars, fantastic, so what, they couldn't care less, and they like you my friend are taxpayers and have every right to expect from this Commis- sion equal treatment and this Commissioner has fought damn hard to do that and will continue. I'm not the most popular Commissioner up here. You might not agree with me, but by God you know where I stand. (APPLAUSE) Mayor Suarez: I think it's really not a question of fairness or unfairness in that sense, it's a question of the priorities that want to be determined by the City Commission. OK. We have got procedurally here, a motion to defer and a second. We are going to call the question on that or does the Commis- sioner want to try one more time for a motion to substitute? Mr. Carollo: You are going to do what, call the question on that? Ms. Kennedy: I would like to make a substitute motion. Mr. Carollo: I thought you told me before that's not how you do it. Mayor Suarez: No, the chairman can call the question and close debate any time. Mr. Carollo: Oh, OK, Xavier. Mr. Plummer: Unless overridden... Mayor Suarez: I can be overruled. Mr. Plummer: Overruled by the chair. Mayor Suarez: I can be overruled. Mr. Plummer: Yes, that's true. Mayor Suarez: OK. We are going to call the roll on that motion to defer. Call the roll please. Mr. Carollo: To defer it until the 24th. Mayor Suarez: Well, we never specified the date, you want to... Ms. Kennedy: OK. I think we need a date. Mr. Odio: Well, if it's not July 24th, you have the whole month of August that is... 120 July 10, 1986 Ms. Kennedy: We adjourn for a whole month. Mr. Carollo: And that could be deferred again if people want it. Let's make it the 24th. Mr. Plummer: Yes, that's the best thing to do. And if there is a reason on the 24th defer it again. Mayor Suarez: Move to defer until July 24th. You are the mover, right? Mr. Carollo: No, Miller, moved it I seconded. Mayor Suarez: Does the moving party accept that? Mr. Dawkins: Yes. Mayor Suarez: Moved and seconded to defer until the 24th, any further discus- sion, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-569 A MOTION TO CONTINUE TO THE MEETING OF JULY 24, 1986 DISCUSSION CONCERNING SOURCE OF FUNDING FOR BAYFRONT PARK PROJECT. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: And you didn't say July 24th of what year. I vote "yes". Ms. Kennedy: Of this year. Of this year. Mr. Plummer: No, no, no. Mayor Suarez: Of 1986 implied in law. Ms. Kennedy: Two weeks my friend. Mayor Suarez: Yes, I would have deferred it indefinitely... Mr. Plummer: Now, Mr. Mayor, in that two weeks. Mayor Suarez:... because I don't think the whole motion was necessarily a discussion. Mr. Plummer: Right. Mayor Suarez: Commissioner. Mr. Plummer: During that two weeks I would appreciate that the people who made this presentation here this morning, you have two weeks to put a package together to know ---to go get a copy of the Noguchi Plan. I for one will tell you or any one else who might want to bid, that it's got to be built according to the specs of Noguchi. That goes without saying, the amphitheater, and if you want to put some numbers together, this one Commissioner would like to hear them. OK. Because I think you are realistically talking three million dollars, and I will tell you one other thing, that I would... 121 July 10, 1986 Suarej.. "Ic lost f4cur, thcy gate was t.;o poiint three-. Mr. Plummer: All right, sir. Whatever the figure is, all right. And I'm telling you for this Commissioner, for one, and I want you...listen to me. Hellol OK. I'm not calling collect. I'm telling you that if any...if you want to bid, you have got to include in your bid at least one hundred days a year free to community service organizations. Absolutely free at no cost to them. So, if you can't include that in your bid or in your proposal, don't even consider coming back. Now, that's one Commissioner speaking. Ms. Kennedy: And to meet with our Committee. Mr. Plummer: Absolutely, definitely meet with that Committee, because I think it is a golden opportunity to afford to the community groups of this City the opportunity to have the use of that amphitheater a hundred days a year abso- lutely scot free. Ms. Kennedy: I also,...we all in fact heard Roger Carlton talking about the six million dollars, perhaps that's another avenue. Mr. City Manager? Mr. Manager, could you also explore the possibility of the Off -Street Parking helping us out between now and the 24th. Mr. Plummer: If there is three votes. Mr. Odio: Well, it's you decision. Actually, I can... Mr. Plummer: Well, excuse me, Rosario, not to be humorous in any way, but at this particular point, there is only two point eight five there. Ms. Kennedy: OK. Mr. Odio: She will take it. Mr. Plummer: Well, I'm sure she will take it. Mayor Suarez: Item... Mr. Plummer: Mr. Mayor, I'm assuming we are finished with that issue now? Mayor Suarez: We sure are. Ms. Kennedy: Yes, we are. Mr. Plummer: OK. We have touched... Mayor Suarez: Thank you, to the members of the Committee. I'm sorry. And for your continued serve on that Committee. It seems like the Committee is going to go on and on. Ms. Kennedy: No, it won't. Mr. Plummer: And to this gentleman. Sir, if I owe you an apology, I'm sorry. All right, sir? (INAUDIBLE COMMENT) Mr. Plummer: OK. Good people can disagree, they don't have to be disagree- able and if you felt that I was disagreeable, I apologise to you. Mr. Dawkins: You were. Mr. Plummer: OK. I'm sorry, I apologize. Drop dead. Ms. Kennedy: In the words of Harvey Reisman, " to 122 July 10, 1986 50. A- CITY TO AUDIT METRO DADE COUNTY SOLID WASTE DEPARTMENT AND METRORAIL. B- CITY SHALL BE FORCED TO FILE SUIT AGAINST METRO DADE COUNTY IF ITS AMBULANCE SERVICE IS DISCONTINUED. Mr. Plummer: Mr. Mayor, I think this Commission needs, if we can take just a minute with the Manager. Mr. Mayor, I am absolutely horrified that at this particular point, everybody is talking about the problems that are being created by Metro. We do not have a specified committee to go sit down and talk with them. We don't have a game plan or a plan of action to go and talk with them, budget is going to be October 1st, and I want to tell you that if we get saddled with this garbage fee that they are talking about and if we get saddled with this ambulance fee they are talking about and a few others, I would hate to be one that is sitting here on October 1st when they pass it without shot being fired from this City. Now, I would hope whether it is you, the Mayor of this City or Mr. Odio, the Manager, we have got to make a concen- trated effort to do something. Ms. Dougherty: True. Mr. Plummer: To... Mr. Carollo: I vote to nominate Mr. Odio to make sure that that is done. Mr. Plummer: Hey, we have got to do something. We cannot sit by, because we cannot assume this obligation which is rightfully theirs. Mayor Suarez: You know what's happening? Mr. Plummer: Nothing, that's my problem. Mayor Suarez: Yes, what's happening is that we have threatened, we have sent them letters as this Commission indicated last time. We drafted it the same day and got it out with copies of the transcript. We have come up with other additional ideas on how we can further tax the County in return for what they are doing to us. We have gone public with it. We have complained in the media, and it's not having an effect. Mr. Plummer: None. Mayor Suarez: It's not having an effect, and it may be that we just have to take some action that hurts them as much as their proposed action hurts us. Mr. Plummer: I'm asking... Mayor Suarez: Because the letter that you recommended last the last time that this Commission voted on was sent and it was rather strongly worded. In fact, the City Manager drafted two letters for my signature and I took the stronger of the two, the one that was worded the most...and I sent a copy of the transcript which contained all kinds of remarks that were very very emphatic from this Commission and it had no effect. Mr. Carollo: Well, that's apparent, Xavier, they didn't pay any attention to you, so I think that's why we should now send the Manager to meet eye ball to eye ball with them. Mayor Suarez: Well, it may be that we will need to take action and not just negotiate, but if you want to try it Mr. City Manager. Mr. Odio: Well... Mr. Plummer: Mr. Manager, what do you recommend besides sweating it out? Mr. Odio: On the ambulance service? Mr. Plummer: On all of it. Mr. Carollo: Outside of duels, what do you recommend? 123 July 10, 1986 Mr. Odio: Let me take the ambulance service first. I think we go and send our City Attorney till them that we zie going to sue Cher,. That we re an agreement. When the Jackson Memorial Hospital was turned over to the County, that they would provide service to the indigents of the City and that's an obligation they must continue. Mr. Carollo: That sounds good. Mayor Suarez: Is it a tenable position, Madam City Attorney, that we can vote on that today? Mr. Odio: I have been talking to Lucia... You talk. Mr. Carollo: And including their boxing matches too, if you would. Ms Dougherty: The law in this state at this time is that Dade County has the absolute obligation to care for the indigent. That is both by case law, constitutional provision as well as our contract with them. The question is, does that include ambulance services. They are going to say that that does not include ambulance services. We believe it does. We think we have some authority that would include that, and we think we would have a viable case again them if they did, in fact... Mr. Dawkins: How can they treat indigents without transporting them to a hospital? Mr. Plummer: Well, you see, that goes a little bit further also, Miller in my estimation. I was formally in the ambulance business. All the people that are transported are not necessarily indigent. At this particular time Dade County, when called upon, provides the ambulance service, whether they are indigent or not. Now, who is going to stand there, at the scene of a wreck, and say this man has money, or he doesn't have money, and Dade County is not going to want to be placed in a position of saying, "Well, this man has $100 in his pocket, so we are not going to transport him. As it stands today, Dade County has always provided the ambulance service whenever called upon, at a rate with a contract with private companies. Now, that to me, you know you can handle these issues one at a time, but I want to tell you something, it is just getting worse to worsen. Mrs. Dougherty: You are right, you need to do that, J.L. Mr. Dawkins: Is it proper to make a motion that you go to court now... Mayor Suarez: Thank you, that is what I was... Mr. Dawkins: I am not in favor of us negotiating. I am in favor of going to court in the morning and filing whatever it takes to do it. Mrs. Dougherty: I don't have a case until they do something. They haven't done anything yet. Mayor Suarez: Just the announcement does not put us at issue? Mr. Odio: But the announcement by an Assistant County Manager that we... Mr. Plummer: What about a declaration? Mayor Suarez: How about a demand letter saying that we are going to file suit if they do that? Do you want to make that in the form of a motion, Commis- sioner Dawkins? Mr. Dawkins: Yes, what now? Mayor Suarez: That we send a demand letter that if they in fact implement that, we will sue them. Mr. Plummer: Well, OK, how about a little bit further than that? How about reducing the City's taxpayer's taxes that we pay to Metro -Dade County? 31 percent of their budget comes from City residents. Mrs. Kennedy: Why not? Mr. Manager, for how long have they been doing this?... has the County been doing this? 124 July 10, 1986 A R'' Mr. Plummer: S� n- � , ans:� : <1 started Metro -Dade County. Danny, when did you, when you were the father, the grandfather, the aunt, the uncle...? Mr. Dan Paul: That was in 1957, but you must not blame it on the Charter. Mr. Plummer: Who do we blame it on? Mr. Paul: The people that implemented it. If you had to... Mr. Plummer: No, no, no! You put it on the Charter, my friend, in a reverse discrimination manner. Yes, meant no, and no meant yesl Mr. Paul: No, not at alit Mr. Plummer: Oh yes, how well I remember! Mr. Paul: If you add two and two and get five, it doesn't mean there is anything wrong with the principles of mathematics, it only means you can't add. Mr. Plummer: You are absolutely correct, but there were a lot of people here that couldn't add. Mrs. Kennedy: I think the precedent speaks for itself. Mayor Suarez: Well, we are not... you are not suggesting that we put into a demand letter that we are going to have a tax revolt here and the citizens of Miami are not going to pay the taxes? Mr. Plummer: Why not? Mr. Odio: I think it is double taxation. If we are paying taxes to the County to provide certain services, and they expect the City to do so, why do we need the County to tax us on that amount of money then? Mayor Suarez: Well, it is a very good political point, but our resolution to that effect has no effect whatsoever, you know, if the Commission wants to vote on that, that is fine. It seems to me that we ought to approach it from the viewpoint of a lawsuit that we may have against them on the ambulance service for indigents, where contractually and by State law they may have to provide it, and we may win that lawsuit, and that would have some teeth. Mr. Plummer: Well, you know, OK, let's do this. Let me ask this question. First day of October, the County no longer provides ambulance service. We don't provide ambulance service. Mr. Odio: Then you have people that will not be treated... Mr. Plummer: All right, then what happens? Mr. Odio: And I will tell you what is going to happen, Commissioner. You know who is going to pick them up? Our fire rescue is going to pick them up, because you won't let them sit... Mayor Suarez: It will increase our fire rescue pickups by a factor of... Mr. Odio: And it will increase our fire rescue by 12.000 people a year, and we cannot handle that. Mayor Suarez: Why don't we at least vote on a demand letter indicating we would file suit. Mr. Odio: Well, would you also instruct the City Attorney to file an injunc— tion if the time comes,they try to ... Mayor Suarez: Absolutely! The only reason we are not filing an injunction now is they haven't implemented it yet. Mr. Odio: But if they do... 125 July 10, 1986 AN Mavor Suarez: Absolutely. And that if in fact, they get ready to implement 1L, 4hen we file for an iiijuii,__.uris 1 Lhink aL th.xt pOiriL it is an issue, isn't it, Lucia? Mr. Plummer: Well, let me ask another question, and I guess I am grasping for straws. Is it the purview of the City of Miami to sue Metropolitan Dade County for the foul-ups in the garbage situation? They fouled it up. It went from an $86,000,000 project which was going to save us all money to about a $250,000,000 project, which is about to throw us all into bankruptcy. Is the City of Miami have a position in court to sue Metropolitan Dade County for recovery because of their foul-up? Mr. Odio: Considering, Commissioner, they have increased, with this proposed increase, 80 percent of their fees in two years - 80 percent, what the other cities are doing is passing it on to their taxpayers, but since we don't do that, that means the Solid Waste Department will have to eat up about $3,000,000, practically. Mrs. Dougherty: The answer to your question is, I don't know, and perhaps we could, if we had enough facts to show that they actually were derelict in their duties in managing the system. If it was a question of whether or not we can assume the responsibility under State law, we cannot, so we are obli- gated... Mr. Plummer: Does the same still hold true for Metrorail? Mrs. Dougherty: What do you mean? Mr. Plummer: You know, you are talking about Metropolitan Dade County and the transportation division this year, of buses, Metrorail and people mover subsidy - subsidy of $102,000,000. The subsidy in that garbage thing is unbelievable. Now, do we the citizens of the City of Miami just have to say, OK, big brother, you guys made a mistake, so we will forgive you, and we will pay the tab, and that is what is happening. Or, do we have a right to go in and say, "Hey you guys goofed and because of that, we don't want to have to pay it, because we didn't have any say so." Mr. Odio: Let me say, we should also join strongly with the Dade League of Cities. John Sherman, the Mayor of Bal Harbour is really very upset about this increase, Commissioner, and I don't know what they can do, but I think... Mr. Plummer: Mr. Manager, today is the loth day of July. We have been talking about, and talking about this issue for three months. Mayor Suarez: What happened, by the way, on that point, with the County representatives that we were hoping to have? Mr. Odio: We requested that the County Manager be here today, and he informed us that he was not coming, so there is nobody here from the County. Mayor Suarez: They didn't even send a representative? Mr. Odio: No, sir. Mrs. Kennedy: Tell him that we love him too. Mayor Suarez: OK1 Mr. Odio: I think that... I don't know if we can legally tell them that we are just not going to pay that and see what happens. I would say we will not pay the increased fee, that we have the right to say no. Mr. Plummer: Then they are going to say, you can't use the dump, and then what are you going to do with your trash? Mr. Odio: Well, Commissioner, I don't think they can do that, legally. Mr. Plummer: Are you going to dump it on the front of the courthouse steps? Mr. Odio: It is a health matter at that point, and I don't think they can do that. 126 July 10, 1986 _ .,.:.. _,�,A>, r;-:.� -,�... �y-"'3�*;��5�ks s',a<.�Rw:ar�i3�c.w._in- '�•;� �_ �.. ..: � ■ AN 104 Mayor Suarez: Well, once again, on the ambulance service, I think we ought to tell theirs in a demand letter, that we arc goa% Lo talc: suzL iL _,-y Liy to implement that. On the waste collection fees, I think we are going to have to come to those other items that we were considering charging them for, that we now provide to the County. Mr. Odio: They also need for me to sign a permit for them to be able to build a new office building and a hotel in the port of Miami, and I am not signing, Commissioners, until you order me to do so. They need that badly. Worsham Brothers are involved in it, and there are other things that I am trying to do right now, administratively, but my hands are tied. Mrs. Kennedy: Mr. Manager, let me ask you. Just a few months ago, the press was talking about the fantastic rapport between you and the County Manager. What has happened? Mr. Odio: We are good friends, but he has budget problems, and... Mayor Suarez: But, do you think perhaps the two of you could sit down maybe with a member of this board, or by yourselves alone, and try to work this out, instead of talking of lawsuits and... Mr. Odio: I talked to the County Manager specifically on the solid waste matter and he said he had no choice, that he had inherited that problem, and he had no choice, and I couldn't move him in that area. I think what you have to do is apply political pressure so that his Commissioners... Mr. Plummer: What is your projected increase to the City this year? Mr. Odio: $2,500,000. Mr. Dawkins: Is there anybody over there who deals in bonds? If we were to go to court and tie the County up in litigation, would the County have the same problem that Joe Robbie got in, that he can't use his bond money, and they would be... their bond rating would drop because they were in litigation? Mr. Odio: Commissioner Dawkins, let me remind you what happened with the Watson suit, because we were filing suit, they couldn't sell bonds. Mr. Dawkins: All right, then I think we need to file any kind of suit against them. Mr. Odio: I know. OK. Mr. Plummer: All right, here, let's try this one on for size. I make a motion at this time that the City Manager provide whatever staff necessary in the Auditing Department to the City Attorney's Office, to go and investigate the books of the Solid Waste Department of Metropolitan Dade County, and the Metrorail to make a determination that that which they state, is an increase in cost, is realistic. I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Hearing none, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-570 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO PROVIDE WHATEVER STAFF IS NECESSARY FROM THE INTERNAL AUDIT DEPARTMENT TO THE CITY ATTORNEY IN ORDER THAT THE CITY ATTORNEY MAY GO AND INVESTIGATE THE BOOKS OF THE METRO DADE COUNTY SOLID WASTE DEPART- MENT AND METRORAIL IN ORDER TO DETERMINE THAT WHAT IS PORTRAYED BY METRO DADE AS AN INCREASE IN COSTS IS IN FACT SO. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 127 July 10, 1986 I AYES: Commissioner .;. _ Co Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Are we going to talk about the letter, or the lawsuit on the ambulances? Mayor Suarez: I would entertain a motion to that effect. Mr. Plummer: Well, I don't understand what you are saying, but I know I don't disagree with it. You are saying, send them a letter, that if they discontin- ue the provision of ambulance services, they will force us to file a lawsuit on behalf of the people of this City. I so move. Mrs. Kennedy: I understand that the County has financial difficulties, but so do we, and... Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-571 A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY FORWARD A LETTER TO THE METRO BOARD OF COUNTY COMMIS- SIONERS INFORMING SAID BOARD THAT IF METRO DADE DISCONTINUES ITS AMBULANCE SERVICE TO THE CITIZENRY, THE CITY OF MIAMI SHALL BE FORCED TO IMMEDIATELY FILE A LAW SUIT AGAINST METRO DADE IN ORDER TO MAKE THEM FULFILL THEIR FIDUCIARY RESPONSIBILITY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: VICE MAYOR DAWKINS INSTRUCTS THE CITY MANAGER TO CHECK WILLIAMS PARK FOR ASBESTOS. 128 July 10, 1986 51. ALLOCATING $2,000 FOR AT►iLET1C BUDGETS FOR EACH: EUISON, JACKSON, AND MIAMI SENIOR HIGH SCHOOLS. Mayor Suarez: How many of you are here on the Miami High matter? Raise you hands. Mr. Plummer: Well, if each one of you donate a dollar, the problem is over. Mr. Carollo: Is anybody from Crescent here, or just Key Club? I see some hands back there. Mayor Suarez: Come up to the mike and tell me whatever it is you are saying. Give us your name and title. Mr. Jose Nunez: Jose Nunez, 3340 N.W. 15th Street. I am the athletic direc- tor of Miami High. Mr. Plummer: The microphone will come up at no extra charge. Mr. Nunez: You can use my dollar for that. Crescent is no longer a service club of Miami High. Key Club, Interact, those are the two major ones - "X" Club. You got cheerleaders here, you got the football team, you got part of the band, majorettes, some parents, a lot of coaches, a big group of interest- ed people. Mrs. Kennedy: Before we start, let me just say something. I think that we must make every attempt to encourage our youth to participate in interscholas- tic activities, and I, for one, will make anything in my power to make sure that you can continue to play in the Orange Bowl. Mayor Suarez: Mr. City Manager, can you give us a quick presentation of why all of a sudden the fees are so much higher. Mr. Odio: They are not much higher. We are charging them $3,300. The rent for the Orange Bowl is normally $10,000 per game. We are eating up a lot of expenses so that they could play there. I asked them... I talked to Mr. Nunez and the football coach, and first I want to know if the School Board knows that they are here? They have a larger budget than we have, and they are sending their problems to us. The City has a limited budget. The Orange Bowl needs to at least cover expenses, and I am all for football, but not at City taxes expense. Mr. Plummer: It was the School Board's decision about five or six years ago to withdraw you all out of the Orange Bowl. It was not our decision. They took you out of there, and I think your argument is not with us, your argument is with the School Board. Mr. Nunez: Point of information. First of all, we are here solely as Miami Senior High. We have no power to deal, you know, as the School Board, or know nothing of their dealings with you. We are here solely as Miami Senior High School. Mr. Dawkins: How do you feel right, in coming before us, an elected body, as citizens, and you don't have that right to go to the School Board as citizens. How do you figure that? Mr. Nunez: I will explain to you the reasoning here. Athletics is a separate entity, complete separate... Mr. Dawkins: No, no, I say as citizen of the City of Miami, I am not inter- ested - I mean, I am talking about tax dollars, OK? Now, I am willing to go with you and anybody else. The School Board is not at its millage cap, we are. The School Board is at about what?... 6 percent? Mr. Plummer. 6.4. Mr. Dawkins: And they can go to 10, so the School Board is not taxing people, and yet, but they are complaining. So what the School Board needs to do is do 129 July 10, 1986 4 like they want me to do, assume some taxes, which they have a right, to do, but that i� not... I wFn* you to understan.1 I ar n^t: prpuinl� w Wh I-- that, but I just don't understand how you can tell me that as a citizen, you don't feel you have a right, that you can go to the School Board. Mayor Suarez: What is the shortage of money, so we can establish what the issue is exactly before us? Mr. Nunez: OK, let me answer the question, and I will get into that. No, sir, I am not disagreeing with you, or saying I don't have the right. I have mentioned it to them. I have talked to them, I have followed, you know, my procedure there. It is... Mr. Dawkins: I don't mean it that way. See, you are an employee, I under- stand what you are saying. OK, I don't have any problem with that. I am talking about the citizens, OK? Mr. Nunez: As citizens, not particularly myself, but many parents have written letters. We have had our booster clubs follow through on that. Mr. Dawkins: And you went before the School Board just like you here en mass, and nothing happened? Mr. Nunez: Not before the School Board, no, sir. Mr. Dawkins: Well, see... Mayor Suarez: What is the total amount of shortage of money that you are facing? Mr. Nunez: OK, let me turn it over to my head football coach, Ralph Arza, and he will. Mr. Ralph Arza: The amount comes to about $1,500 to $2,000. Mayor Suarez: Is that for all five games, or per game? Mr. Arza: No, for all five games. That is all we need in order to play there at a cost of $2,000. Mayor Suarez: I will tell you how we are going to resolve it. Mr. Proenza, would you stand up sir? I am going to ask Mr. Proenza to head a committee to raise you the $1,500, and I will guarantee you we will get the money for you from the private sector. He has just been volunteered! Mr. Carollo: Let me see if I understand what is needed correctly. It is $1,500 to $21000? Mr. Odio: Per game? Mr. Arza: $1,500 to $2,000 to cover... Mr. Carollo: Totally. Mr. Arza: OK, we want to play there for the cost of $2,000. Mr. Carollo: We understand that. Right, but what you are saying is, the difference is, that $1,500 is per game? Mr. Nunez: No, it will be for the five... Mr. Carollo: Through the whole season. Mr. Arza: For the whole season. Mr. Carollo: So, we are only talking about $1,500. Mr. Arza: $1,500 to $2,000 will cover our expenses. Mr. Carollo: For the whole season. Mr. Dawkins: $2,000. Say S2,000. 130 July 10, 1986 �+. v n a r % i 49 i tr- 'idy F t 1 Mr. Arza: OK, $2,000. Mr. Carollo: Well, let me say this. Mrs. Kennedy: Let's say $2,000. Yes, you can come up. Mr. Carollo: I don't want to use an outstanding citizen like Mr. Proenza on $2,000. I want to make sure we are going to use him where he is really going to bring in some money for a worthy cause, not just $2,000. If that is all we are talking about, I will make the motion right now for this Commission to approve that money. Mr. Kennedy: And I will second that motion. Mr. Plummer: OK, well wait a minute now. Hold itl You know, and I am Miami High graduate... Mr. Odio: May I say something? Mr. Plummer: But, you know, I am also... Mr. Nunez: Mr. Plummer... Mr. Carollo: Plummer is a Mia-am-muh High graduate. I am a Miami High graduate. There is a difference. Mr. Plummer: Joe, that is the difference between a tourist and a native. Now, we've got to be fair now. OK, whatever you do, as much as this hurts me to say, you have got to do the same for Jackson, you've got to do the same for Edison, you've got to do the same for Northwestern, so you know, you have got to do for every high school that exists within the City limits of this Cityl Mr. Carollo: J.L., we are only talking $2,000 maximum. Mr. Dawkins: One, two, three... that is $8,0001 Mr. Plummer: Well, you know, I've got to tell you, Coach, you are not realis- tic. Mr. Arza: OK, let me answer your point, sir. Mr. Plummer: So, what I am saying to you. I will vote for this motion, OK, $8,000, but don't come back here crying because I think you are going to be out a lot of dollars. When you start talking security, ticket takers, clean- up, and all of that in that Orange Bowl, it is a damn expensive item, so don't come... now, with the full understanding that you are going to get your two grand, and you are not going to come back here and cry for one more dollar. Mr. Arza: OK, the situation is, Commissioner Plummer... Mayor Suarez: Look, it is going well for you, you are going to get the money from the City and whatever Mr. Proenza can raise for you for additional... momentum is on your side, Ralph. Mr. Arza: I would like to clarify the point. Mr. Carollo: Morris, you are getting out of this that easy for $2,000. Mayor Suarez: When it is going well, the trick here is to step away and, you know... Mr. Arza: Do you want me to clarify the point about Miami Jackson? Mrs. Kennedy: No. Mayor Suarez: It is dangerous to clarify. Mr. Arza: No? I think you have to vote on this. Mrs. Kennedy: I think there are a lot of people in this community who remem- ber the days when Miami High played in the Orange Bowl in front of 60,000 people when they were national champions. Mr. Plummer: That was on turkey day. Mr. Dawkins: Are we saying that we are going to give $2,000 to the athletic fund at Miami, Miami Edison, Miami Northwestern and Miami Jackson, is that the vote? Is that the motion? Mr. Plummer: Oh yes. Mr. Dawkins: OK, so that is $8,000. Mr. Plummer: Yes. Mr. Dawkins: OK, I just want to be sure that I understand the motion. Mr. Dawkins: Mr. Manager, I want a copy of each one of those checks, and I want to put it in a Christmas card and send it to the School Board. Mr. Odio: Only if they play in the Orange Bowl, do you have to give them money. Mr. Dawkins: No, no, no. Mr. Carollo: That is right, only in the Orange Bowl. The others... Mr. Dawkins: OK, all right, OK, then, how can we with the University of Miami — let's be realistic, now — accommodate all the high schools playing in the Orange Bowl? Mr. Arza: Sir, that is the point that I wanted to clarify. Mr. Odio: That is the point, yes. Mr. Arza: Miami Northwestern... Mr. Dawkins: No, no, no, you don't have to explain nothing to me. I under— stand clearly what we are saying. All I want to say to you is, that on Saturdays, the University of Miami uses the Orange Bowl, OK? Now, if we are going to make the Orange Bowl available, make it available to everybody... Mr. Plummer: On weekdays... Mr. Dawkins:... on... OK, and you will not have on a lock on it, that is what I am saying to you, that if you want to use it this week, Miami Northwestern uses it next week, Miami Edison uses it next week, and Miami Jackson uses it next week, that is fine, but... Mr. Arza: Can you allow me to clarify something. Miami Northwestern played its home games at Community College North, and they are happy with that. They like to play only one game in the Orange Bowl. Mr. Dawkins: Who told you they are happy? Mr. Arza: Sir, I have spoken with officials at Northwestern. Mr. Dawkins: OK, well, I live out there, I knowl OK, if they had the Orange Bowl, they would prefer the Orange Bowl. Mr. Arza: I really don't think so, sir. Mr. Dawkins: I do. You want me to call them? No, the principal isn't there now. I can call the athletic director now and have him tell you that. Mr. Nunez: Mr. Perry is a good friend of mine and I know exactly what you are saying, Commissioner Dawkins. Let me explain one thing how scheduling is done. We do not schedule. The City Manager or the parks office tells the Greater Miami Athletic Conference what days are available for high school football at the Orange Bowl. From those dates we get to pick. We are not getting any special dates. Mr. Dawkins: Well, I don't have any problem with that, the only thing I am saying to you is, if I take taxpayer's dollars and give $2,000 to the athletic 132 July 10, 1986 ■ fund at Miami High. I am also going to be voting for $2,000 for Miami Edison, hiami Northwestern and Miami Jackson. Mr. Nunez: And they would love you for it. Mr. Dawkins: Who in the hell is going to turn down $2,000? Mr. Nunez: That is right. Mr. Dawkins: Come onl Don't be ridiculous. Mr. Carollo: Miller, for the record, I have no problem in making that motion across the board instead of just for $2,000 to supplement the Orange Bowl for their games, but for the record, the wrestling coach behind me from Jackson High just told me that they are very happy playing football at Miami Dade. Mr. Dawkins: All right, let me restate my motion, and my motion is this: If we increase Miami High School Athletic budget by $2,000, with which they will take to play in the Orange Bowl, then I will be voting to increase the athlet- ic budgets at the other three schools by $2,000, for them to use in athletics. Mr. Carollo: That is the motion that I am making, across the board. Mr. Dawkins: That is all I am saying. Mayor Suarez: OK, we all agree with that. Mr. Dawkins: I don't care what... and you tell the wrestling coach he can go play in the middle of the bay. Mayor Suarez: Hey, when we agree on something here, we take a vote real quick. Mrs. Kennedy: You see how much fun we have? Mr. Carollo: I don't think they can wrestle in the middle of the bay, Miller. Mayor Suarez: We all agree at this point. That is the motion, that is the second. Everyone has stated that they are in favor of it, so please let's call the roll. (AT THIS POINT, THE CITY CLERK BEGAN ROLL CALL) Mr. Dawkins: Boy, the Manager is upset that we took $8,000 from him. Mayor Suarez: He is hurtingl Mr. Odio: No, but the reason I am upset is that the School Board and I have been negotiating an agreement for over a year and one-half to help pay, defray the cost of running 12 City parks, that they are wearing out by using them for physical education. They have a larger budget. What is there budget, a billion dollars, to 200 here, and that we are here subsidizing their athletic program. Mayor Suarez: Well, you will squeeze out $8,000 more from them. Mr. Dawkins: What you are saying, well, we agree with you, but we can't hold them hostage for what we're doing with the School Board. Mayor Suarez: Mr. Plummer: You got $100,000 in school crossing guards that we are paying for that is rightfully their obligation) Mrs. Kennedy: If we don't help our youth, who will? 133 July 10, 1986 The following resolution was introduced by Commissioner Carollo, who moved its adoptiu;i: RESOLUTION NO. 86-572 A RESOLUTION ALLOCATING THE AMOUNT OF EIGHT THOUSAND DOLLARS ($8,000.00) TO INCREASE THE ATHLETIC BUDGETS FOR THE 1986-87 SCHOOL YEAR AT MIAMI EDISON SENIOR HIGH SCHOOL, MIAMI JACKSON HIGH SCHOOL, MIAMI NORTH- WESTERN SENIOR HIGH SCHOOL AND MIAMI SENIOR HIGH SCHOOL IN THE AMOUNT OF TWO THOUSAND DOLLARS (2,000.00) FOR EACH SCHOOL WITH FUNDING TO BE 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 Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr.** Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: *Mr. Carollo: When voting "yes", it just came to mind, particularly with all the encouragement our Mayor has given about raising funds for boxing, you know, maybe one of the ways that we could raise small amounts of monies like this from now on, is by maybe members of the Commission boxing, or the staff wrestling, or boxing or something like that. Maybe then we could raise even more money for projects, or at least maybe some people would mellow out a little bit. Mr. Plummer: Yes, and speaking for one over here, I'll stand there and buy all of you when you diet Mrs. Kennedy: Commissioner, let me... Mayor Suarez: Anytime Miami High wants to have an exhibition basketball game, I will bring my own team as I have done in the past with you guys and we will raise a lot of bucks. Mrs. Kennedy: Let me tell you... Mr. Carollo: Wait a minute. Wait a minute, you know, the last time you pulled this on us, was against the City of Miami Beach, and it was about three-quarters of the game, we were losing by 20 points, you know you got all sad and went home, if it weren't that I started coaching the team and brought some of my little guys to play, six, eight and so on, you know, we would have lost the game, so you know, come on nowt Mrs. Kennedy: Come on, you know the real reason we won is because I started playing. Mr. Carollo: That is right, that tool Mrs. Kennedy: I've played baseball, I've played basketball, I won the jet ski race. I've got my quota filled, but perhaps if you want to get somebody else to box the Mayor... Mayor Suarez: I won't say the real reason we were behind by 20 points in that game. Please call the roll. Mrs. Kennedy: Listen, if you want to get somebody to box the Mayor... 134 July 10, 1986 '00% Mr. Plummer: I am glad I didn't go to any of those events! I don't have to lie. **Mr. Plummer: Oh, hell yes, why not? Mayor Suarez: Thank you, you got your $2,000, and don't forget Mr. Proenza. 52. COVERAGE OF FIDUCIARY AND FIDELITY INSURANCE FOR MEMBERS OF RETIREMENT TRUST BOARD. Mayor Suarez: Former Commissioner Rose Gordon, do you have an item that you thought we could take care of quite quickly, I hope? In deference to a former Commissioner, I am going to take it out of turn. Mrs. Rose Gordon: Thank you, Mr. Mayor and Commissioners. I am here on item 91. Mrs. Gordon: I am here as chairman of the General Employees and Sanitation Employees Retirement Trust. With me are some members of the board - T. Willard Fair, Simon Ferro, Gary Shartzer, and I believe there are a couple of other members that are here. It took a long time for us to be able to receive a bid for fiduciary insurance, so that we could comply with section 4245 of the Code, which requires the board to purchase fiduciary and fidelity insur- ance coverage. We got a bid from Aetna Life and Casualty. The board recom- mends that we accept this bid, and it for $5,000,000 coverage for the fiducia- ry insurance. However, it has a deductible of $100,000, and the cost is $116,025. What we are here... Mr. Plummer: Payable from the trust? Mrs. Gordon: I am not sure. Maybe the attorney has to tell me whether it is or it isn't, because from other portions of the Code, it says the City's annual fiscal contribution to the retirement plan shall provide for the following: non -investment expenses of the retirement plan, so I am not sure whether that premium falls within that category that I just stated. What we are here to ask you for is that... and maybe we can ask the Manager. Mr. Odio: Dean will address this. Mrs. Gordon: Oh, Dean? Mr. Plummer: I think that the problem that you are faced with, Rose, at this particular time is the fact that this Commission is not making all of the appointments. We only make certain appointments to that board, and we do not have the control that we had in the past. As I recall, we only make... the board is now composed of how many people? Mrs. Gordon: Nine. Mr. Plummer: Nine, of which how many are direct City Commission appointments? Mrs. Gordon: Four. Mr. Plummer: Four. Mrs. Gordon: One is a management appointment. Mr. Plummer: OK, that means... I understand, but what I am saying is, that other five appointments, which we have no control over, I think it would be wrong to ask the Commission to pick up the tab for those people. It should be paid by the trust fund, because we have the right, in the management end of it to say yes, or no, and as such, we can make sure that the quality of the people that are there. Now, when we don't have the right to say, "OK, well, you shouldn't appoint Mr. X.Y.Z., because he has no knowledge and he might goof up, we don't have that right any more, so I don't think it is even right to ask us to provide that for the appointees of those who we have no control over. 135 July 10, 1986 I Mr. Dean Mielke: Commissioner, under Gates, we have, as you correctly pointed out, rpdpe Pnntrni. to the board itself, and they, Gates provides that we will pay the a;:wlnist:acive fees and they have curLain rights, such as hiring staff, and :Honey managers, and consultants, etc. I think that, in my judg- ment, even though you say it should come out of the trust, you have to under- stand that that money is going to come from us one way or the other, and what I am saying to you is, as long as that board operates within the parameters of your budget, and you set their budget, and that was part of Gates settlement, that they would come to you once a year with the budget, and that is really the only control you have. They come to you with the budget, and they say, Here is our budget, just like Off -Street Parking, and they go over it with you, and that is the place where you have the hammer, and I guess what I am saying to you is, it is not an unreasonable request, as long as that board operates within the parameters of what the ordinance allows them to do. If there was a caveat in there if they go off into never, never land, that they are on their own, then I think that protects your interests, but I think that is not unreasonable for what they are requesting. Mr. Plummer: Are you representing all of the boards? Mrs. Gordon: I am representing the General Employees and the Sanitation Employees. Mr. Plummer: So then, Police and Fire, it is to be expected that they will come in with the same request. Mrs. Gordon: I don't know their situation. Mr. Plummer: Well, there is two. Mr. Mielke: That is correct. Mr. Plummer: You have the Plan and you have the... Mrs. Gordon: System. what used to be called the Plan, and now it is the Mr. Plummer: The Plan and the System, there is two - one for Police and Fire, one for General Employees and Sanitation. Mrs. Gordon: Right. Mr. Plummer: So, I think what you are looking at is double that number. Now, you know... Mr. Mielke: It's not unreasonable. I think that is reasonable to expect. Mrs. Gordon: I would expect that... we didn't have it in our budget because we didn't know at that time we could get the insurance. We were really in... Mr. Plummer: Rose, we tried for five years to get it and we couldn't get it. Mrs. Gordon: I know. Well, we do have it now, and we have it with a very fine company, and we are asking now that not only that the premium be taken care of, but that we also be covered for the deductible, because none of us who sit on that board can afford the risk of $100,000 deductible, and that is what we are here to ask you today. So there are two issues now. One, we want your assurance that we are covered, that you are covering us on the deduct- ible, and to me that is probably the most important of those two issues. Whether our board can cover it from the pension funds, or not, I don't know. That is a legal question, as far as I am concerned, whether we can, and... Mrs. Kennedy: Could we ask the City Attorney to respond to it? Mr. Plummer: She and I were just talking the same thing. I served on the board for ten years. Why would this be, Mr. Manager, any different, to cover this under the self insurance program as we are doing the off duty of the policemen? Mr. Odio: No... we can do that. Mr. Plummer: I mean, is there any difference, to your knowledge? 136 July 10, 1986 (Ir. i)aio: {ro, it'.. .—.. a... .41.. Mr. Mielke: No, we can do it that way. I think the only key toit is - as long as we operate within the parameters - understanding since that board is not picked by you, it operates within the parameters of what the ordinance allows them to do. If they go outside of that scope they are on their own. Mr. Plummer: Well, that is up to the City Attorney to draw up the language of what the coverage is, what the extension of what the coverage is, but you know, you are asking, in reality, you are asking us to put up almost $500,000. $500,000 - $116,000 for premium, $100,000 on the deductible, you are talking about two... Mrs. Gordon: You are only covering us if we have any suits filed against us, which we are going to try our best not to be sued. Mr. Plummer: Exactly, but that is what we have got to put in reserve, Rose. Mrs. Gordon: Right. Mr. Plummer: OK, and when you multiply that by two, you are talking about $500,000. Mrs. Gordon: T., would you like to say something? All of us are very con- cerned. I mean, we couldn't get this insurance, and believe me, we didn't want to go to the meeting, even and be present where any actions were taken, for fear that somebody won't like the action and will come back and say, you know, we are going to be suing somebody or other. Mr. Plummer: Well, may I suggest this... Mr. Odio: Well, let's do it under the self'insurance ... Mrs. Gordon: Simon, you want to add smething? Mr. Plummer: May I suggest that we send it to the Manager and the City Attorney, and ask them to come back at the next meeting with something. Mrs. Gordon: J.L., may I tell you something? We already told the insurance company that we wanted to be covered from the day that we sat there and selected money managers, and they agreed to cover us from that day, so we are under an obligation now to proceed or lose that insurance. Once we lose it, we don't know where we are going to get it again. Mrs. Dougherty: We can indemnify them for the $100,000, but they pay the money. They pay the $100,000. We will indemnify them, unless they want to continue it. Mr. Plummer: Yes, but it is not after the fact, because this Commission did not authorize it, so it is not after the fact. Well, let's look at it this way. If in fact, we go to a self insurance program for liability, and all that the insurance company is going to do is just going to cancel you, that is it, and we pick it up. Mrs. Gordon: Well, do you want to go for the whole $5,000,000?... because that what they are getting from them. Mr. Plummer: That's what wee're doing with the Police Department. We are doing that for off duty work right now. Mrs. Dougherty: The point of the matter is we have to sovereign immunity, and they probably do too. That is what we need to look at. Mr. Plummer: Sovereign immunity? Mrs. Dougherty: Sovereign immunity for torts up to so much. We need to look at it. Mr. Plummer: Yes, I am also being told that there is a possibility that you might be covered under immunity from State up to $250,000 max anyhow. 137 July 10, 1986 bY..�k,Sry'7 to ..,ion Ferro: Com-nissioner, n`14 fl:.:t is ui_%1 �tTYO y diL E member (? the board. I understand that the Gate Case mandates, the ordinance mandates that we do acquire fiduciary insurance. The issue here is how do we budget? Mr. Plummer: No, the issue is here, who pays for it? Mr. Ferro: Who pays for it. Mr. Plummer: And there is no mandate in the Gates suit that says the City pays for it. Mr. Ferro: That is correct... well, that is correct as I read the Gates suit. If the City does not pay for it, the Pension Fund will have to pay for it, because it is mandated and as Dean said a while ago, I think, if the fund pays for it, it may very well end up, that the City will in fact, have to cover any funding, any unfunded liability... Mr. Plummer: Not if the funds do well. Mr. Ferro: Pardon? Mr. Plummer: Not if the funds do well. Mr. Ferro: And hopefully the funds will do very well. Mr. Plummer: If you make wise investments. Mr. Ferro: With regards to the deductible, I don't know if at this point, the City has to reserve the $100,000, or just adopt a resolution that at a point time, if in fact, there is ever a lawsuit filed, and the deductible has to be paid, that the City at that time will segregate the funds, or will pay for the deductible... Mr. Plummer: My only problem, sir, OK, is the majority of your board is elected by the employees. They are not appointed. We have no control over who those five, the majority of that board are, and if they make a mistake, and the insurance comes into play, you are asking us to pick up a tab for someone that we had no control over in the beginning. That is my problem. I see nothing wrong with all of the millions of dollars that you have in the fund, that you can't hold in reserve $100,000 of those funds for the deduct— ible. Let that be the guarantee. The till just gets more empty and more empty. Mayor Suarez: Of course, we are basically establishing a policy of indemnifi— cation. We are not really setting aside the money. Mr. Plummer: Yes we are, because they already have taken the policy. Mayor Suarez: No, no, I don't mean for the payment of the premiums. I mean for the indemnification of the deductible. Mrs. Gordon: I am asking simply now. We will go back, I will call a special meeting of the board about the payment of the premium, but I would like an assurance from you that you will cover us on the deductible. Mayor Suarez: Otherwise, I don't see how you can serve... Mrs. Gordon: That is right, we can't. Mr. Plummer: No, I will tell you how it can be done, OK? The way you do it is, Rose, you put a reserve of the pension monies. Mrs. Gordon: Yes, and what is it, J. L.? Mr. Plummer: If they can put a reserve with the pension money. Mayor Suarez: Can the reserve be created from pension monies itself up to the indemnification amount multiplied by... Mr. Plummer: You hold out $100,000 and don't invest it. Mr. Gordon: J.L., would you go this route, will you move... 138 July 10, 1986 Mayor Suarez. ,, �cu,se toiji. vul) eovcrb i. lne perbUI1. Mrs. Gordon:... in principle and then let the Manager work something out with us so we don't have to come back to you? Mrs. Kennedy: Yes, that is a great idea. In fact, let's do that, and I so move to expedite it yes. Mayor Suarez: So moved. Mrs. Gordon: All right, so if the Manager works something out, that would take care of it, OK. Mr. Odio: Unless it is not money. Mayor Suarez: We have a motion to that effect. Mr. Plummer: Second. Mayor Suarez: We have as second. Any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-573 A MOTION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM ROSE GORDON AS MEMBER OF THE GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST BOARD FOR CITY COVERAGE OF THE FIDUCIARY AND FIDELITY INSURANCE REQUIRED UNDER CITY CODE SECTION 40-245; FURTHER DIRECTING THE CITY MANAGER TO CHECK INTO THE POSSIBILITY OF ACCOMPLISHING THIS THROUGH THE CITY SELF INSURANCE PROGRAM AND FURTHER REFERRING TO THE MANAGER DIRECTING HIM TO SIT DOWN AND NEGOTIATE WITH THE ABOVE CITED BOARD IN CONNECTION THEREWITH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mrs. Gordon: Thank you very much for taking us out of turn. Mayor Suarez: Thank you, Commissioner. 53. COCONUT GROVE CHAMBER OF COMMERCE AND COCONUT GROVE JAYCEES TO ADOPT PEACOCK PARK. Mayor Suarez: Item 73, Coconut Grove Chamber. We will go through these as quickly as we possibly can, those of you who have been waiting. Does the City Manager recommend the adoption of Peacock Park by the Coconut Grove Chamber? Does it have any implications, financially, or whatever? Mr. Stuart Sorg: Could we discuss... Mayor Suarez: Well, you can always do it, but it might lose momentum, remem- ber. 139 July 10, 1986 77-.a 5N1 .'7 - .. ''-".N Mr. Odio: If he means that thev are Qoing to pay for the maintenance of the park, and all the expenses that it takes to run that park, :'m.-luding capital improvements - that is what we mean by adopt a park, we want some people to come in, adopt the park, and... Mayor Suarez: OK, this is a modified adopt a park. Mr. Odio: OK, so... Mr. Sorg: What we want to do, Mr. Mayor, is, we want to adopt a position, an advisory board position, where we put together from the community, a group of people representing the Grove to see if we can come up with the funds and the requirements to adopt a park. This has never been done before. We need the opportunity to see if we can put it together. We want to take some formal responsibility as an advisory capacity, and I think there are enough substan- tial people in the Grove, if we can put them together, to come up with whatev- er is necessary. Mayor Suarez: In the meantime, you are proposing adopting a sign, as far as I can tell, that is the extent to which you would... Mr. Sorg: Well, I think there are a lot of things that need to be done in the park. I think that the Chamber needs to begin right now to work with the City Manager and the Commission on how to put the park in proper condition. If we can raise the funding, we are going to do it. Mr. Odio: Fine, that is what we need, we need them to raise the funds so they can adopt the park so that we are relieved of... Mayor Suarez: Well, if all they are asking for is some kind of symbolic help from us in that direction so that it would be easier for you to raise the funds, in some kind of official relationship, I don't... Mr. Odio: Well, what I am saying is, that we don't need symbolic gestures, we need dollars... Mr. Plummer: I gave you an out! Mr. Odio:... to fix the park up, and if they do want to raise funds for it, why don't they do it, and they can adopt the park. I am totally in support of it, but just to put a sign up, saying we adopted this park, no. Mr. Plummer: No, no. I told Stuart last night, don't put the word, "adopt". Say, "Peacock Park is a major project of the Coconut Grove Chamber of Com- merce." Now, that is all they need to put there. That will give the impetus to the people to know that Coconut Grove Chamber is trying to raise the money to do the refunding of parks. Mr. Odio: Let me say why I am saying this. The next thing I know, I will have Coca Cola wanting to adopt Shenandoah, and if they don't bring the dollars, they are adopting any Shenandoah, or at least, I would recommend against it. Mr. Plummer: Coca-Cola is not a civic organization. Mr. Odio: But if a civic organization is going to adopt a park, at least let them take responsibility for something of that park, not just... Mayor Suarez: What you are saying is, a sign is not enough for them to provide even just to have their name saying that they are going to... Mr. Sorg: The sign is immaterial. What is important is we would like to have the opportunity to try to do something to the park. I think there is substan- tial business community in Coconut Grove, and if we can get them to back us, we can sit down with the Manager and the Commission, whatever is necessary, let us have the opportunity to try. Mayor Suarez: You have my vote as a symbolic resolution to that effect. That is not a problem for me. It doesn't really require any Commission action, other than the symbolism behind it. Mr. Sorg: Exactly. 140 July 10, 1986 Mr. Odio: So I mean, let's do more than sy-.�holis gcz,u:�s. Mayor Suarez: We just lost the sign and the property. Mr. Sorg: We will sit down with the City Manager and come up with whatever he wants, see if we can meet his requirements. Mr. Dawkins: Bring some money and sit down with the City Manager. If you bring some money, the City Manager will listen. If you come in with a lot of verbiage, the City Manager doesn't want to listen. Mr. Sorg: We want to do the job that is required, and we want to meet with the City, but we want to be in a representative position to do that official- ly. Mr. Odio: What if the Allapattah community wants. Mayor Suarez: I will move to encourage Coconut Grove Chamber of Commerce to adopt Peacock Park by proposing to us different improvements and coming up with the funding for it. Mrs. Kennedy: I will second it. Mr. Dawkins: It has been moved and seconded. Mr. Sorg: In what capacity do we do this? Do we become the adopting body right now, if we begin to develop the system that the Manager wants? Mayor Suarez: What we are doing at this point is encouraging you to complete the adopt a park program and we are saying that you initiated it symbolically, and when the funds come across, you know, and we know what the programs are that you are going to improve and so on, we will approve all of that too. Mr. Sorg: We have some enterprise funds thoughts that I think we can sit down with the Manager, where there is funding, but we need to be in a position where we can deal with it. Mayor Suarez: Wait, wait. When you say enterprise funds, I hear Commissioner Dawkins complaining. Do you mean of things that would result from use of the park? Mr. Dawkins: You know, when you start talking of enterprise funds, you start talking about the City of Miami losing its control. Mr. Sorg: No, I am not talking about that at all. Mr. Dawkins: OK, well, if you got money, take it to the Manager and tell the Manager this is the money for Peacock Park. You don't need all this verbiage and you don't need a letter from nobody saying that you are going to raise money. Go raise the money and bring it back, Stu! Mr. Sorg: But, Mr. Dawkins, our whole concept is not just raising money, we want to help, whether it is development, the management, anything that comes along. Mr. Dawkins: Well then, all that as a citizen, we accept, we glad to see it. I don't see what brownie points we are going to give you by giving you a letter stating that you are doing it. I don't understand it. Mr. Sorg: Because it is like anything else, we want the official responsibil- ity of the park. Mr. Dawkins: You got itl So take it. Bring the money in and tell me what you want to... bring me the money, and I will give you anything you want. Mr. Sorg: But, we have got to have that motion to do something. Mr. Dawkins: OK, you have got a motion. The question has been called. Do you want to speak to the point? Mr. Carlos Chialastri: Yes. 141 July 10, 1986 Mr. Dawkins: Go right ahead, sir. Mr. Chialastri: Sir, my name is Carlos Chialastri, I am president of the Coconut Grove Jaycees, and we, on behalf of the Coconut Grove Jaycees, we also like the Commission's consideration in this program. We think... we are a very large chapter with 640 members strong, and we uphold our survey this year in our planning session, we wanted to try to improve the park as our major goal this year. Our service area is the Coconut Grove and we would like to make sure that those improvements are done, because we do hold a lot of activities there during the year, and we feel that we have the organization and the manpower to do these kinds of projects that need to be done. We just like your consideration also. Mr. Dawkins: All right, weren't you here when I was arguing for the better- ment of all parks? Mr. Chialastri: That is right. Mr. Dawkins: OK, all I am saying to you is, we welcome the opportunity for you and Stu to do something in the park, but if I sit here and give you a letter saying you are going to do this, I still have got to come up with tax dollars to run the park, so if you are really and truly interested in doing something in this park, go raise the money and come back and say, "I've got "x" dollars in the park, what is that we can do to enhance the park," then you have got mel But, I mean, all this verbiage about a letter, and patting somebody on the back, you know? Mr. Chialastri: No, we don't ask for nothing like that, we just want to... we have a plan already, in fact, it is our goal of the Coconut Grove Jaycees to make improvements to peacock Park. Mr. Dawkins: That is all you need, right? Mr. Sorg: What we are looking at Commissioner, we want to begin to turn the major businesses in the community on a formal basis.... Mr. Dawkins: And you want the City of Miami to give you a letter that you can go in and brow beat the people with and say that you represent the City of Miami. We are not going to give you that. Mr. Sorg: No, we don't want to represent the City of Miami. We strictly want to be an organization... Mr. Dawkins: Well, you are already that! Mr. Sorg: I know that, but we want this to be a major, formal project which the City is behind. Mr. Dawkins: It is already that. It is already that. Mr. Sorg: But, we don't have the support of the City. Mr. Dawkins: You don't have no money! Mr. Sorg: Well, we can't raise any money until we get some direction from the City. Mr. Chialastri: Mr. Dawkins, with... Mr. Dawkins: Yes, sir, go right ahead, sir. Mr. Chialastri: We just came back from our planning session, and we are ready to make a proposal as a project - proposals that are to do fundraisers and the use of the park so we can improve. We have already looked at the lighting and benches... Mr. Dawkins: There you are. Well then, bring in the proposal, then. Mayor Suarez: Yes, we have reduced it to its elements now, but the motion to encourage you to do this, if it helps you, we can still take a vote on that. 142 July 10, 1986 Mr. Sorg: I'd like to do that, to create an advisory board from the Chamber now, to get Mr. Dawkins: No, no, no, no. See, there you go. We don't need no more boardsl Mr. Sorg: Well, we need something like that to have the board act on it. Mr. Dawkins: This gentlemen here just... will you tell them again how the Jaycees structured, raising money to do something in the park? Listen close- ly, sirl Mr. Chialastri: OK, we had a planning session, and we proposed through our different vice-presidents, what projects to raise funds. Not only do we have a 640 man and woman chapter than can mobilize people to raise funds, to secure corporate sponsorships, to... we just have the ability and the manpower. Last year alone, we ran over... took several projects over $100,000 of charities alone, and we have the manpower and we would like the opportunity to that, and by the fact that we polled a survey of all of our membership and we did recognize... Coconut Grove is our service area. We recognize that that park needs to be improved and we want to take it upon us. Mr. Sorg: Wait a minute, Commissioner, this is a Chamber of Commerce issue. We are before the Commission. They are sitting on our motion, that is fine, but we have the glass house, that is where we operate from, and we are a formal based organization, it has a place to build a... the Commission to build an advisory board situation. Now, we want to take the park on. They can work with us. Mr. Dawkins: No, no, let me tell you... I am going to tell you what my vote is, OK? I am not about, my vote, to give you no dictatorial authority where you decide who can raise money for the park. Now, they say they are going to help, and if you are willing to help, you are willing to help. If you don't, then just back out and say let them do it. Now, that is my vote, OK? But, I am not going to let you come up here and tell me that you don't want to work with him unless I give you an exclusive right that you can run... Mr. Sorg: I am not saying that. I am not saying that. Mayor Suarez: Let me redo my motion, which was seconded, to say that both of these organizations will be encouraged to adopt the park and provide the funds and the programs and work with the City Manager to implement it. Mr. Dawkins: Will the seconder accept that? Who seconded it? Mrs. Kennedy: I did. Mr. Dawkins: Will you accept that, Madam Commissioner? Mrs. Kennedy: Yes, sir. Mr. Dawkins: All right, any further discussion? Hearing none, call the roll, Madam Clerk. The following motion was introduced by Mayor Suarez, who moved its adoption: MOTION NO. 86-574 A MOTION OF THE CITY COMMISSION ENCOURAGING THE COCONUT GROVE CHAMBER OF COMMERCE AND THE COCONUT GROVE JAYCEES TO ADOPT PEACOCK PARK UNDER THE "ADOPT A PARK PROGRAM"; FURTHER ENCOURAGING THEM TO COME UP WITH THE NECESSARY DOLLARS TO EFFECT IMPROVEMENTS TO SAID PARK. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote- 143 July 10, 1986 0 0 AYES: Commissioner Joe Carollo # Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Milier J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. • NOTE: Although absent at roll call, Commissioner Carollo later asked of the Clerk to be shown as voting with the motion. Mayor Suarez: Thank you, Carlos; thank you, Stuart. 54. DISCUSSION BY PAT KELLER OF ALLAPATTAH COMMUNITY ASSOCIATION re EXPENDI- TURES OF CITY FUNDS. Mayor Suarez: Item 74. Ms. Pat Keller: Good afternoon, I am Pat Keller, president of the Allapattah Community Association. I have a twofold purpose this afternoon, and I will give you a brief history before I get to my two purposes. Starting eight years ago as you know, Northwestern Meats attempted to rezone the north side of 23rd Street from residential to the most liberal commercial zoning. This, as you know, had far reaching results and it was felt for many, many years. We are still feeling it. They encountered tremendous opposition as you know, and we received support from the two major newspapers in the community, with more editorials on this issue than most any other issue I have ever seen. The people in the area and the civic organizations were opposed to this rezoning attempt. The Allapattah Community Association was in the forefront. The City of Miami Planning Board, as you know, also opposed this rezoning attempt, stating that the rezoning would have a domino effect. Naturally, they pointed out that the commercialism would logically gravitate in the next commercial street, so you would... Mayor Suarez: Are you talking about Northwestern Meat Packing Company? Ms. Keller: Yes. Mayor Suarez: Is there any need to tell us that whole story? I think we are all pretty familiar with it. Ms. Keller: Are you familiar with it? You know, I am, but I realize that... OK, you don't want to go into any more of the history? Are you all familiar with it? Mrs. Kennedy, are you familiar with this history of 23rd Street? OK, we will get down to... Mr. Carollo: Pat, I would go over it, because you know, we have a couple of new members. They may not be as familiar with it. I would go over it so they would be familiarized with it. Ms. Keller: All right, at any rate, what would occur here is the commercial- ism would gravitate, according to planners, from N.W. 23rd Street to N.W. 29th Street, and then from 17th Avenue to 27th Avenue, and with the result of an estimated 2,500 people being negatively affected, and Posing their homes, very possibly. The heart of Allapattah is in that area. The older homes, the churches, Comstock School, Greater Miami Academy, many old institutions of Allapattah are located there. In other words, it was the heart of that modest community. It is not Bay Heights, but it is our Allapattah. I am not sure we have recovered from the effects of all this. The past City Commission, as you know, decided to rezone the area. We have in our files tearful letters from people telling of their decision to leave Allapattah. It meant that they had to leave friends and home and many of them did. They decided they could not live beside the meat packing plant. Homes were sold at lower prices as a result. Long time residents and the newer residents fled. They knew the impact would be too great in this older unique area torn asunder to make way 144 July 10, 1986 for the meat packing plant. The Allapattah Community Association was born of a government Prnnt. Its purpose wes to AlIrr,*`ah t^c,n`hcr ors the meat packing problem. We rose up in righteous indignation in opposition to it. Mayor Suarez: Just in general terms, what are you going to be asking the Commission? - just so we have an idea where you are headed with this. Ms. Keller: Have you got sufficient history, then? Rosario, do you feel like you have got sufficient history now on the impact on the community? - because you are the only one that is fairly new to this. All right, keep in mind that most of our lawyer's services, Xavier, were donated to us. We have contribut- ed not very much money in effect, because we went broke on this Mayor Suarez: You had a long and difficult battle, and you had to fund it yourself, but what are you asking the Commission? Ms. Keller: Thank you very much. Between $3,000 and $3,500. The bills have been submitted to Mr. Odio and to you, and they have been... we attest to the fact that these bills were incurred as a result of our hiring a lawyer, court fees, and the like. Mayor Suarez: Is there any precedent for the Commission paying a community group that opposed action which may have been wrong, but it was the Commission action at the time. Ms. Keller: Xavier, I am not sure there was ever such a case of this nature. It has been... Mayor Suarez: Oh, yes, there have been quite a few civic organizations, community groups, sure - Tigertail, Save Brickell Avenue, and others. Ms. Keller: Yes, but I mean, we were probably one of the very first of this nature. I should say that we were probably one of the very first, and we have set precedence for this type of thing. Now, as you know... Rosario, you might not be familiar, but the courts did adjudicate, that the City Commission of that time was incorrect, and they did not act for the good and the welfare of the community. Now, as I say, we went broke on this particular situation and we are asking a very modest fee, between $3,000 and $3,500, and we have sent.