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HomeMy WebLinkAboutCC 1986-02-13 MinutesT Y OF MIAMI COMMISSION MINUTES OF METING HELD ON FEBRUARY 13, 1986 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA FEBRUARY 13, 1986 ITEM SUBJECT NO. 1 PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. 2 COMMEND POLICE FOR PROPER HANDLING OF DISTURBANCE IN HAITIAN COMMUNITY. 3 CONSENT AGENDA. LEGISLATION PAGE NO. PRESENTED 1-2 2/13/86 M-86-73 2 2/13/86 DISCUSSION 3-6 2/13/86 3.1 CLAIM SETTLEMENT - MINNA BENSON - R-86-74 $13,500. 2/13/86 3.2 8TH ANNUAL COCONUT GROVE BED RACE - R-86-75 STREET CLOSURE, ALLOW SALE OF BEER 2/13/86 AND WINE FOR ONE DAY. 3.3 MIAMI MAGIC CELEBRATION - AUTHORIZE R-86-76 STREET CLOSURE AND SALE OF BEER AND 2/13/86 WINE AND FIREWORKS UNTIL 12:00 MIDNIGHT APRIL 19, 1986. 3.4 PERMIT FIREWORKS DISPLAY IN R-86-77 CONNECTION WITH THE MIAMI FILM 2/13/86 FESTIVAL UNTIL 12:00 MIDNIGHT, FEBRUARY 16, 1986. 3.5 BID ACCEPTANCE: AVIS RENT -A -CAR FOR R-86-78 RENTAL VEHICLES., DEPARTMENT OF 2/13/86 POLICE - $171,780. 3.6 BID ACCEPTANCE: RIGHT SAFETY WARE R-86-79 FOR VITON & BUTYL ACID ENCAPSULATED 2/13/86 SUITS & RELATED ITEM TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES - $15,319.88. 3.7 BID ACCEPTANCE: J & L FRED & SUPPLY R-86-80 CO. AND HECTOR SUPPLY CO. FOR 2/13/86 FURNISHING ANIMAL FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE MOUNTED PATROL HORSES AND CANINE UNITS - $32,509.37. 3.8 BID ACCEPTANCE: AGRI-VET R-86-81 INTERNATIONAL, KNOWLES ANIMAL 2/13/86 HOSPITAL, NORDEN LABS AND PARAMEX FOR FURNISHING FIRST AID TYPE SUPPLIES & SPECIALIZED GROOMING SUPPLIES FOR POLICE HORSES AND DOG UNITS - $7,115.03 R. R 7 7 7 0 0 0 T ir 3.9 BID ACCEPTANCE: STARDUST JANITORIAL R-86-82 9 FOR CUSTODIAL SERVICES AT THE 2/13/86 MANUEL ARTIME COMMUNITY CENTER (LITTLE HAVANA) $22,734.60. 3.10 BID ACCEPTANCE: VALLE/AXELBERD & R-86-83 9 ASSOCIATES FOR PSYCHOLOGICAL 2/13/86 SERVICES TO THE DEPARTMENT OF POLICE - $82,000. 3.11 BID ACCEPTANCE: HEAVY EQUIPMENT TO R-86-84 9 THE DEPARTMENT OF GENERAL SERVICES 2/13/86 ADMINISTRATION FOR USE BY VARIOUS CITY DEPARTMENTS - $28,174.12. 3.12 BID ACCEPTANCE: JIM PEACOCK DODGE, R-86-85 9 INC. - $773,459.70 FOR 78 POLICE 2/13/86 PURSUIT VEHICLES AND REJECTING BIDS FROM SIX BIDDERS. 3.13 BID ACCEPTANCE: B.K. MARINE R-86-86 10 CONSTRUCTION - $31,150 FOR 2/13/86 WAINWRIGHT PARK - BULKHEAD REPAIRS (SECOND BIDDING). 4 3.14 BID ACCEPTANCE: LANZO CONSTRUCTION R-86-87 10 CO. - $265,191.00 FOR CITYWIDE 2/13/86 SANITARY SEWER EXTENSIONS IMPROVEMENT N.W. 47 AVENUE. 3.15 DECLARE CLOSED AND ABANDONED R-86-88 10 FOREVER CERTAIN UNNAMED, 2/13/86 UNDEDICATED UNIMPROVED AND NEVER USED STREETS SHOWN ON PLAT OF "ROBERT'S SUBDIVISION OF TWO ACRES," PLAT BOOK "A" PAGE 21. 3.16 ACCEPT COMPLETED WORK OF MET R-86-89 10 CONSTRUCTION, INC. FOR DINNER KEY 2/13/86 MARINA - ELECTRICAL IMPROVEMENTS - $116, 587. _ 3.17 ACCEPT COMPLETED WORK OF COMMUNITY R-86-90 10-11 ASPHALT CORP. FOR CITY WIDE 2/13/86 RESURFACTING PROJECT - WYNWOOD/OVERTOWN/PARKWEST B-4499. 3.18 ACCEPT COMPLETED WORK OF TARGET R-86-91 11 CONSTRUCTION COMPANY FOR CITY HALL 2/13/86 CONFERENCE ROOM - $189,154.83. 3.19 APPROVE COVENANT TO RUN WITH THE R-86-92 11 LAND PROFFERED BY BEBER-SILVERSTEIN 2/13/86 & PARTNERS FOR NON STANDARD CONSTRUCTION IN PUBLIC RIGHT OF WAY. 3.20 AUTHORIZE ISSUANCE OF A SECOND R-86-93 11 DUPLICATE LIEN SALE CERTIFICATE TO 2/13/86 REPLACE CERTIFICATE NO. 215 DATED MAY 26, 1982. 3.21 FORMALIZE M-86-19 & AMEND R-85-1099 R-84-94 11-12 BY INCREASING ALLOCATION TO $35,000 2/13/86 TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM YOUTH BOXING PROGRAM & AUTHORIZING AGREEMENT WITH SAID AGENCY. r' 3.22 INVITE THE NATIONAL CONFERENCE OF R-86-95 12 BLACK MAYORS TO HOLD ITS ANNUAL 2/13/86 r` CONFERENCE IN DADE COUNTY IN APRIL, "' 1987. p 3.23 SUPPORT 1988 PUBLIC WORKS PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AUTHORIZE CITY MANAGER TO SUBMIT SPECIFIC PROJECTS FOR CONSIDERATION & TO SEEK FINANCIAL ASSISTANCE FROM UNITED STATES ARMY CORPS OF ENGINEERS. R-86-96 2/13/86 3.24 AMEND R-85-473 ALLOCATING $50,000 R-86-97 TO THEODORE ROOSEVELT GIBSON 2/13/86 MEMORIAL FUND, INC. BY AMENDING TIME PERIOD. 3.25 AUTHORIZE CITY MANAGER TO EXECUTE R-86-98 CONTRACT WITH GLADYS KIDD & 2/13/86 ASSOCIATES, INC. NIKKI BEARE & ASSOCIATES, INC., A JOINT VENTURE, FOR PROFESSIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR PHASE I OF SOUTHEAST OVERTOWN/PARKWEST REDEVELOPMENT PROJECT. 3.26 AUTHORIZE LEASE AGREEMENT WITH HOPE R-86-99 PRESCHOOL, INC., TO OPERATE A 2/13/86 PRESCHOOL AND DAY CARE FACILITY AT 7561 N.E. 1 AVENUE. 12 12-13 13 13 ll 3.27 ACCEPT PROPOSAL OF DURBIN, PARKS R-86-100 13 AND SAVEL TO LEASE & OPERATE THE 2/13/86 MIAMI SPRINGS COUNTRY CLUB DRIVING RANGE AND PRO SHOP FACILITY AUTHORIZE LEASE AGREEMENT FOR FIVE YEAR PERIOD. 3.28 AUTHORIZE ACQUISITION BY PURCHASE R-86-101 13-14 OR CONDEMNATION OF LAND BETWEEN 2/13,'86 N.E. 69TH STREET AND N.E. 71ST STREET ON BISCAYNE BAY TO BE USED FOR PARK AND/OR MARINA PURPOSES. 3.29 AUTHORIZE AGREEMENT WITH STATE OF R-86-102 14 FLORIDA, DEPARTMENT OF STATE, 2/13/86 DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT - CERTIFIED LOCAL GOVERNMENT PROGRA-M,TO PARTICIPATE IN FEDERAL HISTORIC PRESERVATION PROGRAM. 4 ORDER ALLAPATTAH HIGHWAY R-86-103 14-15 IMPROVEMENT -PHASE II H-4507. 2/13/86 5 ORDER CULMER HIGHWAY IMPROVEMENT H- R-86-104 15-17 4520. 2/13/86 6 DEFER ITEM 26, RE WASTE COLLECTION DISCUSSION 18-19 LICENSE FOR ANTHONY CILLIO, D.B.A. 2/13/86 d ATLANTIC SANITATION SYSTEMS. x 7 DEFER ITEM 31, RE LEASE OFFICE M-86-105 20-22 SPACE AT NEW WORLD TOWER INSTRUCT 2/13/86 ADMINISTRATION TO LOOK IN BLACK GROVE FOR POSSIBLE OFFICE SPACE TO LEASE. 9 8 COPELAND COMPANIES AS CO- R-86-106 23-27 ADMINISTRATOR OF CITY'S DEFERRED 2/13/86 COMPENSATION PLAN. 9 FUND MIAMI DADE TRADE AND TOURISM M-86-107 27-29 COMMISSION INC. FOR SECOND QUARTER 2/13/86 "' OR UNTIL MAY FIRST. w 10 DISCUSSION OF FILM FESTIVAL FUNDING DISCUSSION 29-34 (SEE LABEL 14). 2/13/86 11 ENDORSE POLICY TO ASSIST HAI'I'IAN R-86-108 34-37 COMMUNITY IN NEED OF PRESENT 2/13/86 POLITICAL UNREST. 12 DISCUSSION OF $6,000,000 HOUSING DISCUSSION 37-47 CONSTRUCTION BONDS. (SEE LABEL 39). 2/13/86 13 OPEN SEALED BIDS FOR CONSTRUCTION M-86-109 47-49 OF N.W. 47TH AVENUE HIGHWAY 2/13/86 IMPROVEMENT B-4505. 14 COMMENTS RE FILM FESTIVAL DISCUSSION 49-50 REPRESENTATIVE ALLEGATION THAT 2/13/86 COMMISSION REQUESTED TICKETS FOR Y FESTIVAL (SEE LABEL 10). 15 COMMENTS RE PROMOTIONS IN FIRE DISCUSSION 50 DEPARTMENT EXCLUDED BLACKS (SEE 2/13/86 LABEL 19-A). 1 1.6 SECOND READING ORDINANCE: AMENDING ORDINANCE 50-51 CODE RE "STREETS AND SIDEWALKS". 10077 Y -:a 2/13/86 11 SECOND aEADING ORDINANCE: NEW ORDINANCE 51-52 SPECIAL REVENUE FUND "PARK 10078 ;t DEVEL,C'CMENT FUND". 2/13/86 18 SECOND READING ORDINANCE: $75 FEE ORDINANCE 52-53 FOR EMERGENCY MEDICAL 10079 TRANSPORTATION. 2/13/86 19.A COMMENTS ON FTRE DEPARTMENT DISCUSSION 53 PROMOTIONS (SFE LABEL 15). 2/13/86 19.B FIRST READING ORDINANCE: NEW FIRST 54 — SPECIAL REVENUE FUND (HISTORIC READING ' PRESERVATION DOWNTOWN). 2/13/86 20 DEVELOPMENT AGREEMENT WITH INDIAN R-86-110 54-57 RIVPR INVESTMENTS FOR PARCEL 46 OF 2/13/86 SOUTHEAS9' OVERTOWN PARK WEST REDEVELOPMENT. 21 FIRST READING ORDINANCE: AUTHORIZE FIRST 58 CITY MANAGER TO ISSUE BEER AND WINE READING SALE PERMITS FOl% SPECIAL EVENTS. 2/13/86 22 EMERGENCY ORDINANCE: AMEND ORDINANCE 59-60 ORDINANCE 9939, CAPITAL 10080 IMPROVEMENTS. 23 BID ACCEPTANCE: WILLIAM PAVING R-86-111 60-61 COMPANY FOR DOWNTOWN HIGHWAY 2/13/86 - IMPROVEMENT. 24 BID ACCEPTANCE: MIRI CONSTRUCTION R-86 112 61 INC. FOR BUENA VISTA HIGHWAY 2/13/86 IMPROVEMENTS - PHASE II B-4506 BID 25 BID ACCEPTANCE: M. VILA AND R-86-113 62 ASSOCIATES, INC. FOR BUENA VISTA 2/13/86 HIGHWAY IMPROVEMENT - PHASE II B- 4506 BID "A". 26 WAIVING PROHIBITION AGAINST R-86-114 62-64 TRANSACTION OF CITY BUSINESS WITH 2/13/86 FORMER EMPLOYEE LEAVING WITHIN 2 YEARS FOR HOWARD V. GARY. rh i 27 CANCEL CONSTRUCTION OF ROADS AREA R-86-115 64-65 HIGHWAY IMPROVEMENT — PHASE I, AS 2/13/86 PER REQUEST OF CITIZENS IN AREA. 28 CONFIRM ASSESSMENT ROLL FOR R-86-116 66 CONSTRUCTION OF AUBURN SANITARY 2/13/86 SEWER IMPROVEMENT SR-5475—C. 29 CONFIRM SUPPLEMENTAL PRELIMINARY R-86-117 66-67 ASSESSMENT ROLL FOR KIRKLAND 2/13/86 SANITARY SEWER IMPROVEMENT SR-5478— C. 30 CLOSE N.W. 7 STREET BETWEEN 1 COURT R-86-118 67-68 AND 3 AVENUE FOR CONSTRUCTION OF 2/13/86 MALL IN OVERTOWN. 31 REQUEST INFORMATION RE MINORITY M-86-119 68-74 ENTREPRENEURS TO LOCATE IN THE 2/13/86 BAYSIDE SPECIALTY CENTER. 32 RESOLUTIONS OF CONDOLENCES TO CONDOLENCES 74 FAMILIES OF CHALLENGER CREW 2/13/86 MEMBERS. 33 R.F.P. FOR EXHIBITION HALL R-86-120 75-85 FACILITY CREATE COMMITTEE. TO STUDY 21/13/86 POSSIBLE SITES. 34 DISCUSSION REGARDING DRAFT OF M-86-122 85-95 R.F.P. ON MASTER PLAN FOR ENTIRE 2/13/86 MARINE STADIUM SITE ON VIRGINIA KEY. (SEE LABEL 37). fi 35 BEGIN R.F.P. PROCESS FOR PROMOTION M-86-123 95-97 OF AMPHITHEATER AT BAYFRONT PARK. 2/13/86 36 APPROVE IN PRINCIPLE CITY HOUSING R-86-124 97-100 CONSERVATION AND DEVELOPMENT 2/13/86 AGENCY. 37 RECONSIDER M-86-122, MASTER PLAN M-86-1.25 100-106 FOR ENTIRE MARINE STADIUM SITE IN M-86-126 VIRGINIA KEY BEGIN R.F.P. PROCESS 2/13/86 FOR UNIFIED DEVELOPMENT PROJECT FOR MIAMI MARINE STADIUM. (SEE LABEL #34). 38 DISCUSSION OF SCATTERED SITE DISCUSSION 107-111 HOUSING FOR LOW/MODERATE INCOME 2/13/86 — FAMILIES (SEE LABEL 41). 39 AUTHORIZE ISSUANCE OF $6—M IN ORDINANCE 111-116 HOUSING CONSTRUCTION BONDS (SEE 10081 -L LABEL #12). 2/13/86 40 FIRST READING ORDINANCE: AUTHORIZE FIRST 117-120 a ISSUANCE OF $40,000,000 OF SPECIAL READING CONSTRUCTION REVENUE NOTES. 2/13/86 t 41 CONTINUED DISCUSSION REGARDING M-86-127 121-125 LOW/MODERATE INCOME HOMES TO BE 2/13/86 3 BUILT IN OVERTOWN START WITH UNOCCUPIED OR VACANT SITES (SEE a LABEL #38). v 42 DEFER CONSIDERATION OF PROPOSED DISCUSSION 125-135 LEASE WITH CASINO ESPANOL FOR LAND 2/13/86 IN VIRGINIA KEY. f f 43 MANAGER TO APPEAR BEFORE METRO M-86-128 135-146 COMMISSION TO URGE THEIR, SUPPORT OF 2/13/86 THIS CITY'S EFFORT TO ASSIST ELDERLY WITH THEIR NEED OF SAFETY & SECURITY IN PUBLIC HOUSING. 44 RENAME PARADISE POINT MINI PARK TO R-86-129 146-147 "MIAMI RIVER RAPIDS MINI PARK". 2/13/86 45 DISCUSSION REGARDING REQUEST OF DISCUSSION 147-149 F.P.L. TO PLACE CERTAIN WIRING 2/13/86 UNDERGROUND. 46 DEFER DISCUSSION RE CONSULTANT DISCUSSION 150-151 CONTRACT WITH SORG MARKETING GROUP. 2/13/86 47 GRAND PRIX AS EVENT FOR A PUBLIC R-86-130 152 PURPOSE. 2/13/86 48 MARCH OF DIMES "WALKAMERICA": CLOSE R-86-131 152-157 STREETS, WINE/BEER PERMIT, USE 2/13/86 PEACOCK PARK. 49 BUONICONTI FAMILY TO HOLD EVENT IN R-86-132 157 PEACOCK PARK: WINE/BEER PERMIT. 2/13/86 50 APPROVE IN PRINCIPLE ADAPTIVE REUSE M-86-133 158-161 OF HISTORIC COLA -NIP BLDG. BY NEW 2/13/86 WASHINGTON ' HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE. 51 A -GRANT $65,000 TO MISS. BLACK R-86-134 161-165 COLLEGIATE PAGEANT B-DESIGNATE R-86-135 CAROLLO AND DAWKINS AS DELEGATES TO 2/13/86 MISS. BLACK COLLEGIATE PAGEANT. 52 $165,000 LOAN TO NORTHEAST MIAMI R-86-136 165-167 CHAMBER OF COMMERCE (NEMCC) FOR 2/13/86 REHABILITATION OF A COMMERCIAL PROPERTY. 53 DEDICATION CEREMONY FOR MUNICIPAL R-86-137 167-168 LOT #41 (GESU SCHOOL) SET FOR MARCH 2/13/86 13, 1986. 54 RESCUE MISSION: CREATIVE WAYS FOR R-86-138 168-173 CREATING A FACILITY FOR HOMELESS. 2/13/86 55 DISCUSSION REGARDING ALLOCATION OF DISCUSSION 173-175 $57,000 (FORFEITED BY NATIONAL 2/13/86 PUERTO RICAN FORUM) TO ANOTHER SOCIAL SERVICE AGENCY. 56 FIRST READING ORDINANCE: YOUTH FIRST 175-178 ADVISORY COUNCIL. READING 2/13/86 57 CANCEL PRESENTLY EXISTING LEASE •M-86-139 178-184 WITH OVERTOWN SHOPPING CENTER. 2/13/86 58 DISCUSSION AND DEFERRAL OF IMPACT DISCUSSION 184-187 FEE ORDINANCE. 2/13/86 59 FIRST READING ORDINANCE: FIRST 187-190 REGISTRATION OF LOBBYIST. READING 60 PEOPLE WHO APPEAR BEFORE THE M-86-140 190-191 COMMISSION MAY BE PUT UNDER OATH. 2/13/86 61 REFER TO MANAGER MATTER OF FIRE DISCUSSION 191-193 DEPARTMENT UNIONS. 2/13/86 62 GRANT WINE/BEER PERMIT AND CLOSURE R-86-141 193-194 OF STREETS FOR KIWANIS CLUB OF 2/13/86 LITTLE HAVANA "PASEO". 63 DAVID PLUMMER TO PROVIDE TECHNICAL R-86-142 194-195 SERVICES IN PREPARATION OF A 2/13/86 DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION. 64 "ECONOMIC STUDY OF THE MIAMI RIVER" R-86-143 195-198 BY ZUCHELLI HUNTER AND ASSOCIATES. 2/13/86 65 RELOCATION OF THE "PINE HEIGHTS M-86-144 199-202 PARK: AS REQUESTED BY OPHTHALMOLOGY 2/13/86 RESEARCH FOUNDATION AND SOUTH FLORIDA BLOOD SERVICE FOR JOINT REPLATTING OF "MEDICAL SUBDIVISION". 66 LITIGATION WITH MIAMI HERALD. R-86-145 202 2/13/86 67 SUPPORT GWEN MARGOLIS BILL IN STATE R-86-146 202-203 LEGISLATURE TO CHANGE D.D.A. 2/13/86 MILLAGE. 68 RESCHEDULE COMMISSION MEETING OF R-86-147 203-204 FEBRUARY 27TH TO START AT 2:00 P.M. 2/13/86 69 AMEND AGREEMENT WITH HAITIAN TASK R-86-148 204 FORCE, INCREASE FUNDS. 2/13/86 70 PURCHASE TWO PARCELS OF LAND WITHIN R-86-149 205 OVERTOWN. 2/13/86 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAM1, FLORIDA On the 13th day of February, 1986, the City Commission of Miami, Flori- da, met at its regular meeting place in the City Hall, 3500 Pan American J Drive, Miami, Florida in regular session. The meeting was called to order at 9:01 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ABSENT: ALSO PRESENT: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez Commissioner Joe Carollo* Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Xavier Suarez who then led those present in a pledge of allegiance to the flag. x *Note: Commissioner Carollo entered the meeting at 9:14 A.M. 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. 1. Proclamation - Miami is Beautiful Day presented to Mr. Isidro Morera, single member of this nonprofit organization founded to improve Miami in the areas of beauty and cleanliness. 2. Recognition of second graders from the Carolton School in Coconut Grove. 3. Certificates of Appreciation presented to David Brust, coach of the Golden Knights Tackle Football Team, and Nancy Bottin, Supervisor of West End Park for their contribution to the Golden Knights Tackle Football Team and the City of Miami Parks Department. 4. Commendations presented to Sergeant Richard Bohan, Officer John Buhrmaster, Officer William O'Connor and Officer David Rivero for having been selected as the Most Outstanding Officers of the Month for December, 1985. 5. Commendations presented to Officer Manuel DeLaTorriente and Officer Jorge Garcia for having been selected as the Most Outstanding Officers of the Month for January, 1986. 6. Proclamation proclaiming Lt. G. Lane Bradford Day presented to Lt. G. Lane Bradford for having been selected as the Police Department's Out- standing Administrative Officer of the Month for December, 1985. 7. St. Patrick's Day Proclamation presented to John E. Shield and Donald D. Slesnick, co-chairmen of the St. Patrick's Day Parade and Celebration, in recognition of this very important cultural event in our community. 8. Commendations presented to coach Mauro Bermudez and the members of the Golden Knights Football Team for having represented the City of Miami Parks and Recreation Department's West End Park and becoming national `.d. champions in the first "National Hall of Fame Youth Bowl", celebrated in Canton Ohio. February 13, 1986 1 9. Recognition of the City of Miami Police Department for its handling of the recent Haitian demonstration. 2. COMMEND POLICE FOR PROPER HANDLING OF DISTURBANCE IN HAITIAN COMMUNITY. Mr. Carollo: Mr. Mayor, while we're deciding which of these items in the Consent Agenda some of us might want to pull to look at closer, I'd like to bring up a resolution that I think particularly since the letter from the City Ndnager was read just a few minutes ago that it would be the appropriate time to bring up now. And the resolution that I would like to bring up is a resolution commending the Miami Police Department, its Chief and in particular the officers that showed considerable restraint and professionalism in han- dling the recent situation that we had in Little Haiti. At the same time, I think we should include in this resolution of commendation the fine perfor- mance by the commander out there at the time, Mr. Zamora. It is all too often that we hear from all levels of our citizens, people demanding more police protection, that we need more police but then every time that we have an incident in this community the first thing that some do is criticize the police and are immediately demanding that the police be investigated for doing their duty and for acting like police officers and professionals. I think that we finally have to reach a medium in this community whtre either we want professional law enforcement or we want individuals that are going to be the whipping boards of any special interest group any time something happens. Since I have been sitting on this Commission for six and a half years approx- imately, I have never heard but once anyone ever demand, any editorials, any media demand that individuals that have attacked police officers, that have attacked citizens in any kind of disturbance be investigated. It is always immediately when something happens - investigate the police. Well, how can we on one hand be always demanding that we need more police protection and then at the same time every time these fine men and women go out and do their job within minutes after they do their jobs we're criticizing them and demand- ing that they be investigated. I think that by passing this resolution of commendation that we will be showing that this Commission representing its citizens does care and does show its appreciation for professionalism and that we do back our police officers when they act like professionals and when they show restraint. I so move this resolution. Mr. Plummer: Second. Mayor Suarez: It has been moved and seconded, any further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-73 A MOTION OF THE CITY COMMISSION COMMENDING THE CHIEF OF POLICE AND THE MEMBERS OF THE CITY'S POLICE DEPART- MEA'T FOR THEIR EFFICIENT, PROFESSIONAL, AND SENSITIVE HANDLING OF THE RECENT DISTURBANCE IN THE HAITIAN COMMUNITY. Upon bring 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. February 13, 1986 3. CONSENT AGENDA. FOLLOWING IS A GENERALIZED DISCUSSION WHEREIN THE CITY COMMISSION SEEKS TO CLARIFY CERTAIN ASPECTS OF SPECIFIC CONSENT AGENDA ITEMS PRIOR TO PASSAGE AND ADOPTION OF THE CONSENT AGENDA: Mayor Suarez: Before the vote is taken on the Consent Agenda, which is items 1 through 37, omitting the ones that we have pulled out, is there anyone present who is an objector or who wants to propose and be in favor of any of the items on the Consent Agenda? Please step up, sir, state your name and tell us which item you're concerned with. Mr. Lou Mareno: My name is Lou Mareno with the U.S. Conference of Mayurs, Item 36. Mayor Suarez: Okay, why don't we pull that out and we'll vote on the rest. Are there any objectors or proponents of any of the other items? Anne Marie? Ms. Anne Marie Adker: I don't know whether I'm opposing or what, I need some information on Item 24 and that information being the location of this Culmer Highway Improvement. Mayor Suarez: I'm going to pull that one out myself, Anne Marie, we'll ask at the appropriate moment. Any other proponents or objectors to any of the other items 1 through 37? Mr. Carollo: Mr. Mayor, I'd like to pull 35 for clarification before we vote on it. Mayor Suarez: Any otner ones? Okay. Hearing no other objectors or propo- nents of any other items than the ones that we have pulled, we can proceed to take the vote on the Consent Agenda. Mr. Cather? Mr. Don Cather: I'd like you to pass 15, 16 and 17 contingent upon the passing of Item 44 which is the Capital Improvement Budget which appropriates the funds for these jobs. Mr. Dawkins: Well why would you stick this one - the Consent Agenda, contin- gent upon something else passing some place else? Mr. Cather: Because we're not allowed by law to award jobs for whicn we haven't appropriated the funds, and 44 appropriates the funds. Mr. Odio: You're correct. Mr. Dawkins: That's my exact question. Mayor Suarez: Yes, it was not a good idea to put on the Consent Agenda, but it wasn't really Mr. Cather that did that, I don't think. Mr. Cather: No. Mr. Dawkins: I don't care who's fault it was, I still want to know why it was done. Mr. Odio: You're correct, Commissioner, we won't do it again. Mr. Dawkins: Thank you. Mayor Suarez: Okay, so items 15, 16, and 17, which are contingent on item 44 will also have to be pulled and I will now hopefully, be able to figure out all the ones that have been pulled with Commissioner Plummer's help, I'm sure. Mr. Plummer: 7, 8, 12, 18, 23, 24, 26, 31, 35, 36. Mayor Suarez: And 15, 16, and 17. February 13, 1986 3 Mr. Plummer: Well, they've been pulled by the administration. Mr. Carollo: Mr. Mayor, if I may, I could leave 35 on if I could just have a quick answer. Mr. Manager, on the agenda package it says approving and authorizing the acquisition by way of purchase or condemnation of the parcel of vacant land lying between N.E. 69th Street and N.E. 71 Street. It is Item 35. Now, what I want to be completely sure, that we're not authorizing the purchase of this land at any blanket price. Mr. Odio: No, sir, we have an order from you before. We offered the nignest appraised value and that is what we're going in with. Mr. Carollo: And the highest appraised value which was what? $725,000? Mr. Odio: Right. Mr. Carollo: Okay, I just want to make that clear for the record. Mr. Odio: If they do not accept that, we are asking for permission to pro- ceed on eminent domain. Mr. Carollo: All right, I'll leave 35 on the agenda then. Mr. Dawkins: And I need cldrification on 7 and 8. What is meant by annual renewal? Tnat