HomeMy WebLinkAboutM-86-0505q 411
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO.
Miller J. Dawkins
Vice Mayor
FROM: Lucia A. Dougherty
City Attorney
DATE- June 25, 1986 FILE:
SUBJECT Solid Waste Disposal and
Transfer Fee Increase, and
Agreements between the City
REFERENCES: and Dade County
ENCLOSURES: ( 1
In response to your request that I review the agreements
that the City of Miami has with Dade County, looking for
potential increases in rent or for potential breach or default on
the County's part, we have reviewed those agreements provided by
the General Services Administration. The Agreements and our
comments are as follows:
I. With regard to an Agreement entered into on
February 5, 1968, between the City of Miami and
the Economic Opportunity Program, Inc., such lease
calls for the leasing of Dorsey Park Facility for
thirty (30) years on a month to month basis for
the sum of $175.00 per month as fair monthly
rental value constituting the rental fee. This
Agreement can be terminated by either party with a
thirty (30) day written notice of cancellation.
On March 13, 1972, a Supplemental Agreement was
entered into whereby the Dade County Community
Action Agency requested to be substituted as
lessee in lieu of the Economic Opportunity
Program, Inc. The terms of the February 8, 1966
Agreement are binding in the Supplemental
Agreement. As a result of the terms of this
Agreement, it appears that the City can terminate
this agreement without cause by giving the County
thirty (30) days written notice of cancellation.
II. With regard to an Agreement entered into on
June 3, 1966, between the City of Miami and
Economic Opportunity Program, Inc. for the leasing
of Manor Park (Hadley Park) Facility, on a month
to month basis, for the sum of $404.40 per month
to be paid by the County as rent, this agreement
can be terminated at will by either party with a
thirty (30) day written notice of cancellation.
On March 13, 1972, a Supplemental Agreement was
entered into whereby the Dade County Community
Action Agency requested to be substituted as
lessee in lieu of the Economic Opportunity
86-505
Miller J. Dawkins June 25, 1986
Vice Mayor Page 2
Program, Inc. The terms of the June 3, 1966
Agreement are binding in the Supplemental
Agreement.As a result of the terms of this
Agreement, it appears that the City can terminate
this agreement without cause by giving the County
thirty (30) days written notice of cancellation.
III. With regard to an Agreement entered into on
March 19, 1981, between the City of Miami and the
County for the leasing of the second floor of the
City of Miami Municipal Justice Building, formerly
called the City Jail located at 1145 N.W. llth
Street, for a rental f,ee of $1.00 per annum and in
the event the County can seek funds for
reimbursement from the State or Federal
governments for refugee assistance than a sum per
year equal to six dollars ($6.00) per square foot
for the space occupied. The term of the Agreement
is for two (2) years and the extension of the use
of this facility by the County is permitted on a
month to month basis upon mutual consent of both
parties and is cancellable by either party upon
thirty (30) days written notice.
IV. With regard to an Agreement entered into on
November 1, 1971, between the City of Miami and
Dade County, the Agreement calls for the leaving
of the following libraries which are within the
corporate limits of the City of Miami and are
known as the City of Miami Library System:
1. Allapattah Library
2. Coconut Grove Library
3. Dixie Park Library
4. Edison Center Library
5. Grapeland Heights Library
6. Lemon City Library
7. Little River Library
9. Shenandoah Library
10. West Flagler Library
The term of this lease is for a period of thirty
(30) years commencing on November 1, 1971 and
terminating on October 31, 2001, and the parties
have the right to mutually agree for an extension
of this lease on such terms and conditions as are
deemed appropriate. The rent provision on this
8t -505•
Miller J. Dawkins June 25, 1986
Vice Mayor Page 3
lease is that the County shall pay the City a
yearly rental of One Dollar ($1.00), the first
payment to be made by the County to the City shall
be on November 1, 1971, and on the same date each
year thereafter. In accordance with the
provisions of Chapter 71-240, Laws of Florida
1971, after the second year of this lease, the
rental shall be payable only from funds arising
from sources other than ad valorem taxation. As a
result of the terms of this lease, it appears that
the lease will be in existence until
October 31, 2001, and will possibly be extended
upon mutual consent of the parties.
