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HomeMy WebLinkAboutCC 1986-05-07 Minutes. :.T►fit '. ,r- �_- r. 1 • III �• ..��y ..,, �� OF DEFYING HEIR ON May 7 ► 1986 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk 'opw`:<' 4sY2 3 ,� r 5r i i �f -,1 tz. { k 4� i a INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA MAY 7, 1986 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS. PRESENTED 1 5/7/86 2. CONSENT AGENDA. 5/7/86 2.1 CONFIRM DESIGNATION OF THE MIAMI R-86-307 MAGIC CELEBRATION THE CITY'S 90TH 5/7/86 BIRTHDAY, AS A CITY OF MIAMI EVENT. 2.2 ALLOCATE $10,000 AS A CASH GRANT TO R-86-308 THE FLORIDA RECREATION AND PARK 5/7/86 ASSOCIATION, INC., IN CONNECTION WITH THE 1986 STATE CONFERENCE. 2.3 WAIVE DOCKAGES FEES FOR USE OF R-86-309 BICENTENNIAL PARK DOCKAGE 5/7/86 FACILITIES, IN CONNECTION WITH "OPERATION SAIL 1986." 2.4 EXECUTE NEGOTIATED AGREEMENT BETWEEN R-86-310 THE CITY OF MIAMI AND MINOT, DEBLOIS 5/7/86 & MADDISON TO PROVIDE SERVICES RELATED TO THE INDUSTRIAL LAND USE NEEDS STUDY. 2.5 EXECUTION OF QUIT CLAIM DEED: JOSE R-86-311 A. ABIN. 5/7/86 2.6 BID ACCEPTANCE: SOUTHEAST R-86-312 ENVIRONMENTAL CONSULTANTS, INC. 5/7/86 THIRTY TWO (32) MONITORING WELLS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A COST OF $10,976.00. 2.7 BID ACCEPTANCE: DEBRA TURF AND R-86-313 INDUSTRIAL CO. (ONE (1) GOLF COURSE 5/7/86 FAIRWAY AERATOR AND ONE (1) GREEN MOWER) DEPARTMENT OF PARKS AT A COST OF $14,264.00. 2.8 BID ACCEPTANCE: LAWMEN'S AND R-86-314 SHOOTERS SUPPLY, INC. FOR FURNISHING 5/7/86 (ROOF MOUNTED LIGHT BARS AND PARTITIONS FOR POLICE PATROL VEHICLES DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A COST OF $20.272.33. 2-3 3 3 3 4 4 4 4 5 A 1P 2.9 BID ACCEPTANCE: SWIMMING POOL R-86-315 5 i CHEMICALS TO THE DEPARTMENT OF PARKS 517/86 i� AND RECREATION (ALLIED UNIVERSAL CORP. AT A PROPOSED COST OF $43,260.00, BISCAYNE CHEMICAL LABS, INC. AT A PROPOSED COST OF $7,875,00) AT A TOTAL PROPOSED COST �. OF $52,097.00. 2.10 BID ACCEPTANCE: FOR BASIC GROUNDS R-86-316 5 MAINTENANCE SERVICES AT FORTY (40) 5/7/86 1 CITY PARKS AND FACILITIES (STARDUST JANITORIAL AND LAWN SERVICES IN THE AMOUNT OF $10,920.00 AND E. & L. LAWN AND TREE SERVICES, INC. IN THE AMOUNT OF $4,385,00 FOR FURNISHING) (DEPARTMENT OF PARKS AND RECREATION, TOTAL COST: $36,725,00.) + 2.11 ACCEPTING THE PROPOSALS OF ARMANDO R-86-317 5-6 FOJON ROYO, INC. IN THE PROPOSED 5/7/86 i AMOUNT OF $18,900,00 ROLLY CLEARING AND LANDSCAPING, INC. IN THE I PROPOSED AMOUNT OF $6,851,00. AND COCONUT GROVE LOCAL DEVELOPMENT CORPORATION IN THE PROPOSED AMOUNT OF $14,091.00 FOR FURNISHING BASIC GROUNDS MAINTENANCE SERVICES AT j TWENTY (20) SMALL CITY PARKS. 2.12 BID ACCEPTANCE: M. VILA & R-86-318 6 ASSOCIATES, INC. IN THE PROPOSED 5/7/86 AMOUNT OF $535,954.10 (WYNDWOOD HIGHWAY IMPROVEMENT B-4514). a 2.13 BID ACCEPTANCE: COMPAIR MAKO, INC. R-86-319 6 (REPLACEMENT OF EXISTING NON 5/7/86 FUNCTIONING AND NON —REPAIRABLE HIGH _ PRESSURE BREATHING AIR COMPRESSOR ON AIR PURIFICATION SYSTEM NOW INSTALLED ON AIR TRUCK NO. 1) DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, AT A TOTAL COST OF $13,313.00. 2.14 BID ACCEPTANCE: GOODYEAR TIRE & R-86-320 7 RUBBER CO. $102.219.16. FEDAN TIRE 5/7/86 CO. $24,829.64. NORTON TIRE CO. $40,056.00 BALADO NATIONAL TIRE CO. $2,105.60 MARTINO TIRE CO., INC, $1,319,50. AND BANNER DELTA TIRE CO. $3,202.24 FOR VARIOUS CITY DEPARTMENTS ON A CONTRACT BASIS FOR ONE (1) YEAR, AT A TOTAL COST OF $173,732. 2.15 RESCINDING AWARD OF BID TO A.J. R-86-321 7 PARKER INC. 5/7/86 2.16 ORDERING RESOLUTION: BAYCREST R-86-322 7 HIGHWAY IMPROVEMENT — PHASE II H— 5/7/86 'a 4522. *`- 2.17 PLAT ACCEPTANCE: PELAEZ—ZOGBY. R-86-323 7 Y Q. 5/7/86 n d fth " tr 2.18 PLAT ACCEPTANCE: GILBERTO IZQUIERDO. R-86-324 8 z .. 5/7/86 t i 2.19 AMEND 86-149 BY PROVIDE ADDITIONAL COMPENSATION OF $2,406.00 FOR ACQUISITION OF PARCEL 44-A (SOUTHEAST OVERTOWN/PAR WEST PROJECT AREA.) i 2.20 EXECUTE CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD., FOR A GENERAL SERVICES COST ALLOCATION j PLAN (15,000,00) 2.21 INCREASE CONTRIBUTIONS TO THE GROUP BENEFITS SELF INSURANCE FUND FOR RETIRED EMPLOYEES. 2.22 SEEK COMPETITIVE PROPOSALS - PROVIDE ADMINISTRATIVE SERVICES, GROUP TERM LIFE INSURANCE, AND GROUP MEDICAL STOP LOSS INSURANCE COVERAGE FOR THE CITY GROUP BENEFITS PLAN. i 3. GRANT BEER/WINE PERMIT TO B.N.M. ATTRACTIONS, INC FOR "REGGAE JAM IN THE PARK." } 4. APPROVE URINALYSIS DRUG SCREENING TESTS CONDUCTED BY CONSULAB FOR _ POLICE DEPARTMENT. 5. APPROVE BUDGET FOR "HISTORIC PRESERVATION: DOWNTOWN SPECIAL 1 REVENUE FUND. 1 6. ACCEPT BID: TREE MASTERS, INC. AND CUYAHOGA WRECKING CORP. FOR DEMOLITION OF STRUCTURES FOR DEPT. = OF FIRE. 7. BRIEF COMMENTS REGARDING BID _ ACCEPTANCE OF ALLIED UNIVERSAL CORP., BISCAYNE CHEMICAL LABS, INC. AND BURRIS CHEMICALS INC. FOR SWIMMING POOL CHEMICALS. (SEE LABEL #2) 8. ACCEPT BID: PITMAN PHOTO, RICH PHOTO, AND MPI INTERNATIONAL FOR PHOTOGRAPHIC SUPPLIES. 9. A -DISCUSSION ON POTENTIAL REMOVAL OF ALL PRESENT MEMBERS OF THE SPORTS AUTHORITY. B-DEFER CONSIDERATION OF PURCHASE OF PARCEL 44-H IN OVERTOWN. 10. ALLOCATE $300,000 FOR 1987 BOARD OF GOVERNORS OF THE INTERAMERICAN DEVELOPMENT BANK MEETING. 11. DISCUSSION: COMMUNIST PARTICIPATION OF SISTER CITY CONFERENCE 1988. 12. BEGIN DRAFT OF CHARTER AMENDMENT TO PROHIBIT LEASE OF CITY PROPERTY UNLESS FOLLOWING 90 DAYS FOR 4 PROPOSALS, ETC. 13. DISCUSSION RE CABINET'S WITHDRAWAL OF THE WATSON ISLAND APPLICATION. ' 14. DRAFT PROPOSAL FOR REFERENDUM FOR COMPLETION OF NOGUCHI PLAN IN k BAYFRONT PARK. r ,k- R-86-325 8 5/7/86 R-86-326 8 5/7/86 R-86-327 8 5/7/86 R-86-328 5/7/86 R-86-329 5/7/86 R-86-330 5/7/86 R-86-331 5/7/86 R-86-332 5/7/86 DISCUSSION 5/7/86 R-86-233 5/7/86 M-86-334 M-86-335 5/7/86 R-86-336 5/7/86 DISCUSSION 5/7/86 R-86-337 5/7/86 M-86-338 5/7/86 M-86-339 5/7/86 0 9-10 10-13 13-15 15-16 16 16-17 17-20 21-25 26-27 27-28 28-32 33-34 f. 15. AGREEMENT WITH MIAMI CENTER R-86-340 34-38 1 ASSOCIATES FOR MIAMI CONVENTION 5/7/86 CENTER RETAIL SHOPPING SPACES INTO EXHIBIT AREAS. 16. APPROVE CONSTRUCTION DISBURSEMENT R-86-341 38-53 SCHEDULES FOR MODERATE AFFORDABLE 5/7/86 HOUSING OFF CLAUGHTON ISLAND AT SHELL CITY AND EAST LITTLE HAVANA SITES. 17. FIRST READING ORDINANCE: AMEND SEC. FIRST 53-56 5 OF 9539 - AUTHORIZE BOND PROCEEDS READING TO BE USED FOR FINANCING LOANS TO 5/7/86 DEVELOPERS; ETC. RE CONSTRUCTION OF PRIVATE RENTAL LOW AND MODERATE INCOME UNIT. 18. DEFER LOAN PROGRAM OFF 1984 GENERAL DISCUSSION 56 OBLIGATION HOUSING BONDS. 5/7/86 19. DEFER (1)OLYMPIC SAILING AND DISCUSSION 57-59 TRAINING CENTER, (2)ACCEPT BID OF 5/7/86 SOUTHEASTERN CONCRETE FLOOR CO. FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT AND (3)ACCEPT BID OF PRE CONSTRUCTION CO. FOR DESIGN PLAZA HIGHWAY IMPROVEMENT. 20. SECOND READING: CHANGE RATE SCHEDULE ORDINANCE 59-60 FOR MIAMI CONVENTION CENTER. 10103 5/7/86 21. CONTINUE PROPOSED ORDINANCE TO M-86-342 60-66 CREATE A NEW DEPARTMENT OF HOUSING 5/7/86 CONSERVATION 7 DEVELOPMENT AGENCY. 22. FIRST READING ORDINANCE: ALLOW FIRST 66-67 PLANNING ADVISORY BOARD MEMBERS TO READING CONTINUE TO SERVE IN OFFICE AFTER 5/7/86 TERM EXPIRES. 23. FIRST READING ORDINANCE: AMEND FIRST 67-70 ANNUAL APPROPRIATION ORDINANCE TO READING REFLECT TRANSFER OF BUILDING AND 5/7/86 ZONING FUNCTION TO NEW BUILDING AND ZONING DEPARTMENT. k 24. DISCUSSION OF APPOINTMENT TO GENERAL DISCUSSION 70 EMPLOYEES' AND SANITATION EMPLOYEES' 5/7/86 RETIREMENT TRUST (SEE LABEL 27). 25. BRIEF COMMENTS ABOUT BUILDING AND DISCUSSION 70-71 i ZONING DEPARTMENT (SEE LABEL #23). 5/7/86 26. FIRST READING ORDINANCE: ADOPT CITY FIRST 71-72 AFFIRMATIVE ACTION PROGRAM - READING h++ ESTABLISH POLICY. 5/7/86 f } 27. (CONTINUED DISCUSSION): APPOINT RON R-86-343 72-73 THOMPKIN AS REPLACEMENT MEMBER OF 5/7/86 THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (SEE LABEL 24). 28. OPEN BIDS FOR CONSTRUCTION OF CITY M-86-344 73-74 WIDE HIGHWAY IMPROVEMENT PHASE II B- 5/7/86 4515 (SEE LABEL #30). ( 29. DISCUSSION OF BOND COUNSEL. (SEE DISCUSSION 74-77 LABELS #37,#40, #42). 5/7/86 { ,I 1. 30. BRIEF COMMENTS ON CITYWIDE HIGHWAY DISCUSSION IMPROVEMENT BIDS (SEE LABEL #28). 5/7/86 31. ALLOCATE S25,000 FOR "CHRISTO BY THE M-86-345 BAY" FILM ON ISLANDS. 5/7/86 32. ADVERTISE FOR SEALED BIDS FOR M-86-346 CONSTRUCTION OF N.W. 8 STREET ROAD R-86-347 HIGHWAY IMPROVEMENT H-4520. 5/7/86 33. DISCUSSION ON FLORIDA POWER LIGHT DISCUSSION UNDERGROUND WIRES. 5/7/86 34. COMMENTS ON WATER PROBLEMS. DISCUSSION 5/7/86 35. CONFIRM ASSESSMENT ROLL FOR R-86-348 CONSTRUCTION OF MANOR HIGHWAY 5/7/86 IMPROVEMENT - PHASE I. 36. COMMENTS ON PROBLEMS WITH SPORTS DISCUSSION AUTHORITY (SEE LABEL 9-A). 5/7/86 37. A) REGISTRY OF THREE LAW FIRMS FOR M-86-349 PRIMARY BOND COUNSEL. B) ACCEPT M-86-350 PROCEDURE TO SELECT PRIMARY BOND 5/7/86 COUNSEL. (SEE LABELS 29, 40, 42). 38. ACCEPT BID: SOUTHEASTERN CONCRETE R-86-351 FLOOR COMPANY FOR NORTH RIVER DRIVE 5/7/86 HIGHWAY IMPROVEMENT B-4501. 39. ACCEPT $125,000 FROM DADE COUNTY FOR R-86-352 MISS U.S.A. PAGEANT AND TRANSFER 5/7/86 SAID MONEY TO HOST COMMITTEE. 40. A) ACCEPT LAW FIRMS G. HOLLAND & M-86-353 KNIGHT; GREENBERG, TRAURIG, ASKEW, M-86-354 HOFFMAN, LIPOFF, ROSEN & QUENTEL; M-86-355 AND BROAD & CASSEL AS PRIMARY BOND COUNSEL. B) RANK SAID FIRMS. C) ROTATE SAID FIRMS AFTER EACH NEGOTIATION BY CITY ATTORNEY. (SEE LABELS #29, #37, #42) 41. DISCUSSION OF BAYFRONT PARK DISCUSSION AMPHITHEATER (SEE LABEL #43) 5/7/86 42. ANNOUNCE RANK ORDER OF PRIMARY BOND DISCUSSION COUNSEL (SEE LABEL #29, 37, AND #40) 5/7/86 43. A) DEFER GUIDELINES FOR R.F.P. FOR M-86-356 Y DEVELOPMENT OF BAYFRONT PARK R-86-357 AMPHITHEATER. B) ESTABLISH BAYFRONT M-86-358 PARK AMPHITHEATER PROGRAM ADVISORY 5/7/86 COMMITTEE: ALAN WEISBERG, HOWARD GARY, TINA HILLS, SKIP SHEPPARD, DAN PAUL. C) APPOINT COMMISSIONER KENNEDY AS CHAIRPERSON OF ABOVE COMMITTEE (SEE LABEL #41) 78 78-79 80-85 85 85-86 86-87 87 87-93 93-94 94-95 - 96-109 109-111 111-112 112-122 44. BID PROCEDURE WAIVED FOR R-86-359 122-123 IMPROVEMENTS OF MARINE STADIUM FOR 5/7/86 PHIL DONAHUE SHOW. t 45. ACCEPT BID: MET CONSTRUCTION FOR R-86-360 123-124 f ORANGE BOWL JOIST REPLACEMENT. 5/7/86 46. PERMIT TO UNITED STATES YACHT RACING R-86-361 124-125 UNION FOR USE OF KENNEDY PARK AS 5/7/86 TRAINING SITE FOR OLYMPIC SAILING TEAMS. 47. AGREEMENT WITH UNITED YACHT RACING R-86-362 125-126 UNION FOR ALTERNATE SITE FOR OLYMPIC 5/7/86 SAILING TRAINING. 48. AMEND GUIDELINES FOR MINORITY AND R-86-363 126-127 WOMEN BUSINESS AFFAIRS AND 5/7/86 PROCUREMENT COMMITTEE. 49. APPOINT RUDY SANCHEZ TO LATIN R-86-364 127-128 QUARTER REVIEW BOARD. 5/7/86 50. APPOINT ILEANA ACOSTA AS DIRECTOR OF R-86-365 129 FOUNDATION FOR BAYSIDE SPECIALTY 5/7/86 CENTER. 51. REQUIRE DEVELOPERS SUBJECT TO IMPACT M-86-366 130-135 FEES ORDINANCE TO PROFFER VOLUNTARY 5/7/86 COVENANT BY WHICH DEVELOPER WOULD BE BOUND BY FUTURE IMPACT FEE ORDINANCE. 52. DISCUSSION OF LOCATION OF OFFICES DISCUSSION 135-136 FOR NEW HOUSING AGENCY. 5/7/86 53. REFER TO CITY ATTORNEY REQUL'ST FROM M-86-367 136-140 "YE LITTLE WOOD" GROUP FOR 5/7/86 DESIGNATION OF PART OF PINE AVENUE AS PRIVATE ROAD. 54. ALLOCATE S30,000 FOR MIAMI YOUTH M-86-368 140-141 BASEBALL WORLD SERIES. 5/7/86 55. CLOSE CERTAIN STREETS, ESTABLISH R-86-369 141-145 AREA FOR VENDORS, ALLOW BEER/WINE 5/7/86 FOR GOOMBAY FESTIVAL. 56. HOLD IN ABEYANCE $30,000 PREVIOUSLY M-86-370 145-149 EARMARKED FOR FLORIDA HOUSING 5/7/86 COOPERATIVE INC. UNTIL THEY PROVIDE FEASIBILITY PLAN. 57. GRANT BERTHING OF NAVAL VESSELS IN M-86-371 150-152 BICENTENNIAL PARK, SUBJECT TO 5/7/86 PERMITS. 58. SUSPEND THE APPLICATION OF THE "HOLD M-86-372 152-159 HARMLESS AGREEMENT" FOR 30 DAYS 5/7/86 WHILE FRATERNAL ORDER OF POLICE WOR►: OUT LIABILITY PROBLEMS. 59. SCHEDULE PUBLIC HEARING FOR M-86-373 160-162 CODESIGNATION OF 22ND AVENUE TO 5/7/86 GENERALISIMO MAXIMO GOMEZ AVENUE. 60. DISCUSSION OF COMPREHENSIVE ANNUAL DISCUSSION 162-165 FINANCIAL REPORT (SEE LABEL #63). 5/7/86 61. APPOINTMENTS TO YOUTH ADVISORY R-86-374 165-167 COUNCIL. 5/7/86 62. SCHEDULE PUBLIC HEARING FOR M-86-375 167-168 CODESIGNATION OF N.W. 23 AVENUE TO 5/7/86 DON CARLOS DE LA TORRE Y HUERTA AVENUE. 63. ACCEPT COMPREHENSIVE ANNUAL M-86-376 168-169 FINANCIAL REPORT. 5/7/86 Y i 64. ACCEPT TRAFFIC CONTROL AT BELLE M-86-377 169-175 MEADE AREA. 5/7/86 65. ACCEPT PUBLIC WORKS OPTION NO.4 FOR M-86-378 175-178 CRIME AND TRAFFIC PROBLEMS IN THE 5/7/86 BAY HEIGHTS AREA. 66. GRATITUDE TO PAN AMERICAN AIRWAYS M-86-379 179-181 FOR DONATION OF HISTORICAL 5/7/86 AERONAUTICAL ARTIFACTS TO CITY. 67. DISCUSSION OF POLICE SUBSTATIONS. DISCUSSION 181-184 5/7/86 68. $60.000 TO RENOVATE MANUEL ARTIME M-86-380 184 COMMUNITY CENTER THEATER. 5/7/86 69. AMEND CONTRACT WITH MIAMI DADE TRADE R-86-381 185-186 AND TOURISM COMMISSION INC. TO 5/7/86 EXTEND DATE. 70. REPAIR PROPERTY BELONGING TO SYLVIA M-86-382 186-187 ALTMAN. 5/7/86 71. ACCEPT BID: PRE CONSTRUCTION CO. FOR R-86-383 188 DESIGN PLAZA HIGHWAY IMPROVEMENT B- 5/7/86 4509. a 1r s MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 7th day of May, 1986, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:08 O'Clock A.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: 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. PRESENTATIONS. PRESENTATION: Presented PROCLAMATION: Presented rt Laura Martinez Herring "Miss USA" was recognized as a distinguished visitor. Manufacturers Hanover Corporate Challenge Da Presented to Mr. Joseph M. Santarella, President of Manufacturers Hanover Trust Company, encouraging Community support for this international event benefiting the non-profit Greater Miami Running Association. 1 May 7, 1986 r; r � N 2. CONSENT AGENDA Mayor Suarez: We can proceed with the Consent Agenda. Commissioners have you had a chance to review it and determine if you want anything excluded before you vote? Mr. Dawkins: Where is J. L.? Mayor Suarez: There he is. Items 1 through 29.1 constitute the Consent Agenda, except that the Manager has withdrawn Items 29 and 29.1. So, we are basically, talking about 1 through 28. Mr. Dawkins: All right, pull... Mr. Plummer: Pull what? Mr. Odio: 29.1 and 29, that's on Virginia... Mayor Suarez: Item 2 pulled by Commissioner Dawkins. Mr. Dawkins: Item 6. Mayor Suarez: Item 6 by Commissioner Dawkins. Mr. Plummer: 7 by Commissioner Plummer. Mayor Suarez: 7 by Commissioner Plummer. Mr. Dawkins: 11. Mayor Suarez: 11 by Commissioner Dawkins. Mr. Dawkins: 25. Mayor Suarez: Item 25 by Commissioner Dawkins. Mr. Dawkins: That's it. Mayor Suarez: OK. Commissioner Plummer or Kennedy, are we OK now on the rest of the items? Ms. Kennedy: I don't have any. So, they are 2, 6, 7, 11 and 25. Is that it? Mayor Suarez: Right. Items 1... I'm sorry, Commissioner Plummer? Mr. Plummer: No, I only have 7. Mayor Suarez: Other than... Mr. Plummer: No, I'm sorry, 19. Mayor Suarez: Other than excluding Items 2, 6, 7, 11, 19, and 25, is there anyone present who is an objector or proponent to Items 1-28 scheduled to be heard today? Hearing none for or against any of those items, we can proceed to a vote on Item 1-28 excluding 2, 6, 7, 11, 19, and 25. OK. It will be...I will accept a motion that the Consent Agenda comprised of Items 1-28 excluding 2, 6, 7, 11, 19, and 25 be adopted. Ms. Kennedy: So move. Mayor Suarez: It's been moved. Yes, sir? (INAUDIBLE STATEMENT) Item 2? OK. We will be dealing with that right after this vote, because the Commissioner has asked for it to be removed from the Consent Agenda. So, we have a motion to adopt the Consent Agenda, Commissioner? rt 2 May 7, 1986 Ms. Kennedy: Yes, I moved. Mayor Suarez: So, moved. Mr. Dawkins: Second. Mr. Plummer: Second. Mayor Suarez: Seconded, no further discussion, please call the roll. Thereupon, the City Commission on motion introduced by Commissioner Kennedy, seconded by Commissioner Dawkins adopted the following resolutions 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 CONFIRM DESIGNATION OF THE MIAMI MAGIC CELEBRATION THE CITY'S 90TH BIRTHDAY, AS A CITY OF MIAMI EVENT. RESOLUTION NO. 86-307 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE DESIGNATION OF THE MIAMI MAGIC CELEBRATION HELD IN DOWNTOWN MIAMI ON APRIL 19, 1986 TO CELEBRATE THE CITY'S 90TH BIRTHDAY, AS A CITY OF MIAMI EVENT TO BE CARRIED OUT BY THE JUNIOR LEAGUE OF MIAMI ON BEHALF OF THE CITY OF MIAMI, THEREBY ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COST OF SERVICES TO BE PROVIDED BY THE DEPARTMENTS OF POLICE, SOLID WASTE, FIRE, RESCUE AND INSPECTION SERVICES, AND GENERAL SERVICES ADMINISTRATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.2 ALLOCATE $10,000 AS A CASH GRANT TO THE FLORIDA RECREATION AND PARK ASSOCIATION, INC., IN CONNECTION WITH THE 1986 STATE CONFERENCE. RESOLUTION NO. 86-308 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AS A CASH GRANT TO THE FLORIDA RECREATION AND PARK ASSOCIATION, INC., IN CONNECTION WITH THE 1986 STATE CONFERENCE TO BE HELD IN THE MIAMI CONVENTION CENTER; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ORGANIZATION 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,) 2.3 WAIVE DOCKAGES FEES FOR USE OF BICENTENNIAL PARK DOCKAGE FACILITIES, IN CONNECTION WITH "OPERATION SAIL 1986". RESOLUTION NO. 86-309 A RESOLUTION AUTHORIZING THE CITY MANGER TO WAIVE ANY AND/OR ALL DOCKAGE FEES FOR USE OF BICENTENNIAL PARK DOCKAGE FACILITIES, ON A DISCRETIONARY BASIS, BY "OPERATION SAIL 1986" TALL SHIPS VISITING THE CITY OF MIAMI EN ROUTE TO OR FROM THE JULY 4, 1986 "SALUTE TO LIBERTY CELEBRATION IN NEW YORK HARBOR; AND ALSO BY ALL OTHER VISITING VESSELS rt 3 May 7, 1986 ii I IN CONJUNCTION WITH SAID CELEBRATION THAT WOULD ENHANCE THE CITY'S WATERFRONT BY THEIR PRESENCE, PROVIDED THAT THE PUBLIC BE ALLOWED LIMITED ACCESS DURING THE PERIOD OF SAID DOCKAGE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 EXECUTE NEGOTIATED AGREEMENT BETWEEN THE CITY OF MIAMI AND MINOT, DEBLOIS & MADDISON TO PROVIDE SERVICES RELATED TO THE INDUSTRIAL ! LAND USE NEEDS STUDY. RESOLUTION NO. 86-310 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MINOT, DEBLOIS & MADDISON TO PROVIDE SERVICES RELATED TO THE CITY OF MIAMI INDUSTRIAL LAND USE NEEDS STUDY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 EXECUTION OF QUIT CLAIM DEED: JOSE A. ABIN. RESOLUTION NO. 86-311 A RESOLUTION AUTHORIZING THE PROPER OFFICIAL TO EXECUTE A QUIT CLAIM DEED TO JOSE A. ABIN FOR THE NORTH FIVE (5) FEET OF LOT 5, BLOCK 1 OF SUWANNEE PARK (12-69). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.6 BID ACCEPTANCE: SOUTHEAST ENVIRONMENTAL CONSULTANTS, INC. THIRTY TWO (32) MONITORING WELLS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A COST OF $10,976.00. RESOLUTION NO. 86-312 — _ A RESOLUTION ACCEPTING THE BID OF SOUTHEAST ENVIRONMENTAL CONSULTANTS, INC. FOR THE INSTALLATION OF THIRTY TWO (32) MONITORING WELLS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $10,976.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 HEAVY EQUIPMENT FACILITY OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT 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.) 2.7 BID ACCEPTANCE: DEBRA TURF AND INDUSTRIAL CO. (ONE (1) GOLF COURSE FAIRWAY AERATOR AND ONE (1) GREENS MOWER) DEPARTMENT OF f; h. PARKS AT A COST OF $14,264.00. RESOLUTION NO. 86-313 A RESOLUTION ACCEPTING THE BID OF DEBRA TURF AND INDUSTRIAL +.'. CO. FURNISHING ONE (1) GOLF COURSE FAIRWAY AERATOR AND ONE 1" (1) GREENS MOWER TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $14,264.00; ALLOCATING FUNDS "y THEREFOR FROM THE 1985-86 MELREESE GOLF COURSE OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE sc: ASSISTANT CHIEF PROCUREMENT OFFICE TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) E rt 4 May 7, 1986 it ' 2.8 BID ACCEPTANCE: LAWMEN'S AND SHOOTERS SUPPLY, INC. FOR FURNISHING (ROOF MOUNTED LIGHT BARS AND PARTITIONS FOR POLICE PATROL VEHICLES DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A COST OF $20,272.33. RESOLUTION NO. 86-314 A RESOLUTION ACCEPTING THE BID OF LAWMEN'S AND SHOOTERS SUPPLY, INC. FOR FURNISHING ROOF MOUNTED LIGHT BARS AND PARTITIONS FOR POLICE PATROL VEHICLES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $20,272.33; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.9 BID ACCEPTANCE: SWIMMING POOL CHEMICALS TO THE DEPARTMENT OF PARKS AND RECREATION (ALLIED UNIVERSAL CORP. AT A PROPOSED COST OF $43.260.00, BISCAYNE CHEMICAL LABS, INC. AT A PROPOSED COST OF $962.00 AND BURRIS CHEMICALS, INC. AT A PROPOSED COST OF $7,875.00) AT A TOTAL PROPOSED COST OF $52,097.00. RESOLUTION NO. 86-315 2 A RESOLUTION ACCEPTING THE BID OF ALLIED UNIVERSAL CORP. AT A PROPOSED COST OF $43,260.00, BISCAYNE CHEMICAL LABS, INC. AT A PROPOSED COST OF $962.00 AND BURRIS CHEMICALS, INC. AT A PROPOSED COST OF $7,875.00 FOR FURNISHING SWIMMING POOL CHEMICALS TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $52,097.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING r' BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.10 BID ACCEPTANCE: FOR BASIC GROUNDS MAINTENANCE SERVICES AT FORTY (40) CITY PARKS AND FACILITIES (STARDUST JANITORIAL AND LAWN SERVICES IN THE AMOUNT OF $21,420.00, ALEX GROUNDS DOCTORS, INC. IN THE AMOUNT OF $10,920.00 AND E. & L. LAWN AND TREE SERVICES, INC. IN THE AMOUNT OF $4,385.00, FOR FURNISHING) (DEPARTMENT OF PARKS AND RECREATION, TOTAL COST: $36,725.00). RESOLUTION NO. 86-316 A RESOLUTION ACCEPTING THE BIDS OF STARDUST JANITORIAL AND LAWN SERVICES IN THE AMOUNT OF $21,420., ALEX GROUNDS DOCTORS, INC. IN THE AMOUNT OF $10,920, AND E. & L. LAWN AND TREE SERVICE, INC. IN THE AMOUNT OF $4,385. FOR FURNISHING BASIC GROUNDS MAINTENANCE SERVICES AT FORTY (40) CITY PARKS AND FACILITIES, ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND, TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $36.725. FOR THE FIRST YEAR; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 SPECIAL PROGRAMS AND ACCOUNTS, PARK IMPROVEMENT FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.11 ACCEPTING THE PROPOSALS OF ARMANDO FOJON ROYO, INC. IN THE PROPOSED AMOUNT OF $18,900.00 ROLLY CLEARING AND LANDSCAPING, INC. IN THE PROPOSED AMOUNT OF $6,851.00, AND COCONUT GROVE LOCAL I rt 5 May 7, 1986 DEVELOPMENT CORPORATION IN THE PROPOSED AMOUNT OF $14,091.00, FOR FURNISHING BASIC GROUNDS MAINTENANCE SERVICES AT TWENTY (20) SMALL CITY PARKS. RESOLUTION NO. 86-317 A RESOLUTION ACCEPTING THE PROPOSALS OF ARMANDO FOJON ROYO, INC. IN THE PROPOSED AMOUNT OF $18,900., ROLLY CLEARING AND LANDSCAPING, INC. IN THE PROPOSED AMOUNT OF $6,851., AND COCONUT GROVE LOCAL DEVELOPMENT CORPORATION IN THE PROPOSED AMOUNT OF $14,091.9 FROM FURNISHING BASIC GROUNDS MAINTENANCE SERVICES AT TWENTY (20) SMALL CITY PARKS, ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION OF EXTEND, TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF $409652 FOR THE FIRST YEAR; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 SPECIAL PROGRAMS AND ACCOUNTS, PARK IMPROVEMENT FUNDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT CHIEF PROCUREMENT OFFICE TO ISSUE PURCHASE ORDERS FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.12 BID ACCEPTANCE: M. VILA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $535,954.1O.(WYNDWOOD HIGHWAY IMPROVEMENT B-4514). RESOLUTION NO. 86-318 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $535,954.10, TOTAL BID OF THE PROPOSAL, FOR WYNDWOOD HIGHWAY IMPROVEMENT B-4514; WITH MONIES THEREFOR ALLOCATED FROM "WYNDWOOD STREET IMPROVE- MENTS" ACCOUNT IN THE AMOUNT OF $535,954.10 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 M. VILA & ASSOCIATES, INC. OF WYNDWOOD HIGHWAY IMPROVEMENT B-4514 UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.13 BID ACCEPTANCE: COMPAIR MAKO, INC. (REPLACEMENT OF EXISTING NON- FUNCTIONING AND NON -REPAIRABLE HIGH PRESSURE BREATHING AIR COMPRESSOR ON AIR PURIFICATION SYSTEM NOW INSTALLED ON AIR TRUCK NO. 1) DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, AT A TOTAL COST OF $13,313.00. RESOLUTION NO. 86-319 A RESOLUTION ACCEPTING THE BID OF COMPAIR MAKO, INC. FOR THE REPLACEMENT OF EXISTING NON-FUNCTIONING AND NON - REPAIRABLE HIGH PRESSURE BREATHING AIR COMPRESSOR ON AIR PURIFICATION SYSTEM NOW INSTALLED ON AIR TRUCK NO. 1 TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $13,313.00; ALLOCATING FUNDS THEREFOR FROM THE FIRE BOND ACCOUNT ENTITLED PROTECTIVE BREATHING APPARATUS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) rt 6 May 7, 1986 t� 1 a 2.14 BID ACCEPTANCE: GOODYEAR TIRE & RUBBER CO. $102,219.16, FEDAN TIRE CO. $24,829.64, NORTON TIRE CO. S40,056.00, BALADO NATIONAL TIRE CO. $2,105.60, MARTINO TIRE CO., INC. $1,319,50 AND BANNER DELTA TIRE CO. $3,202.24 FOR VARIOUS CITY DEPARTMENTS ON A CONTRACT BASIS FOR ONE (1) YEAR, AT A TOTAL COST OF $173.732.14. RESOLUTION NO. 86-320 I A RESOLUTION ACCEPTING THE BIDS OF GOODYEAR TIRE & RUBBER CO. AT A TOTAL PROPOSED COST OF $102,219.16, FEDAN TIRE CO. AT A TOTAL PROPOSED COST OF $24,829.64, NORTON TIRE CO. AT A TOTAL PROPOSED COST OF $40,056.00., BALADO NATIONAL TIRE CO. AT A TOTAL PROPOSED COST OF $2,105.60, MARTINO TIRE CO., a INC. AT A TOTAL PROPOSED COST OF $1,319.50 AND BANNER DELTA TIRE CO. AT A TOTAL PROPOSED COST OF $3,202.24 FOR VARIOUS CITY DEPARTMENTS ON A CONTRACT BASIS FOR ONE (1) YEAR AT A TOTAL PROPOSED COST OF $173,732.14; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET OF THE' USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15 RESCINDING AWARD OF BID TO A. J. PARKER INC. RESOLUTION NO. 86-321 A RESOLUTION RESCINDING THE AWARD OF A. J. PARKER DUE TO THE FACT THAT A. J. PARKER, INC. COULD NOT PROVIDE THE INSURANCE REQUIRED BY THE CITY FOR THE DEMOLITION OF ONE (1) COMMERCIAL WAREHOUSE LOCATED AT 65 N. W. 9TH STREET IN THE OVERTOWN/PARKWEST DEVELOPMENT AREA; FURTHER ACCEPTING THE BID OF CUYAHOGA WRECKING COMPANY THE NEXT LOWEST RESPON- SIBLE AND RESPONSIVE BIDDER AT A TOTAL PROPOSED COST OF - $38,000.00 USING FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER i RESOLUTION NO. 86-8 ADOPTED JANUARY 9, 1986 FROM THE _ OVERTOWN/PARKWEST LAND ACQUISITION PROGRAM; AUTHORIZING THE CITY MANGER TO INSTRUCT THE ASSISTANT 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.) 2.16 ORDERING RESOLUTION: BAYCREST HIGHWAY IMPROVEMENT - PHASE II H- 4522. RESOLUTION NO. 86-322 A RESOLUTION ORDERING BAYCREST HIGHWAY IMPROVEMENT - PHASE II H-4522 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS BAYCREST HIGHWAY IMPROVEMENT DISTRICT - PHASE II H-4522. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) -: 2.17 PLAT ACCEPTANCE: PELAEZ-ZOCBY. A RESOLUTION NO. 86-323 f14 ` A RESOLUTION ACCEPTING THE PLAT ENTITLED PELAEZ-ZOGBY, 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. rt 7 May 7, 1986 1 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.18 PLAT ACCEPTANCE: GILBERTO IZQUIERDO. RESOLUTION NO. 86-324 A RESOLUTION ACCEPTING THE PLAT ENTITLED GILBERTO IZQUIERDO SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORD OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.19 AMEND 86-149 BY PROVIDE ADDITIONAL COMPENSATION OF $2,4O6.00 FOR ACQUISITION OF PARCEL 44-A (SOUTHEAST OVERTOWN/PAR WEST PROJECT AREA.) RESOLUTION NO. 86-325 A RESOLUTION AMENDING RESOLUTION NO. 86-149 BY PROVIDING ADDITIONAL COMPENSATION OF $2,4O6 FOR THE ACQUISITION OF PARCEL 44-A LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST PROJECT AREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.20 EXECUTE CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD., FOR A GENERAL SERVICES COST ALLOCATION PLAN (S15,0O0.0O) RESOLUTION NO. 86-326 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM OF DAVID M. GRIFFITH AND ASSOCIATES, LTD. TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.21 INCREASE CONTRIBUTIONS TO THE GROUP BENEFITS SELF INSURANCE FUND FOR RETIRED EMPLOYEES. RESOLUTION NO. 86-327 A RESOLUTION AUTHORIZING THE INCREASE OF CONTRIBUTIONS TO THE GROUP BENEFITS SELF INSURANCE FUND FOR RETIRED EMPLOYEES OF THE CITY OF MIAMI CURRENTLY PARTICIPATING IN THE CITY'S HEALTH CARE PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.22 SEEK COMPETITIVE PROPOSALS- PROVIDE ADMINISTRATIVE SERVICES, GROUP TERM LIFE INSURANCE, AND GROUP MEDICAL STOP LOSS INSURANCE COVERAGE FOR THE CITY GROUP BENEFITS PLAN. RESOLUTION NO. 86-328 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SEEK COMPETITIVE PROPOSALS FOR THE PROVISION OF ADMINISTRATIVE rt 8 May 7, 1986 i SERVICES, GROUP TERM LIFE INSURANCE, AND GROUP MEDICAL STOP LOSS INSURANCE COVERAGE FOR THE CITY GROUP BENEFITS PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3. GRANT BEER/WINE PERMIT TO B.N.M. ATTRACTIONS, INC FOR "REGGAE JAM IN THE PARK" Mayor Suarez: Item 2. Mr. Dawkins: Who is B. N. M.? Mr. Odio: B. N. M.? Mayor Suarez: The reason it is before us is because it's a rock concert and we had established the policy that we must approve? Mr. Dawkins: No. The reason I pulled it is I want to know...I don't know who B.N.M. is and where they come from or nothing else, that's my concern. Mr. Odio: All I have here is that he is... Mr. Dawkins: Here is the gentleman, Mr. Manager. Mr. Manager, here is the gentleman. Mr. Bryan Malcolm: Yes, yes, Commissioner. Mayor Suarez: State your name and address, sir. Mr. Bryan Malcolm: Bryan N. Malcolm, 8219 Southwest 72nd Avenue. Mr. Dawkins: Who is B.N.M.? What is B.N.M. and what does it do? Mr. Malcolm: OK. B.N.M. attraction is a promotion company Commissioner, and at the moment this event is going to be for help for the Jamaican Music Festival, to raise funds for the Jamaican Music Festival which is a nonprofit organization. Mr. Dawkins: OK. So, to benefit the Caribbean... well, what is the Caribbean award? Mr. Malcolm: The funds are going to go the Caribbean Awards and Jamaica Relief, (JURA) Jamaica United Relief Association. Mr. Dawkins: But you are going to award...I mean, all I need to know is if we are going to give scholarships, you are going to give food, you are going to give a plaque, or what is the award? Mr. Malcolm: OK. We are going to give money so they can purchase whatever necessary for the organization. It's... Mr. Dawkins: And how much of the receipts will go for these awards? Mr. Malcolm: It's going to be distributed equally in the three parts. Whatever fund ... if there is any funds. Mr. Dawkins: All right, what are the three parts? Mr. Malcolm: OK. The three organizations that we are going to give money to: the Jamaican Music Festival, the (JURA) Jamaican United Relief Fund and the Caribbean Awards Association. And just to make a correction, it's not really a rock concert. It's Jamaican Reggae Music. Mr. Dawkins: Mr. Manager, do you recommend this? rt 9 May 7, 1986 Mr. Odio: Yes, sir. The only reason we placed it here... Mr. Dawkins: So, move it Mr. Mayor. Mayor Suarez: It's moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Moved and seconded... rF Ms. Kennedy: Under Discussion... ;k Mayor Suarez: Commissioner? a Ms. Kennedy:...let me just ask you, what kind of music will you have, Jamaican? Mr. Malcolm: Yes, Jamaican music. Mayor Suarez: Call the roll please. The following resolution was introduced by Commissioner Dawkins, who fi ,= moved its adoption: -` RESOLUTION NO. 86-329 `= A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, h•: DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF B.N.M. ATTRACTIONS, INC. TO SELL BEER AND WINE FOR A ONE -DAY PERIOD IN CONNECTION WITH ITS "REGGAE JAM IN THE a PARK" CELEBRATION TO BE HELD JUNE 8, 1986 IN PEACOCK PARK; xs FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE DAY NON-EXCLUSIVE CONCESSION AGREEMENT WITH SAID ORGANIZATION IN ESSENTIALLY THE FORM ATTACHED HERETO; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND COMPLIANCE ,. i_ WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here .:. and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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 4. APPROVE URINALYSIS DRUG SCREENING TESTS CONDUCTED BY CONSULAB FOR POLICE DEPARTMENT. Mayor Suarez: Item 6. Mr. Odio: Item 6...These were the tests that were administered from the time period of October 23rd... Mr. Dawkins: No, no, no, I don't have any problem with that. OK. I pulled it. The reason I pulled it is there are some Black doctors and some Cuban doctors, minorities out there, who can perform these tests. OK. So, let's see some minorities get some of this money. OK? rt 10 May 7, 1986 0 Mr. Plummer: What Item? Mr. Dawkins: That's 6, Mr. Commissioner. Mr. Odio: OK. Mr. Dawkins: That's what I pulled it for, OK. Mr. Plummer: What Item? Mr. Dawkins: 6. Move 6. Mayor Suarez: Item 6 has been moved. Need a second. Mr. Plummer: Well, yes, OK, fine. That's nice about the minority. Let me ask a question. It seems like ---and I'm not an expert ---but a hundred fifty dollars per test seems unreasonable. Now, did we shop around or did we just take whatever cup you want to take in to wherever you want to take it? Mr. Odio: No,... Mr. Plummer: I'm telling you that I think a hundred fifty dollars for a urinalysis test is absolutely out of question. Mr. Odio: Yes, sir. Mayor Suarez: Particularly the number of tests of this high number. Mr. Plummer: Well, Mr. Mayor, that's only eight hundred of the potential forty-four hundred. Now,... Mr. Odio: You are right and what.. we looked at that again and when I was negotiating the drug program... Mr. Plummer: Well, who authorized the spending of thirteen thousand dollars without Commission approval? Mr. Odio: Mr. Plummer, I was not the Manager then. I cannot answer that. We are just trying to clean the house on what happened before. I don't know. Mr. Plummer: Well, may I suggest, this is money that has been spent and we are obligated to pay, but before we have any further testing ... I think that it can be done a hell of a lot cheaper than what we are doing especially if we are talking about four thousand of them. Mr. Odio: I know there are only two labs that can do this. Mr. Plummer: No, sir, that's not true. Mr. Odio: On the drug testing when we went to negotiations with the union according to... Mr. Plummer: Well, who is Consulab, Inc.. Anyhow? I thought it was all done by Cedars of Lebanon. Mr. Odio: No, there are two labs and I don't know their names that will do these tests. Mr. Plummer: Did I not see on t.v. all of the brass of the Police Department walking into Cedars of Lebanon? Mr. Odio: Yes, well, that ... Yes, but they go to a lab ... they take the sample and then go to a lab. I can get Dean Mielke to answer this who handled that. Mr. Dawkins: No, no, no, you don't have to get anybody. Mr. Odio: All right. Mr. Plummer: I'm just saying in the future that you take bids. rt 11 May 7, 1986 M� i> 1 Mr. Odio: OK, we will do. Mr. Plummer: And are talking about possibly seventy, eighty, to a hundred thousand dollars and I just think that the price is out of question. Mr. Dawkins: And I would like to see you go to Jackson Memorial anyway and see if we can't get a package there. You can't tell me that with Jackson Memorial right there with the University of Miami, with a whole hospital complex, that we can't do a urine test there as well as they can do it anyplace else. Mr. Odio: Yes, sir. We will pursue all of this. Mr. Plummer: Well, let me ask...don't we have a City physician? Mr. Odio: Yes, but it takes a special machine to... Mr. Plummer: So, buy the machine. For the amount of money we are spending. Mr. Odio: No, sir. I hope we don't have to test every employee in the City. We are only going to test those ones that we suspect that are drug Mr. Dawkins: Whoah, whoah, whoah, whoah, whoah. Test the ones we suspect? Mr. Odio: That give reasonable cause. Ms. Dougherty: If we have reasonable cause. Mr. Odio: Reasonable cause to have drug... Ms. Dougherty: To believe. Mr. Odio: OK. That's what the wording on the policy says: "reasonable �. cause". Mr. Dawkins: OK. So, if a guy is on drugs and he doesn't show it or it doesn't appear anywhere we are not going to test him. Mr. Odio: That is correct, sir. Mayor Suarez: Unless we have other legal grounds to test him. rk. Mr. Odio: Yes. Mayor Suarez: It's been moved and seconded, do we have a second? Ms. Hirai: Yes, sir. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who . moved its adoption: � t• 1T RESOLUTION NO. 86-330 A RESOLUTION APPROVING URINALYSIS DRUG SCREENING TESTS FOR 816 SWORN AND CIVILIAN EMPLOYEES WHICH WERE CONDUCTED BY YF_x CONSULAB, INC. FOR THE POLICE DEPARTMENT AT A TOTAL COST - OF $13,774.08; ALLOCATING FUNDS THEREFOR FROM THE FY'85- 86 GENERAL FUND OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) "s Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- rt 12 May 7, 1986 AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 5. APPROVE BUDGET FOR "HISTORIC PRESERVATION: DOWNTOWN" SPECIAL REVENUE FUND. Mayor Suarez: Item 7. Mr. Plummer: Mr. Manager, where is that money going to be spent? Mr. Sergio Rodriguez: Number 7? Mr. Plummer: Yes. Mr. Rodriguez: It's going to be spent to prepare as is shown in the memo of whatever it is. For the record, May lst. We are going to prepare a nomination to the National Register of Historic Places, that's one of the items that we had to do as part of the DRI. We had to prepare facade studies and rehabilitation projects for each one of those that want to participate in rehabilitation. We are going to prepare a developmental history of Downtown Miami, which is also a requirement from the DRI and we are going to prepare an economic feasibility study for each one of them. This, as you know, is a grant that we got from the State. Mr. Plummer: All right, Mr. Manager,... Mr. Odio: Yes, sir. Mr. Plummer:... approximately two weeks ago I asked and' inquired because about 11:30 at night, Metropolitan Dade County was Downtown, on Miami Avenue between Flagler Street and 1st Street, you remember my late night call to you asking you why that they were completely trimming those trees almost to the ground? Mr. Odio: Yes, sir, I remember. Mr. Plummer: I asked you to report back because they informed me that they were doing it as a favor to the City of Miami. Mr. Odio: Yes. sir. Mr. Plummer: Now, Mr. Manager, I want to tell you that night before last they were Downtown taking the trunks of the trees out of the ground. Now, I'm telling you that what was a beautiful landscaping took a long time to grow those beautiful trees. Metropolitan Dade County tells me that they are doing the City a favor, first when they trimmed them, and second when they took them out completely. Mr. Odio: I asked Mr. Cather, to give you a report on those trees. Mr. Plummer: There may be a reasonable answer. Mr. Don Cather: The trimming of the trees was done because we had complaints in writing from several merchants on 1st Avenue that they were using these trees to climb to the second floor and... Mr. Plummer: This is Miami Avenue. Mr. Odio: Miami. rt 13 May 7, 1986 4 k r.t i Mr. Plummer: Miami Avenue. Mr. Cather: This is Miami Avenue and... Mr. Plummer: You are getting there. r i Mr. Cather: ...this is the reason we asked them to trim them, so that they would not be causing someone to be able to rob these stores by climbing up the tree and getting on the second floor. Mr. Plummer: Are you aware that the whole tree has now been removed? Mr. Cather: I am not aware of that. That was news to me and I will find out about it and report directly back to you. Mr. Plummer: I hope they report to the environmentalist, because if I was one of them I would sure be raising hell. Mr. Cather: Well, I have just been informed they are going to replace thosQ with palm trees. ` Mr. Plummer: Oh, people can't climb palm trees? Mr. Cather: Well, apparently they can't jump from the palm tree over to the roof as easily as they could from a limb. Mr. Odio: No, the limbs will not hold a person. Mr. Plummer: And who is paying for that expense? Mr. Cather: They must be paying for it, because I'm not. Mr. Plummer: Who is they? Mr. Cather: The County. Mr. Odio: We are not, OK? Mr. Plummer: OK, sir. I think it's a crime. Mr. Cather: (INAUDIBLE COMMENT). Mayor Suarez: Item 7? Mr. Plummer: I move Item 7, Mr. Mayor. n> Mayor Suarez: Moved. Ms. Kennedy: Second. �` Mayor Suarez: Seconded, any further discussion from the Commission? Anyone wants to be heard for or against? Hearing none, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: tX RESOLUTION NO. 86-331 >rM. A RESOLUTION APPROVING THE PROPOSED BUDGET FOR THE "HISTORIC PRESERVATION: DOWNTOWN" SPECIAL REVENUE FUND IN tf A $15,000 GRANT FROM THE STATE OF FLORIDA: DEPARTMENT OF STATE, AND AUTHORIZING THE EXPENDITURE OF FUND PER THE APPROVED BUDGET; AND AUTHORIZING THE CITY MANAGER TO ar r= EXECUTE PROFESSIONAL SERVICES CONTRACTS WITH FOUR CON- SULTANTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) rt 14 May 7, 1986 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 6. ACCEPT BID: TREE MASTERS, INC. AND CUYAHOGA WRECKING CORP. FOR DEMOLITION OF STRUCTURES FOR DEPT. OF FIRE. Mayor Suarez: Item 11. Mr. Dawkins: Why is it that out of...Now, I keep saying this, but nobody seems to hear me. Minority firms, although, we burn the buildings up, we can't demolish them and get paid for demolishing them. OK. Mr. Odio: Sir. Mr. Dawkins: Now, you got fifteen invitations for bids, fifteen Blacks bid and fourteen Hispanic firms bid and yet and still, we still ended up giving the money to Cuyahoga and somebody else. Now, if you guys can't find some minorities for the next one of these this is one vote you don't have. OK. Mr. Odio: Sir? Mr. Dawkins: Move 11. Mr. Odio: Yes, sir. Mr. Plummer: Second. Mayor Suarez: Item 11 has been moved. We have a second? Please second it. Mr. Plummer: Yes, I did. Mayor Suarez: Seconded, any further discussion no one who wants to heard for or against from the audience? Hearing none, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-332 A RESOLUTION ACCEPTING BID OF TREE MASTER, INC. AT A TOTAL PROPOSED COST OF $14,525.O0 AND CUYAHOGA WRECKING CORP. AT A TOTAL PROPOSED COST OF $20.813.O0 FOR THE DEMOLITION OF VARIOUS STRUCTURES TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $35,338.O0; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT PROGRAM WITH RECOVERY BY NORMAL LIEN HOLDING PROCEEDING; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- rt 15 May 7, 1986 M AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice —Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 7. BRIEF COMMENTS REGARDING BID ACCEPTANCE OF ALLIED UNIVERSAL CORP., BISCAYNE CHEMICAL LABS, INC. AND BURRIS CHEMICALS INC. FOR SWIMMING POOL CHEMICALS. (See label #2) Mr. Dawkins: Mr. Mayor Mayor Suarez: Yes, Item 19 Commissioner. Mr. Dawkins: No, but I hate to do this. Item 13. Did you repair the leak at Williams Park so that the chemicals that we are buying will not continue to leak out? Mr. Odio: I will get a report back to you on that, sir. Mr. Dawkins: OK. Go ahead, Mr. Mayor. Mayor Suarez: Just by way of clarification, if it should have to be reconsidered would you let us know by the end of the day or whenever, because we have passed it. Mr. Dawkins: Yes, we passed it. Mayor Suarez: But we can reconsider it if you would like. OK. Just seeking a clarification at this point. 8. ACCEPT BID: PITMAN PHOTO, RICH PHOTO, AND MPI INTERNATIONAL FOR PHOTOGRAPHIC SUPPLIES. Mayor Suarez: Item 19. Mr. Odio: Mr. Plummer, you withdrew that one. Ms. Kennedy: Who pulled it? Mr. Plummer: I'm withdrawing it Mr. Mayor. I'm sorry, because I didn't read the top paragraph. It's not for purchase. It's only to establish the price and they will only be purchased as needed. I withdraw my... Mayor Suarez: OK. We need a motion and a second, then to... Mr. Plummer: I move 19. Mr. Dawkins: Second. Ms. Kennedy: Second. Mayor Suarez: Anyone from the general public wants to be heard on Item 19? Hearing none, and having a motion and a second, and no further discussion from the Commission, please call the roll. rt 16 May 7, 1986 y z The following resolution was introduced by Commissioner Plummer, who moved its adoption: h RESOLUTION NO. 86-333 7? a A RESOLUTION ACCEPTING THE BIDS OF PITMAN PHOTO, INC. AT A ' TOTAL PROPOSED COST OF $7,152.72, RICH PHOTO, INC. AT A TOTAL PROPOSED COST OF $11,588.19 AND MPI INTERNATIONAL AT A TOTAL PROPOSED COST OF $40,906.00 FOR FURNISHING PHOTO- GRAPHIC SUPPLIES AND ACCESSORIES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $59,646.91; ALLOCATING • �''�: s • i FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT k.._: CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) v Upon being seconded by Commissioner Dawkins, 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 5r NOES: None. ABSENT: Commissioner Joe Carollo 9. A- DISCUSSION ON POTENTIAL REMOVAL OF ALL PRESENT MEMBERS OF THE SPORTS r' AUTHORITY. [:- B- DEFER CONSIDERATION OF PURCHASE OF PARCEL 44-H IN OVERTOWN. t=; Mayor Suarez: Item 25? ,t Mr. Dawkins: Mr. Bailey, on Item 25, is this the parcel of land that's hhfi r a supposed to be included in the arena, the two parcels to build the arena? Mr. Herb Bailey: Yes, sir, that's the original parcel. Mr. Dawkins: OK. Mr... Mr. Bailey: The one that we were going to purchase. Mr. Dawkins: OK. I would like to tell the fellow Commissioners, I got a problem with this. Now, we had the arena people come down and pick two of the choice pieces of property over there. Now, they don't want to use but one parcel and one fifth of the other parcel. When they leave us four fifths of a parcel, that's going to give me an irregular piece of property in a choice area. So,... Mayor Suarez: What does that end up looking like, Herb, that's a good point? Mr. Dawkins: Like hell. Mr. Bailey: Well, that they have made... Mayor Suarez: It's big enough to do what on it? Mr. Bailey:... substantial adjustment in the site plan. It is...the parcel that they want to purchase now that we originally committed to in the RFP... Mr. Dawkins: Go ahead, go ahead. rt 17 May 7, 1986 0 ,0 Mr. Bailey: ...in the RFP is the parcel that they are contemplating building the new arena on. The one that they proposed was a much more expanded site development plan which included both parcels and we began a process in negotiating with the owner to buy the second parcel. When it was found out or at least they discovered that the amount of money they originally thought would be available would not be available, then they adjusted the site plan and reduced it down to the parcel that we originally proposed in the RFP. Now, what has happened is that as we were negotiating for the extend parcel, the arena people pulled out and now the owner is reluctant to sell the parcel through a negotiated arrangement. Mr. Dawkins: Mr. Rodriguez, the changes proposed by the arena developers and etc., is that a substantial deviation from the original plan, sir? Mr. Sergio Rodriguez: No. Mr. Dawkins: I beg your pardon? Mr. Rodriguez: No. Mr. Dawkins: OK. Well, let me tell you and Mr. Bailey, I have got a problem with the change in design. OK? You came to me here and told me that we were going to develop Overtown/Park West and that we were going to do things that would enhance the quality of life and everything. Now, once they got the OK, and got two choice pieces of property, just because it's closer to Overtown than it is to Biscayne Boulevard, now they want to put up a concrete structure that looks like hell in my opinion, OK? and somebody will have to show me that it's going to be compatible with what we've got designed over there or they don't have my vote. What they have got structured now is a concrete monster. It has no aesthetic value at all to help Overtown look good and I got a problem with that. Mr. Plummer: May I inquire? Mr. Dawkins: Yes, Mr. Plummer. Mr. Plummer: Mr. Manager, it was my understanding of what I negotiated with the Sports Authority that before any final plans or anything were set to writing, that this Commission would have final approval. Mr. Odio: That is correct. Mr. Plummer: I don't know if any other member of this Commission has seen or given approval, but this Commissioner has not. Yet I did see on television a press conference in which they announced that they were proceeding. They indicated when they were breaking ground and they showed a model, and I'm just wondering what did I negotiate? Mr. Dawkins: Well, we are back to where we started from, J. L., when we said that this is a... Mr. Plummer: Well, Mr. Dawkins, I will tell you how that matter gets resolved. Mr. Manager, I would like for you to schedule on May 22nd or whatever subsequent date it's changed to, consideration for changing all nine members of the Sports Authority, which is in the purview of this Commission. I'm not saying we are going to do it, but I'm going to give this Commission the opportunity to exercise its right, since they are not exercising theirs, and I make that in the form of a motion,... Mr. Dawkins: Second. Mr. Plummer:... that it be placed on the agenda for the potential changing of all nine members. Now, I will put on the record to begin with, that if Mohammed won't come to the mountain, the Sports Authority is going to fall. They have an obligation to come to this Commission by their own volition in a document. They have not done such, in effect, they have spited this Commis- sion to go forth with press conferences making all of their announcements and yet this Commission has not been apprised. So, I offer that motion. rt 18 May 7, 1986 ,r a Mr. Dawkins: Second. ' Mr. Odio: I want to say for the record that they met with me and I told them that they better include us in the process and... Mr. Plummer: Mr. Manager, the document did not say the approval of the Manager. ' Mr. Odio: No, no, I said... Mr. Plummer: It said the approval of the Commission. Mr. Odio: No, I said the City and you are the City. J.' Ms. Kennedy: Yes, but what was the reason for not doing so? Mr. Plummer: Because they are going to do whatever they want to do. Mr. Dawkins: They have been... Commissioner Kennedy, let me give you a little background on this. Mr. Plummer: Whatever Horrow wants, Horrow gets. Mr. Dawkins: Horrow runs ---and tell him Miller Dawkins said it when the press prints it.---Horrow runs this as if it's his own little They do not come and get any advice from us and will tell us that they were setup by the State of Florida to operate independently and they have been doing that and all they want us to do is sit here, spend taxpayers money, and just rubber stamp what they want, and I'm not going to do it. Mr. Plummer: Well, but you see, there are two provisos. They are right. They are self -autonomous to a certain extent. They can bond without City approval. They can do all of the things that they want to do. This City ¢z reserves two rights by State law. One, we approve their budget. Two, they serve at the will of this Commission. This Commission tomorrow morning or today can reappoint all nine members. I believe they will understand what we are saying when we tell them that the motion on the 22nd is to replace all nine members. 3 Mayor Suarez: You won't get any argument out of me. I have been here five and a half months and would very much like to review the membership and have a say as to who is on that board and I know Commissioner Kennedy probably feels the same way. So, we have a motion and a second, any further discussion, please call the roll on that motion and then we will go back to Item 25, Herb. ' The following motion was introduced by Commissioner Plummer, who yt. moved its adoption: .� MOTION NO. 86-334 =' A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE, AS AN AGENDA ITEM IN THE MEETING OF MAY 22ND, PROPOSED CONSIDERATION OF THE POTENTIAL REMOVAL OF ALL PRESENT MEMBERS OF THE SPORTS AUTHORITY BY THE CITY OF MIAMI COMMISSION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: Item 25, we need a motion. rt 19 May 7, 1986 a, s: £ti Mr. Dawkins: Mr. Bailey, is this a necessity or a must or do you have to have <" this today, sir? Mr. Bailey: Well, we would like to go through with the acquisition, Commissioner. Mr. Plummer: Defer it until the other time, then they can't sign a document. Ms. Kennedy: Mr. Bailey, when do you need to have proof of possession? Mr. Bailey: Matt, would you tell her? Mr. Matthew Schwartz: I believe on the 22nd so we could file for a replat of ^. the property. We are going to be closing 7th Street. Mr. Plummer: That's maybe. Maybe "yes" and maybe "no". Mr. Bailey: Well, if we don't use it for the Sports Arena, if for some reason or another that is not going to happen, we still have to have that site for the other development alternative. Mr. Plummer: But the other development can wait. Mr. Bailey: Well,.. Mr. Schwartz: The acquisition for. p Mr. Plummer: Hey, Herb, the day is long past due that this Commission is going to have a say in what happens, and if this is the only way we can bring the issue to this Commission table, which I didn't want to do, then the day is here. Mr. Bailey: That's fine. All right. Mayor Suarez: We have a motion to defer this item. Mr. Plummer: Until the meeting of consideration of appointment. I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, any further discussion from the Commission? Hearing none please call the roll. t " The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-335 j A MOTION TO DEFER PROPOSED CONSIDERATION OF PURCHASE OF LAND (PARCEL 44-H) LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN UNTIL THE t� MEETING OF MAY 22, 1986. .3 -' Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo rt 20 May 7, 1986 10. ALLOCATE $300,000 FOR 1987 BOARD OF GOVERNORS OF THE INTERAMERICAN DEVELOPMENT BANK MEETING. y Mayor Suarez: I want to recognize a special guest here today, permanent representative of the United States to the Interamerican Development Bank, and Executive Director, I believe, by virtue of being the U.S. representative. Jose Manuel Casanova. We are going to take your item out of order, which is Item 44 and we are happy to have you in Miami. We hope you stay as long as possible, Mr. Casanova, and we hope that we will put together this fantastic convention next year in March or April, although, it's up to this Commission to approve the funding. So, I don't want to preempt anything that my Commissioners would want to consider. Item 44, Mr. City Manager, is that the correct one? Mr. Odio: Yes, sir. We had a resolution passed by the City Commission instructing the administration to bring this meeting to Miami. It is anticipated that this event will attract approximately four to five thousand people. As the budget indicates, we are working on getting two hundred thousand dollars from the State of Florida, one hundred thousand dollars from the Dade County, one hundred thousand dollars from the Florida International Banking Association. Any excess in revenues will be used to offset the City allocation to an amount not to exceed three hundred thousand dollars. It also, authorizes the Manager to enter into an agreement with the Greater Miami Host Committee to act as administrators for this meeting. This is probably the most important meeting that we can bring to Miami ever. It will bring all the Secretaries of the Treasury of all forty-one countries, I believe, and it will focus the attention of the whole banking world in Miami for that one week that they will be here. I really stress that this is probably the most important convention we can bring to Miami at this time. Mr. Plummer: So, move. Mr. Dawkins: Second and under discussion. How many Blacks on the Miami Host Committee? Mr. Plummer: Well, Monty Trainer is really sunburned. UNIDENTIFIED SPEAKER: I'm from Key West, does that count? Mr. Dawkins: Yes, you are a half breed. That's one ... Now, we got a half ... That's a half of one. Now, how many whole ones we got now? Now, what's the total membership of the Host Committee? Mr. Odio: There is really ... it fluctuates Commissioner, depending on the events. The Host Committee is volunteer work. People that will... k• Mr. Dawkins: I wouldn't give a damn if it's paid, volunteer or what, how many you got? i.' Mr. Odio: Right now I know of two Blacks that are working with the Miss U.S.A. Pageant with Corky Dozier... f `'. Mr. Dawkins: How many Blacks are on the Miami Host Committee? Mr. Odio: Two. Mr. Dawkins: Two. Who are they? Mr. Odio: Corky Dozier and the other one escapes my...I know... Mr. Dawkins: And that's on official letter head. You people got letter head that's official with their names on it, that says these are the members on this side of the Host Committee? Mr. Odio: No, she is not on the member... rt 21 May 7, 1986 Mr. Dawkins: Oh, so...all right. Well, who...see, uh huh. Well, why not now? Mr. Odio: In the Executive Board there are no Blacks. Mr. Dawkins: Now, you...you see, that's what I like. Mr. Odio: OK. Mr. Dawkins: See, you are a minority like me, you understand what I'm saying. See. Why not? Mr. Odio: You know, you are right. Mr. Dawkins: Uh huh. OK. Mr. Odio: What can I tell you? Mr. Dawkins: Nothing. OK. Mr. Odio: Mainly, Commissioner, let me tell ... I will say this on the record that the work of the Host Committee is strictly one hundred percent volunteer work. Mr. Dawkins: OK. My wife is a retired teacher with nothing to do. Mr. Odio: Fine, sir. Mr. Dawkins: There are some retired policemen with nothing to do. There is a whole lot of Black retired people out there with nothing to do. Mr. Odio: You are right. Mr. Dawkins: So, now don't tell me that we can find no Blacks with, you know, with some volunteer time if it's not being paid. Mr. Odio: Honestly, I think we haven't tried. Mr. Dawkins: OK. Mr. Odio: And we will do something about it. Mr. Dawkins: And this has nothing to do with Monty Trainer. OK. Monty Trainer does not pick the board, all he is is give his money and work like hell, OK. So, let's don't blame him for this, all right? Mr. Odio: You are right, we will correct it. Mr. Dawkins: All right, OK. All right. Ms. Kennedy% Under discussion, let me just say that there are few things that can bring more prestige to this community that as an affair of this kind. Representatives from forty-four countries, three hundred fifty official delegates, four to five thousand participants, a thousand international bankers and several hundred staff and membars of the media. This is the first time that the United States serves as a host for this conference and I don't think that there is any city better equipped than we are. This is not an expenditure, it's and investment in our present and in our future. Mayor Suarez: I know a lot of people that are attracted by a lending power of the agency which last time I heard was about four billion dollars a year, is that correct Jose Manuel? Mr. Jose Manuel Casanova: Yes. Mayor Suarez: Would you like to make a statement on the record please? Give us your name and a correct title in case I didn't get the title right, which is ....... rt 22 May 7, 1986 0'' NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 9:41 O'clock A.M. Mr. Jose Manuel Casanova: My name is Jose Manuel Casanova and I am the United States Executive Director at the Interamerican Development Bank. I head the U.S. delegation there. I had ... I thought that it would be interesting for you to very briefly give you some information regarding the event and it's certainly a welcomed opportunity to be here with all of you and I thank you for the excuse to come to Miami, of course, and be with you today. I wanted to explain to you that we have been motivated by the excellent cooperation of the Miami authorities and of course, our love for this beautiful city. The recognition that it is the gateway to the Americas and Secretary James A. Baker III, Secretary of the Treasury, has therefore offered the City of Miami as the city to host one of the annual meetings, in this case, the 1987 meeting, to be held in the latter part of March. I would like to tell you that the Interamerican Development Bank is the most important multinational institution that assists the development of Latin America and the Caribbean, including the English-speaking Caribbean by the way, with loan approval in excess of three and a half billion dollars a year for the hemisphere. These are not just blank checks, but actually projects ---development projects that we support and finance with very strict guidelines as to the usage. The meeting will represent an opportunity to display Miami at its best to the financial community of a large portion of the world. Delegations from forty- four countries will attend headed by Finance Ministers and Central Bank Presidents, as you indicated, representing Japan, Israel, Canada, European, Caribbean and Latin American countries. Now, the corporate representatives from multinational companies. will be in attendance. International banking community of the world, several hundred members of the U.S. and Foreign Press as well as observers from other multinational institutions of the world. A total perhaps of some four to five thousand people and a veritable show case from Miami. Simultaneously, the first annual meeting of the newly formed Interamerican Investment Corporation will take place and it will attract the private sector of Latin America. This is a new dimension that we have developed over the last four years and it will be ready to initiate its activities in 1987. The Secretary of the Treasury will preside over the meetings in Miami of the IDB and President Ronald Reagan will inaugurate the opening session on behalf of the host County. So, this is what is planned. This is the program. We have a diversity of countries, a diversity of races, by the way, as was being talked about a moment ago, represented by all the countries and all I can add is how grateful I am if we will work together. I as a Miamian who is now serving in the Federal Government, I am totally committed and willing to commit myself to the success of this project and I hope that you will also do so. Thank you very much. Mayor Suarez: Thank you, Mr. Casanova. I'm going to ask a question at some point and I don't know if this is the proper moment to do it. Monty, I believe, you want to state something. While in Tallahassee I got wind of the fact that we are lobbying or the County or the Host Committee or all of us are lobbying to try to get approximately three hundred thousand from the state for the convention. If that were the case, in view of the fact that... Mr. Odio: We still need the money. Mayor Suarez: I'm sorry. Mr. Odio: We still need to approve this and if we any excess of monies it will be returned to the City first. Mayor Suarez: OK. That's exactly the way I would like it to be. Mr. Monty Trainer: I'm Monty Trainer from Coconut Grove. In answer to your question Mayor, we have lobbied the State and we are in the budget on the House side right now for two hundred thousand dollars for the Greater Miami Host Committee for the International Development Bank Conference to be held here in March. This is earmarked and I think there will be no problem getting that from the State. We have a lot of support for this and the State is excited and some of the State leadership wants to come down and participate in the conference. But this time though, I would like to tell you that we have been and of course, the City has been working for the last six months with Mr. Casanova as far as developing and refining what the Host Committee and what rt 23 May 7. 