is my only question? How are you going to award this annually? I mean if you bid it this time what makes it all right to award it annually without rebidding it? Mr. Odio: This is a contract for one year and every year it has to go out for bids again. Mr. Dawkins: It says renewal annually, now upon what basis do you renew it, just because they're good people? Mr. Plummer: Usually what it is, it is usually a three year bid renewable annually - three year prices renewed annually. Mayor Suarez: What is the meaning of renewable annually terminology there in item 7 and 8? Mr. Art Mullins: It is an option that we like to give the bidders and the City to renew or to extend without having to rebid if at the same prices, conditions and terms and so forth. Mayor Suarez: How many years? Mr. Mullins: It isn't set. Mayor Suarez: Well, we'd better approve just a one year contract here, I don't think you can approve something that is open ended like that. Mr. Plummer: That might be to our disadvantage, Mr. Mayor. If you're locking in 1986 prices I don't think they're going to go down in 87 and 88, I think... Mayor Suarez: If we could have the option to ourselves and not to them. Mr. Mullins: Yes, sir. Mayor Suarez: Is that what the contract calls for? Mr. Mullins: Yes, sir. Mr. Plummer: Sure, it is flexible both ways. Mayor Suarez: From our perspective here on this Commission, we're only approving one year but the contract calls for a renewability option and our option. Mr. Plummer: At the same prices. Mr. Odio: If what I understand what he is saying, if the prices change and we want to keep this contract, we can keep it at the same price. February 13, 1986 4 ;.s J Mr. Carollo: The only clause that I think I would include from the Commission's point of view and not in the contract, is that if we do intend to renew it after the year is up that it will be brought back to the Commission for final approval of the Commission. Mr. Odio: We have to. We have to do that. 1 Mayor Suarez: This is just a contractual right that we are approving and it is one that inures to our benefit. Can I just say something very quickly on that item, Commissioner? Madam City Attorney, just for the record, my firm represents, and I just noticed the item, Hector Supply Company in some mat- ters, I see that the amount of money involved is rather small. There is no conflict in my voting on this item just because my law firm represents Hector Supply Company? j Mrs. Dougherty: Do you have an ongoing relationship with that company? Is it a one time representation or are you the counsel for them at all times? Mayor Suarez: I believe we're counsel constantly and permanently for the parent company, yes. Mrs, Dougherty: You should abstain. Mayor Suarez: Thank you. Why don't we pull tnat one out then so we can take a separate vote on that that I can abstain on. Ms. Hirai: Mr. Mayor, what item would that be? .9 Mayor Suarez: That would be item 7. Item 8 you're satisfied with, Commis- s sioner? Mr. Dawkins: Yes, Mr. Mayor. Now I come to 12. I want to pull item 12 and r continue it to March 13th. Mr. Odio: Commissioner, may I address that? — Mayor Suarez: Please go ahead. Any time we want to continue something I like to know why. Mr. Odio: The request for cars was reviewed by committees and there was about a 278 car request, it was cut down to just the patrol cars. All the other cars were not purchased, at a huge savings, I think it was two - and - a- half million dollars. At the time that we decided to approve the 78 cars, I was told by the Police Department that if we did not get patrol cars in this order a this year we would be in serious trouble patrolling the streets. They do have a shortage of cars, they do break a lot of cars and we need to have this number. If we lose this, the last day we have to order these cars is February 27th or we won't be able to order them this year. So I ask you to reconsider. Mr. Dawkins: You can have them, but provide me with the following informa- tion prior to March 13th - I'm going to give it to you, here it is : (1) I want to know how many City Police Department vehicles leave the City limits J transporting employees home daily. (2) I want to know how many police pursuit vehicles do we have, what is the ratio to the number of uniformed officers on duty of each shift and the street officers not assigned to a desk, the total amount of dollars spent in fiscal year 84-85 for gas and maintenance on those vehicles that left the City limits and the approximate amount that would be possibly saved if no vehicles are allowed to leave -the City limits except on day to day City -related basis. You provide me with that and I will pass 12. Mr. Odio: Okay. By March 13, sir? Yes, sir. f Mayor Suarez: Commissioner, do you still want that item pulled or are you ready to vote? 9 a Mr. Dawkins: No, I'm ready to vote. Mayor Suarez: Okay, we'll leave that one in then. Do you still have the count, Commissioner Plummer? j: Mr. Plummer: Yes, the next one is 18 by Dawkins. '! February 13, 1986 5 Mayor Suarez: While we look at item 18, can we have a vote on the Consent Agenda other than the items pulled? Do you want to take a vote on the Consent Agenda other than this item so we can proceed a little bit more smoothly here? Mr. Dawkins: All right, I move it. Mayor Suarez: It has been moved. Do we have a second? Mrs. Kennedy: Second. Mr. Dawkins: I'm going to leave 18 in too, Mr. Mayor. Mayor Suarez: 18 is back in the Consent Agenda. We have a move and a second. Any further discussion? Please call the roll. The following resolution were introduced by Commissioner Dawkins, second- ed by Commissioner Kennedy and passed and adopted by the following voLe- AYES:Commissioner Joe Cdrollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins j Mayor Xavier L. Suarez NOES: None. ABSENT: None. 3.1 CLAIM SETTLEMENT - MINNA BENSON - $13,500 RESOLUTION NO. a6-74 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MINNA BENSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $13,500.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.2 8TH ANNUAL COCONUT GROVE BED RACE - STREET CLOSURE, ALLOW SALE OF BEER AND WINE FOR ONE DAY. RESOLUTION NO. 86-75 A RESOLUTION CONCERNING THE 8TH ANNUAL COCONUT GROVE BED RACE, WHICH IS TO BE HELD MAY 18, 1986, COSPONSORED BY THE MUSCULAR DYSTROPHY ASSOCIATIONI AND THE CITY OF MIAMI, DEPARTMENT OF PARKS AND RECREATION; CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC ON THAT DATE DURING SPECIFIC HOURS AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO ISSUANCE OF PERMITS BY POLICE AND FIRE DEPARTMENTS; FURTHER ALLOWING THE SALE OF BEER AND WINE FOR A ONE (1) DAY PERIOD UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE DAY CONCESSION AGREEMENT WITH THE M.D.A. IN SUBSTANTIALLY THE FORM ATTACHED HERETO; SAID AUTHORIZATION AND APPROVALS BEING CONTINGENT UPON COMPLI- ANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRE- SCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) February 13, 1986 6 3.3 MIAMI MAGIC CELEBRATION - AUTHORIZE STREET CLOSURE AND SALE OF BEER AND WINE AND FIREWORKS UNTIL 12:00 MIDNIGHT APRIL 19, 1986. RESOLUTION NO. 86-76 A RESOLUTION CONCERNING THE MIAMI MAGIC CELEBRATION TO BE CONDUCTED BY THE JUNIOR LEAGUE OF MIAMI, TO TAKE PLACE IN DOWNTOWN MIAMI ON APRIL 19, 1986, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND ASSURANCES THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; FURTHER AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL STATE PERMITS; AND FURTHER RELAXING THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON APRIL 19, 1986, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPEC- TION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.4 PERMIT FIREWORKS DISPLAY IN CONNECTION WITH THE MIAMI FILM FESTIVAL UNTIL 12:00 MIDNIGHT, FEBRUARY 16, 1986. RESOLUTION NO. 86-77 A RESOLUTION RELAXING THE TIME LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON FEBRUARY 16, 1986 FOR THE MIAMI FILM FESTIVAL, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPEC- TION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.5 BID ACCEPTANCE: AVIS-RENT-A-CAR FOR RENTAL VEHICLES„ DEPARTMENT OF POLICE - $171,780. RESOLUTION NO. 86-78 A RESOLUTION ACCEPTING THE BID OF AVIS-RENT-A-CAR FOR FURNISHING APPROXIMATELY THIRTY FIVE (35) FULL SIZE RENTAL VEHICLES TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $171,780.00; 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 SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) f February 13, 1986 7 I it 3.6 BID ACCEPTANCE: RIGHT SAFETY WARE FOR VITON S BUTYL ACID ENCAPSULATED SUITS 6 RELATED ITEM TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES - $15,319.88. RESOLUTION NO. 86-79 A RESOLUTION ACCEPTING THE BID OF RIGHT SAFETY WARE FOR FURNISHING VITON 6 BUTYL ACID ENCAPSULATED SUITS AND RELATED ITEMS TO THE DEPARTMENT OF FIRE, RESCUE AND IN- SPECTION SERVICES AT A TOTAL PROPOSED COST OF $15,319.88; ALLOCATING FUNDS THEREFOR FROM THE 1976 b 1981 FIRE BONDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.7 BID ACCEPTANCE: J S L FEED & SUPPLY CO. AND HECTOR SUPPLY CO. FOR FURNISHING ANIMAL FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE - MOUNTED PATROL HORSES AND CANINE UNITS - $32,509.37. RESOLUTION NO. 86-80 A RESOLUTION ACCEPTING THE BIDS OF J b L FEED 6 SUPPLY CO. AT A TOTAL PROPOSED COST OF $679.25 FOR FURNISHING ANIMAL FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE -MOUNTED PATROL HORSES AND CANINE UNITS ON A CONTRACT BASIS FOR ONE (1) YEAR, RENEWABLE ANNUALLY, AT A TOTAL PROPOSED FIRST YEAR COST OF $32,509.37 ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE _Y PURCHASE ORDERS FOR THESE SUPPLIES. A (Here follows body of resolution, omitted here - :f and on file in the Office of the City Clerk.) 3.8 BID ACCEPTANCE: AGRI-VET INTERNATIONAL, KNOWLES ANIMAL HOSPITAL, NORDEN _ q LABS AND PARAMEX FOR FURNISHING FIRST AID TYPE SUPPLIES 6 SPECIALIZED GROOMING SUPPLIES FOR POLICE HORSES AND DOG UNITS - $7,115.03. RESOLUTION NO. 86-81 z A RESOLUTION ACCEPTING THE BIDS OF AGRI-VET INTERNATIONAL AT A TOTAL PROPOSED COST OF $4,880.69, KNOWLES ANIMAL HOSPITAL AT A TOTAL PROPOSED COST OF $1,092.00, NORDEN LABS AT A TOTAL PROPOSED COST OF $1,074.84 AND PARAMEX AT A TOTAL PROPOSED COST OF $67.50 FOR FURNISHING FIRST AID TYPE SUPPLIES AND SPECIALIZED GROOMING SUPPLIES FOR THE POLICE HORSES AND DOG UNITS ON A CONTRACT BASIS FOR ONE (1) YEAR, RENEWABLE ANNUALLY TO THE DEPARTMENT OF POLICE - MOUNTED PATROL AND CANINE UNIT DOGS AT A TOTAL PROPOSED COST OF $7,115.03; 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 THESE SUPPLIES. 3 (Here follows body of resolution, omitted here _ t and on file in the Office of the City Clerk.) 3.9 BID ACCEPTANCE: STARDUST JANITORIAL FOR CUSTODIAL SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER (LITTLE HAVANA) $22,73,4.60. i 4 February 13, 1986 8 RESOLUTION NO. 86-82 A RESOLUTION ACCEPTING THE BID OF STARDUST JANITORIAL FOR FURNISHING CUSTODIAL SERVICES AT THE MANUEL ARTIME COMTIU- NITY CENTER ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRA- TION AT A TOTAL PROPOSED FIRST YEAR COST OF $22,734.60; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 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.) 3.10 BID ACCEPTANCE - VALLE/AXELBERD & ASSOCIATES FOR PSYCHOLOGICAL SERVICES TO THE DEPARTMENT OF POLICE - $82,000. RESOLUTION NO. 86-83 A RESOLUTION ACCEPTING THE BID OF VALLE/AXELBERD & ASSOCI- ATES FOR FURNISHING PSYCHOLOGICAL SERVICES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPART- MENT OF POLICE AT A TOTAL PROPOSED COST OF $82,000.00; 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 SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.11 BID ACCEPTANCE: HEAVY EQUIPMENT TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY VARIOUS CITY DEPARTMENTS - $28,174.12. RESOLUTION NO. 86-84 A RESOLUTION ACCEPTING THE BIDS OF TWO (2) SUPPLIERS AS IDENTIFIED AND INDICATED ON THE ATTACHED TABULATION FOR FURNISHING APPROXIMATELY 8 ITEMS OF HEAVY EQUIPMENT ON A CONTRACT BASIS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY VARIOUS CITY DEPARTMENTS AT A TOTAL PROPOSED AMOUNT OF $28,174.12; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET OF THAT DEPART- MENT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSIS- TANT 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.) 3.12 BID ACCEPTANCE: JIM PEACOCK DODGE, INC.- $773,459.70 FOR 78 POLICE PURSUIT VEHICLES AND REJECTING BIDS FROM SIX BIDDERS. RESOLUTION NO. 86-85 A RESOLUTION ACCEPTING THE BID OF JIM PEACOCK DODGE, INC. AND REJECTING BIDS FROM SIX (6) BIDDERS AND AUTHORIZING THE PURCHASE FROM THE ABOVE SUPPLIER UNDER A STATE OF FLORIDA CONTRACT AT A PROPOSED COST OF $773,459.70, FOR FURNISHING APPROXIMATELY 78 POLICE PURSUIT VEHICLES ON A CONTRACT BASIS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY THE POLICE DEPARTMENT; ALLOCAT- ING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET OF THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AUTHO- RIZING 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.) 9 February 13, 1986 3.13 BID ACCEPTANCE: B. K. MARINE CONSTRUCTION - $31,150 FOR WAINWRIGHT PARK - BULKHEAD REPAIRS (SECOND BIDDING). RESOLUTION NO. 86-86 A RESOLUTION ACCEPTING THE BID OF B. K. MARINE CONSTRUC- TION IN THE PROPOSED AMOUNT OF $31,150.00, BASE BID OF THE PROPOSAL, FOR WAINWRIGHT PARK - BULKHEAD REPAIRS (SECOND BIDDING); WITH MONIES THEREFOR ALLOCATED FROM "WAINWRIGHT PARK RENOVATION" ACCOUNT IN THE AMOUNT OF $31,150.00 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.) 3.14 BID ACCEPTANCE: LANZO CONSTRUCTION CO. - $265,191.00 FOR CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMEIT N.W. 47 AVENUE. RESOLUTION NO. 86-87 A RESOLUTION ACCEPTING THE BID OF LANZO CONSTRUCTION CO. IN THE PROPOSED AMOUNT OF $265,191.00, BASE BID OF THE PROPOSAL, FOR CITYWIDE SANITARY SEWER EXTENSIONS IMPROVE- MENT N.W. 47 AVENUE, WITH MONIES THEREFOR ALLOCATED FROM THE "CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMENT" ACCOUNT IN THE AMOUNT OF $265,191.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.15 DECLARE CLOSED AND ABANDONED FOREVER CERTAIN UNNAMED, UNDEDICATED UNIMPROVED AND NEVER USED STREETS SHOWN ON PLAT OF "ROBERT'S SUBDIVISION OF TWO ACRES", PLAT BOOK "A", PAGE 21. RESOLUTION N0. 86-88 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY 3 OF MIAMI TO DECLARE CLOSED AND ABANDONED FOREVER THAT CERTAIN UNNAMED, UNDEDICATED, UNIMPROVED AND NEVER USED STREET SHOWN ON THE PLAT OF "ROBERT'S SUBDIVISION OF TWO ACRES" RECORDED IN PLAT BOOK "A" AT PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.16 ACCEPT COMPLETED WORK OF MET CONSTRUCTION, INC. FOR DINNER KEY MARINA - ELECTRICAL IMPROVEMENTS - $116,587. RESOLUTION NO. 86-89 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUC- TION, INC. AT A TOTAL COST OF $116,587.00 FOR DINNER KEY MARINA - ELECTRICAL IMPROVEMENTS; AND "AUTHORIZING A FINAL PAYMENT OF $18,129.60. (Herr follows body of resolution, omitted here c and on file in the Office of the City Clerk.) 3.17 ACCEPT COMPLETED WORK OF COMMUNITY ASPHALT CORP. FOR CITY WIDE RESURFAC- ING PROJECT - WYNWOOD/OVERTOWN/PARK WEST B-4499. February 13, 1986 3 10 3 RESOLUTION NO. 86-9C. A RESOLUTION ACCEPTING THE COMPLETED WORK OF COMMUNITY ASPHALT CORPORATION AT A TOTAL COST OF $599,029.24 FOR CITY WIDE RESURFACING PROJECT - WYNWOOD/OVERTOWN/PARK WEST B-4499; AND AUTHORIZING A FINAL PAYMENT OF $62,61.0.96. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.18 ACCEPT COMPLETED WORK OF TARGET CONSTRUCTION COMPANY FOR CITY HALL. CONFERENCE ROOM - $189,154.83. RESOLUTION NO. 86-91 A RESOLUTION ACCEPTING THE COMPLETED WORK OF TARGET CON- STRUCTION COMPANY AT A TOTAL COST OF $189,154.83 FOR CITY HALL - CONFERENCE ROOM; AND AUTHORIZING A FINAL PAYMENT OF $18,915.48. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.19 APPROVE COVENANT TO RUN WITH THE LAND PROFFERED BY BEBER-SILVERSTEIN b PARTNERS FOR NON-STANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY. RESOLUTION NO. ':36-92 A RESOLUTION APPROVING A COVENANT TO RUN WITH THE LAND PROFFERED BY BEBER-SILVERSTEIN 6 PARTNERS FOR NON-STANDARD CONSTRUCTION IN PUBIC RIGHT OF WAY; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID COVENANT IN SUBSTANTIALLY THE FORM ATTACHED HERETO ON BEHALF OF THE CITY. (Here follows body of resolution, omitted here and on file in Lhe Office of the City Clerk.) 3.20 AUTHORIZE ISSUANCE OF A SECOND DUPLICATE LIEN SALE CERTIFICATE TO REPLACE CERTIFICATE NO. 215 DATED MAY 26, 1982. RESOLUTION NO. 86-93 A RESOLUTION AUTHORIZING THE ISSUANCE OF A SECOND DUPLI- CATE LIEN SALE CERTIFICATE TO REPLACE A DUPLICATE LIEN SALE CERTIFICATE THAT WAS ISSUED TO REPLACE ORIGINAL LIEN SALE CERTIFICATE NO. 215 DATED MAY 26. 1982. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.21 FORMALIZE M 86-19 A AMEND R 85-1099 BY INCREASING ALLOCATION TO $35,000 TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM YOUTH BOXING PROGRAM 6 AUTHORIZING AGREEMENT WITH SAID AGENCY. am RESOLUTION NO. 86-94 A RESOLUTION FORMALIZING MOTION NO. 86-19 OF JANUARY 9, 1986, AMENDING RESOLUTION NO. 85-1099, ADOPTED OCTOBER 24, 1985, AS AMENDED, WHICH ALLOCATED AN AMOUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM SOUTH BOXING PROGRAM; BY AMENDING SECTION 1, INCREASING THE ALLOCATION TO AN AMOUNT NOT TO EXCEED $35,000 AND FURTHER AUTHORIZING THE CITY MANAGER TO EXE- CUTE AN AMENDMENT TO THE GOVERNING AGREEMENT WITH COCONUT GROVE CARES, INC., IN A FORM ACCEPTABLE TO THE CITY ATTOR- NEY; FURTHER AMENDING RESOLUTION 85-1024, ADOPTED OCTOBER 10, 1985, WHICH ALLOCATED FUNDS NOT TO EXCEED $2,000 PER MONTH FOR TWENTY (20) MONTHS FROM JANUARY 1, 1985 TO SEPTEMBER 30, 1986, FROM SPECIAL. PROGRAMS AND ACCOUNTS - CONTINGENT FUND, IN SUPPORT OF A REDUCTION IN RENTAL FEES AT THE COCONUT GROVE EXHIBITION CENTER FOR COCONTUT GROVE CARES, INC.; BY AMENDING SECTION 1, INCREASING SAID SUP- PORT BY AN ADDITIONAL AMOUNT NOT TO EXCEED $40,000 WHICH MAY BE APPLIED RETROACTIVELY FROM OCTOBER 1, 1985 TO SEPTEMBER 30, 1986, WITH SAID ADDITIONAL AMOUNT TO BE ALLOCATED FROM CONTRIBUTIONS - ENTERPRISE FUND. (Herz follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.22 INVITE THE NATIONAL CONFERENCE OF BLACK MAYORS TO HOLD ITS A.ti'.1 AL CONFERENCE IN DADE COUNTY IN APRIL, 1987. RESOLUTION NO. 86-95 A RESOLUTION OF THE MIAMI CITY COMMISSION, JOINING WITH THE CITY OF OPA-LOCKA, FLORIDA, AND DARE COUNTY, FLORIDA, IN INVITING THE NATIONAL CONFERENCE OF BLACK MAYORS TO HOLD ITS ANNUAL CONFERENCE IN DADE COUNTY IN APRIL, 198',. (Here follows body of resolution, omitted 'here and on file in the Office of the City Clerk.) 3.23 SUPPORT 1988 PUBLIC WORKS PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION; AUTHORIZE CITY MANAGER TO SUBMIT SPECIFIC PROJECTS FOR CONSIDERATION S TO SEEK FINANCIAL ASSISTANCE FROM UNITED STATES ARMY CORPS OF ENGINEERS. RESOLUTION NO. 86-96 A RESOLUTION EXPRESSING SUPPORT FOR THE 1988 PUBLIC WORKS PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF ENVIROh'MEN- TAL REGULATION; AUTHORIZING THE CITY MANAGER TO SUBMIT SPECIFIC PROJECTS FOR CONSIDERATION UNDER SAID PROGRA4 AND TO SEEK FINANCIAL ASSISTANCE FOR THEIR COMPLETION FROM THE UNITED STATES ARMY CORPS OF ENGINEERS THROUGH SAID STATE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 3.24 AMEND R 85-473 ALLOCATING $50,000 TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC. BY AMENDING TIME PERIOD. a { d February 13, 1986 12 RESOLUTION NO. 86-97 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 85-473, ADOPTED MAY 9, 1985, ALLOCATING $50,000 FROM FY-84-85 GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENT FUND TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC. IN SUPPORT OF THE THEODORE R. GIBSON UNITY AND COMMUNICATIONS CENTER, BY AMENDING THE PERIOD FROM NNE 1, 1985 - MAY 31, 1986 TO JULY 1, 1985 - JUNE 30, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.25 AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH GLADYS KIDD 6 ASSOCI- ATES, INC. NIKKI BEARS 6 ASSOCIATES, INC., A JOINT VENTURE, FOR PROFES- SIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR PHASE I OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. RESOLUTION NO. 86-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND GLADYS KIDD b ASSOCIATES, INC./NIKKI BEARE 6 ASSOCIATES, INC., A JOINT VENTURE OF TWO FLORIDA CORPORATIONS, AT A COST NOT TO EXCEED $115,500 FOR PRO- FESSIONAL PUBLIC RELATIONS/MARKETING SERVICES FOR THE PHASE I PORTION OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOP- MENT PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.26 AUTHORIZE LEASE AGREEMENT WITH HOPE PRESCHOOL, INC., TO OPERATE A PRESCHOOL AND DAY CARE FACILITY AT 7561 N.E. 1 AVENUE. RESOLUTION NO. 86-99 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN THE FORM ATTACHED HERETO, WITH HOPE PRESCHOOL, INC. FOR A FIVE-YEAR PERIOD, TO OPERATE A PRESCHOOL AND DAY CARE FACILITY AT 7561 N.E. 1 AVENUE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.27 ACCEPT PROPOSAL OF DURBIN, PARKS AND SAVEL TO LEASE 6 OPERATE THE MIAMI SPRINGS COUNTRY CLUB DRIVING RANGE AND PRO SHOP FACILITY; AUTHORIZE LEASE AGREEMENT FOR FIVE YEAR PERIOD. RESOLUTION NO. 86-100 A RESOLUTION ACCEPTING THE PROPOSAL OF DURBIN, PARKS AND SAVEL TO LEASE AND OPERATE THE MIAMI SPRINGS COUNTRY CLUB DRIVING RANGE AND PRO SHOP FACILITY, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH DURBIN, PARKS AND SAVEL TO OPERATE THE DRIVING RANGE AND PRO SHOP FACILITIES AT THE MIAMI SPRINGS GOLF COURSE, FOR AN INI- TIAL FIVE (5) YEAR PERIOD, WITH A FIVE (5) YEAR RENEWAL OPTION AT THE CITY'S DISCRETION, At A MINIMUM ANNUAL GUARANTEE OF $4,000 FOR THE DRIVING RANGE AND $3,000 FOR THE PRO SHOP. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.28 AUTHORIZE ACQUISITION BY PURCHASE OR CONDEMNATION OF LAND BETWEEN N.E. 69TH STREET AND N.E. 71ST STREET ON BISCAYNE BAY TO BE USED FOR PARK AND/OR MARINA PURPOSES. February 13, 1986 13 RESOLUTION NO. 86-101 A RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION BY WAY OF PURCHASE OR CONDEMNATION OF THE PARCEL OF VACANT LAND LYING BETWEEN N.E. 69TH STREET AND N.E. 71ST STREET ON BISCAYNE BAY IN THE CITY OF MIAMI, WHICH PARCEL CON- TAINS APPROXIMATELY 8.541 ACRES AND WHICH IS MORE PARTIC- ULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT -A', TO BE USED FOR PARK AND/OR MARINA PURPOSES; FURTHER AUTHO- RIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ALL NECES- SARY STEPS TO ACQUIRE SAID PROPERTY BY CONDEMNATION PRO- CEEDINGS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.29 AUTHORIZE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT - CERTIFIED LOCAL GOVERN- MENT PROGRAM, TO PARTICIPATE IN FEDERAL HISTORIC PRESERVATION PROGRV-1. RESOLUTION NO. 86-102 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, RELATIVE TO THE CERTIFIED LOCAL GOVERNMENT PROGRAM, TO PARTICIPATE IN THE FEDERAL HISTORIC PRESERVATION PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4. ORDER ALLAPATTAH HIGHI:AY IMPROVEMENT -PHASE II H-4507. Mayor Suarez: Item 23, Commissioner Dawkins wants this one pulled. Allapattah Highway Improvements. Mr. Dawkins: We, it says here funded by General Obligation Bond Funds for $2.5 million dollars and yet, you go over here and you list properties that it is going to be assessed against, and my concern is who pays the assessment for the low rent housing project that you've got on page 3, and who pays the assessment for Comstock Elementary School site? Mr. Don Gather: The School Board pays for the Comstock Elementary site, by permission, in other words they agree to pay that assessment and the low rent would be assessed at whatever, whoever owns the property would be assessed for that. Mr. Dawkins: Who owns it, the City, HUD, the Federal Government or whom? Mr. Cather: I don't know, but I can find that out for you, Commissioner, but we've done this in many other areas. Mr. Dawkins: All right, hold that up. Can you get that for me this after- noon? Mr. Cacher: Yes, I can get it for you in half an hour. Mr. Dawkins: Move it, leave it in, he is going to bring in the information. Mayor Suarez: Call the roll on 23. Any discussion? Call the roll. February 13, 1986 14 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-103 A RESOLUTION ORDERING ALLAPATTAH HIGHWAY IMPROVEMENT - PHASE II H-4507 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT -PHASE III H-4507. (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. 5. ORDER CULMER HIGHWAY IMPROVEMENT H-4520. Mayor Suarez: Item 24 I had asked to be pulled out. Anne Marie, did you want to address this item, 24? The Culmer Highway Improvement, or are you satis- fled? Ms. Anne Marie Adker: Of course, I'm not. Mayor Suarez: Please go ahead. State your name and address. Ms. Ann Marie Adker: I'm Ann Marie Adker, 407 N.W. 5th Street and that is in Overtown. First I would like to know the location of the so-called Culmer Highway. Mr. Dawkins: Mrs. Adker, according to this it bays highway park, Spring Gardens I g II, Spring Gardens corrected, Sunnybook and Sunnybook Second Edition. What that means, I don't know. Mayor Suarez: Do we have any street address at all down? Mr. Dawkins: Yes, here is a map, Mrs. Adker, and it doesn't come anywhere near Overtown. Ms. Adker: Well, Spring Gardens, you know, for the benefit of the funds coming in for community development, like everything else, was tagged on as a part of Overtown. So they are a part of Overtown, I do know that, but, I want to know where this highway is. You see... Mayor Suarez.: I think that is just a description, where it says highway improvements, I don't think there is any highway. It is just streets and alleys. We don't have a super highway going through there now. Mr. Cather: You see the rapid transit line goes along this street nere. This is the road that goes along the Sebold Canal after you cross Seventh Street, the Humpback Bridge is here, the cleaners is here, you go along this road here and then the rapid transit crosses here and goes up this way. This is the section of highway improvement here, along here over to the hospital area on loth Avenue. Ms. Adker: On, I see. February 13, 1986 15 Mr. Cather: This is where the Community Development building is, underneath the expressway. This is the Culmer area. Ms. Adker: Now, I want to know. (Inaudible conversation) No, we don't have a Culmer area. I am sick of this. I am sick of the City and the County naming... We've got too many names in one community. Mr. Dawkins: Pull 24 and continue it for a public hearing in the Culmer area and the Overtown area, please. Ms. Adker: Thank you - in the Overtown area. Thank you. Mayor Suarez: Wait a minute, Commissioner, we've got a motion to continue Item 24 pending public hearings. What kind of improvements are they, Don, that are supposed to be done there? Mr. Cather: These are standard highway improvements, rebuilding the streets, putting in new drainage, sewers, rebuilding the curb and gutter. It is right . adjacent to the Culmer Metro Railroad Station. A Mayor Suarez: If we change the name or the title, does that solve part of your problem, Ann Marie? s Ms. Adker: Yes, it does, because we've been trying for years to get rid of A that. You approved the name of Overtown, you remember. Mayor Suarez: I understand. We fully understand a community that wants to be r called in a particular way and not have every other area in the world called Culmer and if that is going to satisfy Ann Marie and Commissioner Dawkins, I don't see any problem in that, do you? Mr. Dawkins: The only problem is that you take Liberty City, you take Overtown and you take Culmer and you use them as springboards for federal dollars and don't a damn thing get done in those areas. That's our problem. So quit using it. When you use it, make sure the funds you acquire are put in that area. That's my problem, I don't know what Ms. Adker's problem is. Mayor Suarez: It is almost a river improvement, it is right up close to the river, as I can see it on the map. If we could change the name, that would be _ very helpful, really. Mr. Cather: We will, on the record... Ms. Adker: (INAUDIBLE) Change the name and somehow allow us to know what these allocations mean. What you did was you gave us an Overtown Advisory Board, a board to advise the City of Miami and you made that the monitoring mechanism for that particular area, and then most times when moneys were allocated for everything we know nothing about it. I feel as though that is how we get ripped off. Mayor Suarez: We have the same problem in the roads area and called for public hearings and we'll be voting on the item later today, but if you, Ann Marie, knowing the area as well as you do, have any objections to these improvements being done there because you think the people in the area might not want those so-called improvements to be done, is that the case, or are you satisfied now? Are you satisfied if we change the name? Ms. Adker: Wait, hold it. Now, I am not going to be the scapegoat here for the roads not being improved, I never said that. Mayor Suarez: No, that was a separate public hearing which resulted, at least in my estimation in my not wanting to vote for those improvements, but about these here, are you satisfied with changing the name? Ms. Adker: Yes, change that name, please. We would like some information on that. Where is the money coming from to do those improvements? And you fj called it a highway, is it a highway? ' 3}' Mayor Suarez: It's not a highway in the sense of an expressway by dny means, no. Highway is a generic term there I think for streets, avenues, etc., right? February 13, 1986 - 16 Mr. Cather: Yes, sir. This will be referred to, if the Commission approves it, as the Northwest 8th Street Road Highway Improvement and the funds are from the $35,000,000 Highway Improvement Bond funds approved by the voters. Mr. Plummer: Part of them. Ms. Adker: Yes, I'm satisfied with that. Mr. Cattier: What do you mean part of them? Ms. Adker: As long as it isn't coming out of Community Development again. Mr. Plummer: According to this you're assessing the property owners. Mr. Cather: We always assess the property owners. We originally assessed the property owners 100%. The last one came out to 16% to property owners. Mr. Plummer: I said part of your funds are coming from the General Obliga- tion, not all of them. Mayor Suarez: Right, a valid clarification. Thank you, Ann Marie. Are we ready to vote on it, Commissioner? Do we have a motion? Mr. Dawkins: Move it. Mayor Suarez: It has been moved, do we have a second? Please have a second. Mr. Plummer: Second. Mayor Suarez: Thank you. It has been moved and seconded. Any furtner discussion? Call the roll on Item 24. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-104 A RESOLUTION ORDERING N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT H-4520 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS 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 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. February 13, 1986 17 1 .9 6. DEFER ITEM 26, RE WASTE COLLECTION LICENSE FOR ANTHONY CILLIO, D.B.A. ATLANTIC SANITATION SYSTEMS. Mayor Suarez: We had pulled out also Item 26, Commissioner Dawkins, I be- lieve. Mr. Dawkins: Mr. Ingraham, first I'm going to ask that the City Attorney draw up a resolution for me that no more waste collection licenses be issued in the City of Miami until we find out what we're doing. Mr. Ingraham, how long have you been the Director of Solid Waste? Mr. Joseph Ingraham: Three weeks, sir. Mr. Dawkins: And in that three weeks time, will you explain to me the number of accounts that you have retrieved and how you retrieved them and how they left us. Mr. Ingraham: There have been approximately six that have come back to the City and basically it has come back through stepping up code enforcement and actually going into commercial businesses in reference to violations and giving them an opportunity to do what they have to or utilize the services of the City of Miami. That is the bottom line. Mr. Dawkins: And as you were retrieving these accounts, what did you find out, that they were reimbursed for us not serving them? Mr. Ingraham: Well, not just in these six, that's a part of the Code in reference to, it has been taken care of by Treasury Management Division of the Finance Department, but we found out as per the Code that there was a mecha- nism there where the private sector could be reimbursed and many have been reimbursed. Mr. Dawkins: Were they reimbursed? Mr. Ingraham: They were reimbursed. Mr. Dawkins: To what extent of taxpayers' money did we pay people for not hauling their garbage that you've determined up to now? Mr. Ingraham: Commercially, I would say you're talking about in the millions ! of dollars over the past years that we reimbursed to the commercial sector. Mr. Odio: We were refunding to businesses, we were actually rewarding them for dropping us, that is basically what we found. _ , Mr. Ingraham: Definitely. Mr. Odio: And there are 18,000 businesses in the City of Miami that are not using our services and we want to do something about that too. Mr. Dawkins: Madam City Attorney, will you draw me up a resolution and bring r it back this afternoon, that no more waste collection licenses be issued including this one for commercial waste collection and that until we can get a handle on attempting to make the Sanitary Waste Department self-sufficient. Mrs. Dougherty: Yes, sir, it would be a moratorium on waste collection licenses for a period of time and it would be my advice that you put a time certain. Mr. Plummer: Well wait a minute, I've got a question on that now. Mayor Suarez: This is just a request for drafting ... Mr. Plummer: I understand, let me go ahead. Mayor Suarez: Fine, I'm clarifying too, in the process. Go ahead, Commis- sioner. 18 February 13, 19.86 0 0 Mr. Plummer: To clarify, I don't know if this is a new business or an ongoing business. Mr. Dawkins: It is a says a new business and he's got two trucks. Mr. Plummer: Well, what my concern is, if you put a moratorium, if others dre involved that presently have clients and you don't give them a license to operate, what happens to those clients that they have during the moratorium period? Mr. Odio: They have to use the Solid Waste Department. Mr. Dawkins: This is only new applicants, J. L. Mr. Plummer: Is this only for the new ones? Mr. Dawkins: Yes. Mr. Plummer: Oh, Okay. Mr. Odio: Commissioner, if I may, I'd like to introduce, I don't know if you have met Joe Ingraham before, officially, he is the Director of Solid Waste and Gaston Arellano who is the Assistant Director of Solid Waste now, he comes to us from Eastern Airlines, he is an industrial engineer with experience in manpower use and equipment utilization. Mayor Suarez: Thank you. Mr. Plummer: So what are you doing, deferring 26? Mayor Suarez: No, I believe you just, you don't have any objections to 26 per se, for the future you're requesting... Mr. Dawkins: No, this one here is a new one. Isn't this a new application, 26? Mr. Odio: Yes. Mr. Dawkins: I want to deny it. Mayor Suarez: Okay, you have a motion to deny it for the moment. It can always be brought back up, I suppose. Okay, we have a motion to disapprove item 26. Mr. Plummer: I think you would be better off with a deferral until such time as the study is completed. Mr. Dawkins: So move to defer. Mayor Suarez: It will probably have the same effect, but why don't we do it that way. It has been moved to defer. We have a second. Any further discus- sion? Call the roll. Thereupon, the item was deferred by motion introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and passed and adopted unanimous- ly. 19 February 13, 1986 7. DEFER ITEM 31, re LEASE OFFICE SPACE AT NEW WORLD TOWER; INSTRUCT AD`IIN- ISTRATION TO LOOK IN BLACK GROVE FOR POSSIBLE OFFICE SPACE TO LEASE. Mayor Suarez: Item 31. Mr. Plummer: I'm asking that be deferred, I think it is too much money to spend - $96,000 a year for rent, I think we can find something cheaper and I think that I'd ask that at this time that be deferred. Mayor Suarez: Whdt department is going to be housed there, or is housed there, what is going on there? Mr. Plummer: It is immaterial what department is housed there, it is $100,000 a year and I think that is more than what we can afford, and as far as I'm concerned we look for something cheaper. Mr. Odio: Can we explain? Mayor Suarez: Oh, you definitely can explain because I want to know. Mr. Plummer: Tell me why you can't get anything cheaper. Mr. John Gilchrist: Well, first of all, it consolidates four separate depart- ments into one space and it transfers those departments from that existing building to another location so we're getting credit for that and so on. It is $18 a square foot. Mr. Plummer: Then you're using too much space and too much money. Mr. Gilchrist: Sir, it is tight space but it is maybe too much money. It is downtown, I doubt if we can find anything better than $18 a square foot there. Mr. Plummer: I'm sure we can't. There is a lot of vacant property in down- town. Mr. Carollo: Why do we have to go downtown? Mr. Gilchrist: I think it is $80,000 less than we are now paying in the scattered four places. Mr. Plummer: That doesn't make it right. I'm saying $100,000 a year is too much money. Mr. Herb Bailey: Well, Commissioner, you've obviously decided to defer this and we probably can get a chance to discuss it later but if it is too much now at $96,000, we were paying almost twice that amount before. We have reduced the total rent for the agencies that we are consolidating by over $80,000. Mr. Plummer: Well you might find yourself consolidated in with the DDA and the Off -Street Parking Authority. Mr. Bailey: We can't afford the DDA's rent. Mr. Plummer: You might get it free. Mr. Bailey: Well, now we can cake that. Mr. Plummer: They might not be there. Mayor Suarez: Herb, is this consolidation also effectuating bringing some departments closer together physically? Mr. Bailey: It is necessary, Mr. Mayor, because we nave taken four depart- ments that were scattered around doing similar functions and brought them under one director. Mr. Plummer: I applaud you for that. I think that is a great idea. February 13, 1986 20 Mr. Bailey: And in efficiency of operation we have to have them under one roof so we can manage it more efficiently. Mr. Odio: We are moving from an office that we were paying $50 a square foot to an $18, I mean $50,000 a year - $21 to $18. They were here in Coconut Grove in the Grand Bay Building. One part of the department is here, the other one is in downtown, the other one is over in ... Mayor Suarez: And what are the rates in this new building? Mr. Odio: $18 as compared to $21. Mayor Suarez: What is the lease term? Mr. Odio: One year. Mr. Plummer: It is renewable. Mayor Suarez: By whose option? Mr. Gilchrist: We're talking about 5 years at our option. We haven't negoti- ated the final thing, but the rate is $18, yes, sir. S Mayor Suarez: No escalation, no idea on that at this point? Mr. Odio: The idea of being in downtown, this Capital Project Division, Commissioner, was here in Coconut Grove, the biggest projects are in downtown in Bayside and Overtown/Park West, so that is where they really should be, in downtown. Mr. Plummer: I ask that it be deferred that we can look into the matter and try to find something cheaper. Mayor Suarez: Mrs. Gibson, you wanted to say something about this item? Very quickly, please. Mrs. Thelma Gibson: Yes. Thelma Gibson, 3661 Franklin Avenue. I sit here and I don't like to come to Commission Meetings because I could find all kinds of things that could be done, but I really think we could give them some space in the Black Grove for an office, and if they would consider that they could talk to me after this meeting, because I just believe that the City has spent all their money in areas that are not affected like our areas are and we could help change some of our areas, and if you don't want the Black Grove there is the Overtown Shopping Center where you moved that grocery store that we could put some people and I just believe that the time has come that we've got to consider other than Grand Bay and all these other, Mayfair and all those other places. Mr. Plummer: Is it true that you've offered property at $17.99 a square foot? Mrs. Gibson: I will offer them some property at $10 a square foot. Mayor Suarez: Did I hear $12.99? Mrs. Gibson: I will give you $12.99 or $10.99, believe me. I want that in the record. Mr. Plummer: Well, let me tell you where I'm at so you'll understand it. We're giving away today, on the agenda, for a good cause, a preschool, and we're giving that away for $400 a year and that is a fire station that we could actually have used that fire station at no cost other than renovation. Now, you know, no one can argue politically or otherwise with motherhood and preschool, it is a very important thing, but I think we have to worry about our in-house as well and when you stop and figure that the City derives revenue of $400 a year - just about a dollar a day - and we're turning around and considering spending $100,000 for just one division, I think it nas got to be looked at a little bit further. I see Roger Carlton getting up, I'm scared. Mayor Suarez: Okay, we have a motion to defer this item with I believe an additional instruction that you look around for less expensive property, possibly keeping in mind the Black Grove and other parts of the City that could use this kind of commercial activity - governmental activity. February 13, 1986 21 Mr. Plummer: Excuse me, Mr. Mayor, first I want discounted that we don't have any square footage available in the City, that we don't have to pay any rent at all. That's got to be discounted first. Mayor Suarez: I would like to know that too before voting on an item like this to make sure we don't have anything available. I presume we don't... Mr. Plummer: Well, don't presume that. Mr. Odio: Yes, sir. Mr. Plummer: No, because I'll tell you something, if I were running this ship and my profit depended on my bread and butter whetner I made it or I don't, I'd find space. That's what I'm telling the administration. You've got a building down on First Street and 9th Avenue not even being used. Tnat's right, the Little Havana Activity Center, you've got the whole auditorium that isn't even being used except for rare, rare occasions. Mr. Odio: You mean you want to convert the auditorium into office SpdCe? Mr. Plummer: Sir, I'm not trying to tell you what to do. I'm telling you, you have a lot of space available, and before you go getting even a cheaper rate to the public, I want to make sure that there is no City space available. You nave the Miami Bridge and the Police Station. I don't know what they are paying the City, but they are there more or less free of charge. I tell you an even better one. Old Fire Station Number 2, on Miami Avenue and 14th Street, the City owns it. I don't think the day-care is still existing there. I want to make sure that there is no free real estate available. Free means we own. I guarantee you if you send me out to do it, I'll find it. I'm just asking you to do the same because you get paid a hell of a lot more than I do. Mayor Suarez: We have a motion to defer this item with a variety of recommen- dations. It's been seconded. Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: - MOTION NO. 86-105 A MOTION DEFERRING CONSIDERATION OF PROPOSED EXECUTION OF LEASE AGREEMENT WITH I.R.E. REAL ESTATE FUNDS LTD. (FOR LEASE OF OFFICE SPACE AT THE NEW WORLD TOWER OFFICE BUILDING) TO A FUTURE MEETING; FURTHER IN- STRUCTING THE ADMINISTRATION TO LOOK AROUND POSSIBLY IN THE BLACK GROVE AREA, FOR SPACE WHICH IS LESS EXPENSIVE TO LEASE. j' Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Cdrollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I might add that if at any time it appears to me that the City needs this space to funccion on an emergency basis, the Commissioners will be surprised to find that we'll call a special Commission meeting to make sure that we can approve new space and that they're going to have to take a little time from other activities, because the City has to move on co function. I think the instructions and suggestions are very good otherwise. 1" y0 -1 February 13, 1986 22 3 8. COPELAND COMPANIES AS CO -ADMINISTRATOR OF CITY'S DEFERRED COMPENSATION PLAN Mayor Suarez: Item 36, Joe, state your name and address once again. Mr. Lou Moreno: My name is Lou Moreno, representing the United States Confer- ence of Mayors and Public Employees Benefits Services Corporation. The address is 21000 N.E. 28th Avenue, Miami, Florida. Mr. Mayor, fellow Commis- sioners, we're here to speak today reference to a resolution number 36 and some language in the resolution reference to the U.S. Conference, adding another deferred compensation program. The United States Conference of Mayors competitively bid the program on a national level in such cities as Chicago, Boston, Atlanta, Tampa, FL. Lauderdale, Hialeah are involved in the same program as the program was bid on a national basis. When the program was presented to the City of Miami for your consideration, the City of Miami also at that time went out and went for a request for proposals. Those proposals were analyzed by staff and by independent consultants of the City of Miami. The recommendation to the City Commission was to adopt the United States Conference of Mayor's Deferred Compensation Program, which the City did. The one particular language reference to the resolution says that, whereas the Copeland Companies have been recommended by various employees groups as an alternative plan, one of the most important things in a deferred compensation program is competition, because competition does keep the program competitive and that's what you want. You want the best possible products for your employees. Under the umbrella of the United States Conference of Mayor's program, they have seven different companies and eleven different options that are made available to your City employees. Every year the U.S. Conference of Mayors Advisory Board does review the program. There was a letter. If I may read it, not read it, but from the Sanitation Employees Association, basically saying that they were briefed on the merits of deferred compensation and the Copeland Companies. Well, I would like to have an opportunity to meet with them and not only brief them, but give them a complete detailed analysis. There was also a letter that was written in June of 1985 from the F.O.P. talking about the Copeland Program. I have a letter here and it was also mailed to you, Mr. Mayor, saying that presently the membership of the F.O.P. has been offered. the public employees benefit services program, and that they have heard nothing but praise from their members regarding the options and the services rendered by Pepsco and we are quite pleased that their members have the opportunity to participate in deferred compensation. We have another letter here reference to AFSME. The employees unions of AFSME have gone as far as endorsing the United States Conference of Mayors Program and also the International Association of Firefighters has also written you, giving you the opportunity of letting you know what they feel the track record is of our program and the results that we have provided to the City of Miami employees, where we have over 800 employees in the program. We have made a long term commitment to the City of Miami. There is competition within the seven different companies under the umbrella program of the United States Conference of Mayors. The program was a proposal where we were selected. If you were to add another company, that company should also be subjected to a bid. We would just make a comment on that. We look forward to a long stand- ing relationship in keeping the promises that we made three years ago and standing on the results. Mr. Dawkins: Mr. Dean, what is the policy dictated- by the Charter in refer- ence to the City Commissioners telling the bargaining agents who they can select for their personnel? Mr. Dean Mielke: Mr. Dawkins, I don't think it's the Commission's job to tell the unions who they can select. Mr. Odio: You cannot. Mr. Mielkv: I think more importantly, there is a fundamental question of competition and I think that's what you are talking about here. The Copeland people have asked to be considered. It was my understanding from the two unions that had written that they were interested in having it applicable to their members. What you are talking about is having a deferred compensation plan available to all City employees who at their option, if they were to 1 23 February 13, 1986 elect to take it, they could. If tney don't, obviously, they don't. What you are really talking about is competition. Mr. Dawkins: So the Sanitation workers decided on their own that they wanted Copeland. Is that right? Mr. Mielke: It is my understanding... I have a memorandum.... Mr. Odio: Yes, sir. Mr. Dawkins: Therefore, it's regardless of how much he goes back, if he can't convince the Sanitation workers to change their vote, we can't do anything about it. Is that right or wrong? Mr. Mielke: I think that is basically correct, but it really.... Mr. Dawkins: Basically is good enough for me. Mr. Moreno: Commissioner Dawkins. Mr. Dawkins: No, no, you wait; I'll get to you. You just hold your horses. So therefore, that is dead. Now the firemen and the policemen can choose who they want. Is that right? Can they choose who they want or not? Mr. Mielke: Yes, sir, but.... Mr. Dawkins: OK, fine, now, to you, sir. You have seven companies. Mr. Moreno: Seven companies, eleven different.... Mr. Dawkins: How many of them are headed by a Black? Of the seven companies that you work with are headed by a Black? Mr. Moreno: I have never checked into those statistics. Mr. Dawkins: Thank you. I have... I haven't either, but I'll tell you none. Now, how much equity do Black people have in your organization? Mr. Moreno: I do not have those figures, but we could present them at a later date. Mr. Dawkins: All right, Copeland is co -owned. They have a Black stockholder. I don't know, but he's way up there in the top echelon. So it's time that we, all of us, look at this when we decide if we're going to help each other, that we do that. The sanitation workers looked at that, and they saw that there's a bunch of Black people, they were going to help Black people and they made that choice. If you come back here with some Blacks in the high echelon, then I'm willing to listen to you. Mr. Moreno: I'm sure that if you give us the opportunity, that the companies that we do business with have Blacks in the top positions. Mr. Dawkins: No, equity, see, we don't need a job. We need to be able to retire and receive benefits. Mr. Moreno: I would ask for the opportunity to present that so I can go back and do some.... Mr. Dawkins: Ownership, don't tell me nothing about who works for you. Tell me who owns part of your company and how much. Mr. Moreno: I would ask for the opportunity to bring that back and forward it to this Commission and let me research this. I would also like for the opportunity to meet with the Sanitation Employees Association because to let them know about our program. Mr. Dawkins: Who gives that permission, the sanitation workers or us? Mr. Mielke: You do, sir. Mr. Dawkins: We give them the permission to meet with him? February 13, 1986 24 4 0 Mr. Mielke: No, not to that extent, but they can't offer any program chat you all don't approve for deferred compensation under the tax law. I think we're getting off the track a little bit, as I understand. Mr. Dawkins: No, we're on the track. Mr. Mielke: No, I'm not suggesting that you're wrong. Wnat I'm trying to clarify perhaps is that as I understand it, two of the employee organizations have asked to have this program. What we're suggesting is that if there is nothing wrong with competition, and that if you offer it, which is your rignt to approve it. Certainly these people can belong or not belong. What they're really asking for is an opportunity. Copeland is asking for an opportunity to market their products to people. Mr. Dawkins: I want him to understand that is his responsibility. He nas to go over and if they tell him no, don't come back here to us; because tnere is nothing that we cdn do about it. That's all. Mayor Suarez: For the record, and to maybe clarify some of this, I think we've gotten letters from, I know the F.O.P., and I know the Firefighters Union, and I don't know about the Sanitation Union. To the effect that they are satisfied with the current company. AFSME has written to what effect? Mr. Moreno: To endorse our program. Mayor Suarez: To endorse your program. Is AFSME precluded from selecting it if we don't vote to include it as a co -administrator? Mr. Mielke: If what you're being asked is to let all City employees wno arc eligible to apply for deferred compensation, and that would mean either anybody in any of those unions would have the opportunity, but it's the individual choice, meaning, if their members didn't want it, they obviously wouldn't have to take it. But if you don't pass it, then it means they nave no.... Mayor Suarez: Wait, now you confused tnings a little bit. Individual choice on a per union basis, or per individual basis. Mr. Mielke: Per individual basis. Mayor Suarez: If that union accepts that company as one that they want to deal with. Mr. Mielke: No, sir. Mayor Suarez: Once we decided that each employee has an opportunity to deal with whatever company he wants. Mr. Plummer: They have the right to elect. Mr. Odio: If you approve this, they will be able to choose between one or the other. Mrs. Kennedy: All we're doing is offering them a choice. Mr. Odio: That is correct. Mr. Plummer: That is exactly correct. What this gentleman is asking for is to give his company the exclusive right. He is not going to get that, because we are going to give an option. The City employees that are entitled to deferred compensation can still choose his company. They have the alternative of choosing another. We are not giving an exclusive right to any one compa- ny. Mayor Suarez: How can we, Mr. City Manager, embody that into a motion that gets this result, because I think that is the consensus of this Commission. Mr. Odio: If you pass this one, you arc doing just that. You are giving a choice to the employees to pick whatever company they want. Mr. Plummer: No, sir, we are not. February 13, 1986 Mr. Odio: Between the two. Mr. Plummer: Between the two is correct, or any other company that comes nerc and gets approved by this Commission. Mr. Odio: I'm saying between these two. Mayor Suarez: At this point it would be between these two, but any otner company, I guarantee you hearing the consensus of this Commission would also be included. Mr. Plummer: No, sir, not necessarily. It would depend on the packages. Mayor Suarez: I'm predicting the future and I shouldn't do that. Why don't we just go ahead and take a vote on tnis. We have a motion on the floor. Mr. Erny Fannatto: Mr. Mayor, I'd like to speak to this. Mayor Suarez: Better make it quick, Erny. Mr. Fannatto: Erny Fannatto is my name. I'm president of the Taxpayers League, the Homestead Tax Exemption League of Dade County. I want this straightened out. The unions and any organization tnat can make constructive recommendations to you as Commissioners and Mayor, you have the responsibil- ity and the authority to give the final judgement. You are responsible for the taxpayers money, not anybody else. Mr. Dawkins: For once, I nave the right to tell you you're wrong. You're wrong. Mr. Fannatto: No, I'm not wrong. The government belongs to the people. You are the elected officials of tnis community. Mr. Dawkins: But the union people elected me too. The union people pay taxes and elected me, just like you did. Mr. Fannatto: No, if they're going to make these recommendations, we'd be bankrupt. That's how it's going to wind up. Listen, you're just giving money to people that you're not sure which is the best. They can't make recommenda- tions. It's finalized. Mayor Suarez: Erny, I guarantee you that there's more choice here by individ- uals affected than any other single thing we've ever done in this Commission. Mr. Fannatto: What is that again? Mayor Suarez: There is more choice here, individubl choice on matters that affect individuals on this particular item than any other thing that we've done here. People will be able to select whichever plan they want of tnese two. That is as simple as that. Mr. Fannatto: They can do chat, but you have the final say which is the best. Mayor Suarez: I don't know which is the best. Mr. Fannatto: And there has to be some uniformity about it. Mayor Suarez: It's not really my role. Mr. Fannatto: Mr. Mayor, there has to be some uniformity about this too. Mayor Suarez: I'm not the affected individual, Erny, really. Mr. Fannatto: What you're doing for one, you have to do for everybody else, and you be the final judge, not anybody else. Mayor Suarez: Tnank you, Erny. We have a motion. Do we have a second? Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion? Hearing none, would you call the roll? February 13, 1986 26 The following resolution was introduced by Commissioner Kennedy, whu moved its adoption: RESOLUTION NO. 86-106 A RESOLUTION DESIGNATING THE COPELAND COMPANIES AS A CO -ADMINISTRATOR OF THE CITY OF MIAMI'S DEFERRED COMPENSATION PLAN AND ADOPTING AND ESTABLISHING SAID COMPANIES DEFERRED COMPENSATION PROGRAM AND ITS ATTENDANT INVESTMENT OPTIONS FOR THEE VOLUNTARY PAR- TICIPATION OF ALL ELIGIBLE CITY EMPLOYEES, ELECTED OFFICIALS, AND INDEPENDENT CONTRACTORS, SAID DESIGNA- TION, ADOPTION AND ESTABLISHMENT BEING AT NO COST TO y THE CITY; IT BEING UNDERSTOOD THAT THE ONLY OBLIGA- TION INCURRED BY THE CITY IS THE ADMINISTRATIVE EXPENSE INVOLVED IN COLLECTING AND DISBURSING EMPLOYEE y DEFERRALS. (Hera follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution wds 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 NOES: None. ! ABSENT: None. RM FOR THE RECORD: Mayor Xavier Suarez clarifies for the record that he abstains on item number 7 of the consent agenda. 9 FUND MIAMI DADE TRADE AND TOURISM COMMISSION INC. FOR SECOND QUARTER OR UNTIL MAY FIRST Mayor Suarez: Mrs. Gibson, your item is 82. We're going to take you right - --- now, but only your statement. Then we'll go back to that... You are going to defer to someone else? All right, we'll take up item 82 in deference to Mrs. Gibson. Just wait a second, please, Tom, Nat. Mr. Albert E. Dotson: I'm Albert E. Dotson, Chairman of the Miami Dade Trade and Tourism Commission. I come to speak to you this morning asking you to not look at us as a social agency. We have been asked to go to T.I.C. for t funding. Our representatives have met with them and it's almost been impossi- ble to get anything reasonable out of them. Our funding was approved by you through 1986. We still have monies on that contract. We are asking if you please, instead of a month to month funding, that you give us ninety days, which is in the amount of $19,000 to continue this agency. We found over the last year that some 7,000 conventioneers in the last three months have spent some $3.3 million. This is a big business and we have every right to go after that business, but in order to do that, we need your help. Mayor Suarez: Al, let me ask you a question very quickly. Have you had any contact with the Conference of Black Mayors in connection with their 1987 convention? Mr. Dotson: Our representative is working on that, sir. Mayor Suarez: And you have had contact with them through whom specifically? February 13, 1986 27 Mr. Dotson: Mayor Reiley of Opa-Locka. Mayor Suarez: Our own Mayor Reiley. He's the head of the committee too, I believe. Mr. Dotson: Right. Mayor Suarez: How many people would attend that convention? Do you have any idea? Go ahead and complete your presentation. Mr. Dotson: Mr. Mayor, all I'm asking at this point is that we get a favor- able action from you toward our funding for 1986. All we're asking is for the $19,000 to carry us for the next ninety days until the funding can be worked out with the other agencies. Mayor Suarez: That would take you through the third quarter of the fiscal year that we're presently functioning under.. Mr. Dotson: Right. Mayor Suarez: If they got another ninety days, it would go up to July. Mr. Plummer: No, January, February, March. It would be the second quarter. Mayor Suarez: You are back in January as far as•funding? Mr. Plummer: Yes. Mayor Suarez: On, you just get February, March and April then. So it's not July; it's to May really. Mr. Plummer: Mr. Mayor, as you know, I have been the one who has been outspo- ken because I am your representative to the T.D.C. I have no problem with funding them up until the first of April. I have to remind this Commission that they were supposed to, from the inception, to work hand in hand with the Convention Bureau. The unfortunate problem is the fact chat T.I.C. has come into existence and those things have kind of thrown the water muddy. I would suggest that we pay that money from any monies allocated for the T.I.C. because that is monies that this City, if we do spend it, would be to bring convention business here. So at this time, I would move that this second quarter be funded up until the first of April and let them come back. At sucn time, I would ask that they bring back two things: first, their complete audit of the past year; second, that they bring back a list of those things that they can attribute to their work that they have produced. I move at this time that they be funded until the first of April. Mr. Dawkins: Second. Mayor Suarez: I think it's first of May. We're talking February, March and April. Right? Mr. Plummer: January, February, March. Mrs. Kennedy: It's February. Mayor Suarez: January was funded. Mr. Plummer: January was funded individually? Mayor Suarez: No, that was part of the prior. Mr. Plummer: I have no problem with the first of May. Mayor Suarez: It's ninety days, so it would be the first of May. That package which the Commissioner requested as part of the motion, make sure you get it back to us before we get another request. It's been moved and second- ed. Any discussion from the Commission? Please call the roll. February 13, 1986 to I The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-107 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO FUND THE MIAMI DADE TRADE AND TOURISM COMMISSION INC. FOR THE SECOND QUARTER OR UNTIL MAY FIRST FROM MONIES PREVIOUSLY ALLOCATED FOR THE T.I.C.; FURTHER REQUESTING SAID GROUP TO HAVE A COMPLETE AUDIT MADE OF THEIR OPERATIONS FOR THE PAST YEAR AND TO PREPARE A LIST OF ALL THE ACCOMPLISHMENTS THAT CAN BE ATTRIBUTED TO THEIR WORK. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following voLe- 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. 