V. With regard to an Agreement entered into on
April 26, 1976, between the City of Miami and the
County, the Agreement calls for the leasing of
property to be used and occupied as a Solid Waste
Transfer Station and for no other purposes or uses
whatsoever for a period of thirty (30) years. The
lease is to begin running on August 20, 1976 and
will terminate on August 20, 2006. The total rent
due on this lease is One dollar ($1.00). The
terms for this lease shall become null and void in
the event that the leased premises ceases to be
used as a Solid Waste Transfer Station and
surrender of the premises shall be within thirty
(30) days after receiving written notice that said
lease is null and void.
VI. With regard to an Agreement between the City and
Dade County dated August 23, 1984 for the Seaport
Bridge, and amendment thereto executed on the same
date, this Agreement does not provide the City
with any rental payments. When the Port Bridge is
built, the City has agreed to sell an easement to
the County for the lands necessary for the bridge
footing. The value of the land will be determined
at the time of the construction of the bridge and
will be established on an appraisal basis pursuant
to a formula for selection of arbitrators, which
is provided for in the Agreement. The Agreement
is fully executed by both parties.
VII. With regard to an Agreement between the City and
Dade County dated December 20, 1983, and Amendment
No. 1 to that Agreement dated October 2, 1985, for
8 j;.50 5-$
Miller J. Dawkins
Vice Mayor
June 25, 1986
Page 4
provision of Fire, Rescue and Inspection Services
at the Port of Miami, the City has agreed to
provide Fire, Rescue and Fire Inspection Services
at the Port of Miami for approximately $250,000
compensation per year through October 15, 1987.
Currently there is an Amendment to the Agreement
being prepared for Commission review whereby the
City would provide Building Tnspection and
Permitting services at the Port of Miami and
receive all permitting fees. There may be a
possible default on the part of the County with
regard to the Fire Services in the purchase of
insurance to protect against any liability which
may be incurred by the City in providing the
contracted services.
Therefore, unless Dade County is in default of its
obligations under these agreements and fails to cure such
defaults, the City may not terminate or unilaterally change the
conditions of these leases. Exceptions of the above are the
leases involving the Dorsey Park Facility which is a thirty (30)
year lease on a month to month basis and is cancellable without
cause on thirty (30) days written notice; the Manor Park (Hadley
Park) Facility which is a thirty (30)*year lease on a month to
month basis and cancellable without cause on thirty (30) days
written notice and the City Jail facility which is now a month to
month tenancy. Accordingly, we have prepared the attached
resolution for your consideration terminating such agreements.
LAD:JJC:bss:M002
61;--50 5
RAFTJ-86-568 ,r•
6/25/86
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILL AND INTENT
OF THE CITY COMMISSION IN OPPOSING A PROPOSED
INCREASE IN SOLID WASTE DISPOSAL AND TRANSFER
FEE BY METROPOLITAN DADE COUNTY; DIRECTING
THE CITY MANAGER TO GIVE THE NECESSARY NOTICE
TO TERMINATE THE FOLLOWING MONTH -TO -MONTH
LEASES: (a) DORSEY PARK FACILITY, 1701 NW 1
STREET; (b) MANOR PARK (HADLEY PARK)
FACILITY, 1300 NW 50 STREET, AND (o) JAIL
FACILITY AT 1145 NW 11 STREET; FURTHER
DIRECTING THE CITY MANAGER TO INFORM THE CITY
COMMISSION OF ANY FUTURE REQUESTS FOR USE OF
CITY PROPERTY OR SERVICES, OR OF RENEWALS OF
THE SAME; FURTHER DIRECTING THE CITY CLERK TO
FORWARD A COPY OF THE HEREIN RESOLUTION TO
THE COUNTY MANAGER AND TO THE BOARD OF COUNTY
COMMISSIONERS.