** Mayor Suarez: Who is the money owed to? Ms. Keller: It was owed to our lawyer a the time, and Mr. Odio has the record. No, we have already paid. We paid. Mayor Suarez: Oh, you went broke. You mean the individuals in question had to pay the money and you are out of pocket those amounts? Ms. Keller: When I say we went broke, we went down to a very few hundred dollars. We paid these fees. As the Allapattah Community Association re- ceived contributions and we paid these fees... actually there are only about $1,500, but over the years the interest has accrued, so we have the cancelled checks and we did pay for these fees, and other organizations took over and then we received donated services from lawyers who took over on the appeals and they took over in the resulting case before the Code Enforcement Board, so the fees are very modest, and you have the cancelled checks in hand. Mr. Odio, you have the cancelled checks and Mrs. Dougherty has the cancelled checks, showing the monies that we expended, and for what purpose. I have a second purpose and then if you would address it, I would appreciate it. The matter was brought before the Code Enforcement Board of the City of Miami because the law was not enforced, and here we continued to have a situation where the commercialism continued. The meat packing establishment continued operating as a meat packing establishment in the area where they had been told that they were to get out of, and they were told that this was a residential area and they were not allowed to function as commercial, yet they continued to do so. We then brought this matter before the Code Enforcement Board of the City of Miami, and we found that Mr. Cobo, who was part of the Code Enforcement Board, fought this matter, and refused to hear the case for two full years. This... 145 July 10, 1986 Mayor Suarez: But, beyond all of that, and more recently, we acted at the Commission, did we not, on that violation? - and we filed snd -hat was the result of that? Ms. Keller: We filed suit. Mrs. Dougherty: The violation ceased Mayor Suarez: Right, so no, we the Commission filed suit. We authorized that under... Ms. Keller: Oh, yes, I am sorry. Yes, you did, too. Mayor Suarez: Mine and Commissioner Kennedy's, and the rest of the Commis- sion's administration, so we are that much up on your matter. Ms. Keller: Yes, I am sorry, you did, Yes, and the commercialization has ceased and I must say so, it is so elegant. Mayor Suarez: It tends to happen a lot when you file suit. People seize their violations, yes. Ms. Keller: It does kind of help I notice, yeah. I have a second purpose. The first one is to get our very modest fees with cancelled cheeks that you have in hand. The second is, we are going to ask for the resignation of Mr. Frank Cobo. We found that he fought us every step of the way, and I think his... Mayor Suarez: Maybe he disagreed with you. Ms. Keller: Whether he did or he didn't, I am sure you will agree, Xavier, that he has a moral and a legal obligation, as a member of that Board to hear the case in hand. Now, if he choose to disagree then he had a right to express that disagreement. He did not have a right to block the hearing of this case, and with that thought in mind, we would ask that you address the behavior of Mr. Cobo, who did not act for the good and the welfare of the community He did not act in accordance with the law, inasmuch as he refused to hear the case and he blocked the hearing in this. Mayor Suarez: Was he acting as chairman of the Code Enforcement Board? Ms. Keller: In some cases, yes. He was actually not chairman; however, in some situations the chairman was not there, vacation, or whatever, and he was acting chairman, yes. So, are my points clear? I would ask that a very modest sum... you have the cancelled checks in hand, which amount to between $3,000 and... Mr. Carollo: Cancelled checks? Ms. Keller: Yes, we paid the lawyers to appear... Mr. Carollo: Oh, I get it. I thought you were talking about some other problems. Ms. Keller: No, and we hired a bus, because the hearing which was held before City Commission was held at 2:00 o'clock in the morning, so we had to hire a bus for $60 to bring the people here, having to do with this matter, the rezoning of 23rd Street, so as I say, the sum is very modest, but believe you me, it isn't so modest to us. Mayor Suarez: Thank you for your presentation. If you get the minutes of the meetings of the Code Enforcement Board, I would be happy to look at them and see about the behavior or comments of any individual member. Ms. Keller: Yes, I would ask that you would... Mayor Suarez: And I presume the rest of the Commission would like to see them too. Ms. Keller: Yes, I will be happy to show them to you 146 July 10, 1986 0 a Mayor Suarez: Beyond that, I don't think we can promise anything on that other point. On the fees, Corimissi(�::trs, what is youz pleasure? It is going to die for lack of interest. Pat, I don't think we have ever done this on any matter. I think the civic association has to take its lumps and it has gone to court and this case eventually prevailed. It took a little longer than it should have. The Commission now has a different composition, and I don't think these things tend to happen as much as they used to, that is all I can tell you. Ms. Keller: Well, I must tell you, and I will publicly announce it. We will take it to court. It is just a principle, and it seems like it is such a waste of all of our times for such a modest fee. Mayor Suarez: You might set a new precedent. Ms. Keller: I might do it, so I really... Mr. Carollo: I'll tell you, why don't you maybe... maybe you could talk the Mayor into having another exhibition bout, you know, to raise some funds for you. You know, Elizabeth Virrick did. Maybe you could tool Ms. Keller: Well, I am going to say to you, Mr. Carollo, will all the Ameri- can haters please stand up. Mayor Suarez: No, please, let's not get into that. Let's not get into that. Mr. Carollo: Well, you have had... Mayor Suarez: No, no! No, no, please. Mr. Carollo: Let me say this to you... Mr. Plummer: Here we gol Round twol Mr. Carollo:... that I hope you have a very nice day today, and I love Ameri- ca. Thank you. 55. REFER TO CITY MANAGER REQUEST BY RALPH AARON FOR CONTROL LIGHTS IN RESI- DENTIAL AREAS AND ENFORCEMENT OF FIREWORKS LAW. Mayor Suarez: Item 75, Ralph Aaron. We are going to move through these quickly. Mr. Ralph Aaron: My name is Ralph Aaron. I live at 3275 Alamanda Street, here in Coconut Grove, Miami, and two small items I would like to discuss with you, item 75, and the first one pertains to light control in residential neighborhoods with less than five units per lot. Essentially, the fact situation is this. I have some neighbors who live across the road from me, and since I am sitting back over 100 feet from the property line of Alamanda Street, and they are on the other side of it, they have three high beam lights that shine at night, and then again, early in the morning, which casts the light across the street. Mayor Suarez: Mr. City Manager, does that constitute any violation of any City codes, the high beam lights?... because we can refer that, right here at this Commission to the City Manager for action, if there is any violation. Mr. Aaron: Well, sir, let me just tell you the bottom line. The bottom line is that I inquired from the Building and Zoning Department, and I was told by the officials there that there are light controls in residential neighborhoods for five units or more, but not less than, so simply, what I am requesting is that there be some kind of glare control for less than five units to a lot, and frankly... Mayor Suarez: Let me just clarify this - is that a correct statement of the Code? (INAUDIBLE BACKGROUND COMMENTS) 147 July 10, 1986 11 Mayor Suarez: No controls at all for any less than five units? Quite inter- esting. Mr. Aaron: Sir, may I continue? It is very, very short, and I will end this at this particular point. I took it upon myself, that being the case, since I happened to be over at the City Hall in Coral Gables on another matter, to buy a copy of their lighting control ordinance. It is a very short thing, and it says, "Every use except traffic control and traffic safety lighting shall be so operated as to prevent the emission of 'discomfort glare', as defined in the Illuminating Engineering Society Lighting Handbook, third edition, to any point other than on the property on which the use is located. Lighting shall be deflected, shaded, or focused away from all adjoining property, and/or right-of-way." It is very simple. That is what I am requesting. Mayor Suarez: I'll entertain a motion from this Commission to refer that to the City Manager for consideration of whether we should have a similar ordi- nance. Mrs. Kennedy: So moved. Mr. Aaron: Thank you. Mr. Plummer: Second. Mayor Suarez: Any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-575 A MOTION REFERRING TO THE CITY MANAGER REQUEST RECEIVED FROM MR. RALPH AARON IN CONNECTION WITH (a) ADOPTION OF NEW LEGISLATION TO CONTROL LIGHTS IN RESIDENTIAL AREAS WITH LESS THAN FIVE UNITS PER LOT; AND (b) INCREASED ENFORCEMENT AUTHORITY OF FIREMEN IN MATTERS PERTAINING TO FIREWORKS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Joe Carollo Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Aaron: Thank you. Item number 2 in my little agenda pertains to this item. This little thing here is called a bottle rocket, and it is illegal in the City of Miami, and I guess they put them in bottles and light them and there is a large head on it which explodes and send this thing way up into the air. Mayor Suarez: Did this take place July 4th? Mr. Aaron: No, sir, it happened... Mayor Suarez: Because that went on all over the City, the County, Miami Beach, everywhere. Mr. Aaron: This is any time other than July 4th. We are talking about some teenagers down over here around Virginia and right, actually within a stone's throw of the fire station, for letting these things off every night. Now, I pick these things up every morning, OK, and I when I go over to the Fire Station 8, they just say, "Keep them to support your case." What disturbs me about them besides the fact that they are illegal, is that when they land on my... they make a big noise, and that does offend my neighbors and myself in 148 July 10, 1986 the evening, but what does really concern me is when they alight on your roof, and since several of our homes in that neighborhood beyond to an earlier era, and I live in a wooden clapboard frame house, we do not have insurance. I can't get insurance, and if I can get it, it is always under -insurance, so I could conceivably have a fire, because it says right on here, caution, flamma- blel Mayor Suarez: I don't think anyone on this Commission disagrees. What you want us to do is investigate and see what can be done about it? Mr. Aaron: I would like to have some kind of power given to the firemen, because I have had the... and I want to specify his name, I have had the ongoing cooperation of Captain Bob Raffa from Fire Station 8, and he encour- aged me to come forward to you with the point that wouldn't it be nice if other than the fire investigating unit, which has arrest powers and the Miami Police, whom I have called and who don't come out, and who Captain Raffa has called, and they don't come out, because it is a minor item, really, relative to some of the things that are happening around town, that the legislation be enforced, and if the firemen has some kind of citation powers, or arrest powers. I guarantee you that these teenagers would stop That is my request. Mr. Odio: What about the Police Department, though? Mr. Plummer: He said they won't come out! Mr. Aaron: They won't come out. If they won't come out for me, and they won't come out for the firemen, then... Mr. Odio: Do you know where they are coming from? Mr. Aaron: Yes, the Safari Apartments. The teenagers are from the Safari Apartments. Mr. Odio: I will have the Police Department come and see. Mr. Aaron: Well, can we go a little further than that, because, isn't there some way to give the firemen some kind of power? I mean, they can't do anything now. They can go out there and say to the kids, "Look, don't do it," and they can confiscate it. The kids can be out there the next night doing it, and it goes on and on and I talked to other officers. Mayor Suarez: Presumably if it is a violation of the code, does it carry some kind of a penalty, do you know, Madam City Attorney? Mrs. Dougherty: Yes, it carries a penalty, but to answer his question, in order to have firemen with police or arrest powers, they must go to the same school as police officers do, and get the same certification. Mayor Suarez: They have also resisted it by the way, over the years, from what I have been able to ascertain, because I have always thought it is a good idea to have firefighters to have arresting powers when they are out there. Mr. Aaron: May I make one suggestion? This Fire Investigation Unit, the court... Mayor Suarez: But your problem can probably resolved in some other way, you know, I mean, there is no reason why the police officers shouldn't be going over there, and if you have got the ready number of the City Manager's office and call over there and say... Mr. Aaron: But, the issue, sir, is this... Mayor Suarez: People identify them and they can be arrested right then and there, or you call Commissioner Plummer, he will be there even quicker than... Mr. Aaron: Yes, but, you know, that makes for grand humor', but... Mayor Suarez: No, that is not humor, he will be there very quickly! Mr. Aaron: Well, he might be somewhere else. The point really is, if by some technical device, the fire investigation squad could somehow... any fireman in 149 July 10, 1986 **i- C;}t. of Miami could somehow be given some kind of titular membership within the fire investigation squad, which has arrests powers, then all of a sudden it would stop, as opposed to some haughty unmanageable teenagers listen to Captain Raf.fs say, "Don't do it," and they are out there the next night doing it. Mayor Suarez: What about that possibility, Mr. City Manager? Would you consider that? - extending any powers that the fire investigation unit squad may have to other firefighters? Mr. Odio: I have to check that. I don't know if we can do that or not. Mayor Suarez: I am not going to tell you that we are going to have a consen- sus of this Commission at this point on that particular issue, but we will do the same thing as we did on the other item. It really... I think what you are saying makes a lot of sense. Mr. Aaron: Thank you, because I certainly wouldn't like to have a fire, and secondly, I really have been trying for the 20 years I've lived in the house to get fire insurance, and I can only get fire insured up to 20 percent of its replacement value, and that puts me in a very. Mayor Suarez: If you have a wooden house that's particularly... Mr. Aaron: That is right! A very vulnerable position, and when you have got legislation on the books, and it can't be enforced, and I do understand that a very serious accident at 27th Avenue and U.S. 1 certainly takes priority over some kids firing bottle rockets, but the point is, it's every night, it is all over, not my property, but everybody else's, my neighbor's property, and it does have the potential for a serious happening. Mayor Suarez: I know that the situation on July 4th was really amazing. Mr. Aaron: That I don't complain about. I am complaining about the rest of the time. Mayor Suarez: I know that they try to overlook things on July 4th, but the dangers on Miami Beach were incredible out there, and quite a few people did get burnt, because they were just firing off in every direction and they were a lot bigger than the one showed us. We will work with you and the Chief is here, and the City Manager has expressed... I think at this Commission, there is no need to have a motion on it. Mr. Odio: If he tells us where they are firing the thing from, they will go and get them tonight. Mayor Suarez: Do you think they will be out there tonight? They are here about... Mr. Aaron: Sir, I can't' guarantee what nights they are... Mayor Suarez: They will hear about the Commission session... Mr. Odio: Well, in the middle of Mayor Suarez: Well, you did the right thing coming to us, when no one else is responding. Really, the police should be responding to that kind of situa- tion. Mr. Aaron: Well, sir, they are not, I just thought that... Mayor Suarez: It is a violation of the law. Mr. Aaron: The best alternative would be to give some muscle to the firemen who are willing to come up, like Captain Raffa. Mayor Suarez: We are going to look at that too. At least I am interested in that. Mr. Aaron: OK, thank you for your time, gentlemen. 150 July 10, 1986 56. REFER TO CITY MANAGER FUNDING REQUEST FROM MISS MIAMI SCHOLARSHIP PAG- EANT. Mayor Suarez: Item 76, Miss Miami Scholarship Pageant. Mr. Jack Lewin: My name is Jack Lewin, 5700 N.W. 186th Street. I am the president of Miss Miami Pageant. I circulated a letter and a budget to each one of the Commissioners. You hear before you, this is the 40th year of this particular pageant, and for the last four years, it has been run by a nonprof- it corporation, and in order to be able to compete with other cities of our particular size, we have to be able to offer scholarships, which the Miss America Pageant is one of the largest scholarship programs in the world for woman. Miss Miami, because of the title, does represent the City, not offi- cially, but as a good will ambassador. In fact, the current Miss Miami right now is in Jacksonville on a two week tour with the U.S.O., touring the bases, and she will be announced as Miss Miami, and of course, that means the 6,000 Air men, or Navy people will realize just what is represented by Miami, such an intelligent and talented young lady. This is the first time we have come before you for a request for funding. In order to give the status to Miss Miami, as well as to help produce a pageant that the City would be proud of, we are asking that you help fund. In fact, today we have one of our young ladies who was Miss Miami 1985, Yleem de Sarmiento. In fact, she is one of the appointees to your new Youth Advisory Board, and as you can see, the caliber of person who is represented by a Miss Miami, so I would like to request that you help us fund our particular pageant for this particular year, which will be in November 15th, at the Gusman Cultural Center. We are re- questing $20,000. Mayor Suarez: State your name and address. Miss Yleem de Sarmiento: My name is Yleem de Sarmiento. I am Miss Miami 1985. I am going to make my comments very brief. I just wanted to make some clarifications as to the Miss Miami Pageant. We are a scholarship pageant. The money that is being requested is strictly to go to the pageant. It is not for profit purposes. It is for having the ability to provide bigger and better scholarships for the young girl, young lady that wins the title. Through the Miss Miami Scholarship Pageant, I was able to receive a four year full tuition scholarship at St. Thomas University, which is an opportunity that not too many other pageants can say that they offer. Also, the opportu- nity that I had many doors open to me and the ability to meet individuals from all walks of life, or international, as national locally, and with represent- ing the City of Miami in every way. I, as Miss Miami 1985 and the young lady that wins Miss Miami each and every year represents the people, the culture, the ideas, the leaders, everything that is beautiful about the City of Miami, and that is exactly what we portray everywhere we go. We are not just a beauty pageant. We are 50 percent talent, 25 percent interviewing. Only after those two categories are heavily weighed, do they consider the beauty portion of it. Mayor Suarez: Did the City Manager considered this request for this pageant or... Mr. Odio: How can I say... Mr. Plummer: Mr. Mayor, I think in all fairness, I think we need to do with this as we have in the past with the others, and that is, we send it to the Manager try to find funding. If he can, he comes back. Mr. Odio: That is a tough negotiation. Mr. Carollo: You know, it is funny. The answer he gave now is the same answer he gave you every week when we had the Miss Universe Contest, the Miss U.S.A. Pageant, the Miss Teen Pageant. I am glad he don't change. Mr. Lewin: Excuse me, not to bring forward something that came up before - one of the reasons that we came before you today, and because we realize that we are a non profit corporation, we are not the City, but we do represent the only pageant that can use the name Miss Miami. Miss Miami throughout the 151 July 10, 1986 )ears, nas not only represe,Lt.0 Lhe Cicy locally, but also in international sister city programs, when the City of Miami had their own publicity and tourism department, and because of some other pageants that I have seen and there is some funding is brought forward, that have their own special inter- ests, we thought that possibly you might be able to help something that is positive and strictly going for the City of Miami. Mr. Plummer: I make a motion that the matter be sent to the Manager to investigate and report back to the Commission. Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Mr. Odio: What should I investigate, sir? Mr. Plummer: Whether or not you can find the money. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-576 A MOTION REFERRING TO THE CITY MANAGER A FUNDING REQUEST RECEIVED FROM REPRESENTATIVES OF MISS MIAMI SCHOLARSHIP PAGEANT INC.; FURTHER DIRECTING THE MANAGER TO TRY TO IDENTIFY A SOURCE OF FUNDING AND, IF SO FOUND, TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins Mayor Suarez: Thank you, Mr. Lewin. Mr. Lewin: Thank you very much. Miss de Sarmiento: Thank you. Mayor Suarez: Miss Miami. 57. REFER TO CITY MANAGER REQUEST FOR FUNDS FROM METRO-MIAMI ACTION PLAN FOR THEIR CONFERENCE. Mayor Suarez: Item 77. Larry. Mr. Odio: This is a request from Metro Miami Action Plan. Last year we provided $26,450 in support of the annual conference. Mayor Suarez: This is for the annual conference here. Mr. Odio: I want to point out however, this year we have provided full time seven staff people from the City of Miami, at a cost of at least $280,000 Mr. Plummer: I am sure that will be taken into consideration and deducted from the original amount. 152 July 10, 1986 Dr. Larry D. Capp: Good afternoon, I am Dr. Larry Capp, Executive Director of Metre Plan. I hive with Mr. Bob R..iz wh�, is one of the cochair- man of our executive board. We had other co -chairpersons here, but they had to leave. Do you want to say anything right now, Bob? Basically.. Mayor Suarez: Who were the other ones who were here, ones you identified? Dr. Capp: Dr. Marcel Smith was here, who was chairperson of our Criminal Justice Action Committee. As you all know, Metro Miami Action Plan was started in 1983, and this is an organization that is a partnership of three basic groups, a public sector, both elected and appointed officials, the private sector, consisting of... Mr. Plummer: How much do you get from the County? Dr. Capp: Our budget from the County, we have an office budget... Mr. Plummer: No, for this. Mayor Suarez: For the annual conference. Dr. Capp: We have a full time staff person who is paid by the County to operate all special events and work primarily on this conference. The County also pays for all of our office overhead, printing, etc. The proportion that goes to this conference would be approximately $40,000. Mr. Plummer: They are giving you, but no... how much hard cash are they giving you? Dr. Capp: If you are talking in terms of the salary of the staff person? Mr. Plummer: No, no, hard cash, that is what you are asking of us, isn't it? Dr. Capp: Yes. Mr. Odio: Cash like this one. Mr. Plummer: Like green. Dr. Capp: Yes, sir. Mr. Plummer: OK, how much green do they give you for the conference? Dr. Capp: Well, our overall budget doesn't specify that. We have an office budget. The County has seven staff persons... Mr. Plummer: OK, well then, and likewise, the City of Miami's overall seven people representing $280,000 is no different. Dr. Capp: We have an overall... an office budget of approximately $400,000, which is for the staff... Mr. Plummer: And we are giving you $280,000 of that, OK? Dr. Capp: Yes, but all the office expenses, the rental, telephones, furniture etc., are paid for out of the County. Mr. Plummer: I understand. Dr. Capp: It is for both County staff and the loaned executives from the City of Miami, so all of the office overhead is covered by Dade County. In addi- tion to that, there is approximately $2,000,000 that is allocated to various agencies both within the County, and outside of the County. Mr. Plummer: When is this conference proposed? Dr. Capp: It for September 5th and 6th at the Hyatt Regency here in downtown Miami, and it is a working conference. It is a report card session for us, where each year we produce... Mr. Plummer: What are you asking of the City? 153 July 10, 1986 Dr. Capp: We are asking the City to provide us with funding in the amount of S30,000. We did forward to your offices some rnrrPsnondence earlier. Mr. Plummer: Where else are you getting funding from? Dr. Capp: We are getting funding from Dade County, also from... Mr. Plummer: Cash, cash. Dr. Capp: We are getting cash from various corporations through the Greater Miami Chamber of Commerce. We sent out over 100 letters requesting $500 each from various corporations in this area. Mr. Plummer: Any other municipalities? Mr. Capp: Not at this point, no. Mr. Plummer: Mr. Mayor, I make a motion to send this to the Manager to see if he can find the money, keeping in mind the $280,000 donation that we have already made, and also keeping in mind what we have done in the past, that if in fact, there is monies, that they would be matched by Dade County if there is to be any funding from the City. I so move. Mayor Suarez: So moved. Mr. Carollo: Second. Mayor Suarez: Seconded. Any discussion from the Commission? Please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-577 A MOTION REFERRING TO THE CITY MANAGER REQUEST FOR FUNDS RECEIVED FROM THE METRO-MIAMI ACTION PLAN IN CONNECTION WITH THEIR FOURTH ANNUAL CONFERENCE; FURTHER DIRECTING THE MANAGER TO SEE IF MONIES CAN BE IDENTIFIED KEEPING IN MIND THE $280,000 PREVIOUSLY DONATED BY THIS CITY; AND FURTHER STATING THAT IF SAID MONIES ARE FOUND THE CITY'S GRANT WOULD BE CONTINGENT UPON A MATCHING GRANT BEING OBTAINED FROM METROPOLITAN DADE COUNTY. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, Doctor and Bob. 154 July 10, 1986 58. ENCOURAGh STU `,!' SORG TO APPLY TO M1AMI CAP TAL FOR FOR HYDROFOIL. Mayor Suarez: Item 78. Stuart, again. Mr. Plummer: Stuart, you are like Bill Bagg's bond issue, from the ghetto to the bay! Mr. Odio: Are you bringing in hydrofoils? Mr. Stuart Sorg: I'm Stuart Sorg, I am here representing Biscayne Hydrofoil and what we are asking today is some guidance from the City of Miami on making the hydrofoil operational. We have already purchased the boat. It is sitting over at Virginia Key right now. What we are looking for is a funding situa- tion that represents approximately $30,000 to do the cosmetic surgery and another $30,000 probably, between October and January to get it going so that it can be on line at the time of the opening of Bayside. We feel that is going to be one of those media events when it continually runs. It will promote the City, the tourist image. It has been around, that concept has been around for a long time. There are 3,500 hydrofoils around the world. We are getting ready to run three of them in New York City. Miami needs to be the first City in America to have a hydrofoil water borne transportation system. We just need some assistance from the City Commission and some guidance and direction on how to get it going so we can start running it for the winter season beginning in October for six months on a pilot program basis. Once Bayside opens up, it will be running out of Coconut Grove to Bayside to Virginia Key. Mayor Suarez: Is it fully paid now as far as the actual cost of purchasing it? Mr. Sorg: Fully paid for, yes. Mayor Suarez: And the tests reveal that it is operational, and all of that? Mr. Sorg: What we need to do is get the... Mayor Suarez: Seaworthy, whatever. Mr. Sorg: I rode it in the... I was going to bring a video tape, but I thought it would take too much time, but I rode it in January in Salt Lake City. It is going to be the biggest image we have got, and people are going to use it - Calle Oche, Grand Prix, everybody who has called up... Garden Clubs, everybody wants to use the boat. Mayor Suarez: Has the Rouse Company given you an indication that they might want to fund some of the operation costs themselves? Mr. Sorg: We need to run a six months pilot program basis prior to the opening of it, and then... these types of boats are successful every place. For example,... Mayor Suarez: You mean to try to sort of show them the import of it? Mrs. Kennedy: How much money are we talking about, Stuart? Mr. Sorg: We are looking to $30,000 initially to get the boat fixed and ready to go, so it is beautiful, and it is going to be a tremendous image and get it going between now and the first of October. Mrs. Kennedy: And how much do you want the City to give you? Mr. Sorg: $60,000 all told, that will run it. Then we can go and raise additional funding if we need. We need to get the boat up and operational now, so we can raise additional funding to do what we need to with it. Mr. Plummer: Well, as I suggested to you last night, I still suggest to you today, and that is that you make application to Miami Capital for a loan. It is a regular business deal and that I would ask the Manager to inform Miami Capital that this Commission would like to expedite... 