1986 i the host cities responsibilities are and it's ---when you see the documents " } that you have to go through in order to prepare for a conference like this, you need about fifteen attorneys with you all the time just to decipher it y Y Y J P for you. But we have Dr. Felix Riler here tonight and I would like for him to ,, sl come up and introduce the members of the local group that's going to be r: participating in this Host Committee effort. Dr. Riler? Mr. Felix Riler: My name is Felix Riler. I'm Vice -Chairman of Pan American x Bank and the Chairman of the Committee in liaison with the City of Miami and IDB for this conference. I think our organization which comprises about ninety bank members and it was founded in 1978 is very excited about this convention. I think Casanova and I have been talking about this for the last six years, since he became Executive Director. Is it five? And this is a very great opportunity for Miami to really be the host of one of the most important conventions we have in the world and I'm talking about attendance in...about five years ago when I attended the Madrid the Convention it was about five ---between four and five thousand delegates. The IDB Convention is always held in a host country of this hemisphere, but every four years it's held in another ---out of the hemisphere, mainly, Europe and I think proximately will be in Asia. This is a great opportunity for the City of Miami. I think it's one of the best things I think could happen and we, our bankers, international bankers that view that this convention will help the City and will help the community international banking. Thank you, for your attention. Mayor Suarez: Thank you very much. You want to introduce the rest of the delegation. Mr. Riler: Yes, I'm sorry. Yes. I would like to introduce Jack West from Southeast Bank, Senior Vice -President. Victor Balestran from Riggs International Bank, Senior Vice -President Manager. Mr. Hefner from Sun Bank, Chairman of Sun Bank. Willie Alexander, a Director at Pan American Bank and very well know from Eastern Airlines. I have here Jake MacWaters, from Citizen and Southern International Bank. Peter Fowler, from Bank American International. Enrique Arias, from Bank. Thank you very much. = Mr. Carollo: Thank you. Mayor Suarez: Thank you for attending and for making a presentation. Mr. Carollo: Mr. Mayor, if I may... h Mayor Suarez: Commissioner? Mr. Carollo: ...say a word before they leave please. I would like to commend all these outstanding citizens for the efforts that they are putting forth for this great convention that we are going to have. I think that the task that r. you have before you is going to be a tremendous task in the months to come. You are going to be wondering what did you get yourself into. The hours and R ' times that you are going to spending in this is going to be even greater than imagine. At we all probably the same time I would like to say that it is indeed a pleasure again to have worked with Manolo Casanova through the Host Committee. It's good to see you back in Miami again and I wish we still would ' have you here permanently with Aliein but I think that the y g Y P Y job you are doing for us in Washington is a lot more important right now. It's indeed a u pleasure seeing you Manolo. f Mr. Plummer: May I inquire? Where is the Convention going to be held? Mr. Odio: In the Knight Center. V Mr. Plummer: In the Knight Center. Mr. Odio: In the Knight Center. Mr. Carollo: Absolutely. Mr. Odio: And it's related to Item 45, which is very important to the success of that convention. rt 24 May 7, 1986 Mr. Trainer: We are going to see if the Knight Center will qualify for an IDB. Mr. Carollo: Excuse me, sir. If I could ask a question for the record. Are you the real Monty Trainer, the Mayfair or the fake one up here now? Mayor Suarez: Commissioners, you want to move the item? Mr. Plummer: It's already been moved. Ms. Kennedy: It's been moved. Mr. Carollo: I second. Mayor Suarez: Moved and seconded, any further discussion? Hearing none please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLU1"_*0N NO. 86-336 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $300,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE 1987 ANNUAL MEETING OF THE BOARD OF GOVERNORS OF THE INTER-AMERICAN DEVELOPMENT BANK (IDB) TO BE HELD IN MIAMI, MARCH 19-27, 1987; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, SUBSTANTIALLY IN THE FORM ATTACHED, WITH THE INTER-AMERICAN DEVELOPMENT BANK AND THE U. S. DEPARTMENT OF THE TREASURY, IMPLEMENTING THE SUPPORT ARRANGEMENTS IN CONNECTION WITH SAID MEETING; ALSO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE GREATER MIAMI HOST COMMITTEE, INC. TO HAVE SAID HOST COMMITTEE IMPLEMENT THE NECESSARY SUPPORT ARRANGEMENTS, ON BEHALF OF THE CITY, ACTING AS ADMINISTRATORS OF SAID IDB ANNUAL MEETING, OBTAINING FUNDING FROM OTHER SOURCES AND DISBURSING FUNDS AS NECESSARY TO IMPLEMENT THE SUPPORT ARRANGEMENTS. (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. Mayor Suarez: Let the record reflect that "with pleasure" means "yes". Thank you for being here and we will cooperate with you and make sure this is a great success in the upcoming year. rt 25 May 7, 1986 i r'a ti 11. DISCUSSION: COMMUNIST PARTICIPATION OF SISTER CITY CONFERENCE 1988. Mr. Plummer: Mr. Mayor, may I for a minute? I have a problem that I want to... it doesn't involve you. I have a problem I want to bring before this Commission and get a consensus. As you know, I announced to this Commission that I traveled to Washington to get the Sister City International Convention for Miami in 1988. It has been brought to my attention and I want to bring to this Commission to resolve so that it doesn't become an embarrassment at a later date. SCI does not ---is a federal program by the United States Government created by Dwight D. Eisenhower. They do not control from where delegates come to attend these conference. Now, I can tell you that there are no Sister City organizations in Cuba, to my knowledge, none in Nicaragua, but I must be honest and above board and tell this Commission that there are delegates that have attended in the past from some communist countries and I want to consensus of opinion from the Commission as to what is our position, because if has been inquired by the Sister City International Organization who said that this was a potential. We do not know who would come in 88 until registration opens and there are applications made, but I would be less than honest to tell you that in Phoenix two years ago, I think it's Houston, Texas, if I recall correctly that has a Sister City Association with Moscow and in effect, five delegates from Moscow did attend that convention in Phoenix. So, I'm asking for a consensus of this Commission or a sense of direction as to whether we inform SCI or that we cannot participate in the 88 convention or that we will understanding fully that which is the potential. So, I would ask that among the Commissioners you give me a sense of direction as to what to inform SCI in Washington and I will take it from there. I am not lobbying one way or the other. We do have the convention now scheduled for the Summer of 88, and I need to know. ..They have asked me to give them answer by next week or tomorrow actually is what they asked as to feeling of this Commission and I am now asking on the record the feeling of this Commission. Mayor Suarez: Is the policy of SCI generally approved by the State Department ■�° r-:' as to who attends and who does not attend? Do they get any blessing from the State Department? Mr. Plummer: The State Department is a part of every conference of SCI. Mayor Suarez: I frankly see no problem with moving ahead with the plans for the convention and leaving it up to the Commissioner at some later point to raise any objections. I ... that's... Xf, Mr. Plummer: Well, but you see that's the point. I'm trying to avoid a problem later, and SCI was Honest enough to come forth and ask for, you know, ` a declaration at this time, and I think that was fair of them and I feel in fair we have got to go back to them with an honest answer. Ms. Kennedy: Yes, I think whatever we do we have to decide now, we just can't t any "yes" let's go ahead and then say "no" we change our mind and we don't... Mr. Carollo: Well, J. L., I think that possibly we should, if you want, form a committee to meet with them on this. The Mayor, as Mayor of this city definitely Y be of that committee and part just bring it up at the next f Commission meeting. You know, find out all the information. I mean, you have given us a lot... Mr. Plummer: Joe, I'm prepared to answer any questions as the representative of SCI at this point. They have asked for an answer because the want to ?. consider... Their convention this year is in L. A. and they are having some seventeen hundred delegates, if they have got to reconsider the 88 site... Mr. Carollo: What dates are their convention this year? ;,. Mr. Plummer: In July sometime. Mr. Carollo: July. Well, we have plenty of time I think, and it's obvious, that a convention of this nature that you and so many in this city have put so rt 26 May 7, 1986 2; much work and emphasis in bringing, we would want to have that here, but I think that w--> probably are going to have to satisfy some of the questions that I'm sure some people will have. So, what I would suggest is that we would take this up at the next Commission meeting and in the meantime, maybe have the Mayor gets some questions with you and then directly meet with those �n< representatives to answer whatever questions... additional questions there ;I might be. Mr. Plummer: All right, Mr. Manager? Mr. Carollo: I'm not talking little group , I'm talking of a Mr. Plummer: OK. Fine. I'm not forcing the issue, Joe. OK. I just am ... they have asked for an answer and I want to give it to them. So, Mr. Manager, would you please schedule this item for a decision on May 22nd or any subsequent date that is chosen, and if you have any questions, you can funnel them to me and I will get them to Washington or I will try to answer them for YOU* Mr. Carollo: I have the utmost confidence, J. L., that this Commission is going to handle this issue appropriately. Mr. Plummer: Fine. 12. BEGIN DRAFT OF CHARTER AMENDMENT TO PROHIBIT LEASE OF CITY PROPERTY UNLESS FOLLOWING 90 DAYS FOR PROPOSALS, ETC. Mr. Carollo: If I may at this point and time I would like to bring up a brief resolution that we instructed the City Attorney to have drafted for today. If I may read it. It so states "A resolution instructing the City Attorney to ' begin drafting for City Commission approval a Charter Amendment for submission to the electorate this Fall that would prohibit any lease of City -owned property unless following a minimum period of ninety days during which proposals shall have been solicited through newspaper advertisement, there Yx have been at least three (3) written proposals received from prospective lessees but if there are less than three (3) such proposals and the City Commission determines that the contemplated lease would be in the City's best interest then, subject to approval of the electorate at a referendum, the lease could be approved." I think this would be one of the best possible safeguards. It won't be completely safe proof. No, but I think it would be i an additional safeguard that we can have in our City Charter to protect City owned land to the maximum way that we possibly can for this generation and future generations, and I so move this resolution. ��r w Mr. Plummer: I second the motion. Mayor Suarez: It's been moved and seconded, any discussion. It seems that you are basically requesting that the Commission instruct the City Attorney to Y begin drafting a proposal. Mr. Carollo: That's the only way that it could be done Mr. Mayor, before that we can vote on a, you know, final proposal, it can't be before a hundred 4 twenty days before an election. So, this is the first step that we could do by law. Mayor Suarez: I'm sure at some point we will go over all the fine points of what you are proposing and... Mr. Carollo: Absolutely. Mayor Suarez: ...as far as directing the City Attorney, I have no problem with that. Commissioners, any further discussion? We are going to let this pocket item go through, Commissioner, but please once again, let us know in advance, at least five days before Commission meetings what items you want us to consider. Please call the roll. rt 27 May 7, 1986 } Hit-V The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-337 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO BEGIN DRAFTING FOR CITY COMMISSION APPROVAL A CHARTER AMENDMENT FOR SUBMISSION TO THE ELECTORATE THIS FALL THAT WOULD PROHIBIT ANY LEASE OF CITY -OWNED PROPERTY UNLESS FOLLOWING A MINIMUM PERIOD OF 90 DAYS DURING WHICH PROPOSALS SHALL HAVE BEEN SOLICITED THROUGH NEWSPAPER ADVERTISEMENT, THERE HAVE BEEN AT LEAST THREE (3) WRITTEN PROPOSALS RECEIVED FROM PROSPECTIVE LESSEES BUT IF THERE ARE LESS THAN THREE (3) SUCH PROPOSALS AND THE CITY COMMISSION DETERMINES THAT THE CONTEMPLATED LEASE WOULD BE IN THE CITY'S BEST INTEREST THEN, SUBJECT TO APPROVAL OF THE ELECTORATE AT A REFERENDUM, THE LEASE COULD BE APPROVED. (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. 13. DISCUSSION re CABINET'S WITHDRAWAL OF THE WATSON ISLAND APPLICATION. Mr. Carollo: Real briefly, Xavier, this is just a statement that I would like to make, particularly since I see somebody in the audience here. It's my understanding, Mr. Manager, you confirm this, if this is so, that yesterday the Cabinet in its meeting deferred or, should I say, withdrew rather, the item on the extension of Watson Island. Am I correct in stating that? Mr. Odio: Yes, sir. Mr. Plummer: They pulled the plug. Mr. Carollo: Excuse me? Mr. Plummer: They pulled the plug! Mr. Carollo: Which in effect, as I understand it kind of finishes the whole question on the present situation that we were looking at on Watson Island. Is that correct or not? Mr. Odio: Sir, I need a legal... because Mr. Meyers, wrote me a letter yesterday saying that he intended to come back within ninety days with another plan, with another financial plan. As far as I understood, this issue was dead, but that's what he claims in a letter that he was instructed by the Commission. Mr. Carollo: Can we get either John Meyers or the City Attorney to, you know, give us some enlightenment on this? Ms. Dougherty: Your question is whether or not John Meyers can come back in ninety days with a new financial plan. rt 28 May 7, 1986 :-y i ry[r, i B I x, s Mr. Carollo: Well, what I'm saying is anybody come back to ask for a new RFP to be issued in a whole new process that might take some time to do. I think we all are in agreement with that. What I'm saying is that this whole proposal as had originally been presented with what was...and what I mean by that is the plan, not the individuals or investors or anything like that. Based on the fact that the Cabinet did not give it an extension, is this now finished or not? Ms. Dougherty: Two things have to occur. First of all, in your last motion all you did was rescind your motion to send it to the City Manager. At any time ninety days from now, if the Commission feels satisfied that he has got a financial plan, they can send it back to the City Manager. With respect to .; what happened with the DRI, they would have to start that process totally new. Mr. Carollo: Completely new. Ms. Dougherty: Absolutely. Mr. Carollo: Ok. Well, I think you have answered my question, that that's what I meant, that based on that it would seem that, you know, unless that whole new process begins again, you know, that this is... Ms. Dougherty: To get a development order, yes. Mr. Plummer: But that process only relates to the DRI. Mr. Carollo: I understand that. I understand that, but that's still an extensive process, J. L. Mr. Plummer: Well, let me make a motion, Mr. Carollo, if I may. There was a fallacy in that RFP that I think needs correcting, because at this particular time that marine group has no termination or expiration date. We... Mayor Suarez: The marine what? I'm sorry. TV - Mr. Plummer: The company, John Meyer or whatever the name of that company is, who were the bidders have no... Mayor Suarez: On the award? It has no... ,M_ z ? Mr. Plummer: There is no award. In other words, the RFP was put out and didn't say there is drop dead date. In other words, you must do by... as it stands today, he can still twenty years from today, put up a proposal. Now, 24 I'm going to offer a motion, which is, I think, Madam City Attorney, within �4<•. the purview of this Commission to reject bids, —that we give, Mr. Meyer, no Nh,,', longer than ninety days, at such time if a proposal not acceptable to this Commission is in our hands, that we will, in fact, reject the proposal. That brings it to a determination and a completion one way or the other, and I think that's important that we have a amen date. For examples ***that's my motion. For example, that you cannot go out for a new RFP, because he still has rights. So, what I'm saying is that we correct the fallacy that did W` not ---for some way it was not put into the RFP and that we give him ninety days, which I think is a reasonable period of time as indicated by him in the �U newspaper, that he either put before this Commission a proposal that is acceptable or we will, in fact, reject the bids, and I so move. Mr. Carollo: J. L. I will second it for the, you know, the sake of s discussion. I think that, you know, I follow your point where you are saying ;• based on the original RFP, that, you know, that was not picked up, but I think ' that what we are going to be doing now by doing that, you know, this is indeed z.' a finish for the meantime, we really have to start all over again, if he wants to come back, I think we should just leave some things lie and not, you know, meddle the waters any longer on that. You know, to begin with, if we are to r.� ever consider anything else there, I'm sure there is going to be a tremendous amount of interest from all over the Country of people that are going to be interested in maybe bringing in a proposal. So,... Mr. Plummer: Let me tell you my fear. rt 29 May 7, 1986 u'. }- Mayor Suarez: Now, what Commissioner Plummer, is proposing, if I may interrupt just for a second, is basically, the rest of your prior resolution with a specific time deadline. Ninety days to get their act together. Mr. Plummer% OK. Let me tell you my fear. It was brought to my attention, rightfully or wrongfully, that there was a proposal to sell those rights which are now enjoyed by the only bidder. There is that potential that could happen and circumvent your resolution right now, because they are grandfathered in. Mr. Carollo: Sure, but then what we are doing is, if they are selling rights to who knows whom, then, you know, we are really putting ourselves in a sad situation again, because we don't know whom that might be. So, I think we 3~; shouldn't put ourselves in the predicament of ninety more days wondering. j! Mr. Plummer: Well, as it stands now, if you don't pass this motion... Mayor Suarez: It's indefinite the way it is now. He is proposing a deadline in which they have to get their act together or forever... Mr. Carollo: Right, but what I'm saying is if we are going to give a deadline, then let's give something that's going to be a lot shorter than that. Ms. Kennedy: Ninety days is very generous, I will go for it. Mr. Plummer: You want sixty days... Hey, I'm not trying to set the dates, I'm trying to bring it to a conclusion. Mr. Carollo: No, no, I know what you are saying, J. L. ;. Mr. Plummer: You want sixty days? Mr. Carollo: Well, I think that we could at least split the time in half, you k`' know, it would not... Mr. Plummer: Forty-five days. Mr. Carollo: Forty-five days. Mr. Plummer: That's fine. N i r x Mr. Carollo: I will second that. 4 Mayor Suarez: So, moved and seconded, any further discussion from this L: Commission? r t Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Madam City Attorney, did I understand you to say that if, Mr. Meyers, came in here at the next Commission Meeting and filed whatever he had to file and was willing to spend the three or four hundred thousand dollars that it takes to go back through the DRI, that we could not stop him? p 'w Mr. Plummer: Sure, we cant Ms. Dougherty: No, you can always reject the proposals. You can always not send it to the City Manager for negotiation. All I'm saying to you is at your last Commission Meeting the action you took was a status quo as if it had never come to you the meeting before. So, you are in a position now to do one of two things, reject the proposals, reject the proposals immediately, ninety " days from now, forty-five days from now, or send it to the City Manager for negotiation. Mr. Dawkins: OK. All right. If we reject it immediately, then we let the gentleman know it's senseless to continue to beat his head against the wall. If we give him ninety days to go out there and go through an exercise in futility, that's unkind, I think. rt 30 May 7, 1986 t Mr. Carollo: Well, I think you are right, Miller. If you want to make a r substitute motion, I will second it. In fact, I withdraw my motion and based 4,.. upon, you know, your statements, which I think you are correct, Commissioner, a I now will make a motion that we let the gentleman know that we are not interested, period. Mr. Plummer: Madam City Attorney, would that be... the only reason I put the ninety days or days period in there, sixty days, forty-five or whatever it is, I know at one time they threatened a lawsuit, that they had some vested rights t'- and I'm only concerned ---I will vote for the motion as presented by, Commission Carollo. I just felt that if you give them a time frame, they cannot say that they were cut off and didn't have the opportunity. Now, I will abide by, Madam City Attorney, what you feel is fair. Mr. Carollo: Madam City Attorney, would we...OK, J. L. Madam City Attorney, would we be in any legal jeopardy if my motion would be passed now? Mr. Dawkins: Let's go the with forty-five, Joe. Let's go with the forty- five. Mr. Carollo: No, excuse me, Miller, let's hear what she says. .` Mr. Dawkins: OK. I'm sorry. I'm sorry, go ahead. Ms. Dougherty: Commissioner Carollo, the ... when the matter was at the last Commission meeting it was proposed that we reject it at that time. They don't have any vested rights, but I think as a matter of due process they ought to be informed that this is going to be taking place and they ought to be present and able to... x° x Mr. Carollo: Well, what is the... can we then place this item for the next agenda on the 22nd and then make the final decision there? Ms. Dougherty: Yes, sir. Mr. Carollo: Would that be your recommendation? ' Ms. Dougherty: Yes. Mr. Carollo: OK. That will be my motion then. F' a a Mr. Plummer: Fine. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, any further discussion from the Commission? Mr. Carollo: And should we clarify that we are voting upon this motion in the way that it's been worded only for the sake of protecting the City's concerns, legally, that is. Mr. Dawkins: And also, to let the investor know that, you know, don't waste his dollars, because he doesn't have the votes up here. So, let's don't pull his legs, that's what I'm... Mayor Suarez: I think that's the clear signal being sent. Please call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-338 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE, IN THE NEXT CITY COMMISSION AGENDA OF MAY 22ND, THE MATTER OF THE WATSON ISLAND DEVELOPMENT PROJECT FOR DISCUSSION IN ORDER THAT THE CITY COMMISSION MAY MAKE A FINAL. DECISION ON THIS ISSUE. rt 31 May 7, 1986 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. STATEMENTS FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, I have one other item that I... Mr. Carollo: OK. Xavier, if... Mr. Plummer: You have got one, Joe? Mr. Carollo: Yes, just real brief, J. L. Mr. Plummer: OK. Mr. Carollo: I think now that we are seeing that, you know, by the State's non -action yesterday and by our statements here today, that this issue of Watson Island has really come to an end as it was presented, I think that it is time that we put this whole Watson Island polemic to rest, and for this Commission and this community to move on ahead in other positive areas of work. At the same time since I see a dear friend of mine here, Felipe Vals, who is a member, a distinguished member of the Cuban American Foundation, I r " would like to, again, state for the record, like I have said at least a couple of dozen times in different media during the last weeks, that the Cuban American Foundation, the concept in which it was founded, has always had the ' highest admiration and respect from me. At no time whatsoever have I questioned the motives or the concepts on which this Foundation was founded. M`. I think that the vast majority of its members are very hard working, dedicated, honorable men, and because I did not agree with four of its members that were involved in this adventure of Watson Island, that should not have been taken at all or twisted around as this Commissioner questioning the Foun- dation. And again, I ask publicly of those four members to please not to involve the Cuban American Foundation, nor Radio Marti, in the polemic that we had over Watson Island any longer. The question here was whether Watson Island was a good project or not, not whether somebody's patriotism or my patriotism was greater or whether the Foundation or Radio Marti or anything else was good, bad or had anything to do with this island. So, Felipe, I hope that since you were here, you could express my sentiments to the vast majority of your members that are very honorable, dedicated, hard working individuals, not only for our community, but for the liberation of Cuba, and at the same time I hope that those four individuals that I had a difference of opinion with relating to the Watson Island issue will do as I have stated here to ��- leave this to rest this is in the past now, and , p , go forward in working in other additional areas that are going to be of positive returns for all the " people of Miami. Thank you. rt 32 May 7, 1986 I 14. DRAFT PROPOSAL FOR REFERENDUM FOR COMPLETON OF NOGUCHI PLAN IN BAYFRONT ` PARK. =r ram': Mayor Suarez: Commissioner Plummer? Mr. Plummer: Mr. Mayor, very briefly and quickly, I would like to ask through a motion that the City Attorney also be prepared to start drafting a proposal for a referendum just working on it and as it relates to the completions of the Noguchi Park in Bayfront Park. I am going to schedule for the next <; - Commission meeting by Mr. Marty Fine, who will come and make a presentation and I'm not saying that we will go with the issue, but I would like to have the City Attorney, Mr. Gilchrist and others start to prepare those things that possibly will be necessary, if this Commission so sees fit to place it on a ballot, and I would move at this time that the City Attorney be instructed to start to prepare such a resolution. Mayor Suarez: Is this related to the amphitheater or are you talking about the rest of... Mr. Odio: That was my question. Mayor Suarez:...because we have that item coming up. We ought to maybe... Mr. Odio: Yes. Ms. Kennedy: coming up this afternoon. Mr. Plummer: Well, it really does not. This is to the completion of the total project. r Ms. Dougherty: Are you talking about a bond issue ? r. W, Mr. Odio: Including the removal of the library and... w' Mr. Plummer: Including everything. L`z t Mr. Odio: I'm just asking. Mr. Plummer: Mr. Manager, let me refresh your memory. This Commissioner is on record that the Bayfront Library Building will come down once all of the money is in the bank. Mayor Suarez: Good point. Yes, we don't know if we.. Mr. Odio: OK. Mr. Plummer: OK. So, what we did in the past was say that we would get together everything that was possible and then possibly go with the bond issue to secure... Mr. Odio: OK. Mr. Plummer: ...the remaining balance. All I'm asking you is is to start preparing such a resolution, whatever is necessary, so that if necessary we have to go to a referendum for a bond, that we will be prepared to do such. That's all I'm asking. Mr. Carollo: I second that motion, you know, it's not problem. Mr. Odio: OK. Mayor Suarez: You will have, I'm sure, a lot more discussion when the item does come up on that amphitheater. We...I have never gotten more telegrams and letters on any issue since I have been here and I presume the rest of the Commission the same way to make sure that those facilities are accessible to no profit organizations and so on and I see you nodding. I think we are hopefully, heading in the same direction. rt 33 May 7, 1986 KN Mt ff Y «r w W Mr. Plummer: Well, we will have ... like you said Mr. Mayor, we will have an awful lot of discussion on that item. Mayor Suarez: We have a motion and a second, any further discussion from the Commission on instruct;ing the City Attorney to prepare a draft of that referendum question? Please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-339 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PROCEED TO DRAFT A PROPOSAL FOR A REFERENDUM IN CONNECTION WITH THE COMPLETION OF THE NOGUCHI PLAN IN BAYFRONT PARK; FURTHER INSTRUCTING THE CITY MANGER TO SCHEDULE THIS ISSUE FOR DISCUSSION AT THE NEXT CITY COMMISSION MEETING OF MAY 22ND; AND FURTHER IN- STRUCTING THE CITY ATTORNEY, MR. GILCHRIST AND OTHER INTERESTED INDIVIDUALS, TO START PREPARING THE NECESSARY INSTRUMENTS IN CONNECTION WITH SAID REFERENDUM. 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. Ms. Hirai: For the record, Commissioner Carollo vote "yes". 15. AGREEMENT WITH MIAMI CENTER ASSOCIATES FOR MIAMI CONVENTION CENTER RETAIL SHOPPING SPACES INTO EXHIBIT AREAS. Mayor Suarez: Now, we are on Item 30. Mr. Dawkins: The Manager asked that we take 45 out of sequence please. Mayor Suarez: Is that the exhibit hall? Mr. Odio: Yes, sir, because all of the people have to go back to the County for a meeting today. Mayor Suarez: How does this play into the work being done by Commissioner Plummer's Committee? Mr. Plummer: What item? Mr. Odio: We...45. Mayor Suarez: 45. They want us to consider that so they can go work with the County. Mr. Odio: We were instructed by a resolution of this Commission to finalize an agreement with Miami Center. Mayor Suarez: Oh, ok. That's just our existing facility being converted. rt 34 May 7, 1986 7,. Mr. Plummer: Our committee is in full accord. Mayor Suarez: Do you have any ideal how much it's going to cost? Mr. Plummer: Two million. Mr. Odio: Up to two million dollars. Mr. Plummer: That includes renovation as well as the buy outs and everything. Mr. Odio: That...it is,. Mr. Plummer: I so move forty-five. Mayor Suarez: Moved, do we have a second? Ms. Kennedy: Second. Mayor Suarez: Moved and seconded. Mr. Dawkins: Under discussion. The renovations will be owned by whom? Mr. John Gilchrist: The exhibit space Commissioner Dawkins, will be owned by the City of Miami when it is renovated and made into Mr. Dawkins: Space. Mr. Odio: We have... There are twenty-two thousand square feet of stores that are owned by the developer. Those square footage will be returned to the City of Miami. We will own the space and we will get the revenues from that space. Mayor Suarez: Are we basically negotiating with the tenants or are we basically negotiating with the Hyatt? Mr. Odio: We do not negotiate with either one. We are negotiating with the Miami Center Associates who own the rights to that and they in turn will negotiate with the tenants. We have nothing to do with the tenants. Mayor Suarez: Are we having to pay some middle man... Mr. Odio: Yes. Mayor Suarez:...in this case to buy back leases or are we basically using the... Mr. Dawkins: Buying them out. We are buying some houses out. Mr. Odio: We have to ... we will have to pay... Mayor Suarez: Are we basically paying the price of getting rid of the subtenants, in effect? Mr. Odio: That is correct. We will have to pay in some cases. Mayor Suarez: And some of them are at default? Are we making sure that the ones that are in default don't have to be paid anything if they are in default? Mr. Gilchrist: Yes. Yes, sir. Mr. Odio: The developer is doing that, sir. The developer has an interest in that we get the most out of the money so that we have the best facility available. Mayor Suarez: Well, are we monitoring the developer's negotiations so that we don't pay for someone that's already in default and has no rights and it just has to be declared in default? rt 35 s� May i, 1986 t t LA .%,\jam, Y 4 f pF 1 1 � r e ' Mr. Odio: Yes, sir, we are. a rt t Mayor Suarez: It's not going to be like the guarantee of the Bayside agreement is it?, which I finally got and it still doesn't state what company x; is guaranteeing it. It just says Rouse Company, by the way, it doesn't say which one. ,n Mr. Dawkins: OK. Let me see... Mr. Gilchrist: That's the parent company, sir. Mr. Dawkins: Let me see what... +K Mayor Suarez: Well, it should state it, John. You know that, it should say the Rouse Company of Baltimore, Maryland by its Vice -President, whatever. I'm sorry Commissioner. Mr. Dawkins: No problem. As you negotiate and get into this agreement, let me see, so I can see the wording that spells out that this property says it and... Mr. Odio: The agreement is attached for...in the package. It is concluded Commissioner. Mr. Dawkins:... if it does say that we own it. It says that in this agreement I got in here? Ms. Dougherty: This is not an agreement. Mr. Odio: The agreement specifically will cover what they Miami Center Associates letter covers and that we are in possession of the property the moment we switch the square footage, we are receiving the revenues from it. That all will be spelled out clearly. We are also getting released from five hundred parking spaces that they now control in the Center's building. We are t. S also asking them to... F Mr. Dawkins: So, that means when I go down there to eat, I won't have to pay to park anymore in one of the five hundred slots? Mr. Odio: Well, what will happen is that when that whole deal was put together, the developer kept five hundred parking spaces for the use of the < hotel. They have never used those parking spaces, yet they will not release them. Now, as part of these negotiations they have to release it so that we can rent them out and get some profit out of them. Mr. Dawkins: I think one of the things you should consider is working out some kind of a deal with the restaurant there, because I don't go there to eat, I go to the Brickell Holiday Inn, because I'm not...I don't pay for parking, and when I have breakfast meetings, I go over there where I used to go to the Hyatt. Mr. Odio: I suggest you use the Metromover is working... Ms. Kennedy: Would we have the last word as to the fees we will charge? Mr. Gilchrist: Pardon? Ms. Kennedy: Will we decide the... Mr. Gilchrist: We have the approval over any of the by outs. Mr. Odio: Excuse me, once we own the square footage,... Ms. Kennedy: Right. Mr. Odio: ... we control it completely and we will determine the... Ms. Kennedy: OK, and we control the maintenance and everything? rt 36 May 7, 1986 Mr. Odio: We control the whole thing. We own it and we decide what fees ... you decide what fees will be charged... Ms. Kennedy: Right. OK. Mr. Odio: And hopefully, this will help us reduce even further, the deficit at the Knight Center. Mr. Dawkins: Well, maybe I will be able to get my car parked up top like J. L. Plummer's now. Mr. Odio: Well, you have to... Mr. Plummer: If you learn how to tip, it's not problem. Mr. Dawkins: It was moved, wasn't it? Mayor Suarez: Item 45 has been moved? Mr. Plummer: I moved it. Ms. Kennedy: And it has been seconded. Mayor Suarez: Moved and seconded. Are you sure, Madam City Clerk? Ms. Hirai: Yes, sir. Mayor Suarez: Any further discussion, hearing none, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-340 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CENTER ASSOCIATES, LTD. PROVIDING FOR THE CONVERSION OF MIAMI CONVENTION CENTER RETAIL SHOPPING SPACES INTO EXHIBIT AREAS IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED LETTER FROM SAID FIRM AND UPON THE FURTHER CONDITIONS THAT IF THE UNIVERSITY OF MIAMI CHOOSES TO EXERCISE ITS OPTION PURSUANT TO THE TERMS CONTAINED IN ITS ATTACHED LETTER DATED APRIL 22, 1986 THEN ALL PROCEEDS RESULTING FROM SUCH EXERCISE SHALL BE USED TO FUND THE COST OF IMPROVEMENTS IN SAID CENTER. (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: Further clarification again, we are talking about the Miami Center Associates with the Convention Center, the Knight Center? — rt 37 May 7, 1986 As Mr. Plummer: This is the retailed area will come out... Mr. Carollo: That we had discussed, Mr. Manager, right for the Knight Center? Mr. Odio: Yes, sir. Mr. Carollo: OK. Mr. Odio: These are the stores. The store area in the Knight Center. 16. APPROVE CONSTRUCTION DISBURSEMENT SCHEDULES FOR MODERATE AFFORDABLE HOUSING OFF CLAUGHTON ISLAND AT SHELL CITY AND EAST LITTLE HAVANA SITES. Mayor Suarez: Item 30. A disbursement schedule for the two Squire Properties Projects. Mr. Plummer: That completes the Consent, right? Mayor Suarez: I believe, yes, we had even taken some out of turn. Mr. Bob Olson: Bob Olson, Department of Development. Herb Bailey, has asked me to prepare the analysis that you have before you. It is an explanation of each of the line item amounts in the development performer for each of the two projects. We have also with us today representatives of ---I believe, representatives of the two projects. We have Mr. Pitts, and Mr. Simons of Tacolcy and I think we have Manny Rivera of East Little Havana. Mr. Plummer: Wait a minute, this...Oh, I see, it's both. It's East Little Havana and Shell City? Mr. Olson: Right. It analyzes the development performer line items for each of the two projects. Mr. Plummer: Do I have a copy of the original proposal? Mr. Olson: Which? Mr. Plummer: In other words, the schedule that we had before. copy of that presently? Mr. Olson: It wasn't attached to the memorandum that you have... Mr. Plummer: Yes, here it is. Here it is. Mr. Odio: Yes, it's in your packet. Mr. Plummer: Well, I got it on Little Havana. Mr. Odio: And you have one for Tacolcy behind it, Commissioner. Mr. Olson: Yes, I believe it is. Mr. Odio: Right behind it there. They are both included. Mr. Olson: Right. Mayor Suarez: Does the City Manager recommend these? Mr. Plummer: I got a problem with them, Mr. Mayor. Mayor Suarez: Commissioner? Mr. Plummer: Well, I haven't seen Tacolcy's. Mr. Odio: It's there. Do I have a rt 38 0 May 7, 1986 f� 'p�Yt t t I Mr. Plummer: East Little Havana took the opportunity to come visit, but 5 _ 1 t the... Mr. Odio: Well, then accept it. You accept one and not the other. Mr. Plummer: Well, I can maybe accept both of them if we go over these things. For example, I have got a real problem ... What is Development O.H.? 7=_ ; Mr. Olson: That's developer's overhead. It's industry... Mr. Plummer: OK. I think eight hundred and eighty-one thousand dollars for overhead by the developer is absently just out of question. I think contingency for a hundred thirty-three thousand dollars is out of question. I think...you know, we were told and by the way, Mr. Mayor, this applies to both. OK. We were told that people were going to swim a river to get these units, that there was such a demand, and yet in this proposal I'm seeing eighty-six thousand dollars to try to sell the units. Now, somebody has given us a misnomer. If those units are going to be gobbled up before they hit ---a shovel hits the ground, why do they need eighty-six thousand dollars to sell them and in Little Havana, ninety-five thousand dollars to sell them. Now, I for one am not ready to approve unless I have a complete breakdown of what this eight hundred eighty-one thousand dollars for the overhead is as I have asked for from East Little Havana, I have not had the opportunity to go through, but buddy, somebody has got to do an awful lot of explaining to me, that a nonprofit organization needs eight hundred eighty-one thousand dollars for so-called overhead. I want to tell you the inference there is not good. Mr. Pitts: Commissioner Plummer, on page 6 of the memo from the Manager, our overhead is two hundred twenty-one thousand eight hundred ninety three dollars, roughly five percent of the total development budget. Mr. Plummer: Excuse me, sir, I am reading from those backup documents furnished to me by the Manager, if they are incorrect, I stand corrected. al Ms. Kennedy: The budget estimate. Y<. 4. Mr. Pitts: Well, that's two hundred twenty-one eight zero three. Mr. Plummer: Sir, I am reading from the document that's called Shell City rental, 3/11/86 page 6. Development O.H. Budget eight hundred eighty-one F thousand three dollars. Mr. Pitts: No, those are two's sir. Mr. Plummer: Excuse me? Mr. Pitts: Those are twos. That's two twenty-one eight zero three. Two twenty-one. Mr. Plummer: All right, well, you can come look at mine and they look like eights. Ms. Kennedy: It's a clear eight. It's a very clear eight. Mr. Plummer: OK. Does that look like eight eight one to you? Ms. Kennedy: And then the rent up and market, is that eighty-eight thousand seven eighty-one or is that also two? Mr. Pitts: No, that's an eight... Ms. Kennedy: That is an eight. Mayor Suarez: I put it this way. It better be two two one and not eight eight one. Mr. Plummer: Well, OK. Mr. Mayor, I still have a problem. Why does a nonprofit organization have to have two hundred twenty-one thousand dollars for overhead? rt 39 May 7, 1986 tih� V i 'hyi Y. ^iv z ^f z F Mr. Pitts: It's not for the nonprofit organization, it's for both the nonprofit organization and the developer, and it works out roughly to about ' thirteen thousand dollars a month which works out to about six thousand dollars for our organization. ,..i Mr. Plummer: What are you doing? Mr. Pitts: Well, we are involved in the entire process. Mr. Plummer: What? I mean, tell me what you are doing. t Mr. Pitts: We are overseeing the construction. We are involved in... Mr. Plummer: That's what the developer is for. Mr. Pitts: Well, we are doing it jointly, Mr. Plummer. We are involved in the construction. We are selecting minority participation, we are spot checking payrolls, we are approving change orders, we are involved in the entire process. And roughly, myself, about fifty percent. of my time and the developer that's involved in the project is only six thousand dollars. Our total budget, for example, for staff is about twenty ---operating budget about twenty thousand a month. So, for the two of us which represents two fifth of our staff, is involved in a full-time basis in the project. One of the purposes of our getting involved in CD's is to develop our capacity to do future projects and to also develop, you know, some resources in the future for continuing these kinds of efforts. r n Mr. Plummer: OK. We disagree on that one. OK. Contingency? Mr. Pitts: Contingency is for possible change orders... " n Mr. Plummer: A hundred thirty-three thousand if this photostat is correct. ' Mr. Pitts: That's about three percent which is often low. The government allows as much as ten percent of contingency in projects. Especially,... Mr. Plummer: Who controls that money? Mr. Pitts: The bank controls it. We don't get it unless it's needed. Mr. Plummer: No, no, no, the bank doesn't control it. y- f Mr. Pitts: We would not ... when we go to the bank to submit our...for our cost, we have to certify the cost. Mayor Suarez: Are you talking about the portion of the construction cost that will be coming from a bank. The portion of a construction cost that will be coming from us, there is no such mechanism that a bank overviews in anyway .:k r or oversights. Mr. Pitts: All these funds are being placed in an escrow and the bank is �� •, going to administer the funds, in effect, and the escrow agent who has an escrow agreement would only release these funds upon certification if the draw is correct, which is pursuant to your resolution. 13 l Mr. Plummer: But who approves whether or not those change orders or whatever, come from the contingency? Mr. Pitts: Well, first of all, the architect has to certify them, and the bank will also do a certification on all draws in construction. We cannot put a number in there unless that change is resulting from some change orders being made. For example, we had a change in Edison Plaza of some twenty-four thousand dollars just in the changing of plumbing, because when the inspectors came in the layout was incorrect. So, we are trying to just make those potential changes and three percent is not a high number. It's only three percent of the total cost, when ten percent is often allowed and in most instances you consume those dollars. Mr. Plummer: You can what? rt 40 May 7, 1986 J K i M t L 4�4 k. 1 4 t-' Mr. Pitts: Most instances you will expend those dollars, three percent is not an unreasonable contingency to have for a project of this size, in fact, any project, but ten percent is often allowed and it's liable by the federal government in almost all projects. Mayor Suarez: It is entirely possible the contingencies will not arise that -. call for spending out of this fund, in which case, what happens with the money. Mr. Pitts: We will not draw those funds down. We are not going to draw them down unless they are there and available. I mean, unless we have to spend .•t : them. Mayor Suarez: And it would result in a lower cost for the units, is that ... can we assume that? Mr. Pitts: Well, those —if we have some savings and the bank... Mayor Suarez: I mean, you have got a budget here. If you don't use that money, as contingency fund, if you don't use the money, do we then assume that the units will cost less? Mr. Pitts: Well, it may or may not cost less. There may very well, be what we would like to do with project. Mayor Suarez: Somebody else might take off with the money. Mr. Pitts: No, no, no, no, that's not ... let me, if I may, respond. What we would like to do is if we have had some savings in these projects is pass them on in the way to improvements of the projects and not take those funds for ourselves. Mr. Plummer: But who controls that? a- ' Mr. Pitts: The bank controls it in effect. Mr. Plummer: No, no, if the bank pays the money, and they are in the business to loan the money, that's what they are in the business for. OK. Who controls the hundred thirty-three thousand dollars? Mr. Pitts: Commissioner Plummer, we can only get those funds if we provide 1� �.,;..A aft them with actual cost for the reimbursement. Mayor Suarez: Let me see if I can resolve this. Commissioner Plummer, if we were to keep an oversight over these funds so that it would not be included in the budget and they simply had an extra expense, we would have to approve it. Would that be acceptable to you. Mr. Plummer; That's acceptable to me. That's acceptable to me. Mayor Suarez: It's a contingency fund, you may not need it. If you need it come to us. Mr. Plummer: But if you do tap it, you have to come before this Commission for approval. Mr. Pitts: Well, Commissioner Plummer,... Mayor Suarez: He is in effect, giving you more. He is approving it in principle. He is just don't spend it unless we approve it. Mr. Plummer: That's right. Mayor Suarez: Just going to make us work a lot more. Mayor Suarez: We are going to be joint developers with you, in effect. Mr. Pitts: OK. Let me, if I may, offer another possible alternative. The bank in this instance is going to...we are going to have to certify each draw rt 41 May 7, 1986 Y } t � t 1 j after them and we can only do that and the contract, in effect, comes to us and says I will expend "X" number of dollars, which the architect then goes back to certify, because they are not going to pay him unless that's the case. These funds will not be expended unless you can bring ---show us, he has to a first get authorization from us to even get a change in the change order, because the architect has to then say, this represents a change or does not represent a change. t Mayor Suarez: Otis, this is a contingency fund, is the only issue we are talking about here. Mr. Plummer: No, I want to talk about marketing... Mayor Suarez: At this particular point we can solve that issue by simply specifying in our resolution that the Commission will have oversight authority over contingency fund spending, that's all. Mr. Pitts: But my only reason for reacting in this fashion is that many times .'` these changes have to be made, the contract is on the job immediately, it maybe a change that needs to be made in a fairly short period of time and to come back to... Mayor Suarez: Well, when you have a five point whatever million dollar budget <>. to build these, I'm sure you can move some monies around to get your, you r` know, short term situations resolved. That's what the consensus I hear... Mr. Plummer: See, let me tell you what bothers me also, Otis. OK. In your proposal ... in your proposal for contingency funds you are in the third month already showing a draw on contingency. In the third month, October of 1986 with your clock starting running in July 1st. Now, that tells me something. That tells me that there is going to be a screw up some where that in the ` third month you are already going to be drawing on contingency funds. � Mr. Pitts: What we are trying to show in the development schedule and this r is a performer, is to anticipate when our changes may occur, and when the contingency will normally occur. We are figuring at three months into the project, if a contingency is going to occur we are trying to estimate when those contingencies most likely would occur. Mr. Plummer: I accept the Mayor, compromise. Let's go to the other one. Why eighty-six thousand dollars for marketing? For what we were told that the *; x need is so tremendous that you will be completely sold out prior to putting the shovel in the ground. Mr. Pitts: Well, several things... Mr. Plummer: What are you going to do for the eighty-six thousand? Mr. Pitts: Well, we have... Mayor Suarez: When is the time of that, by the way, the eighty-six thousand for marketing? Is that towards the end of the project? Mr. Pitts: It doesn't start until the tenth month, but I think in both instances it could mean more work rather than less, you are having screen tenants or to screen purchases. I mean, if they are coming and standing in line, there is a whole process with qualifying them, the surtax dollars are involved, income verifications are involved, legal documents to be drawn up. It's not an easy effort to say they are going to come. The more people you have got, the more work is involved in that. It's really qualifying buyers and a lot of other things to be done in this. So, it's not a simple process if they do come. Mr. Plummer: Who is the developer? Mr. Pitts: The developers in...well, we...TDC and our departments A&R Development in Little Havana . Mr. Plummer: Well, who is the developer? rt 42 May 7, 1986 F II 1 { �w Mr. Pitts: A&R Development and Rogers is our co -developer. Mr. Plummer: And he is going to be your developer? 1� Mr. Pitts: Yes, sir. Mr. Plummer: And for that he is going to receive approximately sixty-five { hundred dollars a month? Mr. Pitts: Approximately, yes, in the overhead. Mr. Plummer: And what's he doing for it? Mr. Pitts: Well, he is doing a number of things. First of all, he is putting his money on the line. He is out of pocket now over sixty thousand dollars. He is ... he brings... Mr. Plummer: You are not telling me he is in this as a nonprofit? Mr. Pitts: No, no. No, no. I'm saying now, one, he is investing his money and taking the risk that's involved, two, he has the deep pockets in this, so the banks, in effect, are looking to him for the other four million or so dollars we are borrowing and the whole nine yards, and plus, he brings the experience because we don't have experience in doing this type or scale of development. Mr. Plummer: That's exactly my point, you don't have the experience, but yet you are going to get sixty-five hundred dollars a month also out of it. Mr. Pitts: Well, we bring somethings to the table too, some value. In addition to that, as you have also, done in the City of Miami, part of the effort here is to develop an income stream for CDs' with the shrinking funds that are now available from government and the whole nine yards, the foundations that are involved, surtax and others along with the City is looking at creating a capacity within these groups to be able to do further projects, future projects, not just to come and be a renter, or render CD, if you will, for developers that come in and get in these projects. Mr. Plummer: Well, I'll tell you, you don't have my vote on those three items. OK? I think you are spending taxpayers' dollars and that it is f`N mandated that you break down every item because you have stood here in front of me and told me you don't have the experience in-house to do these items and �.. yet you're going to get S6,500 a month. I want to know what are you going to do for that $6,500 a month, and I want to know what the developer is going to do for $6,500 a month. And we don't have that breakdown. I want to know r_;.. where this money is going to be spent for marketing. Mr. Rod Petri: Commissioner, my name is Rod Petri. I'm an attorney, I'm working with Tacolcy on a pro bono basis and I'd like to respond, if I could. What Tacolcy brings to this project is the doability of the project. Well, we've got two players here, we have a private developer who has experience around the country in doing these kinds of projects. He knows what he is doing. Mr. Plummer: And he is entitled to a fee. Mr. Petri: Yes, sir. We have a community group that is local in the community right next to the Shell City site. Mr. Plummer: Yes, sir. Mr. Petri: It attracts the nonprofit funds, the Ford Foundation funds, the Equitable loans, the favorable Southeast Bank loans. It is a joint effort. Both groups bring something to the party. It wouldn't happen without both. And two objectives are achieved. Number one is in Tacolcy's case we get 121 units of housing built on this site. In East Little Havana's case we get 111 units built. Secondly, we build the strength of these community groups. That is the second objective here that we need to keep in mind. These groups are going to be there after the housing is built, after it is occupied, after it is sold and they're going to do other things in those communities. rt 43 May 7, 1986 s,s . Mr. Plummer: Counselor. this commission has been very very beneficial to Tacolcy in keeping them in the mainstream of this community. I don't know what we give you in the run of a year, but it is a good amount of money. What fi do you mean no, no, no? $179,000 and supervision for the Tacolcy Center - let's don't go into that, we can't. What I'm saying to you, that the primary purpose of this entire project is to build housing, not to build the little group of Tacolcy. That is still not answering my question. My question is where are these moneys going? Mr. Pitts: Commissioner Plummer, we can... I'll let Rod continue, but I want to add one thing. Please separate out Tacolcy Development portion from Belafonte Tacolcy Center. We are not receiving any funding for our operation from the City of Miami TDC, we're not. Belafonte Tacolcy Center is. I want j to clarify that. Mr. Plummer: Again that's fine, I'll accept that even though I might have a disagreement. I want to know what bang for the buck. The developer, he is going to go into his pocket, he's got a risk which I don't agree with that he has a risk. OK? I don't agree with that - guaranteed money from both the island and from the Ford Foundation and others, I question how much risk is actually involved. But I want to know what the hell they're doing for that amount of money. You don't give me that. Mr. Petri: Well, Commissioner, the City of Miami and the Tacolcy Project gets a $5.6 million dollar construction cost project out of this. Mr. Plummer: No, sir, it's not construction cost, that's my problem. Mr. Petri: Well, the total cost of the project is 5.6. Mr. Plummer: That is also my problem. Mr. Petri: Well, let me address that because for a million six of Swire money ` you're getting 5.6. You pick another figure but you're getting 5.6. You're leveraging the money. The reason that money can be leveraged is twofold. �- We've got an experienced developer who knows what he is doing, that is why the banks are going to come in. Mr. Plummer: Fine. {Y Mr. Petri: And we've got a community group that is able to attract the nonprofit funds. Without that combination we couldn't do it. A private developer acting alone would not get the Ford Foundation money. Mr. Plummer: I don't disagree with that. Are you saying that because they attracted that financing package from the foundations that they're entitled to a fee? Mrs. Kennedy: Or that you could have find another community group that could also attract the money but with experience. `;•s, Mr. Plummer: That's right. Mr. Petri: Well, Commissioner, perhaps that's true but I've looked around the City of Miami as you have... Mrs. Kennedy: And you couldn't find one? Mr. Dawkins: You know, Counselor, I tried not to get into this but let me bring you up. I told them from day one it was not enough money. I told them they shouldn't let them off the hook for no 5.6, and you're standing here this morning. sir, confirming what I said. It is not enough money. We did not demand enough money from Swire for not having built houses. So now, Mr. Pitts has got to go around with his hat in his hand which I've got no sympathy for him because I told him this was going to happen, and now it ain't coming out right. And like he said, it is through generosity of this Commission that they accepted that lousy amount of money that this thing is going on. So, put that in its perspective when you start saying that the City of Miami is going to get. rt 44 May 7, 1986 i 1 y�L Mr. Petri: Well, Commissioner, the fact is though we've got the pieces in place. We've got the Swire money of a million six for each of the two groups, we've got the four or five million dollars in Ford Foundation, Equitable and other money coming into these projects... Mr. Dawkins: How much is the Ford Foundation? Mr. Petri: Ford is how much, Otis? Mr. Pitts: A million two. Mr. Petri: The four or five million I'm talking about for each project is the total amount of other funding that is coming in in addition to the Swire money. But it is leveraging that kind of money. You're going to get the housing built for the million six of Swire in each project. That is the critical achievement we've got here. I think we all can agree on that. We're going to get that. We're ready to go. The only thing that's holding us up — we've got, by the way, the bank commitment for Tacolcy; we've got the Lisk commitment for Tacolcy; the Ford and Equitable commitments are waiting on the action of this Commission, they're ready to go too. They want to see the construction disbursement schedule. All we need is approval of this construction disbursement schedule. It has been reviewed by two professional groups. One is your own staff which has said that it is reasonable. All the percentages in there are well within if not way below the industry averages for this kind of project. Secondly, it has been reviewed by all the technical experts at the lenders. Southeast Bank has reviewed this in excruciating detail and thinks that it is a reasonable construction disbursement schedule. In fact, it questions the lowness of some of the figures, not the excessive— ness of any of the figures. The reason some of those figures are low is because we have some pro bono services in here, because we have some people j contributing time and effort. This is a beautiful project ready to go. a Mr. Plummer: Counselor, all I'm saying to you is that I want a break down. I want a break down. I want to know where that $88,000 is going. Mayor Suarez: Which one is that, the marketing? Mr. Plummer: That's marketing. Mr. Petri: We have that, I believe, for East Little Havana. Mr. Plummer: I've got East Little Havana's, they gave it to me this morning. OK? I want it from you. I want to know who is receiving the money. Mr. Pitts: One, will have to hire full time staff to lease up the properties, leases have to be prepared and those documents. The counseling that is involved, the manuals prepared for the tenants, it has to be done by people xF that will be doing that job specifically on the job. Mayor Suarez: I would propose leaving that for a later Commission approval. I'm not disposed to approve any moneys for marketing right now. If they're, 4 in fact, needed as much as we've been told, you may not need all that money �0. for marketing at all. You may have to, you know, people may be beating on your doors. And that's ten months down the road you've said, so I would be disposed to leave that out of the resolution at this point. Mr. Pitts: Well, as I indicated these are performas, and if at some point in the experience of the project we could spend less we would be happy to spend less. Mayor Suarez: Well, that one in particular, if the Commission consensus, as I hear it is the way I hear it, we might just not approve it at this point, we might leave that out. My own feeling, by the way, as I've told you, both groups, is the construction costs are not low as you indicated, I think they're high. But hopefully through competitive bidding we'll get the lowest possible price for building these units. We'll have to see. Mrs. Kennedy: Let me ask you a question on Little Havana. rt 45 May 7, 1986 s yY.. a�' p j4 t Mayor Suarez: Commissioner Kennedy. ?.p k Mrs. Kennedy: I see on page 4 developer supervision $245,000. This item covers the costs incurred and profits to be realized for the for -profit co - covers developer design management investment. Did we tell you to get a co- developer, a for -profit co-developer? Mrs. Prio: As Tacolcy, we have a for -profit co -developer with experience, yes. ` Mrs. Kennedy: And who is design management? ti Mrs. Prio: Mr. Israel Beagleman and Mr. Mauro Hernandez. Mr. Carollo: OK, now, if I may ask for the record, do any of these people here, do you have any subcontracts with any other firms in doing any of this work? For the record, please. UNIDENTIFIED SPEAKER 1: No, we don't. Mr. Carollo: Sir? For the record, is that a no? UNIDENTIFIED SPEAKER 2: No. Mr. Carollo: OK. The gentleman back there. Mr. Joe Matthews: I'm Joe Matthews, I'm with the law firm of we represent East Little Havana CBC. Mr. Carollo: OK, fine, we've got plenty of attorneys here. Thank you. One additional question, if I may. r` Mr. Plummer: The developers... - 4 4 Mr. Carollo: As far as the people that are going to do the actual construction, what are the names of the firms that you have? If you �k recollect, in some past conversations we had months ago when this whole thing was unraveling, as I understood, it was expressed to me you had made contacts y s with some people for construction. Mrs. Prio: Months and months ago we were considering using another developer but now we are about to sign the joint venture agreement, we are with DMI and Tm' .'" we have no other commitments. Mr. Carollo: So these were the people that would be doing the construction and no one else? Mrs. Prio: No, they are the developers. We have nobody for construction at the moment. Mr. Carollo: Developers. OK. Who are you talking to for construction? Mrs. Prio: Nobody at the moment, we are going to bid it out. Mr. Carollo: Have you had any talks at any time with anyone for construction? Mrs. Prio: We have spoken to, in the past, Pefla and Pelaez and Related Housing. Mr. Carollo: Pefla and Pelaez, that's Eladio Pefla and Pedro Pelaez. Mrs. Prio: Eladio Pefla. Mr. Carollo: Eladio Pefla, that's right and Pedro Pelaez. OK, thank you very much. Mr. Plummer: Let me ask of the Manager. Mr. Manager, the Mayor has expressed a good concern that he feels and I feel that possibly construction costs as proposed are high. What control does this Commission have if we feel that it is too high? rt 46 May 7, 1986 r - At Mr. Odio: That is a good question, I don't know at this time. Mr. Plummer: I'd like a good answer. Mr. Odio: Well the only thin you're going to et from me is I don't know • Y g Y 8 g 8 M , and I will have to check it out because I have not reviewed their ... I thought that was not our responsibility. Mr. Plummer: But you see, Mr. Manager, I think we've got to have those ` answers now because if we don't approve these schedules as presented they can't draw their money, and I think all of these answers have got to be in line prior to us giving them the first step because without this approval they `. can't take the first step. Mr. Odio: Since I don't know, Mr. Bailey might know. ` Mr. Plummer: That scares me. Mr. Herb Bailey: I think there are two sets of controls that we have here relative to the expenditure of any of these funds. First of all, the lending institutions that will participate in this, the banks, just by the nature of the way they do construction financing, have a certain amount of control relative to draw downs and approvals prior to draw downs and inspections that justify those draw downs as it relates to the moneys needed. We can request, in our deliberation, to also participate in that. For instance, in the types of development that we plan to do in the future for the housing. We have been warned by the banks that they will be there to bring to us their experiences in these types of situations in drawing down and to review the process. So I think what you're getting here is not only just participation by their developers and their counsels, but the lending institutions also are very strict on that. Mr. Plummer: That doesn't satisfy me. Participation is one thing, they'll let me sit in on the meeting. If I disagree with that discussion at the V ' r meeting at the table, what control does this Commission who ultimately will either take credit or the fire for what is completed project? Mr. Odio: Commissioner, my problem is that we were told to stay out of this, that the money would come from Swire, you would pick the groups and we would stay out of it. Now, if you want us to get involved... Mr. Plummer: Who told you to stay out? Mr. Odio: You did, the Commission. That's what I understood, that we were f not to get involved in that project. Mr. Carollo: Let me say this: As far as the construction companies, I think the way it should be done is by competitive bidding. Mr. Plummer: Oh, definitely. Mr. Carollo: Now, the way that I envision the competitive bidding that should be, and the way I would like to see it is not people sending in their bids to the respective developers that we have here, but sending their bids for each project to the City Clerk like we do other bids in the City of Miami. This way there won't be any question on whether somebody really had a lower bid or not or whether someone had an advantage or what have you. If it is given to the City Clerk like we usually do things then I think we put those questions to rest. Mr. Dawkins: Joe beat me to the punch, but I would like to know from the Latin group, Mr. PeAa and those what's their ethnic? Mrs. Prio: I beg your pardon? Mr. Dawkins: The builders, what ethnic.... Mr. Carollo: Pefia and Pelaez? rt 47 May 7, 1986 d° n.; X Mr. Dawkins: Yes, what are they? They're Indiana, Americans, Cubans or what? Mrs. Prio: They're Hispanic, I believe. 