WHEREAS, the City of Miami has continuously cooperated with
Metropolitan Dade County throughout the years by making available
to the County at its request properties owned by the City at a
reduced rent or at nominal cost; and
WHEREAS, the provision of Fire, Rescue and Inspection
Services to the Port of Miami, as well as the leasing of said
properties including:
1. Dorsey Park Facility, 1701 NW 1 Street;
2. Manor Park (Hadley Park) Facility, 1300 NW 50
Street;
3. Jail Facility, 1145 NW 11 Street;
4. Miami Library System
a. Allapattah Library
b. Coconut Grove Library
c. Dixie Park Library
d. Edison Center Library
e. Grapeland Heights Library
f. Lemon City Library
g. Little River Library
h. Shenandoah Library
i. West Flagler Library;
5. Solid Waste Transfer Station;
S. Port Bridge;
expresses a continued spirit of cooperation with Metropolitan Dade
County; and
WHEREAS, Metropolitan Dade County has indicated its desire to
increase the solid waste disposal and transfer fee to the City
which will lead to an increase of $2,000,000 in the charges to
City of Miami citizens; and
WHEREAS, the City Commission opposes said increase as being
unnecessary and unreasonable and which will ultimately result in
an increased cost to the City of Miami; and
86-505;
41
FA
WHEREAS, the City of Miami has in the past provided full
cooperation with the County as outlined above;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. It is the expressed will and intent of this
Commission to oppose an increase in the solid waste disposal and
transfer fee as proposed by Metropolitan Dade County.
Section 2. In the event that such disposal and transfer
fee is approved by Metropolitan Dade County,- the City Manager is
hereby directed to give the requisite notice to terminate the
following month -to -month leases: (a) Dorsey Park Facility, 1701 NW
1 Street; (b) Hadley Park (Manor Park) Facility, 1300 NW 50 Street
and (c) Jail Facility at 1145 NW 11 Street, and to inform the City
Commission of any future requests of Metropolitan Dade County to
the City to utilize City property at a reduced fee or at nominal
cost. Further, when certain lease terms expire, the City Manager
is directed to bring said requests for renewal to the attention of
the City Commission prior to negotiating the same.
Section 3. The City Clerk is hereby directed to forward a
copy of this resolution to the County Manager and to the Board of
County Commissioners of Metropolitan Dade County.
PASSED AND ADOPTED this day of
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
JOHN J. COPELAN, JR.
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY, CITY ATTORNEY
JJC/rr/M158
, 1988.
XAVIER L. SUAREZ, MAYOR
1
E
CITY OF MIAMI• FLORIDA
INTER -OFFICE MEMORANDUM
�O Mr. Cesar Odio 1966 JU 1 f) FI1; Q June G, 198G
City Manager O FILE
Metro Dade's Apparent
\ SUBJECT Insensitiveness to
City of Miami's
Mil J. Dawkins Commission Request
FROM• Vice -Mayor REFERENCES For Parity
ENCLOSURES:
I read the attached letter from the County Manager. Please put
on the agenda for June 26, 1986 City Commission Meeting, a
discussion of raising rental on property Dade County leases from
the City of Miami.
Additionally, include how we can demand a rental fee for allowing
the proposed Seaport Bridge to set down on City's property.
Rental fee should be a percentage of the annual seaport receipt.
By copy of this letter to the City Attorney, I am asking that her
office draft the appropriate ordinances or resolutions necessary.
to do the above.
blp
cc: Honorable Mayor
City Commission Members
21
SG-505'
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. ALBERT RUDER GATE: June 26, 1986 FILE:
Ma gement Service Administrator
SUBJECT: Special Transcript Request
excerpt minutes of June 26, 1986.
Proposed increased fees to
FROM C*ATTYIRAI REFERENcMetropolitan Dade County.
City Clerk
ENCLOSURES.
Enclosed herein please find an excerpt from the Minutes
of the June 26, 1986 City Commission Meeting, which this
office has completed upon your request.
MH:er
Encl a/s
DISCUSSION IN CONNECTION WITH PROPOSED RAISE OF RENTAL FEES
PAID BY THE COUNTY TO THE CITY (CONTINUED TO THE CITY
COMMISSION MEETING OF JULY 10, 1986.
Mr. Plummer: 21.
Mayor Suarez: Item 21, Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, I have here a
memo that I received...did either of you get this?
Mr. Plummer: I got it this morning.