155 July 10, 1986 a 0 Mr. Carollo: Who is in charge of Miami Capital, now? Mr. Plummer: Juan Del Cerro. Mr. Carollo: No, but who, the executive director, or something or other? Mr. Plummer: He came and presented himself yesterday to me, and I didn't... Mr. Carollo: What is name? Mr. Plummer: Joe, I forgot his name. Mr. Carollo: Cesar, do you know the name, or...? Mr. Odio: No, I don't know. I never met him. Mr. Plummer: I've got his card in my office. He is the Executive Director. Mr. Odio: His name is Carlos Perez -Cisneros, but I have not met with him. I don't know him. Mr. Plummer: He came to my office yesterday. Mr. Carollo: Yes, nice guy. Mr. Sorg: Let me just make a statement, if I may, Commissioner. Sea World has two hydrofoils, two twenty-two passenger hydrofoils. and talking with them on the phone the other day, we are programing 500 riders a day, to 600. Sea World, on good days, rides 3,500 people a day, and on bad days, 2,000 people. It is the biggest tourist attraction they have got, and they only run it five months out of the year, so what we are doing is, we are sitting on something that can be used on every type of media event... all the promotions that we do, to me it would be like Disney World down here, that we need on the bay. Mr. Plummer: Well, I would recommend, once again, Stuart, that an application be made with the Manager, urging the expedition of the approval, if it is to be approved from Miami Capital. They can charge you as little as three percent interest, and I think their money is available, and take it from there. Mayor Suarez: So moved? Mrs. Kennedy: Seconded. Mayor Suarez: Seconded. Mr. Sorg: Commissioner, would you work with us on this? Mr. Plummer: I will be happy to personally call Juan Del Cerro in the morning and ask him to expedite it, yes. Mr. Sorg: I appreciate it. Mr. Plummer: Sure. Mayor Suarez: Moved and ,seconded. Any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-578 A MOTION OF THE CITY COMMISSION ENCOURAGING MR. STUART SORG TO APPLY TO MIAMI CAPITAL FOR A LOW INTEREST LOAN IN CONNECTION WITH THE PROPOSED HYDROFOIL SERVICE PROJECT; FURTHER URGING MIAMI CAPITAL TO APPROVE SAID LOAN. 156 July 10, 1986 a a Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. Mayor Suarez: Thank you, Stu. 59. DIRECTING TO PREPARE DOCUMENTS FOR AFFORDABLE HOUSING DEVELOPMENT VENTURE IN THE KING HEIGHTS REDEVELOPMENT AREA. Mayor Suarez: Item 79. Mr. Dawkins: Mr. Mayor, can I get the Administration to explain this to me before I get into this, please? Would you have the Administration explain what this is, please? Mayor Suarez: Do you know anything about the proposal, Urban League? Mr. Dawkins: Somebody over there. Mayor Suarez: Jerry? Mr. Jerry Gereaux: What the Urban League is proposing, is to develop in an area which we call the King Heights Redevelopment area, in the Model City area, that is what we call it in planning terms what a lot of people in the community call it "Germ City" because of the conditions that exist there. Normally when they say Germ City, everybody knows where I am talking about - said area bounded between N.W. 62nd Street on the north, 58th on south, 12th Avenue on the east and 17th Avenue on the west. About five years ago, maybe six years ago now, the City acquired a 1.2 acre piece of property up in that neighborhood that at that time, had a bunch of abandoned apartment houses on it. It was acquired both to rid the neighborhood of the negative influence of those units, but also, with the idea in mind, that at some point in time when market conditions improved, of building housing, lower density housing, then existed there before, market conditions permitting. What the Urban League is proposing, is to build 30 units of townhouses, two story townhouses on the site, the townhouses would be affordable to people in the low income category. Urban league is proposing to finance the development with the proceeds of tax exempt mortgage revenue bonds issued by the Dade County H.F.A., with a soft second mortgage provided by the Dade County surtax program. Mayor Suarez: These townhouses to be purchased, home ownership? Mr. Gereaux: There are to be rental townhouses. At this point, Urban League, and I also feel that home ownership housing on that site might not be market- able to the people because of other conditions that exist in the neighborhood. Urban League is requesting that the City, as part of -the nonprofit, public, private joint venture donate the site to the Urban League for the project, and this is one aspect of the project that would reduce that affordability gap, and make it possible to have the bottom line on the operating pro forma black, and still make the unit rent affordable to people in the low income category. Mayor Suarez: Have you considered cooperatives as a mode of ownership as opposed to simple ownership by the Urban League when they are finally occu- pied? Have you ruled that out as a possibility? Mr. Gereaux: No, we have not. Mayor Suarez: Do you want to make an additional presentation, Tal? 157 July 10, 1986 Mr. T. Willard Fair: I think Jerry has clearly laid out the specifics for the project. What we are attempting to do is part of the total effort of our commitment to make the quality of life better for those who 1 -P it Germ City. As you may recall, for the last three months we have worked very closely with the City of Miami Police Department in reference to drug trafficking that occurred in that community, and based on our aggression, things have occurred and things are beginning to change in that area. We have a commitment to make sure that those things stay changed, and part of that is to begin to deal with the issue of density in that area. It is our intent, therefore, to begin to make a more tangible contribution toward that end. That tangible contribution would be the creation and construction of those 30 units of housing, the tenants to come from Germ City, for we want to concentrate on making life better for those who live there. More specifically, we want to focus on female heads of households who live in Germ City, so we think it is a project that makes sense. We have discussed the total project with others who would have to part of this partnership. We have been able to convince the Babcock Construction Company to be the general contractor in this effort if we are able to go forward and we have been able to convince Fine, Jacobson and others law firm to do the legal counsel work on this project, and we said to them that we are attempting to develop a unique private/public venture, and based on that, suggested and they have reacted accordingly, that they reduced their normal fees. We've even gone so far as to begin to talk to the banks about the feasibility of the project as it relates to their purchasing the bonds, and based on conversations that were generated by the City Manager and others, we've had very productive conversations and I am glad to say we have already in place a bank that is committed to do the necessary financing as it relates to bonds for this issue, so the one piece that we need now to really go forward with a specific proposal to bring back to this Commission is that we need to get the land deeded to us at no cost. Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: Who has title to that land? Mr. Gereaux: The title to the land is vested in Metropolitan Dade County. Mr. Dawkins: Then, Metropolitan Dade County gave the land to Tacolcy, did they not? Mr. Gereaux: That's correct. Mr. Dawkins: So there is nothing that says that we cannot do the same thing with Urban League that we did with Tacolcy, is that right? Mr. Gereaux: That is correct. Mr. Dawkins: What do I have to do to get off square one to insure that Urban League has title to this property? Mr. Gereaux: Mr. Commissioner, I think the action that needs to be taken is a motion by the Commission, approving in principle the project, conditioning the donation of the land, upon assurances from the Urban League that the financing for the project is in place, that commitments have been made. The following step then, when that information is brought back to you would be by resolution to direct Metropolitan Dade County to provide the land to the Urban League in fee simple when those prior conditions I mentioned are met. Mr. Dawkins: Mr. Mayor, I make a motion that the Administration prepare whatever documents are necessary and that these documents state that this is a program similar to the one that we did with Tacolcy and that the land be made available to the Urban League the same way it was made available to Tacolcy. Mayor Suarez: So moved, and it incorporates an approval in principle I think was the idea too, is that correct? Mr. Dawkins: Correct, Mr. Mayor. Mr. Carollo: Second. 158 July 10, 1986 Mayor Suarez: Moved and seconded. Any discussion from the Commission? before calling the roll, I would like, to... I forgot to a::swEr the quest.lcn that I always ask - how high are these units going to be? They are not going to be high rises, I hope? Mr. Gereaux: No, no, certainly not, two story townhouses, Mr. Mayor. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-579 A MOTION DIRECTING THE ADMINISTRATION TO PREPARE WHATEVER DOCUMENTS ARE NECESSARY IN CONNECTION WITH A PUBLIC/PRIVATE AFFORDABLE HOUSING DEVELOPMENT VENTURE IN THE KING HEIGHTS REDEVELOPMENT AREA, PURSUANT TO A PROPOSAL SUBMITTED BY THE URBAN LEAGUE; FURTHER STATING THAT DOCUMENTS PREPARED BY THE LAW DEPARTMENT MUST STATE THAT THIS DEAL SHALL BE SIMILAR TO THE ONE GRANTED TO TACOLCY AND THAT THE LAND IS TO BE GIVEN TO THE URBAN LEAGUE AS WE GAVE TO TACOLCY. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, Tal, Jerry. 60. GRANT $50,000 TO CARIBBEAN CENTRAL AMERICAN ACTION FOR 1986 MIAMI CONFER- ENCE OF THE CARIBBEAN AND THE MARITIME CONFERENCE. Mayor Suarez: Item 80. Peter? You've got to get back to London. Mr. Peter Johnson: My name is Peter Johnson, I am the director of a nonprofit organization located in Washington and in Miami called Caribbean Central American Action. We undertake an international conference here each year, which relates to the Caribbean Basin Initiative, and I am here in support of a request for a grant of $50,000 to underwrite some of the operational costs of that conference. Mrs. Kennedy: Mr. Manager, who runs this operation? Mr. Odio: Who runs the operation? They do. Mrs. Kennedy: Could we have some more backup material? I mean, I am new at this and I don't have any information. Mr. Johnson: I am sorry I missed you. I didn't realize I was coming in today from London, and not yesterday, and we had an appointment, and I apologize for that. The organization is run, in terms of management by myself, with a staff of about 20. It has a board of directors which is chaired by David Rockefellar and includes a number of distinguished business people from South Florida and across the country, as well as board members from each of the countries of Central America and the Caribbean. Mrs. Kennedy: And what do we get for the $50,000? 159 July 10, 1986 Mr. Johnson: You get in Miami and South Florida last year, 29000 leading political and business leaders from across Latin America, Central America and the Caribbean. In fact, the point of my being in Europe and London the last few days was to work out with the British Foreign Ministry and British private sector, a frankly surprisingly substantial delegation of British business leaders under the leadership coming here in November of the British Foreign Secretary. Mayor Suarez: Is this the City Manager's recommendation on the Caribbean Conference? Mr. Odio: I want to answer them a question - the $500000 will cover two conferences, is that clear? Mr. Johnson: $509000 would cover, in addition to the Miami Conference of the Caribbean scheduled for the middle of November, another conference, which will precede that conference by a week, which will focus on... it will be a much smaller event, but will focus on maritime and transportation issues as they affect movement of product to and from the United States to these countries of the Caribbean basin. Mr. Odio: As we finalize negotiations, Mr. Mayor, and Commissioners, with the Inter -American Development Bank, in Washington on Monday or Tuesday, the one thing that had impressed them in the past was the presence of C.C.A. in Miami once a year, the way it was handled, and the same thing happens with the Organization of American States, which is now negotiating with the City to bring their annual conference to Miami in November of next year. I think this is a prestigious conference and I do fully support it. Mr. Plummer: So move it. Mayor Suarez: It has been moved. Mr. Carollo: Second. Mayor Suarez: Seconded. At the risk of losing momentum, you are not going to speak against it, obviously, because I know you are going to.... Mr. Don Benjamin: No, I'd like to say something. Mayor Suarez: Give us your name and... Mr. Benjamin: My name is Donald S. Benjamin. I happen to represent an organization, a minority organization called the Carib -America Enterprises of Miami. I am the executive vice-president. I certainly don't want to speak against any support for C.C.A., but our experience in the past has been a little bit sad in that there have not been a railroad in this conference for minority organizations, and we would hope that if you support this request, that there be some conditional arrangements that would provide for the participation, a real role for our organization or any other kind of organiza- tion. We are concerned with developing trading links between the Black businessmen in South Miami and the Caribbean, and to this end we are working with the City of Miami in the August 16th Miami Design District. There is an exhibition going on and we are involved in that. We are working with the Department of Development, so that we hope that for this next conference, you would require in some form that there be a more substantial roll in this conference for a group like ours, otherwise I support it. Mayor Suarez: Has any provision been made for that?... and again, at the risk of losing your momentum here. Mrs. Kennedy: Well, I think it is important to answer his concerns. Mr. Johnson: I think the comment I would make, Mr. Benjamin, is that this year at the..* as a matter of fact, at the request of the Small Business Administration in Washington, we have accepted from them a grant of some $35,000, which would be evenly split between the American -Hispanic Chamber of Commerce and the Booker T. Washington Foundation, precisely to do what you are reaching for. What we have... Mr. Benjamin: Well, the point is, we are here in Miami, and this is where the conference is being held! 160 July 10, 1986 Mr. Johnson: Let me finish my point. The point I am making is that the Booker T. organization, which is a national minority organization, will reach from it, with Federal funding, to, and very specifically at my request, to the minority organizations, such as the one you have mentioned. I will be happy to... be delighted, as a matter of fact, to fit that in very closely to the extent I can, and I know I can, with what the Booker T. group will be doing with some of that S.B.A. money. Mr. Odio: OK. Mr. Benjamin: Well, we tried it this year, but there is next year coming. Mr. Plummer; Mr. Mayor, my motion is predicated of the $509000 on two confer- ences, if they only hold one, it would of course, only be for half, so it is based on two conferences. Mr. Carollo: Peter, again, if we could discuss briefly what we briefly dis- cussed privately before. In this conference, of course, we don't have to worry about Grenada. It is a free country now, unlike previous years when their government participated. Jamaica now does not have a Marxist government any longer, so that leaves only Nicaragua. There is not going to be any official representation from government of Nicaragua there, correct? Mr. Johnson: No, of course not. We are not interested either politically or economically in working with a Marxist government. I certainly do expect on the other hand that those beleaguered leaders of the private sector which remain in Nicaragua will, I certainly hope would participate in it, but we will do that as a point. Mr. Carollo: I just want to get that on the record. Thank you. Mr. Dawkins: I am for the conference, but I will be voting in the negative, simply because I don't see nothing that the C.B.I. has done with the money. I don't see where any of the developing countries that this money was supposed to help has helped, and I just get tired of us promising these people that we are going to do more wonders and move the world and their condition today is the same as it was the first time we talked about the C.B.I. Now, that has nothing to do with the conference. That is my personal hangup with the C.B.I. Mr. Johnson: Well, Commissioner Dawkins, my appearance isn't to defend the progress or the lack of progress of the C.B.I., but it is an issue close to my heart... Mr. Dawkins: Mine too. Mr. Johnson: ...and I think you are wrong. Mr. Dawkins: OK, look, this is America. That is the beautiful part about America. You are entitled to your opinion, I am entitled to mine. I am not going to attempt to change yours, and I am not going to let you change mine, OK? Mr. Johnson: Why not let me try? Mr. Dawkins: No. Mayor Suarez: That is not a good idea at this point. Any further discussion from the Commission? Call the roll. Mr. Plummer: If there is, I withdraw my vote. 161 July 101 1986 0 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-580 A MOTION GRANTING REQUEST FOR FUNDS RECEIVED FROM PETER JOHNSON (OF CARIBBEAN CENTRAL AMERICAN ACTION) IN CONNECTION WITH (a) THE 1986 MIAMI CONFERENCE ON THE CARIBBEAN AND (b) THE MARITIME CONFERENCE; FURTHER DIRECTING THE MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $509000 IN CONNECTION WITH BOTH EVENTS. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. ON ROLL CALL: For reasons previously stated, I vote no. Mayor Suarez: Thank you, Peter. 61. NAME NORA SWAN TO SERVE UNDER GEORGE DETRIO IN CONNECTION WITH FILM INDUSTRY. Mayor Suarez: Item 82, Nora Swan. Ms. Nora Swan: Yes, my name is Nora Swan, and for the past 15 years, I have been devoted to community involvement, and education. I think that most of you know my background. For the past few years especially, I have been involved with the film industry. The film industry has become very important in Florida. Florida is now the third largest film production state in the country, after Los Angeles and New York, and in order for this to really be accelerated and to grow, we do have to get behind it and do as much as we can to bring in the producers here. I am not here to ask for any money. Mayor Suarez: OK, is it true that you are willing to... you would accept simply being named as special consultant to the City of Miami film office... Mrs. Kennedy: At no salary. Mayor Suarez: At no salary to assist in the development of the film industry? Mrs. Kennedy: I move to appoint to appoint Mrs. Swan to that post. Mr. Plummer: That is under the present person there, which is George Detrio. She would serve under him. Ms. Swan: Right. There is a Miami film office and George Detrio is the coordinator, and I will work with him and do everything that I can. Mrs. Kennedy: I move this appointment. Mayor Suarez: So you are satisfied with that and you are forgetting about the $2,000,000 you were going to ask us for. That is good. Do we have a motion and a second? Mrs. Kennedy: Second? Second? Mr.,Plummer: Yes. 162 July 109 1986 a Mayor Suarez: Moved and seconded. Any further discussion from the Commis- sion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-581 A MOTION NAMING NORA SWAN AS THE CITY OF MIAMI REPRE- SENTATIVE TO SERVE UNDER GEORGE DETRIO IN CONNECTION WITH SERVICES TO BE RENDERED REGARDING THE FILM INDUSTRY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you for serving in this capacity and helping us in the promotion of a very important industry for Miami. 62. APPROVE IN PRINCIPLE CODESIGNATION OF S.W. 28 TERRACE AS "MIDDLE STREET". Mayor Suarez: Item 83, Morris? Mr. Morris C. Proenza: Thank you very much, Mayor and Commissioners. My name is Morris Proenza, Miami High Class of '58. I live at 3851 Stuart Avenue, and I am here on behalf of a group of us that are in a building named Grove Plaza that is located on... well, you can't see it very well in the light, but you may know the area. Mr. Plummer: Tell them it is behind Benson's Gas Station, they will know where it is. Mr. Proenza: As the Commissioner said, it is behind Benson's Gas Station. We are the first kid on the block. We put the building up in pretty good time with your help, and we named it Grove Plaza, and we would like to think we are the beginning of maybe the new face of Coconut Grove in that area, and we had a problem. Right in front of us is our street, which is 28th Terrace. The next photograph shows the back of the building and you see 28th Terrace in your picture. To your left is U.S. 1. We are between 27th Avenue and U.S. 1 and a lot of people have a real difficult time finding us. The reason being, let me show you the next picture - there again is 28th Terrace. That is about half of 28th Terrace. The other half of 28th Terrace is across the highway about one mile down - let me show you that next, somewhere near the Boy's Club. (INAUDIBLE BACKGROUND COMMENTS) Mr. Proenza: Well, you don't see it on that picture. Here we go. You can see 28th Terrace, where we are located now, and all the way across the high- way. If can, I will walk over there and point it out to you. We are over here. That is half of 28th Terrace. The other half is about a mile away, across U.S. 1. People come looking for us, they come on the other aide, to get to U.S. 1, say a few choice words, and say to hell with it, and go some- place else. I think the problem is, is that we tell people we are in Coconut Grove, and they say, "Well if you are in Coconut Grove, you ought to have a name," and we would like to have a name and not with a number, if we can, and 163 July 10, 1986 all we are asking the Commission to do... we don't want to rename the street. We don't want to call it Grove Plaza Boulevard, or..* we are attorneys, we don't want to call it Lawyer's Row, ur PrUE:iz,� ^lass, alth_igh I wouldn't mind that, but we don't want to do that, we simply want to go back to the old name on the original code and codesignate the street, so that it is known as both 28 Terrace, and the original name was Middle Avenue. We would ask for Middle Street, because we run into 27th Avenue, and... Mr. Carollo: So moved, Middle Street. Mr. Proenza: Thank you, sir: Mrs. Kennedy: Second, and under discussion, are there any of the neighbors who are opposed this, are they here? Mr. Proenza: I have talked, I don't know if they are here. I asked for this about a week and one-half ago. I can tell you, honest Indian, I have talked to every neighbor that will talk to me and they are all 150 percent in favor of it. Mayor Suarez: Is there anyone here who wishes to be heard on this item, for or against?... particularly against? Mr. Plummer: Always on a change of name you have to have a public hearing. Mr. Carollo: This is not a change of name, this is a co -designation. Mr. Proenza: Well, this is a codesignation, Commissioner. Mrs. Kennedy: That is what they did to my codesignation of 27th Avenue. Mr. Plummer: I think ... Hey, you know, you run the risk of neighbors we didn't talk to, coming in here and screaming and hollaring, so in two weeks have a public hearing and if there is no... Mayor Suarez: Well, this is not a Spanish name, so I think Pat Keller is not going to come down on this one. Mr. Plummer: Well, I think you ought to have a public hearing, Joe... I... Mr. Proenza: Commissioner, I have talked to everyone - up and down, around... Mr. Plummer: We will do it in two weeks, sir. Mayor Suarez: Madam City Attorney, on a codesignation, do we need to have a public hearing? You always love these last minute legal... Mrs. Dougherty: I know that we always do, but I don't think it is required by the Code. Mayor Suarez: Can we pass it subject to if there is any legal problems then, we will go the full route? She can research it and then... Mr. Carollo: Well, what we could do it is pass it on first reading subject to a public hearing. At the next meeting on the 24th, that will be the second reading. Mr. Plummer: That is fine. Mayor Suarez: Well, assuming that it is legal, certainly that won't be any problem, assuming we don't need a public hearing. If we did, I am not sure... Mrs. Dougherty: There is no two readings. If you want set a public hearing for next week, we will prepare the resolution, or you can pass a resolution today. Mr. Carollo: What we will do is we will approve it today in principle, and then set the public hearing for next meeting of the 24th, and we will finalize it then. Mr. Plummer: That is fine. 164 July 109 1986 Mrs. Dougherty: What time for your public hearing? Mr. Carollo: kry *;•ne w0l bP fine, Mayor Suarez: You don't need to come and make a whole new presentation. Mr. Proenza: OK, I appreciate it. I really appreciate your concern. I have been here most of the day. I really have talked to everyone and everyone would rather be Middle Street than the 28th Terrace, believe me. They have had the same problems I have had, and I am here speaking for them, and I don't... if thought it would accomplish something, I would obviously, and I have to agree you are the Commission and I am just a voter, but honest Indian, everybody wants it. There is no one who is against this, and I don't know why they should be against it. Mayor Suarez: Well, we are proposing to take away your testimony today and accept that so that if there is no one opposing it, we will have nothing to do except vote on it at the next meeting. Mrs. Kennedy: It is just a matter of policy. Maybe nobody speaks on the issue. Mayor Suarez: The alternative is to pass it subject to the legal opinion and that really forces her to do a lot of research on something that maybe we shouldn't have to do that. Mrs. Dougherty: There is no requirement for a public hearing. Mayor Suarez: There is no requirement? Mrs. Dougherty: It is just policy. Mrs. Kennedy: No, but it is a matter of policy. Mr. Proenza: OK. Mr. Odio: Would you let the neighbors speak? Mayor Suarez: Really, there would be no reason for you to come at all in the next hearing, from my perspective, and I gather from the rest of the Commis- sioner's. Mr. Proenza: All right, thank you all very much. I appreciate it. Mayor Suarez: OK, thank you, Morris. That is in the form of a motion? Mrs. Kennedy: It has been moved and seconded. Mayor Suarez: Moved in principle, subject to any comments that may be made at a public hearing held for that purpose on July 24th. Mrs. Dougherty: This hearing will be at 9:05 A.M. on July 24th. Mr. Plummer: From what time? Mrs. Dougherty: 9:05. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-582 A MOTION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM MR. MORRIS C. PROENZA, PRESIDENT OF "GROVE PLAZA" FOR CODESIGNATION OF S.W. 28 TERRACE AS "MIDDLE STREET"; FURTHER STATING THE DATE OF JULY 24TH AS THE DATE FOR A PUBLIC HEARING IN CONNECTION WITH THIS REQUEST. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote- 165 July 10, 1986 AYES: Commissioner Joe Carollo Commissioner t. I• "Iumr-r, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, counselor. 63. APPROVE IN PRINCIPLE CODESIGNATION OF S.W. 4TH AVENUE, FROM S.W. 8TH STREET TO S.W. 2ND STREET AS "JUAN GUALBERTO GOMEZ BOULEVARD" Mayor Suarez: Item 84. Mr. Odio: (Comments in Spanish) Mr. Gilberto Campa Lizama: (Comments in Spanish) Mrs. Kennedy: Mr. Manager, why don't you translate that. Mr. Odio: Yes. (Comments in Spanish) Mayor Suarez: (Comments in Spanish) Mr. Lizama: (As translated by Cesar Odio) My name is Gilberto Campa Lizama, president of the Commission of the Juan Gualberto Gomez, knowing that of all the work you have had today, we won't be here to complicate your situation, asking you for money. Simply, we come here today to get authorization to install within their own resources a statue or bust to remember the memory of the grand patrician, the Cuban patrician, Juan Gualberto Gomez in the park called Jose Marti, simply because he was the right hand of Jose Marti in the process of the Cuban revolution. Equally, we ask you that you authorize us to change the name of the street that goes right across Jose Marti Park, which is a small angle, from 8th Avenue to 8th Street, which is 4th Avenue, to called it the Boulevard of Juan Gualberto Gomez. Mr. Odio: (Comments in Spanish) Mr. Lizama: (As translated by Cesar Odio) 4th Avenue... Mr. Odio: (Comments in Spanish) Mr. Lizama: (As translated by Cesar Odio)... He says it is the 4th Avenue between 8th Avenue and 8th Street. He says it is so. 8th Avenue forms... it comes in and connects with... Mr. Odio: (Comments in Spanish) They want to call it 4th Avenue in front of Jose Marti Park. Mayor Suarez: How many blocks does it constitute? Mr. Odio: I think, from what he is saying, is it goes all the way to 8th Street, you talking about at least five blocks. Mayor Suarez: (Comments in Spanish) Mr. Odio: Six blocks. (Comment in Spanish) Mr. Lizama: (As translated by Cesar Odio) OK, that is where I-95 comes down into... Mayor Suarez: Is he requesting a codesignation? 166 July 10, 1986 Mr. Odio: He is requesting two things. We, you allow him to place a bust of Juan Gualberto Gomez in the park, and also to designate 4th Avenue Juan Gualberto... Mayor Suarez: Is that a codesignation? Can you clarify that for the record? Mr. Odio: (Comments in Spanish) Mr. Lizama: (as translated by Cesar Odio) The simplest way possible to do it. It is a Hispanic neighborhood and there will be no confrontations with other nationalities. Mayor Suarez: I will entertain a motion to approve it in principle and do the same thing as we did with the other, codesignation. Mr. Odio: (Comments in Spanish) Mayor Suarez: Is there any problem at all, Mr. City Manager, with the bust, or the statue, whatever it is? Mr. Odio: Nov none, whatsoever, if we find the right place in the park. The park is big enough. Mayor Suarez: Can that be incorporated into the motion then, that you would work to find the right space in the park for us? Mr. Odio: If you tell me to find a place in the park, there is no problem for that. Mayor Suarez: Is it your consideration as a general matter, it would enhance the park and would not detract from it? Mr. Odio: It will enhance the park. Mayor Suarez: That you would find a spot that would not... Mr. Odio: Yes, sir. Mayor Suarez: I would entertain such a motion, then. You moved it, Commis- sioner? Mr. Carollo: I move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion from the Commis- sion? Mr. Odio: (Comments in Spanish) Mr. Lizama: (Comments in Spanish) Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-583 A MOTION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM DR. GILBERTO CAMPA-LIZAMA FOR INSTALLATION OF A BUST OF JUAN GUALBERTO GOMEZ TO BE PLACED IN JOSE MARTI PARK; FURTHER APPROVING IN PRINCIPLE CODESIGNATION OF 4TH AVENUE RIGHT ACROSS FROM JOSE MARTI PARK BETWEEN S.W. 8TH STREET AND S.W. 2ND STREET AS "JUAN GUALBERTO GOMEZ BOULEVARD"; AND DESIGNATING THE DATE OF JULY 24TH AS THE DATE OF A PUBLIC HEARING IN CONNECTION WITH SAID CODESIGNATION REQUEST. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 167 July 10, 1986 V 0 AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Lizama: (Translated by Cesar Odio) In the name of the political historic presidium, and to church and to , thank you, Mr. Mayor and Commis- sioners, and the others here. Thank you. Mayor Suarez: Thank you. 64. REFER TO CITY MANAGER FUNDING REQUEST FROM CRUISE 'N TRAVEL EN ESPANOL MAGAZINE. Mayor Suarez: Item 84.1. Mr. Plummer: Mr. Mayor, 84.1 is a request for funds for a magazine. I would move at this time that it be sent to the Manager to see what he can work out, if he can come back to the Commission, I move that it be sent to the Manager. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-584 A MOTION REFERRING TO THE CITY MANAGER FUNDING REQUEST RECEIVED FROM "CRUISE 'N TRAVEL -EN ESPANOL MAGAZINE", FURTHER REQUESTING THE 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 65. REQUEST NEGOTIATIONS WITH METRO DADE COUNTY FOR PLACEMENT OF SEAPORT BRIDGE EASEMENT RIGHTS TO BE REOPENED. Mayor Suarez: Item 85 really has been discussed at length. The whole issue of the County fees that they are charging us, I don't know that we accomplish anything by discussing it any further at this point. Unless any Commissioner wants to get into it at this point, we can get on to item 86. Mr. Plummer: Well, 85 is Commissioner Dawkins, and I think... did we get an answer, is it possible, or are you saying that it is not possible because of the contract that we can't entertain this concept? Mrs. Dougherty: We have to negotiate with Dade County. Mr. Odio: But, what he is referring to here... is other buildings that... 168 July 10, 1986 Mr. Plummer: The percentage of the... Mr. Odio:... Dade County is renting from us, in the jail and others. Mr. Dawkins: No, I am talking about the $5,5009000 here that is what I am saying, and you are saying, and I think the City Attorney said that we already entered into an agreement that we can't back out of, to sell the rights, instead of leasing the rights, is that right, Madam City Attorney? Mrs. Dougherty: In actually, what it is is a sale of an easement. We retain the underlying fee simple. It is simply an easement for their port bridge access. Mr. Dawkins: And we cannot lease it, we have entered into an agreement to sell that right. Mrs. Dougherty: We have done that, yes. Mr. Plummer: We are selling the easement, right? Mrs. Dougherty: Correct. Mr. Plummer: But, we are not selling... what about an easement all the way across the property? Mrs. Dougherty: The easement that is necessary for the bridge. Mr. Plummer: Well, in other words... Mayor Suarez: Well, yes, it has to go all the way to the end of the property. In some places, more... Mr. Plummer: Does the easement exist all the way to Biscayne Boulevard? Mr. Dougherty: As far as I know, yes. Mayor Suarez: Is it a permanent easement? Mr. Plummer: Hell, yes. Mrs. Dougherty: I believe that it is an easement that will remain so long as the bridge remains. Mayor Suarez: Or is it long enough that we will never have any chance to do anything about it anyhow? It is 99 years, or whatever. Commissioner, do you want to take any further... Mrs. Dougherty: So, the answer to you is if you would like, we can entertain asking them to reopen negotiations on this issue. Mr. Plummer: Well, that is up to Dawkins. Do you want to reopen? Mr. Dawkins: Yes, let's ask them anyway, I mean, let them know that I am dissatisfied, and that will just hold the bridge up that long, much longer, no problem. Mr. Plummer: I second the motion. Mrs. Dougherty: Should I put that in that same letter? Mr. Dawkins: Yes, ma'am, please. Mayor Suarez: That will add a little teeth to it. Moved and seconded. Any further discussion? Call the roll. 169 July 10, 1986 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-585 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMMEDIATELY CONTACT THE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THAT NEGOTIATIONS IN CONNECTION WITH EASEMENT RIGHTS FOR PLACEMENT OF SEAPORT BRIDGE ON CITY PROPERTY BE REOPENED. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. MOTE FOR THE RECORD: Item 86 was deferred. At this point, comments were made that Clemente Park needs paint. 66. DEDICATION CEREMONY OF MUNICIPAL PARKING LOT NUMBER 1 (COCONUT GROVE ENTRANCE) SET FOR SEPT. 25, 1986. Mayor Suarez: Item 87 is just a request for a date for the municipal parking lot. Mr. Plummer: What is the date recommended? Mayor Suarez: September 25th, is that correct? Mr. Roger Carlton: At lunch time, yes, sir. Mr. Plummer: July 25th? Mr. Roger Carlton: September 25th. Mr. Plummer: I move it. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. Mr. Plummer: Where is that Coconut Grove entrance? Mr. Carlton: 27th and Dixie. Mr. Plummer: Oh, OK, I think I know that place. Mr. Carollo: 27th and Dixie? What side is that, Roger? Mr. Carlton: It is on the southeast corner. Mr. Plummer: It is right where I had my headquarters, Joe. Mr. Carollo: OK, I know where it is at, I am sure. 170 July 10, 1986 Caii4-on: We had to take a lot of ca-:�i)aign si! cc& out fir:,t. Mr. Plummer: You've got a big mouth, Carlton! Mr. Carollo: That was probably good, you know?... all that letter... Mr. Plummer: Can I relive the budget of the Off -Street Parking Authority, please? Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-586 A MOTION DESIGNATING THE DATE OF SEPTEMBER 25, 1986 FOR DEDICATION CEREMONY OF THE MUNICIPAL PARKING LOT NUMBER 1 (COCONUT GROVE ENTRANCE). Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Just as a suggestion, I really don't know that you need to have each one of these dates approved by the City Commission. I never thought about it, but it is just another item on the agenda. Mr. Carlton: That has always been the policy on all dedications, that you officially set the date here for all projects. Mayor Suarez: All right. I'd do fine with just a memo from you telling me the date that... Mr. Odio: If you wish, what we can do from now on is just ask you what date is convenient for all of you and just do it. 67. APPROVE IN PRINCIPLE A DAY CARE CENTER ON THE FIRST TWO FLOORS OF THE MUNICIPAL PARKING GARAGE. Mr. Plummer: What is the one recommended for the government center? What is the date recommended? Mr. Carlton: Item 88, one of the suggestions that we had and we worked with Commissioner Kennedy on this to try to increase revenues in the garage that you had talked about earlier, was to put a day care center on the ground floor. Mrs. Kennedy: How far advanced are you with this program? Mr. Carlton: We have the request for proposals finished. It has been reviewed by many City departments. There are a few more to go. We could bring you the R.F.P. for approval in two weeks. Mr. Odio: No, no, July 24th. Mrs. Kennedy: July 24th is in two weeks. ld 171 July 10, 1986 4 10 Mr. Plummer: Tt is two weeks. Mr. Carlton: That is true. We could bring it to you for approval to allow it to go out to bid over the summer. Then you can make a decision. Mr. Plummer: What are you going to do about recreational space? Mr. Carlton: There is enough land around it to meet the standard. Mr. Dawkins: Are we going to put it out to some private person to run this? Mr. Plummer: So what do you want to do with this item 88? Mr. Carlton: Just to get it... this is... the Committee of The Whole, get consent to bring you the R.F.P. in two weeks. Mrs. Kennedy: I so move. Let me tell you the advantages of having a day care center where parents can also leave their children off and find spaces to park their car are obvious. It is done at the Omni and it works, and we need to find places like that, so I move this item. Mr. Odio: We do have a lot of demand for day-care, and if we can tie the parking to that... Mr. Plummer: But the fees would pay for it. Mr. Carlton: We hope to get a private operator that will not require a subsidy. That is the goal. Mrs. Kennedy: Right, it will be a for -profit. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded Any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-587 A MOTION APPROVING IN PRINCIPLE OFF-STREET PARKING PROPOS- AL TO DEVELOP A DAY CARE CENTER ON THE FIRST TWO FLOORS OF THE MUNICIPAL PARKING GARAGE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Vice -Mayor Miller J. Dawkins 68. A -FIRST READING ORDINANCE: ADD "FINANCIAL DISCLOSURE" TO CODE. B-CITY ATTORNEY TO PREPARE ORDINANCE SETTING SAME FINANCIAL DISCLOSURE REQUIREMENTS DEMANDED OF COMMISSION TO APPLY TO ALL CITY INDIVIDUALS WHO PRESENTLY FILE FINANCIAL DISCLOSURE. Mayor Suarez: Item 89 is the proposed financial disclosure ordinance. It specifies what limitations on the sources of income that have to be listed anything in excess of $5,060, is that correct? ld 172 July 10, 1986 4 Is Mr. Plummer: Well, I think that is your memo, isn't it, Mr. Mayor, beyond the State law? Mayor Suarez: Yes, it is my suggestion that we require City officials to disclose their principle sources of income and a complete financial statement. The rest of the specific provisions were put together by the City Attorney, I think based on another ordinance, is that not the case? Mrs. Dougherty: Yes, as you know, the State law and County ordinances com- bined have many financial disclosure requirements already, including a source of income statement, a listing of all the sources of income. What we have done here is required an additional disclosure of all assets over $5,000, including household goods, all liabilities and other sources of income would only give you income, so this would also include all liabilities in calcula- tion of net worth, and an affidavit from the reporting party. Mr. Plummer: Let me ask a question. Mrs. Dougherty: And at your direction this morning, we have also included a penalty provision of $500 and no more than 30 days imprisonment, which is the same penalty that Dade County has presently. Mayor Suarez: I love those equivalences that come out in the law between money and the number of days in jail! You know, you never can figure out where they got the notion that $500 was equivalent to being 30 days in jaill Mr. Plummer: Who is going to pay for my auditors to put this disclosure report together? Mrs. Kennedy: With all the money that it was reported that you make? Mr. Plummer: I just want to know who is going to pay for it. You are talking about maybe $2,000 to $2,500 for such a report to be compiled by my auditor. If I were to comply, who is going to pay for it? Mrs. Dougherty: You. Mr. Plummer: Like helll Now, let me tell you something. You mandate it, you pay for it, if I do accept it or agree to it in the final analysis. I am also aware, under the State law, now you correct me if I am wrong, that in lieu of doing all of this do -goody garbage here, that I can surrender my income tax return. Is that an alternative? Mr. Odio: Not mine. Mr. Dawkins: Not under the ordinance, but that is an alternative under State law, yes. Mr. Plummer: In other words, this ordinance goes beyond the State law that my income tax return copy is not acceptable. Mrs. Dougherty: Correct. Mr. Plummer: Hmmptl Mayor Suarez: On the income side, I would... Mr. Plummer: Excuse me, Mr. Mayor. It is so ridiculous to assume that a dishonest person, when they put something on writing will be honest. It is amazing. Mr. Carollo: Well, I have a question to the City Attorney. Under the present financial disclosure that we have, Madam City Attorney, we, the individuals that are owners of our own companies, such as in this case, the only ones that I know about, is myself and Commissioner Plummer. Everybody knows that we both have a business that we awn. We both work every day. It is obvious to everyone, including the media that we are at work every day, and we work for a living. Those of us that own a company, at least as I understand it, 10 percent, or more of a company, are we not under the present law required to list a list of the clients that we have in as far as any individual client during the course of that particular year, whose earnings to the company contributed 10 percent or more of the total gross of the company. Is that correct, or not? ld 173 July 10, 1986 U's nn„s,}+orty: unr'p, the Stntp law? Mr. Carollo: Well, the forms we have to fill out now. Mrs. Dougherty: I don't know the answer to that. My understanding is that you have to report all sources of income over 10 percent of your net. Mr. Plummer: None of my clients make up more than 10 percent. Mrs. Dougherty: Furthermore, you have to report certain specified kinds of clients that you might have. Mr. Plummer: Mine are all in a position they will not give an affidavit! I wish every one of my clients made up 10 percent of my income. So, in answer to your question, potentially you might have a client that would be a source of income, which would exceed 10 percent of your gross income. Mr. Carollo: Exactly, and according to the present disclosure laws that we have to fill out, we have to disclose any client, that during the course of that year, whatever our respective companies made from that client, came to 10 percent or more of the total amount that the company made. Now, it is obvious that this particular law, which you know, we that own companies comply with that, but it is obvious there is a prejudice right now in the law, or maybe a loophole for others, but there is a prejudice for those that own companies. Now, where I find a loophole is, particularly in one particular area, where I think this should be one area that we should look into to close that gap, and close that loophole, and that is when you have partners in law firms. When you have partners in law firms, it is really like owning a law firm. You are really a stockholder in that law firm, is what it really comes down to it, but I don't see anyone yet, suggesting what I am going to, that I think that one area we should amend the law is that those that are partners of a law firms, they can play all the little shell games that some people can, that are attorneys and are partners of the law firm. I think they should be, and have to make the same kind of reporting that those of us that own companies have to make also, and that is, to show, on a yearly basis, the list of clients that make up 10 percent or more of the total yearly income for that law firm. All right, if I may, I would like to make that one addition for this Commission to consider. Mrs. Kennedy: Another thing that we should consider is a penalty, because the whole thing is really meaningless if we do not have a penalty. Mayor Suarez: As drafted now, the ordinance calls for a fine not to exceed $500 or imprisonment in the County jail for not more than 30 days, so it has a penalty. Mr. Carollo: What I would like to do at this point in time, and Madam City Attorney, maybe you could guide me at this - I would like to bring this one particular part up to a vote, first, the part that I described, that partners in a law firm, that might serve now or in the future on this City Commission would also have to make the same kind of disclosure that owners of a firm have to make now with the respective firm. Mayor Suarez: Is that in the form of a motion, Commissioner? Mrs. Dougherty: No, no, that is not going to work. Mr. Carollo: No, I am asking the City Attorney to guide me which way we should proceed with this. Mrs. Dougherty: The answer is, the partners in the law firm, unless they are public officials, would not be subject to your ordinance. Mr. Plummer: No, I don't think that is what he is saying. Mr. Carollo: Right, no, no. I am saying partners in a law firm that are public officials, of course. Mrs. Dougherty: Oh, I see. So, you are saying the public official that is a partner in a law firm must disclose any client whose income to that partner exceeds 10 percent of the gross income. ld 174 July 10, 1986 Mr. Carollo: During L„e coui:e of that year. Mrs. Dougherty: Fine. Mr. Plummer: Exactly. Mrs. Dougherty: OK. Mr. Carollo: Maybe if you could draft an ordinance to that effect, and give it to this Commission for discussion and for this Commission to review, and take that up separately. Mayor Suarez: I would vote for it. Mr. Plummer: Are you finished, Joe? Mr. Carollo: No, I am not finished yet, but go ahead. Mr. Plummer: I question in the ordinance, the wording that says under section "B" that says that, "all liabilities over $5,000, including the names and addresses of all creditors, money owned, including credit card and retail," yet you go back to the form, under part "B", it says, "excluding the following credit card and retail installment accounts..." One says it includes, the other one says it excludes. Mr. Carollo: Let me... Mrs. Dougherty: The form would not take precedence. The language of the ordinance would take precedence over, and the form will be modified, would be including... Mr. Plummer: We are under discussion. Mayor Suarez: Well, why, does the form have an exclusion, and the ordinance have an inclusion? Is that...? Mrs. Dougherty: It is simply a mistake. It should be, "including". Mayor Suarez: I see. Mr. Plummer: How about if both say, "exclude"? Mrs. Dougherty: That would be fine too. It is your Mr. Plummer; Well, let me tell you exactly where I am, OK? I have said before, and I will say again, as long as all of these ideas here that you have, and you think that are great ideas, as long as, in lieu of, complying with all of these cockamamie ideas, you can submit your current year income tax report, then I don't have any problem, but if you think for one minute that I am going to spend $2,000 or $2,500 every year to comply with this thing, that is crazy. It is absolutely crazyl Mayor Suarez: The only difference really is, the income tax return does not reflect financial statement per se.... Mr. Plummer: Oh, yes, it does! I don't know how you fill yours out, but mine shows every source of income. Mayor Suarez: Yes, but it doesn't reflect your financial status at any one point, but I would accept that as a modification of this proposed ordinance. Mr. Carollo: Let's get to the bottom of it. Let's quit playing games, and you know, quit playing lily white, you know, that we are more pious than anybody else, and all these other little games that are played here, particu— larly yesterday, in preparation for this ordinance today, and other things. You know, Xavier, I find it quite ironic, and frankly, pretty hypocritical that you come up with this idea all of a sudden, at a time that you are very concerned about an investigation of your last year's campaign finances. I don't want to get into the extent of that, or cover the areas that haven't been covered in the media, but if I recollect correctly, I mean if you have some personal problems with this, then you should be open with the public, but ld 175 July 10, 1986 it wasn't this Commissioner, or this Commissioner, or those two Commissioners over there, that in November... actually, • , , ..• LL11 e Ole, of 1985, there was an article written in Fred Tasker's column, where he stated that one of your main campaign fundraisers was planning on holding a cocktail reception for you, where he was trying to raise money for you, gifts of cash contribu- tions, hoping to raise $25,000, because you had been so busy campaigning that year, that you hadn't earned enough to provide for your family obligations, and that same article in Fred Tasker's column of December of '85 stated that even after your campaign supporters spent some $4,000 plus dollars, the reason that the campaign fundraiser, should I say, your personal fundraiser for cash contributions was not held, was because it was found that it was illegal, even though there was some $4,000 that this individual spent in your behalf on the booze and other things that weren't used, supposedly. Now, what I can't comprehend is, that, you know, and maybe this is why you have the problem with this and you try to clear this up with the public, and try to get other people involved in your personal problems, is that here is in December 25, you are requesting for your friends to raise $25,000 in cash contributions to you as a gift, something that has never been heard of in the history of this City, or I don't think any other municipality or government in this County, but then, all of a sudden, soon after that you know, we are hearing about you going to Panama, St. Thomas, and all kinds of other places and you know, then there is no financial problem all of a sudden. Well, it might be that you are doing awfully well in the last eight months, and that is understandable, and I can certainly comprehend that, but you know, I think that whatever personal problems you have, you shouldn't be hypocritical about this, and be up front, and you're bringing this up now at a point that you have problems with the State Attorney's office investigating problems that you have had in your campaign of last year, and you are trying to use this to hide behind the fact of the other thing that you are really an open guy, even though one of your campaign contributors gave $7,000 cash to your former law partner, to be put in an escrow account, and then laundered to some of his firms and one of his employees. Now, you know, I understand your concern, particularly when this individual is partners with one of the clients of your firm, one of the people involved in the Watson Island project, and the same individual that has been paying the salary in the past of your brother-in-law to work for the City of Miami. Now, if you have, you know, personal problems, I suggest you clear them up with the public in the way that you should, but you know, stop giving us this hypocritical attitude that you are more saintly than anybody else, when the facts are quite different, you know, they are being shown every week. Mayor Suarez: I would pass the gavel to Commissioner Dawkins and move this ordinance with the additional modification that in lieu of the disclosure required that the public official make his income tax statement for the year in question available to the public, and so moved. Mr. Carollo: OK, well, I'd like to make one amendment to this ordinance. Mayor Suarez: It has been moved and seconded. Mr. Carollo: OK, I would like to make one amendment to this ordinance, and that amendment to this ordinance, would be, that any elected official that is a partner of a law firm, be required to make the same disclosure that an individual that owns his private firm has to make now under the law, even if he decides to hand in his income tax statement. Mayor Suarez: I will accept the modification. Mr. Dawkins: Any further discussion? Mayor Suarez: A second? There is a second? Mrs. Kennedy: Yes, I do. Mr. Plummer: OK, let me understand, now. The way this amendment reads, that if I, at the end of this year, want to give my income tax return, instead of complying with this, I can do such. Mayor Suarez: Absolutely. Mr. Plummer: So be it. ld 176 July 10, 1986 Mr. Carollo: In other words, with the exception that those that are partners in a law firm, still hp,,- to ^hnw the list of nny ctier* produces 10 percent or more of their total gross business for their firm. Mayor Suarez: Yes, there is the additional requirement for a partner in the law firm to list any client that provides more than 10 percent of the total income to that partner, I presume is what it means, or to the firm, I don't know. Either way, I accept it. Mr. Plummer: Let me, for clarification on the record, and Madam City Attor- ney, even though it is not in my particular case, does this... what about a joint return? If I were to be filing a joint return, do I have to surrender that portion of my wife's...? Mr. Odio: Yes, because it's together. Mrs. Dougherty: Well, this ordinance... Mrs. Kennedy: I think that is a very sexist remark, considering that I am only woman who obviously has a husband that works, so I can sit here for $5,000 a year, just in... Mayor Suarez: Wait, wait. That is not necessarily sexist, because there are others that have spouses that work too. Mr. Plummer: It is not sexist at all. Mrs. Kennedy: Well, yes, but they allow the principal head of household. Mr. Plummer: But, what I am saying is, it is unfair. It is unfair to have to disclose your spouse's income. Mrs. Dougherty: You don't have to disclose your spouse's net worth, or assets and liabilities. If you have a joint return, that is the only way that you can comply, if you want us to substitute your income tax, as opposed to your income tax forms. Mr. Carollo: What I see about this whole thing, frankly, is this isn't going to make a bit difference, in really, the disclosure that we have now. It is not going to make an honest person out of someone that is dishonest. It is not really going to make one bit of difference in the kind of, and type of government officials that you have, and I have no problem in disclosing my personal income tax statement. The reason I made the statements that I did is I think it is about time that we bring it up front, some of the double stan- dards that Xavier has, or as he has named himself, "Xavior of the savior." You know, he says, "Do as I say, not as I do," and what I am seeing is, is here is someone that because he knew that the media was wise to the shenani- gans that were played with the trust account of his law firm, because he knew that soon enough there would be a State Attorney's investigation in that, he comes with this hypocritical suggestion now, trying to pretend that he is more lily white, more lily clean than anybody else, and he is "Mr. Pure." Well, that is fine. I have no problem in showing my income tax return, but let's present things the way they really are. Let's quit hiding behind little images, that, gee, we are cleaner than everybody else, and everybody else is bad. I remember an individual that year after year, his whole campaign theme was that,"Ferre has got to go because he is bad, he is corrupt, look what he does in his campaign, the messes that he made." Well, now all of a sudden, you know, we come to the double standard, what some call the Jesuit double standard, where all of a sudden, it is fine, there is nothing wrong with laundering money in cash in violation of election laws, through a trust account of a campaign, there is nothing wrong with that, but oh yes, you know, we are going to bring this up, because we are more pure than anybody else, but just eight months ago, his friends, in violation of State law, wanted to raise $25,000 in cash contributions, since he was broke, poor guy was, you know, campaigning all the time, couldn't make enough money to support himself and his family, but all of a sudden he is doing great, you know, in just a few months. Yes, and I am glad that his law practice is doing so well, that in just a short time he could be making all the accomplishments that he has. Mr. Dawkins: Any further discussion? Hearing none... ld 177 July 10, 1986 Mr. Carollo: Wait a minute, wait minute, is there any further statement that anybody would like to arike about joint returns, or anything else? Mr. Dawkins: You are out of order, Commissioner Carollo, I have the chair. Mr. Carollo: No, I am notl Mr. Dawkins: Yes, you are. Mr. Carollo: No, I am not. Mr. Dawkins: I asked... Mr. Carollo: We are open for discussion, Mr. Dawkins. Mr. Dawkins: And I said, is there any further discussion? Mr. Carollo: And this is what I've asked, the same thing you have. Mr. Dawkins: OK, but you are out of order. Mr. Carollo: And if you don't understand it in English, I will explain it to you in Spanish, Millerl Mr. Dawkins: You can say it in Yeckamayeesh if you want to, you are still out of order, Commissioner Carollo. Mr. Carollo: No, I am not out of order, because when we have something up for discussion... Mr. Dawkins: Madam City Attorneyl Madam City Attorney... Mr. Carollo:... I can certainly discuss, and we are under discussion, are we not? Mr. Dawkins: Yes, if there is any further discussion from you, but you do not have the right, sir, to ask the rest of the Commission if there is any further discussion. That is my right as operating the chair, sir. Mr. Carollo: Well, if you say that I don't have the right, then why do you say it again, Miller? Or if not, call the question. Mr. Dawkins: Now, wait a minute. You and I are not going to get into this. You and I are going to get into that, hold on, hold on. I am not going to get into that with you. Hold on now, hold on now, you are out of order. Now wait, you wait one minute. Madam City Attorney, according to... Mrs. Kennedy: You see, boys will be boys! Mr. Plummer: Now that is a sexist remark! Mrs. Kennedy: It was intentionall (LAUGHTER) Mr. Carollo: Miller, do you want to call the question, so we can get on with the meeting and maybe go home in time? Mr. Carollo: I've got the chair. I can't call the question. Yes, well, that is what the Mayor says, I.can call the question, right. Mr. Carollo: Well, after all... Mr. Dawkins: OK, I call the question. Mr. Carollo:... he was experienced enough to try to be South Miami Attorney. He should know, right? Mr. Dawkins: OK, I call the question. I call the question. Call the roll, Madam City Clerk. Mrs. Dougherty: May I read into the record the two amendments, "E", after "D" — Is in lieu of all of the above, the current year's tax return may be provided, not withstanding an "F," not withstanding "E" above, which mentions ld 178 July 10, 1986 0, 0 the tax returns, any elected officials that is a partner in a law firm must disclose any client that contributes over 10 E she t,ioss income to the law firm in which he is a partner. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Let the record reflect that the form attached to our backup material is incorrect and ill stated, and is not the form adopted by this Commission. Mrs. Dougherty: We will prepare a different form for second reading. Mr. Plummer: All we are passing is the ordinance, not the form, or any of that. AN ORDINANCE ENTITLED - AN ORDINANCE ADDING A NEW SECTION 2-309, ENTITLED "COMMISSION DISCLOSURE". TO CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Mayor Suarez and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: In lieu of 30 days, can we consider hanging? I vote yes. Mrs. Kennedy: This will give my husband something more to gripe about, and I vote yes. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Mr. Carollo: I hope people didn't get upset and will resort to inviting people to duels, or boxing matches, or anything of the sort. After all, this is, you know, government in the sunshine. You know, next time they do that, somebody just might take him up on that. Mrs. Kennedy: Meaning what? Mr. Carollo: Water pistols at ten paces! Mrs. Kennedy: We have been through that before. Mr. Carollo: You know, usually, the same kind of forms that elected officials have to make under the present system is the same kind of forms that all other key officials and members of key boards have to present, isn't that so? Mr. Eladio Armesto: Yes, sir. Mr. Carollo: You have to fill out right now, the same forms we do. Mr. Armesto: Yes, sir. Mr. Carollo: Why shouldn't all you guys have to do the same thing that we have to do now? Mr. Armesto: As soon as it becomes the law of the land, we will do it. ld 179 July 10, 1986 0 0 Mr. Plummer: You have got some horse jerking over here. Mr. Carollo: You know, all the key administrators in the City and the depart- ment heads and Zoning Board, Planning Board members, and... you know, newspa- per editors, radio station owners. Mr. Armesto: It is OR with me. Mr. Carollo: Aspiring presidents of future republics, you know... Mrs. Dougherty: No, you make a very good pointt Mr. Carollo: Yes, hey, and it doesn't make sense! We are going to be the only city, I think, in the whole state, if not the country, that all of a sudden, our requirements are going to be different than requirements for the other key officials, and right now, we are the only city in the whole state that has these type of requirements.... Mrs. Dougherty: North Bay Village. Mr. Carollo: ...and it is almost like saying that gee, we have some problems here in the City. Maybe some individuals have their own personal problems, like I described. Mayor Suarez: Mr. Armesto, will you tell us about your item? Mr. Carollo: Mr. Mayor, if you don't mind, I would like to ask the City Attorney, if she would, to present to this Commission, at the next July 24th meeting, the same motion that we have voted upon here today for ourselves for all the other individuals in the City of Miami government, that right now have to disclose. Mayor Suarez: Is that in the form of a motion to have her draft something to that effect? Mr. Carollo: Yes, well, she has the draft already. Just include the list of all the people that would have to comply, so we could have it, and it could be brought back again. Now, I am surprised that the Mayor wants to be so open, but he forget this area. Mr. Plummer: I will second the motion for purposes of discussion, OK? Now, that is going to include you, Mr. Odio, that motion? Mr. Carollo: Everyone that is included now. Mr. Odio: I am now disclosing my... Mr. Plummer: Well, can I simplify it, so there will be no mistake on any- body's part, all unclassified positions. Mr. Odio: Oh, well, you're dealing down to the secretaries are unclassified. Mr. Plummer: They are unclassified? Mr. Odio: Sure. Mrs. Dougherty: Right now it is only the department directors and up. Mr. Carollo: J.L., I think we should leave it to the same criteria, under the present law, of people that have to divulge their income. Mayor Suarez: Yes, the request is those officials who presently have to fill out the existing financial disclosure form. Mrs. Dougherty: You know, J.L., if you do that, you include all of the board members, etc. Mr. Plummer: No, Joe's motion does, matter of fact, include all of the board members. Mrs. Dougherty: Well, then they are not going to serve. ld 180 July 10, 1986 Mr, P?.,,mmer: Well, if they don't want to serve, and they have got something to hide, they don't serve, big deal! Mayor Suarez: We are asking for this matter to be considered on July 24th. I... Mr. Carollo: Well, unfortunately, it doesn't cover employees that all of a sudden their salary is being paid by a law firm, but they spent all their time here in City Hall. Mr. Plummer: All right, what you are saying is. Joe, let me understand - all people besides the Commission who presently have to file a disclosure form would be included in the new form. Mr. Carollo: That's correct. Mr. Plummer: I second the motion. Mayor Suarez: OK, now do we have a motion to have that be considered on July 24th? Are you making that motion... Mr. Plummer: Sure. Mayor Suarez: OK, so moved and seconded. Mr. Carollo: This way we have a clear list of titles and everything and everyone is included. Mayor Suarez: Moved and seconded. Any discussion? I guess we will have the. discussion on July 24th. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-587-1 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE, FOR CITY COMMISSION REVIEW AND APPROVAL, AN ORDINANCE SETTING FORTH THE SAME FINANCIAL DISCLOSURE REQUIRE- MENTS PRESENTLY DEMANDED OF THEM, TO APPLY TO ALL CITY OF MIAMI INDIVIDUALS WHO PRESENTLY ARE REQUIRED TO FILE FINANCIAL DISCLOSURE; FURTHER REQUESTING THE CITY MANAGER TO COME BACK ON JULY 24 WITH A LIST OF NAMES AND TITLES OF AFFECTED INDIVIDUALS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: I have a problem. When does this ordinance become effective? Mrs. Dougherty: 30 days from second... Mr. Plummer: Well, I want to know. There is no effective date in this ordinance. Mrs. Dougherty: It becomes effective 30 days after the... Mr. Plummer: All right, now. Does that include my last income tax return, or does it include the one coming up? Mrs. Dougherty: It will be next year's, the next reporting period, which is July 1 of 1987. ld 181 July 10, 1986 0 0 Mr. Plummer: But. I don't file my income tax until that April. Mrs. Dougherty: So, it is the year prior to that time. Mr. Plummer: So, I will tell you... wait a minute now. You know, we are talking about 30 days or hanging, I want to make damn sure. Mrs. Dougherty: This ordinance doesn't become effective until 30 days after your second reading. The first reporting period is July 19, 1987. Mr. Plummer: Whoa, whoa) Mr. Carollo: Yes, in '87 is when we have to report 1986, correct? Mrs. Dougherty: Correct. Mr. Carollo: Yes, well, in other words, it would be effective then, for my 1986 return. Mrs. Dougherty: Correct. Mr. Carollo: Right. Mr. Odio: The one we... Mr. Plummer: In other words, it would be effective then, for my 1986 return? Mrs. Dougherty: Correct. Mr. Odio: The one we just finished? Mr. Plummer: No, that is 1985. Mayor Suarez: No, for the fiscal year... for the calendar year 1986. In other words... Mr. Plummer: I have already filed for 1986 under the normal disclosure form. I just got the receipt. Mr. Carollo: For the calendar year 1986. Mr. Plummer: OK, now, what you are saying is, is that next year, I would file... Mrs. Dougherty: Your 1986 return. Mr. Plummer: In July. Mrs. Dougherty: Right. Mr. Plummer: OK. I want to make sure. Mayor Suarez: Mr. Armesto, you were saying, sir? Mr. Eladio Armesto: Yes, Mr. Mayor, before... for a point of clarification, the members of the Planning and the Zoning boards, we, the members of that board, we file the same papers that you do, plus one that we receive from Metro —Dade County, and in addition to it, we have to sign an affidavit stating how many pieces of real estate each member owns within the City of Miami, or outside the City of Miami. Mayor Suarez: Yes, that is all the same we do, up to now. Mr. Armesto: Now, my request is... Mr. Plummer: Everything except your resume. Mr. Carollo: I am sorry to have interrupted something, Mr. Armesto, but I thank you, because your presence here reminded me of that. Mr. Armesto: Is OK. ld 182 July 10, 1986 0 0 69. INCLUDE "PATRIA" NEWSPAPER TO RECEIVE CITY ADS. Mr. Eladio Armesto: My request to the Mayor and the City Commission is to include my newspaper "Patria" in the list of newspapers that receive adver- tisements from the City of Miami. Mr. Plummer: I have no problems. I so move. Mr. Dawkins% I put that... Mrs. Kennedy: I second. Oh, go ahead. Mr. Dawkins: I put it on the agenda. Mr. Plummer: Did you move it? You want to move it? Mr. Dawkins: Sure, go ahead, I mean, go ahead. Mayor Suarez: Moved and seconded, thirded, and we have a yes vote. Call the roll. Mr. Plummer: That is that they would be included in the normal circulation and rotation schedule. Mr. Carollo: To be included in the normal what now? Mr. Plummer: Rotation schedule, Joe. Mr. Odio: Actually, J.L., they are reinstated, because they were. Mr. Carollo: Which rotation schedule? Do we have two? Mr. Plummer: Well, I am assuming that... Mr. Carollo: Those that are rotated don't get any advertisements. Mr. Plummer: They are rotated out the door. Mr. Carollo: Those that are rotating get some. Mr. Plummer: Well, they are backward rotation. How the hell do I know? Mr. Carollo: Would someone clarify that one for me? Mr. Plummer: Mr. Odio, I know that every time that you place an ad, you don't place it in every paper that has been selected. Mr. Carollo: Well, there was only two that were chosen. Mr. Odio: No, it depends on the kind of ad. Some of them are not placed on the small , no, it is the kind of ad, that I know. Some legal ads are only placed in the Herald, and the Miami Review, and... am I correct in that? Mrs. Dougherty: Certain zoning applications are required to be placed in neighborhood newspapers and those are the ones that he would be considered... Mr. Carollo: Well, I think that the time we should take this up again, should be the time that we always handled this, which is at the beginning of each year, when we took it up last., Mr. Plummer: Well, this would only be effective until October 1. You can't do it beyond that. Mr. Odio: Well, Patria was included in the list, and they are now being reinstated, if you pass the motion. Mr. Plummer: Yes. Id 183 July 10, 1986 ,A+`I ,W Mr. Armestu: �L :.5 reinstatement, that is all. Mr. Plummer: Well, it is good until October 1st, when we... Mr. Carollo: Well, this would be that we include them in the register with the people that are rotating in line to wait for advertising. Mr. Plummer% Exactly. Mayor Suarez: So moved and seconded. Any further discussion? Call the roll. I think we got a yes vote from Commissioner Kennedy. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-588 A MOTION DIRECTING THE CITY MANAGER TO INCLUDE THE MIAMI NEWSPAPER "PATRIA" IN THE LIST OF NEWSPAPERS THAT PRESENT- LY RECEIVE ADS FROM THE CITY OF MIAMI, SO THAT THIS NEWS- PAPER MAY RECEIVE ADS ON A ROTATING BASIS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None Mr. Armesto: Thank you very much. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 6:41 P.M. AND RECONVENED AT 6:51 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 70. DISCUSSION REGARDING MANAGEMENT OF MIAMARINA Mayor Suarez: Agenda item 93, discussion regarding management of Miami Marina. John, you're going to tell us about that? Mr. Odio: What number are we on? Mr. Plummer: Item 93. Mayor Suarez: Item 93, we will go back to 92 as soon as you get here. Mr. Odio: You mean this is on Miamimarina? Mr. Plummer: We have to be very careful here. John will explain it, but basically, it is that if we retain the marina operation, we will have to pay out of pocket S4,000,000. Mr. Plummer: No, no! Mr. Odio: Yes, sir. Mr. Plummer: No, no. Mr. Odio: I didn't make those commit... Mr. Plummer: Go back and read your contract. ld 184 July 10, 1986 0 0 Mr. Odio: Mr. Gilchrist, would you explain to the Commissioner... Mr. Plummer: I am going to put Mr. John Gilchrist's seat to the fire. Mr. Odio: Well, you go ahead and do that, but that... Mr. Plummer: There is a bidding process at $1,600,000. Mr. Gilchrist: $1,675,000. Mr. Plummer: OK, I am close enough, and... Mr. Odio: I might... Mr. Gilchrist: OK, however... Mr. Plummer: And that bidding process is where the bidding starts at $1,600,000, OK? Mr. Odio: What I said is, if we retain the operation of the marina, we have out of pocket expenses of $4,000,000 up front. Mr. Plummer: Oh, no, nol Whoever said that? Nobody ever talked about the City operating the marina. Mr. Odio: Well, OK, so if you don't want to operate the marina, then we will find... Mr. Plummer: I think you will find that part of the resolution, when we accepted the $1,600,000 from Rouse Company stated that it had to go out to bidding, no question. Mr. Odio: Fine. Mr. Plummer: Oh, yes, because Rouse insisted that that be in there, because they wanted to have a shot at the bidding. Mr. Odio: OK, so what you are saying is, that we should go out for bids. I have no problem with that. Mr. Plummer: If I am not mistaken, that is exactly the way it was written. Mr. Odio: But, if we go out for bids in the R.F.P., we have to put it up front that whoever takes the marina over, must pay this money. Mr. Plummer: The minimum bid was to be $1,600,000. Mr. Gilchrist: No. Mr. Odio: No, it is more than that, J. L. Mr. Plummer: No, sirl No, sirl Mr. Gilchrist: May I speak? In addition to that agreement which said at the City's option, it could go out to bid, or we could, you know, we could opt to operate it, and Rouse Company advances money to buy out New World Marinas for $1,675,000... Mr. Plummer: Right. Mr. Gilchrist:... plus interest, and if I take that interest through the opening day, it is like $230,000. However, what I wanted... we have had a survey done, on the condition that the marina, and to have it retain its structural integrity at this point, the pilings are all rotted off and so on. Our estimate is $2,000,000 to bring it back... Mr. Plummer: That is the successful bidder. Mr. Gilchrist: I know, so that is where he got the $4,000,000. ld 185 July 10, 1986 e Mr. Odio: That is what I am saying that whoever takes it over must spend a of $4, 000, 000. Mr. Gilchrist: We are asking you whether you want us to go out with an R.F.P., and if that is your... Mr. Plummer: My understanding is the R.F.P. is for a bidding process of some one to come in and take over the marina, the minimum bid to be $1,675,000. Mr. Gilchrist: And they have to reduce. Mr. Odio: Yes, but we need to... Mr. Plummer: And there was nothing in there that said a thing about that. Mr. Gilchrist: No, it didn't but I think if you instructed me to do an R.F.P., we should do that, that is all. Mr. Plummer: Nope, I am not doing any more than what we agreed to. Mr. Odio: But, if you don't do that... Mr. Gilchrist: The bidder has to... Mr. Plummer: I am not making it that he has to. Mr. Odio: OK. Mr. Plummer: He can bid the way he wants. Mr. Dawkins: J. L., with the rotten piling and all, who is going to be liable when people get hurt? Mr. Plummer: Not us, we are not operating itl The operator will have to get a liability policy. Mr. Odio: But the danger of this is it will leave the marina in a poor condition, J. L., and the return to the City will be diminished anyway. Mr. Plummer: Cesar, you are diminishing the return to the City by making him put out $4,000,000 instead of $1,600.000. He's got to recoup that in his operation. Mr. Odio: No, knowing that I can't convince you, let me remind you that the Bayside Project is almost $100,000,000. Mr. Plummer: That's fine. Mr. Odio: And that we are going to leave a marina that looks very bad. Mr. Plummer: That is fine, because, as you also remember, that most likely the person who is going to be taking it over is Rouse. Mr. Gilchrist: Rouse is obligated under the cancelled contract to be a bidder. Mr. Plummer: That is right. Mr. Odio: Fine, so why don't we put the caveat there that whoever takes it over must fix it? Mr. Plummer: No, you don't have to put that in the R.F.P. That is at the option of the Commission. If someone comes in and doesn't offer to fix it up, we don't accept it, we throw the bids out. Mr. Odio: OK. Mrs. Kennedy: John, this is just to determine whether we operate the marina, or we issue the R.F.P. for private... Mr. Gilchrist: Yes. ld 186 July 10, 1986 0 Mrs. Kennedy: OK. Mr. Plummer: We agreed on that when we accepted the $1,600,000. Mr. Odio: You know, we have got a beautiful project there, and the marina is going to look like hell. Mr. Plummer: But, that will not detract from our revenues, is what I am saying to you. Mr. Odio: Fine, but after you award the marina, we negotiate a contract where that doesn't come out of our money. Mr. Plummer: Cesar, are we going to negotiate the contract, or Rouse? Mr. Odio: We will negotiate a contract, to whoever you award the marina to. Mr. Plummer: Exactly. Now, you can negotiate a hell of a lot easier on a $1,600,000 contract, than you can on a $4,000,000, and besides that... Mr. Odio: No, because what I... Mr. Plummer: Well, what happens, in the City of Miami, you get all of these cockamamie engineers who don't know what they are talking about who propose costs and you run over and you run over and you run overt Mr. Odio: Yes, but you know, Commissioner, what this would do when you put this caveat up front, it will bring in the serious bidders, and not the fly-by-night operators, you know, and you don't want that. Mayor Suarez: You know, an additional way to be sure, pursuing Commissioner Dawkins' idea, is to specify in the R.F.P. what the insurance coverage that they will have to have, but I mean, make it a little bit larger than fly-by- nighters who will be able to comply with it. Mr. Odio: But, my concern is that we get quality people. Mr. Plummer: Mr. Mayor, let me give you an example. John, City set up $500,000 to move the marina. How much did it cost? Mr. Gilchrist: To move the fishermen out of the marina? Mr. Plummer: Yes, how much did it cost? Mr. Gilchrist: Well, the bids come in at seven. The low bid was $750,000. Mr. Plummer: And only about 30 percent, or 35 percent more than what was projected, and the same thing is going to happen. The police substation, the fire expansion of the garage, every one of these projects, the engineers won't listenl The architects don't listen. They want to build monuments to them- selves at taxpayer's expense. Now, it is ridiculous. How many times have we told that architect, build us a police substation for $5,000,000? We have yet in four appearances seen a $5.000,000 substation. Mr. Odio: Because he doesn't have $5,000,000. Mr. Plummer: Because he does what the hell he wants to do. Now, we have told him emphatically. Yet, every time he comes back here, he has got nothing but excuses, and we have yet to see a $5,000,000 substation. Mr. Odio: OK, Commissioner. Mayor Suarez: What is the Commission's pleasure? We are going through a... Mr. Gilchrist: I will bring the R.F.P. back for you. Mayor Suarez: Sure. It sounds like we are going to have to look at the R.F.P., at least to... Mrs. Kennedy: July 24th? ld 187 July 10, 1986 Mr. Odio: We need to move very fast on this, John. Can we have it ready, seriously, for July 24th? Mr. Plummer: You have only had two years, so you had better move in a big hurry. It will be emergency item. Mrs. Kennedy: Yes, but we adjourn for the whole month of August. Mr. Odio: Let's work on it. Mr. Gilchrist: If you authorize us to do the R.F.P., you can authorize us to do the R.F.P., put it out. Mr. Odio: Why can't we do that? Why can't do the R.F.P., put it out for bids and you will have to award, review them, and bring them to you. Mr. Plummer: No, bring me the R.F.P. I want to see it. Mr. Kennedy: You can move by the 24th. Mr. Gilchrist: I will attempt to bring you the R.F.P. on July 24th. Mr. Odio: 24th, OK. Mrs. Kennedy: OK, great. MOTE FOR THE RECORD: Agenda items 94, 95, and 96 were withdrawn. 71. DISCUSSION CONCERNING ST. JOHNS DEVELOPMENT CORPORATION Mayor Suarez: Item 92, St. Johns Economic Development. Mrs. Ann Marie Adker: Mr. Mayor, I am Ann Marie Adker, 407 N.W. 5th Street, and we are here again. Mr. Plummer: Stilll Mrs. Adker: Yes, only this time we were invited back. Mr. Plummer: You are on the agenda. Mrs. Adker: Thank you. We are seeking the same $50,000 for administrative and operational costs. We are trying to help you do affordable housing in Overtown, and in order to do that, we need to get that $50,000 for the admin- istrative and operational costs of an office set up. Mayor Suarez: I think that is the bottom line. Mr. City Manager, do we have any funds that were previously sequestered, or... Mr. Odio: No, sir, what I suggested... Mayor Suarez:... from our Community Development Block grants or other wise that are now available? Mr. Odio: Maybe they should come to the public hearing for July 24th and you know, we... . Mayor Suarez: But, those are all for social services. What about the non social services portion? Mr. Odio: Well, we have no monies left from that at all, and... ld 0 188 July 10, 1986 Mrs. Adker: This is not a social... in fact, we don't any social services in Overtown. We have human neiads in Overtuwn. Mr. Odio: I don't... Mrs. Adker: But, this of course, is a community development corporation, we are talking about. Mayor Suarez: That is what I am trying to ascertain. Mr. Odio: Sir, the monies that have will include their group, and they should be here. Mr. Frank Castaneda: The public hearing will be on the $2,100,000 dollars. I am sorry, $2,040,000, to be exact, and of that, $300,000 for social services. Mayor Suarez: Would you make a recommendation from the non-social services portion of that, to include the $50,000 for St. Johns Economic Development Corporation? Mr. Odio: And the you had East Little Havana and Belafonte Tacolcy. Mr. Dawkins: All of them have got to come in and apply, Mr. Mayor. Everybody has got to come and put.... Mr. Plummer: They have got to have a fair shot. Mayor Suarez: Make sure you go through the advisory committee that we have set up, but I certainly... Mrs. Adker: You know, let me tell you something... Mayor Suarez: This is all going to be resolved on the 24th. I know it is... Mrs. Adker: Wait, just a minute, Mr. Mayor. Did you know that they had... in fact, I sit on that advisory committee, and let me tell you something. We made a recommendation. Here I am volunteering my time as an advisor to this Commission, and nobody listens! So, I'm going to... you are going to come back to me? Mayor Suarez: Well, there is more money now. Mrs. Adker: I thought you disbanded the advisory committee. Mayor Suarez: Well, we would have, if we had had no more money, but we got more money now to... Mrs. Adker: So, if... Mr. Odio: See, Ms. Adker, what happened is we received additional funds from Washington, just this past week. Mrs. Adker: Already, and they just declared that unconstitutional the other day. Mr. Odio: Madam, we received the additional monies last week, and that is why they will have a public hearing at 2:30 P.M., July 24th here. Mr. Castaneda: And we will be calling a meeting of the City Advisory Board for next Wednesday. Mrs. Adker: Are you paying? Mr. Castaneda: What? Mrs. Adker: Are you paying? Mr. Odio: What are they paying you, lunch? Mrs. Adker: You didn't listen before. I am sick of that volunteer mess, and then the City Manager comes up with his strange ideas. ld 189 July 10, 1986 41 1 Mr. Plummer: Well, that is nothing unusual. Mr. Odio: That is nothing new, Mrs. Adker, i will tell you. Mrs. Adker: That's right. So, if we go before that board, whatever that board advises, does it mean you are going to follow? Mr. Odio: No, Ma'am, because the last time we listened and the Commission will vote on whatever they say has the priority. Mrs. Adker: No, the Commission tells me every time that I am here, that they pay their administrators enough, you know, to listen to them, and they should know. I don't why you need advisory in the first place. Mr. Odio: The last time Commissioner Kennedy came up with a proposal that was accepted by the Commission, and the staff tried their best, but the Commission knows their priorities best. Mrs. Adker: You know, it was through the intent of local government that we are in the deteriorated state that we are in. I am still about Overtown. We are talking about an option for the people in Overtown to remain there. For a number of years I have heard and listened to the City Commission talk about housing and you know, the County talk about housing, and I don't see anything as a reality. Here, you have a community development corporation that was set up by us, a church group that is very stable, or competent, within the Overtown area and you are going to tell me that as many trips as we have made here, that we have to come back, or... I'm telling you, I don't know, I have to pray for you! Mayor Suarez: Please do. Mrs. Adker: So, you are still going to put us in the same category as the Little Havana group, and the Tacolcy? Mr. Odio: I didn't say that, Ma'am. I said that all of them have the right to apply to this fund as you have, and that has to be taken into consider- ation. Mayor Suarez: We are very close to a final decision. We didn't have the money before, and hopefully we will decide this by the 24th of July, so... Do you want to state your name? Mrs. Adker: I have nothing to thank you for. Mr. Elmer Hewitt: The name is Elmer Hewitt, executive director for St. Johns Community Development Corporation. Mr. Dawkins: Your address, Mr. Hewitt. Mr. Hewitt: 381 N.E. 84th Street. OK, my major concern is that St. Johns has had a track record of over 80 years of involvement in that area. The last time we came before you, the Advisory Board recommended that St. Johns be funded, even though we were a new organization, so as it stands now, I would like to make it clear... be clear to me that on the 24th, will this recommen- dation that was given to you before be taken under consideration? Mayor Suarez: We will do so. Mr. Hewitt: All right, thank you. Mayor Suarez: Thank you very much for your testimony. ld 190 July 10, 1986 4b 0 NOTE FOR THE RECORD: At this point, Commissioner Plummer announced that item 97 had been taken care of. 72. A -BID ACCEPTANCE: OCEAN BAY CONSTRUCTION FOR FORT DALLAS PARK PLAZA. B-DESIGNATE 'ENTERPRISE ZONE'. (See labels #3 and #7) Mr. Dawkins: Mr. Mayor, while we are here, I would like to move 8 and 26 that I deferred this morning. Mayor Suarez: Items 8 and 26 are part of the Consent Agenda are moved by Commissioner Dawkins. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 8 and 26. Mr. Plummer: Whoal Slow down. Mayor Suarez: Can we take two of them together? Mr. Dawkins: Yes, it is the Consent Agenda. Mayor Suarez: I don't think so. Mr. Plummer: Item 8 and 26? OK. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll on items 8 and 26, part of the Consent Agenda that was not previously taken up. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-589 A RESOLUTION ACCEPTING THE BID OF OCEAN BAY CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $84,995.00, BASE BID OF THE PROPOSAL, FOR FORT DALLAS PARK PLAZA - PHASE 1; WITH MONIES THEREFOR ALLOCATED FROM "FORT DALLAS PARK DEVELOP- MENT" ACCOUNT IN THE AMOUNT OF $84,995.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: ABSENT: None. Commissioner Joe Carollo ld 191 July 10, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-589.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DESIGNATING AN "ENTERPRISE ZONE" IN THE CITY PURSUANT TO CHAPTER 290, FLORIDA STATUTES; SPECIFYING THE MINIMUM LOCAL PARTICIPATION TO BE CONDUCTED IN THE ENTER- PRISE ZONE, IF GRANTED APPROVAL; AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COMMISSIONERS OF METROPOLITAN DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 73. DISCUSSION AND DEFERRAL OF CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE IV. Mayor Suarez: Item 68. What is the report of the City Manager on hearings that were held, Public Works Department? Mr. Odio: Don. Mr. Don Cather: We held a meeting in the area and we also have had numerous conversations with local residents in the area, and we sent a ballot out, and of those who voted, we had 79 people voting, 56 voted in favor of the improve- ments, and 23, disfavor, 71 percent in favor of it, and 29 percent not in favor of it; therefore, we have 71 percent of the people in favor of this improvement, including local citizens who are familiar with this neighborhood. Mayor Suarez: Were there are any modifications or changes that resulted from the hearing that made it more acceptable to more people, by any chance? Made the improvements? Mr. Cather: We are still going through our basic highway improvements and there have not been any substantial changes. We try to reflect the wishes of the community as much as we could, and... Mr.. Dawkins: Did the community tell you that we did not want the planners, or whatever that is, and we just wanted a straight sidewalk, and no trees, and all of that? Is that included? Mr. Cather: Yes, that has been taken care of, yes. Mr. Dawkins: OK, thank you. Mayor Suarez: OK, can we hear from the residents? Are you speaking in favor, or against? Just so... Unidentified Speaker: Against. Mayor Suarez: Is there anyone that is going to speak in favor of the improve- ments as proposed? OK. Go ahead, Ma'am. ld 192 July 10, 1986 Mrs. Mertis McCants: I'm Mertis Mc Cants. My address is 1381 N.W. 51 Terrace. I am here to oppose the City's proposal to improve certain streets in my neighborhood. We don't have any broken sidewalks, and we do need some im- provements, but I don't like the idea of the asphalt and the planters on the street. It is expensive, number one. You had someone out at Allapattah Junior High School, but they did not give us any definite figures. I would like to see in writing everything itemized. The cost, the cost per house, and the amount of taxes that we would be incurred until the bill is taken care of. Thank you. Mayor Suarez: Yes, go ahead, Ma'am. Is the group against... do you have any... (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: No, but we are getting there. Mrs. Ruthy Scott: My name is Ruthy Scott. I reside at 1380 N.W. 52 Street. I voice the same opinion. I am opposed against this, number one. We upkeep our lawns. We have keep our property. We have no broken sidewalks, so I do not see the need for this improvement. When we were at Manor Park, they showed a few names of the people who wanted this and I didn't see 79 names then, but I have received phone calls requesting that I go in certain areas and look at these sidewalks that have been improved through the highway bit. I am not impressed about it, and I feel like it is one way of raising our property taxes, and I feel like the sidewalks, if they want to be improved, if you want to improve it, I feel like it is up to the City of Miami to do it. We are only limited a certain amount of inches anyway for the sidewalks, so I don't feel like it is necessary for the improvement and I am definitely against it. It is only going to cost us more money. Mayor Suarez: That is what I was going to ask. What is a typical assessment on this particular improvement for, let's say, assume a minimum lot size residence? Mr. Cather: The estimated cost to be paid by the City of Miami is $2,240. The estimated cost to be assessed is $460,000. The estimated assessment for front foot is $10.00. Mayor Suarez: Are you talking about $500 for 50 foot frontage? Mr. Cather: Fifty foot frontage, yes. That would be $500. Mr. Plummer: How many years do they have to pay that off? Mr. Cather: Ten years at 5 percent. Mayor Suarez: What do you answer to the main objection that the improvements are just not needed. Mr. Cather: We have improved Manor I, Manor II, Manor III, if you would just take the time to go out there and look at the improvements that we have made in these areas, you would see a substantial improvement to the neighborhood. We have increased drainage, we have sidewalk curb and gutter. In certain places, if they don't want sidewalks, that is fine. We can eliminate side- walks, but in most places, people want sidewalks in front of their streets, in front of their houses, and this also, put in a nice parkway and like down in Coconut Grove. If they don't want sidewalks, we don't build them. But, the point is, if you look down there, and you see these improvements, you will see a vast difference, and an increase in the people's property values. Now, the difference between neighborhoods is the quality of these streets and how well they are maintained, and to have good drainage, places where it doesn't collect rubbish, so the side parkways don't break down and become trashy and so forth; you just have to go out there and look at the difference between Manor I, II and III, and the rest of the community, and there is substantial improvements to the looks of the neighborhood, and as I said, 71 percent of the people who voted, were in favor of this improvement, including Mrs. Dawkins, who is very familiar with this thing, and has worked very closely to see that everybody was acquainted with it. Beg your pardon? Mrs. Mc Cants: I would just like to say that it is not the fact that we don't want sidewalks. We have sidewalks. I am saying that we don't want that black ld 193 July 10, 1986 S"f'`i 4at4 a"s•7'i� Lc'�"� K,yi ' .+ t wr, ^4 asphalt along the street. I would prefer seeing grass there instead of asphalt, if you want to improve the neighborhood. Mr. Odio: You mean grass where? Mrs. McCants: Outside of the sidewalk, between the street and the sidewalk. See, they are talking about asphalting... Mr. Odio: Oh, no, that is wrong, no. Mrs. McCants: Yes, that is what the new improvement is. Mrs. Kennedy: Why asphalt? Why the black asphalt? Don? Mayor Suarez: Yes, she wants to have a parkway, as opposed to a... Mr. Odio: We should have... Mrs. Kennedy: Yes, but why should we have asphalt? Mayor Suarez: Are you expanding what is now there, the streets, the surface, the asphalt surface? Mr. Cather: In certain areas of the City, people want places to park their cars. In other places, they want grass parkways between the curb and the sidewalks. We tried to meet each individuals demands. We try to also keep a certain amount of uniformity on the streets. A basis residential street includes two driving lanes, two parking lanes, a curb, a grass parkway, and a sidewalk. That is our standard cross section, which we like to build on a 70 foot right-of-way. Mr. Dawkins: OK, but we agreed out there, that we would take the improve- ments, but we did not want the planners, or whatever you call it, like you say, we want the parking, because those planners and all that take up two parking places. We want all parking, and I think it was agreed that from the gutter to the sidewalk it would be no grass or nothing, it would be cement, right? Mr. Cather: Well, it depends on the width of the street, we can usually, if we put in parking, parallel parking, we can also put in a grass strip between the curb and the sidewalk. Mr. Dawkins: Who is going to maintain it? Mr. Cather: Almost every place in the City where we have that, the individual property owners maintain that little piece of grass in front of their house. Mr. Dawkins: And then when the homeowner doesn't maintain it, then it becomes an eyesore, and nobody cares about it. Put cement, where you can sweep it. It is not that much, J.L., in between what they are talking about, the gutter and the sidewalk. What is the space? Mr. Odio: Commissioner, it is four feet. Mr. Dawkins: Where? Mr. Odio: Between the curb and the sidewalk... Mr. Dawkins: Now, you are going to make me... we are 'going to defer this and go out there. Mr. Odio: Yes, why don't we do that? Mr. Dawkins: All right, in Manor I and Manor II, it is not four feet between the sidewalk and the curb! Mr. Odio: Well, that is what he is telling you, that you have normally, that street... Mr. Dawkins: OK, all right, I will go with him and see it, OK? Mrs. Kennedy: Yes, I am interested in going too, Don. ld 194 July 10, 1986 Mr. Odin: Whv don't we do that, instead of. Mayor Suarez: We have a motion to defer. Mrs. Kennedy: So moved. Mayor Suarez: Moved and seconded. It may be better to let the Commissioners see it. It might be helpful for your cause, because the majority of people voted in favor of it, so we might otherwise vote for it. Mrs. McCants Can you inform us so we can have someone there too from the neighborhood? Mayor Suarez: Sure. Work with all the individual Commissioner's offices. Mrs. Kennedy: I am here Mr. Dawkins: Go right ahead, darling! Mrs. Scott: He said 71 percent of the people went for it, but they were doing a telephone survey getting these people to say yes, and they didn't even know... a lot of these people, they didn't know what they were getting into when they said yes. Mr. Dawkins: But, we have to now, give Mr. Cather and his staff credit. They came out there twice to see us, right? Mrs. Scott: I know they came twice. Mr. Dawkins: All right, the first night, we had eight people, or ten people, right? Mrs. Scott: Right. Mr. Dawkins: What did they have the second time, Mr. Cather? Mr. Cather: I am sorry, I don't know, sir. I wasn't there. Mr. Dawkins: OK, see, so now, let's be fair, all right? Now, there were out there now, and the fact that we didn't have 79 people, that is our fault, that is not his fault. Mrs. Scott: I know, but how did they get these people to agree to it? Mr. Dawkins: Oh, I don't know. Mrs. Scott: That is what I want to know. Mr. Odio: We didn't twist their arms. They went to their houses. Mr. Cather: They took a ballot. Mrs. Scott: A ballot, yes, a ballot. Mayor Suarez: We have a motion to defer. It has been seconded, pending further inspection by the Commissioners. Call the roll on that motion. MOTION TO DEFER Upon motion duly made by Commissioner Kennedy and seconded by Commissioner Dawkins, this item was deferred by following vote: AYES: Commissioner J. L. Plummer, Jr. Vice —Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy ld 195 July 10, 1986 Mr. Dawkins: I will put on W.E.D.R. and everywhere on the time we are going to have rh- - —4 r- �:o that we can get some people there, OK? 74. A -APPROVE IN PRINCIPLE APPLICATIONS TO U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT FOR HOUSING AND DEVELOPMENT GRANTS. B-HOLD IN RESERVE $300,000 OF HOUSING AND DEVELOPMENT FEDERAL GRANT MONIES UNTIL COMPLAINT RECEIVED FROM MR. LANCE PASKEWICH IS INVESTIGATED. Mayor Suarez: Is there someone here on item 69? Let's do item 69 first, then. It was scheduled earlier. Mr. Jerry Gereaux: On June 5th, the U.S. Department of Housing and Urban Development announced a national competition for $72,000,000 in financing to be made available to local governments to assist them in assisting private sector developers to finance housing where the project proposed, at least 20 percent of the units would be affordable to very low income people. Those are people whose incomes are 50 percent or less than the median for the City. We advertised, went to a very extensive advertising campaign in a very compressed time period because the Federal government also announced that all applica- tions for funding in this competition must be submitted to Washington by July 21st. As a result of our advertisement, we received 40... Mr. Plummer: Excuse me, when did you become aware that this was going to be available? Mr. Gereaux: June 5th, and the final guidelines were made available to us about June 7th, or June 8th, the application package. Mr. Plummer: You are telling me that 46 days interim? Mr. Gereaux: That is right. That is why the resolution before you, Commis- sioner, is approving in principle certain developers, and those developers are left blank. In any event, as the result of this advertising process, we did receive one application, at our submission deadline date, which we had to make July 7th to give the developers at least some amount of time to put together this very extensive package that the Federal government requires. I have fact sheets on the application that we did receive and that does met H.U.D.'s minimum threshold requirements for submission. I am going to have them passed out to you right now. Mayor Suarez: We're basically just sending up one recommendation? Mr. Gereaux: We only have one, right. Mr. Dawkins: And this is it? This is it? Mr. Gereaux: That is the one. Mr. Plummer: Were there others that in your estimation... Mr. Dawkins: No wayl No way You know what? -here again... I get tired of this. Now all of a sudden the only person who can qualify is the guy who, I mean, the area that got the last one. The last UDAG we got was Airport Seven, and now we go right back out here on NW. 7th Street, and put the other one. The rest of Miami needs... Mr. Gereaux: That was the only application that we did receive. Mr. Dawkins: Well, don't submit them. Mr. Plummer: Let me ask you a question. Was there other applications that you felt did not meet the criteria? Mr. Gereaux: We received one other, by the submission deadline of July 7th, we received one other package; however, the package did not meet any of the minimum criteria that we need to send the package to Washington. Mr. Plummer: What was the location of that? What was the location? ld 196 July 10, 1986 Now v �'?