8,. Mr. Dawkins: They're Cubans. OK, it don't make no difference. Now, Mr. +f Pitts, they've got a Cuban contractor to build in Little Havana. Who is the black contractor you got to build in Liberty City? "= Mr. Pitts: Well, not unlike East Little Havana ... L Mr. Dawkins: No, no. I'm talking. She wants to tell me something else about Little Havana. t' Mrs. Prio: I'd like to tell you that we don't have a contractor right now. Mayor Suarez: It's got to be done by competitive bidding. Mr. Dawkins: Well, how did the other guy get in it? 2 Mrs. Prio: We have developers. At this point in time we have not bid for construction at all yet, Commissioner. Mr. Dawkins: Well, how do you know you've got enough money? Mrs. Prio: I beg your pardon? Mr. Dawkins: OK, in plain English, if you have not bid the job how do you know you've got enough money to complete the job? Mrs. Prio: With our developers who are very experienced in building this type of housing in Dade County, we have developed a very knowledgeable estimate of what it would cost. Mr. Dawkins: Mr. Bailey, what are the minimums, square footage that we have agreed to accept in units? Mr. Bailey: I don't think that we indicated what would be desirable, we ' didn't have any acceptability in terms of square footage. Mr. Dawkins: What are we accepting in the rest of Miami? Mr. Bailey: The standard square footage that is set by HUD is 750 square ... Mr. Dawkins: Wait a minute now. This is not low rent housing, this is affordable housing. Mr. Bailey: No, it is not a matter of whether it is low rent or whether it is affordable, it is a matter of what is the normal acceptable square footage for certain rooms in housing construction. Mr. Dawkins: Well, why would HUD set a requirement for the City of Miami? Mr. Bailey: They don't set the requirement, we sort of use that as a guideline as to what is being done. We base a lot of our decisions ... Mr. Dawkins: So that is a guideline. Mr. Bailey: We use that as a guide. Mr. Dawkins: So we can go up or down from the guideline. Mr. Bailey: Most of the time we go up, you can go down, I don't know whether you can reach a market by going down, but that minimum, in most cases we try to go above that minimum. Mr. Dawkins: Before you go any further, what kind of units are you going to build, one bedroom, two bedroom, three bedroom? Mrs. Prio: All three, mixed. rt 48 May 79 1986 Aft s j 'r. a t hr( �Ar t Mr. Dawkins: Mixed, one, two and three bedrooms. What are you going to {, build, Mr. Pitts? r:`. Mr. Pitts: One and two. Mr. Dawkins: One and two. OK. What is the square footage for ones, Mr. Bailey? " Mr. Bailey: Minimum square footage I think is 550 square feet for one 7: bedroom, the average is about 650. Mr. Dawkins: Average. OK. Don't give me no more minimums. OK? I just finished telling you I'm not building low rent housing. Mr. Bailey: I don't know what they have proposed. Mr. Dawkins: All right, then give me the average. What is the average for one bedroom? Mr. Bailey: 650 square feet. Mr. Dawkins: So 700 square foot for one bedroom should be adequate, right? Mr. Bailey: 700 square foot would be an average size. vi Mr. Dawkins: All right, for two bedroom, what would be a good... Mr. Bailey: 850. Mr. Dawkins: All right, 850. And for the three bedrooms? a Mr. Bailey: They go anywhere from 950 up to 1300 square feet. That is usable space. Mr. Dawkins: Do you have any... What is the square footage of your units? Mrs. Prio: The one bedrooms, the estimate for the one bedroom is 570, two bedroom 700... Mr. Dawkins: No way, I will not accept it. I mean my vote. OK? We're not building pillboxes for people. OK? And this is what I've been trying to tell you people. Don't just because people are poor and can't help themselves don't take advantage of them. If you came out here and told me you were going to do some affordable housing that's what I expect you to produce. OK? And don't produce nothing that me and you wouldn't live in. Now that's my feeling and 500 square feet, especially in my neighborhood... Mrs. Prio: 570, excuse me, Commissioner. Mr. Dawkins: He just told you the average is 650. Mr. Bailey: The minimum is 550. I would say an average is around 650. That is what we're recommending. Mr. Dawkins: The minimum is what you find in low rent housing, and when you go in there the people can't turn around. Mr. Bailey, you can go in a bedroom with 500 square feet and once you get the bed in it you can't put a dresser or a chair or nothing else in the room. Mayor Suarez: What is the minimum according to the South Florida Building Code? Mr. Dawkins: So what we're doing is subsidizing inferior housing. Mayor Suarez: Let we ask, if anybody knows what the minimum is in square footage for a one bedroom according to the South Florida Building Code? Mr. Bailey: I think they sort of comply with the ones I just mentioned, Mr. Mayor. We all use a basis for coming up with what we think is acceptable. t 49 May 7, 1986 Mayor Suarez: I've got a proposal. I've listened to the Commissioners, I've ;. listened to your presentations and it will be in four parts, that we otherwise approve what you have presented subject to the following: On contingency funds that you have proposed that we retain oversight, so you really don't '. have any right to spend any of it until we have approved it, this Commission has approved it - any expenditures from that fund. On marketing, our approval of spending it is not approved, any marketing expenses are not approved at this point period. If you are able to convince us later that is up to you. On construction costs, you follow competitive bidding process, the City Clerk will announce and use the sealed bid procedure that we use here and it will be announced at City Hall in the normal ordinary way as if we were, in fact, the City was, in fact, the builder. And on administrative overhead, Commissioner Plummer, just a suggestion here that we only approve six months and that we get an accounting after six months of your overhead expenses to see if you're entitled to another six months, or if you have saved some and are able to return back some to the project in the form of savings. Mr. Plummer: I second the motion. Under discussion, Mr. Mayor, I want to note that Little Havana did what I asked of them, and if you all don't have copies I'll be glad to furnish it to you. And they did give me a complete breakdown on the developer's supervision. They did give me a breakdown on the miscellaneous and contingency and they did, in fact, give me a complete break- down on sales and marketing. I don't agree with all of it, but at least they provided it to me. But I do want to note one thing - a great major difference between the two projects - Mr. Pitts and his group has indicated that part of the marketing cost is to counsel, pre -qualify and make final selection on buyers or renters, yet Little Havana has included that in their 50 percent of the development fee. I want to make that for the record. So I go back again and ask what are you doing for your 50 percent and why the money for the marketing fee? If they're doing it in their proposal as part of their 50 percent, why do you need to do it in the marketing? Look, in the final analysis, we are dealing with public funds. You are dealing with public funds. There has to be a total accountability and credibility. These documents which we have to work with today are inadequate in my estimation. I �.. accept the Mayor's proposal or the compromise, I think it gives you the opportunity to go back and come up with these kind of documents as provided by Little Havana and I think that the rest of the questions have to be answered. There might come the day when this Commission has to come forth and justify something that didn't go quite right and if I'm sitting on this Commission I want to have the answers and the reasons why and that's why I think the compromise is a good position. Mayor Suarez: You're not going to argue with that? Mr. Pitts: No, I'm not arguing anything. I'm simply saying, Mr. Plummer, I'm happy to provide you with whatever information you wanted. I have discussed with East Little Havana their meeting with you of yesterday afternoon, I wasn't able to get a meeting, unfortunately, with you. But we're happy to provide any breakdown that you want as it relates to any of these items in here. We think the items are reasonable and in talking off, in effect, I shouldn't have been trying to talk to East Little Havana, but I was interested in some items they had in terms of costs and expenses that I found to be very similar that's the reason for explaining that. I would, with regards to our approval time process, we are operating on a fairly tight time schedule to move some things along and we've been trying to do some things to meet your deadline. The developer has incurred the out-of-pocket costs, paying for architectural drawings and the like to move the process to try to meet your deadline, so we're up against it in terms of getting an approval process and moving ahead. Mr. Plummer: By this amended motion of the Mayor, we are letting you proceed. Mrs. Prio: Mr. Mayor, do you have copies of what you gave Commissioner Plummer for the rest of us? Mr. Plummer: I'll be glad to furnish it to the Clerk for copies. Oh, they're already got copies. Mrs. Prio: Mr. Mayor, could I ask you to restate ... rt 50 May 7, 1986 Mayor Suarez: At the risk of losing what may be a certain amount of momentum, yes, you can say something. tr'.. Mrs. Prio: Could you please repeat what your motion consisted of, please? Mayor Suarez: Yes, the four modifications, I just threw my little notes away. The contingency funds were not approved. I believe your proposal contains those also. We want to approve each expenditure of contingency funds. We don't believe that you cannot proceed without that approval, we frankly believe you could probably move moneys around and God knows what else you can do, borrow money from your developer or something to keep going if you have any urgency at some -point -and I see him smiling so I'm sure he'll put some money in if he has to. The marketing, the approval of spending, you'd have to T' come back to the Commission and submit, I presume, a fairly itemized - which h4 - in your case you may have done already - but in any event, we're not approving it, it is subject to our approval and I think there are some philosophical questions on this Commission in doubts as to whether we need to spend money to market what is supposedly in such great demand, and particularly with all the subsidies that you'll be getting and the cost will be so low. Construction costs and all your construction procedure will have to be by sealed bids, work with our City Clerk so that they will be opened at City Hall and submitted to us here. We will not be the developer, we will simply announce the bids received so that we can keep an oversight on that process and lend to you our procedures which are rather efficient and public and assure competition. And on administrative overhead expenses, you get six months approval and you come back and give us an accounting and maybe you'll get another six months or eight or ten months after that, whatever amount you need to complete the project. Mr. Dawkins: (INAUDIBLE) Mayor Suarez: OK, we ought to build that in as Commissioner Dawkins has suggested, the two minimums that he proposed for one and two bedroom units which were 650 and what, 750? Or 800 or 850? Mrs. Kennedy: 850 he said. S � Mr. Bailey: Three bedrooms 850. �.' Mayor Suarez: For one bedroom 650, two bedroom 850? Mr. Bailey: A two bedroom was 850 ... Mrs. Kennedy: And three bedroom anywhere from 950 to 1300. Mr. Bailey: 600 for one. Mayor Suarez: 600 for one, OK. Mr. Bailey: We were looking at 750 for two. Mayor Suarez: 750 for two. 900 for three? Mr. Bailey: 850 for three. Mayor Suarez: 850 for three. No penthouses. Mr. Bailey: But we got in that Little Havana proposal they are pretty much close to that anyway. Mrs. Prio: Could you restate those numbers, please? 600, 750 and 800? Mayor Suarez: 850. Mr. Bailey: 850. Mayor Suarez: For a three bedroom. t; R E_ Mr. Plummer: May I make a suggestion? To both of the groups, I strongly F suggest that when you put together your RFP, since it is now going to be going 4 E rt 51 May 79 1986 YZ^T. �y ' through a bidding procedure of the City, that before you put those RFP's out, that if nothing more, as a matter of courtesy, you run them by this Commission. Because, if, in fact, the construction, as the Mayor has a gut reaction that construction is going to be too high, I would hate to see this Commission being accused of delaying the project because none of the bids were acceptable. So if you run those draft RFP's by this Commission first then I think you can possibly avoid the problem in the final analysis. That is s . merely a suggestion, you do what you want but I'm putting you on record now. Mayor Suarez: It's not a requirement, it is a suggestion that should be well - taken. To the extent that we can help in that process, we'll be able to help you. Mrs. Prio: Is it possible to comment on the motion? Mayor Suarez: At your risk. Mrs. Prio: Yes, we are perfectly aware of that. I think, Mr. Mayor and Mr. Commissioners and Madam Commissioners you should be aware that as to the marketing, no approval for the marketing that we may run into problems with the lenders in that regard. The lenders ... Mayor Suarez: I'll do public service announcements for you for free telling people these units are available for the price in question. Seriously, you should be able to do quite well without having to spend a lot of money on that. Mr. Plummer: Yes, especially when you're showing S2,O00 for personnel alone per month. Mr. Carollo: I call the question, Mr. Mayor. Mayor Suarez: Yes, I think we ought to close debate on this before we go on forever. We have that in the form of a motion made by Commissioner Plummer with amendments that you accept, I presume, Commissioner, reflecting the considerations or the concerns of Commissioner Carollo and Dawkins. Mr. Carollo: And the bids, again, for the record, will be handed into the City Clerk of the City of Miami. Mayor Suarez: Right. Ms. Hirai: Are you moving the motion? Mayor Suarez: No, it is Commissioner Plummer's motion. We need a second. Mrs. Kennedy: Second. Mayor Suarez: Seconded, thirded, please call the roll. Mr. Plummer: Excuse me, let me ask a question. As I recall, when we did the initial so-called public hearing, screaming match, whatever it was, did I not remember somewhere along the line that we asked and received from each one of the groups that they would accept all bidding procedures that the City presently uses? Mr. Pitts: No, in fact, I remember very distinctly Swire resisted that specifically, I guess because of the part that they were doing. Mr. Plummer: All right, then I stand corrected. Mr. Odio: That's why we stayed the hell out. Mr. Plummer: Go ahead, call the roll. I'm sorry to hold it up. Ms. Hirai: For the record, Commissioner Carollo votes yes. rt 52 May 7, 1986 �f. I � E ; j a P P, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-341 A RESOLUTION OF THE CITY OF MIAMI COMMISSION APPROVING, SUBJECT TO CERTAIN CONDITIONS, THE CONSTRUCTION DISBURSEMENT SCHEDULES FOR THE COMMUNITY DEVELOPMENT CORPORATIONS THAT WILL BE DEVELOPING CERTAIN MODERATE - AFFORDABLE HOUSING AT THE SHELL CITY AND EAST LITTLE HAVANA SITES PURSUANT TO RESOLUTION NO. 86-169, AS AMENDED. (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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins Mayor Suarez: I don't think there is any problem, our resolution, if passed, as a clarification, Commissioners, Mr. Matthews is asking about whether we are approving the expenditure of certain soft costs which are part of your schedule, we are. Mr. Plummer: Oh yes, we're allowing you to proceed. Mayor Suarez: You can proceed. Yes, you will have money as the result of this. You're just going to have a lot more oversight than we initially intended to exercise but such is life. Mr. Plummer: Certain areas we put hold on. Mayor Suarez: Right, and we've held back a couple of your expenditures and imposed certain minimum standards on size. My vote is yes. Thank you very much for your presentations. 17. FIRST READING ORDINANCE: AMEND SEC. 5 OF 9539 - AUTHORIZE BOND PROCEEDS TO BE USED FOR FINANCING LOANS TO DEVELOPERS; ETC. RE CONSTRUCTION OF PRIVATE RENTAL LOW AND MODERATE INCOME UNIT. Mayor Suarez: We're going on to Item 31, an emergency ordinance. Mr. Odio: The City Attorney is requesting that it be not an emergency ordinance, that it be taken on first reading. This issue is the balance of 2.1 million dollars of the 1976 Housing Bond. Mr. Dawkins: What are we doing now? Mr. Odio: Item 31, sir. It is the balance of the 1976 Housing Bonds. Mayor Suarez: What did we do with this last time, did we not vote on it? Mr. Odio: No, it was deferred. Mayor Suarez: Was there anything specific that we wanted to hear prior to voting on it that we deferred it, Matthew? rt 53 May 7, 1986 Mr. Matthew Schwartz: I believe it had to do with the acceptance of the establishment of the housing agency, that was one of the main items. Mayor Suarez: I see. Mr. Schwartz: There were some other comments about priority for city residents who are on the public housing list which have been included in this. Mayor Suarez: OK, we're using 2.1 million from the Housing Bonds, the old $25,000,000 Housing Bonds and we're using $3,000,000 ... Mr. Odio: $3,000,000 from the County Surtax. Mayor Suarez: .... from Surtax, so we're really asking the County to give us the money and we're applying all this to Overtown Park West in the hope that some of the units will be more affordable. Only 10%, if I remember correctly, of the units will actually be available to people of low income, is that the correct percentage? Mr. Schwartz: To very low income plus 50% of the median family income. But if we make the units ... Mayor Suarez: What about the other 90%, anyone? Mr. Schwartz: No, they will be affordable for families with incomes between 80 and 120 percent of the median family income which is for Dade County, for a one person household, is $19,000. Mayor Suarez: What percentage of the units are in that category? Mr. Schwartz: All of them. Mayor Suarez: All the rest have to be in that? Mr. Schwartz: Yes, because these units are being developed under the City of Miami's Affordable Housing Program which requirement, that was the land acquisition. Mayor Suarez: I guess the more you pump in surtax moneys the more affordable they become. Mr. Schwartz: The County approved the utilization of Surtax funds for rental housing for this project at yesterday's County Commission Meeting. They issued an RFP which our developers are responding to. Mayor Suarez: And the 5.1 million dollars are not earmarked for any other project specifically, they can be used for any one of two or three that are sort of in the hopper at this point? Mr. Schwartz: This will set up and establish the program, we will then have to come back with the individual applications and the Commission would have to approve each one and it would be limited to the rental housing in Southeast Overtown/Park West. Mayor Suarez: Rental housing in Southeast Overtown/Park West because the Housing Bonds are limited to rental housing, right? Unfortunately. Mr. Schwartz: Yes, sir. Mr. Plummer: Move it on first reading. Mayor Suarez: Well, it is an emergency. Mr. Odio: No, the City Attorney requested it be a first reading. Mayor Suarez: First reading, right. All right, moved on first reading. Do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Do we have to read the ordinance prior to voting? rt 54 May 7, 1986 4P IP THEREUPON, THE CITY ATTORNEY PROCEEDED TO READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Dawkins: Madam City Attorney, you read February 4th, '86, I've got February 4th '76, which is correct. Mrs. Dougherty: You are correct. Mr. Plummer: Question, does this completely deplete that fund? Mr. Bailey: The Housing Bond Fund? Mayor Suarez: Good question, what happened to the rest of it? Mr. Bailey: No, sir, it's not depleted. Mr. Plummer: How much more is in that fund? Mr. Bailey: Other than that has been allocated to Overtown Park West, about $2,000,000, I believe, two or three million. Mr. Plummer: $2,000,000 remain? Mr. Schwartz: I believe this is cost savings from some of the acquisitions for the affordable housing sites due to the deletion of the PBA site. Mr. Plummer: How much of the moneys have not been validated after this S2,000,000? Mr. Schwartz: I believe $18,000,000 has been validated. Mr. Plummer: So there is $5,000,000 left? Mayor Suarez: We've got 2.1 here. Mr. Schwartz: No, I think it has all been validated because I believe that part of the money went to Dade County in the early 1977-78. Mr. Plummer: May I between now and the second vote, may I ask for a complete breakdown of the remaining, or how the moneys have gone and what is remaining? Mayor Suarez: That's very important. You know, that $25,000,000 Housing Bond has been an issue in I don't know how many elections since it was initially approved and the voters are entitled to know what all has happened to the $25,000,000. It has been used for so many different purposes. We have a motion and a second, please call the roll. Mrs. Kennedy: Excuse me, I was out for a second, what is the motion? Mayor Suarez: To approve item 31 on first reading. Mr. Plummer: As recommended by the City Attorney. Mrs. Kennedy: All right. AN ORDINANCE ENTITLED — AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 9539 ADOPTED ON JANUARY 13, 1983 WHICH AUTHORIZED CERTAIN USES FOR PROCEEDS OF CITY OF MIAMI GENERAL OBLIGATION BONDS ISSUED PURSUANT TO ORDINANCE NO. 8514 ADOPTED ON FEBRUARY 4, 1976, WITH THE HEREIN AMENDMENT AUTHORIZING SAID BOND PROCEEDS TO BE ALSO USED FOR THE PURPOSE OF FINANCING LOANS BY THE CITY TO DEVELOPERS OR TO AN AGENCY ESTABLISHED BY THE CITY OF MIAMI OR DADE COUNTY, IN CONNECTION WITH FINANCING THE CONSTRUCTION OF PRIVATE RENTAL HOUSING UNITS FOR OCCUPANCY BY FAMILIES AND PERSONS, INCLUDING THE ELDERLY, OF IOW OR MODERATE INCOME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. rt 55 May 7, 1986 Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. DEFER LOAN PROGRAM OFF 1984 GENERAL OBLIGATION HOUSING BONDS. Mayor Suarez: Item 32 is related. It just sets up a program. Mr. Odio: For the loans, administered by the Community Development. Mayor Suarez: I'm not sure that 32 is needed in view of 31, but we're not setting up a bureaucracy here, you're just setting up ... Mr. Odio: No, no bureaucracy. Mr. Dawkins: Why do we designate Community Development as the entity to develop the guidelines for the said loan project? Why? Mr. Matthew Schwartz: Because when this was written, the housing agency was Community Development. It probably be more appropriate that this be done by the housing agency. We'll modify that before the next ... Mr. Plummer: Well, then let's defer it until we do the item on the Housing Authority. Mayor Suarez: We'll take it in conjunction with that item if we create the Housing Agency, then obviously, logically they would be the ones to do this as Commissioner Dawkins suggested. Is that acceptable? Mr. Dawkins: Yes. Mr. Plummer: All right, I move on 32 that this item be deferred until the second reading of 31. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, we could probably just postpone it without a motion, but call the roll on that motion. The preceding motion, deferring item 31 until such time as agenda item 31 (PREVIOUSLY READ ON FIRST READING) comes up for second and final reading was introduced by Commissioner Plummer, seconded by Commissioner Dawkins and 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 rt 56 May 7, 1986 R Y: 0 =FFz: L Yr'F. I 19. DEFER (1) OLYMPIC SAILING AND TRAINING CENTER, (2) ACCEPT BID OF SOUTHEASTERN CONCRETE FLOOR CO. FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT, AND (3) ACCEPT BID OF FRE CONSTRUCTION CO. FOR DESIGN PLAZA HIGHWAY IMPROVEMENT. Mayor Suarez: Item 33. Mr. Odio: 33 is an ordinance for accounting purposes to allocate these funds to be able to proceed with these projects that we list here and actually, the Olympic Sailing and Training Center should not be taken up now because you have not approved that expenditure. So if you want to wait to pass this ordinance ... Mr. Plummer: Well, we have approved the expenditure. Mayor Suarez: I thought we had approved it. Mr. Odio: Well, we have that item back here,, I don't think you did. Mayor Suarez: We might have some implementation item of some sort but we had approved this item I thought. Mr. Dawkins: Mr. Manager, I think we need some clarification here. Mr. Mano, did you tell me that this was a house cleaning item and we were going to, these funds have been expended and we are replacing these funds into a line item code from which we took them and they've already been spent, is that what you told me or not? Mr. Mano Surana: Yes, sir. Most of the items here are bookkeeping items. We had to clean up accounting except there are two items which is Design Plaza and North River Drive ... Mr. Dawkins: And what now? Mayor Suarez: North River Drive Improvement? Mr. Surana: Yes. Item 34 and 35. Those are the two new items there, everything else is bookkeeping. Mayor Suarez: Yes, we have approved the $100,000 for the Olympic Training site. Mr. Plummer: How does 33 relate to 34 & 35? Mr. Surana: OK, 33 includes increasing the appropriation for Design Plaza and North River Project. 33, everything bookkeeping, except those two things. Mr. Dawkins: How can it be.... I'm at a loss, maybe you can help me. OK? When I talked with you and told you I was going to vote no on this, you explained to me that this was strictly a bookkeeping journal entry. Mr. Surana: Parking Garage....Yes, sir. Mr. Dawkins: That this $21,000,000 had been expended out of line item for the lack of a better word A and, therefore, to balance the books, just a bookkeeping entry, that we were going to put the $21,000,000 into line item Be OK? Mr. Surana: Yes, sir. Mr. Dawkins: But now you tell me that $100,000 and $400,000 is due expenditures. So now, show me where I'm wrong. Mr. Surana: OK. Except two items, Commissioner. Mr. Dawkins: Well, why did you guys put the two in here with the others? See, this is how we get shafted up here. See, you've got me voting on $21,000,000 that you told me you already spent but yet you've got hidden in there $500,000 that you want to spend. rt 57 May 7, 1986 �Y t S xk �t Mr. Cather: Commissioner Dawkins, both of those items were in the Capital �y Improvement Program and because of the time it has taken to bring them to contract we have asked for increases in contract costs to cover the additional costs. Both of them have been in there all the time but there are increases in cost to cover the bids which we're going to have in the next two items so fi that they have to adjust the Capital Improvement Program to consider the increased cost on those two projects. Mr. Plummer: But that's not what it states on the agenda. Mr. Dawkins: That's my point, Commissioner. Mr. Plummer: See, the problem that he and I both have, for example, you are by this ordinance, you are deleting - deleting, not transferring or holding in abeyance but deleting - that means removing the new Fire Station 10, the City Hall Renovation, the City -Wide Park Improvements and the Southeast Overtown/Park West Street Improvements Phase I. Now, in respect for that, we're going to spend a million two for a concrete... what is this, a concrete floor, what is that? Mr. Surana: Fire Station 10. Mr. Cather: Excuse me, that is the name of the bidder. Mr. Plummer: What are they doing? UNIDENTIFIED SPEAKER: River Drive Highway Improvement. Mr. Plummer: What is that doing? Is that more important than a fire station? Mr. Cather: There is no connection, sir, really. Mr. Plummer: Sure there is a connection, you're doing away with a fire station to get that improvement there. You're deleting one to fund another. Mr. Odio: No. :. N Mr. Plummer: Excuse me. Let me read it to you again. $1,234,000 from the 1981 Fire General Obligation Bonds respectively by deleting - let me i.. underline the word deleting - four projects entitled: "New Fire Station NO. 10," "City Hall Renovations," "City -Wide Park Improvements," and "Southeast �^ Overtown/Park West Streets Improvement Phase I". Mr. Dawkins: Let me read you something a little further, J. L. It is recommended the City Commission adopt the attached Capital Improvement Program Ordinance, OK?, to add two new operations as follows: Olympic Sailing and Training Center $100,000, expansion of Fire Station No. 10 $1,234,000 and to delete four projects from the CIP as follows: ... You just added it now, new fire station, now we delete new Fire Station No. 10 for two and a half million dollars, we just added it up here for a $1,234,000. City Hall Renovations $25,000, City -Wide Park Improvements $300,000, Southeast Overtown/Park West Street Improvements $400,000 to increase the appropriations for three projects as follows: Miami Convention Center Parking Garage $21,482.000, Design Street Improvement $200,000, North River Drive Improvements $400,000 and now get this last line, J. L., and to decrease the appropriations for one project as follows: Miami Convention Center $21,482.000. Now does that make sense? Mr. Plummer: Yes, well just look at item No. 35. Now, where is the money coming for item 35 of $693,000 when you don't address it in 33? Mr. Mayor, I move that we defer item 33, 34 and 35 until such time it is put into plain English. I so move. Mrs. Kennedy: I second. Mayor Suarez: And I really have a suggestion additionally. I have a feeling that this Commission is going to want to vote, I know these are supposed to be housekeeping items, but they want to analyze then one by one, we take the votes one by one, as opposed to building them all into one item because it is confusing. It seems like some are related when they're really not and so on. rt 58 May 7, 1986 i Y. !� .h Mr. Dawkins: No, it's not. Look, I have a diploma, I don't have no zf µ certificate of attendance. OK? I can read, write and computate. If they put it in plain English I can read it. See? So I don't care how many of them you lump together if you put them in sequential order that I can follow. But you can't tell me that you're going to spend $21,000,000 up here on a parking garage and then you're going to come in in the last paragraph and say I'm u' going to delete $21,482,000. J` Mr. Plummer: Well, let me tell you what bothers me even more now that I read with scrutiny. You're taking the moneys to do this highway improvement for .` $1,200,000 from a Fire General Obligation Bond? f: Mr. Surana: No. Sir ... Mayor Suarez: I have a feeling we're going to want to take them one by one, Mano, but if you want to keep trying. Mr. Surana: One second, if you'll give me some time, sir. Mr. Plummer: Oh, I'm going to give you two weeks if not 30 days. That's in jail. I still make a motion that this matter be deferred until they can come around and put it in plain English and break it down for us. Bring it back next meeting, I don't care. Mr. Odio: We'll bring it down in June. Mr. Surana: OK. Mayor Suarez: So moved and seconded and I think it is a consensus of the Commission that we'd like a breakdown in clearer language. Call the roll. The preceding motion, deferring items 33, 34 and 35 for further " information was introduced by Commissioner Plummer, seconded by Commissioner Kennedy and passed and adopted by the following vote- 4 AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 20. SECOND READING: CHANGE RATE SCHEDULE FOR MIAMI CONVENTION CENTER. Mayor Suarez: Item 36, increasing rates for the Convention Center. Mr. Odio: Yes, sir, this is second reading. You approved it on first reading. Mayor Suarez: Second reading, right, we approved it on first reading. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any further discussion from the Commission? Hearing none, please read the ordinance. rt 59 May 7, 1986 F.. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED BY CHANGING THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE MIAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of April 10, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10103. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 21. CONTINUE PROPOSED ORD. TO CREATE A NEW DEPARTMENT OF HOUSING CONSERVATION 7 DEVELOPMENT AGENCY. Mayor Suarez: Item 37. Mr. Odio: Second reading of the Housing Conservation and Development Agency. Ms. Hirai: Mr. Mayor. Mayor Suarez: Yes. Ms. Hirai: We have bids at 11:25, we have bids to open. Mayor Suarez: At what time were they announced? Ms. Hirai: 11:25. Mayor Suarez: We can miss by a minute or two, can we not? Ms. Hirai: Of course. Mayor Suarez: It can't be before 11:25. I see George Knox over there nodding in approval and agreement. Second reading of the ordinance that would create the Housing Agency,, right? Any questions or discussion from the Commission? Mr. Plummer: Yes, I want to go on record. Mayor Suarez: I had a feeling there would be. Mr. Plummer: Well, it is not controversial, but I want some guarantees from the administration. I keep getting congratulated by Sergio Pereira thanking me for taking all of the burden off of his back and transferring it to the City of Miami. He said without question we have balanced his budget as soon as this second reading takes effect, that I think he told me 71% of public housing is in the City of Miami and that the minute we pass this he fully intends to dump that load on us. rt 60 May 7, 1986 Y {' Sit Y .yfU }L .{C T?' Mr. Jerry Gereaux: Legally they cannot, Commissioner. xa ;=! fA:...- Mr. Plummer: Well OK, I just want it on the record that Sergio is not as happy as he thinks he is and that when he hears that legally he cannot do it he is going to swallow his cigar. So you now, I just want to make sure. 4 Mr. Dawkins: Madam City Attorney, when we drew up the ordinance we put in there that our Housing Agency would deal with no federal subsidized housing, a °.• is that correct? Mrs. Dougherty: What we did was we anticipated that all of the items that were in our agreement with Dade County would continue to be done by Dade County. We would only be doing those things which those federal programs that came into existence after that contract with Dade County. Mr. Plummer: Well, I don't know, maybe I'll feel better, let me ask at least the question, that if we had wording in that ordinance as presented that says that we are only obligated from those from this day forward that would exclude any of the... We want to grandfather Sergio in on the other ones is what I'm saying. Would that be appropriate? I think I might feel more comfortable with the fact that this Housing Authority would only speak to new housing from this day forward. Mr. Odio: But are you saying then that the County has no responsibility in the future to keep doing housing as they have in the past? Mr. Plummer: No, not saying that at all. Mr. Odio: That's what you're saying, Commissioner. Mr. Plummer: What I'm trying to avoid is us picking up the tab for that they've been goofing around with for years. Mr. Gereaux: Mr. Commissioner, public housing, federally assisted subsidized — public housing, the public housing we have all come to know and appreciate is P g+ F g PP '`. the responsibility of Metropolitan Dade County under Chapter 421 of the laws of the State of Florida. This agency is not being organized under 421 and, therefore, will not be involved and cannot be involved in past public housing projects. Mr. Plummer: You know, I accept what you say but I also know the tremendous tand successful rate of lobbying that Dade County does in the State of Florida '�,".•, to change laws as they are needed for their benefit. Mr. Gereaux: Except, Mr. Commissioner, if the City were ever approached with Mr. Pereira's proposal the City would have to, by ordinance, accept that responsibility. Mr. Plummer: OK, look, all I'm doing is I don't want to see Sergio happy which means I don't want to be sad myself. So we're going into this with open eyes and you are personally making those guarantees and we will hold you personally responsible. If you're wrong, we're going to draw and quarter you. Mr. Gereaux: I understand. Mr. Dawkins: Madam City Attorney, that we do have that in the ordinance, don't we? Mrs. Dougherty: What I would suggest is that we amend by interlineation your second page where it talks about the general functions and duties of the Department, "(1) develop, implement and manage all programs related to providing housing assistance initiated by the City Commission," we would include in that, "not including public housing." Mr. Plummer: I think that does it. That helps. Mrs. Kennedy: Mr. Manager, do you know how many new positions will the creation of this agency entail? Mr. Odio: These are not positions from the General Fund of the City of Miami. There will be less positions, as I understand it, in this agency, I hate to rt 61 May 7, 1986 r". }t� ,y use the word department, than before, and they are not funded by the General Fund. Mr. Dawkins: In fact, they've just fired ten people who are angry with me. Mr. Odio: How many less people you will have there, please? Mr. Gereaux: We will be having five or six less people than we currently have, and I want to point out that any staff additions will only be staff additions that are funded through the federal programs that we are able to obtain. We plan on adding no new staff unless the federal government or the state government pays. Mr. Plummer: Who will be the staff to this agency? Mr. Gereaux: The staff of the agency will be the existing staff of the Housing Division of the Department of Community Development. Mr. Plummer: And who will they answer to? Mr. Gereaux: Well, the director will answer to the city Manager, the staff will answer to me. Mr. Plummer: It is my understanding that that agency is going to be a semi- autonomous agency to the City. Is that correct? Mr. Gereaux: This agency will be directly responsible through the City Manager's Office to the City Commission. Mrs. Dougherty: It's a Deapartment of the City. Mr. Plummer: No, that doesn't mean us. No, no, listen to what he's saying. I've got a problem. They're answerable to the Manager and the Manager will make the decisions. No, no. It was my understanding. Excuse me. It was my understanding that this Housing authority was going to be an authority such as ' DDA, such as Off Street Parking and they, in fact, would be a Housing Agency. Mayor Suarez: If that were the case, we appoint the executive director or the board that appoints the executive director. Mr. Plummer: But it is not subject to us if, in fact, it is answerable to the Manager. t � p�yd f'= Mayor Suarez: Oh, I'm very glad for the clarification. k Mr. Plummer: No, no, no. p, Mrs. Kennedy: I've had problem with it from the beginning. Mr. Herb Bailey: I don't know what everybody is loving here, I'm kind of confused, Mr. Manager... Mayor Suarez: It is two whole different ways of administering the agency, Herb. One is through regular staff answering to the City Manager which some of us thought that that was the way it was going to be set up and the other is through a aemi-autonomous agency, I say semi -autonomous for the City Manager - _" A � and answering to this Commission directly which would either appoint directly the executive director and have no board that advises it or it would have an advisory board that wanted them appoint the executive director or a board of directors. You've got to tell us how it is being proposed and see how this Commission wants to go. Mr. Plummer: Let me give you a third scenario. Mayor Suarez: Yes, we may have even more. Mr. Plummer: the third scenario is if this agency is semi -autonomous which I think should be, the staff would answer to that board and that board would answer to this Commission. And if that board doesn't do what this Commission, whoever is sitting here, feels is proper, we can replace that board as we're considering with the Sports Authority. rt 62 May 7, 1986 j4 t ` �f M k 1 5F Mr. Herb Bailey: May I try to clarify it, Commissioner? Mr. Plummer: Sure, please do. Mr. Bailey: The intent here is to have the agency function and responsible to f the City Manager with the Commission appointing an advisory board. Mr. Plummer: No, that's not the way... Mayor Suarez: The old rubber stamp board. Mr. Plummer: Yes, that's it. No, no. s Mr. Bailey: Well, we call it that, but it was never in the intent ... Mrs. Dougherty: You have the total control. Mr. Plummer: No we don't, not if the Manager, then he can go make decisions and then present them to us as a matter after the fact. �r Mr. Bailey: I don't think, Commissioner, that it is unlike any other activity that we have here that responds to the Manager that comes through the City z `N! Commission. You know the Off Street Parking Authority is a City Department 4'` even though they have a board that exercises certain prerogatives. And we're z not unlike Off Street Parking. However, we are recommending that because of the responsibility and the political commitment as it relates to housing ... r Mayor Suarez: That's why I said right off the bat that wee could keep Community Development Department as being the agency and that is perfectly legal and we've had that answered already to our satisfaction, at least to my satisfaction. We would have to create no new entity per se except we simply invest the Community Development Department with a new power which is that it is the Housing Agency, no new bureaucracy, no new titles, no new desks, no new anything, no new salaries. That's one way to proceed, the other one is to have an independent agency, semi—independent, semi —autonomous, not totally independent. WU Mr. Gereaux: Mr. Commissioner, Mr. Mayor, one of the reasons in considering r, how the new agency was going to be formulated that we made was the fact of what has been going on in the past with a lot of problems due to the fact that Metropolitan Dade County was involved extensively in a number of housing }; ,¢ programs and the City Commission really didn't have the opportunity to gain an understanding of how critical the problems are in the City and any influence r: over the overall housing strategy. We felt at the time it was being organized that the best way to handle it would be to have the agency director report to the City Manager which gives the City Commission direct access to how the City is going to handle its conservation strategy. Mr. Plummer: How does the present HUD operate? Mr. Gereaux: The present HUD operates with an advisory board that is appointed by the County Commission. The advisory board is just that. The County Commission ultimately makes all of the decisions in Dade County. Mayor Suarez: Appoints the executive director directly? Mr. Mel Adams is appointed by the County Commission. Mrs. Dougherty: No. Mr. Gereaux: Mr. Mel Adams is appointed by the County Manager. Mayor Suarez: Is he approved by the County Commission? Mr. Plummer: No. he is a County employee, serves at his will. Mayor Suarez: We get the blame and the City Manager gets to make the appointments. Mr. Plummer: If that isn't interjecting politics I don't know what is. Mr. Bailey: I can't understand when you say get the blame. I'm trying ... rt 63 May 7, 1986 r� µ F� fk �T �y Mayor Suarez: We get the blame when people don't get the housing they want, when people don't have the maintenance they want. S Mr. Bailey: I'm trying to look at what it is and the reason why we have ... TMf 3 Mr. Dawkins: Look, let me tell you guys, this is my bill, I have supported t it, I went along, I think all of us up here are going along with it because of the dire need of housing in the City of Miami. That is why you see all <:. five of us up here are concerned. But we don't intend to create a monster t that's not going to produce housing. Mr. Plummer: Nor do we continue to go, as we have in the past, which has not . proven successful. ` Mr. Dawkins: So that's why, now I saw the agency as reporting to this Commission. That's the way I saw it. Because if we don't have it that way, I mean I may as well leave Community Development running the housing. " Mayor Suarez: That's right. Mr. Dawkins: Now you guys rode off and told me the federal government will give us money to do things with as an entity. Mr. Gereaux: That's correct. Mr. Dawkins: Now I've got the entity and the entity's got the money. Now, I want it responsible to us. Now how we're going to do that I don't know, the s agency I mean. s�. Mr. Bailey: We have a model or a precedent already in place. Mr. Dawkins: Well, let's hear from the other Commissioners so you can go through this one time. See, that's me. Mr. Plummer: The greatest control this Commission has is who the members are. If the members don't do what we feel is proper, we replace the members. l- �j. Mayor Suarez: And the members should be able to select the director. Mr. Plummer: Exactly. g Mr. Dawkins: And each Commissioner gets to appoint a member to the board, you don't need but five members. Mr. Bailey: Well, then that's patterned exactly as you have the Off Street Parking authority already set up. Mr. Plummer: Exactly. Mr. Bailey: We don't have a problem with that, but as I understood the previous conversations, there was some leaning toward having more involvement at the management level. By structuring that as you have the Off Street Parking Authority that gives the Commission the prerogative to appoint not an advisory board, but now you're looking at a board of directors so to speak. I'd have to sort of defer to the City Attorney in terms of how that structure can appropriately be carried out in the way ... Mayor Suarez: Madam City Attorney, on the assumption that the Commission might have a consensus on structuring it that way, can you bring back to us in the afternoon some sort of an ordinance to affect that? Mrs. Dougherty: I would suggest you wait until the next Commission Meeting, and the reason I say that is because I don't know if legally you can do so. Mr. Dawkins: This is the second reading now. Mr. Plummer: That's why she is suggesting you come back in two weeks with a second reading. Mayor Suarez: Can we postpone second reading for two weeks? Mrs. Dougherty: Yes. rt 64 May 7, 1986 2h tY K Mayor Suarez: Pending those modifications. Mrs. Dougherty: Yes. Mr. Plummer: So move. Mayor Suarez: Moved. Do we have a second? (INAUDIBLE STATEMENT) Seconded. Please call the roll, nearing no further discussion from the Commission. Well, it is a little bit more than a deferral because we're instructing her to come back with a modification that would make this agency responsive directly to the Commission. Mr. Bailey: May I have a clarification, Mr. Mayor? Mayor Suarez: At your risk. Mr. Bailey: Well, I'm always risky, you know, Mayor. I just want to know are you, what you're saying is that in terms of the agency itself, that the Commission has no problem with the agency, it is just a matter of how it is legally structured so that the Commission can have a prerogative in terms of how it functions. Mr. Plummer: Well, that would be part of it, yes. Mayor Suarez: That's part of our ... Mr. Bailey: Can I then assume then that the ordinance which we have before us is deferred and that we don't have a Housing Agency approved today? Mayor Suarez: At this point right, it is not approved. Call the roll. Ma'am? °. UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners,,, I was here, I was told that I would need to speak on Ordinance 37 regarding, I guess this is the proper place, my situation that I have with the City in regards to the housing program. Mayor Suarez: Could you state your name and tell us do you represent any agency or yourself. }. UNIDENTIFIED SPEAKER: No agency, I'm just a citizen. My name is Mary Candy Williams and I live at 5500 N.W. 13th Avenue. Mayor Suarez: You understand if this vote passes we'll postpone consideration, the second reading which would make it law, until two weeks from now and you'll be able to give us your views on it at that point. But if you want to make a ... a brief statement. Mr. Dawkins: Let's hear her points now. Ms. Williams: It is just that I wanted to voice my opinion, I had two things that I wanted to speak about, one was my receiving a grant to have my home remodified and another was Mr..... the Senator helping me to get this taken care of and the fact that I'm having a problem with the house at this point and I was told that if I came here and maybe explained this to the Commission that you could hear me. Mayor Suarez: No, not particularly, but I propose two other things that you can do. You can either ask for a special appearance to be made to the Commission where you tell us about these things or go to any of the commissioners' offices or my office and tell one of the staff people there what your problem is and we'll try to deal with it. Ms. Williams: Or Congressman Pepper? Mayor Suarez: Or maybe to the City Manager would be even better actually. It is about time he does something over there. Mr. Dawkins: Coo to the Manager, if he doesn't resolve it then you get to one of us. rt 65 May 7, 1986 M r rr 4 x Ms. Williams: OK, I have to request this at this time? Mr. Dawkins: No, ma'am, right now, you go right over there and then if he doesn't solve it then you get to one of us. s Ms. Williams: OK, thank you very much. Mayor Suarez: If they don't give you an appointment over there you tell us about it. Mr. Dawkins: Madam City Attorney, I need to know where I am. Mr. Plummer: Deferred for two weeks. Mayor Suarez: Continued. Mr. Dawkins: If it is deferred do I lose a Housing Agency, if it is continued, do I.... I mean what are we doing? Mrs. Dougherty: All you're doing is continuing the second reading of this ordinance until May 22nd. Mayor Suarez: It has been approved on first reading and we have some modifications presumably that the Commission indicates it might approve on second reading. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-342 A MOTION TO CONTINUE TO THE MEETING OF MAY 22, 1986 PROPOSED SECOND READING ORDINANCE CREATING A NEW DEPARTMENT OF "HOUSING CONSERVATION & DEVELOPMENT AGENCY"; FURTHER INSTRUCTING THE CITY ATTORNEY TO REVIEW 'r. SAID PROPOSED ORDINANCE AND COME BACK WITH A RECOMMENDATION FOR AN AMENDMENT WHICH WOULD MAKE THE a; AGENCY TOTALLY ANSWERABLE TO THE CITY COMMISSION. Upon being seconded by Commissioner Kennedy, the motion was passed and y:a 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 Mr. Plummer: That also applies to 38. `r NOTE FOR THE RECORD: Agenda item 38 was deferred. 22. FIRST READING ORDINANCE: ALLOW PLANNING ADVISORY BOARD MEMBERS TO CONTINUE TO SERVE IN OFFICE AFTER TERM EXPIRES. Mayor Suarez: Item 39. Mr. Rodriguez: Item 39 is at the request of the Planning Advisor Board. They have asked us to see whether the Commission will consider amending Chapter 62 so that when their term expires they can continue serving on the board. We believe it is expeditious and it will help us so we will have a short board in cases where we don't have an appointment on time. Mr. Dawkins: Move it. rt 66 May 7, 1986 r Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Commission? Call the roll. AN ORDINANCE ENTITLED- r Any further discussion from the AN ORDINANCE AMENDING SECTION 62-47, "SIZE OF BOARDS AND TERMS OF OFFICE"; CHAPTER 62 "ZONING AND PLANNING" OF THE CITY CODE TO ALLOW PLANNING ADVISORY BOARD MEMBERS TO CONTINUE TO SERVE IN OFFICE AFTER THEIR RESPECTIVE TERMS OF OFFICE EXPIRE, SUBJECT TO REAPPOINTMENT OR A NEW APPOINTMENT, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 23. FIRST READING ORDINANCE: AMEND ANNUAL APPROPRIATION ORDINANCE TO REFLECT TRANSFER OF BUILDING AND ZONING FUNCTION TO NEW BUILDING AND ZONING DEPARTMENT. Mayor Suarez: Item 40. Mr. Plummer: For the record, item 40 is how much money? Mr. Odio: $2,943,733 and $3.023,733. Mr. Plummer: It can't be, that's for the total year. Mayor Suarez: How much for the remainder of the fiscal year, Mano, is it a proportionate part of it? Mr. Surana: Well, for accounting purposes, we had to move the hole appropriation for the department. Mr. Odio: You do it all over again. Mr. Plummer: Yes, but what I'm saying to you is, you know, we were told that there would be absolutely no cost to the taxpayers of transferring the Building and Zoning Department from the Fire Department to its own agency. Mr. Odio: Incorrect, sir, we said there would be a cost involved. Mr. Surana: $80,000 additional costs. Mr. Odio: $80,000. Mr. Plummer: We don't have a breakdown on that. Mr. Odio: I'll tell you why we need it immediately ... Mayor Suarez: Do you expect an increase in this current fiscal year? rt 67 May 70 1986 p: } s t x^ Mr. Odio: You need five more people immediately the moment you separate it. 4'rl, Mr. Plummer: But wait a minute. Whoa. That is five new people. You're not r talking about the head of the department. Mr. Odio: No. Mr. Plummer: OK, that's what I want to do. I want to lay it all out on the table. You're talking about a director. Mr. Odio: You need a new director, a secretary that goes with the director and three more people. Mr. Plummer: Exactly, automobiles, office space. Mr. Odio: Yes, sir. Mr. Plummer: But I want it on the record exactly what the total amount is going to cost to create this department. Mr. Surana: $80,000 additional money. Mr. Odio: For this year, then ... Mayor Suarez: With your usual cutting measures and your usual efficiencies that you will put in place for the next fiscal year, I am sure that you will figure out a way to use the existing personnel and otherwise reorganize that department to not create any additional expenditures over what we would have - spent had we not created a new department, at least that is my policy state went and I don't know how the others feel about it. You've done very well with other departments and I'm sure you're going to do the same thing with this department. Mr. Odio: You're entitled to your statement, but when we created this department I said it in writing that it would mean an additional cost... Mayor Suarez: I remember it. I remember it. Mr. Odio: I have not reviewed the budget for next and until that time, there might be other areas that we can look at in that department. Mayor Suarez: I'm sure you'll find some. Mr. Plummer: I would like a complete breakdown. OK, I'm going to vote for s h this motion because you've got to do it because the majority of this Y Commission voted for it. All right? But I've got to tell you I'm going to be around to remind you at budget time. d7 A Mayor Suarez: That's what I'm afraid of. That's why I don't preempt his reminder. Mr. Plummer: You bet your hippy. Mayor Suarez: Make you create the savings that I'm sure you're capable of doing. Mr. Plummer: No, I heard the statement that we were going to eliminate departments and we were going to save money and one of the first things that happened was that we created a new department and you're admitting to $86,000 increase. That's what you're admitting to. OK, now I'm going to get to the bottom and the truth by budget time. Oh, no, no, you're not going to get off the hook. Mr. Odio: No, I'm not one to get off the hook. I told you. Mayor Suarez: Don't argue with him, we all agree you're going to save a lot of money with the creation of this new department. Mr. Odio: I did not say that. No, I did not say that. Mr. Plummer: Oh, yes, yes, sir. rt 68 May 70 1986 'tlx t4 Y.� A.. h LyY Mr. Odio: I don't want him to say I told you. I... R Mayor Suarez: What was said is on the record. Mr. Plummer: You didn't tell me, you told the Commission. Mr. Odio: That it would cost more money! ' Mayor Suarez: Don't argue about what is on the record, it is on the record y already. Mr. Plummer: Yes, sir. Mr. Odio: Yes. Mrs. Kennedy: Now, now, boys Mr. Plummer: You'd better buy some asbestos shoes because I'm going to hold your feet to the fire. Mr. Odio: Can we go back to where we were before? Mayor Suarez: Don't create problems that you weren't asked to create. Call the roll on that motion. We have a second? Mrs. Kennedy: Yes, second. Mr. Dawkins: What is the motion? Mayor Suarez: To approve item 40, approximate additional expenditure to make that department function for the remainder of this fiscal year, knowing that they..... Mr. Dawkins: That's just to the end of the fiscal year. Mayor Suarez: Yes. Mr. Dawkins: Like J. L. said, budget time we'll be back. µ v F Mayor Suarez: Yes. 2� a ar, Mr. Plummer: 0-h-h yes. Mayor Suarez: Call the roll. 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 MAKING NECESSARY CHANGES IN THE APPROPRIATION OF THE FIRE RESCUE AND INSPECTION SERVICES DEPARTMENT FOR FY'86 TO REFLECT THE TRANSFER OF THE BUILDING AND ZONING FUNCTION TO THE NEWLY ESTABLISHED BUILDING AND = ZONING DEPARTMENT AS OUTLINED IN ORDINANCE NO. 10089 APPROVED BY THE CITY COMMISSION ON MARCH 27, 1985; DE- CREASING THE APPROPRIATION FOR THE FIRE RESCUE AND 4,. INSPECTIONS SERVICE DEPARTMENT, INCREASING THE r,;` APPROPRIATION FOR THE BUILDING AND ZONING DEPARTMENT, DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS AND ACCOUNTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote- rt 69 May 7, 1986 Is �L. AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. DISCUSSION OF APPOINTMENT TO GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (See label 27). Mr. Dawkins: Mr. Mayor, may I move item 54, please. Mayor Suarez: Can you tell us what it is just briefly? Mr. Dawkins: 54 is where the Sanitation employees want to ... Mayor Suarez: They want to replace Jeff Watson? Mr. Dawkins: Yes, ref. Jeff Watson, they want to replace him with Ron Thompson. Mayor Suarez: Is this anyone's appointment or is it the entire Commission's appointment? Mr. Plummer: No, this is done by the employees. Mayor Suarez: OK. So moved, do we have a second? Mr. Plummer: Who is the member? Mr. Dawkins: Ron Thompson, CPA. Mr. Plummer: Second the motion. E Mayor Suarez: Is it Thompson or Thompkin? Mr. Dawkins: Thompkin. Mayor Suarez: Thank y you. Moved and seconded, call the roll, please. AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED. (SEE LABEL #27) 25. BRIEF COMMENTS ABOUT BUILDING AND ZONING DEPARTMENT (See label #23). Ms. Hirai: Excuse me, Mr. Mayor, we have a certain degree of confusion on the prior motion. We thought Commissioner Plummer had moved it and Commissioner Kennedy had seconded. Mr. Plummer; You talking about 40? Ms. Hirai: Yes, sir. Mr. Plummer: No way. Mayor Suarez: I think he just voted for it but I don't believe he quite went as for as moving it. rt 70 May 7. 1986 r r • Ms. Hirai: We seek clarification on the move and second. Mr. Dawkins: Who moved it? Mrs. Kennedy: Nobody. Ms. Hirai: That's it. Mr. Dawkins: Wait, hold it. Everybody is running from 40. I don't blame them. Mrs. Kennedy: I'll move it. Mr. Dawkins: I'll second it. Mayor Suarez: All right, if not, I'll move it after the fact. Moved, seconded, thirded. Call the roll one more time on that. Reflect that Commissioner Plummer is emphatically in favor of it but did not move it. Mr. Plummer: No, no, no. I am voting for it only because the majority of this Commission so approved it. Ms. Hirai: This new roll call is in connection with passage of item 40 on the agenda. At this point, the hereinbelow motion was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins, and properly 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 26. FIRST READING ORDINANCE: ADOPT CITY AFFIRMATIVE ACTION PROGRAM - ESTABLISH POLICY. Mayor Suarez: Item 41. Mr. Odio: This is an item that reestablishes the City's Affirmative Action Plan. This ordinance reflects the placement of the Affirmative Action Division under the authority of the Department of Internal Audits and Reviews and the assignment of administering the Consent Decree. There is no current legislation establishing the City's Affirmative Action Policy and so this will set forth the City's position regarding Affirmative Action and the defining powers thereof. Mr. Dawkins: Move it. Mr. Plummer: Second. Mayor Suarez: Moved, seconded. none, please call the roll. Any discussion from the Commission? Hearing rt 71 May 7, 1986 AN ORDINANCE ENTITLED - AN ORDINANCE ADOPTING A CITY AFFIRMATIVE ACTION PROGRAM AND ESTABLISHING AN AFFIRMATIVE ACTION POLICY AND REAFFIRMING THE COMMITMENT BY THE CITY OF MIAMI TO AFFIRMATIVE ACTION IN THE AREA OF EMPLOYMENT; PROVIDING FOR THE ESTABLISHMENT OF AN AFFIRMATIVE ACTION DIVISION IN THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS; FURTHER PROVIDING FOR A HEAD OF SAID DIVISION; INCLUDING DEFINITIONS, POWERS AND DUTIES; FURTHER PROVIDING FOR THE DEVELOPMENT OF PROCEDURES, MEASURES AND RESOURCES, TO IMPLEMENT SAID POLICY, PROVIDING FOR GOALS AND OBJECTIVES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins 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 announced that copies were available to the members of the City Commission and to the public. 27. (CONTINUED DISCUSSION): APPOINT RON THOMPKIN AS REPLACEMENT MEMBER OF THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (See label 24). Ms. Hirai: Mr. Mayor, could we please properly take, up 54 again which was confused with the second roll call on the prior item and the appointment from Commissioner Dawkins. Mr. Dawkins: The Sanitation workers request that we appoint Ron Thompkins, C.P.A., to the vacancy on the Pension Board. Mr. Odio: We also have a bid that we must open now, Item 56. Ms. Hirai: We need a second on that motion. Mrs. Kennedy: Second. Mayor Suarez: That's moved and seconded on item 54. Right? Ms. Hirai: Yes, sir. Mayor Suarez: Any further discussion from the Commission? please call the roll. Hearing none, rt 72 May 7, 1986 P MP ELI The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-343 A RESOLUTION APPOINTING A REPLACEMENT MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002 (SECTION 40-227) FOR AN UNEXPIRED TERM OF OFFICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 28. OPEN BIDS FOR CONSTRUCTION OF CITY WIDE HIGHWAY IMPROVEMENT PHASE II B- 4515 (See label #30). Mayor Suarez: Do you want to take up the opening of the bid, item 56? Ms. Hirai: Yes, sir. These bids were received for the construction of Citywide Highway Improvement - Phase II B-4515, Mr. Mayor. I need a motion to open the bids. Mayor Suarez: Does somebody move to open bids? Mrs. Kennedy: So move. Mr. Plummer: Move. Mayor Suarez: So moved, seconded. Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-344 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT - PHASE II B-4515. 