Mr. Dawkins: OK. All right, the...Dade County is unfairly
charging us a bundle of money, and according to what I have
gotten here, its about four items that we can raise the rent on
if Dade County continues to be unreasonable. I would like to
have the Administration prepare for me something to go before the
County Commission with informing them that for leasing of Dorsey
Park...OK. All right. I will read here what the City Clerk
brought back ... I mean, the City Attorney. It says, "In response
to your request ---she reviewed the agreements with the City ---the
agreements and the comments are as follows: With regard to an
agreement entered into February 5th between the City of
Miami ... we don't have to worry about that one. Number
two ... number three is one that I think we can do. OK. "With
regards to an agreement entered into on March 19, 1981, between
the City of Miami and the County, for the leasing of the second
floor of the City of Miami Municipal Justice Building, they pay
us one dollar per year and the Federal government for Refugee
Assistance, give us six dollars a year." I would like to raise
that to a million and a half a year.
Mr. Plummer: That's the first one?
Mr. Dawkins: Yes, number three.
Mr. Plummer: Number three?
Mr. Dawkins: Yes, number three for the jail. And with the
libraries that they are getting from us for a dollar a year...
Ms. Dougherty: Those have fixed terms.
Mr. Dawkins: Fixed terms? All right, Madam City Attorney, what
about four, five, I mean?
Ms. Dougherty: The ones that you have some leverage with...
Mr. Dawkins: OK.
Ms. Dougherty ... is if you look on the resolution that's attached
to that, we are on a month to month lease for Dorsey Park, Hadley
Park and the jail facility.
Mr. Dawkins: OK. And the Miami library system we can't touch?
Ms. Dougherty: Correct.
gl 1 June 26, 1986
Ms. Dougherty: We can't do anything about that either.
Mr. Dawkins: All right, then I would like to raise the jail to
two million dollars a year, Dorsey Park to a hundred thousand,
Manor Park to a hundred thousand and when it comes to the Port
bridge, I would like to see us enter into a percentage basis
where Dade County will pay us a percentage of the gross tonnage
that goes through that Port and comes over that bridge, instead
of paying us one time. The Port Authority is an independent
entity. It has nothing to do with Dade County taxes. It
operates on its own. So, anything that we get from the Port does
not hurt Dade County at all because it's an independent agency,
and I think that for allowing them to bring a bridge over, for
them to bring the tonnage from the Port that comes in on the
ships, we should get a percentage of the total gross dollars that
they make for that, and that would be my...
Mr. Plummer: Let me give you another one.
Mr. Dawkins: OK. Go ahead..
Mr. Odio: Beckham Hall, sir.
Mr. Plummer: At this particular point, they are unrealistically
paying us to provide them with fire and rescue protection. As I
recall, the Chief told me the other day that the amount of money
does not even nearly cover what we have to keep...
Mr. Odio: That's right.
Mr. Plummer: ... in personnel and equipment just to make it
available to them. I think their contract is what? Fifteen
thousand a month?
Mr. Odio: Yes, sir.
Mr. Plummer: And in realistically, it should be in the
neighborhood of a hundred thousand a month.
Ms. Kennedy: I think that the name of that tax is...
Mr. Dawkins: Raise that to a hundred thousand.
Ms. Kennedy: I think that the name of that tax is highway
robbery. I mean, I share your concerns for the City to get a
fair return in its properties, but the City also profits from its
seaport activities. You know, hotels in the City rent rooms to
people who go out on cruises. The Port provides jobs for people.
The taxi drivers get them. I don't know.
Mayor Suarez: As long as we are all throwing items into this,
and this is not one that we can do anything about, but when I was
first sitting on this Commission, very soon afterwards, and in
deference to the negotiations that had taken place by this
Commission with the County Commission on the issue of the Water
and Sewer Board, went along with the recommendation to be paid
and to settle that lawsuit against the County for having taken
basically, assets of the City of Miami worth any where from two
hundred to four hundred million dollars, and I went along with
the settlement that paid us no more than two million dollars for
refurbishment of the Orange Bowl, and I did that in deference to
the County and in good faith, and here seven months later, I see
the County coming around and asking us for an increase of ... what
is it, almost two million dollars? -and I don't think that they
have acted in good faith, and I will just throw that item in
because this Commission could have spent weeks in debating
whether that was a fair settlement of that lawsuit. Now, of
course, I deferred also to Commissioner Plummer, I believe, who
headed that Committee and that the, you know, the work that was
done on it, but ... and I never made an independent evaluation for
gl 2 June 26, 1986
myself from my own legal standpoint, all because we wanted to
have spirit of cooperation with the County, and here seven months
later they turn around and they try to impose this huge increase
on us, and I want to congratulate all the Commissioners that have
been working to make the County aware of what we can do if we get
into a...I don't want to say the word that comes to my mind, but
a match of whatever.