�;:. 'Se• f A _. i._ F _ai..J�,t'`� ;k'ia�.c�F. "t1S_ ��iZ�Li�A�— '4' t.`f1 4 Mr. Gereaux: See, we have to act in the capacity of the local reviewer. That was on N.W. 17th Avenue at about 24th Street. Mr. Plummer: You are saying that you received no other package? Mr. Gereaux: No other packages. Mr. Suarez: What was wrong with that application? Mr. Gereaux: Well... Mayor Suarez: It didn't comply with.... Mr. Gereaux: There are a number of things that the developer has to have for the City to review. The City acting as the intermediary for H.U.D. One of them is site control. The applicant did not have control of the site that they were proposing to build on. Another one is that a minimum of 20 percent of the units have to be rented at rents affordable to very low income people. The applicant failed to make their rents affordable. Another problem with that submission was that H.U.D. establishes certain guidelines for the per unit cost of the project. In the case of the applicant that didn't meet the criteria, the per unit cost was $72,000 per unit, which in no way is accept- able. There were other problems, and I could go on, but there was just nothing to submit within that short time period, other than the proposal that we have before us. Mr. Plummer: You did not receive an application in the northeast? Mr. Gereaux: We did not receive an application from the northeast. The applications I referred to were the only two that were submitted. Mr. Dawkins: Did we make any effort to get out there to help someone prepare these packages and submit them? Mr. Gereaux: In response to our advertisement, we had 44 calls. We sent out 20 packets and for each packet, and for each call, we offered all the assis- tance we could provide. Mr. Dawkins: There is the St. John... this group just left here, St. Johns Development. Why didn't somebody go out and help them put a package together and submit it? Mr. Gereaux: St. Johns... Mr. Odio: Mr. Gereaux: St. Johns' proposal is for rehabilitation, Mr. Commissioner. Mr. Odio: We used to have offices out there and some people can come to us. Mr. Dawkins: You could have encouraged them if they were going to get money to make rentals. OK. Mr. Gereaux: Well, no, their proposal for the rehabilitation of five units on the church property, Mr. Commissioner... Mr. Dawkins: I am going to go on the record to say that I am against this. Mr. Gereaux: It is too small. Mr. Dawkins: Nol I mean, no, 120 units of housing out where we put the last free Federal money? Mr. Gereaux: The minimum... Mr. Dawkins: I mean, the rest of the City, Miami needs some of this money! Mr. Gereaux: The minimum requirement, Mr. Commissioner, for submission, is, I believe, correct me if I am wrong, Jeff, just 20 units, and no larger than... Mr. Dawkins: The minimum is what? ld 197 July 10, 1986 Mr. Gereaux: the o❑inimuin thu E:roject has to be st least 20 units in size and can't exceed 200. Mr. Plummer: Did you have other applications pending that could have quali- fied? Mr. Gereaux: No. Mr. Plummer: None at all? Mr. Gereaux: No, none. Mr. Plummer: It would then surprise you if I showed you an application pending from 1979 forward? Mr. Gereaux: That would surprise me. Mr. Plummer: It would surprise you. Mr. Gereaux: Yes, sir. Mr. Plummer: OK, would you like to see it? Mr. Gereaux: Yes, I would. Mr. Lance Paskewich: My name is Lance Paskewich. I own the property at 50 N.E. 13th Street, in the City of Miami. Mr. Plummer: When did you originally apply? Mr. Paskewich: Originally in 1979. I have continually applied for every single amount of rehab money, matching fund money, low interest money, any- thing that was possibly available at the Community Development Department. They have consistently raised the work writeups so outrageously, that it has become a situation that they have constantly rejected every single application based on feasibility. We have had dozens of meetings with Mr. Gereaux and Mr. Castaneda and Sonja Figueroa; promised complete cooperation for years and years and years. We have a minority general contractor and subcontractor. They have made absolutely no progress with this department. Meanwhile, just in the last year or two, this particular department has caused us to spend about $6,000, $7,000 architect fees, $1,200 for engineers, keeping apartments vacant, but in the six years that we have been applying, not one time has the City housing division ever given us one correct work writeup. They have never gotten the address right, they have never gotten the units right, they put in $84,000 parking lots for 18 cars, and it has been a continual problem where they have diverted money only into certain neighborhood strategy areas. My property is in the downtown strategy area. There used to be a very big display map at the housing division, showing where all the money was going - where all the grants went, where all the rehab loans went, where all the... everything went from that division, and none of it, virtually none of it, was going in through the downtown neighborhood strategy area, or the Overtown strategy area. It was only going to selected areas that they wished to divert it to. Mr. Gereaux: Mr. Commissioner... Mr. Odio: There has got to be a reason why. Mr. Gereaux: Mr. Commissioner. Mr. Plummer: Yes, I am sure, because one of the accusation that are made is that two guys came out to measure, and they forgot their tape measure! Mr. Gereaux: Well... Mr. Plummer: Well, you know, that kind of stuff kind of tells you something, doesn't it? Mr. Gereaux: Mr. Commissioner, I would like the opportunity to provide you with a detailed report on the history of this case, but... ld 198 July 10, 1986 Mr. Plummer: Oh, you are going to have that opportunity, Jerry, I am sure tl,nt you are, OK. because T nm surrenrlerinc, the entire package to the City Manager. I am asking an investigation to be done, that based on seven years of applying, nothing has ever been done, and I think that speaks for itself, and there are, of course, allegations that are made in this package, which I will surrender, and the depositions taken, and I think that these people, as well as this Commission and the public demand and expect an answer, so you will have that right. Mr. Gereaux: May I say something? Mr. Plummer: Sure. Mr. Gereaux: There is a completed work writeup for this project. Mr. Pas- kewich has applied alternately under different funding mechanisms that we have used. Let me say that we have for Mr. Paskewich, completed work writeups. The problems in the past have been a difference of opinion as to what needs to be done in the building. There have been a few problems. I think I... Mr. Plummer: Seven years of disagreement? Mr. Gereaux: Well, I think that that is a subject for a full report, but... Mr. Plummer: And I agree. Mayor Suarez: In that report, reflect too, I think what is a consensus of the Commission that our priorities to build affordable housing in his loca- tion, not the other location at all, I mean, I can't imagine, really, N.W. 7th Street, and 52nd, that is... Mr. Gereaux: No, question, but Mr. Mayor, let me make one other comment. As I said, we do have an application prepared. I think that Mr. Paskewich and his firm will find the application acceptable to them. Our major concern when we make the rehabilitation loans that Mr. Paskewich is referring to, is because the City then has a mortgage position interest in the building; is that the building's useful life, you know, will be held up for another fifteen to twenty years. Mr. Paskewich: Mr. Mayor, may I respond? One of the other big problems is I asked in April for a list of all of the participating general contractors involved in receiving any kind of funds, or doing any kind of work with the housing division. What they gave me was a list that was already one year old, has ten general contractors on it, of which three aren't even in Dade County. Five aren't even in the City, four had wrong addresses and one was out of business, two disconnected phone numbers, two wrong phone numbers. This is what we have been subjected to with this department. We have had two formal conferences with Mr. Castenada and with Mr. Gereaux, with court reporters present, in which both of those gentlemen made hundreds of promises. Yet, last week, they made me spend $500 to have those court reporters notes tran- scribed, because they refused to follow any of the things that they had agreed in the last four, five, six meetings that we have had over the past couple of years. Mayor Suarez: Does your motion also imply that you want to have all of this reevaluated before we send it over to H.U.D.? Mr. Plummer: Well, Mr. Mayor, the problem that I have, I love Federal money. I mean, it is the same color, it is free, and Jerry is telling us that the 21st is the deadline, but I assume he is telling me is that if this one application, which he is qualified, is not submitted, we are going to lose that. Now, you know, am I going to be a bad guy and say, "Hey, Jerry, we don't like the location, so for that reason we are going to give up Federal money?" Not this boyl No. I am going to try to get it through... Mayor Suarez: And the one would not exclude the other in any way, Jerry? Mr. Gereaux: Not at all. Mr. Paskewich: All we are saying, Mr. Mayor, is that we feel... Mayor Suarez: We have a pretty good idea what you are saying by now, that somehow there is a problem with communication with the people in the depart- ld 199 July 10, 1986 rent, and we don't know whose fault it is, but t::_ "- ...�_,_r i ; going to investigate it fully, according to Commissioner Plummer's directive. Mr. Paskewich: But all we are saying, is we feel like the Commissioners as a group, or that division, should be giving some kind of priority... Mayor Suarez: Absolutely. Mr. Paskewich:... to us and yet... Mayor Suarez: To the location. Mr. Paskewich:... last week, Jerry said, "Oh, well, you just applied March 26th", and I said, "Jerry, I have applied six times, you have all done eight work writeups, you still don't have one correct." And that is the problem. We feel like we should be given some kind of priority status instead of put on the back burner, so that favored developers and favored general contractors are the only ones getting the business. Mr. Plummer: Well, all we can do today, Lance, is look into the matter for you. That is all we can do at this particular point. Mr. Mayor, on 69, I think we have no choice. I don't like the choice, I have to be honest with you. I think that there should be other locations. I can't find all the fault with Jerry. He had the 30 days in which to comply, and it is the only application we have, and how much Federal money is it? Mr. Gereaux: They are requesting $2,400,000, and it is a national competi— tion, I want to point that out. Mr. Plummer: It is money for this particular project, correct? Mr. Gereaux: Correct. Mr. Plummer: As far as I am concerned, we accept it. Mr. Paskewich: And we do not object at all. We just saying that there is a problem. Mayor Suarez: Well, every impediment that you find, make sure you get to someone in the Administration, or the Commission, so that we can be sure that, you know, false impediments are not being thrown in your way in favor of other people. Mr. Plummer: When you put in your application again, I think you need to follow up by coping each one of us each time that you do it. Mayor Suarez: That might not be a bad idea. Mr. Paskewich: OK, and I will send you all the court transcripts from the court reporter. Mr. Plummer: Well, I have surrendered... the copies you gave to me in my office this morning, I have surrendered to the Administration and asked them to cause an investigation, to report back as an agenda item, on this Commis— sion. Mr. Odio: July 24th. Mr. Plummer: July 24th, can you finish in that time? It took you seven years to get to this point. Can you finish in two weeks? Mr. Odio: We need two weeks, that is all. Mr. Plummer: OK, fine. Mr. Paskewich: The point that I want to hear from Jerry is, he keeps telling us, and my father, that there is being money held for our project, while they work out their personal problems at their department, and that is the assur— ance we want from him, is that they will still hold it, at least while they finish their paperwork. Mr. Plummer: Jerry? Id 00 a. .:._ ��. `�,� �?`��L r__ • ;;sue Mr. Gereaux: There has been money evi-!!.able throughout tt)e coui6e of the application process and it continues to be available... Mr. Plummer: And how much... well, let me go further than that. How much is your application for? Mr. Paskewich: Between $250,000 and $300,000. Mr. Plummer: I would make a motion at this time that $300,000 be held in reserve and restricted for non-use until such time as this application is resolved. I will offer that in the form of a motion. Mayor Suarez: Moved. Mrs. Kennedy: And follow Commissioner Plummer's advice to copy us, because there has been somewhere a tremendous lack of communication and if we can be helpful, we will be glad to do that. Mayor Suarez: Moved and seconded. That incorporates also the first motion as to this particular application, presumably. Is that correct, Commissioner? Mr. Plummer: It is anyway you want, I don't care. I would say let's do them separately, so that you don't get the Federal bureaucracy mixed up. I move item 69. Mayor Suarez: So moved and seconded. Mr. Dawkins: Under discussion, I want housing as badly as anybody else, but I get tired of people running in here with applications at the last minute, telling me, if we don't vote for it, we lose the money, and I still don't get housing in my area, therefore I will be voting no. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. I am tempted to vote no also, for the same reason, but, maybe I haven't been here long enough to be as impatient. Mr. Plummer: Oh, I would love to vote no, but I am not about to look $2,400,000 in the face! Mayor Suarez: Yes, maybe I haven't been here long enough to be as impatient. Mr. Dawkins: No, but your neighborhood got housing, that is why you can afford to do that. You can afford to say you don't want to lose the $4,000,000, because you don't get the short change every time as I do. Mr. Plummer: No, my neighborhood didn't get... Mr. Dawkins: It doesn't hurt my conscience at all to sit up here and vote against it, not at alll Mr. Plummer: My neighborhood didn't get any housing, it got purse snatchers! You want to trade? Mr. Dawkins: I've got both, no housing and they snatched my wife's... Mayor Suarez: Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-590 A RESOLUTION APPROVING IN PRINCIPLE, THE APPLICATION OF SOUTH FLORIDA, I, LTD., FOR SUBMISSION BY THE CITY OF MIAMI TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A HOUSING DEVELOPMENT GRANT FOR THE CONSTRUCTION OF A 120 UNIT RENTAL HOUSING PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ld 201 July 10, 1986 Upon being seconded by Commissioner Y.,.rnnedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. Mr. Plummer: I move now the $300,000, of whatever that fund is, be restricted until such time as this matter is resolved. Mr. Dawkins: 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. 86-591 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO HOLD IN RESERVE AND RESTRICT AS TO USE $300,000 OF HOUSING AND DEVELOPMENT FEDERAL GRANT MONIES UNTIL SUCH TIME AS THE ADMINISTRATION CONCLUDES AN INVESTI- GATION PRESENTLY UNDER WAY IN CONNECTION WITH A COMPLAINT RECEIVED FROM MR. LANCE PASKEWICH. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 75. A -INSTRUCT CITY ATTORNEY TO DRAFT CHARTER AMENDMENT PROVIDING FOR IN- CREASE IN COMMISSIONERS COMPENSATION. B-REQUEST CHARTER ADVISORY COMMITTEE TO CONTINUE STUDY OF CHARTER AMEND- MENTS. Mayor Suarez: Take up item 98, and 99 and we will go back to three internal items. Please, you have been patient enough to wait. Mr. Robert Traurig: Mr. Mayor, this isn't my item, I... Mayor Suarez: We are going to take up 98 very quickly, and then 99, or, hopefully quickly! Mr. Traurig: I grabbed the microphone, but I am here together with other members of the committee appointed by this Commission to report back to you on the matter of Charter revision, and I would like to introduce Mrs. Norman Kipness Wilson, Peter Rolack, Peter Bernal... Mr. Dawkins: Please stand up, Peter Rolack. When I appointed you, they said I didn't appoint a Black. I want everybody to look at him, please. Sit down, Mr. Rolack. ld 202 July 10, 1986 Mr. Traurig: Carlos McDonald just left. He, unfortunately, couldn't wait for the hearing. He had been here for quite some L3.mc:. I was gives, Li-.0- non. r to chair the meeting. We have sent to you a report on the decisions made by our committee, and we would like to ask that you consider favorably, two of the four items that have been submitted to us. One is to increase the term of the Mayor to four years, and the other is to increase the salaries and the allowances for the Commissioners. The Commission compensation would be $17,500 with a $7,500 expense allowance, and the Mayor's compensation would be increased to $24,500, with an $8,500 expense allowance. I know that everyone in this room, and particularly those of you who are sitting at the table, had the opportunity to evaluate the report in today's Herald, which indicated other compensation, or other allowances and other perks received by the members of this Commission. I would like you to know before you deliberate that those who are here today with whom I have discussed this matter, are unanimous in saying that the recommendations that they are making today would have been the same had they had the benefit of the information contained in today's Herald article. And therefore, although we haven't had a new meeting subsequent to today's information, we are unanimous, and I think that each member of the committee ought to express himself, or herself that we are unanimous in recommending to you that the compensation of each Commissioner be increased to $17,500, with a $7,500 expense allowance, unrelated to the other items that are already being paid to the Commissioners for automobile allow- ances and other special benefits, such as insurance benefits, etc., and that the Mayor's salary be $24,500, with the $8,500 expense allowance. I would also like you to know that there was very substantial support for even higher salaries, and higher allowances, but that this was the consensus at the end of the discussion. With regard to the other two items that were submitted to us for consideration, mainly, the expansion of the Commission and the change of form of management to an executive mayor form, we strongly recommend that if this Commission would like that to be considered, those subjects to be consid- ered, that either the present committee, or a newly formed committee be charged with the responsibility to study that over a period of time and come back to you after a thorough discussion and a thorough study, because we felt that the time was too brief for us to do the kind of research and the kind of in-depth interviews that would be necessary in order for us to reach a respon- sible decision and report that to you, so we would like those two items, we would recommend that those items not be considered by the Commission today, and that the two items of which I have already reported, be considered favor- ably by you. I know that the City Attorney has submitted to you some forms of resolutions, or, if she hasn't then, we are prepared to submit those forms of resolutions, if you want to consider those items favorably. And I would like Mrs. Kipness Wilson and the other members of the board, Mr. Rolack, and Mr. Bernal to have the opportunity to address you. Each person on this board acted very responsibly, deliberated, I think, very properly, and I think was very objective in the consideration of the four items that were submitted to us, so I would ask for their further comment, if they would like. Thank you for the opportunity to serve you. Mr. Carollo: We thank you all very much for your time and efforts and the constructive and positive recommendations that you have made. Mr. Plummer: May I ask a question... I am sorry. Mrs. Kennedy: No, I was going to follow along those lines and add further that despite Mr. Justin Gillis article, the truth is that we do take home $5,000 a year. Internal Revenue is very clear on this tax. We pay taxes on the money that we earn, and we are not expected to consider as salary those monies that we spend in fulfilling our jobs, but I commend you for the work that you all have done. Mr. Plummer: Can I ask a question, Bob? Mr. Traurig: You are not going to vote against it this time, are you, Commis- sioner? Mr. Plummer: Well, it depends. Mr. Carollo: Hey, Bob, do you guys get any more of those basketball shirts? Mr. Plummer: I had asked that the committee consider pension. ld 203 July 10, 1986 Mr. Traurig: Yes, we would like to... I would like to supplement my report. We had in our report to you, if you would look at the recommendation :-Led July 3, the last line on paragraph number three, it is also recommended that the Commission and Mayor be included in the City's pension plan. Mr. Plummer: It is not in the resolution. Mrs. Dougherty: It said administratively. Mr. Plummer: What? Mrs. Dougherty: It said administratively, but not to go to the ballot. Mr. Traurig: We would suggest to you that the resolutions given to you be amended to incorporate that. It was the intention, the unanimous vote of the committee, that the Commission and the Mayor be included in the City's pension plan. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Does it have to go to the ballot, or it doesn't go to the ballot? Mrs. Dougherty: It doesn't have to go to the ballot in order to be in the pension system of the City's pension system. You may not be able to be in it anyway because of the Gates lawsuit without going in and bargaining with your units, without amending the code, so the idea of going to the ballot is not necessary, but what we can do perhaps administratively is to buy you a sepa- rate pension plan, which doesn't need to go to the ballot. Mr. Plummer: OK, so in order words, you're saying that can be handled adminis- tratively without a referendum. Mrs. Dougherty: And that is what they recommended as well. Mr. Plummer: Yes, because I found out last month that the Metro Commissioners do have a pension plan. They are part of the State plan. Mr. Odio: The State. Mr. Plummer: And you know, that is something that is not enjoyed by others, and I think it is unfair. Mr. Plummer: But, we don't want to suggest to you the method in which this could be implemented, but it was the unanimous vote of the committee that in some way, the Commissioners and the Mayor be included in a pension plan, and I think the Manager could make some specific recommendations. Mr. Plummer: OK, well, she is saying it does not have to go to the referen- dum, it can be done administratively. Thank you. Mr. Peter Bernal: One of our members just wanted to say that it was not a brief meeting, it was a very long meeting. We stayed almost three and one- half, or four hours discussing especially, you know, the strong Mayor... Mr. Plummer: Well, for Bob Traurig, three and one-half to four hours is a short meeting. Mr. Bernal: That is very short for him, that is very true. Mr. Plummer: He works by the hour. Mr. Carollo: So what does that leave us to discuss, as far as... Mr. Plummer: We can discuss anything we want. I guess we can accept or reject their recommendations. Mrs. Kennedy: Let me throw something that I think, and since we met that day. Mr. Plummer: Oh, ohl ld 204 July 10, 1986 407 1'i3'yd.< Mrs. Kennedy: We have had this system for many, many years. Voters had a crack to vote at the strong mayor, I think it was last year, when it was overwhelmingly defeated. This could be a way of strengthening the Mayor's job without really going out and telling the voters. I don't think we should do that to the voters. I think we should study the issue in earnest. I think we should wait to see what Dade County proposal does. Let's ask this same committee, and I think that we should state that it should be the same commit- tee and not another one, to look at all the ramifications of these, and report in time to us for the 1987 elections. During that time, nobody will benefit from the new law, because it will not go into effect until 1989. Next year, everybody who runs for Mayor will have to run for two years, and this gives the group at the same time, a chance to study all the legitimate alternatives and the type of government that we want, whether we want Commissioners elected at large, or by districts, or both, and how many Commissioners we should have. Mr. Carollo: Well, obviously that is something that has to be given a lot more time to, looked at much closer and discussed much more, and I think you are right, that the issue of the four year term for the Mayor should go hand in hand with the issue of how many members of the Commission should we have. Should some of them run at large, some from districts, and including in the question of an executive mayor, or a strong mayor, as some call it. I think that should all be lumped into one, and this same committee should keep on discussing that. That leaves us with one other topic. I think the City Attorney stated that the area of pension can be done administratively, if we so want to do it that way. Mr. Dawkins: I am prepared to go along with the recommendation of the commit- tee, and that is, that we put two issues on the ballot, one dealing with the increase in salary, and that the other one deals with the four years for the Mayor, and after that, we can do anything else. I move that we follow the recommendations of the committee that reported back to us. Mr. Carollo: I think that... Mayor Suarez: So moved. I will second it. I guess I can't give it back to you, can I? Mr. Dawkins: Give it to the old man. Mr. Plummer: Who do you mean, the old man? Mayor Suarez: From my perspective, the most important thing is to take up this matter, resolve it, either way, and get on with the business of running the City of Miami. There is plenty of time to amend the Charter, any which way we want. I think that those two, as you stated, and as the committee found, those two reports make great sense, they are very logical, and there would be no reason at all to vote against them, so I would put them before the voters in November. That is right. Mr. Plummer: Are you going to take these issues individually? I think they should be. It is two different resolutions. The first one is the one in reference to the salary increase. I am assuming that is what you moved, Commissioner, and I am assuming that you seconded. Mayor Suarez: I seconded that, yes. Mr. Plummer: Discussion? Any discussion by any members of the Commission? Hearing none, call the roll. Mr. Dawkins: Read the ordinance. You have got to read the ordinance. Mr. Plummer: No, it is not an ordinance, it is a resolution. I will read it. (THEREUPON, Commissioner Plummer reads resolution into the record. See hereinbelow) Motion understood. Call the roll. Id 205 July 10, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-592 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT, FOR CITY COMMISSION APPROVAL AND FOR SUBMISSION TO THE ELECTORATE AT A SPECIAL ELECTION ON NOVEMBER 4, 1986, A CHARTER AMENDMENT PROVIDING FOR AN INCREASE IN ANNUAL COMPENSATION TO BE PAID TO INDIVIDUALS HOLDING THE OFFICE OF COMMISSIONER TO $17,500 WITH A $7,500 EXPENSE ALLOWANCE, AND AN INCREASE TO THE INDIVIDUAL HOLDING THE OFFICE OF MAYOR TO $24,500 WITH A $8,500 EXPENSE ALLOWANCE, SAID AMENDMENT TO CONTAIN AN AUTOMATIC COST -OF -LIVING ADJUSTMENT PROVISION WITH THE INCREASED PAYMENTS BECOMING EFFECTIVE FOR ALL SUCH INDIVIDUALS WHOSE TERM OF OFFICE BEGINS IN NOVEMBER, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. Mr. Plummer: The next one is in reference to a resolution instructing the City Attorney to draft for City Commission approval, and submission to the electorate at a special election on November 4, 1986, a charter amendment providing for an annual increase... a charter amendment providing for a four year term for the office of Mayor, said term to be effective for said office, after the expiration of the term, ending in November, 1987. Mr. Dawkins: Move it. Mr. Plummer: Moved by Commissioner Dawkins. Mayor Suarez: Second. Mr. Plummer: Seconded by Mayor Suarez. Discussion? Call the roll. MORZOH FAILED Motion to increase Mayor's term to four years failed by following vote: AYES: Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez. NOES: Commissioner Joe Carollo Commissioner Rosario Kennedy Commissioner J. L. Plummer, Jr. ABSENT: None. Mrs. Kennedy: I move to consider all the ramifications, as I said before, and to come back to us in time for the 1987 elections. Mayor Suarez: Do you mean to have the same committee? Mrs. Kennedy: The same committee. I think they have done a tremendous job, and I would like to see them remain. Mr. Carollo: I think maybe they could plan a meeting again after we recess in August, and September. ld 206 July 10, 1986 Mr. Plummer: I will be voting against that motion. I think it can still go on the November ballot of this year, and I think the committee has dort'a a very good job and there is no reason that they cannot, in fact, do it between now and the 24th of July for the November 4th ballot and I think as the Mayor has said, let's do it. whatever we are going to do, or don't do it. Mrs. Dougherty: To do what? Mr. Plummer: To the committee to go back and study the consideration of executive mayor, or not executive mayor, and the other ramifications that were brought up by members of the Commission. Mrs. Kennedy: But... Mr. Carollo: OK, and come back by when, J. L.? Mrs. Dougherty: They cannot do it. Mr. Plummer: Wait a minute, I am being told we cannot do it. Why? Mrs. Dougherty: They were saying that they needed much more time to be able to study... Mr. Plummer: They have got two weeks! I mean, is that impossible for you to do, I am asking? Mr. Traurig: It was the sense of the committee that it would be impossible to do. It is such a complicated subject, with so many ramifications, that it really requires a considerable amount of preliminary interviews and discus— sion and study, and analysis of what is done elsewhere and the implications of what is done, and to do that in a brief period of time would do a disservice to the City, and I am not speaking for myself, Mr. Commissioner. Mr. Plummer: No, I understand. Mr. Traurig: I am really speaking for everyone who sat there and I think Peter, who was one of the principal critics of rushing into it, wants to speak to you. Mr. Plummer: OK, hey, you are saying that you don't think that you can do a proper job in two weeks, I understand that. Mrs. Kennedy: So, will you second my motion then, under those circumstances? Mr. Plummer: I don't know about that. Did you put a time frame? I will not agree with the date. Mrs. Kennedy: In time before the next Commission of... Mr. Plummer: No, I will agree to the next election. November of 1987. Mr. Carollo: Sure, there is certainly a possibility. Mr. Plummer: The next regular election. Mr. Carollo: That is certainly a possibility. Mr. Plummer: Yes. Mr. Bernal: Yes, then there will be plenty of time. It might be before Mr. Plummer: Yes, and it doesn't preclude if we want even to hold a special election. Mr. Carollo: That is correct, Mr. Traurig: There will be an election in the spring of 1987. Mr. Plummer: In March, I believe. That's right. ld 207 July 10, 1986 Mr. Traurig: You know, the presidential primaries. So we can... Mr. Plummer: For sure. I'll agree to that. I will second your motion. Mr. Bernal: And we have... (INAUDIBLE, OFF MICROPHONE) Mr. Plummer: Sure. Well, I would still like, if it is agreeable with you to put a 90 day limit on it. Is that agreeable? And if that is not agreeable, then come back, but I think... Mr. Traurig: Well, in view of the fact that a lot of people are going to be gone during August, make it 120 days. It will give us time to... Mr. Plummer: 120 days is fine. Mr. Bernal: 120 will do. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll. Mr. Plummer: No, sir, I am running the meeting! Call the roll. Mayor Suarez: I thought that was Rosario Kennedy's motion and your second? Mr. Plummer: Sir, I stand corrected, you are rights Mayor Suarez: Call the roll, please. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-593 A MOTION REQUESTING THE CHARTER ADVISORY COMMITTEE TO AGAIN MEET AND EXPLORE THE FOUR BASIC ISSUES THEY WERE ORIGINALLY CHARGED WITH, NAMELY: 1. FOUR YEAR TERM FOR OFFICE OF THE MAYOR. 2. INCREASING COMPENSATION TO MEMBERS OF THE CITY COMMISSION. 3. REVIEW EXECUTIVE MAYOR FORM OF GOVERN- MENT. 4. INCREASING THE NUMBER OF MEMBERS OF THE CITY COMMISSION. FURTHER REQUESTING SAID COMMITTEE TO STUDY ALL POSSI- BLE RAMIFICATIONS AND REQUESTING THAT THEY REPORT ON ALL ALTERNATIVES AND THAT THEY COME BACK WITHIN 120 DAYS IN TIME FOR THE NEXT REGULAR ELECTION, AND NOT PRECLUDING THE POSSIBILITY OF A SPECIAL MUNICIPAL ELECTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. ON ROLL CALL: Mayor Suarez: Same committee now, going over all the same items, looking for, God knows when? Well, if they are willing to serve, I suppose why not? I will vote yes. Thank you for your work on the committee. ld 208 July 10, 1986 ,ri�a k et ..fir, k_... ...