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. rt 73 May 7, 1986 4) BIDS WERE RECEIVED AS FOLLOWS: M. Villa Associates, Inc. P.N.M. Corp. P. J. Constructors Miri Construction, Inc. Southeastern Concrete Floor Co. Mrs. Kennedy: Move to close. Mayor Suarez: Do we need a motion to close? Mrs. Kennedy: I just did. Ms. Hirai: No, we already have the motion made, Mr. Mayor. Mayor Suarez: Just to open. OR. Are you going to give us the lowest bid, mathematically at least, for the record. Mrs. Kennedy: You have two for 394, which is lowest, P.N.M. or Miri? Ms. Hirai: $459,000, $394,000, $490,000, $397,000, $294,000, and $559,000. Mayor Suarez: Are we within our guidelines? Ms. Hirai: Villa and Associates was $397,087.88. Mr. Cather: For your information, Mr. Mayor, the engineers estimate was $400,000. Mayor Suarez: Are we within the guidelines previously established? I don't know if we ever formalized it. Mr. Cather: Yes, we are within those guidelines. The bid was $394,000 of your low bidder which is less than half a percent. Mayor Suarez: We're very close. Mr. Plummer: Is the low bid responsible? Mr. Cather: Yes, they have worked for us before. Mr. Plummer: What is the name of the company? Mayor Suarez: What was the name of the low bid, Madam City Clerk? Ms. Hirai: It seems to be from Miri Construction, Inc. Mr. Cather: Miri Construction. Mayor Suarez: We don't have any more bid openings, do we? 29. DISCUSSION OF BOND COUNSEL (See labels #37, #40, #42). Mayor Suarez: Item 43, Bond counsel. Mr. Plummer: Mr. Mayor, no it is not, it is but it isn't. Mayor Suarez: No. Mr. Plummer: It was my understanding that there were two things to be considered. One was the consideration for bond counsel for this present bond issue. Then there was to be a second which was to be establishing a bond counsel list of those that would be rotated in the current fiscal year. Mayor Suarez: Which bond was it that we had to get bond counsel for right away? rt 74 May 70 1986 iP X y . t( t �r h iR A Y 4M1.1 Mr. Plummer: I think it is the General Obligation Housing Bond, as I recall, $45,000,000. Madam City Attorney, what happened to the second phase of this thing? Because, you know, if you make a selection on 43 today you basically y have locke3 in one as representing the City without the consideration for possibly more than one and I'm at a loss to understand why the second segment of this thing is not included on today's agenda as it was in previous r agendas. Mrs. Dougherty: This is the same thing that has been on all of the agendas. Mr. Plummer: But the second part has always been on the other agendas and it is not on today. Mrs. Dougherty: No, this is exactly what has been on all of the agendas. But it is up to you how you want to do it. You can select a counsel for every issue that comes up, you can select a counsel for this issue and a different counsel for the next issue, you can select three bond counsel firms that will rotate every issue, it is totally within your discretion, Commissioner Plummer. We have proposals from every bond counsel that is interested in representing the City. You can select one counsel for this, you can continue the consideration of all the counsel that you wish to do it on a rotating basis, you can select three counsel. It is up to you. Mr. Plummer: Well, my understanding was, excuse me, my understanding was that we were going to establish... We presently have five on the list. Correct? OK, that we were going to establish a new list with possible some changes because the amount of bond counsel local had increased in those who were in the red book. And I see it as two issues, first that we select one, two, three, four, five is the list and then from that list would be selected the one who would do this one that is presently before us. And I'm wondering if the cart isn't before the horse. Mrs. Dougherty: I would suggest you do exactly what you said then. Mr. Plummer: Can we do that without it being on an agenda? Mrs. Dougherty: Yes. Mayor Suarez: Would you once again explain to me which is the General Obligation Bond Issue that we're talking about, $45,000,000 worth? a Mr. Plummer: Herb, it's yours, right? �3�^Y Mayor Suarez: If it is a Housing Bond Issue it is not General Obligation. A" Mr. Herb Bailey: It is for the G.O. Bond issue that we want to do for 86 and tt` •. r yY�* the refunding of the 1984 bond issue. N Mayor Suarez: Oh, it was a 1984 bond issue. �i Mr. Bailey: We want to go through a refunding because of the interest rate appeal that we have now. _. Mayor Suarez: And that was a $45,000,000 bond issue? Mr. Bailey: That was a $30,000,000 bond issue. :.. Mayor Suarez: That was for a host of projects, it wasn't housing. Mr. Bailey: It had housing as a component, it had a variety ... • Mayor Suarez: What about the other 15, Herb? Mr. Bailey: The other 157 Mayor Suarez: You keep telling me $45,000,000. Mr. Bailey: I don't know where the $45,000,000 is coming from. Mayor Suarez: OK, so it isn't $45,000,000, it is $30,0009000. Carlos, can we �et that? We're talking about the $30.000,000 General Obligation Housing Bond ssue that was passed in 1984. rt 75 May 7, 1986 OP M G 4 Mr. Carlos Garcia: Not quite, we're talking about a 1986 bond issue that will rT approximate $30,000,000. V� Mayor Suarez: To replace the one. Mr. Garcia: In addition to that, we're talking about refinancing the 1984 bond issue that was I think 30.3 million dollars and we'll be refinancing part ' of that bond issue, those bonds that have not matured as of this time. Mayor Suarez: What is the 1986 bond issue that y you're talking about, the <` revenue bonds? Mr. Garcia: No, sir, it is a General Obligation Bond Issue combination of Police, Streets, Highways, Sewers and so on. Mayor Suarez: When did we approve that? Mr. Garcia: It has been approved throughout a number of years. We are taking — pieces of the various approvals. <. Mayor Suarez: And consolidating them somehow? Mr. Garcia: Yes, sir. We're just selling whatever bonds we need to fund the . capital project for the next year. N ; Mayor Suarez: So the total amount that you feel that right now we have to get bond counsel for is what? - Mr. Garcia: We have two issues at hand, one for $30,000,000 and another one t I would say for about $25,000,000. r, Mayor Suarez: 30.3 is what you said. Mr. Garcia: It was originally 30.3, yes. - Mayor Suarez: It could be less now or more? F F Mr. Garcia: It is going to be less than that because some of those bonds have f matured. Therefore, they are not going to be subject to refinancing. Mayor Suarez: And, of course, we've got other prospective bond issues that would require bond counsel. Mr. Garcia: That is right, yes, sir. What is the commission's pleasure? Mr. Plummer: Well, Mr. Mayor, it would seem logical to me that we would select a list of who the bond counsels are first then from that list we would choose one who would be the one to do this particular issue. That seems logical to me. Mayor Suarez: There are two issues though. That would be two. Mr. Plummer: Exactly. Mayor Suarez: One other question to clarify one more time. The fact that we have previously stated our rather clear policy, and I believe unanimous of not having co -bond counsel, in my mind ... Co -bond counsel participating with these guys, in my mind, maybe I'm naive about this, should result in a savings of approximately half of the expense of bond counsel. Is there any way that we can have any assurance that that will, in fact, happen? In other words, bond counsel typically share the expenses and the New York bond counsel who had a corner on the market for I don't know how many years was getting a big piece of the action. If they are left out and you don't need that nominal New York, or if it is not nominal, substantive or whatever bond counsel, does that result in some kind of savings and how can we be sure that, in fact, we'll be able to pay less? Mrs. Dougherty: Mr. Mayor, I'm sure it would amount to some sort of savings. In the very least, by having local counsel as opposed to having to deal always with New York counsel, that in itself ought to result in some savings. rt 76 May 7, 1986 Y�} r Ai `r y 3, i h_P f-: Mayor Suarez: But you don't want to venture a guess that it would be as much t' as a 50% savings? Mrs. Dougherty: No. F Mr. Bailey% Mr. Mayor, I think also in addition to what savings you might realize, realizing that bond counsel also participate in the fees which are not an expense to the City. As we indicated before, the bond counsel participant is our own City Attorney's Office. It also is a revenue generator for the City because we then can participate in the normal fee structure that comes from all bond issues that is paid for by the bond issue itself. Mayor Suarez: What are we scheduled for the afternoon session, 2:30 or 2:00? Mr. Plummer: 2:30. Mayor Suarez: Do you want to dispose of this as quickly, you know, at least making some decisions on the ground rules to follow, I have a feeling we're going to be lobbied at lunch time, we may as well give them an idea. Mr. Dawkins: No, I will not let anybody take me to lunch so San Pedro can say ay they got me ... Mayor Suarez: Prior to lunch them. Mr. Plummer: Let's handle it after lunch. Mayor Suarez: Any of these firms represent San Pedro? As a matter of fact I believe they do, one of them. Mrs. Dougherty: As a matter of fact, yes. Mayor Suarez: What is the Commission's pleasure? Mr. Plummer: See you at 2:30. That is this Commissioner's pleasure. R Mayor Suarez: You know, my feeling, and I've stated it, is to select all the firms, they're all qualified, and let you negotiate and make them compete. That's my feeling. Mrs. Kennedy: There's not enough business for all the firms. r, ' Mayor Suarez: No, I mean we select them, she has qualified them, the City Attorney goes out and negotiates and picks one ... Mr. Dawkins: (INAUDIBLE COMMENT) we're going to pass the buck to her ... here's the list, you select. Mayor Suarez: That's the difference between four and five firms or three or whatever we select and fifteen. Mrs. Kennedy: No, I think we have to select them. Mayor Suarez: I stated my preference for the record, I have a feeling it is not going to fly. Mr. Dawkins: I agree with you. Mayor Suarez: We go to the second alternative which has yet to be mentioned and I guess it will be mentioned after lunch. This Commission is adjourned until 2:30. rt 77 May 7, 1986 30. BRIEF COMMENTS ON CITYWIDE HIGHWAY IMPROVEMENT BIDS (See label #28. Ms. Hirai: Mr. Mayor, something interesting on the bids, you had requested who was the low bidder, there are two companies that bid it and the difference between them $171.60 only. Mayor Suarez: That's on, which item was that? Ms. Hirai: On 56, on the bids for the highway. Miri Construction bid $394,630.73. P.N.M. bid $394,459.13 so they are the low bidder, in fact, P.N.M. for $171 only. Mr. Dawkins: (NOT USING MICROPHONE) Will somebody over there tell me? Now P.N.M. is not the one who has been doing 12th Avenue? Will somebody over there tell me is P.N.M. the one that's doing 12th and 7th Avenue and 27th Street? If it, they don't get no more work out of the City. Is P.N.M. Construction Company the one who messed up 12th Avenue and N.W. 7th Street? Mr. Cather: No, that is Garcia -Allen. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:07 P.M. AND RECONVENED AT 2:44, WITH COMMISSIONER CAROLLO FOUND TO BE ABSENT. 31. ALLOCATE $25,000 FOR "CHRISTO BY THE BAY" FILM ON ISLANDS. Mayor Suarez: We now come to order, I have a request that Commissioner Dawkins is out here...would like to slake a quick presentation or something that has been worked out apparently with the City Manager, I don't know. Mr. Plummer: Mr. Mayor, it has been my pleasure every year to join with Commissioner Ruvin in the Baynanza project of which he is very proud, and he has sponsored and done a very good job. It was likewise with pleasure that this City join with him in formulating for the Christo of the Bay. They are now going to be making a film which will be shown, I hope, around the world, as well as all of this country, and they would like this City to be a participant to that film. Mr. Dawkins: Move it. Mr. Odio: I will recommend it too. Mr. Plummer: It is $19,000,763.221 (LAUGHTER) Mr. Odio: I don't recommend itt Mr. Plummer: Now, above the $25,000 that he requested, I second the motion. Harvey, around here... Mayor Suarez: Do we want to get the actual figure on the record here? Mr. Plummer: $25,000, sir. Mayor Suarez: Thank you. Mr. Plummer: Around here, if you speak, you take a chance of losing. Nice to have you here. Mr. Odio: It comes out of the Unlimited Regatta budget. Mrs. Kennedy% We have a saying, "Quit while you are aheadl" rt 78 May 7, 1986 ` Mayor Suarez: He makes up for it at D.D.A. He has his say there. We have a motion and a second on the allocation of $25,000. Where is that coming from? s�3x Special funds? `+ Mr. Odio: Yes, from Special Funds. # Mayor Suarez: And it is going to be an official City event? Mr. Harvey Ruvin: The City of Miami will be listed as one of the sponsors on =. the film, which will go around the world. I will have tickets for each of the Commissioners to attend the event, and we look forward to you being there. ` Mr. Dawkins: The last time we of tickets was for the Film Festival and we made the news. Don't give us no tickets. Mr. Ruvin: We really want you there as a participant. This will not be those kinds of tickets though. Mr. Dawkins: OK. N- Mr. Plummer: The money will be coming out of Pauline Winick's office expense account. Mr. Ruvin: Thank you, Pauline. Mr. Odio: No, but I -it comes out of cable monies, because this is public information. Mr. Plummer: They found a new magic wand. Instead of F.P.& L. franchise, now it is cable franchise. Call the roll. Mayor Suarez: We've got a motion and a second. Hearing no further discussion from the Commission, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-345 ti A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $25,000 AS THE CITY OF ,Yrn MIAMI PARTICIPATION IN THE "CHRISTO BY THE BAY" PROJECT WHICH WILL SPONSOR A FILM "ISLANDS" TO BE SHOWN AROUND THE WORLD IN CONNECTION WITH SAID PROJECT. 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 rt 79 May 7, 1986 M1 W, K;-.;h.3r�.. .. 32. ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT H-4520. Mayor Suarez: Advertise for sealed bids, the construction on N.W. 8th Street Road Highway improvement. That is right close to the civic center over there? Mr. Odio: Yes, sir. N.W. 8th Street and the... Mayor Suarez: 8th Street Road. You said N.W. 8th Street? It really gets confusing. Mr. Plummer: Move item 57. This is just to advertise. Mayor Suarez% Moved. Do I have a second? Do have a quorum? Mr. Dawkins: Yes. Mayor Suarez: Thank you. Moved and seconded. Hearing no further discussion from the Commission, please call the roll. (THEREUPON ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, AGENDA ITEM 57 WAS PASSED BY THE FOLLOWING VOTE:) Later rescinded by Motion 86-346, see below) AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo s ALTHOUGH ABSENT AT ROLL CALL, COMMISSIONER KENNEDY ASKED OF THE CITY CLERK TO BE SHOWN AS VOTING WITH THE MOTION. Mr. Plummer: Item 58 is assessing the property. Is there anybody that wants to speak on that? Oh, hello, there. On 58. Mayor Suarez: Item 58. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: No, sir, because all that is, is to advertise for bids. There is nothing to talk about it until we know the cost factor. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Excuse me? Yes, sir, it is a public hearing. I stand corrected. Mayor Suarez: Yes, we will hear from you. In fact, maybe a motion to reconsider is in order, because typically, what we did... Mr. Plummer: Move to reconsider item 57. Mayor Suarez: Thank you! Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. No further discussion from the Commission? Please call the roll. rt 80 May 7, 1986 i_ O\ , s .,., The following motion was introduced by Commissioner Plummer, who moved its adoption: �h MOTION NO. 86-346 A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON PASSAGE OF AGENDA ITEM 57 REGARDING CONFIRMING ORDERING RESOLUTION NO. 86-104 FOR CONSTRUCTION OF N.W. 8TH STREET ROAD HIGHWAY IMPROVEMENT H-4550. (NOTE FOR THE RECORD: b,.. Immediately after passage of Motion 86-346 for ~, reconsideration, the City Commission proceeded to pass R- 86-347 confirming passage of confirming ordering R-86- �:.: 104, etc. in connection with the above cited project.) Mayor Suarez: Is this one of the public improvement projects that the people in the area have not been consulted on? Is that what we are dealing with here, Don?... that we should have public hearings on? Mr. Don Cather: This ordered by the Commission on February 13, 1986. We sent out cards to the property owners. The confirmation was scheduled. The Commission directed us to have a neighborhood meeting. A neighborhood meeting was held at 7:00 p.m. in the City Administration Building. Mr. Dawkins: That is not... for what area? Mr. Cather: For N.W. 8th Street Road, which is adjacent to the river. (INAUDIBLE BACKGROUND COMMENTS) Mr. Cather: At this neighborhood meeting, eight property owners attended the meeting representing five properties out of the total 45 properties in the area. All were originally opposed, but favored the project if landscaped, side parkways were provided. Mr. Dawkins: I need one question answered. Is the City Administration _ building in the heart of the affected area? Mr. Cather: Well, it is awfully darn close. It is about five blocks away. Mayor Suarez: Which building is that? Mr. Dawkins: You are like my wife, you are listening, but you are not paying y _ attention! Mr. Cather: You asked me, is it in the heart? Mr. Dawkins: The heart. Is it, or is it not in the heart, being five blocks one way or the other is not "yes" or "no". Mr. Cather: I say "no", it is not in the heart. Mr. Dawkins: Thank you. Now, so, we really and truly did not make an effort to get community input by not having this where it would be easily assessable for residents. Mr. Cather: That I cannot go along with, sir, because this is a most, a very easy access place to hold a public meeting. Mr. Dawkins: Yes, but that is your opinion! Mr. Cather: Well, you asked me an opinion. Mr. Dawkins: Well, I am asking for the opinion of the affected people of the area. See, just because you decided that this is the most logical, easy, accessible area doesn't mean that the people in the community accept that! Mr. Cather: That is very true, but also we have the fact that we had a post card vote - 35 voted... 35 cards were sent in. No replied two; four... and seven against. Mayor Suarez: Give me the countdown again. How was that? rt 81 May 7, 1986 AJ• V. . Mr. Cather: 45 property owners mailed, with post cards giving option of k landscaped side parkways, or on street parking. The post card vote was, 35 against the on street parking, 2 for, and 7 against. The confirmation was ". scheduled, total property owners for and against, based on post cards and neighborhood meetings, 26 no reply, 12 for, and 9 against. These figures only consider the last vote of the property owners. Note, the favorable vote is based on providing landscaped parkways. Mayor Suarez: Hear from citizen's groups... individual citizens? Give us your name and address and if you are representing an association. Mr. Clyde Godfrey: No, no association. My name is Clyde Godfrey. I own two pieces of property there, the 800, and the 808, the beginning of the 8th Street Road. I think most of the owners of property there are going for the idea, except that we were a little worried about losing our parkway and having parking meters, and I think that struck the people and just went over like a lead balloon. After, when we attended a meeting, I think most of them were in favor. I know that when we attended the meeting, they changed from a "no" vote to a vote, if we could retain our parkways, and I think if that had been gotten across to most of the people, we would have had a much more favorable vote, based on that... Mayor Suarez: Don, is there a guarantee now, as presently proposed, that they will retain the parkways, or not? Mr. Cather: Certainly! Mayor Suarez: Parkways plus curbs. They will get curbs now. Does that reflect the feeling of additional members of the community who are here with you? (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Thank you, sir. Mr. Robert Fournier: Robert Fournier, at 1181 and 1191 N.W. 8 Street Road. My question, that when we tear up these roads, it takes, it seems, forever for them to be completed. I wondered if we can try an experiment, which might work out for the future years of all construction. Mayor Suarez: You know, we have one experiment pending that might accomplish what you are talking about. We have now a provision that says on any construction project of this sort, if the contractor is late by one day from the projected time, he loses one percent of the entire contract price, which means that if he is 100 days late, and has no excuses for it, he gets nothing for the work, theoretically. Mr. Cather: If I may correct the record, sir, that is one -tenth of one percent. Mayor Suarez: One -tenth of one percent - he has to be 1000 days late. That's three years. i Mr. Fournier: All right, well, here it is - I am trying to say that if we have a road that is ten miles long and we give a man a year to do it, it seems as though he starts with a bulldozer at one end the first day and goes to the end on the second day, and that road is completely wiped out in mud puddles and dirt and dust, I mean a guy has a gas station, he is bankrupt before it is over, it is a total disaster! What I want to know is this, if we can try an experiment. For instance, a man bulldozes section "A" on the first day. He has 30 days to complete that section. Where he bulldozes, he would have to have like a period of time to finish. He can have two years to complete the project, but he would have to have to have "x" amount of time from where he starts, and that would... Mayor Suarez: Exactly what we are trying to do on S.W. 8 Street construction, which is being done by the State. Any assurances, Don, that the streets will not be torn up forever and ever to get this accomplished? Mr. Cather: Yes sir, on City projects, we consistently specify that they cannot open up more than two blocks at a time without coming back and putting in a base coat on the other... a surface coat, rolled and compacted, so that rt 82 May 7, 1986 the streets can be used, and then they move up to the next two blocks, so that A �t we avoid this. They can work on alternate streets without going to the two blocks. They can build two blocks on one street and two blocks on another street, but they are only permitted to work on two blocks at a time on City ' projects. The projects that you have had is at 12 Street from 47 Avenue, that was not in our control. f` Mr. Dawkins: That is just what I was getting ready to ask you, sir. You said r on the City of Miami projects we can do this, but the majority of the road work is done by the State, therefore, can we dictate to the State of Florida, D.O.T. this same policy that we are going to employ in the City of Miami? Mr. Cather: Do you wish me to answer that, sir? Mr. Dawkins: Yes, sir, please. Mr. Cather: In my opinion, we cannot. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:53 P.M. Mr. Dawkins: So, you see sir, we just went through a lot of rhetoric, OK? They tell you about we can do this in the City, but we can't do it in the... a' and most of the road work, most of these arteries that we are talking about redoing, they are done with State dollars, and I am with you 100 percent and S this Commission is with you 100 percent. Mayor Suarez: Most of the construction projects that you see throughout the City are being done by the State and it is just incredible. We are doing our best to force them to use the kind of procedures that we are doing on City projects, but this one we are handling ourselves, through. Mr. Fournier: This is a City project that we are talking about. When we can ::- hold the line on this one, every two weeks he is going to have it fixed up. k I'd say stop these projects if that is the way it is going to be. They can come in and... X d Mayor Suarez: Well, we have done that in other cases. We have stopped the road improvement project, because the citizens were against it unanimously. 3, These, the feedback we have gotten. is, you know, pretty much in favor, but we w did have a public hearing, and we are always doing that now as a matter of course. You know, that way people get a chance to have their say. Mr. Fournier: OK, and there is one more thing I would like to mention. I understand there is going to be utilities changes here - the utility lines and all of that - power poles would be replaced, is that correct? Mr. Cather: Utilities as needed will be replaced, or put back outside on the back of the right-of-way, and tried to be cleaned up. We also try to get as much of the cross wires cleaned up as possible. At the same time, if there are any sewers that are exceptionally old, they are replaced at the same time. Mr. Fournier: Is there any hope that we can have these lines put underground? Mr. Cather: I would say there is absolutely no hope of it being put underground. I have tried and tried for five years to get them to put more underground and I'm constantly unable to do so. Mr. Fournier: This is the cable lines I am showing here. Mr. Cather: Is that cable company? Mr. Fournier: Yes. Mr. Cather: That is the worse of all. We can't get the cable company to do anything we want them to do. Mr. Fournier: So, if we are going to rebuild this road, and they have to move a telephone pole or something, can't we get the... Mr. Cather: We have telephone poles out there in the right-of-way, where we have taken and relocated the electric. We have relocated the telephones and the cables and the poles are sitting out in the right-of-way waiting for the rt 83 May 7, 1986 Miami Cablevision to move their cables off of there for months at a time and nothing is ever done about it. y 'f Mr. Fournier: There is no solution. The cable company is right down on 7th Avenue from here, and we have strings of line, I think, ten, twelve strings at a time coming down that road, a bunch of spaghettil n � Mayor Suarez: Yes, this project will not affect in any way the cable connections. Mr. Fournier: I wish it could go underground here. We could do it. Ms. Musgrove: May I make a comment? ! Mayor Suarez: Yes, Ma'am. Ms. Barbara Musgrove: My name is Barbara Musgrove and my property is at 917 N.N. 7th Court. In talking to the people in the area, the main concern seems to be could the Commission affirm that south of llth Street, we could retain y the parkways rather than have parking. I think that is the majority of the concern is that one question, and talking to the people in the departments, they seem to think that is a good idea to leave it parkway rather than +s. parking. Thank you. Mayor Suarez: And you have got to keep an eye on the Off —Street Parking Authority to make sure they don't start putting parking meters all over the place, which is always an on going battle. OK, any further comment from the public, an one from the community, Commissioners, do Y y you want to move the item, for or against 57. Mr. Plummer: Mr. Mayor, you know, 57 is an improvement and I don't know how we can actually reasonably, intelligently talk about any kind of an improvement until we know what the cost is. You know, the neighbors, or the people affected might want the improvement if it comes in at a good price, keeping in mind their comments that they have made here today, and fully �b understanding that once the bids come in, here again this Commission will make a decision as to whether or not to proceed with the improvements, I would move item 57 to go out and advertise for bids so that we can know what the extent and scope of the improvements are, and how much they would cost, and I would so move item 57. Mrs. Kennedy: I second that motion. Mayor Suarez: Moved and seconded. That is a very good point, keeping in mind that its a 25 percent approximately, that later ends up being assessments to the property owners? Mr. Cather: That is correct. Mayor Suarez: And, they will eventually have to pay some of the bill, not the entire bill. Commissioners, not further...? Mr. Plummer: Mr. Mayor, another factor is that they have what, 20 years in which to pay it? Mr. Cather: Ten, at 5 percent. Mr. Plummer: Ten, they can pay it out over ten years. Mr. Cather: At five percent. Mr. Plummer: At five percent interest. Well, I don't know, after what the Senate did in Washington yesterday, God only knows what happensl Anybody want to buy an I.R.A., or...? Mayor Suarez: Moved and seconded. Any further discussion from the Commission? Hearing none, please call the roll. rt 84 May 7, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-347 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86- 10E AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT H-4520 IN N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT DISTRICT H-4520. (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. 33. DISCUSSION ON FLORIDA POWER AND LIGHT UNDERGROUND WIRES. Mr. Dawkins: Mr. Mayor... Madam City Attorney, sometime ago, I asked that a resolution be drafted that would require as per the Charter, that Florida Power and Light put all new wiring underground. What happened to that request? Mrs. Dougherty: I remember that you requested, and I think that either you, or the Commission declined to pass it when we opined that the cost of putting those underlined grounds would be assessed to the property owners. Mr. Dawkins: OK, it is already assessed to me. When a hurricane comes through, blows down the wires, Florida Power and Light brings out crews, pays them overtime, and that is charged to me. They build a nuclear reactor, and they take my money, and they pay for it, and when it is paid for, they own it, so I mean, they are already charging me, so what is wrong with them charging me for putting lines under the ground? I'm going to pay for it anyway. Mrs. Dougherty: There is no question that you can require that under our Charter. The only question is, whether or not you want to do that on a blanket basis, or a each... Mr. Dawkins; OK, Mr. Manager, would you place that on the next agenda for discussion to see how the rest of the Commissioners feel about it? 34. COMMENTS ON WATER PROBLEMS. Mr. Dawkins: Madam City Attorney, on N.W. 12th Avenue from 71st to 41st Street, the streets were torn up for three years. Now, at 50th Street, and 12th Avenue, a couple of weeks ago, a water line broke, the street collapsed, a car went in and they took two weeks to fix that. Thursday...now what is today? Today is Wednesday - Monday night at 12th Avenue and 54th Street, on the same street that they took two years to replace, another water line burst. Water was over the curb. They have got a hole there that we could sink another building in. Is there any way that the City of Miami can sue the rt 85 May 79 1986 contractor for poor workmanship, or whatever, and get some kind of damages for lousy work like that? Mrs. Dougherty: The answer is possibly. We will have to know more about it. Mr. Dawkins: OK, all right, I will see that my aide provides you with enough information so you can intelligently tell me what we can do. Thank you. Mr. Mayor. 35. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE I. Mr. Dawkins: Did you have this hearing at Allapattah Junior High School, sir? ... the public hearing, Mr. Cather? Mayor Suarez: I think on 58, we are beyond that. Mr. Dawkins: This is the public hearing to affirm the assessment of the completed Manor Highway Phase I, which was 51st Terrace to 54th Street, between 7th Avenue and 12th Avenue. This project has been completed for over a year now, I think it is almost two years, and this is to finalize the assessment of the property. Mayor Suarez: What is the percentage in this case, that the property owners are paying on the total cost of the project? Mr. Cather: I don't have that in front of me, sir. I can furnish it to you. It usually runs around 25 percent. Mayor Suarez: The typical percentage? Mr. Cather: Yes. The total assessment cost was $90,000, but I... Mr. Plummer: Well, is there anyone from the public that wishes to address item 58? Mr. Cather: Oh, here we have it, here. In this project, the actual construction cost was $535,000. Of that, $90,100 was assessed. The average fifty foot parcel costs $2,428 to put in the highway, and the citizen was assessed $412 out of that $2,428. Mr. Plummer: So, in other words, each property owner paid $40 some dollars? Mr. Cather: Each property owner paid $412 out of an actual cost of $2,428. Mr. Plummer: Or, $40 a year. Mr. Cather: $40 a year, plus 5 percent interest on the remaining balance. Mr. Plummer: Is there anyone in the public that wishes to speak on it? Mr. Cather: Now, the estimated cost... Mayor Suarez: Is there anyone from the public that wishes to be heard on this item 58, confirming assessment rolls for the Manor Highway Improvement? Mr. Plummer: Let the record reflect that no one came forth to speak on item 58. I therefore move it. Mayor Suarez: So reflected, so moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Please call the roll. rt 86 May 7, 1986 7 1 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-348 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE I IN MANOR HIGHWAY IMPROVEMENT DISTRICT - PHASE I H-4465 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 36. COMMENTS ON PROBLEMS WITH SPORTS AUTHORITY (See label 9-A) Mr. Plummer: Mr. Mayor, I have a letter here from Rick Horrow that was hand delivered to me based on this morning, and I want to inform this Commission exactly what we were trying to attempt to do to gain their attention. Believe me, we have done such. I have had a call since this morning from every member of the committee wanting to know what our problem was, and I said that is the problem that you don't know, but I want to make it clear, because in the last paragraph, it states, "It is our intention to be present to present the arena contract currently being negotiated with Decoma Venture to City Commission, on or shortly after May 22nd, in accordance with the resolution previously adopted by the Authority." Madam City Attorney, I want to make sure that based on this letter, and the understanding that no contract, nor anything will be done until this Commission has had the opportunity to act, is that correct? Mrs. Dougherty: We will make sure that that doesn't occur. Mr. Plummer: Thank you, Ma'am. Thank you, Mr. Mayor. Mayor Suarez: OK, Commissioner. 37. A. REGISTRY OF THREE LAW FIRMS FOR PRIMARY BOND COUNSEL. B. ACCEPT PROCEDURE TO SELECT PRIMARY BOND COUNSEL. (See labels 29, 40. 42) Mayor Suarez: Item 43, finally. Hall? Mr. Dawkins: For free. We're never had so many lawyers in City Mayor Suarez: The collective cost of this meeting is really getting out of hand in terms of per hour! Mr. Plummer: Well, Mr. Mayor, I think we need to make a determination first. I raised a question prior to going to lunch, and I would like for this Commission to adopt a policy or an understanding before we start. Are we in fact. selecting one or more firms to be a list or a registry of firms that will be used and second, from that registry, will be one of the firms chosen rt 87 May 7, 1986 ZSk t 00 !'. Fli } S' � AM1 to do the present bond. The agenda item, as we see it before us, does not establish a registry. It only establishes a single firm to do a single project. It was my understanding that the two went hand in hand, that we were going to establish the registry first, and from that, second, we would chose ' one of those on the registry to do the present bonding, so I am asking for clarification, or understanding of my fellow Commissioners, as to how we are t going to proceed on this issue, or the issues. i Mayor Suarez: There would certainly be no problem from my perspective here, if we first decided on the register, and then selected one firm for the r:? pending bond issue, or if we selected a firm that has been qualified in the past for the pending bond issue and then decide on a whole new registry, either way. I've expressed... Mr. Plummer: Well, it is my feeling, Mr. Mayor, that we should establish the registry first, and then once from the registry, we chose one that has been in fact, on the registry to do that particular item as it appears on today's agenda. That is my suggestion. Mayor Suarez: And then, for the rest of the bonds, would... Mr. Plummer: Be chosen from the remaining list of the registry. °. Mayor Suarez: Based on what the City Attorney negotiating with them, is that the idea? Mr. Plummer: Yes. Mayor Suarez: Under our guidelines. Our guidelines being... a Mr. Plummer: Absolutely. Mayor Suarez: She would try to get the best price presumably. y Mr. Plummer: Without question. pis a Mayor Suarez: That is the basic guideline. Well, we try to do that for all the firms and I have to say that it was an interesting effort and really has h,f not born fruit that I can tell. There is no way to do this totally competitively. God knows I have tried, and we have all tried here. Maybe you cannot do legal services on a totally competitive basis on just determining who is going to give us the best rate. Some firms have attempted to at least ,. to give us an average rate, and I appreciate that, because it was an effort to satisfy the criteria that we had specified, and also gave us a maximum percentage cap, which is another criterion that was set up by this 1F Commission. Mr. Plummer: And also, Mr. Mayor, for the record, some of them did give us a combination, and I... Mayor Suarez: And a lot of them gave us both, right. Mr. Plummer: Right. In other words, this Commission could chose whether or not we wanted to go the flat fee rate, or the percentage, or a combination thereof, whichever we found more acceptable. Mayor Suarez: In fact, I can tell you that of the initial presentations, I had some firms that did comply with both requirements, including Morgan Lewis, and Bockius, Holland and Knight. That may have been initially the only two that did it and subsequently, just about everyone complied by giving us an average rate, so I am sure we will hold you to that average rate at some point, if you are one of the selected firms. Commissioner? Mrs. Kennedy: Mr. Mayor, what I'm saying is that think we shouldn't lose any time and reappoint, go and select, because we are losing the low interest rates if we just keep procrastinating. Mayor Suarez: We must assume interest rates will eventually start going up. We should move on these refinancings, or whatever it is that we have to do. Mr. Plummer: Well, if we are going to establish a registry, Mr. Mayor, I am ready at this time to proffer the names of the firms that I am ready to vote for, and whatever process you want to go through is fine with me. rt 88 May 7, 1986 fi rNStS Mayor Suarez: Do you want to first take a vote on the number that we ought to include in that registry, so we can limit it and each Commissioner, as we take rb' each name, know that, as we are using up the total number, they should be careful on their vote? Mr. Plummer: Well, I think the best way to do it, and I am just proffering this as used in the past - yes, establish the number that we are going to have. Two, each Commissioner put those numbers, that number of names on a sheet of paper, and those top three get the .... get the bid. 1 Mr. Dawkins: So what now run that by me again. Mr. Plummer: In other words, if we establish it. I am ready to make a motion ' that we establish the list with three names. Mr. Dawkins: Right, I will buy thatl Mr. Plummer: Then each Commissioner will put on a piece of paper their three choices. Mr. Dawkins: Why does it have to be a secret ballet? Mr. Plummer: I am not saying... Mr. Dawkins: Why can't I just name my three and you name your three and 'r somebody else name their three. Why do I have to... right, I mean, are you ashamed of your three? Mrs. Kennedy: It is the heat he is afraid of. U Mayor Suarez: He means it would be some kind of a weighted count. The firm that appears on the most ballots would be chosen and the second one that appears... isn't that the idea? !L: " Mr. Plummer: Excuse me, Mr. Mayor, I am failing to understand where `r.. Commissioner Dawkins heard the word... Mayor Suarez: What he is thinking of, firm by firm. You propose a firm, we r, vote on that ... " Mr. Plummer: No, excuse me. Where did Commissioner Dawkins hear the word, "secret ballot?" Mr. Dawkins: You said "Write it on a piece of paper." Mr. Plummer: That doesn't make it secret. Read it! Mr. Dawkins: Well, it is secret until I give it to youl Mr. Plummer: Are you planning to withhold yours? Mayor Suarez: I am not going to get into this argument. Mr. Plummer: Let's try to move it. I will move at this time that the registry be established with three firms. Mayor Suarez: I would like to go higher than three. Mr. Plummer: Well then, don't second my motion. Mrs. Kennedy: Let me just second it for ..... Mr. Dawkins: I will second the motion for discussion. Mrs. Kennedy:... for discussion say that I don't know if there is enough business for more than three. So I'll go along with... Mr. Dawkins: You say you think it is not enough, or... Mrs. Kennedy: Three, I think, is plenty. rt 89 May 7, 1986 7 1 Mr. Dawkins: Plenty? There is enough business for three? Mrs. Kennedy: I think if there is not enough business to go with... Mr. Dawkins: It is enough business for three? Mrs. Kennedy: Oh, sure. Mr. Dawkins: I've got no problem. Mayor Suarez: We have a motion and it has been seconded, is that correct? Mr. Plummer: Correct. Mayor Suarez: Any further discussion from the Commission? Mr. Carollo: Excuse me, the motion that was made, can it be repeated, please? Mr. Plummer: Yes, sir, we are trying to establish the number of firms, Joe, that we will put on a registry to be for bond counsel. Mr. Carollo: OK. Mr. Plummer: To get it off dead center, I move that we establish that registry with the name of three firms. It has been seconded. Mr. Carollo: OK. Mr. Dawkins: But, prior to that, Commissioner Carollo, discussion was, while you were attending to other business over there with the other gentlemen... Mr. Carollo: Well, I am sorry I had... Mr. Dawkins: No, no, I can understand... Mr. Carollo: If I could explain to you what I was doing. Mr. Dawkins: No, no, I saw you. Mr. Carollo: I was being served with a subpoena for a suit. Mr. Ken Treister is suing the City of Miami, and since they were not able to find me as easy as they find you guys, I was getting my subpoena served now. Mr. Dawkins: I was merely trying to explain to you, Joe, what happened while you were over there accepting your subpoena, that is all. What I was saying is, that it was said that we would select three firms... Mrs. Dougherty: There is no money involved that you could be hit for. Mr. Dawkins:... and then from those three, we would select one to give the present work to. That is all I was saying. Mr. Carollo: OK, well, for the record, you know, I don't mind people who want to sue the City, but I am glad this is the way at least they are doing, is suing. Mr. Plummer: Those subpoenas were served by... what was the attorney's name? Mr. Carollo: Let's not mention that now and embarrass anybody? Mayor Suarez: The Mayor might fall out of the coconut tree and hit the island! (LAUGHTER) Mayor Suarez: I'm going to ignore that set of commentaries too, and just proceed. Proceed, said some one. Mrs. Kennedy: OK, what is it? Mr. Plummer: We are voting on three. Ms. Hirai: On establishing the register with three names. rt 90 May 7. 1986 1 7 Mr. Dawkins: Three names. The following motion was introduced by Commissioner Plummer, who moved its adoption: r. MOTION N0. 86-349 A MOTION ESTABLISHING A REGISTER LIMITED ONLY TO THREE NAMES OF LAW FIRMS TO BE CONSIDERED FOR FUTURE RETENTION AS PRIMARY BOND COUNSEL ON FUTURE CITY BOND F4 ISSUES. J Upon being seconded by Commissioner Kennedy, 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: Commissioner Joe Carollo r ABSENT: None. ON ROLL CALL: '= Mayor Suarez: Yes, on the registry of three. Mayor Suarez: OK, now, we have two proposals on how to handle the voting, I think. One is, that a name will be submitted and we would vote on that, presumably until we got a majority, and then that would get on the registry, but the other one, presented by Commissioner Plummer is we simply each write down three names, and then we count up the firms from collectively from all of -' the Commissioners and the one who gets the highest number of votes is on the registry, the one who gets the second highest number of votes is on the registry, and the one who gets the third highest number of votes on the registry. `- Mr. Plummer: But, not a secret ballot. Mayor Suarez: Who was it that wanted to make it a secret ballot? Mr. Plummer: Miller Dawkins. Mayor Suarez: That is what I thought. How do you wish to proceed? The second format is acceptable? Mr. Dawkins: It is acceptable to me. I don't know about the other. That is just only two votes. Mr. Plummer: It is acceptable to me. Mr. Dawkins: That is two. One and one is two. Mayor Suarez: If we have one more meeting, where we still have to discuss this issue. I'll take anything at this point. Mr. Dawkins: If you have one more meeting to discuss it, I will be absent! Mr. Plummer: The City Attorney advises me that we need a motion accepting that procedure. I so move. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded and apparently thirded, right? Mr. Dawkins: No, it will be if we get three votes. rt 91 May 7, 1986 4f3 k�y tf Mayor Suarez: Any further discussion? Please call the roll on that procedural motion. `h �jS r The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-350 A MOTION OF THE CITY COMMISSION STIPULATING THAT THE AGREED UPON PROCEDURE FOR SELECTION OF A LOCAL LAW FIRM TO SERVE AS PRIMARY BOND COUNSEL ON CITY BOND j ISSUES WOULD BEGIN BY EACH COMMISSIONER LISTING HIS/HER THREE FAVORITE LAW FIRMS ON A PIECE OF PAPER FROM WHICH ONE OF THE FIRMS WOULD BE ULTIMATELY SELECTED. 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. Mayor Suarez: Proceed to vote. We announce the list that each one has selected. Mr. Carollo: If I may, can we call a time out here for a second - I'm not as quick as some of you guys would have been here now. Can we have a list of all the firms that have applied, can we have it listed as we usually do, with zoning appointments and other matters so that the public could see. Mayor Suarez: OK, do you want to at least read them out in lieu of having a large board with all the names? Madam City Attorney, can we at least read them out? It is an impressive list. How many, all together? Mrs. Dougherty: We have Ackerman, Senterfitt and Edison. There are 16 of them altogether. Mayor Suarez: Sixteen? Mrs. Dougherty: Blank, Rome, Comisky and McCauley; Broad and Cassel; Cohen, Shapiro, Polisher, Shiekman and Cohen and a joint proposal with Long and Knox; Fine, Jacobson, Schwartz, Nash, Block and England; Finley, Kumble, Wagner, Greenberg-Traurig, Askew, Hoffman; Holland and Knight... By the way, Greenberg Traurig is in association with Jesse McCrary. Holland and Knight; Morgan, Lewis and Bockius; Myers, Kenin, Levinson and Richards; Shapiro, Lester and Abramson with Beatty and Shy; Sparber, Shevin, Shapo; Squire, Sanders and Dempsey; Sterns, Weaver, Miller; Stroock, Stroock and Lavan; Wood, Lucksinger and Epstein. Mr. Carollo: Well, I only sent one in, unless somebody made a mistake and got mine from that. Ms. Hirai: Yeah, because we've got two list with your name behind it. Mr. Carollo: Mine is this one right here. Now, the other that has got my name on it, I don't know whose it is. Mine is this one. Ms. Hirai: It must be Commissioner Dawkins'. Mr. Carollo: Maybe he borrowed one of my papers. He thought it was luckier. Mayor Suarez% There shall be no trickery in this. Mr. Plummer: Mr. Mayor, I assure that I only vote once all the time. rt 92 May 7, 1986 A '"i Mayor Suarez: Mayor Daley used to sayl Mr. Plummer: Yes, Mayor Daley on had to vote once! Mr. Carollo: By the way, back in the days when I was an alter boy, if I could go back and.... Mayor Suarez: That must have been a long time agol Mr. Carollo: No, not that long, Mr. Mayor. If I go back to my childhood days, growing up in Chicago, I used to be one of the alter boys that Mayor Daley always used to pick for his weddings and funerals and stuff that he would attend. See, I've got a little background in that too. Mr. Dawkins: Did you turn in your secret ballot, J.L.? Mr. Plummer: I turned in your secret ballot. Mayor Suarez: And a couple of others too, apparently. Mr. Carollo: Well, Miller, apparently you made a mistake and used one of my papers with my name on it. Can you verify...? Mr. Dawkins: Well, I am the colored Carollo. Mr. Carollo: Can you verify that so that people can be assured I didn't vote twice? Mr. Dawkins: I'm the colored Carollo. Mayor Suarez: We won't hold that against him, or it. Mrs. Dougherty: Mr. Mayor, Vincent McGhee, P.A. is associating with Holland and Knight. 38. ACCEPT BID: SOUTHEASTERN CONCRETE FLOOR COMPANY FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501. Mr. Dawkins: The other thing I have, Mr. Mayor, this morning we deferred item 34 and this is the first time that the City of Miami through Mr. Eddy Cox, and Mr. Eddy Cox is retiring, and this is something that he has done on his own without any prodding. He has gone out and found a minority firm to give a contract, and if we don't OK this today, the guy will lose it, so I would like to move item 34, please. Mr. Carollo: Second. Mayor Suarez: item 34? That discussion from roll. Moved and seconded. Any discussion from the Commission on is the North River Drive Highway improvement. Any further the Commission on item 34? Moved and seconded. Call the rt 93 May 7, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-351 A RESOLUTION ACCEPTING THE, BID OF SOUTHEASTERN CONCRETE FLOOR CO., IN THE PROPOSED AMOUNT OF $1,268,987.60, ALTERNATE TOTAL BID OF THE PROPOSAL, FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501; WITH MONIES THEREFOR ALLOCATED FROM "NORTH RIVER DRIVE STREET IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $1,268,987.60 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 SOUTHEASTERN CONCRETE FLOOR CO., INC. OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT 8-4501 UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. ISubject to the availability of funds. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. 39. ACCEPT $125,000 FROM DADE COUNTY FOR MISS U.S.A. PAGEANT AND TRANSFER SAID MONEY TO HOST COMMITTEE. x Mr. Carollo: I have one brief item, Mr. Mayor. It will take two seconds. The Metropolitan Dade County government sent the City a check for $125,000 that was supposed to be part of their share for the Miss U.S.A. contest that we are going to be holding in the next couple of weeks. That money was supposed to be the money that they were to give to the Miami Greater Host Committee. However, instead of sending it directly to the Host Committee, they sent the check to the City of Miami, so I would like to make a motion zj •" that we now issue a check to the Greater Miami Host Committee for that $125,000 that Dade County sent us for the pageant. 4 Mr. Plummer: Second the motion. 1 l'J "u Mr. Dawkins: Under discussion. Mayor Suarez: Do you recommend that procedure, Mr. City Manager? r � Mr. Odio: Yes, sir. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Can you make that journal entry better than we made those others this morning? Mr. Odio: Yes, sir. rt 94 May 7, 1986 Mr. Dawkins: OK, thank you. Mr. Plummer: Mr. Mayor, let me put on the record... ti Cr pY Mr. Odio: Now, let me ask a technical question, here. May I, sir? On the $1,200,000, the one that you just awarded, we need to do item 33. y h. 'j Mr. Plummer: Hold on, because... Mr. Mayor, for the record, the reason... as you know, I sit on the T.D.C. as your representative. The T.D.C. asked that that money, rather than going directly to the Host Committee, come to the City of Miami, which would kick in the internal auditors for the City for a better accounting of that money, and that is the reason why it was sent to us in turn, then to the Host Committee, so that we could have an auditing procedure as well as the Host Committee to send back to the T.D.C. That was the reason for it. Mayor Suarez: Coincidentally, I want to recognize Commissioner Jim Redford from the County Commission, and ask you if you would let us know if you are here on any particular item so we will take it out of order, sir. Mr. Plummer: I don't think you can. It is a public appearance. Tti INAUDIBLE BACKGROUND COMMENTS. 7. Mayor Suarez: Good to have you, sir. Call the roll, please. Ff The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-352 ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT :. THE AMOUNT OF $125,000 FROM DADE COUNTY AS THE CONTRIBUTION OF DADE COUNTY FOR ITS SHARE OF THE PAGEANT FEE FOR THE 1986 MISS U.S.A. PAGEANT TO BE Y HELD IN THE CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO TRANSFER THIS $125,000 TO THE GREATER MIAMI Y HOST COMMITTEE, REPRESENTING PARTIAL PAYMENT OF THE 1986 MISS U.S.A. PAGEANT FEE. (Here follows body of resolution, omitted here and on x 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. rt 95 May 7, 1986 40. A. ACCEPT LAW FIRMS OF HOLLAND & KNIGHT; GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, ROSEN & QUENTEL; AND BROAD & CASSEL AS PRIMARY BOND COUNSEL. B. RANK SAID FIRMS. C. ROTATE SAID FIRMS AFTER EACH NEGOTIATION BY CITY ATTORNEY. (See labels #29, #37, #42) Ms. Hirai: Mr. Mayor, on the Counsel... Mayor Suarez: It took a little while to tabulate there, huh? It was a lot of votes on different firms. Ms. Hirai: The firm of Holland and Knight got four votes, in first place. There were two firms that got three votes — Broad and Cassel, and Greenberg, Traurig. However, the Greenberg, Traurig firm, out of those three votes, two was in place number one. In other words... Mayor Suarez: Well, we didn't rank them, I don't think. Ms. Hirai: Yes, you did, in order. Mayor Suarez: Oh Lord. Mrs. Kennedy: Yes, we did. We were supposed to. Mr. Plummer: No. Mrs. Kennedy: Well, I did. Mayor Suarez: Some meant to rank, and some didn't. We didn't specify that we were going to rank them, we were just going to specify three. Ms. Hirai: Then there is a tie in those two firms. Mr. Dawkins: How is it a tie, if we got three firms? Mr. Plummer: What difference does it make if there is a tie? Ms. Hirai: Two firms got three votes. Mr. Plummer: Well, what difference does it make? Mayor Suarez: If we are choosing three, doesn't that make all three, now? Mr. Carollo: Well, I think maybe what we should do is, from the three that got the most votes, then have another vote to see which ones we want to be number one, two, and three, because we are down to three main ones. Mayor Suarez: I presume though, that when we were setting up the registry, we were going to leave that to the City Attorney to negotiate. Wasn't that the idea of the motion, Commissioner Plummer? Mrs. Kennedy: I thought that we were going to do that. Mayor Suarez: Well, you didn't mean to rank them, did we? Mrs. Kennedy: It was my understanding that we were going to rank them. Mr. Plummer: Well, I've got to put on the record that that is unfair, because I went from the alphabetical listing as it was in the backup material. It is my understanding that item 43, which is now what we will pass, is to rank them. We have not done item 43. Mr. Carollo: Well, Commissioner Plummer, I think the bottom line is, there were three firms — one that got four votes, two that got three... Mr. Plummer: Right. rt 96 May 7, 1986 Mr. Carollo: ... that are the three main ones. I suggest that out of those three firms, we have another round of votes to then list one, two, and three, out of those three firms. Mr. Plummer: You want to rank the three? Mr. Carollo: Exactly. Mr. Plummer: Fine with me. Mr. Dawkins: Secret ballots. rr' }" Mayor Suarez: Wait, before we do that, what purpose would that accomplish? >' Are we now going to then give the City Attorney some flexibility in negotiating with these firms? Isn't that not the idea of creating a three '!! firm registry, or register? 3 Mr. Carollo: That still, I think, would give her the flexibility to of negotiate. It would not prevent her whatsoever, to negotiate. r Mayor Suarez: Well, not if you tell her, you know, number one, you have got =J to negotiate with this firm on this particular bond ... you know, the next bond, k I don't even know if that means at the next bond, she would go to the number Y4, two firm, to tell you the truth. I don't know what ranking them one, two, w•. .' three, does in the concept of a register. Mr. Carollo: I think that if the differences between the firms are so wide from the first firm to the others, then the City Attorney will come back to us and tell us, but I think you will probably find that these three firms, all three are three top notch firms. They are probably going to be pretty close in what they are going to offer to the City. Mayor Suarez: What is the Commission's pleasure now? How do we want to handle this? I think the consensus is to accept those three as being the register, I guess. Is that not the consensus?... and then we will figure out F how the City Attorney is instructed to negotiate beyond that point. We could ►:` `` do that by a separate motion if we accept the three firms as being the three }=R' chosen by the City, and then proceed to give her some idea how we want her to ay negotiate on each bond as it comes up? I thought she was going to have flexibility on that, and if you want to change that, or clarify that further, 4 4.. we ought, you know, to put that in the form of a motion. We certainly have a lot of confusion as to it right now. Mr. Dawkins: The City Attorney, in my opinion, is well qualified to negotiate with the firms. Now, this is my personal opinion. If we were to rank them one, two and three, then, as they come in to negotiate, maybe one comes in feeling he has a feel of strength, and may not be as willing to negotiate as much as number three, but in my opinion, if we were not to rank them, and we gave the City Attorney the flexibility to deal with the three on the bond issues, and this is just my personal opinion now, I could be way out in left field; then the City Attorney would be able to get the better deal from whomever, for the bond counseling. Now, I don't know, maybe I am way out in left field, Joe, I don't know. Mr. Carollo: Well, we are both saying the same thing, Commissioner Dawkins. We are both saying that the City Attorney is gonna have to negotiate. All that I am saying is, let's rank the list, and if the one we pick first, she can negotiate what she feels is something appropriate, then you know, she could go down and talk to the others. Mrs. Kennedy: Before you make the motion, let me just, still under discussion, let's say that I voted for the three firms, but I have problems, with, let's say, one of the firms, for argument's sake. Then, why... Mayor Suarez: You voted for three others, not necessarily these three. Mrs. Kennedy: Exactlyl Let's say that I voted for those three. Mr. Carollo: Well, let's say that you voted for those three, but what? Mrs. Kennedy; Let's say that one of the firms in question... let's say that I don't want to vote for one of the firms. rt 97 May 7. 1986 i`fi y r Mr. Carollo: Well then, what you would have to do, is since we are only k voting for these three firms, is vote for that firm that you have the problem h" {: with, number three, so they won't be in number one or two. Mrs. Kennedy: I don't know if that will work. Mayor Suarez: I still suggest, at least initially, that we accept the three firms as being on the registry, and then move on to determine whether we are going to have a ranking or not by a separate motion, because I am against the ranking, but we ought to have the Commission decide if we are going to have a ranking or not. Mr. Carollo: Whichever the final firm that is picked for the City Attorney, she is going to have to come back to us anyway, and we are going to have to give final approval for it. Mayor Suarez: I will entertain a motion to accept these three as being the three firms that the Commission has approved, and then we will move on to decide if we are going to rank them or not by a separate motion. Mr. Plummer: I move that we accept these three names. Mayor Suarez: So moved. Do we have a second to that? Mr. Dawkins: Second, and under discussion. Mr. Cardenas, come to the mike, please, sir. Mr. Al Cardenas: Yes, sir. Mr. Dawkins: You are aware, that three firms were selected. You are aware that two of the firms have minority members as full bond counsel, OK? And, when you and I discussed it, you said that if you were chosen, we could work 4 . x. out whomever you would chose, is that correct? ` Mr. Cardenas: That is absolutely correct. Mr. Dawkins: Would you bring back to this Commission, the name of the small RT Latin firm that you are going to help get into the red book? Mr. Cardenas: OK, Mr. Dawkins, I will be delighted to do that. Mr. Dawkins: But, check with each one of the Commissioners, not just me, and let us know who it is, so that we can... we have got two Blacks, we may as well have one Latin small firm. Mr. Cardenas: As you know, we made a commitment to have a minority firm as co -counsel. That commitment is binding and I will be delighted to present that firm's name to you. Mr. Dawkins: We have got two Blacks, we may as well have one, OK? Thank you. Mrs. Kennedy: OK, let me go back, because on important issues I always want to explain my vote. My first choice was Greenberg Traurig. I think that they match in size, seriousness, and quality of service provided by any firm in the country. They rank 19th in the nation, and this is the firm that on their own, have one of the most meaningful affirmative action programs in the whole nation. It has more Hispanic partners and members of the firm than any others. That was my first choice. My number two choice was Holland and Knight, and I think that they are equally qualified and it is a very prestigious firm. I have problems with Broad and Cassel, after seeing what they did to the County. I really do, and that is why I have to bring it up. My third choice, by the way, was Myers... Mayor Suarez: Mrs. Kennedy: Kenny Myers' firm, but I have problems voting for the whole package, when I think that I am doing a disservice with one of these firms. Mr. Carollo: Well, then, you know, what I would suggest to the Commission is, that we pick one out of those three then. My first choice, and I will say it for the record, for the reasons that the Commissioner stated, was Greenberg rt 98 May 79 1986 j; and Traurig. There is no question about it that I think that they have the most experience, but I think the bottom line is, and I can understand the } Commissioner's point of view, if we follow the procedure that I described, then Broad and Cassel, you could vote for them to be last, and that doesn't necessarily mean that they are going to do any bond work for us. Mr. Plummer: So, what are you suggesting, to rank them? Mayor Suarez: Well, we have a motion first, to accept the registry, or the register, or whatever the term is for the three firms. Why don't we take a vote on that and then we will decide whether we want to rank them or not, and how we want to rank them... please, so we can get out of this thingl Mr. Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: The reason I too, would prefer a firm, but as a Commissioner said, Commissioner Kennedy, there is enough work to spread it around, but I am also aware of situations that come up, where it would be a conflict of interest, so therefore, if we have three bond counselors, and somebody up here has got a problem with one company, then there is nothing wrong with choosing one of the other two, and that is why I went for the register. Mr. Plummer: Let me understand on the record, because the City Attorney tells me it is not clear. It is my understanding this register which we have established is for a one year period of time. Mr. Dawkins: I didn't know that either. Mr. Plummer: Well, OK, if that is not the case, and I am not trying to be the one to set it, I think there should be a definite time period as to how long this register will exist before a new one is established. Is it one year, two years? Mayor Suarez: Why don't you make that part of the motion and... Mr. Plummer: Well, whatever the Commission feels is fair. I am not... Mayor Suarez: Suggest a time period. One year? Mr. Carollo: November of 1987. Mr. Plummer: Excuse me? Mr. Carollo: November of 1987. Mr. Plummer: I will accept that. That is fine. Mr. Dawkins: All right, let me ask... Mr. Carollo: I think we should do it every two years. If there is changes in the Commission, then that new input can be heard by giving them the opportunity to vote for whatever firms they think are best. Mayor Suarez: Do you want two years, or are you proposing until the next regularly scheduled election? Mr. Plummer: Commissioner, speak for yourself about new input next Novemberl Would you like a dry glass of wine? Mrs. Kennedy: Ask Commissioner Redford, he's the wine conneusier. Mr. Carollo: Commissioner, I think that we both have shown that we have survived many a challenge. Mr. Dawkins: OK, I can live with that, because if an agency has been doing good work and you're satisfied with it, nothing precludes you from reappointing them, so I have no problem with that. Mr. Plummer: Exactly. rt 99 May 7, 1986 Mayor Suarez: OK, which is it now, until the next regularly scheduled election? Mr. Dawkins: Yes. M t Mayor Suarez: It is sort of like the City Attorney, the only officer in the s; a; City of Miami that is chosen by the Commission for a fixed period of time. Isn't that interesting? ' Mr. Carollo: And the City Clerk. Kx.. :. Mr. Dawkins: Yeah. City Clerk. Mr. Odio: Don't look at mel Mr. Plummer: You would like to be fixedl x Mr. Odio: He is looking at me. Mayor Suarez: I hate to disagree on that point, but I am not going to argue I that point now. I see George Knox back there. He is liable to contradict us. OK, we have a motion to have these three firms to be .the accepted firms the City will choose from, and we haven't decided how the City will chose from, but we have said that the register will be the same until the next regularly y' scheduled election of the City of Miami, November, 1987. So moved and seconded. Hearing no further discussion... ;r Mr. Plummer: Excuse me. What was the motion? Mayor Suarez: Yes. jl Mrs. Kennedy: I thought that his motion is to accept the three firms. Mayor Suarez: To accept the three firms and say that they will only be... Mr. Plummer: The registry will exist to. Mayor Suarez: ...until Mr. Plummer: That's fine. Mayor Suarez: Call the roll, please. j The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-353 A MOTION TO ACCEPT THE THREE HEREINBELOW LISTED NAMES OF LOCAL LAW FIRMS AS THE FIRST THREE SELECTED FIRMS WHICH, SUBJECT TO CERTAIN RULES AND PROCEDURES, WILL ULTIMATELY SERVE IN THE CAPACITY OF PRIMARY BOND COUNSEL ON FUTURE CITY BOND ISSUES; THE SELECTED FIRST OF WHICH FIRMS WOULD SERVE IN SUCH CAPACITY THROUGH NOVEMBER 1987: 1. HOLLAND AND KNIGHT. 2. GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF,ROSEN AND QUENTEL. 3. BROAD AND CASSEL. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. rt 100 May 79 1986 I Is Mayor Suarez: Any objections or reservations you have about certain firms are preserved for the record, Commissioner Kennedy, so I don't think there is any problem with that. OK, do we want to rank them or not? I have expressed my views on it. I'd let the City Attorney go with the three and negotiate. That's what I thought we voted on in any event, but it is up the Commission. Mr. Plummer: It makes no difference to me. Let me ask, Mr. Mayor, because there is a procedure that... selection of architects, for example. When you rank them "a", "b", and "c", then the committee, in this case would be the City Attorney, would negotiate first with "a". If successful negotiations could not be completed with "a" , they move on to "b" . but could not go back to "a". Is that what the intent is here, or is it just... if you are ranking them, what would be the City Attorney's prerogative of not dealing with "a"? Mayor Suarez: That is why I would rather not rank them. I don't know what... Mr. Plummer: Oh. OK, well then, who...? Mr. Carollo: Well, I think, Commissioner, that the prerogative will be that she can negotiate with "a", but if she feels that the firm that is firm number one is not negotiating to her expectations, then she can come back to this Commission and so state that, and we can have her negotiate with the others. Mrs. Dougherty: I agree. Mr. Carollo: I am sure that the City Attorney is experienced enough in dealing with these firms that she knows that... Mr. Plummer: She says that's agreeable with her, it's fine with me. Mayor Suarez: Is there a general policy also that goes with that ranking system that on the first job we go with firm number one, on the second one we go to firm number two, and the third one, firm number three. Is that the idea? We rotate them somehow? Mrs. Dougherty: What I suggest is you do that, and we had now 16 law firms submit hourly rates as well as a cap. I can pretty much see from all of those submittals what would be fair in any given issue. If I am not satisfied with that, I could just bring it to you and have you select another counsel. Mayor Suarez: But, you wouldn't negotiate with the same firm time after time on bonds over the next year and one-half, would you? You would rotate them in some way? Mrs. Dougherty: I would rotate them, but being mindful that some issues are obviously going to generate more money for law firms than the other ones, to make them all equal. Mayor Suarez: You would try to keep some balance? Mrs. Dougherty: Yes. Mayor Suarez: OK, just to establish a procedure, is that in the form of a motion? Commissioner Carollo? Anyone? Mr. Carollo: The motion that I would make is that we would vote on ranking the firms one, two and three out of these three firms, and that the City Attorney then negotiate with firm number one, the best possible rate, either hourly, or percentage, that she can get for the City of Miami, and if she is satisfied with it, she can so recommend it to us, and if she is not, then she could also state that to us. Mayor Suarez: That is on the first bond issue, but on the second bond issue. presumably we go on the rotating basis? Mr. Carollo: I am not getting to the area of rotation right now. I think that is going to be too complicated to get into that right now. I think we should touch upon that at another meeting, and vote upon it, if need be. Mr. Plummer: Might I suggest that on the second bond issue, that we would come back and re -rank. rt 101 May 7, 1986 (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: We are never going to get out of this. Mr. Dawkins. I need a point of clarification from the Commission. We are saying that bond counsel, the underwriters, and the financial advisors must have minority participation. Is that what we are saying? Mr. Plummer: Yes. y r Mr. Dawkins: OK, I just want to know, so that when some underwriters come up here and don't have nobody who look like me, I want to be able to say... say that we are not... Mayor Suarez: Not exactly like you, thought Mr. Dawkins: Look just like met I want to know what we are doing. Mayor Suarez: Poor fellow! Mr. Plummer: There is no criteria that says that they have got to be ugly. (LAUGHTER) Mr. Odio: Well, can I answer... the problem that we have is that, I received a letter today from Lowrey, that if we don't... 4. Mrs. Dougherty: Don't worry about it. They are going to select somebody. x Mr. Odio: They are going to select them today? :4 i_ Mrs. Kennedy: Yes, we are going to today. Mr. Odio: Today? OK. Mr. Dawkins: Does that clear that item, Mr. Mayor? Mrs. Kennedy: The fat lady is going to sing. Mayor Suarez: I am totally confused. We first suggested a register from which the City Attorney would negotiate, and that is what we voted on - at her discretion, trying to get the best price obviously, and other, in view of the size of the bond and everything else. Now, we decided, or at least we are considering ranking, and she has proposed that from that ranking, she will go on the first bond issue to the first firm; on the second bond issue, we will rotate to other firms, which is pretty much the way the County does it, from what I understand - no? Mr. Carollo: This is not what I stated, Mr. Mayor. Mayor Suarez: You want to simply rank them and have the City Attorney go to the first firm, and presumably, on the first bond issue, if she is satisfied on negotiations, come back to us, and we have to approve it. Do we have to keep approving it, is that the idea of this? Mr. Carollo: Of course. Mayor Suarez: It is only based on this motion. I thought the idea was to give you discretion from here on. Do we typically have to approve it anyhow, once they are selected? Mrs. Dougherty: Normally, what you do is select a bond counsel per issue, only one time. Mayor Suarez: Your motion is to have rankings that will be applicable on each bond issue, and that she will negotiate with number one firm, and then if we don't approve it, then presumably we go back to number two firm, and so on. Is that correct, Commissioner? Mr. Carollo: If we don't approve the number one firm, then of course, you would have to go back to the others. rt 102 May 7, 1986 Mayor Suarez: Each time, using the same ranking each time. Mr. Carollo: Every time that we are going to have a bond issue, she would have to come to us for final approval. Mayor Suarez: We have two pending right now, for example, and she would presumably do that on each of the two that we have pending and thereafter. OK, it is clarified. n' Mr. Dawkins: Is there a second? {._ Mrs. Dougherty: Actually, three pending. .40 Mayor Suarez: I don't know... I've stated my position. I'm going to vote against that motion for the reasons I've stated. Mr. Dawkins: I have asked if there is a second? Mayor Suarez: I don't know. Do we have a second for that motion? ti Mr. Plummer: Yes, I seconded the motion. Mayor Suarez: Moved and seconded. Mr. Plummer: That is the idea of ranking them, "a", "b" and "c". Mr. Dawkins: No. Mr. Carollo: That is correct. That is the idea of ranking them. -> fir. 7 Mayor Suarez: Well except, there is some... `:• Mr. Plummer: Read the motion back, please, before I second it. Mr. Carollo: Let me explain my motion, since my friend the Mayor explained it in seven, eight, different ways, and I don't know if he has quite had it just right yet, except for the last, that was close. The motion is, that we rank the three firms, firm number one, firm number two, and firm number three, and instruct the City Attorney to negotiate with firm number one, whomever that firm might be, the best possible hourly rate, or percent of the bond, and then come back to us to make a recommendation as she feels whatever was negotiated should be approved, or not. Mayor Suarez: Any further questions from the Commission? I guess we are going to have some Commissioner Dawkins? Mr. Dawkins: I thought that the reason I chose three firms, me personally, was to expedite this and get it out of the way. I would think that we have got three firms - the first, we negotiate with the first one, and that firm would get the bids. On the next issue, you negotiate with the next two, and that firm gets the work, and then the third, well, he would have to come in and negotiate on his own and they would get the business. Now, if we are going to do it like that, we may as well just say, well, we are going to give the business to company "a", and forget about it, because if we are going to sit up here and approve each company, then company "a" may have three votes every time, and the other two won't get anything, and we haven't accomplished anything. That is my personal opinion. Mr. Plummer: What you are saying is, that when the first company is chosen, he is basically out until the other two have a piece of the action. Mr. Dawkins: That is correct. Mr. Plummer: Well, that is fair. Mr. Dawkins: And then he goes to the bottom of the list, and when they get the other two, he comes back up again, and he has to come and negotiate, and other than that, I don't know what the hell we are doing! Mr. Plummer: OK. rt 103 May 7, 1986 N4il Mrs. Kenned • And are we voting on the ranking individually? fS� ftf ry ,, Mayor Suarez: Right now, we are voting on a motion that would rank them... Mr. Plummer: All right, hold on, hold on. Y? Mayor Suarez: We are not yet voting on what the ranks will be, just simply on a motion that would rank them, and would require the City Attorney each time, on each bond issue, to negotiate with number one firm. t' Mr. Plummer: OK, wait a minute, the City Attorney has raised a good question. y The problem with that, is that the bond issues are different in size. You know, just say for example, one is a $100,000,000 bond issue, and the second one is a $10,000,000 bond issue. Is it fair to both of those firms to have that much of a discrepancy between the two? She is raising that as a question. Mr. Dawkins: All right, it is just as fair for that to happen, as it is for us to have looked over the other firms out here that we didn't choosel Mayor Suarez: Right. Mr. Dawkins: OK? Now, we have got twelve firms, and we chose three, and now you are going to come back and tell me if one firm gets $100,000 worth of work, and one only gets $30,000, I am being unfair. Mr. Plummer: I am not saying that. Mr. Dawkins: What is the City Attorney saying, then? a Mrs. Dougherty: I am just asking if you want to take that into consideration. Mr. Dawkins: No, I don't. Whatever the bond issue is, that is it. Mr. Plummer: Let me understand where we are now, if I may. We are going to rank the three firms, "a", "b", and "c". nr, ' Mayor Suarez: If the motion passes. Mr. Plummer: If the motion passes. What it will be, that firm "a" would be negotiated with to do the present bond issue, he basically is out of contention until "b" and "c" have received. Then, they will start, if there -r is four bond issues, "a" will be back into consideration again. Is that Mayor Suarez: So modified I would vote _for it if it were modified to reflect that, because then you have a rotating... Mr. Plummer: That's fine. I have no problem with that. Mayor Suarez: Right. Mr. Dawkins: Well, that is what I thought we were trying to do. Mayor Suarez: That is exactly what I thought we were trying to do. Right off the bat, I thought we were going to give the City Attorney even more discretion, but at least that would be some discretion. Otherwise, you can't negotiate it if you tell her each time that you have to negotiate with the same firm, what's there to negotiate? Mr. Dawkins: Mayor, may I make a formal announcement to Commissioner Plummer? Commissioner Plummer, I am going home at 9:00 o'clock. Mr. Plummer: That's fine. Mr. Dawkins: OK, thank you. Mr. Plummer: The only thing that I don't want to do is to lock her in, not to have the latitude to negotiate the best deal, OK? Now, what I am saying is, is if she can't come to successful negotiations with "a", and she does make a successful negotiation with "b", then "b" goes to the bottom of the list, is that correct? rt 104 May 7, 1986 Mr. Dawkins: Correct. Mr. Plummer: OK. �r.5= Mayor Suarez: It is agreeable with me. That is not apparently agreeable with the maker of the motion. We have a motion pending that would rank them and +_. would not rotate firms, so we ought to take a vote on that first. Does it have a second? Commissioner Plummer, are you still seconding that original motion, or do you want to... Mr. Plummer: Well, I think what it is, is no more than a motion that has been extended. Mavor Suarez: OK. but if he accents a modification? Mr. Plummer: You will have to ask the maker. Mayor Suarez: That's what I am doing. Mr. Carollo: We will accept the modifications that Commissioner Plummer made. Mr. Plummer: No, no. I didn't make them. I did not make the modifications. Understand what they are. On the record Joe... Mr. Carollo: Repeat them again. Mr. Plummer: All right, under the thing that is now before us, and seems to be agreed, we will rank the firms, "a", "b", and "c". Mr. Carollo: Correct. Mr. Plummer: The City Attorney will negotiate. If she negotiates with "a", "a" would go to the bottom of the list, and the next issue would be negotiated r, between "b" and "c". Only on the fourth issue would "a" come back up again to be considered. If she could not negotiate with "a", and she negotiated successfully with "b", then "b" would go to the bottom of the list, and the next issue would be negotiated between "a" and "c". That way, you have a true rotation list. Mr. Carollo: I think I know a better way. Mr. Plummer: That is the shell under the three cupsl Mr. Carollo: You get three little cups, for the shell, because, you know, it is not simple as that. Mayor Suarez: Well, he is just building a rotation into a ranking, that is what he is doing. I think she is going to have a lot of discretion anyhow. Are you still accepting the procedure of having it come back to the Commission each time? As the maker of the motion, do you still want it to come back to the Commission each time, or do you want her to...? Mr. Carollo: That is correct. I want her to come back to the Commission. After Plummer explained this clearly, I... Mayor Suarez: Are you accepting the amendment that would allow her to... Mr. Carollo: I don't think I will accept that, because that is so complicated, and we are not going to know which one she dealt with last, and it is going to be just too complicated. I will leave my motion if I have a second, if not, well, it will just die. Mr. Plummer: Well, OK, I will show you how to do that. I am going to second the motion, and make another motion to the rotating list. Mayor Suarez: So that is the second motion? Mr. Dawkins: I will second the substitute. Mayor Suarez: Second the substitute. rt 105 May 79 1986 0 0 t Mr. Plummer: No, no, it is not a substitute. Let this motion pass and rank {? them, "a", "b", and "c". The second motion, an independent motion will be to "- rotate, as outlined. F Mayor Suarez: Unless the first motion excludes the second one, but if the second one passes, then that takes precedence anyhow. Mrs. Kennedy: Let's just vote on the first motion. =x Mayor Suarez: OK, we have a motion to rank the three firms, and I believe, instruct the City Attorney each time to negotiate with the firm that is ranked n number one. So moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-354 r: A MOTION STIPULATING THAT, IN CONNECTION WITH THE THREE SELECTED LAW FIRMS TO SERVE AS PRIMARY BOND G COUNSEL ON FUTURE CITY BOWD ISSUES, THE CITY K: COMMISSION WOULD PROCEED TO RANK SAID FIRMS; AND THEN REQUEST THE CITY ATTORNEY TO NEGOTIATE WITH THE LAW FIRM RANKED NUMBER ONE EACH TIME, ON EACH CITY BOND r ISSUE; FURTHER REQUESTING THE CITY ATTORNEY TO THEN COME BACK TO THE CITY COMMISSION AND MAKE HER RECOMMENDATION BEFORE FINAL APPROVAL BY THE COMMISSION. 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 r r: ` NOES: None. ABSENT: None. ! ON ROLL CALL: Mayor Suarez: Well, on the assumption that the second motion will pass, I r� vote "yes". Mr. Plummer: I now make a motion that a rotating list be established as outlined before, if you want me to go through it again, I will be glad to, that the City Attorney on the first issue deal with "a". If "a" is successful in negotiations, they would go to the bottom of the list. If she cannot negotiate with "a", and she went to "b" or "c", if one of those two were chosen, they would go to the bottom of the list, and only would come back up if there was a fourth issue. Mr. Carollo: I will vote for that, Commissioner Plummer, only if she still has the option, if she is not satisfied with "a" or "b", of going still to "c". Mr. Plummer: She always has that option. Mr. Dawkins: I will second it. Mayor Suarez: Always has that option - OK, moved and seconded. Any further discussion from the Commission? Please call the roll on that motion. rc 106 -trt r The following motion was introduced by Commissioner Plummer, who moved r w its adoption: _ MOTION NO. 86-355 A MOTION STIPULATING THAT, IN CONNECTION WITH SELECTION BY THE CITY COMMISSION OF THREE LOCAL LAW FIRMS WHO WOULD SERVE AS PRIMARY BOND COUNSEL ON FUTURE CITY BOND ISSUES, A ROTATING LIST WOULD BE ESTABLISHED AS FOLLOWS: (1) THE THREE LAW FIRMS WOULD BE CATEGORIZED AS "A". "B' AND "C"; (2) THE CITY ATTORNEY WOULD, IN THE FIRST BOND ISSUE, DEAL WITH LAW FIRM "A"; (3) IF LAW FIRM "A" IS SUCCESSFUL IN i NEGOTIATION THEY WOULD, THEREAFTER GO TO THE BOTTOM OF THE LIST; (4) IF THE CITY ATTORNEY CANNOT NEGOTIATE WITH "A", SHE WILL THEN GO TO LAW FIRM "B" OR "C"; (5) IF EITHER OF LAW FIRMS "B" OR "C" ARE SELECTED, THEN THEY WOULD GO TO THE BOTTOM OF THE LIST, FURTHER STIPULATING THAT NONE OF THESE THREE FIRMS COULD COME BACK UP FOR SELECTION UNLESS THERE WAS A FOURTH BOND ISSUE, AT WHICH TIME THE PROCESS WOULD COME BACK BEFORE THE CITY COMMISSION FOR CONSIDERATION AND POSSIBLE REIMPLEMENTATION. (NOTE: Upon passage of M-86-355 calling for rotation of the selected law firms the City Commission proceeded to rank individually the three initially selected firms. i The Mayor informed that law firms being ranked as number one would be assigned five points; firms ranked in second place would be assigned four points; firms ranked in third place would be assigned three points. Pursuant to the Mayor's mandate, the City Clerk later announced on the record that the law firm of Greenberg, Traurig. Askew, Hoffman, Lipoff, Rosen & Quentel received nineteen points; the law firm of Holland & Knight received fifteen points; the law firm of Broad & Cassel received fourteen points. No further action was taken by the City Commission in connection with this issue. 5 Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- r AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins a." Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None Mayor Suarez: Now, the rankings. Are we accepting rankings from the prior ballot, or are we going to do new rankings, or how are we going to do it? Mr. Plummer: No, no. I have surrendered my new ranking already. Mayor Suarez: Repeat that again. I'm sorry, what did you say? Mr. Plummer: I surrendered mine already. As I indicated to you by first vote... Mr. Plummer: OK, but if we rank them that way, how do we determine which one comes out number one - on the basis of who gets the most votes, or on a cumulative point basis. Mrs. Kennedy: Based on the votes. Mr. Plummer: Whoever comes up with the number one vote, number two, and number three, same way we did with the first. Mayor Suarez: OK, you don't assign a score to each vote, based on whether it is number one. number two, and number three. Mr. Plummer: The highest number... rt 107 May 7, 1986 N'F ts< Mayor Suarez: You simply give one vote to each one that appears once on each ballot, right?... just like we did before? Mr. Plummer: The highest number is "a", and the second highest is "b", and the third is "c". }>, Mayor Suarez: So it doesn't matter on our particular ballots how we list them. r Mr. Dawkins: Joe, I will get the right ballot this time, hear? Mr. Plummer: Sure it does! Mayor Suarez: No? I am sorry, let's clarify that once again, because otherwise, we will never get out of this. Mrs. Kennedy: It does. We... Mayor Suarez: On our particular ballots, it does not matter how we list them, because you don't give a weighted -ranking in the counting of the ballots. You simply count all of the ones that appear in each of the individual ballots, and the one that appears the most is number one, is that what you are saying? Mrs. Kennedy: No, no, we are ranking them. The one that gets the most votes is number one, and the others accordingly. Mayor Suarez: How many points do you assign to one that comes out on three ballots number one, on two ballots number three? Mr. Plummer: Oh, I see. All right, so what you do is you give five votes to an "a", four votes to a "b", and three votes to a "c". fl �F Mayor Suarez: Thank you, so we are ranking them, and the rankings and our y ballots do matter mathematically, OK. Number one gets five points, number two gets four, and number three gets three, right? Mr. Plummer: The life of a translator! ��rtj s Mayor Suarez: Well... Mr. Dawkins: I still don't know what I am supposed to do. Mayor Suarez: Just rank them according to your preference, knowing when we count them, the ones that get the most number one votes... each time they get a number one vote, will get five points and the ones that get number two votes will get four points and so on, and cumulatively we will count the votes and see which one gets the most numbers, not votes, but points. Mr. Hirai: Mr. Mayor, number one is five points, number two is four and... Mr. Dawkins: Hold it, I didn't vote. Ms. Hirai: No, no, I am just asking for clarification. Mrs. Kennedy: Five, four, three. Mayor Suarez: Five, four, three. Ms. Hirai: Five, four... Mayor Suarez: I wonder if there is a mathematician that could tell us... Mr. Plummer: How about three, two, and one? Mayor Suarez: Three, two, and one, thank youl If three, two and one is any different from five, four and three in that situation. It probably is. No, probably is not. Mr. Plummer: How about 150 and 25? Mrs. Kennedy: It's like a half plus, meaning it's half empty and half full. rt 108 May 7, 1986 p k'; Mayor Suarez: I would venture to say that it is not, because, the difference... Mr. Plummer: Would you like a drink of wine? Mayor Suarez:... is still one in each case. I think it is the same thing. Dan Paul, you really should make some kind of statement on all of this mathematics herel Do you have a yard stick, or anything to... (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: A tape measure? Mr. Plummer: Dan only holds probate. He doesn't do bonds. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: At the risk of complicating this, Madam City Attorney, is it your emphatic suggestion that we list the same three firms we previously voted for? Mr. Plummer: God, forbid, you don't... Mrs. Dougherty: Yes. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: I demand they bring in internal auditl (LAUGHTER) Mr. Odio: Can I pick one out of the hat? Mr. Plummer: I want a recount. Et+ Mayor Suarez: We can't vote based on our initial list, we have to vote based on the register. Mr. Plummer: Did Carollo vote twice again? Mrs. Kennedy: Matty, it is five of us. Count the slipsl 41. DISCUSSION OF BAYFRONT PARK AMPHITHEATER (See label #43) Mr. Odio: Would you prefer, to take, please sir, because there are a lot of people here on item 59, which you had a public hearing announced at 2:30 p.m. Mayor Suarez: Yes, we had a public hearing announced on item 60 at 3:00 p.m., but... Mr. Odio: At 3:00 p.m., sir. Mayor Suarez: I believe on item 59 we may have some sort of a compromise to be proposed that takes into account some of the concerns expressed in the million telegrams that we received ... letters and so on. OK, item 59, then. Mr. Odio: I don't know what compromise you are talking about. I haven't seen it. Mr. Plummer: I've got a copy of it. Mayor Suarez: We received copies at lunch time, I believe. Mr. Odio: Yes, but that is a secret meeting that Kitty Roedel had. The City staff was not informed, and I have a problem with that. Mayor Suarez: I don't care who puts together a compromise, so long as it is a compromise. Mr. Joe Fleming: Well, I think they offered their good offices, the Rouse Company did, and several of us appeared. My name is Joe Fleming. I was a member, and a member of the Friends of Bayfront Park Committee. I appeared along with others who were invited. It was a group of people that were users of the... } Mayor Suarez: Are you related to the people that sent us the billion telegrams and letters and so on? Mr. Fleming: I sent you a letter, but it was a long time ago, but in any event, the ad hoc committee then drafted a memorandum which you have. It might be something that you could consider that would enable you to resolve this, since there are probably people that don't have this, if I could read j the salient features. Essentially, we hope that the matter can be resolved by first rescinding the present U.D.P. resolution until further study and ? input can determine the best and most expeditious process to meet the joint -1 goals. Second, appoint the... ~� Mr. Plummer: Joint goals established by who? Mr. Fleming: Established by you after there is a committee that studies this, and a second point would be to appoint a committee to advise you, or to provide you with information. Mr. Plummer: Well, you know, look, I want you to understand, I have no problem with a compromise, and I have no problem with working out an equitable solution, but I want to tell you, the names of these companies, or these outfits that you have got here, I don't agree with, OK? I want to tell you that right quick, like. I also question why the Rouse Company call the y meeting. Mr. Fleming: Well, they were interested in seeing if the matter could be resolved. t Mr. Plummer: I don't think it is their businessl —' Mr. Fleming: Well, they were apparently in a situation which they felt they were being involved in things, and they might want to try to resolve it. We are all here today... Mr. Plummer: They can do what they want, but you know, I think that leads credence to some misguided information around here, that the Rouse Company had an "in" on bidding for this project, which they never had, in any way shape, or form, OK? Now, somebody that has generated all these letters generated s `A these rumors. So, I want you to understand that I have no problems with going to a committee to make recommendations, but I want to tell you where this Commissioner stands, and I want to make it very clear for the record. This Commissioner stands that this amphitheater is going to be operated at no cost to this City. There is going to be some way that the 0 & M on this project is going to be covered. I don't know how you do that when everything is a freebie, and I am not going to vote, I am going to tell you that, very much up front, that this thing is going to be a freebie for anybody, any time they want to do it. This is being proposed to have a stage, lighting, sound, and f}t all of the rest of the things that are necessary to have concerts, and as far T as I am concerned, I will appoint a committee, but that committee has got to come back with solutions of where the dollars are going to come from, not only to build the facility, but to 0 & M it, so you can go with all of the `.' committees that you want, and I have no problem with that. I thought it was a great idea as proposed by the Administration, to have a private developer come in, let them build it, let them operate it and maintain it and put aside 30. 60, 90 days for the general public use to be used. I thought that was a pretty good idea. Then, the City doesn't have any problem with construction money, or, with operating and maintenance, but some people don't like that — ° fine with me, but, then somebody that is going to want to do some thing else has got to come in and show this Commission, or this Commissioner, where the ' money is going to come from, not from the General Fund, OK, and where the money is going to come from to operate that facility. Mr. John Gilchrist: Well, that is why the issues to be addressed are the ones _--' that you spelled out on page 2. They were stated as what the committee would '"- be trying to come to grips with. The need... _ Yb rt 110 May 7, 1986 1 Mr. Plummer: Well, then, I guess I've got a problem with page 1. Mr. Gilchrist: The needs, the impact, the design, the cost, the capital operating, the program and maintenance, the way in which the program would be operated, the budget shortfall for the amphitheater, and overall park plan, and the means to address it, the annual cost of meeting the contractual obligation for overall park maintenance included in the Bayside agreement, and following the establishment of the clear policy, the committee would work with the staff to determine the best course of action to satisfy the park management and all of these issues. If an R.F.P., or a U.D.P. is necessary, the committee would assist in drafting the necessary documents prior to the documents being submitted to the Commission for your approval, and then your reaction. The committee felt that this type of approach might work. We listed the user groups - Friends of Bayfront Park, Greater Miami and the Beach's Festival Association, Downtown Miami's Business Association, Cultural Executives Council, Dade P.A.C.E. Greater Miami Chamber of Commerce, Miami Community College, Downtown Development Authority, Off -Street Parking Authority, the City Manager, and one Commissioner as the Chairman and the Rouse Company, we felt, should be invited to serve on the committee, provided it would not jeopardize its ability to then bid on any R.F.P., and the committee would report back in 30 or 60 days, depending on what you want, and the Commission would then establish the policy. It would be a way of shifting the debate, and obtaining information and trying to resolve all those yuesLiuns tatit you have just raiseu, not in a few hours, but in time to have the opportunity to review the various documents, and any other consider- ations that you would want to mandate that committee study, or include in the agenda. Mr. Dawkins: When all of this was being discussed, that is, the Bayside Project, Noguchi Park, the tearing down of the library - Mr. Manager, can somebody on your staff tell me, at that stage, what was proposed for the amphitheater? Was it to be free and there for the use of the public? Was it to be built and charged for, and the citizens of Miami get ripped off again, or just what was the consensus regarding the amphitheater, Mr. Gilchrist? Mr. Gilchrist: Well sir, the design of the amphitheater started out with Mr. Noguchi proposing that it have no stage, or no seating, but it would be a grass area and that grass area would allow us to bring in a trailer truck with a stage on it like they do at a 0 We have, over a period of time, encouraged him to look at it as a more substantial operating amphitheater, but we did not have the funds necessary to do that, and in seeking the funds to do that, we looked at the possibility, and it is currently designed by Mr. Noguchi, to allow it to be gated so that it could have charged - for events as well as free events and the input to that design was developed over a period of time by listening to all of these organizations, which are listed on this... 6 (AT THIS POINT, THE MAYOR TEMPORARILY DEFERS THIS ITEM TO HAVE AN ANNOUNCEMENT MADE BY THE CLERK). 42. ANNOUNCE RANK ORDER OF PRIMARY BOND COUNSEL (See labels #29, #37, and #40) Mayor Suarez: Excuse me for a second, John. Let me just see if we can announce the tabulations on that prior vote so that people can go back practicing, or whatever they do. Ms. Hirai: Mr. Mayor, assigning 5 points every time a firm appeared in first place; four to those appearing on second place, and three to those appearing in third place. The firm of Greenberg Traurig, accumulated 19 points, first place. Holland Knight accumulated 15 points, for second place; and Broad and Cassell, 14 points, for third place. rt 111 May 7, 198 Mayor Suarez: That is about as clear as it is ever going to get. *A. 43. A. DEFER GUIDELINES FOR R.F.P. FOR DEVELOPMENT OF BAYFRONT PARK AMPHITHEATER. B. ESTABLISH BAYFRONT PARK AMPHITHEATER PROGRAM ADVISORY COMMITTEE: Alan Weisberg, Howard Gary, Tina Hills, Skip Sheppard, Dan Paul. C. APPOINT COMMISSIONER KENNEDY AS CHAIRPERSON OF ABOVE COMMITTEE. (See label #41) Mrs. Kennedy: John, excuse me for interrupting for one second. Are we getting several million dollars from the sale of the land to the County for y the new port bridge? Mr. Gilchrist: Ma'am, the status of that is, we did have an appraisal done for the land that the County is taking of $6,000,000. The County got an appraisal of $5,000,000. The agreement between the City and the County is that we have to go halfway in between that, so that it would be S5,500,000, j but we have not begun the actual transfer of those funds with Carmen Lunetta, 3 at the Port at this time. Mr. Plummer: One step further, please. a Mr. Dawkins: Well, now wait, let me say... S Mr. Plummer: One step further! That money is not totally unrestricted. Mr. Gilchrist: It is not totally unrestricted money, sir. Mr. Plummer: So indicate the $2,000,000 of that money. Mr. Gilchrist:.... Is to pay back the cost of the legal taking of the land, and so on. Mr. Plummer: Rightl OK, don't give them misleading answers. Mr. Dawkins: OK, how many millions of dollars did Senator Pepper get for us :- for that park? Mr. Gilchrist: Well, there is, first of all, S6,200,000 for the Corps of Engineers' current work on the refurbishment of the water edge, the riprap, and the bay walk; as you know Commissioner, we went to Washington to celebrate that. In addition, he has gotten, by legislation, an additional �'• $965,000, to build the promenade from Biscayne Boulevard to the bay walk through the existing site of the library. Mr. Dawkins: So, now how many dollars has the State provided for the construction of this park. ,. Mr. Gilchrist: Well, there is a combined State grants, and City match, which <_- comes to $1,000,000, approximately. Mr. Dawkins: So, we have $8,000,000 of taxpayer's money tied up in a park, and now we want to charge the public to use it? Mr. Gilchrist: Sir, there is more money in there - not to contradict that, but we have a Federal grant for additional $6,000,000 of U.D.A.G. Mr. Dawkins: We have got approximately $15,000,000 of taxpayers money to construct a park and now you want to go and spend more money so you can charge the people to use it? Mr. Gilchrist: I think that is correct, sir. Mr. Dawkins: Well, no wayl Mrs. Kennedy: And also... ft's 4.� t Mr. Plummer: No, that is not really a true statement, in my estimation. Commissioner, first of all, my main concern is, that this is going to be in direct competition with two facilities which presently are having problems ... or excuse me, subsidies. One is the Knight Center and the other one is Gusman Hall. They will be in direct competition, and especially if you make it free. If you make it free, you know where people are going to want to go. They are not going to go to the place that they have to pay. The second point is, and I think a very important point, is that it was my hope - and desire and I think expressed by a number of people that I have spoken with that they would like to address and have first class entertainment in that facility. Now, you don't get first class entertainment free. First class entertainment costs money. These performers demand it. Now, from that point on, it was my hope and desire that we could get a private promoter who would come in there, who would bring in these first class entertainers. They would make the monies and the revenues available so that these local organizations who wanted to use it free could, in fact, have that opportunity, but that the construction cost, and the regular operating and maintenance would be paid for out of the promoter's revenue, and I was hoping to get the best of both worlds. If you make that free, you are not going to have, and cannot have, there is no way, first class entertainment in that facility. Mr. Dawkins: I have never agreed with Noguchi from day one, but this is one time I agree with him - leave it a grassy area, and make it free. That's all, and that is my vote. I mean, now, that is just one vote. I am going to tell all of you now where I am coming from. I don't care how many U.D.P.'s you put out. I don't care what you put out. My vote is to make it a grassy area that Noguchi designed it for, and let it be free so that people in the City of Miami have got something to go to without paying. Mr. Odio: The only problem I have with the grass, Commissioner, is that if we put a bench on top of grass, the way we... Mr. Plummer: No, no, that is not what he is saying. He is saying leave it as grass, period. Mr. Dawkins: That was Noguchi's plan. Mr. Odio: No, but he had a wooden bench on top of...... Mrs. Noguchi: How much have we paid Noguchi for the design of the plan of the park? Mr. Gilchrist: For the combination of the architects and Noguchi together, it is about $1,200,000. Now... Mrs. Kennedy: How many times...? Mr. Plummer: That is for the total project? Mr. Gilchrist: Total project, but I still wanted to answer one thing.... Mrs. Kennedy: But, wait, then let me ask you, how many times do Miamians have to pay for the same facility? Mr. Plummer: Leave it as grassy Mrs. Kennedy: How many parks do you propose to give away? Mayor Suarez: Let me suggest something here, because otherwise, we are going to go around and around. We seem to have three basic parameters we are talking about here, and I agree with Commissioner Dawkins, on at least one of them, and that is that the free access to the use of this facility, or essentially free, was something I always contemplated. That is what I thought we were going to have in that park. I mean, we pay enough money for the parks, and we have 150, I don't know how many groups...? Well, a lot of groups wrote to me. Now, my staff can't seem to know exactly how many, but I know a lot of volunteer organizations and groups that can bring in attractions that would make the park come to life again, and they are not the kinds of groups that can afford to pay a large fee, or that would want to charge people for going there, and I have been in a lot of cities where you have open air concerts, and they are first class, and they are magnificent, and God knows that is what we need for that park. So, I'd say access to the rt 113 May 7, 1986 use of that facility is number one parameter, I totally agree with Commissioner Dawkins. The second issue is design. I have no idea if Mr. Noguchi's design is a good one or not. T don't know if it should have benches, or if it should be hardwood, or if it should be grassy. I am a little concerned, frankly, about the totally grassy type of facility for the reason that we have those nice berms and mounds over there at Bicentennial Park, and nobody ever uses any of that. We have one or two concerts a year, I should say — rock concerts, or whatever, but they are not really used as much by the concert groups that I am envisioning. And a third issue is, if people will be asked to pay a price to come in, and I understand, of course, that that has to do with the design, because if you don't figure out a way to keep people out, you can't very well charge them for coming to an open area, so maybe by at least discussing these in terms of the three different concerns... I totally share Commissioner Dawkins' concern that people will not be able to use this facility in the future without paying some huge fee, and that this will become some kind of promotional effort by the City. That is not the way I envision it, frankly! Mr. Gilchrist: Mr. Mayor, I share your concern for the community use of the park. I think we all did. I just wanted to say one thing in trying to answer Commissioner Dawkins when he asked me about the public funds in it. That builds it, but the operation and the maintenance of a park in a quality form over time, costs money, and the City is going to have to pay that money. Mr. Plummer: You are talking conceivably $500,000 a year in maintenance, as proposed! Mrs. Kennedy: Aren't we betting money from Bayside? Mr. Plummer: From where? Mrs. Kennedy: From Bayside? Mr. Plummer: No, not for that! Mr. Dawkins: To maintain a grassy... this will cost that much to mow a grassy area? Mr. Plummer: No, no. As proposed in the U.D.P., Commissioner. Mr. Dawkins: I will mow it myself for you free! Mayor Suarez: And the groups that use it could be required to provide their own cleanup and everything else afterwards. x: Mr. Gilchrist: They have come to me, those groups, and said that the problem r Y is when they come to the Commission, they can't get funds to put on their "s events, because it costs them like $100,000 to have a food festival in the park, and they have to pay for the police, and they have to pay for the cleanup, and so on, and they can't get that from you. This was trying to Y devise a technique to help them get that. Mr. Dawkins: So, I give them the money through the back door now. I didn't give it to them up front, so now 1'd give it to them behind! Mrs. Kennedy: Essentially what I... Mr. Gilchrist: We will do whatever the Commission will is, and you just tell US* Mayor Suarez: Yes, procedurally, John, does it make sense for us to set up a .Z committee, and hold off on the R.F.P., or ...? Mr. Gilchrist: Well, that's just delays. I was trying to get it built in time for the opening of Bayside, and the more that these massive committees get together and try to make any kind of decision, the longer it delays that, sir. Mayor Suarez: And the present design would have a fence of some sort? Mr. Gilchrist: No, the present design does not have a system other than walls, naturally, in the berm, to be able to gate. rt 114 May 79 1986 s Mayor Suarez: To limit access? Mr. Gilchrist: To limit access. It will not look like it is gated. Mayor Suarez: Just a wall, not a fence. 1 Mr. Gilchrist: Well, I would have to explain that to you, but the approach from Biscayne Boulevard up a hill, you can't climb over the wall to get in. 1 There are paths that are controlled and we could gate. We don't have... we 1 haven't designed those gates in.... Mayor Suarez: You would have to be a pretty good climber to get in without l paying, is what you are saying. Mrs. Kennedy: Mr. Mayor, let me tell you where I am coming from. First of I all, I have no problems with the Bayside Project and the Rouse Company. I j think that companies like them bring great credit to our City, but we have already given them more than half of Bayfront Parkl We have given them concessions at the public park, and it appeared at one time that they were not j satisfied and they wanted to come for more. I think that if the citizens of a Miami have to pay for them to use the facilities at Bayside, at least we should open up the park and give it to them for their free use. Let me tell _ 1 you, yesterday afternoon, I went physically to the park. I walked it i through, and I stood in a pile of dust, of dirt, and I could hear free ' concerts in the park. I could see it as a place where community groups could hold their meetings. I could see people coming in from the downtown area having their lunch and reading a good book. I could see the wood slat benches �.` of the amphitheater while people just rested there, and I think that we need Bayside, but we also need the public park. Mr. Gilchrist: Commissioner, I certainly agree with that, but I would have to just say that my view is that gave no park to the Rouse Company. It was not part of Bayfront Park. It was the parking lot. Dan Paul is here, and he can tell you, he wouldn't let me give once inch of the park. We created an additional two and one-half acres by fill of the park, in exchange for that, but we really didn't give Bayfront Park over to commercial... It was commercial. Mr. Plummer: Well, I just think we are losing a golden opportunity to have the best of both worlds. I really do. I think we could have first class entertainment, which would derive the revenue, to pay for those local community groups so that they could have the use of that facility. Without it you don't have the money, and it is just not there. Mayor Suarez: Here is my concern, Commissioner. Maybe you can answer. Once we put it out for U.D.P. process, do we not lose control? Mr. Plummer: No, sir, you don't lose control, because what my proffer was going to be, and not arbitrarily set, that there would be 60, 90, or 100 days that had to be dedicated to community access, or community use, at no cost c other than what the expenses... what were incurred by their use. You see, if you don't do that... 5: Mayor Suarez: I like your thinking on that. I mean, that makes a lot of r._. sense to me. w; Mr. Plummer: I just... ds�pai Mayor Suarez: I would go for the higher number of days, as opposed to the lower number of days. Y . Mr. Plummer: Look, Mr. Mayor, do you want to set it for 150 days, fine! I ' - have no problem with that, but I just saying that if you get a promoter to derive the revenue then you taxpayers, for the local community can provide that access groups. If you don't, at no cost to the are not to ems: you going have anything but a grassed maintenance. area, and you still have the problem of Mrs. Kennedy: Yes, but if it is managed by Bayside, then they decide who comes in, what to charge... rt 115 May 7, 1986 j 7 i 1 Mr. Plummer: No, no. Where does this thinking come from that Bayside has an in? They would be a bidder as everyone else would have the right to bid. t Mr. Fleming: It is not a question of which bidder, it is a question of the bidders, under the other program... Mayor Suarez: Sure. Which ever bidder — right. 1 Mr. Fleming:... could basically plan and construct and design inconsistently with what you have. If you go for a straight R.F.P., under the existing plan, as if agreed to, there isn't any problem. If you are prepared to vote on that, fine, but if you go with a redesign, and you say in the U.D.P. that you are going to have construction design, and a planning, that is inconsistent 1 with what you are permitted to and it is inconsistent with the grass in the park. j i Mr. Plummer: It is a mean man that won't compromise. Let me tell you where I am, right now. Right now, OK? Delay it 30 days. We appoint five members to a committee, one by each Commissioner, who makes a report back to this Commission in 30 days. I am agreeable to that. Mr. Fleming: Well, if the other people would agree, or if they prefer just to have the use that they have indicated an expression for, and go with an R.F.P., that might solve the need for the deliberation. You might get the ,j 3 results you want and you wouldn't even need a committee. Mr. Carollo: Commissioner, if you would like to do that, I would be ready to name my representative. Mr. Plummer: I so move. Mr. Dawkins: I second the motion, but then we... under discussion, go ahead, Joe. { Mr. Plummer: Get us off dead center. i i Mr. Dawkins: Under discussion... Mayor Suarez: OK, under discussion. Moved and seconded. Mrs. Kennedy: Let me ask you something else. Was the Parks Beautification Committee, that this Commission appointed consulted on this? Mr. Plummer: There was no committee, was there? Mr. Gilchrist: No, there has been a committee. The Chairperson of it, Tina Hills is here, if you would like to have her answer that question. We have talked about these project on a regular basis over the years now, and I am sure that Kitty Rodel, who is really main input to the park here, can tell you as well. I have sat with them over a long period of time over all of these kinds of issues, and everybody was aware of this potential. t Mrs. Kennedy: Would Kitty like to make a presentation, or Mrs. Hills? Mr. Fleming: Certainly, the Friends of the Bayfront Park people were not ::. consulted on this U.D.P. Mr. Plummer: Who are the Friends of Bayfront Park? Was that... Y Mr. Dawkins: That is the group who raised the money... B P y... that you forced to raise the money to tear down the... { Mr. Plummer: That, is of course, the question I am coming to — what money? Friends of Bayfront Park, are they the ones who were appointed by this Commission? ... and if they... Mayor Suarez: Can you shed some light on the different volunteer groups that y Y g F are involved in all of this, so we know more about them? Mr. Carollo: Gentlemen, I think that possibly what we should do is vote on this, and if it passes, or if doesn't, then bring up additional discussion, but I think we need to know if this is the way that we are going or not, before we further have any additional discussion. rt 116 May 7, 1986 Mayor Suarez: I agree with that, Commissioner, basically, but let's just hear who are some of the people that have been involved in this process up to now. a Mr. Alan Greer: Mr. Mayor, Alan Greer, 2401 Biscayne Tower, a member of the } committee, Friends of Bayfront Park. The committee is made up of concerned citizens from all over the County, appointed by this Commission and by other active groups. We have been the ones who have essentially led the fight to put together all of the various monies, Federal and private, and Rouse Company has come forth with very substantial monies, and there have been substantial private contributions, Commissioner Plummer, not as much as we had hoped, but there have been major monies pledged towards this project, and this is the group that has pulled together the Federal, State, and local money that has made the project possible today. We are concerned that the U.D.P., as the Commission has indicated, is going to close the park off to substantial segments of the community. We would like to have input into this process, to make sure that the park is properly used, and that the Commission and the City doesn't do something that later on they will regret. We were afraid that the process has got sort of a steam roller effect going, and things were going to happen without the input necessary, and that is what we are trying and why we proposed this compromise, to create the committee that could make the input from a broad spectrum of the community, not just five people, but as broad as { we could get. It has gone this long. I think we can take another 30 to 60 days to get the information that you need to make the decision that is best for the City, and that is essentially what we are asking. Mayor Suarez: OK, I don't think you would find any problem with the procedure now proposed, to have a committee look at for the next 30 days. You will have a great deal of input. I think Commissioner Plummer has suggested that if we go to the U.D.P. process, a certain number of days be allocated. That may end up being the compromise, I don't know, but at least you have got some basis for beginning the discussions, and I think your input has been quite helpful. I don't know if it would serve any purpose at this point if this Commission... the consensus of this Commission is to go ahead and form a committee with one appointee by each Commissioner, which would hear from all the groups and give us recommendations within 30 days. s Mr. Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: When the group, whoever they are, comes back, I wish they would be able to explain to me, of the 100 days allocated for "disadvantaged" 4 groups to use it, who is going to help that group obtain the funds necessary q to bring in the entertainment? But, if you got a group of people sitting there with nothing to watch, you don't have anything, and we were talking r about free things, so I mean, explain to me how you are going to... these 100 days that you tell me I can use it, that the people who want to use it, that I Syr' can assist them in using it. z? Mr. Greer: Mr. Mayor, I... Mr. Dawkins: No, at the next... whenever the next meeting is. Mr. Greer: I think we can help Commissioner Dawkins on that. I am Chairman of the Dade County Council of Arts and Sciences. For example, we fund many organizations. There are over 400 festivals in Dade County that have their programs in various places. That could be part of this effort, but, we would :, be ha Commissioner Dawkins to give you as much information as we can on PPY. 8 • <- that. To come back to what is now before the Commission, and the formation of IV this committee, our concern, Mr. Mayor, is that the committee not be too F narrowly defined, so that it is broad enough to get every input from all of ... the user groups, and I am concerned that just a five member committee won't x `£ get the job done. We propose a committee of user groups, and I think you 3` �4 could expand that by having the Commission itself appoint additional members to that and it can still be a working group and get the information back to you. Commissioner Plummer, I believe the total amount of dollars that have r been raised privately is somewhere in the neighborhood of $3,000,000. y 1, ao:,c Mr. Plummer: What, sir? Mr. Greer: Somewhere in the neighborhood of $3.000.000. rt 117 May 7, 1986 x ` Mr. Plummer: You have $3,000,000 in the bank? k l;• ' Mr. Greer: We have pledges. r tr Mr. Plummer: Oh, that is like the robbed the Last National Bank of Israel and �,`• they stole $3,000,000 in pledgesl Mr. Greer: The number has been corrected. It is $2,000,000. Mr. Plummer: In the bank? Mr. Greer: No, sir. People have said that they... s' iU Mr. Plummer: That doesn't mean a thing. The only one that has put their x money where their mouth is is the Hills, OK? Mr. Greer: The Hills money is included in that, yes, sir. Mr. Plummer: Yes, I understand, and of course, the Rouse Company's money. OK, but all of these friends are friends. Mr. Greer: Well, the Knight Foundation has made certain comitments. m Mr. Plummer: Commitments are commitments, sir. The money in the bank is for surel - Mrs. Kennedy: When the Knight Foundation is... Mr. Plummer: If you want to be a good friend, put the money in the bank. Show your good faithl Mrs. Kennedy: But, when this foundations pledge money, Commissioner Plummer, - =3,., I wouldn't doubt their word. Mr. Plummer: Commissioner Kennedy, I call your attention to the stipulations �4 added to that so-called bestowed gift. There are stipulations. _ Mayor Suarez: Just so we don't get bogged down in committees and having to appoint them and so on, does the Commission have an idea who they would appoint? Mrs. Kennedy: I do. Mr. Plummer: I do. Mr. Carollo: Are going to vote on the motion? Mayor Suarez: Yes, that would be my idea, Joe, reflecting the consensus of the Commission that we go ahead and form this committee, but I want to make sure that we have something back within a reasonable amount of time, so I would be prepared to make my appointment. Mr. Carollo: If this passes, I will tell you who I am going to name right off the bat - Tina Hills. That will be my appointment. Mrs. Kennedy: Yes, that is the one I hadl Mayor Suarez: We can't all appoint Mrs. Hills, so... Mr. Plummer: Mr. Greer, is part of that $2,000,000... Mayor Suarez:...you have the highest number of votes here on this Commission, I think. Mr. Plummer:...in pledges, $1,000,000 from Ted Gould? Mr. Greer: No. That would take it from $2,000,000 to $3,000,000, I believe. Mr. Plummer: Well, we know where that one is. I hope the other two are better. rt 118 1986 0 9 Mr. James Dausch: Mr. Mayor. Mayor Suarez: Yes, Jim, quickly. Mr. Dausch: May I be heard just very quickly? I think it ought to be clear that number one, the Rouse Company doesn't want any part of Bayfront Park, and despite what you may read in... Mayor Suarez: You mean, any more than you have already got? Mr. Dausch: ... than we have already got and are paying for. We are not interested in any more of the park. I think it ought to be clear that we haven't made any proposals to take over the park, and I also think that the Manager ought to be congratulated for getting on top of an issue as to which you can see from the debate here, that there is no real consensus as to how exactly that ought to be used, and the way the park is used, really, is going to make a big difference in how it is designed, and how it is equipped, and how much it is going to cost the City to operate. I think before you all make a final decision, and before people come down finally on that, they ought to have an opportunity to understand what those implications are, and that is the purpose, really of having all of these people to come together, so you don't read about it in editorials in the Herald, or you don't read about it in telegrams. You have some kind of intelligent discussion backed up by some real information, that is why we are in favor of having these discussions. Mayor Suarez: Great, so we are all in agreement. OK, let's proceed to a vote on the formation of the committee. I guarantee you that all the groups will have their say and that your committee will be able to lobby individually with Commissioners, and all we are doing is just gaining an extra 30 days to gain an understanding of the different alternatives, because obviously, there is confusion here and we want to make sure that no one is ex- cluded from the use of the park. I again think that the most positive idea that has been suggested, is Commissioner Plummer's, that we allocate a certain number of days a year for community groups, assuming we go to a closed off area, assuming we do that at the end of this process. We have a motion and a second. Any further discussion from the Commission on creation of the commit- tee? Hearing no further discussion, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-356 A MOTION DEFERRING FOR THIRTY DAYS PROPOSED ESTABLISHMENT OF GUIDELINES FOR THE R.F.P. FOR DEVELOPMENT OF THE BAYFRONT PARK AMPHITHEATER AND TO MANAGE AND MAINTAIN BAYFRONT PARK; FURTHER TO ESTABLISH AN ADVISORY COMMITTEE TO BE COMPOSED OF FIVE MEMBERS TO BE SELECTED BY THE CITY COMMISSION, WHICH COMMITTEE WILL STUDY THIS ISSUE, WILL HEAR FROM ALL EXISTING GROUPS AND WILL MAKE A RECOMMENDATION TO THE CITY COMMISSION IN ORDER THAT THEY MIGHT HAVE A BETTER UNDERSTANDING OF THE DIFFERENT ALTERNATIVES. 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. Mayor Suarez: My nomination is Alan Weisberg, an attorney. northeast in the City of Miami. He lives in the 0 .0 N Mrs. Kennedy: My nomination is Tina Hills. A: Mr. Plummer: Who? J-P;� Mrs. Kennedy: Tina Hills. `i Mr. Plummer: I have heard of her. Mayor Suarez: Can we get the other nominations, so we can get this committee rolling? Mr. Plummer: I nominate Skippy Sheppard. Mayor Suarez: Would some Commissioner be willing to serve on the committee and act as chairperson? ... in lieu of appointing someone? Mr. Carollo: Yes, I nominate Tina Hills. Mrs. Kennedy: All right, then I will change it and nominate the gentleman next to her, Dan Paul. Mayor Suarez: You get the second highest number of votes here, then. as Mrs. Kennedy: I just had a guilty conscience, because he expressed that he wanted to nominate her, so.... 7 Mr. Dawkins: I nominate Howard Gary. Mayor Suarez: OK, are we missing one nomination, or do we have them all? Commissioner Carollo? Do you have yours, Commissioner Plummer? .:. Mr. Plummer: Yes, I nominated Skippy Sheppard. Mayor Suarez: OK, let's state that in the form of a motion, that these five ' be appointed to a committee that will report back to us within 30 days. Mr. Plummer: As an advisory group. Mayor Suarez: As an advisory group. Moved and seconded. Mr. Dawkins: Under discussion. They are to work with the Friends of The Park, or independent, or ....what is the charge to them?... Mr. Plummer: They can have any input to that committee that any of these groups want to have. Mayor Suarez: From my perspective, and I guess from yours, Commissioner Dawkins, and maybe all of us, the single, most important input that they should take is from the Friends of the Bayfront Park. Call the roll. Mr. Plummer: That is the friends that have put their money in the bank! Is that what you mean? Mayor Suarez: Particularly those! Mr. Plummer: Yes, those. That is very important! rt 120 May 79 1986 t. a 1 t The following resolution was introduced by Commissioner Kennedy, who moved its adoption: } RESOLUTION NO. 86-357 A RESOLUTION ESTABLISHING THE BAYFRONT PARK AMPHITHEATER PROGRAM ADVISORY COMMITTEE, AND APPOINTING SIX MEMBERS TO SAID COMMITTEE, THE SOLE ADVISORY COMMITTEE DESIGNATED BY THE CITY COMMISSION, TO ADVISE THE COMMISSION WHICH IS TO DETERMINE THE PROPOSED AMPHITHEATER'S PROGRAM, THE ANNUAL OPERATING AND MAINTENANCE COSTS OF THE FACILITY AND BAYFRONT PARK, AND THE SOURCES OF REVENUE TO COVER SAID COSTS, SAID ADVISORY COMMITTEE TO REPORT ITS RECOMMENDATIONS I TO THE CITY COMMISSION WITHIN THIRTY DAYS. NOTE: ALAN WEISBERG, ESQ. was appointed by Mayor Suarez. HOWARD GARY was appointed by Vice -Mayor Dawkins. TINA HILLS was appointed by Commissioner Carollo. SKIP SHEPPARD was appointed by Commissioner Plummer. DAN PAUL, ESQ. was appointed by Com- missioner Kennedy. (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. q Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez # NOES: None. ABSENT: None. i Mayor Suarez: Yes, Mr. Paul? Mr. Dan Paul: Could you appoint a Commissioner so the committee can get rolling, to be the Chairman? I thought that... Mr. Plummer: I nominate Commissioner Kennedy. Mr. Dawkins: Second. 