10 DISCUSSION OF FILM FESTIVAL FUNDING (See label 14) Mayor Suarez: Can we near from the Miami Film Festival representatives? We took up item 4, which I guess related to the fireworks, and we understood you wanted to make a statement or request. Mr. Plummer: Mr. Mayor, if I may. I tried to reach Mr. Chediak. I was unable to do so. I think he was out of town. I called his office, I think, twice. This is the Film Festival. Mayor Suarez: They expected to be heard on item 4, which had to do with. the fireworks; and it passed right through as part of the consent agenda. Mr. Plummer: Mr. Mayor, on Monday of this week, as your representative to the T.D.C., I appealed to the T.D.C. realizing that they have already through their sources, given $25,000 in cash to this organization, plus the request of 12,000 folders, which they needed for the publicity. I asked for funding for the film festival, if in fact it was the consensus opinion of that T.D.C. body that it was a good thing for this community and they wanted it to continue. It was the consensus and the request, which I was trying to pass on to Mr. Cnediak prior to today's meeting, that since it was already under way, that Jean Westphal and other members of council will meet with you if tnere is a deficit, and they will discuss the item as far as picking up the slack, they ` JI are not guaranteeing they will. But they will discuss with you picking up any slack that might legitimately occur of the Film Festival. So you have the guarantee of the T.D.C. that they will speak to you when you are concluded and you have your audit that if there is a deficit, that they will address that deficit and do what they can. Mr. Nat Chediak: For the record. Commissioner, we have not in any way, shape or form received $25,000 from the T.D.C. Mr. Plummer: It was our understanding, and you could be right, that you got It from the Arts Council. Mr. Chediak: From the Arts Council, yes. Mr. Plummer: That is T.D.C., sir. The T.D.C. sits over three facets: the z Arts Council, the sports, and promotion. All of those are umbrellas under the T.D.C. So you have received $25,000 and you did receive the 12,000 folders. They are willing sir, to address your deficit, which is something they had not 1 29 February 13, 1986 been willing to do before. So I just want that on the record, that we did have that guarantee from them on Monday of this week, which is what I was trying to call and convey to you, sir. Mayor Suarez: What does your deficit look like, Nat? Mr. Chediak: The $50,000 we had requested of the City. Mayor Suarez: It seems coincidental that the figure you had requested is exactly the same amount. Mr. Chediak: No, it may be $51,000 something or $48,000, but I mean.... Mayor Suarez: Did you assume a total sellout? Is that what you were basing it on? Mr. Chediak: Yes. Mayor Suarez: Did you get a total sellout? Mr. Chediak: We've multiplied our seats times ten and we are selling out, but that was projected. Mayor Suarez: And the projections are coming true? I mean, there is no way you're going to meet your expenses? Mr. Chediak: No festival ever does. I mean, it is a cultural, nonprofit event. No one, outside of two administrative positions, a full time secre- tary year-round, and a director of development for fund raising, is making a living out of this event. I mean, we see this as a service to the community and as a service to the City. Mr. Plummer: Well, I think this Commission is saddled with a number of things and I don't want to get into old rhetoric, but first of all, the monies that are to be expended by this City, as well as the T.D.C. are promotion monies. One, that it either gets us national exposure through the media or in fact it generates hotel rooms. These are the criteria that have always been set that have to meet the test. Of course, I'm not going to go into the fact that all festival monies have been cancelled. That stands on its own. Mr. Mayor, my suggestion would be, before this City allocates any money, we give the T.D.C. the opportunity to spend, which I consider to be the legitimate source from which those dollars should come. They have agreed that they will sit and talk with these people. I would say to you at this particular time that if the T.D.C. does not do what they have indicated they would do, then it would be appropriate to bring it back before this Commission to see what we can do. Mr. Dawkins: When we come back, where would we find the money? Mr. Plummer: I didn't say we would. Mr. Dawkins: Then let's tell them don't come back. Mrs. Kennedy: I think, Mr. Mayor,. that we have to find a way to help these people. If they go to Miami Beach, South Florida will still profit, but our City will lose the benefits that events like this generate. Mayor Suarez: I would entertain a motion to apportion $25,000 with the expectation that the best you're going to do from the Arts Council or T.D.C. is twenty-five. Mr. Plummer: No, sir, I wouldn't take that assumption at all. Mayor Suarez: If they don't, they will not get the $50,000 in any event, but at least I have $25,000. In fact, I would do more than entertain a motion. I will make that motion. Mrs. Kennedy: I second that motion. Mr. Dawkins: There is a motion, under discussion. Mr. Plummer: This, then, for discussion, this would come out of and break the policy that has been long-standing. Is that correct? February 13, 1986 30 Mr. Dawkins: If it passes, and if it passes, I wane to line up everybody who's been up here. I keep telling you guys this. Everybody who has been here and asked for money and we turned him down saying that we are cutting 3 corners and we're not going to fund things that are not critical to the critical services of the City of Miami. Next year there will be no revenue sharing fund. There will be a lot of no federal funds. I don't have to run, ' but you people who have to run, you're going to have to raise taxes. I'm going to tell the people I told you not to be giving out their money. It's just that simple. Mr. Plummer: Under discussion, Mr. Manager, if this motion were to be ap- proved, where would the money come from? Mr. Dawkins: That is unfair, J.L., to put him on the spot. Mr. Odio: I do not have any money allocated in the budget for the Film Festival. Mr. Dawkins: Or any other festival. Mr. Odio: No, sir, I don't. Mrs. Kennedy: Again, I disagree. This is not just another festival. I think that events like this that bring life to the downtown area should be regarded s as not just another festival. Mr. Odio: Commissioner, if I may, I have been trying to get some money for them out of the private sector. I met with somebody yesterday by the name of Pat Skubish, who said she might come up with $25,000 by tomorrow. I hope she can. In the meantime, we have given them in -kind services for the Gusman E Hall. They are not paying rent for that. UNIDENTIFIED SPEAKER: We're paying rent for every single seat in that the- atre, sir. Mr. Odio: Ok, fine, you wane to do that, I'll agree with you, but I have ordered that you do not pay rent out of Gusman Hall, but if you want to pay, I'll be glad to accommodate you. UNIDENTIFIED SPEAKER: There are $3,000 that constitutes the rent. Mr. Odio: We will be refunding you, if you did pay. I am saying that I have given orders to give you the Gusman Hall free of rent. Now if you want to pay, I'll be glad to accommodate you. F Mayor Suarez: How much is that rental waiver? UNIDENTIFIED SPEAKER: $3,500. Mr. Odio: $3,500. Mr. Plummer: Call the roll. Mayor Suarez: Wait, discussion. Mr. Dawkins: Any further discussion? Mayor Suarez: Yes, let me say that I again, for myself am consistent that we a are slowly sunsetting any events like this and asking you, giving you the necessary thrust to go find monies elsewhere, but you have been an eminently successful event for the City of Miami. You bear the City of Miami's name. You bring us national and international acclaim, and lowering you to f $25,000... I believe last year you got $100,000. Is that correct? Mr. Carollo: Fifty thousand. Mayor Suarez: Fifty would be a 50% reduction, which I think would translate into 100% reduction to zero by 1987, and I think you would be well advised to proceed accordingly, assuming this Commission gives you any money this year. The money should be available, because we have by some estimates saved already from the current budget, figures anywhere from five to ten million February 13, 1986 31 dollars through a variety of consolidations and cuts. In fact, I have been told by the City Manager that a new director of Building and Zoning, assuming a department was created, would be considered with a salary of $60,000, not counting some of the other prerequisites of office, so we'd have more than enough money to fund you $25,000, if we were able to fund that individual salary and compensation. So I know the money is there somewhere and I know we have a City Manager that can find it, and on that basis, I'm ready to vote x in favor on my own motion. Mr. Dawkins: I beg to differ in that the $60,000 a year salary will be working to bring revenue to the City. They will be working producing servic- es and goods for the City. To equate a $60,000 salary to the gift of $25,000 is very unfair in my opinion, Mr. Mayor. I don't think that injustice should be done. Mr. Plummer: Point of question. Mr. Dawkins: We have to vote. Mr. Plummer: Point of question to the City Attorney. It is my understanding, Madam City Attorney, that this motion presently is out of order. It is out of order because there is a policy that would have to be changed first. Tnat policy is that there will be no funding. Before this motion could be voted upon, that would have to be revisited and completely reopened. Mayor Suarez: My motion would deviate from that policy in so far as it has to.... Mr. Plummer: I don't know that we can, that's the question I'm asking. The policy of this Commission is standing. There are no monies in the budget. Mayor Suarez: The Commission can change its policy anytime, Commissioner. Mr. Plummer: I am well aware of it. We make a motion first to open the thing back up. Mayor Suarez: My motion is so amended to reflect that we would to the extent of this particular motion change the existing policy. I am not going to be coming up against this policy every time. Mrs. Dougherty: Commissioner Plummer, if there is a resolution, you would specifically have to amend that resolution first. Mr. Plummer: First - yes that is correct. Okay, thank you. Mrs. Dougherty: Yes. We are going to research on whether or not there is a resolution. Mr. Plummer: Okay. Mayor Suarez: Nobody is even sure if there is a resolution. In any event, if that has to be done, I am sure we can come back and amend the prior resolu- tion, assuming that one exists and nobody seems to be sure that one even exists. My motion still stands. Mr. Dawkins: Do I know what I am voting on the motion, Madam City Attorney? Mrs. Dougherty: Not until the Clerk provides us with the information whether or not there is a resolution. Mr. Dawkins: So what do we do, vote on it pending the outcome of the resolu- tion? And if it fails, it is mute anyway, right? Mrs. Dougherty: That is true. Mr. Dawkins: Okay, call the roll, Madam City Clerk. Mr. Carollo: Can go over the resolution again, please? Mayor Suarez: The resolution, or the pending motion? Mr. Carollo: The pending motion chat we have. 32 February 13, 1966 Mayor Suarez: Okay, the pending motion is to allocate from existing; general revenues $25,000 to the Miami Film Festival for this year's operation. There is a question as to the existence of a prior resolution that would have to be first modified, or repealed for this to have validity, but we don't even know if one exists, so this particular motion is subject to our finding out if an existing resolution would bind this Commission. I can't imagine that it would, but, just in case. Mr. Carollo: And the pending motion is for the issuance of $25,000? Mr. Plummer: For this festival. Mr. Dawkins: And any others that come up, because if yuu all pass this one, I am going to be voting. I said I'm going to be voting on yes, if I get three votes, Mayor Suarez: That is not the pending motion, though. He asked about the pending motion. Mr. Dawkins: It is under discussion. We are discussing it. Mayor Suarez: Yes, but I mean, I want to clarify that that is not my motion. Mr. Dawkins: Okay, but my interpretation is, Joe, if they fund this, they have broken the rule that we said fund no festivals. Mayor Suarez: Yeah, that may very well be the implication of the motion. Mr. Dawkins: I want Calle Ocno, I want St. Patrick's Day, I want everybody to line up. Then when you line up, we are going to say yes. Mr. Carollo: Well, you have got Calle Ocho lining up the agenda today al- ready. Mr. Dawkins: You know, I am not going to sit up here and let us play pussy foot, and pick the ones we want and give them money and tell other people no. Now you have got to bt fair. You can be firm up here, but you have got to be fair. Now, if you are going to fund people, say we are going to fund them, and when you raise the taxes and you are running next year, I will just tell people "You know, they raised the taxes". I don't have to run for another two years, and maybe by then we will bring the taxes back down. You got the Manager trying to save money so that we can have money in the pot in order to take up some of the shortages to provide critical services - fire, police and sanitation, and recreation, and every time he cuts a corner over here, to put $1,000 over there to fund police and fire, and sanitation, we tell him to go take it and fund a festival. I mean, you are being unfair to the Manager! Mr. Plummer: Mr. Vice -Mayor, I offer a substitute motion at this time - the policy of this Commission be that we open up to all festivals who request funding. I open that up, and will vote against the motion, but to establish the policy of this Commission, I make a motion that we open up and reverse the old policy... Mr. Carollo: Mr. Plummer, you are out of order, since we have a motion standing already. Mr. Plummer: No, this is a substitute. Mr. Carollo: Okay, well, if you clarify it that way, then... Mr. Plummer: It is a substitute motion that this Commission open up its policy as relating to festivals, to all people who request funding. Mr. Dawkins: I am going to second the motion. Under discussion, I am voting no. Mr. Carollo: What I request of the maker of the motion is if ne would let us go ahead with this motion before we will take his up and discuss it. Mr. Plummer: If this motion passes, it precludes the second. 33 February 13, 1986 Mr. Carollo: I realize what you are trying to do, Commissioner, but again respectfully request that you would hold that off until we get done with resolution, then let's discuss yours a little further. Mayor Suarez: No, Commission Plummer, one does not preclude the other. If anything it enables the other. Mr. Dawkins: Any further discussion? Mrs. Kennedy: Yes, under discussion - I think that we are here to draw the line. I think that we just cannot fund anybody who comes in, but events that bring life to the downtown area, and publicity to the City of Miami, and I think, that that line should be clearly drawn by us. Mr. Plummer: Well, you know, in defense of that, of course it has to be said that each individual that appears, and has in the past, to this Commission, can make that same justifiable argument - that the Irish parade is that very thing, the SunStreet festival is a very important thing, Calle Ocho is very important, and you could go right down the line, and we will be right back at 2.2 million dollars a year of money that we can ill afford to spend at this time. I will withdraw my motion at this time, and we will see what is the motion of the Commission. Mr. Dawkins: Any further discussion? Call the roll, Madam Clerk. MOTION FAILED. Motion to fund Miami Film Festival ($25,000) failed by the following vote: AYES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins. ABSENT: None Mr. Plummer: Mr. Chediak, I still sir, will go with you hand in hand to the T.D.C. when you have your audit, which I have already offered to do. I can't guarantee you, sir, that they will give you the $50,000, but I pledge to you, that as a member and a direct representative of this Commission, that I will fight like a tiger for you. I have already put the foot in the door. Mr. Chediak: Thank you. Mr. Plummer: All right, sir. NOTE FOR THE RECORD: UPON BEING PROPERLY MOVED AND SECONDED,THE CITY COPDIIS- SION UNANIMOUSLY APPROVED CITY COMMISSION MINUTES OF THE MEETINGS OF SEPTEMBER 26, 1985 OCTOBER 10, 1985, OCTOBER 24, 1985 AND NOVEMBER 13, 1985. 11. ENDORSE POLICY TO ASSIST HAITIAN COMMUNITY IN NEED OF PRESENT POLITICAL UNREST. Mayor Suarez: Let us discuss this for a second ... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: ... okay, by way of an emergency item, not a pocket item, which we don't have anymore, and I know it has to do, and I saw you there sitting; I know it has to do with possibly finding some money and certainly supporting the cause of the Haitian people who are suffering under a change in govern- ment, and a lot of violence and a lot of misery for its people, and Ringo, I know you wanted to make a statement to that effect. Mr. Ringo Cayard: Yes. Ringo Cayard, 1 N. W. 62 Street, in Little Haiti. Last week Duvalier took off and left the Island. Of course, he took with him, 34 February 13, 1986 as you read, most of what the country had, whatever was left in the country. So right now we have a dilemma, which is some kids dying, because there is no medicine. Food, we can find some, through Red Cross and other agencies, but we definitely have a desperate need for medicine, so that is why I am here today to see what the City of Miami• would do to help out. Also, some other cities have been doing the same thing such as Quebec in Montreal, New York, and now we will se what Miami can do in order to help out, Mr. Dawkins: Mr. Mayor, I talked with Mr. Ringo about this, and I told Mr. Ringo that I would see what this Commission could do. I called three medical experts and asked them what should we do, and the first one said, "What do you want to do?" I said, "Well, there is tuberculosis, and other diseases", and he said, "Well, Miller, the first thing you have to find out is what strain of tuberculin it is, because all medicines do not treat one of all tuberculin. He said, "Secondly, you have to know what is needed", so they suggested that the City Commission appoint one of its members to attempt to get a team of doctors together to go down and assess the needs and to provide medicines. The second guy said he agreed, and the reason he said that was, that the United States, being a good fellow, sent a lot of medication to Nicaragua, that was never used because they sent the wrong medicine for what they need- ed; so I was coming today to ask the Commission for permission to see if we can't get a team of doctors together who will go down there and tell us what is needed, because for us to send somebody down there and not knowing what is needed is like putting a postage stamp on an incision for open heart surgery! Once the pressure builds up inside the chest, it is going to pop open. So ... Mr. Carollo: Miller, shouldn't maybe we take an initial step of contacting the State Department, and hopefully, they will know what is needed over there? Mr. Dawkins: Well, I was going to say that, Joe - what we have got to do, and then if we get a team of doctors to go down, if we got to get a team of doctors to go Joe, we have got to get the State Department to provide air service from our Homestead Air Force Base over there. Mr. Cayard: May I point out something. This is not a political issue that I am trying to face right now. What I am trying ... this is not a political issue. What I am trying to do ... Mr. Dawkins: It is not a what kind of issue? Mr. Cayard: A political issue. Mr. Dawkins: Who said it was? It is a humanitarian issue! This is a humani- tarian area. There is nothing political about it! Mr. Cayard: I know. I am explaining that. Mr. Dawkins: Yes, but I don't want you to stand up there and give the impres- sion to these people out here that we are trying to make this a political z football, or that we are trying to gain political patronage, or something off of human misery. That is wrong! Don't do Chet, that is wrong. Mr. Cayard: What I mean is that this is not a political gift. Mayor Suarez: You don't really need to make the clarification. Everyone understands it is not a political issue here. It is a humanitarian issue, Ringo. Mr. .Cayard: So, we are right now dying. We have kids who are dying right 3 now, because before Duvalier, they didn't have any aspirin or anything. What I was asking is to see if we could have some money set aside, you know? ... and then we send it to them - we could be tomorrow or the next day, but at least we would have some kind of money to buy the stuff. What good is it to go to Haiti with a team of doctors and then we have to wait two, three months before we get any kind of money. We need that right away, so that is the main problem. To go to Haiti is nothing, you know, but if we don't have the money, what is the point of going to Haiti? Mayor Suarez: Commissioner Carollo mentioned something about the State Department. Have you ascertained that if the U. S. has allocated any monies t< for emergency foreign aid, if there is such a thing? 5t' 35 February 13, 1986 s:Y Mr. Cayard: They just gave $60,000,000 to Haiti, but primarily for food and clothing and housing. Mayor Suarez: You know, we could probably du better than the amount ... I know you were mentioning before of $10,000, by having a radio marathon, certainly on the Spanish stations and asking people to donate money, and I would be happy to participate with you and try to get at least one station to agree to doing it. Mr. Cayard: Because, the idea is that if this City as a group gives some- thing, then we could go to the radio and snowball the whole process and go to Haiti with some kind of money. Mayor Suarez: I will entertain a motion from this Commission that we endorse the concept of finding all of the help and aid that we can for the Haitian people, including medicines, a team of doctors, as Commissioner Dawkins suggested, and work with you to see if we can get the money and/or supplies first on a voluntary basis. Mr. Dawkins: So moved. Mrs. Kennedy: Second. Mr. Cayard: Good. If you could get let's say, I don't know. I was thinking of having like $10,000 from the City. Mayor Suarez: And having the endorsement on the Commission will bt very helpful. Mr. Cayard: Exactly. Mayor Suarez: I think the consensus will be at this particular point in this Commission, from what I hear, unless someone has a different motion, that we don't allocate specific monies until we find out what the needs are, and if we can satisfy them with some kind of volunteer help and donations. Mr. Cayard: They did the same thing for Nicaragua and they did same thing for Mexico. The only difference, they didn't have two or three ... went there, before they start spending the money. My idea was to get the money and then we send two or -three people. I will be even willing to pay my fare there. Mayor Suarez: Okay, that doesn't speak to the motion, though, Ringo. We have a motion and a second. Any further discussion from the Commission? Mr. Plummer: May I understand the motion, please? Mayor Suarez: The motion is that this Commission endorse the concept that we, the Commission, and the City, work with Mr. Cayard to find ... first ascer- tain what the needs are and find donations, volunteer help, including sup- plies, and possibly even a team of doctors to go to Haiti, and otherwise cooperate with him to alleviate the situation in Haiti. Mr. Carollo: In other words, donations rather than and notte of the taxpayer's monies to be spent. Mayor Suarez: Right. If we nave a Commissioner that would like to lead that charge and wants to volunteer we can embody that. in a resolution - in my resolution. Mr. Carollo: Ace you volunteering ... Mr. Dawkins: I'll volunteer. Mayor Suarez: Commissioner Dawkins would head that effort. Do we have such a motion from someone? Mr. Plummer: So moved! Mrs. Kennedy: Yes! Mi Mayor Suarez: It has been moved and seconded. Any discussion? Call the roll. 36 February 13, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-108 A RESOLUTION OF THE CITY OF MIAMI COMMISSION ENDORSING THE CONCEPT OF ASSISTING THE HAITIAN COMMUNITY AND COOPERATING WITH COMMUNITY MEMBERS TO IDENTIFY FUNDING SOURCES IN ORDER TO OBTAIN FUNDS AND MEDICINES WHICH ARE PRESENTLY NEEDED IN HAITI ON ACCOUNT OF THE PRESENT POLITICAL UNREST IN THAT COUNTRY; FURTHER DESIGNATING VICE -MAYOR MILLER J. DAWKINS AS CITY LIAISON FOR THIS EFFORT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon bring 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. Mayor Suarez: That does not preclude your coming back at some point and asking for money, I suppose, Ringo, if you like. That is not to say we will be able to find it, but let's try the voluntary way first. 