+* ... - 76. PUBLIC HEARING ON BAYCREST HIGHWAY IMPROVEMENTS; STREETS TO BE RAISED AND NO SIDEWALKS ARE TO BE BUILT. Mayor Suarez: Item 99. State your name and address, please. Mr. Morton J. Kaplo: My name is Morton Kaplo. I am a property owner at 7851, 7841, and 7848 Dunham Boulevard, that is five lots, approximately 300 feet on Dunham Boulevard, and I am here to talk about, with reference to the Baycrest resolution of highway improvements. I just heard about this yesterday, and I have a couple of objections, one of course, being that I have never been informed. I've owned the property approximately three years now, and I have not been informed of this Baycrest improvement in this area, never received a notice in the mail. I understand there were blue cards sent out for objec- tions or not objecting to making this improvement - never received it, and I understand there are other homeowners in the area who have never received these cards, or have been notified of any of these meetings that have taken place in the past. Now, I am not normally against improving in an area, and it is not just the money that we are talking about, but I would like to state, based on reading some of the reports here from the City Manager to the Commis- sion, with regard to the deterioration of the area and the flooding in the area, we don't have this problem on Dunham Boulevard from 79th Street to the bay. We have no such problem, and we would be creating a big problem if we go through putting the sidewalks through Dunham Boulevard area, because, the way our homes, our properties are situated, I have 24 units, two buildings on one side of the street, and another building on the opposite side of the street, and my neighbor, this morning was nice enough to take these photos. If they put, and I would like to pass these around if the Commission would like to see it, but the way this is set up now, for most of the property owners on Dunham Boulevard, we have parking backed up one car behind another, and my 24 units are approximately 50 cars for the 24 units, that is approximately two cars per family. Our people, there are hardly any children in the area, it is mostly blue collar workers, husband and wife, each has a job, each has a car. You put a sidewalk through this area, which isn't necessary, it is only two short blocks. The are of Dunham Boulevard is set up beautifully, it is a wide street. If you look at the pictures of the street, if you have them, we all blacktop our own, take care of our own area in front of the properties for the parking of these vehicles, we don't need sidewalks, and if we put sidewalks through, you are going to cut our parking at least in half, and there will be no place for our tenants to put our cars. Mayor Suarez: Let me just hold that one particular argument. Is there any reason why they have to have sidewalks in the streets that he is referring to? Mr. Don Cather: Other than for people to walk on, that is about the only reason we have sidewalks. Mr. Kaplo: Yes, but there aren't any people walking over there. It is two blocks from... Mr. Cather: He is parking on City property for his condominium units and he has got... Mr. Kaplo: It's not condominium, these are rental properties. Mr. Cather: Well, rental units. He has got parking on the sidewalks from the streets to where the sidewalks would be. Now, you look at... Mr. Kaplo: Yes, but if you take a look at those pictures, we have got black- top going across there, and across the street we have pebbles that we take care of. Mr. Cather: Perpendicular parking is not preferred in the City of Miami. We have been through this many, many times about perpendicular parking. That is what you have got there, and that is what you tried to eliminate throughout the City, is perpendicular parking on residential streets, where they have to back out onto the street, and by going in most cases, we would lose probably about six or seven spaces by going to parallel parking. ld 209 July 10, 1986 Mr. Kerlo: Well. I object to that six or seven spaces. I've got it figured out to at least 24 spaces that would be lost, for my three pieces of roperty. The gentlemen next to me would lose six on his and he has got ten units. Mayor Suarez: They have perpendicular parking right now. Mr. Plummer: But it is dangerous, that is the problem. Perpendicular park- ing, you have got to back out into the street, and it is without question, the... Mr. Kaplo: It is 80 feet. Dunham Boulevard is 80 feet across. It is the widest street in the area. Mr. Plummer: Sir, still when you back out into the street, it is not the same as pulling from regular parallel parking. You have to admit that. Mr. Kaplo: Yes, of course. Mr. Plummer: OK? And what we have tried to do in the City is to eliminate the perpendicular because of the safety hazard, and... Mr. Kaplo: What do we do with the parking? You know, we don't have a throughway of traffic. It is not an area like 79th Street, or any other street where traffic goes through. It goes two blocks from 79th Street to the bay, and it stops. There is not that much traffic going through. I don't hardly remember ever seeing, if ever, an accident on the street. I am not saying there wasn't, but I don't remember ever seeing one, but... and we don't have a flooding problem, which is another thing stated in these reports. There is no flood... there may be one around the corner, possibly, or two blocks over, on loth Avenue, 78th Street.. (INAUDIBLE BACKGROUND COMMENTS) Mr. Kaplo: That is where it is? Well, that doesn't affect us at 79th Street, on Dunham Boulevard, and where our area is, never have a problem with flood- ing, so, I would like to... and of course again, I will say, I have not been notified, and some of my neighbors have never been notified of these improve- ments through any kind of a letter or blue cards. Now, I don't know why. Mr. Plummer: Are you the owner of record, sir? Mr. Kaplo: Yes, I've got my... Mr. Plummer: Is it in your name, or a corporation? Mr. Kaplo: Yes, in my name, and my wife's name, and I've got my tax receipts here to prove it for the three buildings. Mr. Cather: We get the standard tax rolls furnished to us by the County. The mailing labels are prepared and we send them to all automatic property owners. All the letters go out to the property owners. Occasionally, somebody is not on the tax rolls, and we don't get the label, and it doesn't go out, but we have had two public meetings in the area, we have advertised both public hearings, and... Mr. Kaplo: I have been paying taxes for three years on it, and I have got the '86 tax rolls right here, and I have three or four people that have not been notified. Mayor Suarez: Let me ask you this. Are your views reflected by the rest of the group? Why don't you give us each your name and address at least, so we know. Mr. Kaplo: OK, I'd like to defer to John North. Mr. John North: Thank you. My name is .John North, 7800 Dunham Boulevard. I have a ten unit building there, and I have eleven parking spaces for my tenants, and if they put a sidewalk and a curb in there, and make parallel parking, then I will have room for five cars only, six will have... where are they going to park, across the street on the other people's property? They are going to have a parking problem across the street the same as I am going to have on my side. That is the only reason I am against this. I went and ld 210 July 10, 1986 rre�."_Zrktiv�+}+.Ea�,'k`'�'��}��.1 1� "a'tiS1`7"`".kF''* . NO t saw Mr. William Parks at the Department of Public Works, and also the engi- neer, and they said there was urli.. ; Ul�Yle t`'iat were for t.h : sidewalk and curb area, and that is on N.E. Bayshore Court, where there are a lot of condominiums by the bay, and the rest of the area, on N.E. Bayshore Drive, Dunham Boulevard, N.E. 78 Road, N.E. loth Court, those people were all against it, because of parking problems. On a 60 foot lot, you can put six cars in there, driving in. If you put a sidewalk and a curb, you get three parking places, three are cut off, that is what is going to hurt. Now, these are mostly one bedroom... these are rental areas, one bedroom apartments, very few two bedroom apartments. The husband works and the wife works. Each has a car, each one goes their own way. That is what creates the problem for the landlords who have rental property in that area, and I talked with the City engineer, and he admitted... the other day I went down there and saw Mr. Parks and the engineer and we discussed this thing there for about an hour. He says, yes, he admits that it is going to cause a parking problem in that area. That is about all I have to say on that, and Mr. Kaplo is right about some of them not receiving notification for these meetings. A lady lives across the street from me, Helen Kibbel. She lives in Miami Beach in Forte Towers and she did not receive any of these... nothing about these meetings or these improvements that they want to make in that area. I received one. That is it. I didn't get no card for coming up for this meeting either. If I wasn't at the last meeting, I wouldn't even know that this meeting is going to be held today, and Mr. Gross, right behind me, he didn't get his either. Mayor Suarez: OK, why don't you give us... the rest of the group give us your name and address. Mr. Dawkins: Mr. Manager... Mayor Suarez: Wait a minute. Commissioner Dawkins, go ahead. Mr. Dawkins: Can you have Mr. Walter Pierce tell me when those buildings where built, what was the parking requirement at that time, and were they notified that they would need parking, or what happened, sir? Mr. Odio: Yes, sir, we will find out for you. Can you tell him now? Mr. Pierce: Specifically, which building, sir? Mr. Dawkins: What is the address, sir? Mr. Kaplo: 7851, 7841 Dunham Boulevard. Mayor Suarez: These two that have vertical parking? Perpendicular parking, not vertical parking. Mr. Dawkins: 7840, 7848, and 70... what, sir? Mr. Kaplo: 7851. Mr. Dawkins: 7851. Mr. Pierce: There were probably one space or less per unit if they were built prior under ordinance 6871, which was in effect from about 1968 to 1983; no more, at the most, one and one-half spaces per unit. Mr. Odio: Are they in compliance? Mr. Pierce: As long as they got the parking they were built with, they are in compliance. Mr. Kenneth Most: My name is Kenneth Most, and I own the house at 1060 N.E. 78 Road, the apartment house with 12 apartments. The house has 15 parking spaces at the rear. It also has parallel parking at the front. It appears to me that this expenditure would not be necessary in relation to the property that I own, and therefore, I oppose it. Mr. William Gross: Well, I have four units. William Gross is my name, and I live at 1036 N.E. 78 Road, and the parking in which I can get by with it, but these men here are really up against it, and I would ask a favor of you - go out there and look for yourself and see. These people have a lot of money invested, and I think you should go out and look at it. It would be a hard- ship against them. ld 211 July 10, 1986 A Mayor Suarez: Sir, z Give us your n^m, fi„e ^AA-^ Mr. Constantine Molinovsky: My name is Constantine Molinovsky. I am a resident of 1026 N.E. Little River Drive. I am representing a consensus of people living on 78th Street and N.E. Little River Drive. We, in general accepted the four propositions you have on your letter. The extension of the street to 22 feet, our pavements will be bordered with multiple curb and gutter, no sidewalks. The new pavement will be constructed and elevated to slightly above the extreme height level. It is all acceptable to our little group, which is 78th Street and N.E. Little River Drive, so one thing I would like to suggest, maybe. To avoid... Mayor Suarez: Let me understand you correctly. The present proposal then, is acceptable to you? Mr. Molinovsky: Yes, to our group, 78th Street and N.E. Little River. We are a residential group. Mayor Suarez: Well, the other ones are residential, but you mean single family residential? Mr. Molinovsky: We are single family, but they are apartments, so they have a problem, they have a parking problem. We don't have that problem, we are individual homes. My suggestion, maybe we could find a way of doing a curb, a rolling curb, instead of with a straight up gutter, which will solve their problem also. What does the engineer say? Mr. Plummer: Hello, there! Mr. Molinovsky: I would like to ask the engineer, my suggestion to solve the problem of these people, instead of putting a gutter with a straight up edge, why don't you put in a rolling gutter, which will give us a chance of straightening out the streets, solving our water problems everywhere, cleaning up the place, and yet it will leave them a chance to park their cars on the street, in that... Yes, but anyway, they are trying to improve the area, and yours also. Maybe that is the solution. Do you understand... Mr. Cather: I think that possibility that has very definite merit to it, and I would agree with you 100 percent, were it not for the fact that the perpen- dicular parking in front of these areas is illegal. Mr. Molinovsky: Well, you are broaching on something which is already not in your jurisdiction. They have been doing it for "X" times of years. We are trying to solve a problem and you want to improve the area. To improve the area, I am suggesting, make a gutter which will be a rolling gutter. Mr. Dawkins: Are you suggesting, sir, that because the cars are parked illegally, you want me to send the police out there and ticket every one of them? Mr. Molinovsky: Well, I don't suggest. No, no, I don't, because I don't think it is right! Mr. Dawkins: OK, then. OK, I don't either, sir. Mr. Molinovsky: But, they have been doing it for how many years? Mr. Dawkins: That still doesn't make it right. It is still illegal. Mr. Molinovsky: Well, I agree with you. Mr. Dawkins: OK, but, if they have been doing it, and so let's don't go out and create another hardship, right? Mr. Molinovsky: Well, if it a hardship. I don't know, if they don't feel it is a hardship, sir, I am just trying... Mr. Dawkins: I mean, go out and put tickets on cars that have been parked illegal, just because we were discussing... we don't want to do that. Mr. Molinovsky: Well, maybe you will have to do... ld 212 July 10, 1986 �. ufi Y5 ,. 1p nil Mr. Dawkins: OK, sir, all right. Mr. Molinovsky: OK, I thank you. Mayor Suarez: Thank you for your suggestion and testimony. Go ahead, sir. Mr. Peter Shonlank: My name is Peter Shonlank. I live in the same neighbor- hood. This is comprised of apartment houses and private homes. The private home owners, we will agree that they wanted to lift the street up and put in the... Mr. Dawkins: Curbing. Mr. Shonlank: The curb for the waterway, and to upgrade the drainage system they have. See, it is an area where it comes in and you have private houses and then you have the apartments close to 79th Street. Now, I don't know how they can resolve it where one has it good, and the other one doesn't have it. All right, whatever solution they make, if they send us the letters, you know, we will see if we can agree to it. We had a meeting last week, and all the homeowners were there, the apartment people were not there, you know, and it has been that way right from the beginning, you know the apartment owners, they just don't show up at the meeting. You know, but the homeowners, we show up, because we want to have the neighborhood looking good, so we have come to a certain agreement with the highway department, so I don't know what they can go from here on. You know, I have no idea. Mayor Suarez: I keep looking at that flooded area in front of us. Mr. Shonlank: All right, that flooded area...(INAUDIBLE, OFF MICROPHONE)... Mayor Suarez: Couldn't you solve the flooding problem without having to build sidewalks and curbs where the people don't want them? Mr. Cather: You can solve the flooding problem by raising the street only, yes, we can, but as far as sidewalks again, you know, it is a question, do you want sidewalks, or don't. In other words, you are... Mr. Shonlank: Nobody wants sidewalks. Mayor Suarez: I haven't heard anybody saying anything about wanting a side- walk here today yet. Mr. Cather: OK, now remember, when you talk about people not wanting side- walks, we have whole areas, large areas of the City where we do not have sidewalks, and the question was brought up this morning, who is going to maintain that area, so again, I am assuming that we if do not build sidewalks, that these property owners are going to maintain the landscaping and the grass up to thee curb. Mayor Suarez: They do it in many areas of Miami. Mr. Cather: I know, I know this. I am fully aware of that. Mr. Shonlank: (INAUDIBLE, OFF -MICROPHONE) Mrs. Shonlank: (INAUDIBLE, OFF -MICROPHONE) Mayor Suarez: OK, why don't you go ahead and approach the mike and tell us about it in a little bit more formal way. Mrs. Phyllis Shonlank: My name is Phyllis Shonlank, and I live at 1039 N.E. Little River Drive. I have been there for 14 years and the problem is you put in a sewer system and a drainage system and the drainage system that you people put in you are not maintaining. If you could fix it, you probably would have fixed it. You don't know what to do. Your solution is spending people's money again. That doesn't solve anything. Another thing, what you proposed on the letter is a compromise. The people who own the private homes, we agreed to it. and we will stand by our agreement. What you are going to do to these people that own apartment buildings is discourage the renters from coming to this area. Right now, the people who rent in this area are working class people with two vehicles, no children basically, and it is nice and ld H 213 July 10, 1986 W quiet. If you discourage those type:7 of peopl: from Ver`ino, then these people will have to lower their rent, and get in people who subsidize their incomes, or some other kind of people that don't want to rent, or don't have to rent, you know, by paying with their paychecks, and that is a darn shame. Their property values will go down. Also, you think you have all the answers, because every time I have met with you, this is the fourth time, you speak as if you know what the people want. Why do you think people are running away from Miami? You don't know what we want. Ours is a very stable community, the people who... Mayor Suarez: Ma'am, let me see if I can follow what the consensus of the citizens is, and propose that we send this back,and I so move, to the Public Works Department, that with the instructions that the street be raised, and not, and the sidewalks not be built and the plan be redrafted that way. So moved. It is just a motion right now. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Mr. Dawkins: Any further discussion? Mrs. Caroline Gaynor: Do I qualify as further discussion? Mayor Suarez: Are you going to oppose that? Mr. Dawkins: No, go right ahead, Madam, go right ahead. Mrs. Gaynor: No, no. We all received a letter yesterday stating exactly that, Mayor Suarez, that our street is going to be raised, that the curbs... that we are not going to have sidewalks, our street isn't going to be widened very much... Mayor Suarez: Who sent you that? Mrs. Gaynor: Cather, or the Planning commission. This is just for NE. 78th Street. My name is Caroline Gaynor. I live at 960 N.E. 78th Street. This is just for 78th Street, and N.E. Little River Drive. My concern, and that of my neighbor on one side, and my neighbor across the street is that even the raised street has to be considered carefully, because it is flood land, and it is, when it does rain heavily, the water goes into the ground, this is why we don't want sidewalks, so there will be ground for the water to go into, instead of sitting on the sidewalk. Also, when the high tide comes in, a high street could hold water back onto the properties on either side, act as a dam, in effect, unless there is some really adequate drainage system, some really adequate storm sewer system. Now, in a letter we received, there was no mention of a really adequate storm sewer system. If we were... Mayor Suarez: Let me interrupt you for a second. The letter July 2, 1986, under signature of Mr. Cather, just by adjusting paragraph 3, where it says, "No sidewalk, or paved on street parking lanes will be constructed adjacent to the single family residences", if it is simply applied generally through the construction of the neighborhood, where the project is being constructed, it would satisfy everyone, it seems to me. Mrs. Gaynor: Yes, as long as the street... Mayor Suarez: Here, it is only... you know, it is limited to single family residences, but if it applied generally, I don't think there would be any problem. Mrs. Gaynor: I don't either, as long as the street level is not going to affect the lands that are actually on the river. I mean, if we have an assurance that the storm sewer is actually going to take off the rain water, great. I mean, that is what we all want. Mayor Suarez: I so move, it is the same thing, with the difference that the... there is no sidewalks or marked parking for areas that are adjacent either to the single family residences, or otherwise to the apartment houses either. That will be my motion, and I believe it has been seconded. ld 214 July 10, 1986 Mrs. Gaynor: OK, are you going to vote on it, because I had something else I would like to... Mayor Suarez: That is what we hope. The following motion was introduced by Mayor Suarez, who moved its adoption: MOTION NO. 86-594 A MOTION DIRECTING THE ADMINISTRATION TO SEND BACK TO THE DEPARTMENT OF PUBLIC WORKS PROPOSED CONFIRMING ORDERING RESOLUTION FOR BAYCREST HIGHWAY IMPROVEMENT PHASE II (H- 4522) WITH INSTRUCTIONS THAT STREETS BE RAISED AND SIDE- WALKS NOT BE BUILT IN THIS AREA PURSUANT TO REQUEST FROM NEIGHBORS IN THE AREA. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: Thank you, very much. Mrs. Gaynor: I have something else that I would like to say to everyone here and particularly to the Commissioners. Miami is a very wonderful place to live these days. Mr. Carollo: It certainly is. Mrs. Gaynor: The spirit of cooperation, of democracy, of unity, is quite exceptional. I am glad to be a resident of N.E. 78th Street, it is particular- ly apparent at Unity Center, where I am a member with approximately 1,400 other people. This Sunday we are having a concert choir. Our concern choir has been gaining national notoriety. I know you are all very busy, but I would love it if you would do yourselves a favor and come and listen to this quite remarkable music. Mr. Carollo: It will be Sunday at what time? Mrs. Gaynor: This Sunday... I have an invitation for you, Joe. Mr. Carollo: Great. Mrs. Gaynor: It is this Sunday at 7:00 o'clock. You are all invited. It is free. There is plenty of parking. Mayor Suarez: Is that 7:00 a.m. or 7:00 p.m. Mrs. Gaynor: P.M., please, on Sunday! And there will be refreshments after- wards. I will just read to you very briefly what we put into the various newspapers: Miami Unity Choir is celebrating its second annual concert. Our multinational singers are representing a repertoire of contemporary inspira- tional selections. The 30 member choir has made a special dedication to this event and as a group, we are representative of the rich cross cultural synthe- sis which is unfolding in South Florida, and we invite all South Florida to join us." OK? Mayor Suarez; Thank you, Caroline. Thank you for your invitation. ld 215 July 10, 1986 77. ADVERTISE FOR BIDS FOR CONSTRUCTION OF FLAGAMI SANIIAR Y SEWER IMPROVE- MENT, Mayor Suarez: Item 65. Anybody have any problems with item 657 Any Commis- sioner wants an explanation or wants to move it? Sanitary sewers in Flagami. Dies for lack of interest? (INAUDIBLE BACKGROUND COMMENTS) Mr. Dawkins: Move it. Mr. Plummer: Move it. Mayor Suarez: Moved, seconded. Any discussion? Call the roll on item 65. Mr. Carollo: Hold on. I want to see... OK, fine. Mayor Suarez: Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-595 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86-191, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF FLAGAMI SANITARY SEWER IM- PROVEMENT IN FLAGAMI SANITARY SEWER IMPROVEMENT DISTRICT SR-5511-C (CENTERLINE SEWER) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 78. ACCEPT COMPLETED WORK OF RIC-MAN INTERNATIONAL INC. FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT -PHASE I(BID B). Mayor Suarez: Item 66, final payment, East Little Havana Highway Improvement. Mr. Plummer: Wait a minute, where is that? Mr. Cather: That is the work between S.W. 6th Avenue, east of the Miami River, between 1st and 5th Streets. Mr. Plummer: Absolutely not. That work is not completed There is two dips in that road. Would 4th Avenue in front of Jose Marti park be involved? Mr. Cather: That was a separate job in front of Jose Marti Park. That is one street, there. Mr. Plummer: 4th Avenue? ld 216 July 10, 1986 Mr. Cather: The one that runs right in front of the Park? Mr. Plummer: Is this included on 4th Avenue, or not? Mr. Cather: No, that is a separate job. Remember, we let that separate contract.... Mr. Plummer: Well, that is a horrible thing. Mr. Cather: That was held up for the completion of the park, and then we went back there. Mr. Plummer: You say this is 100 percent completed? Mr. Cather: This is a 100 percent complete. Mr. Plummer: I move item 66. Mayor Suarez: So moved, is there a second? Mrs. Kennedy: I need a few minutes. Mayor Suarez: I need a second, but she needs a minute. Sorry about that, it is a long day. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-596 A RESOLUTION ACCEPTING THE COMPLETED WORK OF RIC-MAN INTERNATIONAL INC. AT A TOTAL COST OF $385,730.83 FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I - (BID "B") IN EAST LITTLE HAVANA HIGHWAY IMPROVEMENT DISTRICT H-4487; AND AUTHORIZING A FINAL PAYMENT OF $43,356.31. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 79. ACCEPT COMPLETED WORK OF RIC-MAN INTERNATIONAL INC. FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID F) Mayor Suarez: Item 67, final payment. Mr. Plummer: Move it. Mayor Suarez: Moved. Is there a second? Sorry, dies for lack of interest! ld 217 July 10, 1986 �—.. -. - 7 t :i� s� -ef- w�kr•�r � r��,��1�,��' '`��?5��,�»ii '� u- yvT fh.1 y�.,St .id Mr. Vawl6 i_s. ThaL is it, you say? Mayor Suarez: No, we didn't get a vote on it. We didn't get a second on item 67. Mr. Dawkins: Well, 67 was the last item, wasn't it? Mayor Suarez: Yes. Mr. Carollo: Moved. Mr. Dawkins: Joe said he moved it. 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. 86-597 A RESOLUTION ACCEPTING THE COMPLETED WORK OF RIC-MAN INTERNATIONAL INC. AT A TOTAL COST OF $714, 360.60 FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID "F") IN EAST LITTLE HAVANA HIGHWAY IMPROVEMENT DIS- TRICT H-4487; AND AUTHORIZING A FINAL PAYMENT OF $74,975.27. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THERE BEING NO FURTHER BUSDiESS TO COKE BEFORE THE CITY COMMISSION. THE MELTING VAS ADJOURNED AT 8:26 P.K. ATTEST: Natty Hirai CITY CLERK Xavier L. Suarez N A T 0 R * INCORP Id e 218 IVY OF MIAMI ow DOCUMENT MEETING CAT JULY 10, 1986 INDEX - COMMISSION RETRIEVA DOCUM IT IDENTIFICATION ACTION AND CODE NO. DOWNTOWN DESK DASH CONDUCTED BY THE DOWNTOWN MIAMI ASSOCIATION (JULY 17, 1986). AUTHORIZE STREET CLOSURE AND SALE OF BEER/WINE AT SAID EVENT. AUTHORIZE A PROPOSAL FOR THE LEASE OF 1,375 SQUARE FEET PROPERTY SITUATED IN THE CITY OF MIAMI'S LUMUS PARK FOR HISTORICAL PUR- POSES. ACCEPT BID OF ALFRED LLOYD & SONS, INC. TO FURNISH DEMOLITION SERVICES AT 451 N.W. 4TH STREET (DEPARTMENT OF BUILDING AND ZONING) AT A TOTAL PROPOSED COST OF $4, 900. ACCEPT BID OF VISTA BUILDING MAINTENANCE SERVICES, INC. TO FURNISH CUSTODIAL AND GROUNDS MAINTENANCE SERVICES FOR THE COM- PUTERS DEPARTMENT ($8,892.72). BID ACCEPTANCE - M C 0 CONSTRUCTION, INC. FOR DEMOLITION SERVICES FOR PROPERTIES LOCATED IN OVERTOWN PARK/WEST REDEVELOPMENT PROJECT AREA. ALLOCATED $25,000. FOR THE REMOVAL OF ASBESTOS ON ALL PROPERTIES; ETC.... BID ACCEPTANCE - MIRI CONSTRUCTION, INC. ($2,154,795.70) FOR WEST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I B-4510; ETC... BID ACCEPTANCE - DOUGLAS N. HIGGINS, INC. ($2,270,915.) FOR WINONA SANITARY SEWER BID ACCEPTANCE - E. SANS & ASSOCIATES, INC. ($43,380.00) FOR WYNWOOD SANITARY SEWER REPLACEMENT PROJECT, ETC... RESCIND AWARD TO STARDUST JANITORIAL; ACCEPT BID OF JAY CEE CLEANING SERVICE FOR MANUEL ARTIME COMMUNITY CENTER CUSTODIAL SERVICES. :1 k i i' 86-526 86-527 85-529 86-530 86-531 86-532 86-533 86-534 OCUMENToi�DEx CONTINUED IMUKi KT ID:KTIMATION ALLOCATE $30,000.00 TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES FOR THE "1986 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES". ALLOCATE $30,000. IN SUPPORT OF THE 1986MISS HISPANIC HERITAGE PEAGEANT; ETC.... RATIFY, APPROVE, AND CONFIRM CITY MANAGER'S ACCEPTANCE OF $38,469.44 GRANT FROM METROPO- LITAN DADE COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW INCOME FAMILIES; ETC... AUTHORIZE TO PURCHASE ONE PARCEL OF LAND (PARCEL 25-1) IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA. AUTHORIZE CITY MANAGER TO ACCEPT RENTAL REHABILITATION PROGRAM GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ($332,000.) TO INCREASE SUPPLY OF AFFORDABLE STANDARD HOUSING FOR LOWER INCOME FAMILIES. ACCEPT THE PLAT ENTITLED MIAMI EDISON SCHOOL SITE FIRST ADDITION; ETC... ACCEPT THE PLAT ENTITLED ST. AGUSTIN SUBDI- VISION; ETC... ACCEPT THE PLAT ENTITLED FIRST ADDITION TO WEST DUNBAR SCHOOL SITE; ETC... DESIGNATE AND APPOINT: THE CITY MANAGER, THE DIRECTOR OF FINANCE DEPARTMENT, OR THE RISK MANAGER AS THE PROPER CITY OFFICIALS TO SIGN MOTIONS FOR CONTINUANCE ON BEHALF OF THE CITY IN ANY PENDING LITIGATION THAT INVOLVE THE CITY OF MIAMI. AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EMPLOYMENT AGENCY AND THE SENIOR CENTERS OF DADE COUNTY, INC. FOR COORDINATION SER- VICES IN CONNECTION WITH HOME SAFETY IN- SPECTION PROGRAM. 86-535 86-536 86-537 86-539 86-540 86-541 86-542 86-543 86-544 OCUMENT11NDEX CONTINUED +N IDENIVICATI" AUTHORIZE CITY MANAGER TO EXECUTE AND AGREE- 86-545 MENT WITH THE LITTLE HAVANA DEVELOPEMT AUTHORITY FOR PROFESSIONAL SERVICES. AUTHORIZE THE CITY MANAGER TO NEGOTIATE 86-546 AND ENTER INTO AN AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE FOR DEVELOPING THE LIBERTY CITY EDUCATIONAL CENTER ($500,000.). AUTHORIZE AN INCREASE IN THE CONTRACT WITH 86-547 FRANK J. MORAN, INC. FOR THE CONSTRUCTION OF CURTIS PARK SPORTSFIELD LIGHTING ($9990.) AUTHORIZE CITY MANAGER TO EXTEND THE PRO- 86-548 FESSIONAL SERVICES AGREEMENT WITH THE AC- COUNTANT FIRM OF COOPERS & LYBRAND ($175,000.) FOR AUDITING SERVICES; ETC..... ALLOCATE $20,000. FOR THE SUMMER -DISCO 86-549 SPLASHDOWN TO BELAFONTE TACOLCY CENTER, INC. FOR SPORTS DEVELOPMENT PROGRAM TO YOUTH FROM THE MODEL CITY TARGET AREA OF THE CITY OF MIAMI. AUTHORIZE CITY MANAGER TO ADVERTISE FOR, 86-551 RECEIVE BIDS AND AWARD A CONTRACT(S) FOR REPLACING/RENOVATING THE ROOF AND THE PRESS BOX AT MIAMI BASEBALL STADIUM ($775,000.). PROVIDE FOR REDEMPTION OF CERTAIN OUTSTANDING 86-552 CITY OF MIAMI, FLORIDA PARKING SYSTEM RE- VENUE BONDS, SERIES 1983. AUTHORIZE SALE OF $16,275,000. PARKING 86-553 SYSTEM REVENUE BONDS SERIES 1986; ETC... AUTHORIZE SALE OF $16,000,000. PARKING 86-555 SYSTEM REVENUE BONDS. APPROVE/ADOPT ANNUAL BUDGET FOR WORLD TRADE 86-556 CENTER GARAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 ($843,027.). APPROVE ANNUAL BUDGET OF THE DOWNTOWN GO- ' 86-557 VERNMENT CENTER GARAGE. ($311,796.). OCUMENT,mINDEX CONTINUED WN6ZKT IDNIVIGATIM APPROVE/ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR OPERATION OF GUSMAN HALL AND OLIMPIA BUILDING ($798,099.). AUTHORIZE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNA- TIONAL ASSOCIATION OF FIREFIGHTERS; ETC.... AUTHORIZE/DIRECT CITY MANAGER TO SELECT/NEGO- TIATE/EXECUTE AND AGREEMENT WITH MANAGING UNDERWRITER ($20,000,000.) FOR CERTIFICA- TES OF PARTICIPATION IN A LEASE PURCHASE. AUTHORIZE CITY MANAGER TO IMPLEMENT COLLEC- TION PROCESS FOR DELINQUENT SOLID WASTE FEE BILLS; ETC..... RATIFY/APPROVE/CONFIRM THE ACTIONS OF CITY MANAGER IN FINDING THE DEMOLITION OF THE COMMERCIAL STRUCTURE AT 7500 BISCAYNE BOULE- VARD TO BE AN EMERGENCY PROJECT; ETC... APPOINT: HAYDEE CEBALLOS, HOWARD GARY AND RAUL MASVIDAL TO THE CITY OF MIAMI AUDIT ADVISORY COMMITTEE. APPOINT MAURICE FERRE TO THE AUDIT REVIEW COMMITTEE TO REVIEW THE WATER AND SEWER AUTHORITY. APPOINT: ORLANDO URRA, DENIA SPILLMAN, CARLOS DE VARONA, PAT MILLERSON AND HOUSING CONSERVATION AND DEVELOPMENT ADVISORY BOARD. ALLOCATE $2,000. FOR ATHLETIC BUDGETS FOR EACH: EDISON, JACKSON AND MIAMI SENIOR HIGH SCHOOLS. ACCEPT THE BID OF OCEAN BAY CONST., INC. ($84,995.00), FOR FORT DALLAS PARK PLAZA - PHASE I. DESIGNATE "ENTERPRISE ZONE" IN THE CITY PURSUANT TO CHAPTER 290, FLORIDA STATUTES. 86-559 86-561 86-562 86-563 86-564 86-567 86-572 ocu�ENriwDEx CONTINUED :):P.vbcgT ID: nriCATION APPROVE IN PRINCIPLE THE APPLICATION OF 86-590 SOUTH FLORIDA I. LTD., TO THE U. S. DEPART- MENT OF HOUSING AND DEVELOPMENT GRANT. INSTRUCT CITY ATTORNEY TO DRAFT CHARTER 86-592 AMENDMENT PROVIDING FOR INCREASE IN COMMIS- SIONERS COMPENSATION. AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED 86-595 BIDS FOR THE CONSTRUCTION OF FLAGAMI SANITA- RY SEWER IMPROVEMENT, DISTRICT SR-5511- C (CENTERLINE SEWER). ACCEPT THE COMPLETED WORK OF RIC-MAN IN- 86-596 TERNATIONAL, INC. ($385,730.83) FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID "B"), DISTRICT H-4487. ACCEPT THE COMPLETED WORK OF RIC-MAN INTER- 86-597 NATIONAL INC. AT A TOTAL COST OF $714,360.60 FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I - (BID "F"), DISTRICT H-4487.