3 Mayor Suarez: Moved and seconded. Any further discussion from the Commission, at the risk of incurring the wrath of Commissioner Kennedy? Please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: f MOTION NO. 86-358 N ?,. A MOTION APPOINTING COMMISSIONER ROSARIO KENNEDY AS CHAIRPERSON OF AN ADVISORY COMMITTEE ESTABLISHED BY M-86-357. IN CONNECTION WITH DEVELOPMENT OF A PROPOSED k BAYFRONT PARK AMPHITHEATER AND THE FUTURE MANAGEMENT AND MAINTENANCE OF BAYFRONT PARK. t_ Upon being seconded by Commissioner Dawkins, the motion was passed and p adopted by the following vote- rt 121 May 71 1986 • • 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 the suggestion, Dan. Mrs. Kennedy: Thank you all. 44. BID PROCEDURE WAIVED FOR IMPROVEMENTS OF MARINE STADIUM FOR PHIL DONAHUE SHOW. Mayor Suarez: All right, item 48. Mr. Plummer: Well, this is we are already committed for. Mr. Odio: Yes, we are ratifying an emergency purchase order that was issued December 30, 1985, when the Phil Donahue Show came to Miami. Mr. Plummer: So moved. Mayor Suarez: After the fact, moved. Mr. Dawkins: 48, Phil Donahue. Second. Mayor Suarez: Seconded. Mrs. Kennedy: Under discussion, first of all, your backup material says December 30, 1986, and second of all, I just find this offensive. No, I am tired of people saying one thing that is going to cost so much, and then coming back to us... we are talking about... we under estimated this by 60 percent? Mr. Odio: No, no, Ma'am. I am sorry, let me explain that. Mayor Suarez: Why does this come after the fact? I... Mrs. Kennedy: I don't understand. Mr. Odio: Because we had a short time before these things could be done. We are not overspending. This is within the limits placed by the City Commission, which was $50,000. It was not an over -expenditure. This is just to ratify the purchase of these items that were purchased under emergency procedures. It is not over -expenditure by any means. We did not spend one penny over the allocated funds by the City Commission. Mayor Suarez: I hate to vote where in situations, where if I don't vote in favor of something, you know, the whole world caves in. I mean, it doesn't make any sense, but so be it, and it was done before I got here, so... Mrs. Kennedy: And also, did you pick a specific nursery company and a fence company.without bids, or was it... Mr. Odio: It was done by bids, but on an emergency procedure. We obtained the bids and moved on them. If not, it would have taken one month just to go through the proper procedures of coming to the City Commission and, if not, we could not have held that show on time. That is what happened. The commitment was made to the show and the time period was not there. Mayor Suarez: What was the total expense? rt 122 May 7, 1986 i s Mayor Suarez: On the City part, it was $50,000, and, we got five hours of live television for Miami. Mayor Suarez: We have a motion, right? Do we have a second? Moved and seconded. Any further discussion? Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-359 A RESOLUTION RATIFYING AND CONFIRMING THE EMERGENCY FINDING OF THE CITY MANAGER BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION THAT THE REQUIREMENTS FOR FORMAL COMPETITIVE SEALED BIDS COULD NOT BE MET DUE TO THE SHOW BROADCASTING SCHEDULE; FURTHER APPROVING THE PURCHASES OF SOD, SOIL, FENCING, INSTALLATION OF TREES AND THE RENTAL OF A BARGE NEEDED AT THE MARINE STADIUM FOR THE PHIL DONAHUE SHOW AT A TOTAL COST OF $30,467.00; FUNDS ARE AVAILABLE FROM SPECIAL PROGRAM AND ACCOUNTS - CONTINGENCY FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner 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 Plummer asked of the Clerk to be shown voting with the motion. Mayor Suarez: Yes, that would have to be four/fifths. Mr. Plummer: But, I mean, wasn't it a second emergency? Mrs. Dougherty: It is not an ordinance. Mr. Plummer: Oh, I am sorry. Mayor Suarez: Was it four/fifths, Madam City Clerk? Mr. Plummer: It was a resolution rather than an ordinance. It doesn't take two readings. Mayor Suarez: It doesn't take two readings. 45. ACCEPT BID: MET CONSTRUCTION FOR ORANGE BOWL JOIST REPLACEMENT. Mayor Suarez: Item 49. Mr. Odio: M.E.T. Construction, Incorporated. The amount is $372,250. Mr. Plummer: How much was estimated? Mr. Odio: The estimated for project was $300,000. Mr. Plummer: No, it was $400,000 on the... rt 123 May 7, 1986 0 s Mr. Odio: I am sorry, now they are telling me this figure had changed to $400,000? Mr. Plummer: I move item 49. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion from the C mission? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-360 A RESOLUTION ACCEPTING THE BID OF M.E.T. CON- STRUCTION, INC. IN THE PROPOSED AMOUNT OF $372,250.00 BASE BID OF THE PROPOSAL, FOR ORANGE BOWL - JOIST REPLACEMENT - 1986; WITH MONIES THEREFOR ALLOCATED FROM "ORANGE BOWL STADIUM GENERAL OPERATING BUDGET" IN THE AMOUNT OF $372,250.00 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 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: ITEM 50 WAS DEFERRED. i 46. PERMIT TO UNITED STATES YACHT RACING ONION FOR USE OF KENNEDY PARK AS TRAINING SITE FOR OLYMPIC SAILING TEAKS. Mayor Suarez: Item 46. Mr. Plummer: I move it. Mayor Suarez: Moved by Commissioner Plummer. Do we have a second?... on the Olympic Training site at David Kennedy Park. Please, a second. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Please call the roll. rt 124 May 7, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-361 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE UNITED STATES YACHT RACING UNION (U.S.Y.R.U.), WHICH PERMIT SETS FORTH THE TERMS AND CONDITIONS FOR THE USE OF A PORTION OF DAVID T. KENNEDY PARK, AS DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FOR A TEMPORARY TRAINING SITE FOR OLYMPIC SAILING TEAMS. (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. 47. AGREEMENT WITH UNITED YACHT RACING UNION FOR ALTERNATE SITE FOR OLYMPIC SAILING TRAINING. Mayor Suarez: Item 47, a companion item. Mr. Plummer: Move it. Mayor Suarez: Moved. Second? Commissioner Dawkins seconds. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-362 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE UNITED STATES YACHT RACING UNION (U.S.Y.R.U.) AND THE CITY OF MIAMI, WHICH AGREEMENT PROVIDES ASSURANCE TO THE U.S.Y.R.U. THAT IN THE EVENT I THE CITY INVOKES ITS RIGHT OF CANCELLATION AS CON- TAINED IN THE REVOCABLE PERMIT, ATTACHED HERETO AS EXHIBIT -A", AN ALTERNATIVE SITE ELSEWHERE IN THE CITY WILL BE MADE AVAILABLE AND A NEW REVOCABLE PERMIT WILL BE ISSUED TO THE U.S.Y.R.U. TO COMPLETE ITS SCHEDULED EVENTS FOR THE 1986-1987 SEASON. (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- rt 125 May 7, 1986 AYES: Commissioner Joe Carollo ,4 Commissioner J. L. Plummer, Jr. t Commissioner Rosario Kennedy a.. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez a' NOES: None. ABSENT: None. 48. AMEND GUIDELINES FOR MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT COMMITTEE. Mayor Suarez: Item 52. Mr. Odio: Yes, sir, it establishes... Mayor Suarez: Members of the board and chairman, Minority and Women Business Affairs and Procurement Committee. Mr. Odio: This establishes a committee the size to fifteen members. It provides for the appointment of the Chairperson by the Commission, and it = provides for the Commission to designate the terms of office of said Chairperson and members. Mayor Suarez: Item 52, Commissioner Kennedy. Mr. Odio: You can proceed to designate fifteen. Mayor Suarez. OK, I will entertain a motion to accept a resolution to the extent of the size of the board, and the term of office, and the... do we have to say anything about the Chairperson, or will that be selected by the board? x Mr. Odio: Yes, you should designate a Chairperson. You select a Chairperson. Mayor Suarez: I'm not in a position to vote on that. e r ri? Mrs. Kennedy: I will move without nominating the Chairperson. Mayor Suarez: Do you want to just move the composition of the board and then �.' we will get our appointments? I don't have my nominations yet. Mrs. Kennedy: I don't have my nominee for the Chairperson, but let's move on the committee part and responsibilities, the committee size, composition, and . Mayor Suarez: That is what I was hoping you would say. Is that in the form of a motion, Commissioner Kennedy? Mrs. Kennedy: Yes, so moved. Mayor Suarez: Do we have a second that we resolve to establish the board as in our background materials to have the composition and... There is eighteen names that you have and you can only appoint fifteen. Mr. Odio: Sir, he is not going to appoint the member now, just the size. Mayor Suarez: We are not going to do any appointments at this point. We are going to determine the size and the purposes, and what else, Commissioner Kennedy? Mrs. Kennedy: The composition, the length of time... rt 126 May 7, 1986 Mayor Suarez: Length of time. Withhold all appointments. So moved, do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any further discussion from the Commission? Please call the roll. What is the size of the board, then?... fifteen, right? Mrs. Kennedy: Fifteen. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-363 A RESOLUTION AMENDING THE GUIDELINES ESTABLISHED FOR THE IMPLEMENTATION OF THE MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT COMMITTEE THROUGH RESOLUTION NO. 86-271, APRIL 10, 1986; ESTABLISHING THE SIZE OF THE COMMITTEE AT FIFTEEN MEMBERS; PROVIDING FOR THE CITY COMMISSION TO DESIGNATE THE CHAIRPERSON; AND PROVIDING FOR THE CITY COMMISSION TO DESIGNATE THE TERMS OF OFFICE OF SAID CHAIRPERSON AND MEMBERS AS TWO OR THREE YEAR TERMS. (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 Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 49. APPOINT RUDY SANCHEZ TO LATIN QUARTER REVIEW BOARD. Mr. Dawkins: Mr. Mayor, I am ready with item 51. Mayor Suarez: OK, Commissioner. Mr. Dawkins: I would like to appoint Armando Caso and Rudolph Roberto Sanchez. Mayor Suarez: OK, for the Latin Quarter Review Board? Mr. Rodriguez: I understand that Armando Caso is not on the list of eligible... Mr. Dawkins: OK, I will nominate him and get his name on the Board for the next meeting, so I'll... This is item 51, my two appointments for the Latin... Mr. Rodriguez: Mr. Sanchez is on the list, though. Mr. Dawkins: Mr. Sanchez is on there? I will appoint Mr. Sanchez now. Mayor Suarez: On the eligible list? Mr. Dawkins: On the eligible list, and make the other appointment at the next meeting, and give Mr. Caso time to get his name on the list. Mrs. Kennedy: next meeting. I am also missing one, and I will be prepared to make it at the rt 127 May 7, 1986 a byyl `) z I r". Mayor Suarez: We have one nomination, in the form of a motion. Do we have a second, so we can proceed to vote on it? Moved and seconded. Any further discussion? Item 52 is just the composition of the Board, the size is set at .. 15, and the term of office is set at what, one year? Commissioner? Mr. Mike Portuondo: Two years and three years, Mr. Mayor. Mayor Suarez: Two? ' Mr. Portuondo: Two years and three years. { Mayor Suarez: Staggered terms, is that...? That is all contained in our background, and we have passed it already. Mr. Dawkins: Did they call the roll on that? Mayor Suarez: Background materials. No, we have not called the roll on Commissioner Dawkins' appointment on item 51. He has got two, and he is t making one at this point from the eligible list, and that is- the name of the .'. individual from Commissioner Plummer. Mr. Plummer: Do I have an appointment on that? r. Mayor Suarez: I don't think you have one left, no. Mr. Dawkins: I've got the only two, and I'm ... Mr. Plummer: Yes. `i Mr. Odio: That's all. ;a Mayor Suarez: The Latin Quarter Review Board? ,> Mr. Odio: That is all that was left, two appointments by Commissioner Dawkins. Mrs. Kennedy: Yes. Mayor Suarez: OK, moved and seconded. Call the roll, please. Yf^,: The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-364 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY OF MIAMI LATIN QUARTER REVIEW 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. Mayor Suarez: By the way, for clarification, Commissioner Plummer, on 52 we have not made any actual appointments, just deciding on the side of the Board, and the term of office, as contained in the proposal from the City Manager in the background materials. rt 128 May 7, 1986 r 50. APPOINT ILEANA ACOSTA AS DIRECTOR OF FOUNDATION FOR BAYSIDE SPECIALTY �S CENTER. 3 Mayor Suarez: Item 53, we are going to pass on it still, Commissioner Carollo? Mr. Odio: No. Mr. Plummer: That is mine. Mr. Odio: Commissioner Plummer is the only one that has an appointment here. Mr. Plummer: I am going to nominate Mrs. Ileana Acosta. Mayor Suarez: That is 53? Mr. Plummer: Yes, sir. Mr. Carollo: Who is that? Mayor Suarez: Ileana Acosta. Mr. Plummer: I have been nominating Ileana Acosta. Mr. Carollo: Oh, I am sorry, I thought you said Armando Lacasa. I didn't 3 hear you. Mayor Suarez: OK, moved. Do we have a second? ay Mr. Dawkins: Second it. Mayor Suarez: Moved and seconded. Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 1y I RESOLUTION NO. 86-365 A RESOLUTION DESIGNATING AND APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A DIRECTOR OF THE FOUNDATION ESTABLISHED OR TO BE ESTABLISHED BY THE DEVELOPER OF THE BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK FOR THE PURPOSE OF (1) CREATING AND ADMINISTERING A LOAN GUARANTY PROGRAM FOR VENTURE CAPITAL LOANS TO MINORITY BUSINESS ENTERPRISES (2) CREATING A VOCATIONAL/EDUCATIONAL SCHOLARSHIP FUND FOR MINORITIES AND (3) PROVIDING TECHNICAL ASSISTANCE TO LOCAL COMMUNITY DEVELOPMENT CORPORATIONS ENGAGED IN ECONOMIC DEVELOPMENT. (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. 0 rt 129 May 7, 1986 51. REQUIRE DEVELOPERS SUBJECT TO IMPACT FEES ORDINANCE TO PROFFER VOLUNTARY COVENANT BY WHICH DEVELOPER WOULD BE BOUND BY FUTURE IMPACT FEE ORDINANCE. Mayor Suarez: Item 60. Mr. Odio: That is the impact fee. Mr. Plummer: Hello therel Mr. Rodriguez: Good afternoon. For the record, my name is Sergio Rodriguez. Mr. Plummer: Mr. Mayor, may I interject - I attended a meeting between Sergio, the City Attorney, the committee of the Chamber, some of the users, and here is where I think we are, if I may put it on the record, and I will stand corrected by any of them. Mr. Mayor, there seems to be an awful big rush to put this thing in whether it is right or wrong, and there is a State deadline, based on July 1, 1986. My concern is, that any of the projects above 1.72 should be included. The City Attorney informs me, that we can, in fact, draft a position, or paper, that makes it mandatory on anyone between now and the time that an impact fee is agreed and passed, that anyone who wanted to develop, could, by signing a paper which states, voluntarily, they understand that there will be impact fees applied, that they will pay the impact fees, and that they will not be excluded from any impact that would be created by their project in excess of 1.72. Then I think that we need to go back and to make some more clear definitions as to the justification of the impact fees. I happen to agree with the committee that was present at that meeting that you cannot take 100 percent of that money and put it toward parks and justify it in any court test or action. I think I cannot accept from the Planning Department, and Sergio is only partly responsible. He keeps telling us for now over a year. Mr. Manager, you had better listen to this -that the information from the rest of the department's, he can't get the information, and that has been over a year. Mr. Odio: Well, if... Mr. Plummer: Now, Mr. Manager, I am going to be telling you, that if that information is not forthcoming, that I think you need to change department heads, and if you don't agree with that, then I think we need to change youl Now, I just can't sit back and continuously allow this thing to pursue, based on a very limp excuse that they can't get the information from the department headsl But, I think it is a reasonable request that we not pass this on second reading today, because there are, and I wholeheartedly concur, inequities that exist here today - with the full proviso that if anyone wishes to develop in excess of 1.72, they voluntarily will agree that any impact fee that is passed by this Commission, they agree to pay, as such time as it becomes effective, I think it is a good compromise. I think to try to address it any other way is just fool hardy. You can't do it. You can't sit in front of a court of law and say that all of the impact is on parks, because the impact is on police, it is on fire, it is on sanitation, it is on roads. It is on everything, and the only excuse we can get from the Planning Department is, "Well, we can't get the information because the department heads won't give it to us, and that is over a year, so I am telling you what is a synopsis or a brief what happened at that meeting, and anybody that was at that meeting that wants to correct me, or add to it, feel free to do so, but that is, I think the consensus of the meeting. Mayor Suarez: I also want to hear from the D.D.A. committee, and I see that some of the members... Mr. Plummer: That was... that who that committee was. Mayor Suarez: Oh, D.D.A. was involved in that? That is the same report we have in front of us? Ms. Hirai: No, it had passed before. rt 130 May 7, 1986 ,.i sF i Mayor Suarez: OK, I forgot what Commissioner Plummer stated, but I did not hear the name D.D.A. Mrs. Kennedy: ....they also sound the same, no? Mayor Suarez: You are proposing to ask people to sign something and trust the �! City later to come up with an amount and criteria that they will be able to live with, that is interesting. That serves the purpose of complying with =l State legislation. Mr. Rodriguez: My opinion is... let me leave the legal department give the legal opinion. Mayor Suarez: I was about to say, who asked y y you for your opinion? Mr. Rodriguez. Right, you were looking at me, I tried to answer. Mayor Suarez: I was thinking of someone else. Mrs. Kennedy: Sergio, I will ask you for your opinion. Mayor Suarez: We will ask you for your opinion, Sergio. We always want your �j opinion. Madam City Attorney, what are we required to do prior to July 1st? Mrs. Dougherty: We are required... Mayor Suarez: To have an impact fee ordinance of some sort? Mrs. Dougherty: ... to have an impact fee ordinance. Mayor Suarez: Or an impact fee procedure? ;a Mrs. Dougherty: Yes, and we are looking forward to having that in place by that time. In the event we don't though, it is not that critical if we don't have one in place. 4 Mayor Suarez: I keep worrying about this. •� a} Mrs. Dougherty: One of the things that Sergio and I were just discussing, it is very unlikely that any project that would come under the purview of this ordinance would not also come under a D.O., or a special permit situation, so under each of those situations, we can extract the same kind of fees for impacts that we could under this process. Mayor Suarez: OK, explain that to me again. I am worried about the guy who builds just the one little residential unit in the City. Why would that not be...? Mrs. Dougherty: That fellow would not have been... Mr. Plummer: It is not even addressed here. This is a... Mayor Suarez: OK, you are talking about over 1.72 F.A.R.? Mr. Plummer: Yes. Mrs. Dougherty: Mr. Odio: No. Mayor Suarez: No? No, well, let's get this clarified, because I am still worried about that guy being asked right now to make some sort of a pledge to give some money, and later he can't come up with it. Mr. Rodriguez: The State legislation requires that any development of a A.R.I. site, that if we don't have an impact fee in place, we cannot impose on, him, or her, any conditions, so the only way that we could approve — if we i were to approve those developments in the future, after July 1st... i { l Mayor Suarez: You are talking about those developments, you mean the ones that are D.R.I. size? rt 131 May 7, 1986 jMr. Rodriguez: Over D.R.I. size. If we were to approve any of those projects be for X' in the future, the City would responsible providing the public facility, unless we were go get from the developer, a covenant, voluntarily, s�< saying that they will take care of the impact created by them. Mayor Suarez: And this proposal resolves that? �I J Mr. Rodriguez: This proposal doesn't resolve that. What do you mean by this E: proposal? What the City Attorney... Mayor Suarez: That Commissioner Plummer just described in terms of the... Mrs. Dougherty% It temporarily resolves it. We need to get that impact fee. Mr. Plummer: We need to come up with all the information from all of the departments. +' Mayor Suarez: That is... yes, I mean, resolve that obviously not permanently. We are not going to leave it indefinite as to the amount, and as to criteria, and as to what funds they have to contribute to, or what capital improvements they have to... Mrs. Kennedy: Sergio, how will the City be divided? Mr. Rodriguez: You mean in the future, with the City-wide impact fee?. We will have to have geographic areas established throughout the whole City, let's say five or six geographic areas, and then we will have to estimate the type of facilities which we will impose on impact fee, and estimate the growth in those five or six areas and divide it accordingly. Mr. Dawkins: What guarantees are you writing in for the covenants to ensure me that the covenant promised will not be like the covenant promised with Claughton Island, where we waited ten years for 200 units of housing, and tE , didn't get it. Mr. Plummer: I guess the answer to that... Mr. Dawkins: No, no, I am asking the professional, sir. Then, you can give me your opinion. I want your opinion, first. Mr. Rodriguez: This is the Commissioner Plummer amendment, so, let me try to answer this. A covenant gets... Mayor Suarez: If you want an answer from a true professional, you should get it from Commissioner Plummerl Mrs. Kennedy: You can ask Commissioner Plummerl Mr. Plummer: No, I'll listen to the professional answer, then I will give the expert answer! Mr. Rodriguez: Then, let me try to give it a shot, and then Walter wants to add to it. A covenant... Mr. Plummer: Remember your pension is at stake! Mr. Walter Pierce: ... It's simple. It's simple Commissioner. If you want to get it, make sure you get what is promised to you, get it up front before building permits are issued. Don't wait until something is in the ground. That is the easy way. Mr. Dawkins: All right, thank you. Mayor Suarez: The only difference is that in this case, it is cash that you will be having to contribute. Mr. Pierce: No matter what it is, as long as you get the exaction up front before permit is issued, they will stop from doing anything. Mr. Dawkins: Thank you, sir. That is the answer I am looking for. Go ahead, Commissioner Plummer, with the expert... rt 132 May 7, 1986 j xrf Mr. Plummer: Exactly what I was going to tell you, free of chargel Mayor Suarez: Now, once again, this will not apply to any projects under a ' 1.72 F.A.R.? x Mr. Plummer: At this time. 1. Mayor Suarez: At this time? t Mr. Rodriguez: I don't know exactly the proposal for Commissioner Plummer. l; I think that is what he is saying. Mr. Plummer: You see, that is part of my problem, you don't understandl You understand what the City Attorney has told us, that at this particular time it is 1.72 and above, and you also understand, sir, don't be misleading, that the City Attorney says that we are going to apply it at a later date, City-wide with the exception of single family residents. Mrs. Dougherty: We will agree that it will be City-wide. We will come with our recommendation. The exceptions can be made by you. Mr. Plummer: Well, OK, but your answer to the Mayor was misleading. Mr. Rodriguez: I don't think so. Mayor Suarez: I am confused. Mr. Rodriguez: Yes, I don't understand what I said that was misleading. That is what I... Mayor Suarez: We will later have to come up with an impact fee ordinance that applies to all, except for single family residences. Mr. Plummer: Exactly. Mr. Rodriguez: We will have later on, City wide. Mayor Suarez: This particular procedure will only apply to those that exceed this 1.72 F.A.R. ' Mr. Plummer: That is correct. Mayor Suarez: And our City Attorney, who never fails, tells us that this will comply with the State law for the moment. Mrs. Dougherty: For the moment. I am not saying it complies with the State law, but it is all we can do right now. Mayor Suarez: It is the best we can do right now. Mrs. Dougherty: The other thing is that it can probably be applied to any project that came in for a major use special permit, even if it is less than 1.72, at this time. Mayor Suarez: Any projects coming in for a special permit, such as... any that needs special permits of any sort? Mrs. Dougherty: Probably. Mr. Plummer: Creating an impact. Mayor Suarez: We are going to have a lot of fun with these covenants. OK. Yes, Howard, do you want to make it quick. Mr. Howard Scharlin: My name is Howard Scharlin, I am the Chairman of the D.D.A. committee that is participating in consideration of this ordinance. At the meeting that we had, when questioned as to why the ordinance wasn't being written to cover all the development from zero to above 1.72, the answer was first that it is intended by the City, and second, that the reason it wasn't done was that the information was not available from the various City departments as to what the kind of impacts would be, and what the cost of those impacts would be, so that the Law Department couldn't come up with rt 133 May 7, 1986 } lit j language in an ordinance to take care of it, and I understood that there would be an effort to try at this time to come up either with the kind of information, or the kind of generalizations which would enable an ordinance to be written without specific numbers, but just generalized purposes. Mayor Suarez: Can you just state for the record who the other members of the D.D.A. committee, as a way of thanking them for their service on it? You don't j want to do it? 4• ;' Mr. Scharlin: My memory won't do it, but we have a professional here who I think can give us the names. Mayor Suarez: Roy, can you just tell us who they were. They put their time and made a recommendation that apparently is going to be feasible, and we ought to at least thank them for the time they spent. Some of them are not even members of the Downtown Development Authority Board of Directors. Mr. Roy Kenzie: We had a number of individuals - Jack Lowe of Tish & Swire; Bill Jaffe, Florida East Coast Properties. In addition to that, the Florida Homebuilder's Association joined us at our meetings; attorneys from Greenberg- Traurig; let's see, there was from our committee, Howard. Also on the committee, Harvey Ruvin is on the committee, Armando Codina was appointed to the committee, and Tom Post was appointed to the committee. Mayor Suarez: Thank you. OK, we have a motion, I believe, and a second, do we not? Ms. Hirai: No, sir. "r Mayor Suarez: We have nothing. I will entertain a motion to accept the proposed... Mr. Plummer: I will move that that, which has been proffered be accepted. Mayor Suarez: So moved. of Mr. Dawkins: Second it. `g4 Mayor Suarez: Seconded. Any further discussion? Please call the roll. ' Ms. Hirai: Was this motion to approve item 60, Mr. Mayor? Mayor Suarez: Well... Yam" Ms. Hirai: We couldn't hear. Mayor Suarez: No, we are not approving 60. Ms. Hirai: What did Commissioner Plummer say? Mayor Suarez: We are not approving 60, we are approving the... Ms. Hirai: We cannot... ci f Mr. Plummer: No, we are approving the procedure as I outlined. r,. Ms. Hirai: Fine. t Mayor Suarez: It is a voluntary covenant within indefinite or indeterminate amount that will later be fixed by the impact fee ordinance that the City finally arrives at. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-366 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO REQUIRE ANY DEVELOPER WHO WOULD HAVE BEEN SUBJECT TO THE REQUIREMENTS OF THE IMPACT FEES ORDINANCE TO PROFFER A VOLUNTARY COVENANT OR AGREEMENT BY WHICH THE DEVELOPER WOULD BE BOUND BY ANY FUTURE IMPACT FEE ORDINANCE. rt 134 May 7, 1986 krtl5�2�p�t n` _. am Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: A voluntary covenant is what I should have called it. 52. DISCUSSION OF LOCATION OF OFFICES FOR NEW HOUSING AGENCY Mr. Dawkins: Mr. Mayor, I have a housecleaning item. Quite some time ago I asked the Manager to rent some space from Skippy Sheppard, and up to now, for some reason we have not rented it and they were going to move Herb Bailey's total operation over there, weren't you, Mr. Manager? Mr. Odio: What happened, Commissioner, is that the negotiations are waiting for the results of the housing agency. Without the housing agency, he cannot rent to us, because he can only rent us the total amount of square footage, he's got available. Without the housing agency, we will not need that much square footage, so we could not rent from him at that place. Mr. Dawkins: Wait, now, let me say one thing, Commissioner Plummer. We said that the housing agency adds no more people and no more positions, isn't that what we said? Mr. Odio: That is correct, sir. Mr. Dawkins: So, now how are you telling me that you are going to need more space? Mr. Odio: No, no, no. Let me explain it a simple way. The Housing Agency Division is now under the Department of Community Development. If it is not separated from the Department of Community Development, I do not to need to move them to the Dupont Plaza, they will stay at 1145 N.W. llth Street, so we cannot rent a space for them to move as a housing agency until it in fact becomes a housing agency. In other words, Commissioner, if you don't pass a housing agency, I don't need to pay for them anywhere but where they are. Mayor Suarez: I am not sure I understand the logic of that, but... Mr. Dawkins: As for me, I don't either. I don't understand the logic, I mean, we are going to need some space. Mr. Odio: Yes, but the total square footage that Skip Sheppard has is not needed unless we move the housing agency there. Mayor Suarez: Can we get whatever parcel amount of square footage we definitely need? Mr. Odio: No, that is the point. He will not do that. Mayor Suarez: He was just nodding his head, saying "yes". How about that? Mr. Odio: That is not what we were told. Mr. Skip Sheppard: My name is Sheppard. In answer to that question, there is one area that has 16,500 square feet in all, in order to get both agencies in that, it would be more convenient, I have other space that he would take if he doesn't need all of it, right, but this is more appropriate, in that he can move right in, because it is already set up. That is the reason. rt 135 May 79 1986 7 Mr. Dawkins: OK, Mr. Manager, I will wait until the next meeting to see if we have the housing agency. In the meantime, do me a favor, sir. Negotiate a lease with Mr. Sheppard, without the housing agency and negotiate one with them for space with the housing agency, and next week, let's be ready to sign it. Will you, please? Mr. Odio: Yes sir. 53. REFER TO CITY ATTORNEY REQUEST FROM "YE LITTLE WOOD" GROUP FOR DESIGNATION OF PART OF PINE AVENUE AS PRIVATE ROAD. Mayor Suarez: OK, item 61. Is Commissioner Redford still around? There you are, behind the podium. Mr. James Redford: Good afternoon. My name is Redford, initials, J. F. My address is 3975 Little Avenue. It is in Coconut Grove. The zip code is 33133. I am appearing here solely on a neighborhood issue. I having passed out these little maps here. We apologize for coming before you, but because we received certain citations from the City, we have to come before you because we feel that this is a chance to use the guardian knot approach and save us all a rather small issue in court. Apparently, on the basis of a complaint of somebody nearby, we were told that we were a public street. This is Pine Avenue, and that is the street leading in form Douglas Road, approximately 300 foot long, 18 foot wide, and therefore, had to take our signs down that said "caution", "children", "crimewatch", "private road", and were given two citations by the City, saying that you must take this stuff down. Now, these roads were platted in 1905, when Coconut Grove was a city. There are about 34... well, there is actually 35 lots, you will see they must have tucked one in there. It is eleven and one—half. We have always maintained these roads. I have lived there since 1961. There are some people who have been there 45 years or more, and we have always surfaced our own roads. We have taken care of the whole area. We have even to the point that each one of us, in our homeowner's policy, as you will notice there's four little circles called parks in further. We have always carried liability insurance on these things. I think there is an extra little premium put onto our policies. The roads were listed, and the parks, as undivided ownership. Now, I am not going into this business of whether this is... I don't want to go into this business of whether this is truly a private road and all the legal investigation. I am just telling you what we have done, and we hate to bring these small problems to you, because I suffer through this sort of thing too, and I have sympathy for you, believe me! Mayor Suarez: How far down from U. S. 1, Commissioner, on Douglas is this neighborhood? I think I have been in it, but I am not sure. Mr. Redford: It is about a 300 foot long road. It, originally back in 19... Mayor Suarez: But that is off Douglas, but I mean, from U. S. 1. Mr. Redford: Off Douglas Oh, it is quite a ways from U. S. 1. Mayor Suarez: Is it pretty much at the end of the... Mr. Redford: It is just south of where Main Highway and Douglas Road come together. (INAUDIBLE BACKGROUND COMMENT) Mr. Redford: Yes, you know, Douglas is just a very small piece there, in any case. Now, we think the simplest way on this thing, since we have... we have turned down street lights, we have maintained our own roads and paved them I think three times since I have been a resident, which is about 1961... we would just like to say, why don't we just keep this 300 foot road that gbes no where except to our subdivision, does not go through, it had been contemplated back in 1905 to go through, but it has been vacated, except for 300 feet — why not just say that this is a private road, and let it go the way it has been. All of our signs are not obnoxious. We feel they are necessary for the safety. We put in these signs and the bumps in the streets later on. There is no bumps on Pine, because when we first came in there years ago, when my rt 136 May 7, 1986 i t t3Y 9 . fy children and some of the other resident's children were young, they used to called it "Little Sebring," and they liked to see how fast they could drive around in it, and they hadn't killed anybody, but we thought it was time to eliminate that risk. Mayor Suarez: What is the issue, if I may ask? ... without interrupting you t too much, that you are concerned about? The citations, what can we... Mr. Redford: The City has issued the citations against the organization. We ! have an organization — Ye Little Wood Property Owners Association. We are .,. just asking if you would just declare this 300 foot of road, which we have assumed private, and incidentally I haven't told you, we close it once year. We appropriately took April Fool's Day, and close it every year, put signs out and so forth, private road. Just declare it a private road. Mayor Suarez: What is the legal implication on that, Madam City Attorney? Mr. Redford's: It's a public road and we shouldn't have the signs up. 1 Mr. Odio: The only problem as I see it is that there is a gentleman.... Mayor Suarez: Yes, that is the practical implications. I want to know those too, but what are the legal implications of calling it a private road? Can we change our minds later and call it a public road, and what does it mean? Mrs. Dougherty: There were no dedications on the plat as originally platted, so therefore originally it was a private road. There are some additia of �h becoming a public road, and a road can become public if the City, for example, maintains it. Commissioner Redford says that the property owners association had been maintaining it. The only other problem is that if there are some plats .... a Mayor Suarez: Can we, without legal implication, dedicate, or call it a _ d private road, without any legal implication whatsoever, just out of fiat until we decide to change our minds, if we ever did? Mrs. Dougherty: The only problem that I know about, there is a lot that adjacent to, that would not be then considered on a public road and would have 1 some difficulty being sold and developed. Mayor Suarez: I see. XM- Mr. Redford: May I point out, that that lot is an acre in size, roughly a square acre, 200 on the private road, 200 on Douglas Road. Mr. Odio: J.L. he wouldn't have access to the property. Mr. Dawkins: Mr. Cather, have we been maintaining the road, or are they maintaining it? Mr. Cather: They have been maintaining the road for as far back as I can determine, for the last seven years; however, State statute number 177 states that, that does not give them title to the road. This road is a public road. Mr. Dawkins: But, the City Attorney just said... Mrs. Dougherty: No, it is not a public road. Mr. Dawkins: Lucia, correct me if I am wrong. Mrs. Dougherty: My understanding is it was never dedicated to the public. There are no dedications on the plat, as far as I know. Mayor Suarez: OK. Mr. Cather: There are no dedications on the plat, and as such, it is silent. The State statute says that it is a public road. All of the roads in the subdivisions of Ye Little Wood, and the amended plat of Ye Little Wood, specify that they are private roads on the plats, the two plats that have been filed in 1905 and 1911. These plats clearly designate those properties as private roads, and there is no dispute about this. The only question is, the first 300 feet, which is not shown on either of the amended plats of Ye Little Wood. rt 137 May 7, 1986 Hi Mayor Suarez: So far, the only effect that anyone can conceive that this would happen is in regards to that one acre property that is there? What is practical effect then if we declare it a private road? Mr. Odio: He would not have access to the property from... jMrs. Dougherty: He wouldn't have access to a public street. Mr. Dawkins: Who would not have access to the property? Mayor Suarez: Not through a public road is what you are saying. Mr. Redford: Well, let me point out, lot four, as we show on here, has been transferred, and about 45 years ago, in the deed transfer, it said private road in their metes and bounds description, and the problem with this is, we have this thing... it so happens that a lot in here, lot five, was my late wife's great aunt, and she put in there in 1926. I bet some of you may remem- ber a Mrs. Simpson , and in any case, that was the same way then, in 1926, 45 years ago. I have been in there since 1960 or 1961. We have resurfaced the road three separate times in that time. We can show you the bills. We have incorporated and recorded this thing as a subdivision private road, and here we are, I mean, this is all there is, right! This road... the problem, of course, was that Pine Avenue at one time was going to go all the way through, but except for the first 300 foot, it has been vacated and all the lands that were originally platted have to the owners that abutted it. j Mr. Dawkins: Is the homeowner of lot four, or whatever this is, is he here? i Mr. Redford: I think he and his wife are here. Mr. Odio: Yes, he is here. Mr. Dawkins: You are the owner of four? Mr. Cather: He is very hard of hearing. Mom; Mr. Dawkins: And you have no problem with the road being... Y, T Mayor Suarez: Would you come up to the microphone, please? 4 dk: Mr. Cather: I spoke to the owner of the property. His attorney has advised him that if this street is named a private road, then it reverts back, half of it reverts back to the original owners, which of course, would be him, so he would get that half of the road. The only problem we have is that this is not �^ any plat. The original R.L. Stuart plat, which conveyed his property, shows this street as a undesignated street. All of the other streets and Ye Little Wood, both first section, and the second, show all of the private streets and r r labeled as private streets. The only disputed area is the first 300 feet of Pine Avenue. Mr. Dawkins: Well, if it is not platted, and all of the others are, what precludes this Commission from declaring it and be done with it. I mean, what is the legal problem in us going on and doing it? Mr. Cather: Well, because, if you take a street that is not platted and close it, the law says you must give it back to the original owners. Mayor Suarez: Let's do something, and we will get your appearance in the record and see how you feel about it, but one suggestion here - because this is a personal appearance, we have taken note of all the concerns, and I think we want to resolve that. I think the consensus of this Commission is to resolve the issue, but should we not have the City Attorney give us a recommendation of what the easiest, least troublesome, legally and practical way is of resolving this issue in conjunction with your department, because I am really at a loss to figure out if we make this determination at this point, what effect it might have. Commissioners... is that acceptable, Commissioner? Mr. Redford: Yes, I am . As I say, we are not arguing the legal part of it. We are doing the practical part of it, with the legal part of it is open to question. rt 138 May 7, 1986 a a Mayor Suarez: In the meantime, can we get the City to stop giving citations X;. r until we get this resolved? n. Mr. Cather: I think the easiest thing, one of the things that I would consider would be appropriate, is for the signs to be moved 300 feet down the road, and an a sign placed in the right—of—way in the first three hundred . ' feet, saying private road ahead, and keep up the sign, Ye Little Wood, but don't give any indication that this man's property is in jeopardy. Mayor Suarez: Yes, build that into the recommendations of the City Attorney, can't find any better way of doing it, but try to accommodate the neighbors, I j don't have any problem with that. Mr. Dawkins: Jim, go sit by our City Attorney and see if we can work it out. Mr. Redford: Well, that is fine. The only thing I would say about that proposed solution, but if you are going to move the signs back 300 feet, there is no need for signs. If you are going to say "crime watch", "slow, children", and this kind of a sign, what is the sense of putting it back 300 foot further? It doesn't make sense. Mayor Suarez: We might come up with another designation of some sort — semiprivate, or something else. _ Mr. Redford: All right, I think that is... Mayor Suarez: Thank you, Commissioner. I have a feeling the consensus is to _ solve this problem to your satisfaction. Mrs. Kennedy: Yes, we want to work together, Jim, and we will help to reach some kind of settlement. Mayor Suarez: I am going to come up with one equally confusing for you and y bring it to your County Commission one of these days. Mr. Reiter: If I may clear up something. I am president of the Ye Little �? Wood Association. I just want to make sure that to my knowledge this property is... the property in question, the other lot is fully assessable, every part of it, from Douglas Road, so we are not blocking off anything. As Jim says, the only place this leads is down to our property, so I don't see what is really gained by this. {. A Mayor Suarez: Well, we have heard some interesting things today that are �a 4 quite scary in a sense, because the property might revert back to them, and it may be theirs, and if we declare it a private road and then you are going to... I don't know if you are going to get a bonanza or a headache or what you are going to get, but we want to make sure that the City Attorney is giving us E. the most appropriate way of proceeding. Mr. Reiter: We would just like to leave things the way they are. I mean, nobody is really hurting, the way things are, and we have the signage on the street, and that is the way we like to see it. Mayor Suarez: Can we have that in the form of a motion then, to refer for the City Attorney? Mrs. Kennedy: I so move. Mayor Suarez: So moved. Second, Commissioner? Ms. Hirai: Your name, please. Mr. Carollo: Second. Mayor Suarez: Seconded? Any further discussion, please call the roll. rt 139 May 7, 1986 L� S 7a V kj The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-367 A MOTION REFERRING TO THE CITY ATTORNEY REQUEST RECEIVED FROM REPRESENTATIVES OF THE SUBDIVISION KNOWN AS "YE LITTLE WOOD" FOR DESIGNATION OF THE FIRST 300 FEET OF PINE ?. AVENUE (SOUTH OF THE POINT WHERE MAIN HIGHWAY AND DOUGLAS : ROAD CONVERGE) AS A PRIVATE ROAD; FURTHER REQUESTING THE CITY ATTORNEY TO REVIEW THIS REQUEST AND COME BACK TO THE C { CITY COMMISSION WITH A RECOMMENDATION AS TO WHAT THE ! EASIEST AND MOST PRACTICAL WAY OF SOLVING THIS MATTER IS. Upon being seconded by Commissioner Carollo, the motion was passed and i adopted by the following vote- i AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. - i a Vice -Mayor Miller J. Dawkins a 54. ALLOCATE $30,000 FOR MIAMI YOUTH BASEBALL WORLD SERIES. { Mayor Suarez: Item 63. Mr. Carollo: Item 63. 4• S Mr. Joseph Rodriguez: Mr. Mayor and members of the Commission, I am here on behalf of Jose Peitro, who is president of the Youth Baseball Academy. Mr. Carollo: Excuse me, sir, can you state your name and address for the record? Mr. Rodriguez: Yes, sir. Joseph M. Rodriguez, 1835 West Flagler Street. Mr. Carollo: If I could make a statement, or rather ask a question, and then make a statement. Mr. Manager, are you recommending item 63, the baseball academy? Mr. Odio: Yes, I am, sir. Mr. Carollo: Very good. Since I have made this motion in previous years, I would like to again make the motion in approving their request. Mr. Odio: Please, up to $30,000, that includes the rent for the Miami Stadium, in other words, the money is... Mr. Carollo: That is correct, up to $30,000. Mrs. Kennedy: The question is , do we have the money? Mr. Odio: Yes, we do, in the Parks Department for this. This is something that we have done now for many years. Mayor -Suarez: It is Parks Department, not Special Funds account? Mr. Odio: Department of Parks and Recreation. Mayor Suarez: OK, we have... around here, the less you say, if things are going well, the better for you, so I am going to caution you on that. You can still say something, but... rt 140 May 79 1986 j 1t'k y�atf . Wit`•:.;:;;. w 13 M Mr. Rodriguez: I am well aware of that. No, I have nothing further to add to... Mayor Suarez: You are a smart maul Commissioner? Mrs. Kennedy: Yes. Mayor Suarez: Moved and seconded. Commission? Mr. Carollo: Call the question. We have a motion. Do we have a second, Any further discussion from the The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-368 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $30,000 IN SUPPORT OF THE "1986 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES: TO BE HELD AUGUST 10, 1986 AT THE MIAMI BASEBALL STADIUM. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 55. CLOSE CERTAIN STREETS, ESTABLISH AREA FOR VENDORS, ALLOW BEE WINE FOR GOOMBAY FESTIVAL. Mayor Suarez: Item 64, Goombay Festival. Item 64, what is the... Mr. Odio: They want approval for a street closure. We recommend that.. Mayor Suarez: Wait, we are hearing from the City Manager. Mr. Odio: And we are recommending denial of any funds, since we are still with the policy of not funding for any festivals. We cannot recommend that, but we do recommend that you approve this street closure, pedestrian mall, sale of beer and wine, and the establishment of an area restricted to peddlers during the event. Mrs. Frankie Rolle: Don't deny any funds, right? That is what he said? Mr. Dawkins: Yes, you got everything but the funds. Mayor Suarez: Do you want to make any statements, pleas? Mrs. Rolle: Yes, I want to make a plea, definitely, because I have a City budget here for City services in the amount... Mayor Suarez: State your name and address, please. Mrs. Frankie Rolle: My name is Frankie Rolle, 3430 Williams Avenue. I have a budget here for City services in the amount of $53,484, and I was just hoping that we could get some in -kind services, and we would appreciate it if you would consider that, if it is no more than surcharges on the police cost of $39.584, so if you would take it into consideration, we would appreciate it. rt 141 May 70 1986 agrt e'c: rt Mayor Suarez: You know, we just approved up to $30,000 for something that is a baseball world series from the Parks Department budget. Now, we are x< presented this item as a festival and for some reason, we are bound by a policy that has not been broken yet, I don't think, although sometimes we go around it in different interesting ways, that says we don't fund festivals. I W:; am still mystified by the policy that allows a world series to be funded by } the City and does not allow an important festival, but... Mr. Carollo: Well, Xavier, let me explain it to you, so you won't be mystified anymore. Mrs. Rolle: We will change the title. Mr. Carollo: The difference is that in one, what you are funding is something for the kids of this community to get involved with to keep them off the streets and get involved in something that is positive, that is constructive, for the future. The other one is funding parties in the streets ' of Miami for everybody, which is great, and I love parties, but I think that we should stick by guns and if people want to party, let them pay for it, for it this and all other parties, not just this one. Mayor Suarez: Right. Still mystified, but I appreciate your attempt to explain it. Mrs. Rolle: May I... maybe we need to change the title. We don't consider it a party. When it first originated, we put Miami -Bahamas Goombay Festival, and Bahamians, they are the number one tourists for the City of Miami, and the people of Miami who participate in this festival are the people who benefit from the festival, and it is just a Miami thing, and maybe we will change the title and do some change in, come back, you know, in another category. - { Mr. Carollo: Frankie, you... s Mrs. Kennedy: Let me just, before you leave, let me just... �► Mayor Suarez: Wait, wait, wait, we can't all... Commissioner Kennedy? Mrs. Kennedy: Let me just say for the record that I think this is great for the community. I don't see this as a festival at all, and I wish that we could change the name into Goombay Happening, or, you know, that we don't call it that festival, because I think it is great for the City. w z ; Mrs. Rolle: Goombay Pageant. Mayor Suarez: Pageant, world series... Mr. Carollo: Well, you could call it Goombay Baseball Academy. Mayor Suarez: Right, world series, if you want. Mr. Carollo: Not bad, Mr. Mayor. Mayor Suarez: Sounds good to me! Mrs. Rolle: All right, thank you. Mayor Suarez: Billy, do you want to...? Mr. Billy Rolle: Billy Rolle, and I reside at 3430 Williams Avenue, Coconut Grove. I just would like to say, if you aren't going to fund any of these kinds of events, please don't let me read about your funding them, you know, previously. I understand the policy, but we would like to have the same kind of situation that every one else receives, because you know, we understand what you mean, but when we see something else, like you mentioned the baseball then...... Mr. Plummer: No, no, no, what... Mr. Rolle:... we are sort of awed with some situations. Mr. Carollo: Billy, you... rt 142 May 7, 1986 t` 'dP'\ h Mr. Rolle: We are not arguing the point. We aren't belaboring the point we are just saying, if this is the policy, we will accept it as such, but then, this is our only... biggest event that we have. Please, if you can, give us r+.. something. Mr. Dawkins: It is the policy, Billy, and I keep telling them every time up here, they will tell you, and Commissioner Kennedy, and the Mayor, we have to keep reminding them, that if they ever give anybody one dollar, I am going to line everybody up who has been up here for festivals, and we are going to give them money. That is the policy, I mean, that is understoodl Mr. Carollo: That is right. Billy, we have known each other for a long time. We have been friends. You have been my supporter, but we had to make this ' policy, and the reason was that we got up to the point that we were giving, literally, several millions away a year in parties and festivals, and each j time that we gave to somebody, somebody else came up with another party to ' contribute to. Now, hold down a fantastic job. What you are doing there is something that is really constructive and positive, and has a great following, but we cannot give you monies for this, without giving a lot of other people �.: monies that are asking for the same things. We have that same policy, and } the... Mr. Rolle: Commissioner... Mr. Carollo: ... a big difference, between these festivals and parties and activities of that sort, then the previous one that we contributed money too. Mr. Rolle: If they can give us fewer policemen, then that would help out. I think we are dealing with 77 to 94 policemen for those eight short blocks. That is the only thing we are asking for we... if the costs can come down f from $40,000 to maybe $30,000, that would help us out. Mr. Carollo: I understand. Mr. Rolle:... to maybe. Mr. Carollo: That is something. Maybe we could meet with the Police •, Department. I would be more than ha to sit down with P happy you and the Police Administration, the Chief, to see if there is any way that we could lower the requirement of police officers, at the same time that we keep safety. Mr. Rolle: We appreciate it. Mayor Suarez: And if you involve the people that are sponsoring the event also, as volunteer security, that usually combines quite well with our Police Department, and helps to reduce the force as necessary out there. Mr. City Manager, would you take it upon yourself to meet with them and see what the lowest requirement that could possibly be imposed would be? Mr. Plummer: Billy, let me ask you a question on the record. How much profit did you make last year? Mr. Rolle: Profit was like minus $250. Mr. Plummer: Excuse me? Mr. Rolle: Minus $250. Mr. Plummer: You are telling me that the overall festival lost $250? Mr. Rolle: Right. Mr. Plummer: How? Ms. Rolle: Could I answer the question, Mr. Plummer? Mr. Plummer: Yes. Mrs. Rolle: We have to pay for every service that is rendered. Everybody who works for this festival is paid. We go through City audits with our complete budget, and we never had a problem. OK? rt 143 May 70 1986 :0� r�' 1 Mr. Plummer: OK, all right. Mrs. Rolle: The City required us to go through City budget. I went down there three times, and we got, you know, like A -OK, because one thing I don't want to do is play with other folk money. And we don't have volunteer services like the other festivals, because this is the only time that these people get a chance to really make a few extra dollars, and everything they do, we have to pay for. Mr. Plummer: Yes, I... Mrs. Rolle: We hire security to complement the police force. We have sanitation workers to compliment the Sanitation Department. Mr. Plummer: How much do you charge for a booth? Mrs. Rolle: Last year we charged $125, and that is where we get the revenue to put on the activities, and the budget runs like $130,000, and half of it goes for security. Mayor Suarez: Thank you. I gather that there won't be any motion needed. None of the Commissioners that have been standing on that policy are inclined, I believe, to change their stand on it, so there is no need to make a motion unless Commissioner Kennedy wants to make a motion, but I believe the policy will not change today, hearing the consensus of the Commission. I am sorry, on the other matters, yes, on the non -funding matters. I would entertain a motion on that. Mrs. Kennedy: Sure, I so move. Mayor Suarez: Commissioner Kennedy moves. Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Plummer: What is it? Mr. Odio: Street closing. Mayor Suarez: Street closing. Mr. Plummer: Fine. Mr. Dawkins: Sale of beer. Mayor Suarez: What you can do, I think now, without our... Mr. Odio: Sale of beer and wine and the establishment of an area restricted to peddlers during that event. Mayor Suarez: So moved and seconded. Please call the roll. rt 144 May 7, 1986 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-369 A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL DURING SPECIFIED HOURS FOR THE 1986 MIAMI/BAHAMAS GOOMBAY FESTIVAL; SAID STREET CLOSING SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; ALLOWING THE SALE OF BEER AND WINE FOR A TWO-DAY PERIOD BY THE MIAMI/BAHAMAS GOOMBAY FESTIVAL COMMITTEE IN CONNECTION WITH SAID FESTIVAL TO BE HELD IN COCONUT GROVE ON JUNE 7 AND 8, 1986; SUBJECT TO THE ISSUANCE OF ALL REQUIRED PERMITS AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. 56. HOLD IN ABEYANCE $30,000 PREVIOUSLY EARMARKED FOR FLORIDA HOUSING COOPERATIVE INC. UNTIL THEY PROVIDE FEASIBILITY PLAN. Mayor Suarez: Item 65, Florida Housing Cooperative. Carlos, I believe that is your item. Mr. City Manager, have they met with you and tried to get some sort of into our mainstream of housing programs, and otherwise be established as a City supported entity, like we have done for St. John's Economic Development, for example, or... Mr. Odio: Well, we didn't fund St. Johns. If you remember, I recommended against that and also... Mayor Suarez: I understand. We just designated them as... Mr. Odio:... East Little Havana, and we have not funded I told them when they came to me that we would not recommend any new agencies for funding this year, since we have no funds, and... Mayor Suarez: How about designating them like we did St. John's? What is the effect of that? Mr. Odio: Frank? Mr. Frank Castaneda: We did not designate St. John's. The Enterprise Foundation designated St. John's. Mayor Suarez: I thought we took Commission action on that. Mr. Castaneda: The Commission designated them as developers for the Overtown/Park West area, but they were also designated by the Enterprise Foundation for technical assistance. rt 145 May 7, 1906 T Mayor Suarez: Can we designate Florida Housing Cooperative as developers for .: whatever housing program is built in the area that they are active? Mr. Castaneda: Are you referring to the whole Little Havana area? And what ` would that mean? Mayor Suarez: I don't know that it would accomplish anything, because we are not building anything there except through East Little Havana Community a Development right now, but in case we ever expanded our housing program... does it accomplish anything to designate it? . Mrs. Kennedy: What is it exactly that they are asking for? Y Mr. Castaneda: Well, they came under the Community Development Block Grant process and they requested $100,000 to develop cooperatives throughout the City of Miami. As you are well aware, we had a $4,500,000 cut, we did not 5< recommend any new agencies and we did not comply with their request. The request was neither approved by staff, nor the Advisory Board. If you will recall, we did allocate for them $30,000 last year, and... Mayor Suarez: Yes, they keep mentioning every time I meet with them that . $30,000 was allocated before and they have never received it, or what was i that? Mr. Castaneda: Well, what happened was that the money was allocated in ;= conjunction with CODEC, and Florida Housing Coop has never been able to reach an understanding with CODEC on the deal. Mayor Suarez: What happened to the $30,000? Mr. Castaneda: That is still there. Mayor Suarez: What funds are those? —`: Mr. Castaneda: They are Community Development Block Grant funds from last year's allocation. They were awarded in the last fiscal year profit. Er'' ; "I, Mr. Plummer: And they could not reach an agreement with who? Mr. �t �• _, Mr. Castaneda: With CODEC. The funding was awarded to CODEC, in which 4 +' Florida Housing Coop would be a subcontractor. The money was specifically _. earmarked for the acquisition of land, of a parcel to do a project. It was �- for capital improvements and it was not for operational expenses. They have 2 been discussing several projects with CODEC and they haven't been able to R reach an agreement on their project. x "'�' Mr. Plummer: So, for that reason the money hasn't been expended? Mr. Castaneda: That is correct. Mayor Suarez: Could we reallocate that $30,000 for the same purpose as before, assuming they find a property that they can purchase? Mr. Castaneda: That is up to the City Commission. Mr. Plummer: Well, let's hear from them, the reason why they didn't do anything last year. I think that is the important factor. Mr. Carlos Rodriguez-Quesada: Mr. Mayor and Commissioner, my name is Carlos Rodriguez-Quesada. I represented the Florida Housing Coop. My address is 900 S.W. 32 Avenue. Please sir, Mr. Godoy, Mr. Castaneda is spelling around the budget last year. We presented the petition now the budget, the 1985 and 1986. I recommended to Mr. , the group. What is our question about the new petition, the old petition? Mr. Roberto Godoy: I want to explain to the... Mayor Suarez: State your name and address, please. Mr. Godoy: My name is Roberto Godoy. Housing Cooperative. What Mr. ... I am executive secretary of Florida rt 146 May 7, 1986 �t r: Mayor Suarez: The Florida Housing Cooperative is a nonprofit organization? Mr. Godoy: A nonprofit organization. I was going to start explaining about the cooperative, and so on, but the Commission is asking a direct question and Mr. Castaneda is referring to those $30,000. Those $30,000 were granted last year, and were charged to the ten years program, not the twelve years that we have been talking now. In that ten year's program, and that was very clear... Mayor Suarez: Well, don't worry too much about that, if the money is still available it doesn't matter what year. Mr. Godoy: The money is still available, Mayor. They said request be approved subject to joint venture agreement between CODEC, a not for profit community development corporation, and Florida Housing Cooperative. What has happened is simple, that Florida Housing Cooperative is a cooperative that cannot work together in using the $30,000, and CODEC. Mr. Frank Castaneda knows very well because he has a copy of the letter that was sent to him by Mr. Julio de Quesada that say that we need to revise the draft, that CODEC has to be a party to the agreement with Florida Housing Cooperative, under the authority vested by the resolution of the City of Miami. Second, that the proposed operation is in agreement which contains terms and conditions mandated by the aforementioned resolution. We have tried several times to get together with CODEC and with Mr. Frank Castaneda, in connection with those $30,000, but it never has been possible to make an agreement, because for the simple reason, that number one, Florida Housing Cooperative cannot be agree, and this together with another corporation that is not a cooperative. So, that has to be done, is that those $30,000 could have been to Florida Housing Cooperative, but not the way that that they did it. That is the reason that ... `._ Mrs. Kennedy: Are you saying.... Mr. Godoy: Excuse me? =� y' Mrs. Kennedy: Excuse me. Are you saying that CODEC has never approved any of your projects? r` Mr. Godoy: It had not come to... Mayor Suarez: The reason he was giving is, I am not sure that it makes sense is that they cannot be in a joint venture with a non -housing mZlegally, cooperative entity such as CODEC. Mr. Godoy: If they want to start working, we approve that that be given to the cooperatives, it is all right, but if you want to come together with us at the same time, it is absolutely impossible. That is the reason why we have clearly forgotten, because we have tried several times for $30,000. and what we are asking now, to be able to develop cooperative housing, cooperative, here in Miami. We are asking for $100,000 within the twelve years, a grant that they have, in which, as I mentioned already before, there are $3,400,000 for housing, but that is going to be proposed to be used only for repairs, and not for new housing. The question is this... Mayor Suarez: I am sorry. Let me just get a clarification. What monies are you talking about. Are you talking about 12th year Community Development grant money? Of course, that whole process is still taking place, and in fact, will be presumably, close to completion when we meet on May 17th, whenever it is. Mr. Godoy: The question I want the Commission... Mayor Suarez: So that, you know, we will take your comments for the record, but otherwise will not decide on any of that. We have established a procedure for dealing with the 12th year Community Development block grant monies. Mr. Godoy: Yes, what I want to mention is that there are two way s rt 147 May 70 1986 .. Mayor Suarez: OK, let me close you off here, because we have gone quite a ` long time on this. I will make a motion, I will concede the Chair to Vice - t Mayor Dawkins, and make a motion that the $30,000 tenth year Community Development block grant monies be held for you in the event that you come up with property that you can buy and build a cooperative, that this money will be useful for that. Basically, that money is earmarked for you, if you a_ satisfy all the requirements, find property and so on - not for operating expenses, and that is my motion. Mr. Dawkins: Is there a second? Mayor Suarez: You are not going to get the money right away. Well, you might not get the money at all, if the motion doesn't pass. Mr. Plummer: What you are saying is, the money can only be spent for acquisition? Mayor Suarez: That is right. They would have to show feasibility of acquiring a piece of property, because $30,000 for an option, or for a partial payment, if you don't have the ability to buy it, would just be wasting the money, so... Mr. Plummer: Well, but what about. Excuse me, Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: Under discussion, it is fine to buy a piece of property, but what about if you can't construct anything on it? Then all you have done is bought a piece of property. I think a proviso needs to be placed on that. Mayor Suarez: It would revert back to the City if they couldn't construct? _ 9 Mr. Plummer: Personally, I wouldn't want them to buy the property if they is don't have the construction in place. You know, that is one more thing under a nonprofit group that you are taking off the tax rolls. Mayor Suarez: I accept all of the modifications you are suggesting. kN- Mr. Plummer: I would just say, Mr. Mayor, I think it is... Mayor Suarez: If you have a better way of phrasing it... Mr. Plummer: I think it is proper that that money be held in abeyance until such time as they can produce to this Commission that they have the construction- I want to say in the pocket that is guaranteed, and that these monies will be used toward the acquisition of the property, which is what the money was designated for. Mayor Suarez: It is a little bit like what we did with Swire properties. Once we were convinced that these projects were viable, we finally agreed to disbursements. In the meantime, we have the money earmarked for you for land acquisition. Mr. Godoy: Let me explained to Commissioner Plummer and to the Mayor, we might have the $30,000 to put the down payment of a property with six or eight units. Mayor Suarez: What he is saying is, you have got to show the ability to buy the property and the ability to construct on the property before we will give you the $30,000. Mr. Godoy: Yes, because I want to explain for the Commission to know, that Florida Housing Cooperative is not buying for themselves, it is buying for their members, so that is transferred to members, not to keep them. Mayor Suarez: OK, that is in the form of a motion? Do we have a second? Does it die for lack of interest? Mr. Dawkins: No, I second it. Mrs. Kennedy: OK, under discussion, let me again explain my vote, as I do on very important occasions and most of the time, so that everybody knows where I rt 148 May 7, 1986 am coming from. Mr. Rodriguez-Quesada, and sir, please correct me if I am wrong, was one of my opponent's strongest supporters, as is his perfect right in a democracy, but he went further than that. He got into a loudspeaker on top of cars and trucks and every place, and called me names throughout the whole City, unjustly and unfairly, and I think that he is obviously aware that I knew that, because he lobbied everybody here in this Commission except me. But, let me shock you, Mr. Rodriguez-Quesada, I was prepared to swallow my pride and vote for your project if it was a worthy one, but I don't think it is, and that is why I am voting against it. Mr. Godoy: You allow me to make a translation? Mr. Plummer: No, wait a minute. Let me enter into the record. Mr. Godoy: Or somebody make a translation to Mr. Rodriguez-Quesada. Mr. Plummer: I've got one betterl Mayor Suarez: He can get it from the transcript and have somebody translate. Mrs. Kennedy: He ran against you. Mr. Plummer: I made the motion, and he ran against mel Mayor Suarez: OK, we have a motion and a second, any further... Mrs. Kennedy: You are very open-minded! Mayor Suarez:... Any further discussion from the Commission, hopefully not about the campaigns? Please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-370 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO HOLD IN ABEYANCE AN ALLOCATION OF $30,000 (11TH YEAR C.D. FUNDS), PREVIOUSLY EARMARKED FOR FLORIDA HOUSING COOPERATIVE, INC., UNTIL SUCH TIME AS SAID GROUP CAN COME BEFORE THE CITY COMMISSION AND PROVE THAT THEY HAVE A FEASIBLE AND VIABLE CONSTRUCTION PLAN WHICH IS GUARANTEED AND SHOW THAT SAID C.D. MONIES WILL ONLY BE USED FOR ACQUISITION OF PROPERTY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. ON ROLL CALL: Mr. Carollo: Did you say you are running for Mayor this time around, or...? I vote yes. I welcome opponents, not necessarily you, but... rt 149 May 7. 