12. DISCUSSION OF $6,000,000 HOUSING CONSTRUCTION BONDS. (See label 39) Mayor Suarez: Item 38. Tnis is part of our revenue bonds for low cost housing. Mr. Bailey: Yes_, Commissioner, the item 38, which is very closely related to the other items, I think is 46. When we, about six months ago, began to approach the Miami banks to provide us with letters of credit to support a $43,500,000 tax exempt revenue bond issue, for the purpose of providing construction financing for housing, they made several conditions. Unfortu- nately, before the end of the year, we were not able to get all the commit- ments from the banks. Some of those conditions caused us to go back and create some different strategies, and one of them was to insure those banks, that we would be able to, at the end of the note period for the larger amount, that if there were any houses left over that had been financed from the construction notes, the City would guarantee to buy them, and the other condition was, that any model units that had to be put up for the purpose of pre -sale, that we would have to pay for those. We have no problem with the first condition in terms of being able to prey for the model units, but when it came to guaranteeing the second part, we had to come back and find a way in which to do that, and in addition to doing that, we also discovered that in order to have a perpetual activity that can carry on scattered site devel- opment and construction of low cost housing, that we should probably, with that guarantee, set up a permanent fund. We went to the Finance Deportment and we found a source of revenue that we could pledge that would float a small issue that would two things - provide us with a permanent source of construc- tion money for low cost housing, and also be used to guarantee the security, to give security to the bank to issue the $40,000,000 worth of letters of credit. This $6,000,000, is the amount in principle that can be floated. We will probably will get somewhere around $5,000,000 for that. That $5,000,000 will be there to insure that if there are any houses left over from the larger issue, that the City can buy them back, or even put that up for security, and not only that, we can use it in perpetuity for scattered site housing througn- out the City. 37 February 13, 1986 Mayor Suarez: Now, what kind of bonds exactly are these, the $6 million? Item 38, is that it? Mr. Bailey: Since they are tax exempt revenue bonds, they are secured by franchise fee from Bell Telephone - a $600,000 item. Mayor Suarez: Okay, these are sort of like an enabling bond, really, chat we are approving here. Mr. Bailey: It is a support bond, an enabling bond that will give us the... Mayor Suarez: What happened to the $43,500,000 bond issue that we were... Mr. Bailey: That is item 46. Mayor Suarez: It is on item 46? Mr. Bailey: Item 46, and the $6,000,000 is a part of that to secure the letter, yes. Mayor Suarez: Item 46 says to me $60,000,000, and makes reference, at least in the briefing that we got from the City Manager to Overtown/Park West. Mr. Bailey: That is correct. Mayor Suarez: But, the $43,500,000 bond issue that you and I have been talking about, and you have been informing this Commission, is not restricted to Overtown/Park West, it is supposed to be scattered site housing in the entire City, in any needy area, and has nothing to do with the Overtown/Park West project. Mr. Bailey: That is not true, Commissioner. I won't say that is not what you believe, but the explanation that I have been giving all along, and the legislation that would enable us to do this, was tied to the first phase of the Overtown/Perk West redevelopment project, and in fact, it started out as bring the construction financing vehicle for the home ownership houses in the first phase of Overtown/Park West. We since then expanded it to include scattered sites. Mayor Suarez: How much of the $43,500,000 was supposed to be for Overtown/Park West? Mr. Dawkins: All of it, Mr. Mayor... Mayor Suarez: That is not my understanding. That is not my understanding! Mr. Bailey: No, that is not... not. Mayor Suarez: If that is what it is, it is going to head for a negative vote from myself, I will tell you that! Mr. Bailey: The $43,000,000, which can only be issued because of the legisla- tion •ae have grandfathered into the tax bill for Overtown/park West has been expanded to include scattered sites and Overtown/Park West, The $6,000,000, and that $43,000,000 expires in 36 months. The $6,000,000 is expected to go out for a 20 year period of time. Now, the reason, we got involved with this in the first place is that we had to provide a way of constructing housing, and in the first phases of Overtown/Park West, that will be away which the developer could reduce the cost of those houses so that they can reach low and moderate income people. We started out, and this Commission approved, over six months ago, reference to the for $60,000,000, and that is what you see there - the resolution for $60,000,000 for us to go out and get an underwrit- er, which this Commission approved - Ellis Rothschild, to carry out this process to do the construction note for the low, and moderate income housing. We expanded that to include other scattered sites throughout the City in addition to Overtown/Park West, because we will not use all of the $43,500,000. Mr. Dawkins: Mr. Bailey, I am confused. Maybe you can help unconfuse mc. The $60,000,000 that is mentioned here, and it says - Overtown/Park West, is that correct? 38 February 13, 1986 Mr. Bailey: That's correct. Mr. Dawkins: Now, you are telling me that part of that $60,000,000 can be used in Coconut Grove, can be used in Liberty City, can be used in Little Havana and can be used in Wynwood. Is that what you are telling me? Mr. Bailey: That is correct. The original resolution that was passed was specifically for the Overtown/Park West project. Mr. Dawkins: Okay, now we have got $60,000,000. We've got approximately six target areas. Are you telling me that this Commission can earmark $10,000,000 for each target area? Mr. Bailey: You can earmark it only for the developer that needs it. Mr. Dawkins: Ah han! And where are the developers, sir? Mr. Bailey: In Overtown/Park West. Mr. Dawkins: So, it is not for the rest of the City! Mr. Bailey: No, no. Yes, it is! When we passed the resolution, the only thing we were dealing with at the time was Overtown/Park West, and we needed a source of revenue to provide below market rate construction financing. When we got involved with this after that, we found that we probably should be able to expand this to include other scattered site housing throughout the City, because there was a need. Mr. Dawkins: And we threw in the $6,000,000 as a catchall, so to be able to get us to go for the $60,000,000, and say we are going to take $6,000,000 for the rest of the City of Miami. Mr. Bailey: No, no, that is not true. Mr. Dawkins: Okay, what is true, then? Mr. Bailey: That is required by the local banks in order to provide us with a letter of credit to support the $60,000,000. We have five banks already that have committed to provide us with... Mayor Suarez: What is the total commitment of the five banks now for standby letters of credit? Mr. Bailey: $40,000,000. Mayor Suarez: $40,000,000? Mr. Bailey: Yes. Southeast Bank, Pan American Bank, Sun Bank, Barnett Bank, and Florida National. Mr. Dawkins: Of that $40,000,000, how much of it is in Overtown? 4. Mayor Suarez: Do you have any estimate? I mean, I know we don't know in advance, but this Commission would like to at least have an idea of where you are headed with this low cost housing. Mr. Bailey: We have estimated that based on what the developers have commit- ted themselves to build and home ownership housing, somewhere around $19,000,000 to $20,000,000. Mr. Dawkins: So out of the $43,000,000, $19,000,000. Now, is any of that predicated on the H.U.D. money we didn't get? Mr. Bailey: No, it is not, but it is predicated on the developer being able to deliver a low cost house... F Mr. Dawkins: Okay, all right. Mr. Bailey:... because-, if we can't provide them with the low market rate t' construction financing... February 13, 1986 39 Mr. Dawkins: But, the $6,000,000 is the scattered housing. Mr. Bailey: The $6,000,000 is also the collateral guarantee - it is a backup. And now with the... Mr. Dawkins: Well, the $43,000,000, is that the scattered housing? Mr. Bailey: That is the scattered site housing, but only as a 36 month life. Mr. Carollo: Herb, you know, I am getting, I think, as flustered with this as Commissioner Dawkins, and maybe some others here. My main priority, in what I thought we were looking at, if we are to approve these bonds, is Overtown/Park West. I know there are needs other places, but if we are going to truly make a major impact, in particular, an impact that is going to help also the rest of the City economically, and what I am talking about is what we have dis- cussed, if we can housing to start developing Overtown/Park West, downtown will be helped more, and that is going rolling over, where more people will come, build office buildings, come to work downtown, instead of going some- where else, will live in the City of Miami. That is my concern. At the same time, we will have housing that is affordable for the people that we have in Overtown/Perk West, and people that work downtown, that don't make the huge salaries - the little people, that make $10,000, $12,000, $15,000, $20,000 a year. Mr. Bailey: That is the intent of the bond issue, Commissioner, and... Mr. Carollo: See, but this is being opened to many ways, and all of a sudden, maybe there might be a handful of developers who we don't know about yet, that might have enough have enough friends on this Commission, or political pull, and they pressure three members of this Commission to forget about putting all that money over there -"Let's put some money over here where we have got some land," where we can build some houses, and at the same time, where they are going to make a heck of a deal for themselves, and this is what I don't want to happen - or maybe at another Commission, that won't be the same one that is sitting here will come in and do the same thing to help some personal friends of theirs. Mr. Bailey: Well, Commissioner, the $40,000,000, or the $60,000,000, whicnev- ar you want to call it, has always been intended as a part of Overtown/Park West redevelopment financing package, and incentives that were being provided by the City. In order to make that happen, a lot of intricate financial activity had to take place, especially when you had to get local banks in- volved, and our way of trying to address the local bank issue, we came up wick another way in which we could do it for which the City of Miami would not have to put up any of its money, and the $60,000,000 came about. The rationale in terms of the $40,000,000 being used outside of the Overtown/Park West area was based on the fact that based on what the developers had proposed for us, we would not able to use all of that money. Mr. Plummer: Well, who made that decision, that you could use part of that money for outside of the Park West/Overtown? Mr. Bailey: Before December 31st, that was just part of the law - it was a flexible law, and we just did not... Mr. Plummer: Excuse me - did this Commission make that decision? Mr. Bailey: Well, I just presented it to the Commission. We never passed on the item. Mr. Plummer: So, in other words, at this particular point, unless this Commission makes a different policy, all of that money is... Mr. Bailey: Is Overtown/Park West. Mr. Plummer: Is committed to Overtown/Park West... Mr. Bailey: Absolutely. Mr. Plummer: ...and cannot be used in any other area. Mr. Odio: That is correct. 40 February 13, 1986 Mr. Bailey: That is correct. That does not apply to the $6,000,000. Mr. Plummer: The $6,000,000 is based on a wrap around, or a backup. Mr. Bailey: That is a backup, yes. Mr. Plummer: So that is not going to be used for building houses. Mr. Bailey: No, it is based on a guarantee of collateral backup, and it also can be used to build houses in other parts of the City for scattered sites. Mr. Plummer: Who made that decision? Mr. Bailey: Weli, this is what we are presenting now. You will have to... Mr. Plummer: No, no, we are not going co make that decision. We are going to make that decision because this Commission has a commitment to Park Overtown. Mr. Carollo: Absolutely! Mr. Plummer: and as far as I am concerned, I will only vote that any of tnese monies will first and foremost be used and address the problems. Now, if for some reason, in the j6 month run, you cannot complete it, then you will come back to this Commission, and this Commission will decide, if in fact, that other money shall be spent elsewhere, which we are not going to be intended to do. We could, of course, designate it to Liberty City, but what the commit- ment of this Commission is, is to the Park Overtown. Mr. Bailey: Well, that is the decision before you, Commissioner. Mr. Plummer: Well, no, it is not the way it is written here! Mr. Bailey: Well, you know, we presented the entire package, and if any time... Mr. Plummer: No, excuse me. As it is before me voting today, it is autnori- zation of the $6,000,000 against the Southern Bell franchise, which is declin- ing. Mr. Bailey: We have 2- years on that contract, so that is pretty fixed. Mr. Plummer: It is still declining. With a divesture, you might not have anything in a year or so. That is the bank's problem. They are willing to accept it. What I am saying is, the only way that I vote here today, is, that if all of the monies, the .$40,000,000 and the $6,000,000, are committed to Park Overtown - at $60,000,000 and $6,000,000, if in fact, you were to be unable, and I can't believe that, Chat would happen, but if you were unable to accomplish that, that this Commission would be the only answer as to those excess monies being used anywhere else. Mr. Odio: Commissioner, we are here to ask you for a policy. If you decide that, that money is to be used only in Park West Overtown, it is your deci- sion, not ours. Mr. Dawkins: He didn't say Park West/Overtown! He said Overtown. Mr. Bailey: Well, I am sorry, Commissioner, we sometimes shorten the title, but the only project we have any bond issue considered is the 0vertown/Park West project. Mr. Dawkins: But, there again, who decides where it will be spent? Mr. Bailey: It can only be spent in a nine -block area, that is by law. Mr. Dawkins: See, now, that is what I have been saying and that is what the Mayor came on board saying, that is what Joe has been saying, all along. You don't give a damn about Overtown! You took a part of Overtown only, and ` locked it into Park West in order to get federal dollars, and you tell me now that a nine block area is all that you are concerned with. Who can tell me N how many blocks in Overtown? How many blocks in Overcown? °' February 13, 1986 1% V Mr. Bailey: That is not exactly what it is, Commissioner. Mr. Dawkins: How many blocks in Overtown? Mr. Bailey: We have 240-acres, which, over 60% is in Overtown. We are doing it in phases. The first phase includes nine blocks. That is the only way we can proceed. Mr. Dawkins: But, I said from day one that nobody is concerned about Overtown. You all are concerned about Park West/Overtown, and that is only three or four blocks. Mrs. Kennedy: Yes, we are, Commissioner. Yes, we ore. Mr. Plummer: May I ask a question? Mr. Bailey: I think... Mr. Plummer: The question that I have to ask, because of possibly the misno- mer of the name, is there any reason why part of the $60,000,000 and $6,000,000 cannot be used in Overtown. Mr. Bailey: We do nave on this agenda other packages involving housing for the rest of Overtown, toddy. Mr. Plummer: Answer my question. Is there any prohibition against any of the 60 and 6 being used in Overtown? Mr. Bailey: There is no immediate prohibition on the 6, until we get an effective date on the tax legislation, there might be a prohibition on the 60 other than in the nine block area. Mr. Plummer: Why? Mr. Bailey: Because the tax bill, which does not have an effective date, actually outlaws tax exempt financing. The reason we are able to do tn1s, we got some transition legislation in on both bills, and it was championed by Congressman Pepper, to enable us to continue what we had already started, and what we had already, yeah, grandfathered in, and what we had already started, and the only thing we could legitimately ask for at the time, was those nine ' blocks that this Commission had approved. Now, we have an absolute guarantee that we can do the nine blocks. We can do the rest of Overtown with the $6,000,000 without the grandfathering. However, it is Bond Counsel's opin- ion, as it is our opinion, that the effective date of the tax bill would not be l/l/86, it will be l/l/87 sometime, and sometime subsequent to 1/l/86, then we are permitted to use this money for scattered sites in other parts of the City. If you prefer to restrict it to Overtown, we have no problem with that, but we will put... Mayor Suarez: Herb, just so we get the rest of the Commission's views on this, I heve exactly the opposite view from the one that has been expressed by Commissioners Carollo and Plummer. I would want no restrictions, other than the ones we have to accept in order to get the bonds be clearly valid under existing legislation. Other than that particular restriction, I want you to have the complete flexibility, and the City to have the complete flexibility to put low cost housing in all areas of the City that need it, in fact, my preference is rather not to have it in Overtown/Park West, which is a project that to means the extension of downtown into an area and displacement of the people that live in that area, but I am not going to constrain you with that myself, and I hope the Commissioners don't constrain you away from what you are intending to do. I will add to that that the feeling that I got in testifying before the Senate Capitalize banking committee, that at worse, the effective date of any new legislation affecting the tax exemptability of these bonds will be, as you stated, January 1, 1987, so it will not affect any bond issues that we pass during the calendar year, and at best, will not affect housing bonds at all, not even with a restriction, and the Senator seemed to be very emphatic, all the ones that were present at that committee hearing, so I am ready to vote on the $6,000,000 bond issue that you are talking about. My only concern is that we very quickly move on the $43,500,000, unless you are telling me that is included in the $60,000,000. k; Mr. Bailey: That is included in the $60,000,000. The reason we use p = $60,000,000, that complies with what this Commission approved as a resolution some time ago. February 13, 1986 42 Mr. Plummer: Mr. Mayor, on your comments, sir. I'm sure it was expressed to you by that committee from which you testified, but that committee doesn't issue the bonds, and I can tell you from personal knowledge, sir, that the bond market is so damn shaky, they don't know what the hell is going on, and they are putting d clamp on everything, because there is that possibility of a retroactive clause, and if they do, they are in the soup, and they are not about to. They are too conservative to do that, so it is nice to know what the Senate is thinking, but the bond market itself, who does the actual sales, is where it is completely in chaos, and that was the only reason that I, myself, and another, went before Claude Pepper to get these things grand - fathered, so that that would not exist as it related to that particular issue that we were working on at that time. Mayor Suarez: That was a good idea, because it guarantees a way out for us in case that the Senate and the House can't get an agreement. Mr. Plummer: Then we don't care what they do! Mayor Suarez: But, just so you know, one of the very first things that the Senate is going to do, if they informed me right, is to clarify that the effective date would never be January 1, 1986, it would be January 1, 198-, even assuming the legislation effects these bonds, which I don't thin: it will in any event, so... Mr. Bailey: I would just like to add, Commissioner, and... Mr. Dawkins: Let me say something... Mayor Suarez: Wait, Herb. Commissioner Dawkins? Mr. Dawkins: The Mayor is expressing the consensus of this Commission. We are concerned that we are not going to build OvertownlPark West as another Brickell Avenue, and all outside of the nine block area remain a slum, so that is why they are saying, you know, don't restrict it to that nine block area, because if you do, and you don't do anything outside the nine block area, we've got another