Mr. Dawkins: Well, Beckham Hall, Mr...
Mayor Suarez: Resource match here.
Mr. Dawkins: Mr. Mayor, Beckham Hall is another facility where
they have a work release program run by the County, and they are
getting that for a dollar a year. So, I would like, Mr. Mayor,
to continue this until the July 10, 1986, meeting where I can
come back with some figures that we can look at and some costs
that should be submitted, and ... and Mr. Mayor, I'm not playing.
I'm not into this for no argumentative or what have you. I am
going through this to charge the County for this. I'm not trying
to buffalo them or bully them into doing nothing, you know. This
is ... I am really sincere about charging the County for these
facilities. I mean, I'm not going through this exercise of
futility, see. Now, maybe I'm the only vote up here that's in
favor of that, I have no problems with that, but I don't want the
press and nobody else to let the Commissioners think that I'm
playing, because I'm not playing at all.
Mayor Suarez: It sounds like you have got your figures down.
Mr. Plummer: No, you are playing, you are playing hard ball.
Mr. Dawkins: OK.
Mayor Suarez: Yes.
Mr. Dawkins: OK. So, I would like to continue it until the next
meeting please, Mr. Mayor, so I can come back with something that
makes more sense.
Mayor Suarez: So, moved and seconded...
Ms. Kennedy: uh huh, second it.
Mayor Suarez: Seconded, call the roll.
Mr. Plummer: May I...
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Under discussion, may I
write a letter to the "cigar" in the
these items are forthcoming and that
consideration for his budget this year.
Mr. Odio: Yep.
Mayor Suarez: It will be drafted...
suggest that you as Mayor
County, informing him that
he needs to keep them in
Mr. Plummer: I think you should put him on notice that that is
what this Commission is working on, and that we fully intend for
him to have the allocations in his budget for these facilities if
he intends to use them.
Mayor Suarez: And Madam City Clerk, I will add to that, with
Commissioner Plummer's permission, the transcript of what has
been stated so far on this particular issue, because...I know, I
don't know quickly you can get that. So, we will get the letter
off in any event, but we will send that attachment forthwith so
that they know how this Commission feels.
gl 3 June 26, 1986
don't know quickly you can get that. So, we will get the letter
off in any event, but we will send that attachment forthwith so
that they know how this Commission feels.
Mr. Plummer: I would also invite them to the meeting on July
loth.
Mr. Dawkins: Yes, by all means.
Mr. Plummer: I would invite, Sergio, to the meeting to come here
and to be part of the discussions. He has nothing more to do in
the County.
Mayor Suarez: I want to thank Warren Butler for having
volunteered to write that letter between now and this afternoon.
I see him smiling over there. Someone from the City Manager's
Office, if you would prepare a draft, I would appreciate it, and
we will go over it and get it signed.
Mr. Plummer: Tell Sergio, we will send a limousine and a box of
cigars. He will come.
Mayor Suarez: OK. Please call the roll on the motion to
continue discussion.
The following motion was introduced by Commissioner Dawkins,
who moved its adoption:
MOTION NO. 86-505
A MOTION TO CONTINUE CONSIDERATION OF (a)
INCREASE OF RENTAL FEES ON CITY PROPERTY
LEASED TO THE COUNTY AND (b) IMPOSITION OF
RENTAL FEE FOR PLACEMENT OF SEAPORT BRIDGE ON
CITY PROPERTY TO THE MEETING OF JULY 10,
1986, FOR FURTHER INFORMATION.
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.
gl 4 June 26, 1986
SPECIAL TRANSCRIPT REQUEST BY: ,•�
S u b j e c t :.4yW
Meeting Date:_ 6 a & — ? & Agenda item VNo._ a,
Label No. Tape Nob -_-�_ Request Date: — 6
•
Assigned to: _ Completion Date:-
v
Proofread by: Corrected by:
Transmitted under cover -memo: Handcarried:
Released though not proofread to:
86-5171