1986 0 0 57. GRANT BERTHING OF NAVAL VESSELS IN BICENTENNIAL PARK, SUBJECT TO PERMITS. Mayor Suarez: Item 66, Bill Dresser, is he still here? s, Mr. Carollo: I remember the last guy who said that, he ain't around. Mr. Bill Dresser: Bill Dresser, 3910 Loquat Avenue, Coconut Grove. I am here .: today to represent the Greater Miami Chamber of Commerce Military Affairs f, Committee. Mr. Mayor and Commissioners, the reason I am here, and I will ,_ state it briefly, is to secure your assistance in allowing military ships to .• berth in Bicentennial Park, at the F.E.C. slip, and gentlemen, the things that we need are maintenance dredging. We are at 26 feet right now, we need to bring it down to 32 feet, and we also need some dolphin piers. We are told that if we get those things done, we can go with that plan to the Navy and Coast Guard and they will begin to allow ships then to visit the City of Miami. Mr. Plummer: I will vote for you. Are you going to get the permits? kr... Mr. Dresser: Yes. E'yti: F Mr. Odio: Yes. y r: Mayor Suarez: They have got a tricky way of doing it, calling it "maintenance", I think. Mr. Plummer: No, let me tell you something) Do you know what this is worth? Mr. Carollo: Wait a minute. This might cost the City about $250,000 to put in improvements required to berth these ships. Mr. Plummer: Joe, this gives to Ft. Lauderdale, somewhere between $60,000,000 and $85,000,000 a year! $250,000 improvements for half of that is y a tremendous buy. Mr. Carollo: If that is the case, that is another story, but I just want to "• bring that right out, you know, that... Mr. Plummer: The problem is no question. The problem is whether or not you yf,n; can get the permits. That is the whole thing. e : l Mr. Carollo: Well, if you all would... L iY �A!c• Mr. Plummer: Because the fill that they take up, you can sell. Mr. Carollo: Is Stuart Sorg involved in this with you, or...? Mr. Dresser: No, sir. Stuart Sorg is in charge of our Host Committee, but Vice -Admiral Retired Wagner is going to be our key man, and he is the guy that is going to open the door of the scheduling officers at Norfolk... Mr. Carollo: I wasn't aware of that. What is Stuart's rank? Mr. Dresser: OK, Stuart is in charge of our Host Committee. Mayor Suarez: What was his rank? Mr. Dresser: I don't know. Commander? Commander, I believe. Mr. Dawkins: Admiral, reserve. Mr. Carollo: Well, OK, you have got a Vice -Admiral then. That is fine. Mr. Dresser: We have got the right guy, we think. Mr. Odio: I think he's a frogman. Mr. Plummer: No, he is not a frogman, he is a seal! rt 150 May 7, 1986 a s Mr. Odio: By the way, could we have the first ship here May 17th? We might ` need it. We could use it May 17th. We have some... ;,. Mrs. Kennedy: Mr. Dresser, how much money can we expect to derive from this? k 1 Mr. Dresser: ... Quick figures, we're told that 50 ships the first year in ` 1987. If you multiply that out at say an average of 300 men on a ship, $200 per man when they come to port, over that year we're looking at perhaps t.. $3,000.000, if my math is right, and of that, if you take 5% of that on sales tax you're talking about $150,000 just in sales tax revenues alone. Mr. Dawkins: That will do two things for us. I can just visualize now some .; of those vagrants attacking a half drunk sailor trying to get back to his ship, and that will be the last time. And I can also see Grace Rockafellar laughing when all the prostitutes leave Biscayne Boulevard on that end and come down on this end. So I'm happy to go along with you. Mayor Suarez: Out of curiosity, if by any chance the whole scheme doesn't work out, can we use these improvements for some other purpose? Mr. Odio: Yes. Mayor Suarez: That's docking facilities for ships and ... Mr. Odio: In fact, some people are buying some ships with passengers that are smaller and ... Mr. Plummer: One of the things, let me just give you one of the things that J... we've been working on and that is a boat that would go out for dining in the evening, extremely elegant and it will seat a thousand people. The problem is f that they can't get in there because of the 26 foot draft at the present time. z Mr. Dawkins: And there are guys who have been in to see us, Mr. Mayor, who ...............� are desirous of bringing oil in on barges and it's got to be a place away that is secure, so that if a barge catches fire, I mean, so we could also berth the barges there while they discharge the oil. Mrs. Kennedy: Mr. Odio, this is beginning to sound like a broken record. Do we have the money? ft - Mr. Odio: Yes. Mayor Suarez: From? Mr. Odio: Marinas improvement, that is a product of revenues received from Dinner Key profits. It is not taxpayers' money, it comes out of the revenues and in the marinas. Mr. Dawkins: We may be able to swindle some out of Sergio because the sailors, that is going to help the County too, so let's see if we can swindle some money out of them to help with the dredging. Mr. Odio: I don't think he'll have any, but we'll go for it. We'll ask Sergio. Mr. Dawkins: Let him say no so when he comes over here we can say no back. No problem. Mr. Odio: OK, sir. Mayor Suarez: Do we have a motion? I'll entertain a motion. Mr. Dawkins: Move it. Mayor Suarez: Second, please? Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded# any further discussion? please call the roll. Hearing none. rt 151 May 7, 1986 i, The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-371 A MOTION GRANTING A REQUEST RECEIVED FROM MR. WILLIAM DRESSER FOR THE BERTHING OF NAVAL VESSELS IN BICENTENNIAL PARK, SUBJECT TO THE OBTAINING OF ALL NECESSARY STATE AND/OR COUNTY PERMITS IN CONNECTION WITH SAID PROJECT. 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: Thank you, Bill, for the work in regards to this matter, and I hope you will succeed in bringing as many people as possible into our City in Naval ships. 58. SUSPEND THE APPLICATION OF THE "HOLD HARMLESS AGREEMENT" FOR 30 DAYS WHILE FRATERNAL ORDER OF POLICE WORK OUT LIABILITY PROBLEMS. Mayor Suarez: Item 72. Who are we going to hear from on this? Mr. Carollo: You could hear from me first, Mr. Mayor. As I discussed with the representative of the F.O.P. I expressed to him what my position was on this item, and I hope that he will be able to express that to the members of the F.O.P. that are here and those that are not here. At the same time, since I feel that this item, I would have a conflict of interest because of the nature of my business and whichever way I would vote upon it some would say that I was in conflict, I would withdraw myself from this item. Again, I have expressed to the representative of the FOP where I stand on this item just like I would to anyone of you individually, but because of the nature of my business I feel that I would have a conflict of interest in voting in this item, and since I am one that feels that if you have a conflict of interest you do not stay in getting involved in the discussion of the item, then I will withdraw myself now. Mayor Suarez: Thank you, Commissioner, for your statement. Ken, do you want to make a presentation on this? Mr. Ken Nelson: Yes, Mr. Mayor. For the record, I'm Ken Nelson. I'm president of the Miami Fraternal Order of Police, and I'd like to acknowledge Commissioner Carollo's honesty and thank him for his decision on this matter. Mr. Mayor and members of the Commission, Mr. City Manager, fellow members of the F.O.P. brothers and sisters, we're here today to discuss a problem with you, a situation, it really isn't a problem, it's not a dilemma, it's what I would term a crisis. Back in 1980, the Commission instituted an ordinance and as a result of that ordinance, it restricted the use of police officers in an off -duty capacity. As a result of that ordinance they drafted what they called a "Hold Harmless Act." This "Hold Harmless Act" was not enforced until approximately 1984. As a result of the enforcement of this act, we had lost several off -duty jobs like Florida Power and Light, Southern Bell, Greyhound, Trailways. This act continued in effect and initially a lot of businesses ✓signed off. It came up time for renewal this year and it went around the businesses again, this time numerous businesses became wiser and would not sign an agreement which is totally and utterly ridiculous. Some of the businesses that are affected and refused to sign are Winn Dixie. Burdines' rt 152 May 7, 1906 1 t i k 1 �s 1 downtown store, Central Baptist Church, Casa Blanca Restaurant, two Federal { Discount Stores, the Unemployment Claims, State of Florida, Emmanuel Lutheran Church, Miami Dade Community College, Todd's Shoes and Woodland Park Cemetery. " Q= The enforcement of this gold Harmless Agreement would constitute the loss of approximately 100 to 250 off -duty jobs for the police officers in the City of Miami. Looking at the figures that you should have before you, last year approximately 212,000 hours were worked off -duty. This 212,000 hours at an r average of $16 an hour equates to roughly almost $3.5 million dollars worth of `i free police protection provided to the fine citizens of this community. Also, the City of Miami collected a surcharge during this time of $5.00 per ' police officer which equated to roughly around $176,000. Mayor Suarez: $176,000 for what period of time? I thought it was $300,000 and some thousand a year that we got from it. Mr. Nelson: No, it was $176,000. Mayor Suarez: For a year? Mr. Nelson: For a year. These policemen and policewomen here today are here to testify and show to you the importance of off -duty police work to them, plus we have fine outstanding members of the business community and the citizens of Miami as well. We're here to start making a presentation and we . have several people that would like to speak to the Commission. Mr. Robert Klausner: Mr. Mayor and members of the Commissioner, my name is ' Robert Klausner, 28 West Flagler Street. I'm counsel for Fraternal Order of ``. Police Lodge 20. I think there are a number of figures which the Commission and which the community should be aware of. We have taken from, compiled from the City's own data figures for the last two fiscal years. We had prepared some transparencies but unfortunately, your overhead projector doesn't have a light bulb, probably part of the austerity program. Mr. Odio: That's true. Mayor Suarez: You really know how to hurt our City Manager. Mr. Klausner: We helped him out at contract time. For the fiscal year 1984 � Y there were 34,750 off -duty jobs worked. That produced 226,744 hours of police Fz. ` service to the community that didn't cost the taxpayers a dime. In order to have reproduced that kind of police work with on -duty personnel, you would Via; j.f have needed 109 more police officers than you have now. That would be a lOX increase in the sworn force of the department and that is something that the business community is paying for. By 1985 we were already losing business, as can be seen, there were still approximately 34,000 off -duty jobs, the hours had declined, however, to 212,000 which still would have required 102 more J police officers to do that kind of work. Now let's talk about what kind of financial value that has to the City. At an estimated average salary of $16 } an hour, in 1984 the off -duty jobs paid for by the businesses in the community generated $3,627,904 of extra pay for your police officers, and also $3.6 million dollars of police services that the City didn't have to pay for. In 1985 even with the decline it was still $3.4 million dollars of police '* services put into the community. In order for you to replace that, we're - r> talkie about assigned overtime type of activities, it would cost the City 8 8 YP Y $4.3 million dollars to put those same officers on the street, and if you had -t' to put 101 police officers on the street you'd have to add in the cost of °ry training, which costs you about $30,000 a person to train. So that is " ` another $3, 000, 000 on top of that to try to train the personnel to put them onto the street. That is the type of benefit that the City derived from off - duty jobs. Now, it is interesting to look at the budget in the off -duty job office. It is budgeted for $200,000 for workers compensation and liability claims. That seems to be the bone of contention. It is not the cost of running the office although by the way, you may know that you have a lieutenant, two sergeants and four sworn police officers in that division _- alone. That has a $96,000 cost exclusive of benefits. Mr. Plummer: That's being changed. Mr. Klausner: Well, it is still shown as your cost. Mr. Plummer: No, but I'm saying it is being changed. rt 153 May 7, 1986 1* 0 Mr. Klausner: Fine. Well, then you can take $130,000 off of your out-of- pocket costs in that division alone for the year. The $200,000 cost, however, is what presumably is funded into the Self -Insurance Fund. However, your claims in that area are substantially below. From what we were able to determine, we couldn't find any claims for injuries that occurred on off -duty jobs except for when a police officer was taking a police action. Now, as I understand, the Workers' Compensation Law, whether you're on duty, off duty, working an extra duty job or driving by in your car, when you are in this City you are a police officer 24 hours a day. Our people are subject to the rules and regulations, in our contract we agreed to take drug testing 24 hours a day when we're in the corporate limits of this City, even working the off -duty jobs and nowhere, has there ever been a cost to the City for an injury other than when a police officer put his or her life on the line to arrest someone. When you've got 212,000 extra hours of police service in the community I don't think you can calculate the number of crimes that you stopped. You've had a very substantial number of arrests. We've also had some police officers who put their lives on the line in that situation, yet in every one of those situations we've had to fight the City for the Workers' Compensation Benefits. Have we had any that are that serious? No, most of them have been simply medical costs, where a police officer gets injured. We had a police officer who attempted to stop a purse snatching in front of the Publix store near Bay Point, and the offender jumped into a car and drove away dragging the police officer behind him on the car. What happened to the police officer? He was told that, that was not an action in the line of duty - go pay the medical costs yourself. And this is why you want to end the off -duty jobs? I suggest that you read the "Hold Harmless Agreement" that you've been asking these _ businesses to sign. If I had a business I wouldn't sign it either because first of all I don't think you can enforce it. Secondly, you can't shift your Workers' Compensation responsibility to us which is what you're doing. Mr. Dawkins: Hold it right there, let's be fair. If you don't work there is = no damned responsibility. Let's be fair. OK, now, if you don't work there is no responsibility, so don't say I'm shifting it to you - or liability. OK, come on now. Mr. Klausner: Well, Commissioner, that is like saying we may as well take 212,000 hours that these people put in ... Mr. Dawkins: No, no, but you and I are together and I'm with you 100%. - Mr. Klausner: OK, then I won't argue with you. Mr. Dawkins: I want us to understand see? because I'm with you and we're going to find a way to resolve this. All these guys out here, they're working second jobs. They're not trying to sell dope. Mr. Klausner: That's right. Mr. Dawkins: So at least they're trying to make it honestly. Let's try to help them. Mr. Klausner: That's what we're trying to do. APPLAUSE Mayor Suarez: As I've always said, please, the clapping does not help your cause, it just delays the procedure. Mr. Klausner: Commissioner, you've hit the nail on the head, and I'm going to sum it up this way ... Mrs. Kennedy: Let me just ask you, Bob, under the current insurance prices, how much money are we talking that it would cost the City? Mr. Klausner: The City budgets $200,000. Right now you take in about $174,000 to run the office. We've said you've got $130,000 worth of police personnel in there that Commissioner Plummer tells me is coming out and can be replaced with less expensive civilian personnel while these police officers are released for other duties throughout the department, which is one of the things I know that has been a goal is to put more police officers in law enforcement jobs and less in administrative jobs. rt 154 May 7, 1986 Mr. Plummer: Bob, let's talk to the crux of the matter. The crux of the matter is liability. Liability today has become unbelievable. Now, as Commissioner Dawkins has said, if they didn't work an off -duty job there would be no liability. OK? Now, what I'm saying to you, and I saw this parallel situation as I explained to Ken, in Cincinnati because it did get out of hand. T.r The liability, as you know, this City has been saddled with some damned hellacious claims that we have settled out of court thinking that was the best part of what we could do. You take one claim of $800,000 that we just settled, all I think that the City is asking, and I have agreed with Ken that this indemnification which has been asked to be signed is not proper. But I do know that there are many companies who have signed it, as improper as it might be, including Publix and other companies. Now, I think that the issue that needs to be addressed is the providing of liability insurance. It is not your fault and it is not our's that liability has gone up 400% and 500% in premiums. And I'm just saying that I agree with Commissioner Dawkins, if you don't work those off -duty jobs you are not creating the potential liability problem for the City. In Cincinnati, let me tell you what they did. In Cincinnati they formed an off -duty organization which they solely were responsible for, they did all of their own assigning, they made all of their < own profits which were enjoyed by the members of that organization, but in the ' like way they took out liability insurance, workmen's compensation insurance and every other type. They used the off -duty policemen because they had arrest powers. They used this uniform that was so slightly different that another policeman probably couldn't tell the difference, but it did, in fact, take the liability off of the City. We have to assume, as you have indicated, ' that liability when it is City -related. I am concerned, and I think everyone of these Commissioners who have sat up here through liability payments of $800,000, $400,000, $2,000,000 and all of these kind of numbers that are just completely out of question, that something has got to be done and the City cannot assume that liability. Mr. Klausner: Commissioner, we're not asking you to accept liability for anything other than what is your responsibility and that is when we take a i police action. We have responsibilities to the City 24 hours a day. s;. Mr. Plummer: That's not the point, Bob. The point is your liability is different when you are working a job. Mr. Klausner: Commissioner, we looked towards, we looked to try to resolve this at the bargaining table and we were told no, leave it the same. That's j what brings us to this crisis today. We tried at the bargaining before to change the issue and we were told no. We're aware of the problem too, we don't want to saddle you with the problem. ;% Mr. Plummer: Well, as I told Ken the other day, I agree with him that this F which is presented as an indemnification for a person to sign is not fair. Mr. Klausner: Then hold off on making people sign it. You still have the ordinance that you can enforce. Mr. Plummer: I suggested to Ken the other day, fine, we both agree that it's not fair, come back with some solutions that will alleviate the problem and the liability of the City. That's all I'm saying. Mr. Nelson: I just want to point out one thing. I talked to you yesterday and we can't come up with a solution over night for something the City tried to work on for over a year and hasn't been able to come up with an answer yet. We want to have the time to try and work on this. Mr. Plummer: Fine. Take 30 days and do it. That's fine. Hold off 30 days. Mayor Suarez: We would, at least from my perspective, I would be willing during that period of time to not require the agreement to be signed. Let me tell you the reasons why I believe this: (1) Off -duty police officers are involved in law enforcement. Any way you look at it we have a situation where the private sector is subsidizing the public sector by paying a huge percent- age of the cost associated with that law enforcement function that they're carrying out, as you have stated in your figures. I believe that there is going to be some imposition of liability on us, you know that we've got self- insurance beyond a certain amount and it is always scary, but that is true of any case involving a situation where a police officer is trying to prevent a crime. (3) I think the police of the City of Miami have had enough troubles, rt 155 May 7, 1986 n 1 - �R i have been under enough pressure, and I think they deserve to have the support of the City Commission on this item. That is my belief. I would bend as far 1 Yt :x as we could possibly bend to make sure that this could be accomplished. (4), I take into consideration and take notice of the fact that you're the first of the three unions that were remaining without a contract to sign, to put a lot of faith in us, and to agree with the conditions that we imposed including the one relating to drug testing. For all those reasons, I would be willing to suspend the, if it was up to my vote to suspend the application of that "Hold Harmless Agreement" until we can carve out possibly some situations in which liability would not be imposed on us, but at least you'd have some relief in t the meantime. Mr. Dawkins: What is the, Ken, what amount of money per hour does the City 1 require from each hour that an off -duty policeman works? Mr. Nelson: It's not an hourly rate, it is a flat surcharge of $5 per police officer per job per day. Mr. Dawkins: $5 surcharge, and approximately how many hours are we working? Mr. Nelson: Last year we had 212,000. However, we've it declining because of people refusing to sign ... 1 Mr. Dawkins: So if the City was to take three of those dollars ... a Mr. Plummer: No, the City takes all of those now. Mr. Dawkins: I know we take them all, but if the City were to take three of them and put them back into a liability insurance, and ask that the union put three dollars, and we purchase the liability insurance, what would that do? Mr. Nelson: I do not understand where you're coming from. Mr. Dawkins: What I'm trying to say, the City is self -insured and that's our biggest problem, see? And as you said, the premiums of insurance is quite high and the only way we're going to get out of this is purchase, I mean we've got to purchase some liability insurance. So I was just trying to find a way that the cost could be assumed. I don't know what we can do. Mr. Nelson: Well, there is a possibility of raising the surcharge that 4 �.;-. additional $3 you're talking about, but one thin I want to ... Y g g Mr. Dawkins: But will the people who are hiring you pay the extra money? Lr>, Well, let's not throw the baby out with the bath water. t: Mr. Nelson: I'll tell you, at this time I'd like to pass the mike to a couple �`: of other people we have here from the business community who can address this r_ problem and tell you exactly how they feel. Mr. Schweiger here, he is the t_ „s security director for Winn Dixie, and he came all the way down from Pompano for this. Mr. R. C. Schweiger: Do you want my name and address and all of that? Mayor Suarez: We're going to hear from you briefly, but if I understand what Commissioner Plummer is suggesting, he would be willing to go along with the suspension of the use of the clause for the next thirty days while we work on a more permanent solution. You can't do much better than that. We would suspend the use of that clause, the indemnification, and he is willing to go on that. I gather the consensus of the Commission is the same way. I don't know that we can do any better than that by you today. Mr. Nelson: I understand that, Mayor Suarez, but I just wanted to emphasize how important it is, not only to us but to the businessmen of the community. Mayor Suarez: At the risk of, when things are going well and you've got momentum on your side, you know, take your winnings and ... Mr. Nelson: We'll take a trust in that, but we're going to go ahead and continue if we may. Mayor Suarez: Yes, go ahead. rt 156 May 7, 1986 Mr. R. C. Schweiger: Yes, my name is R. C. Schweiger, I am the security manager of the Miami Division of Winn Dixie. I live in Miami Springs, 1137 �`. Dove Avenue. I guess what they want me to comment about is Commissioner Dawkins' suggestion that this surcharge per man day or whatever man shift be increased. I don't think we would look upon that unfavorably, I just don't know. Mr. Dawkins: Commissioner Dawkins didn't say that, Ken said that, sir. Mr. Schweiger: Well ... Mayor Suarez: You don't know the amount of money that we're talking about yet, it hasn't been established. Mr. Dawkins: But I agree, I think we would price ourselves out of the market. I agree with you, Mr. Schweiger. What we would do is price ourselves out of the market. Mayor Suarez: We might. Mr. Schweiger: We're self-insured too, and I'm very much involved in our civil matters, so I know exactly what you're talking about. Mayor Suarez: Grace, do you want to make a statement? Mrs. Grace Rockafellar: For the record, I'm Grace Rockafellar. I live at 814 N.E. 71 Street. I'm president of the Northeast, Miami Improvement Association and co-chairman of the United Northeast which is a coalition of all the civic associations in the northeast including the Biscayne Boulevard Association headed up by Jim Engleton. And they asked me to speak here before you today. Now we've had a number of meetings on this very thing, and the people are absolutely opposed to the City cancelling the insurance for the off -duty police officers. Now those off -duty police officers, we don't have to remind any of you what the crime rate is in the City of Miami. You can stay pretty .}, safe in your home with your double bolt locked doors, your bars on your window �w- and your alarm and your flood lights, but everybody has to shop. The �a merchants do not hire these off -duty police officers to protect their stores - e they hire them to protect their customers. When you walk into a shopping 4` plaza, drive in, before you get out of that unlocked car, you look to see if you see a uniformed police officer. We all have to shop, we all have to go to the banks. And this is our security blanket for all over the City and a lot of these stores I think would move out, and a lot of places the people .. would not shop if they did not see a uniformed police officer there. And one further thing I would like to bring out that has been brought up at our meetings. We, the taxpayers pay the bill. We pay for this don't we? And _ we're willing to pay for it. Mr. Dawkins: And if I raise your taxes you'll vote me out. Mr. Rockafellar: No, we are willing to pay for this and we think that, you know the police officers, they're not like your jobs or any other jobs, they're the only group of people whether they work for the government or in private enterprise, when they leave their homes in the morning they don't know whether they're coning back at night or not and neither do their families. We have an outstanding Chief of Police, his assistants are outstanding and the police force are outstanding people. They come when you need them just as soon as they can. Now, as I say, it is a citizens' security blanket. You go up to Aventura, it is a big shopping plaza up in North Miami Beach. That is all enclosed, but on every floor - they have three floors - you'll see at least 5 or 6 uniformed police officers there. That gives you satisfaction to know that nobody is going to rip off your purse. The easiest way to make a living in the City of Miami is snatch three or four purses or lift a couple of billfolds and this is what happens all the time. You're set up for quite a while. Mayor Suarez: Please don't say that on the record. I don't want to give anyone any ideas. Mrs. Rockafellar: Mr. Mayor, you know as well as I do that when we go shopping we don't know whether this is going to happen to us. You have to take money when you go shopping. You're either putting money in the bank or bringing it out when you come out of a bank, and for the sake of the people, rt 157 May 7, 1986 �r h and if you people can't decide on it, why don't you put it to a referendum? And I think this thing would be moved in favor of the police 100% because the people really appreciate their police and, Commissioner Dawkins if our taxes had to be raised to pay for it we'd pay for it. That's how much we think of our police. Mr. Dawkins: I know that, Grace, and the problem is not in the taxes, the problem is in buying the insurance, that is our problem. Mrs. Rockafellar: Let me ask you something, you talked about two big settlements, were those off -duty police officers or were they on the regular? Mr. Plummer: No, the second one was, the first one was not. Mrs. Rockafellar: He was working off -duty? Mr. Plummer: No, not off -duty. But we have had claims. OK? We have had claims. Mayor Suarez: Grace, thank you. Mrs. Rockafellar: Well, we appreciate it and we hope that you give this a lot of consideration because we, the citizens, as I said it is our safety blanket not only where I live but all over the City. We have to see those police .. officers there, and we hate like the devil to see the Metro police haven't served the City at all come in there and take those jobs away when Metro is willing to pay their insurance. Mr. Dawkins: And the Florida Highway Patrol. Mayor Suarez: Sebastian, again, let me warn you that you may have momentum on your side here. I'm ready to make a motion, pass the gavel to Commissioner Dawkins and move that we suspend the application of the "Hold Harmless Clause" for the next 30 days pending a more permanent arrangement. I think the 4 consensus of the Commission is that we ought to cover at least some of the instances, if not all of them. And let me say in making that motion that if having friends is some kind of a conflict when they come before the Commission for some matter then I have a real conflict in voting on this matter because s7 most of the police officers in the City of Miami are my friends. Mrs. Kennedy: I second that motion. Mr. Sebastian Mr. Mayor, at the risk of losing momentum, there is one last thing that I would like to leave you with. Mayor Suarez: It is always a risk, but go ahead. I'm sorry, he's the chairman. Mr. Sebastian Not everything with the off -duty employment is dollars and cents, and I want to leave you one example. Last Sunday 21 police officers from the City of Miami Police Department volunteered to work the League Against Cancer Telethon. I talked to Channel 23 who were the sponsors of the telethon and I explained to them that the agreement had to be signed prior to the police officers committing themselves to work there. The officers showed, we worked and at the very same day Channel 23 came back to me and they told me, I'm sorry, Sebastian, but after reading this document we cannot sign it. Lucky for us, the League Against Cancer who I'm sure cannot afford to pay for this, did sign the agreement and the police officers were there, and they worked for the whole affair. So this is just one incident in which it isn't just dollars and cents. I think it is part of our commitment to the City and we did it. Thank you. Mr. Dawkins: Any further discussion? Mr. Nelson: Mr. Vice -Mayor Dawkins. Mr. Dawkins: Yes. Mr. Nelson: Just before you vote. I want to just point out one thing just to highlight how big a dilemma this is and at the risk of losing any momentum here. If you're all aware, recently Calle Ocho, we worked that event, and we had a couple of police officers involved in a fracas there, and in trying to rt 158 May 7, 1986 ;ztr 4 apprehend one of the offenders one of the police officers struck the other police officer across the head with a night stick. Originally the City of z Miami didn't even want to go ahead under Workmen's Comp and take care of that person. It took a phone call in which I had to enlighten them by telling them that either (1) they could accept the Workmen's Comp liability which had only been a couple thousand dollars, or (2) they would have to accept that this employee wasn't under their employment at that time and we'd sue them $50,000 for police brutality. That changed their mind and they ended up covering it under Workmen's Comp. This is a real dilemma that we're all looking for your guidance and your support. We're out here in force today and I can assure you i we're going to be out here three times more next time. These are all fine police officers with the City of Miami who are hard working, they're honest + and they're willing to go out there and work that little extra job to pay t their mortgages and make ends meet. Thank you. Mr. Dawkins: Well, see, I don't need the force, I don't care if nobody else don't show up, but the fact that I know that my son needs two incomes and he's about in the same age bracket, so they're not working because they love to i work. They're working two jobs because they need it, and, therefore, that's i why we want to help. Any further discussion? Mrs. Kennedy: Just to say that I understand the insurance crisis the City is suffering, but I also understand that at a time like this we have to throw our support behind our police officers. i f Mr. Dawkins: Any Further discussion? Call the roll, Madam Clerk. The following motion was introduced by Mayor Suarez, who moved its adoption: �i MOTION NO. 86-372 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUSPEND THE APPLICATION OF THE "HOLD HARMLESS AGREEMENT" FOR A PERIOD OF THIRTY DAYS WHILE REPRESENTATIVES OF THE FRATERNAL ORDER OF POLICE (F.O.P.) AND MEMBERS OF THE ADMINISTRATION CAN WORK ON A MORE %. PERMANENT SOLUTION TO THE EXISTING PROBLEM AND CAN PRESENT TO THE CITY COMMISSION A RECOMMENDATION REGARDING THE LIABILITY ISSUE. Upon being seconded by Commissioner Kennedy, 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. ABSTAINING: Commissioner Joe Carollo Mayor Suarez: Thank you. Mr. Nelson: Mr. Mayor and Commissioners, we thank you very much, Mr. City Manager, we thank you. rt 159 May 7, 1986 a{{9. n 1 iy k 3 4} d F2,r 59. SCHEDULE PUBLIC HEARING FOR CODESIGNATION OF 22ND AVENUE TO GENERALISIMO ' MAXIMO GOMEZ AVENUE. Mr. Odio: Mr. Mayor, could we take item 70? We have some people waiting here from the community. Commissioner Kennedy invited this group. Mrs. Kennedy: Yes, all those people waiting there. Mayor Suarez: OK, item 70. Mrs. Kennedy: I would like to call Mr. Andres Vargas Gomez and Mr. Maximo } Gomez just to stand up. They were the people who along with many others brought this to my attention. In fact, all of you, why don't you all stand UP* Alfredo, why don't you stand up, everybody. I think it is appropriate that we in Miami honor a Dominican who dedicated most of his life for the struggle of Cuba's independence. It is appropriate that we here in Miami who are so closely linked with our Caribbean countries or neighbors name a street for one who did so much to see that Cuba be set free. In our City we already have some facilities named after our pioneers, we also have a park named after Jose Marti, and an avenue after the great martyr leader of the American civil rights movement, Dr. Martin Luther King. I think it is appropriate that wee do justice then by codesignating 22nd Avenue from N.W. 36th Street to U. S. 1 as Generalisimo Maximo Gomez Avenue, and I so move. Mayor Suarez: It has been moved, do we have a second? Mr. Dawkins: Second and under discussion. z: Mr. Plummer: What is your motion? Mrs. Kennedy: Generalisimo Maximo Gomez Avenue, codesignation of it. max; IL Mr. Plummer: Commissioner Kennedy, has it been seconded? Under discussion, I # have no objection, but I sat on this Commission back in the days when another street was named by this Commission without a public hearing. Joe, I think you were here at the time. T:. Mr. Carollo: I remember. Mr. Plummer: And I beg of you, Commissioner, that all of the people on that street be notified for a public hearing and hopefully they'll all come in in favor of it. Mr. Carollo: Well, J. L., if I recollect, I believe there might have been something to the effect that we stated that we would have hearings. Mr. Plummer: Public hearings, that's what I'm talking about now. Mrs. Kennedy: Is that, Mr. Manager, what you would recommend? Mr. Odio: Yes, I would recommend that we do this. Codesignation, we'll put it right on. Mr. Plummer: I'm recommending that they have a public hearing and that all of the parties on that street be notified. Mayor Suarez: Give public notice. Mr. Odio: We didn't do that on other streets. Mr. Plummer: Oh yes. Mr. Odio: We didn't do that on 20th Street when they did it. Mr. Plummer; Sir, we did, and let me refresh your memory to a very, very touch item on this Commission called Cuban Memorial Boulevard. Mr. Odio: Yes. rt 160 May 7, 1986 L] Mr. Plummer: Do you remember that? r'ris xw Mr. Odio: Yes. - Mr. Plummer: All I'm saying is that we have a public hearing to make this designation. I am in favor of it, I will vote in favor of it, but without a public hearing you can have people on that street who should have their right to object. That's all I'm saying. ". Mrs. Kennedy: OK, I don't mind that. We will set a public hearing in two weeks, May 22nd. Mr. Plummer: Fine, have it in two weeks. So notify all the people that are affected. Mr. Carollo: For the record, I will be voting with this motion when it comes up, and at the same time I have no problems of having a public hearing on it and hearing anyone that may want to object to it. Mr. Plummer: I'm assuming, Commissioner Kennedy, that would be a codesignation so we don't run into a problem with the post office. Mrs. Kennedy: Yes, absolutely. Absolutely not, a codesignation. Mayor Suarez: Are you going to speak for or against this item understanding that the consensus of the Commission is that we will have a public hearing on it, and you will be able to express your view at that time? Mr. Cohen: I withdraw my presentation. Mayor Suarez: Great, appreciate that. 4 Mr. Plummer: Were you opposed to it? Were you opposed to the naming? Mr. Cohen: I don't want to belabor this issue. =Y Mr. Plummer: Fine. Mrs. Kennedy: You'll wait for the public hearing. Mayor Suarez: Yes, we'll be happy to hear from you at the public hearing. Mr. Plummer: Why don't you schedule a date,, Commissioner. Mrs. Kennedy: 22nd? Mr. Plummer: That's fine with me. I second a motion that a public hearing be held at 2:30 on May 22nd. I second the motion. Mayor Suarez: So moved and seconded, please call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-373 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO SCHEDULE A PUBLIC HEARING TO TAKE PLACE AT THE MEETING OF MAY 22, 1986 AT 2:30 P.M. REGARDING PROPOSED CODESIGNATION OF 22ND AVENUE (FROM N.W. 36TH STREET TO U.S.-1) AS "GENERALISIMO MAXIMO GOMEZ AVENUE"; FURTHER INSTRUCTING THE CITY MANAGER TO NOTIFY ALL INTERESTED RESIDENTS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- rt 161 May 7, 1906 a 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 very much for coming by and not making a presentation but having one made for you. 60. DISCUSSION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (See label #63) Mayor Suarez: We're back to item 67. Mr. Carlos Garcia: Mr. Mayor and members of the City Commission, it is a requirement of the State of Florida that the City's financial statements be accepted by the City Commission as a public record, and to that effect here today, we have the auditing team of the City composed of Ms. Sharon Brown from Coopers and Lybrand, Priscilla Baby from W. B. Koon and Fernando Fernandez from Samson, Kline and Jacomino. In case you want to have any questions answered they will go over the financials and bring some of the highlights. Mr. Plummer: Sharon Brown, what is the financial condition of the City? Ms. Sharon Brown: Commissioner, you have a fund balance of $14.4 million dollars. I would say that the situation is, relative to other cities is probably comparable, we see no major problem. Mr. Plummer: Of that fund balance that you speak, how much of that is restricted? Ms. Brown: On the fund balance, of that $1.8 million dollars was already encumbered for projects in process. Another .3 was restricted for traffic related expenditures, that is the local option gas tax residue. $6.5 million was allocated to the 1986 budget, and the balance of $5.7 was undesignated and that particular balance, just to give you some relativity, is approximately 4x of City General Fund expenditures for the past fiscal year. Mr. Plummer: Self -Insurance, how is this City doing in Self -Insurance? Ms. Brown: Self -Insurance is handled in terms of recording on the financial statements of the City, and hopefully this will answer your question, on the balance sheet of the City, those claims that are determined to be of longer than one year duration before they will be paid are considered long term debt of the City, and as of September 30th, there was approximately $24 million dollars in such claims. That is an amount that represents the liability. It is not all funded, the amount still to be provided toward that is approximately $19 million, and approximately $5 million was funded in the Self -Insurance Fund at the end of the year. Mr. Plummer: There's $5.000,000 in the reserve fund? Ms. Brown: Yes, for what we call all the self-insurance claims. Mr. Plummer: What is the annual recurring actual claim? Ms. Brown: The actual claims that went through? Let me check that for you. I believe it was approximately $10. About $13.5 were the total expenditures that went through the Self -Insurance Fund during the past fiscal year. Mr. Plummer: Do you feel that is a fair ratio? Ms. Brown: Well, I don't know how one can judge that in terms of fairness. rt 162 May 7, 1986 S t t� �y Mr. Plummer: There are tables. Ms. Brown: Pardon? Mr. Plummer: There are tables for such. What I'm bringing out is it seems z- low. Ms. Brown: The actual payments relative to the remaining liability in the particular year, yes. I mean there are only half as many claims in any particular year. Mr. Plummer: Let me come at it a different way. My concern is that we have potential liability or reserve of $24,000,000. Ms. Brown: Yes. Mr. Plummer: You are saying that we only have $5,000,000 in the fund which is approximately one -fifth, if all the reality became true. Ms. Brown: That's right. Mr. Plummer: That seems rather low on the normal accepted ratio that most people use for reserve. Ms. Brown: The City does not operate as if an insurance company would with respect to the amount of the reserves that would be retained. Mayor Suarez: Are we still talking about the claims fund? Ms. Brown: Yes, we are. The Self -Insurance reserve. i Mayor Suarez: I missed the answer to this question. What was the recurring amount from prior claims? 4 ..4 A, Ms. Brown: In that fund last year there were approximately $13.5 million dollars worth of expenditures. Mr. Plummer: Of claims, and that is very low. Is the City contributing annually to that fund? flow does that money funnel into that fund? EV Ms. Brown: It comes from the various, it comes from the General Fund and the various City departments on a formula basis as determined by Risk Management. .-Y It goes into that fund and then the claims are paid out of that fund. A determination is made each year as to the expected claims that will be paid during that year, keeping in mind that the $24,000,000 includes a provision for what is called IBNR, that's incurred but not reported types of claims. In fx, ry. other words, it is based on experience. There really may not be any particular claim that has been made or known at this particular time, but you know that they are out there because things happen every day. So it does ' include an estimate of those. Now, to that extent, there would probably be no i 5�, requirement to be funded currently because they will be stretched out further :-47.1over a period of years. Mr. Plummer: Well, most of the dealings I've had with insurance in that area, x they have been funded in that reserve up to 50% and I'm concerned that we are only funded up to 20%. Ms. Brown: Well, speaking again to something that you in particular mentioned earlier, the amounts to be settled and the liabilities have increased rather dramatically over the past few years, not just for the City of Miami, but just the general climate itself, So that is really a policy decision to be made by the Commission, the extent to which you want to fund it out of the General Fund on a current basis, and that is to fund it beyond just what will be paid, let's say expected to be paid out within the next 12 months. Mayor Suarez: What is the amount expected to be paid out over the next 12 months from prior claims? Does that include, that's part one of my question, I guess, and part two is does that include the recent settlement, the $800,000 settlement? rt 163 May 7, 19$6 0 dw Mr. Garcia: I don't have a precise number on that, I would say it is between $12,000,000 and $15,000,000 for the next fiscal year, and that would include $800,000. Yes, sir. Mayor Suarez: Or the portions of it that are payable in the first year? Mr. Garcia: Well, the total amount that will be payable in the first year in the sense that we're buying an annuity and we have to pay that in advance. Mayor Suarez: I see. Was that accepted, by the way? I forgot. It was accepted. I should have known. Ms. Brown: Again, it is really a policy decision based on the facts and the financial information as to how much to be funded in any one particular year. Obviously, circumstances can indicate in any one particular year that a claim that was expected to be x-dollars becomes twice as many dollars, and then it is a question of negotiating the timing as to when the payment will actually be made, whether it will be paid over time, an annuity purchased or whatever the case may be. An annual actuarial evaluation is performed every year to come up to the expected liability amount on an actuarial basis which is where the $24,000,000 arose. That is an actuarially determined figure. Mayor Suarez: I would love to know the parameters by which anyone can guess at that in view of the changing circumstances and the changing law and everything else, but anyhow. Ms. Brown: There are several points, if there are no other questions on that, that I would just like to touch on briefly. The accountant's opinion that appears in the comprehensive report on page 17, for the first time in over ten years in the City, is a clean opinion. In other words there are no uncertainties, there are no qualifications as to departures from generally accepted accounting principles. So the City has made significant progress. Mayor Suarez: No pending lawsuits that have to be paid over the next 20 years? Ms. Brown: They have either been provided for, recorded or disclosed in the financial statements to the extent that they were known. So the City does have a clean opinion. Also, the financial report does include ... Mayor Suarez: Not necessarily a good opinion, but a clean opinion. Ms. Brown: It is a clean, in other words the financial statements of the City presently fairly the financial condition and the results of operations of the City. The other thing that I did want to mention is that the City has again received from the Government Finance Officers Association a certificate of conformance in financial reporting. That the City will be applying for one with respect to this report, and we fully expect that the City will get it. It is subject to a review. It is now called the Certificate of Excellence in Financial Reporting. The reason I mention it to you is that the combination of the Certificate of Conformance and a clean opinion should significantly enhance the posture of the City in the eyes of the rating agencies and the other public users of the financial statements. So we think that is important for you to focus on. The other important point is as a result of the settlement of the pension litigation which was relatively long standing, and other circumstances, the two pension funds of the City are now included in the financial statements of the City, along with the other entities for which the City has essentially oversight responsibility as defined for accounting purposes like Miami Sports and Exhibition Authority, the Off -Street Parking Authority and the Downtown Development Authority. So the pension plans are in here even though they have their own boards, but essentially are single employer planned in the financial responsibility of the City. We received the full cooperation of the City Manager, the rest of management and the personnel of the City during the conduct of the audit, all records were made available to us and we had no problems in that regard. We issued a letter of comments and recommendations which has been responded to by management. There are no particular comments to call your attention to at this time in terms of significance that need to be addressed specifically by the Commission now. We have continued to note improvement with respect to both the quality of the financial information and the timeliness for which it is prepared over the last several years. There are still some ways to go, but we have noticed significant improvement, and that has continued to be the rt 164 Kay 7, 1986 case. At the conclusion of our field work, and when the financial statements were completed in terms of draft form, we had several lengthy meetings with the City Manager to review the financial statements in a great deal of depth, and coming out of that meeting we are currently involved in a project of taking a look at the budget versus actual information for the six months ending March 31, 1986. Basically for two reasons: to really help management assess the impact of the changes, the reorganizational and the structural changes that have been made in the past six months and also as a basis for the budgeting process going forward for 1987, and that work is being done as part of the discretionary hours that we contribute each year with respect to the process as part of our engagement. We are available to discuss anything in detail with you regarding the audit process or the financial statements at your option, individually as well. Mr. Dawkins: Mr. Rodriguez, does the Charter dictate that this report has to be a public hearing? Mr. Manager, will you schedule this next time with the Mayor as a special meeting so that we will not have to hold up citizens here while we go through this? Thank you. Mayor Suarez: Thank you for the report. I don't know that we need to, in view of that suggestion, make a motion, but I don't think there would be any problem in making one. Commissioner Plummer, do you want to take the lead on j that? No? Then let's take a motion to defer or to continue the item until we j have had a complete evaluation. Mr. Plummer: That's fine with me. Mayor Suarez: Is that the thrust of your motion? Mr. Dawkins: I'll move. Mrs. Kennedy: If that's your motion I'll second. i� Mayor Suarez: We're going to want to ask more questions, I gather and either R .... I gave a note to one of my aides saying, who happens to be a C.P.A. saying "You understand all this, give me some sort of intelligible report on it," and I can imagine how difficult it is for all of us, I know how difficult it is. So we've got a motion to defer, continue. Second, moved and second- ed, please call the roll. The preceding motion to continue, introduced by Commissioner Dawkins and seconded by Commissioner Kennedy was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 1.- Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. x` ABSENT: None. Mayor Suarez: That's not to say that what you have reported so far is in any way not accepted, we just simply want to take a little more time. 61. APPOINTMENTS TO YOUTH ADVISORY COUNCIL. Mr. Plummer: Item 55, the group is here now that we ask that we defer to. Mayor Suarez: Oh, great. That is the Youth Advisory Board? Mr. Plummer: Item 55. Mayor Suarez: Who do we hear from? Do we just make our own motion? Everyone has their appointments? rt 165 May 7, 1986 �j k Mr. Plummer: Yes, sir, I have mine. Mayor Suarez: Do you want to read your nominations into the record, each Commissioner? That's the Youth Advisory Board. Mr. Dawkins: Oh, I have some changes. Mr. Mayor and fellow Commissioners and Madam City Attorney, under Section 4, organization of officers and committees, there seems to be some, I mean I've gotten reports from the members that it is more like a dictatorship in that the chairman wants to select his board himself and does not want the membership to elect this board. Mrs. Kennedy: Would the Chairman please stand and take the heat. Oh, not here. Mayor Suarez: Well, he may no longer be chairman after these appointments, you know. Mr. Rafael Garcia Toledo: My name is Rafael Garcia Toledo and we took care of this ourselves last night and the committee, we picked each individual officer. The chairman did not pick his cabinet, which we call a cabinet or his officers. Mayor Suarez: Well, after this board is now composed you can pick whatever chairman you want. You understand that? Mr. Toledo: I beg your pardon. Mayor Suarez: After this board is now composed, we have not composed it up to now. You can pick whatever chairman you want. Mr. Toledo: No. Well, we picked a chairman last night and we ... Mayor Suarez: No. Mrs. Kennedy: You're not a board yet. Mayor Suarez: You have an organization constituent committee, or whatever you want to call it, so you're free to choose whatever chairman you want. Does that mean another evening of long debates? Mr. Toledo: No, what was in the ordinance was that the chairman was to be ... Mayor Suarez: We haven't selected, let us not get into a legal argument unnecessarily here. We haven't selected a board yet, have we, Mr. City Manager? Mr. Plummer: No, that's what we're getting ready to do. Mayor Suarez: Right. Believe me, you're not going to win this point. Commissioners, do you have your appointments ready? Mr. Plummer: No, he is winning and doesn't realize it. Mr. Mayor, with undue influence, I nominate Dawn Plummer. Mr. Odio: Dawn Plummer? That's a conflict of interest. Mr. Plummer: You bet your bippy it is. Sam Ruiz, otherwise known as Samantha and Yleem Sarmiento. Mr. Dawkins: It looks like Dawn picked all three of yours. Mr. Plummer: You bet your bippy. Mrs. Kennedy: Gastesi, Jr. Mr. Dawkins: Mayor Suarez: Ramos. Mr. Mayor, I nominate Christina Moralez, Mary Jo Groso and Raul I nominate Jorge Alvarez, Peter Cunningham and Tony Hart. I have Rafael Garcia -Toledo, Nerville Jenkins and Margueritte rt 166 May 79 1986 Mr. Carollo: And I nominate Mercy Rodriguez, Mario de la Cuevas and Fausto Diez-Oliver, Jr. Mr. Plummer: Can I make an amendment now to the ordinance that they no longer can meet at my house? Mayor Suarez: Or in the alternative they must pay a fee. Mr. Dawkins: They can meet at the funeral home. Mayor Suarez: OK, we have the nominations in the form of a motion that all these 15 members be appointed by this Commission? Mrs. Kennedy: So move. Mayor Suarez: Moved and seconded and thirded and everything else, please call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-374 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI YOUTH ADVISORY COUNCIL FOR A TERM OF TWO (2) YEARS FROM THE DATE HEREOF OR UNTIL THEIR SUCCESSORS HAVE BEEN QUALIFIED AND TAKE OFFICE. (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. Mr. Dawkins: Am I to believe that what I have here in my hand, I no longer need to discuss it, is that correct? Mayor Suarez: Thank you, I hope you advise us correctly. 62. SCHEDULE PUBLIC HEARING FOR CODESIGNATION OF N.W. 23 AVENUE TO DON CARLOS DE LA TORRE Y HUERTA AVENUE. Mayor Suarez: Item 68. Mr. Odio: Sir, could we take item 77? Belle Meade people are all here waiting for it. Mayor Suarez: Well, Commissioner Dawkins had requested 68. Do you have any problem taking 70? Which is it? the last item? Mrs. Kennedy: I'd like to hear Commissioner Plummer on 68. Mr. Plummer: The same thing applies. A public hearing is in order and should be so that all residents of a neighborhood have the right to express their views. rt 167 Kay 7, 1986 Mayor Suarez: Make it into a motion, we'll take care of 68. Mr. Plummer: Who brought it up? I'll be glad to move it to a public hearing, but Mr. Odio: It is Commissioner Dawkins' item. Codesignating the Carlos de la Torre Y Huerta Avenue. Mr. Dawkins: To have a public hearing? Mr. Plummer: Yes. Also on the 22nd. Mayor Suarez: So moved, seconded, thirded, please call the roll. Mrs. Kennedy: Let me ask you under discussion, and please forgive my ignorance, but who is Carlos de la Torre Y Huerta? I've asked several people and I still don't have an answer. Mr. Plummer: You'll find out at the public hearing. The following motion was introduced by Commissioner Dawkins, who moved aits adoption: MOTION NO. 86-375 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO SCHEDULE A PUBLIC HEARING TO TAKE PLACE AT THE MEETING OF MAY 22, 1986 AT 2:30 P.M. REGARDING PROPOSED CODESIGNATION OF NORTHWEST 23RD AVENUE (BETWEEN 7TH STREET AND 11TH STREET) AS DON CARLOS DE LA TORRE 7 HUERTA AVENUE; FURTHER INSTRUCTING THE CITY t MANAGER TO NOTIFY ALL INTERESTED RESIDENTS. Upon being seconded by Commissioner Plummer, the motion was passed and 1 adopted by the following vote- ' rt AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. YY Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I'm glad somebody asked that question, I didn't want to be the one that asked. 63. ACCEPT COMPREHENSIVE ANNUAL FINANCIAL REPORT. Mr. Odio: Mr. Mayor, may I ask something, sir? We need to accept this report because we need to send it to Tallahassee right away to comply with the State law. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: That's the financial report? Mr. Odio: Yes, sir, to accept the Comprehensive Annual Financial Report. Mayor Suarez: Apparently, we have to accept the financial report so we can send it to Tallahassee to comply with State law. rt 168 May y+ M6 P y' Mr. Dawkins: So move. ki Mrs. Kennedy: It has been moved and seconded. r Mayor Suarez: Moved and seconded, please call the roll, hearing no further discussion from the Commission. Mr. Dawkins: Under discussion, I still want something in writing ... (INAUDIBLE, NOT USING MICROPHONE). Mayor Suarez: He still wants a summary, and I do too, that is a little more intelligible, please. Can we get that in writing? Mr. Odio: Yes, sir. Mayor Suarez: I was thinking of having them do it. Mr. Odio: Yes, we'll do it. Mayor Suarez: Yes, that's right .... In plain English, as close as you can get to it. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-376 A MOTION TO ACCEPT THE CITY MANAGER'S PRESENTATION OF THE CITY OF MIAMI COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1985. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote- 4.; AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins h Mayor Xavier L. Suarez NOES: None. ABSENT: None. 64. ACCEPT TRAFFIC CONTROL AT BELLE MEADE AREA. Mr. Plummer: Why don't we do 77 and 78? Mayor Suarez: 77 and 78, let's take 77 first so we can get these resolved. Mr. Odio: At the April loth meeting, the Commission requested that we come back with a plan to alleviate possible traffic programs that could emerge on N.E. 76 Street, as a result of the approved restriction of vehicular access to the Belle Meade neighborhood. We are presenting two options and I will clarify, the memorandum that I wrote has a mistake in it and I'll accept that, that I feel that the intention of the Commission was that we would pay for the improvements and the changes in that neighborhood, not them. Mr. Carollo: That's correct. Mr. Plummer: Have both of the options which you're going to discuss with us been discussed with the residents? UNIDENTIFIED SPEAKER: I hope so. Mr. Don Cather: Have the options that we have been discussed with the residents? Yes, they have voted for option 1, it is my understanding. There are representatives of the Belle Meade Association who can speak on that. a e,; I i Mayor Suarez: Do you want to briefly describe option 17 Mr. Cather: Option 1 consists of stop signs strategically placed throughout the neighborhood to cause the traffic, by having more stop signs in one direction than another, to divert it so that it goes up 76th Street where there is a 4-way stop and then because the tendency would be to disperse the traffic on a through street, N.E. 7th Avenue, they would take and use 7th Avenue to disperse themselves to 75th, 74th and 73rd and 72nd, because there would be no stop signs there. Mayor Suarez: 7th being the farthest or closest from Biscayne there? Mr. Cather: Well, this would be the closest to Biscayne. Mayor Suarez: Persons coming into the neighborhood, OK. Mr. Cather: Coming into the neighborhood, and then they could still go straight but they would have to stop again at 6th Avenue. So the idea is by putting stop signs throughout the area this would disperse it to more extent than it is now. Mr. Plummer: What you're saying is put 4-way stops on everyone of those intersections? Mr. Cather: No, sir, I'll show you the plan here, if you don't have a copy of it in your folder. It should be in your folder. Mr. Plummer: Well, what I'm looking at is you're only showing a 4 way stop on 7th Avenue and 76th Street. Mr. Cather: That's correct. Mr. Plummer: What about 7th Court? Mr. Cather: 7th Court there wouldn't be any stop signs except for the cross traffic. Then you would have another stop sign if you were going north at 6th Avenue. Each one of those little lines represents a stop sign. Mr. Plummer: Are any of the people here from 76th Street? One gentleman, a die heart. What would be the problem of putting likewise at 7th Court? Their concern, and rightfully so, was the speeding traffic on that street. Now, since it is the only street open, what would be wrong with doing 4 way stops at 7th Avenue at the three intersections which are vitally concerned? Put 4- way stops. Mr. Cather: That's fine, whatever they want. We had suggested a traffic diverter instead, but they voted for this plan. Mr. Plummer: What is a traffic diverter, what do you mean? Mr. Cather: An actual physical divider to make them turn as in option 2. Mr. Plummer: But are the people on 76th Street, if you were to make 5th Court or 6th Court, 7th Avenue and 7th Court all 4 way stops, don't you feel that that would take care of your problem? Mayor Suarez: At least it discourages people even more from using 76th Street as a thoroughfare and taking the side avenues to where they're going. Mr. Cather: The first effect it would have would be that at 76th Street at the first 4-way stop they would take a right, go over to 75th Street where you have no stop signs at all, and speed up that street. Mayor Suarez: Well, he's saying if that works for one intersection it works even better for three. Mr. Plummer: Yes, but wait, Don. Mr. Cather: When you get too many of them then they just ignore them completely. rt 170 May 7, 1986 Mr. Plummer: Yes, but there was never any intention to divert the traffic to r speed up 75th Street. 7} Mr. Cather: No. Mr. Plummer: OK. Well, that was your comment. Mr. Cather: Yes, but that is what would happen if you put too many on 76th. Mr. Plummer: OK, I think , you know, my concern at the last meeting was for the people on 76th Street, because that is now the only open street. So I a would ask the people of 76th Street to address the issue if they feel that ;x this helps out their concern. Mr. Winston Nice: Mr. Mayor, Commissioners, my name is Winston Nice and I + live over on Belle Meade Boulevard which is an extension of N.E. 76th Street and I sent you all letters a while back, I hope you've received them but perhaps not, I wonder if I could pass out additional ones just to refresh your memory a moment here. The red circles indicate intersections which in my opinion are extremely dangerous. (1) The intersection of the bridge road at Belle Meade Island, that's 9th Avenue and 75th Street and 76th Street converging, is one in which the neighborhood people innocently, carelessly fail to honor the existing stop signs which control traffic coming off the bridge and off of 75th Street. In other words 76th Street presently is a through street at that point. I would like to recommend strongly that, that be an all way stop for all traffic. Mayor Suarez: You're talking about the intersection of Sth Avenue and 76th Street. . Mr. Nice: And 75th Street, you see, 75th and 76th converge to a point there and the bridge road. Mayor Suarez: OK, then that's where the bridge comes in that you're talking about. Mr. Nice: Right. That. in my opinion... Mayor Suarez: There's no 4-way stop there? Mr. Nice: No, there is a two-way stop at the present time controlling r traffic off the bride and traffic off of 75th Street. Man of the g Y people there, they tend to run that stop sign and I have been nearly collided with t� several times even though I had the right-of-way coming up 76th Street, I would still be dead right, and I would prefer to be inconvenienced a little t bit myself, and I'll be forced to stop because I live further east on 75th Street which is Belle Meade Boulevard, but I would rather be inconvenienced and not have a passenger of mine or an innocent child in another car get killed by my heavy car just because I was in the right, but nevertheless collided with a car that ran a stop sign. Mayor Suarez: Do you have any problem with Commissioner Plummer, suggestion that 4-way stops be placed at all the intersections on 76th Street including the one that hits the bridge there and all the other ones? Mr. Nice: No. I have no problems with any 4-way stop signs, because even if the one person fails to honor his stop sign the chances are the other person will honor his. Mayor Suarez: It is going to take you a while to get home. Mr. Nice: Well, that's all right. I'm willing to make the sacrifice in time if we can save some injuries or avoid a crippling injury or a life being lost. Mr. Dawkins: Well, this is an experiment so what's our problem? Mr. Nice: The other point I'd like to make is that yield signs are terrible. I think yield signs just tend to be disregarded entirely. There is a problem with the intersection at N.E. 74th Street and 8th Avenue. If you don't have an east/west controlling stop there you will tend to get a long shot all the way from 7th Avenue, all the way through to Belle Meade Boulevard on the east rt 171 May 7, 1986 where there might be some speeding, and it is normally a quiet street, but now _ we notice more traffic going east west there. The other bad intersection, the second worst intersection in the subdivision is the one at N.E. 8th Avenue and 76th Street. It is sort of a dog leg, a 300 angle to the right. Mr. Plummer: Well, look, let me try to short circuit it if I can. The intersections that you have outlined in red, my suggestion would be to make them 4-way stops. Mr. Nice: Beautiful. Mr. Plummer: Then up here at 6th Court, 7th Avenue and 7th Court, make them 4 way stops on 76th Street. Mr. Nice: I think you would alleviate a lot of hurt feelings by doing that. Mr. Plummer: Nobody is opposing to it, everybody is in accord which is what we tried to do. Mr. Dawkins: That's right. Let's go. Bye. Mr. Nice: I thank you very much gentlemen for your time. Mr. Dawkins: I move it. Mayor Suarez: I think your suggestions are well taken and will help in a bad situation for 76th Street residents to reduce that bad situation. Mr. Plummer: ... for 4 way stops. The three would be N.E. 7th Court, 7th Avenue and 6th Court would be 4-way stops. This one, this one and these three are these that he added. ... trying to help them out. Mr. Dawkins: OK, in the resolution, I talked with the Law Department, and it said that no objection to the permanent restriction of vehicular access to Belle Meade neighborhood. Madam City Attorney, can we strike the provided that access for emergency vehicles be allowed at all times because we're going to allow them at all time anyway, so we don't need that I don't think. Mrs. Dougherty: If the Public Works Department says we don't need it, we don't need it. Mr. Dawkins: The Public Works have said it is all right, the Sanitation Department and the Fire and Police Department. Mrs. Dougherty: It's fine with me, we'll amend it. Mr. Cather: When the Sanitation Department, the Police Department and the Fire Department were asked whether they had any objections to the permanent closures, the sketch accompanying that showed emergency access through the permanent enclosures. Mr. Dawkins: Provided that access for emergency vehicles be allowed, I mean we already said that they must be allowed at all times. What is the problem? Mayor Suarez: Let's just get a clarification here. You wanted a clarification? Go ahead and state your name. Mr. George Garcia: George Garcia from the Belle Meade Homeowners' Association. I live on 72nd Terrace. In the original resolution for the trial period there was no provision for emergency access. The evaluation of the different departments were based on that trial period. The copies that they were given had the barricaded streets, so I don't understand how they could have assumed that there would have been emergency access provisions for each individual street. Mr. Odio: Excuse me. We have to have an emergency access. Mr. Plummer: For the people, what do you do if you had a real catastrophe in there? Mr. Garcia; You ride over the curb in that case. rt 172 May 7, 1986 0. ,t K Mr. Plummer: I'm concerned for the people that are in favor of this thing. ` what do you do, God forbid, if an airplane went down in there. Now, you know, Pat Skubish talks about the six sea gulls but I'm talking, it is a reality of "ta life if a disaster occurred you living there would only want one opening? Mr. Odio: No, we can't have it. J Mr. Garcia: The majority of the residents voted that way because at one meeting, a general meeting that was held the item was brought up and the residents voiced their philosophy on it and the statement was from one of the home owners that all of the new developments within the City are being designed with one entry and exit point. Mayor Suarez: Well, how physically does it look if you have the obstruction, the island there and you have emergency access? I don't ... How do you block out the other people who are not emergency vehicles? Mr. Cather: Well, the other people, the illegal people would have to go through bushes to get through there whereas a fire truck would just ride over e j that curb there and over the median type of thing you would put in the street. Mayor Suarez: It is built so that ... Mr. Cather: It is built so that you can put a car through there, but they i have to have, if another car did it they would have to go through bushes and - t grass to do it. But in an emergency we wouldn't hesitate to do that. Mayor Suarez: Is that built into the design as it now is envisioned? Mrs. Kennedy: Could we see the design of that, Don? Mr. Cather: I don't have the design with me, but they submitted it to us and we could get it to you very easily. FMr. Nice: Excuse me, Don. One final word, if I might. I've stressed in my ._ letters to you that the City, I believe, is leaving itself open to horrendous liability, if they leave only one bottleneck possible street entrance on a narrow street like 76th Street and 6th Court and 7th Avenue. 1 Mayor Suarez: We've got all kinds of neighborhoods like that in the City of r Miami. Mr. Nice: I know, sir, but Bay Point, for example, has four lanes wide plus an island. We're talking about a narrow street here, and if Mr. Cather's plan isn't followed where you can have a way of traversing in emergency. Imagine a fire in that one critical block with hoses laid and emergency vehicles all over the place, and now you have a man down in the other section who has a heart attack or a drowning, a child drowning in a pool and you can't get through to him, that would be criminal. Mr. Dawkins: Are you going to put blockades that can be moved, is that what we're saying, for emergency vehicles to get in? Mr. Plummer: Well, from what I see here of this drawing, there is no question a police car could run over it. Mayor Suarez: Yes, the idea ... Go ahead, sir. Mr. Plummer: Hell, we're going to have a hard time stopping them from running over them. Mr. Richard Raymond: Mr. Mayor, my name is Richard Raymond. I live at 819 N.E. 72nd Terrace. I have been involved with this project, I am an engineer and planner, and have looked into it and probably did some of the designs that you all have seen. As far as the question of emergency access for vehicles, we did the three months trial program with the fire and police looking at it for permanently closing off the streets. There will be less of a barricade on a permanent program that what exists today. Our permanent program consists of a six inch curb with a landscaped island, approximately 25 foot wide. It shouldn't be hard for any kind of vehicle to traverse it, we've actually seen rt 173 May 7, 1986 a 1 S iY V Ora°tiC4r, ._. 4 SV 4 some police cars go over the curbs and around our existing barricades during the trial program. So as far as emergency access, it can be there. I did a timing run, and if a vehicles travels at 30 miles an hour to the farthest point we're only talking about 45 seconds. - Mayor Suarez: Technically, the simplest thing you've got to make sure you do is that you don't have a lot of those little palm trees that can stop a i vehicle possibly, you'd better design it so that they can go over bushes and grass and whatever else and curb. ^" L , Mr. Raymond: We'll do some landscaping and keep it open, we'll make it i k' visually look like it is closed but still be able to. I'd like to just point out something on stop signs. As you have seen in your option (1), N.E. 8th Avenue has stopsigns running north and south at ever street. g g y We currently have that today, and we have a problem because people do not stop. By putting Pg stop signs all along 76th Court, I think you're going to run into the same problem. My only recommendation is that we proceed with the 4-way stops at all the intersections that you mentioned with the exception of N.E. 7th Court, because there is zero to very little cross traffic in that area. The big problem is N.E. 8th Avenue, and 76th, and putting then at 7th Avenue and 76th l will I think, disperse the traffic by allowing 7th Avenue to be the north south access. k { Mr. Plummer: All right, how about taking the stop signs out and putting a speed bump in? Mr. Raymond: Fine by me. a Mr. Cather: We'll have to change your ordinances, Commissioner Plummer. Mr. Raymond: I would love speed bumps. Mr. Gather: You'll have to change your ordinances, it is against the law to put in speed bumps on public streets. i Mr. Raymond: That's what I understood the problem, that's why we didn't = 7 recommend it, I understood it was against the law. Mayor Suarez: Why don't we try it with stop signs. Mr. Plummer: I tell you what, let's put the stop signs in until we change the ordinance, and let's go ahead and change the ordinance. Mr. Cather: Fine. Mayor Suarez: Do you want to exclude now from the 4 way stops that one intersection of N.E. 7th Court? Mr. Plummer: No, leave it in until we change the ordinance. Mayor Suarez: We're leaving it in. Mr. Dawkins: It is an experiment, let's leave them in there because we may find that we're going to take one out or add one. We're still experimenting. Mr. Plummer: It's going to stay as it is until the ordinance is changed. Mayor Suarez: You know, I can see the possibility of having to adjust the design a little bit to allow a little bit of a ramp affect for emergency vehicles if that ever becomes a problem. Mr. Raymond: The problem with a ramp, we were looking at a depressed curb like you have in a driveway, the only problem is you're opening it up to everybody else. Mayor Suarez: We know the problem, I'm just saying that if we begin to have catastrophes or situations where they really need to go through there and these bushes begin to prevent the access and all that I can just see that possibility. But anyhow, for now, it is worth a try. Commissioners, any further discussion? We have a movant and a second on the modified plan? Mr. Dawkins: Move it. rt 174 May 7, 1986 =1 Mr. Plummer: Second. Mayor Suarez: Moved, seconded. Any further discussion from the Commission? -` j Mr. Plummer: No, I'm the designer. Mayor Suarez: Yes, you really have to be a traffic engineer to be on this 1 Commission now it seems. Call the roll, please. The following motion was introduced by Commissioner Dawkins, who moved } its adoption: 1 MOTION NO. 86-377 A MOTION ACCEPTING VARIOUS RECOMMENDATIONS MADE BY NEIGHBORS OF THE BELLE MEADE AREA IN CONNECTION WITH VEHICULAR TRAFFIC CONTROL; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTALL FOUR-WAY STOP SIGNS AT EVERY INTERSECTION ALONG 76TH STREET, AT THE - INTERSECTION OF THE BRIDGE ROAD (9TH AVENUE); AND ON ! 8TH AVENUE AT A POINT WHERE 7TH STREET AND 75TH STREET ! CONVERGE UNTIL SUCH A TIME AS THE EXISTING CITY } ORDINANCE IS AMENDED TO ALLOW FOR THE WITHDRAWAL OF STOP SIGNS AND THE INSTALLATION OF SPEED BUMPS. ' 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 kt NOES: None. ABSENT: None. t - 65. ACCEPT PUBLIC WORKS OPTION NO. 4 FOR CRIME AND TRAFFIC PROBLEMS IN THE BAY HEIGHTS AREA. Mr. Odio: Mr. Mayor, Commissioner Plummer and I met the other day with the residents of Bay Heights. They indicated they were having problems with the crime situation they have there and also with the excess traffic that is created by people driving through Bay Heights trying to avoid traffic on South Bayshore Drive in the afternoons, and also people driving through from U.S. 1 through Halissee to get into Alatka to exit S. Bayshore Drive, and then also driving through Tigertail which is every day in the excess, I believe the last count we had was 400 in the morning. 400 an hour, I'm sorry, on Tigertail. Mr. Plummer: No. Tigertail no, if you're talking about the intersection of Tigertail and Halissee, the last .... OK, let me give you the other one because I think it is more startling. The one at Tigertail and Halissee. when they did the traffic count I think about a year ago or more, there were three cars shy of 3,000 in a 24 hour period. Mr. Odio: And that is a neighborhood street. It was not designed for this kind of traffic and, therefore,, we gave a few alternatives to the neighbors on what we could do to alleviate this situation in the north Grove area including Bay Heights which is Natoma and the Bay Heights area. And they accepted our option No. 4, I believe, and if you want, Don Cather can explain option 4 to you. Mr. Plummer: Can we have a copy of option 4? closing up at Halissee and Dixie? Oh. what happened to the I Y t rt 175 May 7, 1986 Mr. Odio: As I understood, Halissee would be closed to incoming traffic and r'1 closed to outgoing. xxa C , Mr. Plummer: It doesn't show here. Mr. Odio: Well, then the draftsman forgot to put a line there. As I �`- understood the option ... Mr. Plummer: Say it again. f' Mr. Odio: It would be ingoing from U.S. 1 into Halissee would be closed. Outgoing would be open. Mr. Plummer: But outgoing would be permitted. Mr. Dawkins: J. L., you can't vote, this is a conflict of interest. Mr. Plummer: Like hell. No, this is not a conflict of interest, this is a vested interest. As I told the people at the meeting the other the night at Glorified, OK? That I not only stood there as a concerned Commissioner, but I stood there with them as a concerned resident because I suffer the same pain that they suffer. I don't suffer, thank God, quite as much crime as they s. suffer, but we still suffer the same. Mr. Odio: And what we learned from the Police Department, that the crime that is being committed are always the houses near the traffic lanes and near U.S. 1 and Bayshore Drive because they have a fast access to I-95, and if we create a maze in there where they cannot drive out so fast ... Mr. Dawkins: What do you need on this? We're trying to go home, what do you need on this? s � Mr. Odio: I just want you to accept the plan, J if you would. Mr. Dawkins: I move that we accept it. Y Mr. Carollo: So move r UNIDENTIFIED SPEAKER: Can I make a statement? 4 F Mayor Suarez: At the risk of losing your momentum, yes. It has been said many times today. _ Mrs. Kennedy: There is another interested party. Mrs. Nancy Benouaich: My name is Mrs. Nancy Benouaich, president of the Bay Heights Association. Through the efforts of the City Manager, Mr. Odio, Mr. Don Cather, Sgt. Webb, Officer Estrada, Commander Gibbs, Chief Dickson and Commissioner Plummer, working with myself and our board of directors, we have decided on three different points of attack on the problems of crime and traffic in our area. First, our residents have voted to accept Option 4 from the four options presented by the Public Works Department. We must say that though we are accepting this plan it is with the provision that U.S. 1 and Halissee will remain open to exit or to enter. Now, this can be changed to enter and can be, is what the plan is. Mr. Plummer: Well, you've heard the Manager, and what he is stating is that you can get out of that intersection, but you can't get in. Mrs. Benouaich: Yes, we will agree with that. Overall we do not feel that this will solve the traffic problem, primarily at the rush hours, but we are willing to try your plan with the provision that if it proves unsatisfactory we will be able to return with a petition at any time, but not less than 30 days after being instituted. Second, that a traffic light at Semana and S. Bayshore be installed to work at rush hours. If the timer can bee set to go on between 7:30 A.M. to 9:00 A.M., and from 4:00 to 6:00 P.M.. with a green arrow underneath noting straight only. If at all possible, we would like the light to work Saturday and Sunday between 9:00 and 11:00 A.M., due to the Rickenbacker Causeway traffic. If it is impossible to do the latter, then the weekday schedule will be fine for the complete week. Thirdly, that our problem of crime be addressed with all urgency and strength. At our Bay rt 176 May 7, 1986 Heights Association Meeting, Chief Dickson said, "give us a chance to do our job". I must say, Mr. Commissioners, that the following day Mrs. Kennedy: Excuse me. Mr. Commissioners? Uhs uh. Mrs. Benouaich: I'm sorry, Commissioners, that should cover it. That the following day after these words were spoken by Chief Dickson, the day officer was beeped and the message was to return his car to headquarters because they were short vehicles. This occurred at 2:00 P.M. and his shift wasn't to end until 6:30 P.M. I must implore you, not only as Commissioners but as caring individuals that the Police Department needs more cars and more men to do their job the way they want to do it. We need protection for our families. We cannot even get in our homes from our cars after dusk without being mugged in front of our own homes. We need patrols and we need them now. Just this past Monday night, our board of directors were meeting on tonight's presenta- tion and at 9:30 P.M., just 20 minutes after the meeting ended, Dr. Elena Martinez was mugged in front of her own home as she was returning home from 4 the hospital. Not only was her purse stolen, but the keys to the doors of her home and her watch was taken. The scariest of all though was the violence that was shown by her assailant. When he kicked her repeatedly in the chest IIh when he couldn't get the chain from her neck. All this happened as the two accomplices waited in the get away car for the assailant to complete his attack. At this time I want to thank Dr. Elena Martinez for coming tonight to J show her support for what we were trying to do, even though she is coming It tonight with a fractured vertebrae as a result of Monday night's attack. And this is only three days ago. If attacks continue on our residents we will be forced, as have Palm Island, Hibiscus Island and Miami Lakes, to mention just a few, to form a special taxing district through Metro Dade, whereby the cost of a security patrol will be automatically billed to our residence through J our property tax bill. The problem with this plan will be that it takes six to nine months to be instituted. What are we to do those months while we are working on this? We would have liked to hired an off -duty police officer to cover our area, but that has two problems, one that it can't be guaranteed 5 that a vehicle will be available to the officer was the case of the on -duty shift officer and (2) we're afraid of the liability and insurance for the policeman as stated in the indemnity and "Hold Harmless Agreement." We don't believe we should have to pay insurance. For example, if an officer goes to the grocery store on his off hours and robbery occurs, he is obligated to act as a licensed officer and use his gun if necessary, even though he may be off - duty. I must ask why should you cut down on an officer's income by using this "Hold Harmless Agreement" over his head like an ax? Isn't it better that you open his opportunities for income than to cut them and force him into other means of income other than one that complements being an officer? You're forcing his back against the wall. You must understand how desperate we are at this time. In the beginning, we started out addressing the problem of traffic through Bay Heights, but due to the steadily increased and violent crimes, we are now placing our full powers behind finding a solution both physically and economically with whoever will help us. We are coming to you first because of the vested interest we all share in this area. Why can't rt'}y''. something be put into the City's bylaws to the effect that when communities come up with a problem such as our's and are willing to pay more for the extra 24 hour security,, you will handle it much as does Metro Dade, by billing of the residents through their tax bill? Because we do have a problem as with any community that of collecting the money for a security company. So this way with Metro Dade the way they do it 50% of the voters, if they agree, through their procedures, that's not the only thing, that the only thing is that it would go through if 50% voted on this. We are hereby offering our- selves as an experimental case. We are willing to work with you, the Police Department or any other department you deem necessary, whether newly instituted or not, but please, we need your help to our problem of crime now. We don't want to wait until someone gets killed in an attack before something is instituted. One last comment. We would like to make to the Commission, is to thank the efforts of Sgt. Webb and Officer Estrada for apprehending two males yesterday in the act of perpetrating a break and entry within two blocks of our neighborhood. These officers are doing their homework for our neighborhood, and we want you to know that we appreciate it. Thank you for your time, attention and the extra patrols that you are placing in our area, especially since this last attack. I don't mind telling you that the peace of mind it gives us coming into our homes now with these new patrols is a feeling that we won't give up easily. Thank you. rt 177 May 7, 1986 Mr. Plummer: Nancy, just for the record, if you know, because I think it is interesting to note, did Sgt. Webb tell you how long that individual he apprehended yesterday had been out of jail? Mrs. Benouaich: No. Mr. Plummer: One day. And he was in on burglary. Mrs. Kennedy: Mr. Mayor, could I ask all the residents of the area to stand up? Oh. OK. Mrs. Benouaich: And this is Dr. Elena Martinez, the one that was attacked on Monday night. So we are just more or less asking for more protection, but please, if we can work together to get something instituted we don't mind paying a little bit more, and we don't mind having police protection, and we're willing to pay for it. Mayor Suarez: OK, that particular proposal is not before us. I believe we're interested in considering it. I've never seen the County ordinance on that, and I'd be very interested in seeing how we could work that in. We do have some other proposals that are before us, Mr. City Manager, do you recommend these? Mr. Plummer: What are you recommending, Mr. Manager? Mr. Odio: Option 4 as accepted by the neighbors to test trial for 90 days. Mr. Dawkins: And I moved it, and it was seconded and I call the question. Mayor Suarez: OK. Mr. Plummer: What did you do on Micanopy? Mr. Odio: That's included in the plan. Mr. Plummer: That's included in there? OK. Mr. Carollo: I understand there is a motion and there is a second on it. Mayor Suarez: Moved and seconded. Hearing no further discussion from the Commission, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-378 A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATION IN CONNECTION WITH CRIME AND TRAFFIC PROBLEMS IN THE BAY HEIGHTS AREA, AS MORE FULLY OUTLINED IN OPTION NO. 4 PREPARED BY THE DEPARTMENT OF PUBLIC WORKS AND DIS- CUSSED BEFORE THE CITY COMMISSION ON THIS DATE. 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. rt 178 May 7, 1986 0�— 66. GRATITUDE TO PAN AMERICAN AIRWAYS FOR DONATION OF HISTORICAL AERONAUTICAL ARTIFACTS TO CITY. Mayor Suarez: Item 69. I'm not sure what report we're going to get from the Waterfront Board. Is there anyone here from the Miami Waterfront Board? Mr. Henry Givens: Yes. Mayor Suarez: Oh, I'm sorry, Henry, I didn't know you were involved in that. Mr. Plummer: You're on the Waterfront Board? Mr. Givens: I'm chairman. Mayor Suarez: You're everywhere. Mr. Givens: Not really. My name is Henry Givens, my address is 1495 N.W. 3rd Avenue. I'm the new chairman of the Waterfront Board, and as of the last meeting there was at least one additional appointment that should be made, and also the two alternates that should be appointed by the Commission. I would like to remind the Commission that there are no women that are serving on that Board at this time. Mayor Suarez: There are no women? Mr. Givens: No women on that board. Mayor Suarez: Oh, my Lord. Do you have any idea whose appointments they are? Mr. Givens: It is Commissioner Carollo's appointment for the opening, and I guess it is the Commission appointment at large for the alternates. Mayor Suarez: I'm sorry? Mr. Givens: Commissioner Carollo is the one that has the opening, the appointment on the Waterfront Board. And there are two alternates. Mr. Dawkins: We don't have any ladies at all? Mr. Givens: No ladies at all, sir. Mr. Dawkins: And you've got two alternates and one opening. Mr. Givens: Right. Mr. Dawkins: So we could put a white, a Latin and a black female and we'd have them all, huh? Mr. Givens: You'd have it made. At this time, I would like Captain Price from Pan American World Airways, retired from Pan American World Airways to come forward and make a couple of announcements as it relates to the historical documents that Pan American has given us. We have requested of the Commission ... Mayor Suarez: We were looking for a space and I keep thinking of that little terrace that we have up there could be made in some kind of a glass bubble, and I always think that that might make a nice repository for them, but the City was supposed to get back to us on that and they never have. Mr. Givens: OK, we're .also requesting from the Commission a resolution so that we can present to the Chairman of the Board of Pan American Airways who will be holding their stockholders meeting in Miami on May 13th at the International Hotel, Mr. Plummer: Mr. Givens: A resolution pertaining to what, Henry? In gratitude for the historical documents that they gave us. rt 179 May 7, 1986 Mayor Suarez: So moved and second? `tMr. Plummer: Move. y Mr. Dawkins: Moved and seconded. Any more discussion? Mr. Plummer: Whoa, there is discussion, because as I recall before, there could be created a problem for storage. Where are those going to be stored? Mayor Suarez: The City hasn't gotten back to us on a place yet for storage, we're just thanking them for the offer. Mr. Jack Eades: Yes, sir, we're going to store the items. We've informed Pan r, American that we will store the items. Mayor Suarez: You have? You haven't informed us. Mr. Eades: Yes, sir, I believe we did. -� Mayor Suarez: Where is it going to be? Mr. Dawkins: Homestead Air Force Base. Mr. Eades: No, sir, we have a City warehouse that we can store that in until a permanent display location. Mayor Suarez: Until we can find a place where they can be displayed and so on? Mr. Eades: Yes, sir. Mr. Givens: On the 12th. when the stockholders, they're meeting on .the 13th, _.,._.._ on the 12th we are bringing out ... Capt. George Price: I'm George Price, I live at 100 S. Prospect Drive. We have received from Pan American 3,000 cubic feet of museum material. It is now in storage and the project that we're talking about, we started talking about it about three years ago. We knew that nothing really would be accomplished unless we really had some things of great historical value and so forth, we now have them, they were sent down to us at no cost to us, they cost the company I think $9,000 to send the stuff down. It is all here, and it was suggested that some part of the City of Miami would like to express its, whatever you want to call it, appreciation and in time to be able to present it at the stockholders meeting which is being held here in Miami this year at the ... Mayor Suarez: Absolutely. It has been moved and seconded, and we'll take a vote on it if you'll give us a second here. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-379 A MOTION EXPRESSING THE CITY OF MIAMI' S GRATITUDE TO PAN AMERICAN AIRWAYS FOR ITS DONATION OF HISTORICAL AERONAUTICAL ARTIFACTS TO THE CITY OF MIAMI. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the 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 t N Capt. Price: Thank you very much. Mayor Suarez: And if you get an estimate of how many square feet or cubic feet it would take to display it, that's what we're interested in too because just having them stored away is no big deal, that would be very helpful to us in trying to find a location. Capt. Price: We'll work on it right away. h Mayor Suarez: We really appreciate it because it could be a fantastic exhibit. Mr. Givens% One closing comment, that if those documents are placed anywhere here in City Hall it would be one of the first places ... Mr. Dawkins: We don't have enough space here. Mr. Givens: No, I'm just saying that anywhere in this entire area, it would be one of the first times in history where the historical documents are located where that history had actually taken place. Mayor Suarez: Where they were created. Thank you very much, Captain. 67. DISCUSSION OF POLICE SUBSTATIONS. Mayor Suarez: 73. Mr. Plummer: What is the discussion? Oh, I know what it is, that these guys understand what we understand. Mr. Dawkins: Mr. Manager, I'm very, very angry that we have not broken ground for the police station, and I'm going to read here for the Manager the letters that were written by Joseph Middlebrook. One is dated May 6, 1986. It says, Miss Juanita Shearer, re: North District Police Station. Relative to your ..� request of April 5th, 1986, to effectuate cost reductions I have again reviewed the program and the buildings and do not see a way to significantly reduce construction budget without altering the program. Then it goes on, I got another one, April 24th where it's the same thing. Now, I'd like to know from the Manager why in the hell was it requested to reduce the cost when I 4 raised sand to get it up there. Now that's the first thing I want to know. Mr. Gilchrist: Yes, sir. We were trying to keep the cost within the $5,000,000 budget allotment. Mr. Dawkins: No, no, no. OK? Per your request, I don't see how the project can be reduced to $3,535,000. That doesn't say a damned thing about $5,000,000. Mr. Gilchrist: No, sir, the construction cost is not the entire $5.000,000, there are other fees and other costs in there. It was an attempt to get the entire... Mr. Dawkins: Let me say I asked that this be placed on the agenda, Mr. Mayor, I mean Mr. Manager, I'd like to know when you're going to break ground, period. Mr. Gilchrist: Sir, the schedule which we had submitted earlier is that we would advertise for bids during the month of August and August 7th is the actual date, and allow construction to begin in September. I think it is September 12th. And we are on track with that, I think Mr. Middlebrooks is here tonight too and he is just about at the stage to begin working drawings on it. Mr. Dawkins: Well, what is the hang up, I mean do we have, you have everything ready to go out for bid? Mr. Gilchrist: Pardon? rt 181 May 7, 1986 A 151 yfi �7 f Mr. Dawkins: Do you have everything ready to go out for bid? Mr. Gilchrist: On August 7th we will. �hT Mr. Plummer: When is this Commission going to see what has been proposed? Are we going to have to find the gymnasium and the stables and the parking structure and all of that out on our own? ,1 Mr. Gilchrist: We can bring that to the next Commission Meeting. We have made individual visits to all the Commissioners with the drawings on that substation. Mr. Dawkins: Ok, let me tell you people. Mr. Plummer: I'm talking about both substations. Mr. Gilchrist: Yes, sir, we can do that, we're working with the architects to get, I believe Mr. Middlebrooks now has a model and we could be prepared at - the next Commission Meeting. ,i Mr. Dawkins: Mr. Middlebrook, come to the mike, sir. You've been working with these two groups. Do you think that you have everything ready to go out to bid? i :1 Mr. Joseph Middlebrook: Do I have everything ready right now? h Mr. Dawkins: Yes. s Mr. Middlebrook: No, we don't. Mr. Dawkins: Why not? Mr. Middlebrook: Well, we had received instructions to proceed I think the last time I was here, and we received a letter not to do that. Mr. Dawkins: Received a letter not to proceed? Mr. Middlebrook: To complete the drawings, yes. Mr. Dawkins: Why did he receive a letter not to proceed? Mr. Gilchrist: I will let Juanita explain that, but we're trying to get the design correct, and we're trying to get it done within budget. That is basically the answer to that. Mr. Plummer: Look, even Miller Dawkins has said, and emphatic for both, not Just one, that it's got to come in under budget for $5,000,000. We're still telling you that. What I think we're telling you is your design must be cockamamie if you're fact going to run over budget. Mr. Gilchrist: No, sir, we're not, but it is a struggle to get down right to the budget with the process. Mr. Plummer: No, it is not a struggle. Mo. The struggle is when you start putting stables, and you start putting gymnasiums, and you start putting parking structures which this Commission never told you to do. You see, I told you before and I'm going to tell you again. The worst thing to do is to give them a dollar figure and let it run. OK? This Commission to this day not one of us knows what those structures are going to be. And how can we sit here in judgment after you go through drawings and say to this architect, "You didn't do it within budget"? Mr. Gilchrist: No, sir, at this point it is called design development, and he has run budget numbers on design development. Before we authorized him to go with working drawings we have to know that it is in budget, and that is what has been taking, it's not taking time, we had allowed time for this and we're on schedule with it. Mr. Dawkins: I'll tell you what, Mr. Manager, if this isn't ready to go out on the 26th of June, then when budget time comes I'm going to be trying to see whose budget I can hold up and see who we can get rid of. rt 182 May 74 1986 { J fi � li t Y + r cry. g �f T Mr. Gilchrist: I certainly would be willing to accept that, sir. L Mr. Dawkins: Because I'm tired of people knocking on my door telling me they voted for, they passed a bond issue, and that this is supposed to be done, and you guys keep telling me that it is Joe's fault and Joe keeps saying you { didn't give him a letter to proceed, and it is my fault because I say you've = got to see that Joe got the drawings right. Mr. Gilchrist: Sir, I did not tell you that it was Joe's fault. I didn't say that. Mayor Suarez: Take some big scissors and get this thing done right and quickly by June 26th.; Mr. Dawkins: On the 26th you guys are to bring us something in here. j Mr. Plummer: Well, let me tell you also what I want. Joe, I want you to come back and tell this Commission truthfully if you feel that there are things in there that can't be afforded. Not now. Mr. Middlebrook: No, we are within the budget. I think the overall concern.' well. I'm not certain what the overall concern is but we are within the budget. Mr. Dawkins: Now wait Joe, I hate to cut you off, you say you're in budget. 3ti a they say you're not. - a Mr. Gilchrist: No, we are now, you know, this has been a process that is - going on. We were taking things out in this last few weeks to make it work. Mayor Suarez: How can the process take so long, John? Mr. Gilchrist: We laid out a schedule, we're on that schedule, Mayor. Mr. Dawkins: I beg your pardon? Mr. Gilchrist: We laid out a schedule that we are on. Mr. Plummer: The City doesn't have to worry about profit. A private developer would have been done over with and they would have been on the Riviera enjoying their profit. Mayor Suarez: The carrying costs, yes, the carrying charges. Mayor Suarez: Do you want to make that in the form of a motion? Mr. Plummer: Mental midget mentality thinking. Mr. Dawkins: Is there any way I can get something back here on the 26th? I don't want to ... Mr. Gilchrist: You can't have working drawings that are ready to bid to construct, but we can bring the project in at any time and show you where it is at that stage. Mr. Plummer: Well, I'm telling you I want a set of those plans, and I'm going to surrender them to a friend of mine, and I'm going to find out if there are things in there that are other than necessity. OK? and that is in both projects because I am not going to sit here and allow them to have the luxuries that they want, we're going to put in there something that is work- able, practical and we can afford. Mr. Gilchrist: We will deliver to the Commission tomorrow the drawings as they are at this point. Mr. Dawkins: OK, and the Manager prepare for me a letter for me to send to the Miami Times, why you guys don't have their police station because I'm not going through this, and let it come from the City Manager, an open letter to the citizens who read the Miami Times why the substation has been delayed - both of them,not one of them. And one to go to Las Dos Americas. Mr. Plummer: OK. rt 183 May 7, 1986 Mr. Middlebrook: All I need is authorization to go forward. I'm not certain where we are. Mr. Dawkins: I beg your pardon? Mr. Middlebrook: All I need is authorization to go forward. We are within the budget, all we need to do is move ahead. Mr. Gilchrist: He has the authorization to go forward. Mayor Suarez: OK, well that's clarified right now, you've got the authorization. Whatever else has gone before has been revoked as of now, we can build it and make it into a resolution, we can make it into an ordinance, we can make it into whatever this Commission deems just so we get going on this thing, and as of now I think it is about as formal as you can get. It is the consensus of the three of us that are here or four and that's, you can make it into the form of a motion if you'd like, but I think it is rather clear what we're talking about. Mr. Dawkins: OK. Thank you. NOTE FAR THE RECORD: Agenda item 74 was withdrawn. 68. $60,000 TO RENOVATE MANUEL ARTIME COMMUNITY CENTER THEATER. Mayor Suarez: Item 75. Mr. Plummer: How much are the plans? Mr. Castaneda: $60,000. Mr. Plummer: You recommend it? Mr. Castaneda: Yes, sir. Mr. Plummer: I move 75. Mr. Dawkins: Second. Mayor Suarez: Simultaneously moved and seconded. Hearing no further discussion and not being disposed to hear any, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-380 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $60,000 IN CONNECTION WITH THE PROJECTED RENOVATION OF THE MANUEL ARTIME COMMUNITY CENTER THEATER. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the 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 rt 184 May 74 1986 69. AMEND CONTRACT WITH MIAMI DADE TRADE AND TOURISM COMMISSION INC. TO EXTEND DATE. Mayor Suarez: Item 76. Mr. Frank Cobo. Mr. Mayor and Commissioners, my name is Frank Cobo. I reside at 346 N.W. 43 Place, City of Miami. I'm on your Code Enforcement Board, I am not compensated by this Board that I'm representing today which I'm a member of. Mr. Dawkins: You bragging or complaining? Mr. Cobo: Both. Miami Dade Trade and Tourism Commission, as you're familiar with, has an announcement to make, it is all good news. Mr. Mayor and Commissioners, we were successful in obtaining the U.S.D.A. Conference/Convention for the City of Miami, which will be housed in the City possibly at the Omni, and it is going to bring about a thousand members. And according to all calculations each person that comes to visit our City spends with air fare and expenses and so forth about $1,000, so we're talking about $1,000,000 which is coming into the City of Miami. You charged us a few months ago, Al Dodson is the Chairman, excuse me for now stating that. Al was here but had to leave early, and so I stayed in his place, I'm a member of the Board. You charged us with the responsibility of coming back with our plan, and working out a certain agreement, and we feel that we have done that. (1) We have presented to you a packet which you have received in the mail. It was addressed to each one of you individually regarding our request. In the package you received our 1986-87 projection of conventions which we have not even announced yet,but will bring many dollars to the City of Miami. Secondly, ... Mr. Plummer: Frank, what are you asking for? Mr. Cobo: We're asking for an extension to August 1st. Mr. Plummer: How much? Mr. Cobo: It comes out to about $18,000. Mr. Plummer: What does the administration recommend? Mr. Cobo: Well, before, Mr. Commissioner, I want you to know that you were going to pay $20,000 to do the U.S.D.A. consulting, you were going to ay a consulting fee of $20,000 to receive the U.S.D.A. You didn't pay that fee and, therefore, we're $20,000 ahead of the game. Mr. Plummer: What is the administration recommending? Mr. Gilchrist: We would recommend the extension. Mr. Plummer: I move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, hearing no further discussion from the Commission ... Mr. Plummer: Wait a minute. Frank, would you like to talk some more? Mr. Cobo: No, I'm ahead of the game. Mr. Plummer: Thank you. Mr. Cobo: This is by amendment, correct? Mr. Plummer: Yes. Mr. Cobo: OK. rt 185 Wk Mayor Suarez: He knows the rules of the game. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-381 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND FOR A THIRD TIME, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE CONTRACT DATED AUGUST 23, 1985 BETWEEN THE MIAMI DADE TRADE AND TOURISM COMMISSION, INC. (MDTTC) AND THE CITY OF MIAMI; WHEREBY THE CONTRACT EXPIRATION DATE IS EXTENDED FROM MAY 1, 1986 TO AUGUST 1, 1986 AND INCORPORATING A NEW WORK PROGRAM AND BUDGET, BASED ON THE S18,750 CITY OF MIAMI ALLOCATION FOR THE PERIOD OF JANUARY 31, 1986 TO MAY 1, 1986 INCORPORATED HEREIN. (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 J. L. Plummer, Jr. Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy Mr. Cobo: Thank you. 70. REPAIR PROPERTY BELONGING TO SILVIA ALTMAN. Mr. Plummer: Mr. Mayor, on item 71 Mr. Bailey has informed me that Mrs. Sylvia Altman who was a long time employee of this City is now basically confined to her home and cannot come out, and he would like to discuss the issue and I would like if any way, I don't even know what the request is, but this woman gave many of her years to this City, and if it is possible that they're asking for some kind of relief and we can help, I think that we should do it. Mr. Herbert J. Bailey: Commissioner, we have for some time been discussing the situation back and forth with Mrs. Altman. Mr. Plummer: What is the situation? Mr. Bailey: She is in a house that is virtually unsafe and unsuitable to live in. I think we have in several cases offered her some alternatives, but that is her home and she just in so many words said, "I would rather here and die here." Mr. Plummer: I can understand, her that..... Mr. Bailey: And it is not the policy of the administration to take an exceptional case like that because we have any number of people. Mr. Plummer: So what are you asking? Or what is she asking? What are you recommending? Mr. Bailey: Well, we're asking for an exception, even though we did not recommend it because it is against the Department policy. rt 186 May 7, 1986 Mr. Plummer: And that exception would grant what? Mr. Bailey: She is willing to deed the property over to the City of Miami if the City of Miami could make some needed repairs to sort of bring it up to Code. I think Frank has been very much involved in that and he can give you a fuller explanation. Mr. Plummer: Do you know the woman? She worked in Coconut Grove Park for beaucoup years. Whatever it is that you're recommending and she has agreed to I move at this time. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. We will get, the property will be deeded to the City and presumably will be useful for something at some point, right? She keeps a life estate, I presume, right? Mr. Castaneda: Right. Mayor Suarez: Ok. Mr. Dawkins: And if you can find any builders who will donate the labor while we buy the materials, let's see if we can make it a community project. Mayor Suarez: That's a great idea. Moved and seconded. I don't know that we ought to impose a limitation on the amount of money you're going to spend, but it is going to be a reasonable amount of money you're talking about, right, on these repairs? Mr. Castaneda: It will be $45,000 ... Mr. Plummer: But the value that we'll get back eventually is more. Mr. Castaneda: Yes, the assessed value of the property is $49,000. Mr. Plummer: OK. Plus the improvements. Mr. Castaneda: Plus the improvements. Mr. Plummer: Sure. Mr. Mayor, I feel that is the least we can do for a long and dedicated employee of this City. Mayor Suarez: $45,000 to fix up one house? It must be really in bad shape. Mr. Castaneda: It has an open ceiling, it is basically new construction. Mr. Plummer: It can't be much if the assessment is only $49,000. Mr. Castaneda: This is in the Flagami area, 3368 S. W. 3rd Street. Mr. Dawkins: You're getting the property, by the time the lady dies the damned land will be worth that let alone construction. Mr. Plummer: That's right. All right, what else have we got? Do you want to go back to item 33, is that what you want to do? Ms. Hirai: Mr. Plummer, we need to call the roll on that motion. Mr. Plummer: Call the roll. Mrs. Kennedy: I just came in, I'm sorry, I don't know what the motion is. Mr. Plummer: The motion is to grant a long time employee relief in getting her house fixed up which she deeds to the City. Mrs. Kennedy: The amount of $45,000? Mr. Plummer: Yes. Mrs. Kennedy: And we'll get title of the property? Mr. Plummer; Yes. rt 187 May 7, 1986 wt,, Nr�� t Mrs. Kennedy: OK. Mayor Suarez: We don't necessarily have a guarantee that we'll get more than we're giving because you never know how much a life estate is worth, but I have a feeling this is a ... The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-382 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO REPAIR A CERTAIN PIECE OF PROPERTY BELONGING TO SILVIA ALTMAN, A RETIRED CITY OF MIAMI EMPLOYEE, IN EXCHANGE FOR WHICH EXPENSE THE CITY OF MIAMI WILL RECEIVE THE DEED FOR SAID PROPERTY; FURTHER REFERRING THIS ISSUE TO THE CITY MANAGER TO SEE WHAT PORTION OF SAID REPAIRS COULD BE OBTAINED THROUGH VOLUNTARY COMMITMENTS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 71. ACCEPT BID: FRE CONSTRUCTION CO. FOR DESIGN PLAZA HIGHWAY IMPROVEMENT B- 4509. Mr. Plummer: I've got a problem still with 33, I'll go ahead and move 35. but you've got to come back with 33 with a better definition that I might not even agree with when I understand it. But at this time, Mr. Mayor, I'll move item 35 so they could proceed. Mr. Dawkins: I second it. Mayor Suarez: Item 35 is moved and seconded, hearing no further discussion from the Commission, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-383 A RESOLUTION ACCEPTING1 THE BID OF FRE CONSTRUCTION CO., INC. IN THE PROPOSED AMOUNT OF $693,107.50, TOTAL BID OF THE PROPOSAL, FOR DESIGN PLAZA HIGHWAY IMPROVEMENT B-4509; WITH MONIES THEREFOR ALLOCATED FROM "DESIGN PLAZA STREET IMPROVEMENTS" ACCOUNT IN THE AMOUNT OF $693.107.50 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY FRE CONSTRUCTION CO., INC. OF DESIGN PLAZA HIGHWAY IMPROVEMENT B-4509 UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) rt 188 May 7, 1986 Upon being seconded by Commissioner Dawkins$ 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 TBERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, TSS NEErINC WAS ADJOURNED AT 7:37 P.M. ATTEST: Natty Hirai CITY CLERK Walter Foevan ASSISTANT CITY CLERK Xavier L. Suarez N A Y 0 R * INC©RP 41RATED i8J96 �. rt 189 May 7. 1986 p . CI rY OF lVaIAMI DOCUMENT MEETING DATE MAY 7, 1986 NDEX - COMMISSION RETRIEVAI DOW01T IDENTIFICATION ACTION Jkn CODE NO. RATIFY/APPROVE/CONFIRM THE MIAMI MAGIC CELE- BRATION (DOWNTOWN MIAMI ON APRIL 19, 1986) TO CELEBRATE THE CITY'S 90TH BIRTHDAY ($18,000.00) ALLOCATE $10,000.00 AS A CASH GRANT TO THE FLORIDA RECREATION AND PARK ASSOCIATION, INC. IN CONNECTION WITH THE 1986 STATE CONFE- RENCE TO BE HELD AT THE MIAMI CONVENTION CENTER. AUTHORIZE TO WAIVE ANY AND/OR ALL DOCKAGE FEES FOR USE OF BICENTENNIAL PARK DOCKAGE FACILITIES IN CONNECTION WITH "OPERATION SAIL 1986" JULY 4, 1986 "SALUTE TO LIBERTY" CELEBRATION IN NEW YORK HARBOR. AUTHORIZE CITY MANAGER TO EXECUTE THE NEGO- TIATE AGREEMENT WITH MINOT, DEBLOIS & MADDI- SON TO PROVIDE SERVICES RELATED CITY OF MIAMI INDUSTRIAL LAND USE NEEDS STUDY. EXECUTE OF QUIT CLAIM DEED: JOSE A. ABIN. ACCEPT BID OF SOUTHEAST ENVIRONMENTAL CONSUL- TANTS, INC. FOR THE INSTALLATION OF THIRTY TWO (32) MONITORING WELLS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ($10,000:) ACCEPT BID OF DEBRA TURF AND INDUSTRIAL CO. FURNISHING ONE GOLF COURSE FAIRWAY AERA- TOR AND ONE GREEN MOWER TO THE DEPARTMENT OF PARKS/RECREATION ($14,264.00). ACCEPT BID OF LAWMEN'S AND SHOOTERS SUPPLY, INC. FOR FURNISHING ROOF MOUNTED LIGHT BARS AND PARTITIONS FOR POLICE PATROL VEHICLES TO THE DEPARTMENT OF GENERAL SERVICES AD- MINISTRATION ($20, 272.33). 86-307 86-310 86-311 86-312 86-313 86-314 DOCUI�ENT•I N*DEX CONTINUED DOCUMENT IDENTIFICATION ACCEPT BID OF ALLIED UNIVERSAL CORP. ($43,260. ) BISCAYNE CHEMICAL LABS, INC. ($962.00) AND BURRIS CHEMICALS, INC. ($7,875.) FOR FURNISHING SWIMMING POOL CHEMICALS TO THE DEPARTMENT OF PARKS/RECREATION; ETC... ACCEPT BID OF STARDUST JANITORIAL AND LAWN SERVICES ($21,420.), ALEX GROUNDS DOCTORS, INC. ($10,920.) AND E. & L. LAWN AND TREE SERVICE, INC. ($4,385.) FOR FURNISHING BASIS GROUNDS MAINTENANCE SERVICES AT FOURTY (40) CITY PARKS AND FACILITIES; ETC... ACCEPT PROPOSAL OF ARMANDO FOJON ROYO, INC. ($18,900.); ROLLY CLEARING AND LANDS- CAPING, INC. ($6,851.); AND COCONUT GROVE LOCAL DEVELOPMENT CORPORATION ($14,091.) FOR FURNISHING BASIS GROUNDS MAINTENANCE SERVICES AT TWENTY (20) SMALL CITY PARKS; ETC.... ACCEPT BID OF M. VILLA & ASSOCIATES, INC. ($535,954.10) FOR WYNDWOOD HIGHWAY IMPROVE- MENT B-4514; ETC.... ACCEPT BID OF COMPAIR MAKO, INC. FOR THE REPLACEMENT OF EXISTING HIGH PRESSURE BREATHING AIR PURIFICATION SYSTEM INSTALLED ON AIR TRUCK NO.1 TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES ($13,313.00). ACCEPT BID OF GOODYEAR TIRE & RUBBER CO. ($102,219.16); FEDAN TIRE CO. ($24, 829.64)- NORTON TIRE CO. ($40,056.); BA ADO TIATIONAL TIRE CO. ($2,105.60); RE TO. INC. ($1,319, 50); AND BANNER DELTA TIRE CO. ($3,202. 24) FOR VARIOUS CITY DEPART- MENTS. RESCIND AWARD TO A.J. PARKER INC. TO PROVIDE THE INSURANCE REQUIRED BY CITY FOR DEMOLI- TION OF COMMERCIAL WAREHOUSE LOCATED DAT 65 N.W. 9TH STREET IN THE OVERTOWN/PARWEST DEVELOPMENT AREA; ETC... 86-315 86-316 86-317 86-319 86-320 86-321 i DOCUfAENT11NDEX CONTINUED DOCUMENT IDENTIFICATION ORDER BAYCREST HIGHWAY IMPROVEMENT — PHASE II H-4522. ACCEPT PLAT: PELAEZ — ZOGBI. ACCEPT PLAT: GILBERTO IZQUIERDO. AMEND RESOLUTION NO. 86-149 BY PROVIDING ADDITIONAL COMPENSATION OF $2,406 FOR THE ACQUISITION OF PARCEL 44—A (SOUTHEAST OVER— TOWN/PARK WEST PROJECT AREA. AUTHORIZE TO EXECUTE A CONTRACT WITH THE FIRM OF DAVID M. GRIFFITH AND ASSOCIATES LTD. TO PREPARE A CENTRAL SERVICES COST ($15,000.). AUTHORIZE THE INCREASE OF CONTRIBUTIONS TO THE GROUP BENEFITS SELF INSURANCE FUND FOR RETIRED EMPLOYEES OF CITY OF MIAMI IN THE CITY'S HEALTH CARE PLAN. AUTHORIZE CITY MANAGER TO SEEK PROPOSALS FOR THE PROVISION OF ADMINISTRATIVE SERVICES GROUP TERM LIFE INSURANCE, AND GROUP MIDICAL STOP LOSS INSURANCE COVERAGE FOR CITY GROUP BENEFITS PLAN. GRANT A PERMIT TO SELL BEER/WINE BY THE REQUEST OF B.N.M. ATTRACTION, INC. IN CON— NECTION WITH ITS "REGGAE JAM IN THE PARK" (JUNE 8, 1986 IN PEACOCK PARK). APPROVE URINALYSIS DRUG SCREENING TEST FOR 816 SWORN AND CIVILIAN EMPLOYEE WITH WERE CONDUCTED BY CONSULAG, INC. FOR THE POLICE DEPARTMENT ($13,774.08). APPROVE BUDGET FOR THE "HISTORIC PRESERVA— TION: DOWNTOWN" SPECIAL REVENUE FUND ($15,000.); ETC.... ACCEPT BID OF TREE MASTER INC. ($14,525.) AND CUYAHOGA WRECKING CORP. ($20,813.) FOR THE DEMOLITION OF VARIOUS STRUCTURES TO THE DEPARTMENT OF FIRE, RESCUE AND INS— PECTION SERVICES; ETC.... S 86-322 86-323 86-324 86-325 86-326 86-327 86-328 86-329 86-330 86-331 86-332 DOCUMENT F N DEX CONTINUED 1 COMMISS DOCUMENT IDENTIFICATION AUTHORIZE CITY MANAGER TO* ACCEPT $125,000. 86-352 FROM DADE COUNTY AS CONTRIBUTION FOR ITS SHARE OF PAGEANT FEE (MISS U.S.A. 1986); ETC.... ESTABLISH THE BAYFRONT PARK AMPHITHEATER 86-357 PROGRAM ADVISORY COMMITTEE AND APPOINT: COMMISSIONER ROSARIO KENNEDY, CHAIRPERSON, HOWARD V. GARY, TINA HILLS, DAN PAUL, SKIP SHEPARD AND ALAN WEISBERG TO SAID COMMITTEE. RATIFY/CONFIRM THAT THE REQUIREMENTS FOR 86-359 FORMAL COMPETITIVE SEALED BIDS COULD NOT - BE MET DUE TO THE SHOW BROADCASTNG SCHEDULE. FURTHER, APPROVE PURCHASES OF SOD, SOIL, FENCING, INSTALLATION OF TREES AND RENTAL OF A BARGE AT THE MARINE STADIUM FOR PHILL DONAHUE SHOW (30,467.00). ACCEPT BID OF M.E.T. CONSTRUCTION INC. 86-360 ($372,250.), BASE BID OF PROPOSAL, FOR ORANGE BOWL - JOIST REPLACEMENT - 1986; ETC... AUTHORIZE CITY MANAGER TO ISSUE A REVOCABLE 86-361 PERMIT, TO THE UNITED STATES YATCH RACING UNION (U.S.Y.R.U.), WHICH PERMIT SETS FORTH THE TERMS/CONDITIONS FOR USE OF A PORTION OF DAVID T. KENNEDY PARK FOR A TEMPORARY TRAINING SITE FOR OLIMPIC SAILING TEAMS. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE- 86-362 MENT WITH UNITED STATES YACHT RACING UNION (U.S.Y.R.U.) FOR ALTERNATE SITE FOR OLIMPIC - SAILING TRAINING. AMEND GUIDELINES FOR MINORITY AND WOMEN 86-363 BUSINESS AFFAIRS AND PROCUREMENT COMMITTEE; ETC..... APPOINT: RUDY SANCHEZ TO THE CITY OF MIAMI 86-364 LATIN QUARTER REVIEW BOARD. APPOINT: ILEANA ACOSTA TO SERVE AS A DI- 86-365 RECTOR OF THE FOUNDATION ESTABLISHED OR TO BE ESTABLISHED BY DEVELOPER OF BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK; ETC... DOCUM r ENTmINDEX CONTINUED1 COMMISSION DOCUMENT IDENTIFICATION ACCEPT BIDS OF PITMAN PHOTO, INC. ($7,152.72) ; RICH PHOTO, INC. ($11,588.19); AND HOI INTERNATIONAL ($40, 906.00), FOR FURNISHING PHOTOGRAPHIC SUPPLIES AND ACCESSORIES; ETC... ALLOCATE $300.00 IN SUPPORT OF THE 1987 AN- NUAL MEETING OF THE BOARD OF GOVERNORS OF INTERAMERICAN DEVELOPMENT BANK (IDB) (MARCH 19 - 27, 1987) ALSO ENTER INTO AN AGREEMENT WITH GREATER MIAMI, HOST COM- MITTEE, ETC... INSTRUCT TO BIGIN DRAFTING OF CHARTER AMEND- MENT TO PROHIBIT ANY LEASE OF CITY -OWNED PROPERTY UNLESS FOLLOWING 90 DAYS, FOR PROPOSAL; ETC... AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH MIAMI CENTER ASSOCIATES, LTD FOR THE CONVERSION OF MIAMI CONVENTION CENTER RETAIL SHOPPING SPACES INTO EXIHI- BIT AREAS; ETC... APPROVE THE CONSTRUCTION DISBURSEMENT SCHE- DULES FOR MODERATE -AFFORDABLE HOUSING AT SHELL CITY AND EAST LITTLE HAVANA SITES; ETC.... APPOINT: RON THOMKINS AS A REPLACEMENT MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANI- TATION EMPLOYEES' RETIREMENT TRUST; FOR AN UNEXPIRED TERM OF OFFICE. CONFIRM ORDER RESOLUTION NO. 86-104 AND AUTHORIZE CITY CLERK TO ADVERTISE BIDS FOR THE CONSTRUCTION OF N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT H-4520. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT PHASE I; ETC.. ACCEPT BID OF SOUTHEASTERN CONCRETE FLOOR CO. INC. ($1,268,987.60) FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4505; ETC.... 86-333 86-336 86-337 86-340 86-341 86-343 86-347 i 86-351 NO sl DOCUMENT c NDEX CONTINUED SS DOCUMENT IDENTIFICATION CLOSE CERTAIN STREETS, ESTABLISH AREA OF VENDORS, ALLOW SALE OF BEER/WINE FOR GOMBAY FESTIVAL TO BE HELD IN COCONUT GROVE JUNE 7 - 8, 1986. APPOINT: NERVILLE JEKINS; RALPH GARCIA- TOLEDO; MARGUERITTE RAMOS; JORGE ALVAREZ; PETER CUNNINGHAM; TONY HART; MARIO DE LAS CUEVAS; FAUSTO DIAZ-OLIVER; MERCY RODRIGUEZ; RAUL GASTESI JR; MARY JO GROSO; CRISTINA MORALES; DAWN PLUMMER; SAMANTHA RUIZ; YLEEM SARMIENTO, TO SERVE AS MEMBERS OF THE YOUTH ADVISORY COUNCIL; ETC... AUTHORIZE CITY MANAGER TO AMEND THE CON- TRACT (AUGUST 23, 1985) WITH MIAMI DADE TRADE AND TOURISM COMMISSION, INC. TO EX- TENDED DATE TO AUGUST 1, 1986 INCORPORATING NEW WORK PROGRAM/BUDGET ($18,750.00). ACCEPT BID OF FRE CONSTRUCTION CO., INC. ($693,107.50) FOR DESIGN PLAZA HIGHWAY IMPROVEMENT B-4509; ETC... 86-374 lz