slum, Herb. That is all they are saying. Mr. Odio: Commissioner, it is your prerogative to tell us what you want us to ' do. Mr. Dawkins: And I pay you to come back and help me tell you what to do. Mr. Bailey: Okay, sir, what we would suggest, Commissioner, that... Mayor Suarez: As presently proposed, Herb, item 38 does not constrain you other than based on the prior authorization for a bond issue, but assuming the legislation goes through, you have got freedom to go to other scattered sites. Mr. Bailey: We would have freedom to go to otner sites, anywhere that you so desire. Mr. Plummer: Well, then, you lose my vote, all right? ... and you art going to lose my vote because this Commission has made a commitment to the people of Overtown and to Park West, and this commitment was what this bond issue was originally developed for. It is to me an insult to the people of that commu- nity, that that money which they strived so hard to get created for their particular area, is now going to be used for possibly some other area. I would say two things - first, that before any of these monies are used for any other project, that it must take this Commission's approval. Second... Mr. Dawkins: I have no problem with that. Mr. Bailey: No problem... Mr. Plummer: Second, that this Commission re -identify its commitment to the Park and Overtown, as it is the long standing policy of this Commission. That is what we intended to do. That is what I hope we are going to do, and }- that is to live up to the promises of this Commission. Now, the minute you say that any of those monies can be used for other sites, you are going to have a million developers in here wanting to get a piece of that action all ; T over hell's half acre, and if that be the case, then let's go back to the February 13, 1986 { 43 voters, as we did two year's ago, and let's propose a bond issue for $15,000,000, Liberty City; $15,000,000, downtown; and $15,000,000, Latin; and let them go, and let them understand if they want to commit themselves. I say that my vote is predicated on a long standing policy promise of this Commission to those people in Overtown, and to Park West. Mayor Suarez: I have the exactly opposite feeling on that long standing policy, whatever it may be, which I don't remember being in effect, and I certainly wish that. we could do away with it as soon as possible, because I again reiterate that Park West/Overtown is a deception. It is not going to happen. It is not a one point one billion dollar project, and that is why I refused to sign the article they wanted me to sign. It is a project that is barely off the ground. It is mostly commercial and it has very little of component in it that will redily help the plight of our people who need low cost housing. But, in any event, item 38, as proposed, I am ready to vote on it. Mr. City Manager. Mr. Odio: May, I prefer thdL we will come back to you when we pass the bond issue and we will come back to you with a plan where to spend the money. Mr. Plummer: No, excuse me! Unless this issue before us today, item 38, contains the wording, that monies of this issue cannot be used other than in Park/Overtown, I have to vote against it! 3 Mayor Suarez: Are you talking about within the nine blocks of Park West/Overtown presently defined? Mr. Plummer: No, sir, not on chi& issue! On the other issue, yes, because we are bound by that. Mayor Suarez: But, you want to constrict it to the nine blocks of Park West/Overtown. Mr. Plummer: No, sir, I did not say that! Mayor Suarez: That's wnat you are saying. Mr. Plummer: No, sir, I am not saying that! If you will listen, you will understand. I am saying, item 38, individually... Mayor Suarez: Right. Mr. Plummer:... that, that money must... Mayor Suarez: What is the restriction that you want to impose on it ocher than its own wording? Mr. Plummer: If you will listen, I will try to tell you! Mayor Suarez: Please explain it, Commissioner. Mr. Carollo: Xavier, tell him attorneys never listen, then ne will under- stand. Mr. Plummer: But, I am not paying him $150 an hour either Item 38 is $6,000,000. That $6,000,000 must be committed to Park West and/or Overtown, and that before... Mayor Suarez: That is not the Park Wesc/Overtown project! Mr. Plummer: May I finish, Mr. Mayor? Mayor Suarez: Commissioner, you are going round and around saying things that don't have a proper definition. Are you referring to Overtown as a general neighborhood? Mr. Plummer: If you would listen, you would understand! May I continue and finish? Mayor Suarez: You certainly may continue. 't Mr. Plummer: Thank you, sir. May I finish? z February 13, 1986 44 Mayor Suarez: We don't know about that yet. Mr. Plummer: You might find out! The $6,000,000 in this issue, in my estima- tion, to get my favorable vote, has to contain the wording that this money must be used for the... let me clarify ...260 acres, and that before any of those monies can be expended outside of chat designated 260-acres, known as Park West and Overtown. Mr. Bailey: Overtown/Park West. Mr. Plummer: Overtown/Park West., excuse me - that it must be... Mayor Suarez: Park West and Overtown. Park West and Overtown was much better definition than Overtown/Park West, which is a City project defined as approx- imately nine blocks. You are talking about the entire area of Overtown. Mr. Plummer: Did you understand the 260-acres? Do you know what the 260- acres is? It was very clear. Now, if you don't know it, I will explain it to you. Mayor Suarez: You said Overtown and Park West, and : am suggesting to you that that wording is a better definition. Mr. Plummer: I am not referring to the project. I am... Mayor Suarez: Thank you. Thank you! Mr. Plummer: You are the one that is understanding the project. Mayor Suarez: No, the City Manager said Park West/Overtown. I want to clarify that and know what we are talking about. Mr. Plummer: Then I will drop the wording - I will drop the wording so maybe you can better understand it. Mayor Suarez: Thank you. Mr. Plummer: 260-acres, bound by N.W. 5th Street, on the south; N.W. 14tn Street on the north; Biscayne Boulevard on the east; and 7th Avenue on the west. Now, is that easy enough to understand? That, before any monies of this $6,000,000 can be used out of that designated boundary area, it must come back before this Commission for approval. If that wording is contained in the resolution, item 38, I will vote favorably. If it is not contained, which I feel is a breaking of the promise- of the Commission to the people, then I will have to vote against. We will address the other item 46 individually, and I am ready to prepare to speak to that issue when it comes up, but we are talking about item 38. Mr. Odio: I have no problem with amending to that. Mr. Plummer: I offer that as an amendment to item 38. Mayor Suarez: We have a motion to restrict the spending of any bonds as contemplated by item 38 to an area that has been described, containing some 200 and some acres, and roughly known as, or generally known as Overcown. Mr. Carollo: I second that motion. I think that spells out as clear as it possibly can, what the intent of this Commission was and is. Mr. Dawkins: Mr. Bailey... Mr. Plummer: 46 concerns me that they can't use the money Mr. Odio: One goes with the other. Mr. Dawkins: Mr. Bailey, the $6,000,000, how is it tied in with the $60,000,000? I mean, isn't that two separate issues? Mr. Bailey: They are two separate issues, and then they are also companion issues February 13, 1986 45 Mr. Dawkins: Well, you see, this is how we got in Lrouble. Now, I am for what you want to do. I said up here ever since I have been here, I need housing in Wynwood; we need housing in Liberty City; we need housing in Flagami; we need housing in the Grove; and when I discussed this with you, I told you that I could not vote for the $6,000,000, if Overtown wds included, because I thought the $60,000,000 was enough for Overcown, right? Mr. Plummer: That we will address when we get to it. That is a different issue. Mayor Suarez: The $6,000,000 enables the entire package. I guess witnuut that, we cannot move furward. Mr. Bailey: Absolutely. The $6,000,000 serves two purposes. One, is collateral guarantee for the letter of credit on the larger issue, and tnen you have the flexibility to determine now you use it after that. It is a very flexible financing package, and any decision that this Commission makes, subsequent to the issue, we hope that we will be able to deal with it dnd ! am pretty sure we will. Mr. Dawkins: Okdy, if I... Mr. Bailey: You can decide after, whatever you like. The important issue here now, is to get us ready so that we can go to the market as soon as we are able to, otherwise, we might miss it again. Mr. Plummer: Mr. Bailey, let me make a statement, and you tell me if it is correct - that without the $6,000,000, you will not get the $60,000,000. You will only have $43,000,000. Mr. Bailey: I won't have the $43,000,000. We won't have anything, because the banks are requesting... Mr. Plummer: I thought the five were going to back up the $43,000,000. Mr. Bailey: Well, that is the same $6,000,000. Mayor Suarez: Yes, because there is about $1,000,000 lost. Mr. Plummer: They ere asking for that also? Mr. Barley: No, I am not asking for another one. This $6,000,000 does everything we need. Mr. Plummer: A true statement is, if you don't vote for the $6,000,000, you will not get the $60,000,000. Mr. Bailey: That is absolutely right. Mrs. Kennedy: Mr. Mayor, let me just ask Mr. Bailey something. Mr. Dawkins: Will you get the $60,000,000... I am sorry. Mrs. Kennedy: Okay. While I understand that we desperate need nousing throughout the entire City, how can we go against what we promised the voters? Mr. Bailey: We do have a couple more packages on the agenda that will address scattered site housing that I think the Commission might find to be accepceble in addressing those issues. We are asking for permission to buy scattered sites that are throughout the City for which we can do some low and moderate income housing. We are also asking to designate certain sites. The financ- ing of that, we will also have to come back and ask for, but we are addressing those issues. Mr. Dawkins: Mr. Mayor, can I continue this until after lunch and ndve lunch with Mr. Bailey and see if we can't come to some agreement here? Mayor Suarez: Yes, why don't wc... I will entertain that motion and I gdtner from hearing from the consensus of the Commissioners, tnat you agree that we f might best postpone this item. If I have to accepL. the restriction imposed, and I really am not particularly in favor of it, because I don't think we need to do it, it would be with the understanding that later you will be able February 13, 1966 46 to cone back to the Commission, so we would again indicate to you what other areas of the City needs scattered housing, but that maybe can be discussed at lunch time. I have my own views. Mr. Dawkins: Before we leave this issue, Mr. Mayor. Mayor Suarez: Yes. Mr. Dawkins: Mr. Bailey, will you get in touch with H.U.D., because ; was told last night that H.U.D. - there is 100-units allocated to us of _ money. Mr. Bailey: We do have 100-units. Mr. Dawkins: All right, well, I understand that yesterday at a meeting tndt H.U.D. said tnty were going to take it back because we did not get the U.D.A.G. money. I want you to know from this Commission that you called nim and tell him, that we are going to use those 100 units. Just like Commission- er Kennedy said, we need housing, and I don't care who we have got to give it to, but let's get this and give it to somebody, so we can get these units built. Mr. Bailey: Yes. Now, we will express this Commission's desire to keep those units to be used in the City of Miami. We do go back before the Surtax Board on the 13tn. Mr. Dawkins: No, I want you to get in touch with them toddy, sir. Mr. Bailey: Yes, we will call them today, and we will call H.L'.D., too. Mr. Dawkins: Okay, thank you. Thank you, Mr. Mayor. Mayor Suarez: Thank you, Mr. Bailey. We have by consensus postponed item 38. 13. OPEN SEALED BIDS FOR CONSTRUCTION OF N.W. 47TH AVENUE HIGHWAY IMPROVEMENT B-4505. Mayor Suarez: Agenda item 67. Please proceed. Ms. Hirai: We need a motion to open bids and refer them for tabulation, Mr. Mayor. Mayor Suarez: You need a motion? Ms. Hirai: Yes, sir. Mayor Suarez: Do we have a motion to open the bids? Mr. Plummer: Motion to open the bids. Mayor Suarez: It has been moved. Seconded? Mrs. Kennedy: Second. Mayor Suarez: It has been seconded. Please call the roll. THIS BEING THE DATE AND TIME advertised for receiving sealed bids, the Mayor announced that the City Commission was now ready to receive sealed bids: The following motion was introduced by Commissioner Plummer, who moved its adopLion: A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULA- TION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE: Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: 47 February 131 1986 s AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: What is the projected cost by the Deparcment? Mr. Odio: $100,000. Mr. Plummer: How much? Mr. Odio: $500,000. Mr. Plummer: $500,000 is the projection cost. Go ahead, read she bids, please. Ms. Hirai: Mr. Mayor, these art bids for the construction of N.W. 47th Avenue, Highway Improvement B-4505. P. J. CONSTRUCTORS INC. $542,182.06 MIRI CONSTRUCTION INC. 517,251.56 GARCIA ALLEN CONSTRUCTION 732,306.00 M. VILLA ASSOCIATES INC. 578,003.56 ROENCA CORPORATION 495,044.06 LANZO CONSTRUCTION CO. 629,582.00 MARKS BROTHERS COMPANY 540,526.50 ALFRED LLOYD 6 SON INC. 638,215.50 FRE CONSTRUCTION INC. 570,299.40 Mr. Mayor, those are all the bids. Mayor Suarez: What is the projected cost, and what is the low bid comparison? What is the lowest bid? Mr. Odio: $500,000. The projected cost is $500,000. Mayor Suarez: And what is the lowest bid, Madam City Clerk? Ms. Hirai: We would have to check one by one, Mr. Mayor. Mayor Suarez: That is all right. Do we need any further action from the Commission on it? Just open up the bids? Ms. Hirai: Yes. Mayor Suarez: It has been moved that we send this to the appropriate depart- ment for tabulation and seconded. Any further discussion? Call the roll. Mr. Plummer: Excuse me. Very carefully, my wording was not to award - not to award - for tabulation... Mayor Suarez: Just tabulation. , Mr. Plummer: ... and bring them back to this Commission, and there is a reason I said that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-109 A MOTION TO OPEN SEALED BIDS RECEIVED FOR CONSTRUCTION OF N.W. 47 AVENUE HIGHWAY IMPROVEMENT B-4505; FURTHER DIRECTING THE CITY CLERK TO FORWARD SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME; AND FUR- THER DIRECTING THE CITY MANAGER TO BRING THIS ISSUE BACK BEFORE THE CITY COMMISSION BEFORE FINAL AWARD. 48 February 13, 1986 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: Nona. 14. COMRMS RE FILM FESTIVAL REPRESENTATIVE ALLEGATION THAT COMMISSION REQUESTED TICKETS FOR FESTIVAL (See label 10) Mayor Suarez: Commissioner. Mr. Carollo: If I may, I need to take a couple of minutes of 1 think whdc could be construed as an emergency request to clear the air on a matter that we just voted upon - the film festival. It has been told to me by members of the media that Mr. Thomas Spencer made a statement to them that what upset him the most about members of this Commission voting against the request that they made, the $50,000 from the City of Miami for the Miami Film Festival was tnat members of this Commission that voted against it had requested tickets from them. Well, as one member of this Commission, the Miami Film Festival, last year when we approved $50,000, sent me complimentary tickets, like they sent to every member of this Commission, to attend any or all of the films that were shown. This member of this Commission did not attend a single one of those films. Frankly, I work 60 to 65 hours a week. I am too damn busy to even go out and see a film. Tnis time around, after they did not get the monies that they requested, Mr. Spencer goes down to the low level, to the bottom of the barrel, to try to throw mud at members of this Commission that would not vote to give taxpayer's money to his film festival, and he makes allegations based upon... this letter was received in my office, and it was the first I've seen of it - February 3, 1986, where he writes in the bottom, with his own handwriting: "Joe, lei me know if you want tickets," and he puts down a number. Obviously, what Mr. Spencer was trying to do, was trying to get staff members of individual Commissioners, knowing darn well that some of us, if not all of us, are quite busy, and we don't read a lot of this that comes by like that until much later, to try to get tickets, so that he could throw this in our faces, and try to use it as a possible element of blackmail to get monies from the City of Miami. At the same time, after one of my aides talked to him, wanting to find out about the letter that he sent, he volun- teered, to send this card, like the one he sent last year without us request- ing it again, so that I could attend, along with other members of the Commis- sion, that probably received it, any of the films that were shown. Again, I have not gone to any of the films that were shown, and I will not go to any, because I am too busy, and so there would not be any doubt whatsoever, whether I am going or not, or for Mr. Spencer to be screaming out how dare we didn't give him $50,000, after he sent us a little card. You know, I am destroying the card right here, so he can know that not only am I saying I am not going, but I can't even use it, and if any constituency that we represent called my office, or called his office to request any kinds of tickets for themselves to be used, I personally will be more than happy to pay for any such tickets myself, and the last thing I want to say, Mr. Mayor, members of this Commis- sion, is that if anyone that comas to this Commission requesting monies think that they are going to influence members of this Commission to vote for thousands of dollars by playing little games like this, of sending complimen- tary tickets and then if "X" commission doesn't vote for what they want, they are going to try to throw mud at them, they have got another thing coming. Tnis is not the way things are done in America. This is not things are done here in Miami, and I just think that it is quite shameful and embarrassing to the Film Festival that Mr. Spencer will go down to the bottom of the barrel, down to the gutter, like he has in this issue. 49 February 13, 1986 Mayor Suarez: Let me just comment very briefly on that, because I had not seen Mr. Spencer's comments. Maybe the press has not reflected them yet, and if they are as Commissioner Carollo states, it would be, from perspective, rather inappropriate. I have in the past received all kinds of invitations and cards and free vouchers, and what I try to do with them in general, like I did with the one that I received from Regine's, is to send copies of my letter thanking them for the card and the membership, to all the Commissioners and their staff, suggesting that they might use the Regine's card, and I hereby extend the use of it to everyone in the audience and the City of Miami. I don't know what will happen when you get there, but so be it, and I think Commissioner Carollo has stated well that we will not be influenced by any such thing. I presume, really, that the Film Festival expected all the Commissioners and staff to be able to attend some of their functions, at least so we can see what they are like. 15. CC;M*IENTS RE PROMOTIONS IN FIRE DEPARTMENT EXCLULED BLACKS See label 19- A) 0 Mayor Suarez: Commissioner Dawkins? Mr. Dawkins: Since we are on emergencies, I've got one, Mr. Mayor. Mr. Manager, will the fire fighters - is Teems here? Mayor Suarez: He was back there he is. Mr. Dawkins: Will all the fireighters come forward? ... and Mr. Teems, come forward. Mr. Manager, you have 639 uniformed Fire people. 405 are White, 68 are Black, and 153 are Hispanic. There is a promotional list out, where 28 Whites are being promoted ... where 28 people are being promoted - 23 Whites, no Blacks, and 5 Hispanics, can you explain that to me? Mr. Odio: Sir, I have not seen that list. I will ask the Fire Chief to meet with me and show me that list. Mr. Dawkins: You guys go with Mr. Teems over here, so I can find out what this is. Thank you. Mr. Plummer: Well, plus the fact that there is a freeze on promotions. Mr. Manager, there is a freeze on promotions. Mayor Suarez: I was not aware of the promotional list, and I am very inter- ested in it, like Commissioner Dawkins. Can we defer this item and... Mr. Dawkins: No, we are through with it. Mayor Suarez: Yes, we are through with it. We would just like to have the information that Commissioner Dawkins has requested. 16. SECOND READING ORDINANCE: AMENDING CODE RE "STREETS AND SIDEWALKS" Mayor Suarez: Okay, we are on the second reading of ordinance - item 39. I believe it is just a clarification type item, is that correct? Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. Do we nave to have a reading at this point? It is the second reading of an ordinance. February 13, 1986 50 1% 3 AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "STREETS, AND SIDE- WALKS" BY AMENDING SECTION 54-104 ENTITLED "NONSTAND- ARD STREET WIDTHS", BY THE ADDITION OR DELETION OF CERTAIN STREETS; ESTABLISHING AN EFFECTIVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 9, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordi- nance was thereupon given its second and final reading by title and passed S , and adopted by the following vote- I 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, Mr. Dawkins later asked of the Clerk to be shown voting with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10077. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 17. SECOND READING ORDINANCE: NEW SPECIAL REVENTE FUND "PARK DEVELOPMENT FUND" jMayor Suarez: Item 40. Mrs. Kennedy: Move item 40. Mayor Suarez: Second reading. It is accepting a $5,000 gift, I believe. Mr. Plummer: Oh, for sure! Mayor Suarez: Yes, we always accept Lhosr! Do you have to read the ordi- nance? (THEREUPON, AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mr. Plummer: Excusz me, under discussion - I'm sorry. What is this that they have got to be matched? We are accepting $5,000 from Diamond's, period! Mr. Odio: That is it. Mr. Plummer: No, no. That is not what this ordinance says. It says it has got to be matched by Federal or State funds. (INAUDIBLE BACKGROUND COMMENTS] Mr. Plummer: But, no, they can. Mayor Suarez: It is not contingent on the obtaining of matching funds, is it? - Mr. Plummer: It is the way it reads. Does it read the flexibility that we 4' can use it outright if we don't get the match? �v February 13, 1986 51 (INAUDIBLE BACKGROUND COADIENTS) Mr. Plummer: Okay, I am told, it would be if we can. Call the roll. Ms. Hirai: Mr. Mayor, excuse me, I don't nave a move and second. Mayor Suarez: We don't have a move and a second. Mrs. Kennedy: I moved. Plummer seconded. Mayor Suarez: It has been moved and seconded. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 9743, ADOPTED NOVEMBER 16, 1983, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "PARK DEVELOPMENT FUND", BY ESTABLISHING RESOURCES AND APPROPRIATIONS FOR SAID t FUND IN THE AMOUNT OF $5,000 AS THE RESULT OF PRIVATE 3 DONATION BY FABULOUS DIAMONDS PARTNERSHIP FOR THE PURPOSE OF DEFRAYING THE COST OF PARK DEVELOPMENT i PROJECTS OR PROVIDING LOCAL MATCH REQUIREMENTS FOR FEDERAL AND STATE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 9, 1986, ` was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordi- nance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo ' Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10078. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 18. SECOND READING ORDINANCE: $75 FEE FOR EMERGENCY MEDICAL TRANSPORTATION. Mayor Suarez: Item 41 - second reading of an ordinance imposing a $75 user fee. Mr. Plummer: Move it. Mayor Suarez: We certainly discussed it enough the last time around. Mr. Plummer: I think so. I hope so! Mayor Suarez: Do you want to read the ordinance, please? 52 February 13, 1986 ki AN ORDINANCE - AN ORDINANCE ESTABLISHING A USER FEE OF $75 FOR USE OF THE EMERGENCY MEDICAL TRANSPORTAT'.ON SERVICE OF THE FIRE, RESCUE, AND INSPECTION S1RVICES DEPARTMENT; REQUIRING A PROCEDURE RECOMMENDED BY THE CITY MANAGER FOR COLLECTION OF SAID USER FEE AND APPROVAL THEREOF BY THE CITY COMMISSION; CONTAINING A REPEALER PROVI- SION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of January 9, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plumy �r, , on(led by Commissioner Kennedy, the Ordi- nance wds thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10079. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 19.A - COMMENTS ON FIRE DEPARTMENT PROMOTIONS (See label 15) Mr. Odio: Commissioner Dawkins, there will be no promotions as of this time. You do not have to concern yourself about that list - that was the FirC Department. I have to meet with the Chief before anything can be done on that. Mr. Dawkins: I was wondering how the Chief could make promotions without the Manager or the union knowing about it. Mr. Odio: For your information, I met with Chief McCullough last week. We went over a lot of matters about the Fire Department. I have authorized that he reorganize the Department himself without outside help, and that he is to come back to me with a reorganization plan in which promotions would be included, but there will bC no promotions without reorganization. Mr. Teems: Basically, I understood there was a freeze on promotions, and I didn't know this. Mr. Odio: Citywide, but particularly with the Firr Department. They must come back to me with a reorganization of the whole Pire Department before they can get any promotions, or anything else. Mr. Teems: That is the way I understood it. Mr. Odio: Yes, sir. Mayor Suarez: Might tell the Chief, that as part of that reorganization, he ought to consider explaining why he needs 18 people in his immediate staff. Mr. Plummer: That is what he is doing right now in the Sunset. u Mayor Suarez: Yes, I presume thdt is going to be one of the things we will bt analyzing. k�. r February 13, 1986 53 19.B - FIRST READING ORDINANCE: NEW SPECIAL REVENUE FUND (HISTORIC PRESERVATION DOWNTOWN) Mayor Suarez: Item 42. Mr. Sergio Rodriguez: Item 42 is to establish a special revenue fund to receive the money from... Mr. Plummer: I move it. Mrs. Kennedy: Second. Mayor Suarez: Item 42 has been moved and seconded. Do we need to read it, Madam City Attorney? AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED HISTORIC PRESERVATION DOWNTOWN AND APPROPRI- ATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $30,000) CONSISTING OF $15,000 GRANT FUNDS FROM THE STATE OF FLORIDA, DEPARTMENT OF STATE; AND $15,000 FOR FISCAL YEAR 1985-'86 GENERAL FUND: PLANNING DEPARTMENT; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 20. DEVELOPMENT AGREEMENT WITH INDIAN RIVER INVESTMENTS FOR PARCEL 46 OF SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT. Mr. Dawkins: Can we take item 54 out of order, Mr. Mayor, please? Mayor Suarez: Certainly, Commissioner. I understand that there is someone that absolutely has to be excused on item 54. Ited 54 is Park West/Overtown. Is this going to be the first...? Mr. Matthew Schwartz: This is the first development in the project area. Mayor Suarez: I can't believe it. Mr. Mathew Schwartz: Things do happen. On block 46, the Indian River In- vestments were selected last year by this City Commission on April llth. They have the lands which has been purchased through Dade County, through the U.M.T.A. grant. It is between N.W. 2nd and 3rd Avenues, between 7th and 8tn ,:- Streets. Indian River Investments is anticipating starting construction in March. They have their financing for their beginning of this project. Their first phase is a 152 unit condominium project. The project will be affordable for low and moderate income families. It meets all the requirements. z. ` 54 February 13, 1986 `J Mayor Suarez: What percentage low income, just to... Mr. Schwartz: Okay, as the utilizing the Dade County surtax program, Which is available for this project, and they will be making a formal application in March. All the units are affordable for families with 80% or less than 80 of the median family income for Dade County, which is considered low. Mayor Suarez: All of the units will be affordable to those families? Mr. Schwartz: With the surtax funds. Mayor Suarez: Okdy. Mr. Schwartz: There may be other families... Mayor Suarez: What does that come out to be, just for the benefit of our audience here today? More or less, Matthew. You don't have to give exact figures. Mr. Schwartz: Well, it is a family of four with an income of about $20,000. Mayor Suarez: Or less. Mr. Schwartz: Right. It is a one person household of about $16,000, or less, so these are sort of the working people of Miami. Mayor Suarez: Working poor, really. Mr. Dawkins: Mr. Schwartz, I came on this Commission in 1981. At time, it was supposed to be 1,000 units of affordable housing. The money was allocat- ed, and no housing. Now, we have been into this Overtown/Park West for two years. When is the date that we can expect, if we approve this now, the ground will be broken, and the first unit - people can move in it. Mr. Schwartz: Commissioner Dawkins, the 1,000 units, I think that was ap- proved four years ago was for rental housing. Mr. Dawkins: Was for affordable housing. Mr. Schwartz: It was affordable, but it was... Mr. Dawkins: We still don't have that! Mr. Schwartz:... yes, sir. Indian River anticipates breaking ground in March - the middle of March. There is one more building to be taken down on the property. The County is transferring the land to the City the beginning of March. We are ready to go. The developer has its financing. It has been reviewed by our office. It meets the requirements. This is a first rate, quality development. This is the first time in Overtown in over 50 years, I think that is privately sponsored, and most of it is private money going into this project is being developed. Mr. Dawkins: When we have a zoning meeting March 27th, you are telling me that ground should be broken on this project? Mr. Schwartz: That is the schedule that we are working on. Mr. Dawkins: No, no, no. Mr. Schwartz: Yes. Mr. Dawkins: I want to get off tht schedule you have been on and get on a schedule that is going to get it done. Mayor Suarez: Is there any reference in the document that we would be approv- _ ing, and I didn't get a chance to read through it all - to any of the subcon- tractors, such as the Doran Jason Company, possibly, or Jenber Construction, ` that you know of? .. Mr. Schwartz: In the draft of the document, in the minority participation agreement, it does mention Christian Development. I think Linda can answer r ' February 13, 1986 55 IN I more detail. I believe that it is the intention of the developer to use that contractor as a general contractor, but in case that he is unable to, he may have to substitute. He hasn't got the final dollar values, but that has been their intention all along. Mayor Suarez: I have no problem with Christian Development, because I have never represented them. I have represented both Jenber Construction and Doran Jason Company. You don't know if... Counselor, is there dny indication her,. that either one of those two entities is required to be used, or otherwise benefits from this, and if so, does that create a conflict for me, for naving represented them in the past? Mr. Robert Sechen: Yes, Commissioner. Our page 4 of the minority parci,-ipd- tion agreement specifies that tne... Mayor Suarez: You know, if you guys keep calling me Commissioner, I'm redlly going to...! 9 Mr. Sechen: Mr. Mayor, I'm sorry. Mr. Mayor, I am not used to being here either. k Mayor Suarez: I've got tickets to the Film Festival, so I am anead. Mr. Sechen: I promise to remember, as long as you don't call me Madam City Attorney! (LAUGHTER) Mr. Carollo: Well, gentlemen, you are both correct. Mr. Plummer: We might not call you attorney at all, the way you are going! Mr. Carollo: The Charter does say the Mayor is also a Commissioner - a member of the Commission. Mayor Suarez: That is true. Mr. Carollo: You are both correct. Mayor Suarez: Which enhances my prestige! Mr. Dawkins: Mr. Mayor, I met with the developers last night, and they plan to use either Christian or Jenber, and said they will give us an estimate cost of the project, and whichever one with the best bid, that is the one they plan to use. Now, I told them that we wanted the cost estimate prior to their receiving any bids, so that we will know that when they come back and say "This is the amount," we knew it up front before the bids went out, so they don't know which one they are going to use. Mayor Suarez: Well, let me ask a question. Does this Commission control who the developer will be? Mr. Schwartz: No. Our concern is for minority participation. There are certain minority participation goals that were established for this project, and the developer has agreed to follow that. Mr. Plummer: So, the only concern that we have is on the minority participa- tion. Mr. Sechen: Yes. Mr. Plummer: They have to demonstrate to this Commission that it doss qualify under the minority. Mr. Sechen: That's correct. Mr. Schwartz: Right, before the land is turned over to the developer, we will have the breakdown exactly on the first phase of the contracts and the minority participation at that time, if it meets the requirements. Mr. Plummer: Does it come back before this Commission? yh Mr. Schwartz: As the way it is done now, it does not. �f February 13, 1986 56 Mr. Plummer: I think it should. I think it should! The reason I say that, I want to give first crack at local minorities. If we have local minorities, I want them to have a preference, rather than taking and running with my dol- lars to Atlanta, New York, Boston, and elsewhere, so I would like to have that matter brought back before this Commission before the property is turned. All due things being equal, I want to look after home folks. I've got no problem with that. Mayor Suarez: I think at this point, they envision using Christian Develop- ment, if they can, and that is a local developer, but it is a point well taken that we should have one more look at it in case they change their minds on that. 3 Mr. Schwartz: I think LhC safety valve with this is that they are starting on the first bid with nine units, and usually with the nine unit project, they would nut be attracted to bring out of town contractors into Miami. F Mayor Suarez: When they go to the big phase, we want to know that they are giving a fair shake to local developers. Mr. Schwartz: We will continue monitoring this and provide reports. I Mr. Plummer: And we want to keep it that way. 4 Mayor Suarez: Okay, we have a motion on item 54, with the additional caveat given to the department that we would like to look at this in the event of a change in local developer to an out of town developer. Do we have a motion on it? Mr. Plummer: So moved. Mr. Dawkins: Second. Mayor Suarez: It has been moved and seconded. Further discussion? Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-110 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH INDIAN RIVER INVESTMENTS OF MIAMI , INC., IN SUBSTAIN- TIALLY THE FORM ATTACHED, FOR THE DEVELOPMENT OF PARCEL 46 OF THE PHASE I REDEVELOPMENT AREA OF THE SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT PROJECT SUBJECT TO A SATISFACTORY APPRAISAL. (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. 57 February 13, 1986 21. FIRST READING ORDINANCE: AUTHORIZE CITY MANAGER TO ISSUE BEER AND WINE SALE PERMITS FOR SPECIAL EVENTS. Mdyor Suarez: Agenda item 43.. Mr. Plummer: Item 43, I would like to move it with the proviso that each individual one of these still have to come before the Commission. Basicaily, all we ere doing here is collecting $300 if they do get the approval, but I want to make damn sure that none of these whiskey and beer permits will be given to rock groups, and that is my concern. Mr. Odio: We will make sure that we come back to you for every permit issued. Mdyor Suarez: Well, wouldn't it make more senbe, Commissioner, if that is a concern to so instruct the City Manager, in case it is a rock group, as opposed to having every single one come before us? We are trying to unclog the agenda a little bit. We have 90 some items today. Mr. Plummer: Mr. Mayor, I have no problem, and only two of those items today are relating to that kind of a situation. I would have no problem putting in the hands of the Manager those areas that are requests from any kind of, well, how do you describe it?... other than the norm, no rock concerts, or any of that, are allowed, and that they would be automatically denied. Now, if you can work out that wording, I have no problem with it. Mr. Odio: If we want to include that in the second reading, we will ... I just talked to the Chief. Mr. Plummer: That is fine. Mayor Suarez: Please. Yes. Mr. Plummer: I've got no problem. Mayor Suarez: Okay, do we have a move on the item? Mr. Plummer: I move it. Mayor Suarez: Moved by Commissioner Plummer. Second? Mrs. Kennedy: I second. Mayor Suarez: It has been seconded. Any discussion? Please call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE CITY MANAGER ON SPECIAL OCCASIONS AND FOR SPECIAL EVENTS OR PROGRAMS, TO PERMIT THE SALE OR DISPENSING OF WINE OR BEER IN SOFT CONTAINERS IN CERTAIN CITY PARKS: FURTHER ESTABLISHING A PERMIT FEE OF $300 PER DAY FOR SAID SALE OF WINE AND BEER. Was introduced by Commissioner Plummer and' seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. r The City Attorney read the ordinance into the public record and an pounced that copies were available to the members of the City Commission and to the public. February 13, 1986 58 4* 4 22. EMERGENCY ORDINANCE: AMEND ORDINANCE 9939, CAPITAL IMPROVEMENTS. Mayor Suarez: Agenda item 44. Mr. Sergio Rodriguez: Item 44 is the amendment to the appropriations ordi- nan.-e, 9939, that deals with all the projects for the 1985-'86 capital budget. As you are aware, the capital budget includes new projects and increasing appropriations from previous years, and includes projects which are over $20,000 of capital nature. The funds from these projects are taken from General Obligation bond funds, revenue bonds, enterprise funds, retained earnings, capital improvement funds, and Florida Power and Light Company franchise revenues. What we are doing here today is basically, sir... Mr. Plummer: Sergio, let's snort -circuit it. This is to be done on an annual basis. That is what we are doing. We can change it at any time, if it needs to be done, but we have Lo establish a record of a program. I so move item 44. Mr. Rodriguez. Yes, sir. If I may add something. I understand this item should be approved as an emergency, because we are holding several bids, because this hasn't been done. Mr. Plummer: Madam City Attorney, can they justify the emergency? Mrs. Dougherty: Yes, sir. Mr. Plummer: Fine. Mrs. Kennedy: Let me just clarify ... okay, second for discussion. This is just an accounting procedure, is this correct? Mr. Plummer: No, it is a policy. Mr. Rodriguez: It basically establishes an appropriations ordinance that will allow us to go and in the future come back with bids and other projects; that if you don't allow this to proceed, they cannot come back afterwards for you to approve in the future. Mayor Suarez: And it basically the one year element of the budget for 1985- '86. It does not get us into the five year program, which I think is another item we will be considering later on today. Mr. Rodriguez: It is a companion item, of this, which is item number 60. Mayor Suarez: Yes, and that, you arc going to have a little more trouble from me on. One year is one thing. Another thing is expecting us to have digest- ed and approved your entire program. Mr. Rodriguez: I am willing to meet with you on that, sir. Mayor Suarez: How about lunch? Mr. Rodriguez: If you would like. Mayor Suarez: Call the roll, please. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE 9939 ESTAB- LISHING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS; CONTINUING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS SCHEDULED; AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1985- 86; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. _ February 13, 1986 x 59 _ _a Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the re- quirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Nona. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10080. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 23. BID ACCEPTANCE: WILLIAM PAVING COMPANY FOR DOWNTOWN HIGHWAY IMPROVEMENT. Mr. Don Cather: Mr. Mayor, before we go to item 69, I would like you to at this time pass items 15, 16, and 17, which were contingent upon the passing of the capital improvement ordinance. Mr. Plummer: So moved. Mr. Carollo: What items? Mr. Cather: 15, 16 and 17. Mayor Suarez: They were excluded from the consent agenda, pending item 44, which we approved. Mr. Plummer: So move 15, 16, and 17. Mayor Suarez: Items 15, 16, and 17 being moved in conjunction. We nave d motion. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. the consent agenda, please call the roll. Any discussion? They are from 60 February 13, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-111 A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO., INC. IN THE PROPOSED AMOUNT OF $1,523,336.52, BASE BID OF THE PROPOSAL, FOR DOWNTOWN HIGHWAY IMPROVEMEI"T - PHASE I, WITH MONIES THEREFOR ALLOCATED FROM THE ,DOWNTOWN STREET IMPROVEMENTS PHASE I, WITH MONIES THEREFOR ALLOCATED FROM THE "DOWNTOWN STREET IMPROVE- MENTS PHASE I" ACCOUNT IN THE AMOUNT OF $1,523,336.52 7 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY a MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 24. BID ACCEPTANCE: MIRI CONSTRUCTION INC. FOR BUENA VISTA HIGHWAY IMPROVE- MENT - PHASE II B-4506 BID "A". Mr. Plummer: Move item 16. Mrs. Kennedy: Second. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-112 A RESOLUTION ACCEPTING THE BID OF MIRA CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF $556,414.91, BID "A: OF THE PROPOSAL, FOR BUENA VISTA HIGHWAY IMPROVEMENT - PHASE II 8-4506 BID "A"; WITH MONIES THEREFOR ALLOCAT- ED FROM "BUENA VISTA STREET IMPROVEMENTS - PHASE II" ACCOUNT IN THE AMOUNT OF $556,414.91 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. � Y -- ABSENT: None. 61 February 13, 1986 1 14 25. BID ACCEPTANCE: M. VILA AND ASSOCIATES, INC. FOR BUENA VISTA HIGHiiAY IMPROVEMEh"T-PHASE II B-4506 BID "A". Mr. Plummer: Move item 17. Mrs. Kennedy: Second. The following resolution was introduced by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-113 A RESOLUTION ACCEPTING THE BID OF M. VILLA & ASSOCI- ATES, INC., IN THE PROPOSED AMOUNT OF $627,975.89, BID "B" OF THE PROPOSAL, FOR BUENA VISTA HIGHWAY IMPROVE- MENT - PHASE II B-4506 BID "B"; WITH MONIES THEREFOR ALLOCATED FROM "BUENA VISTA STREET IMPROVEMENTS - PHASE II" ACCOUNT IN THE AMOUNT OF $627,975.89 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissiouer J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 26. WAIVING PROHIBITION AGAINST TRANSACTION OF CITY BUSINESS WITH FORMER EMPLOYEE LEAVING WITHIN 2 YEARS FOR HOWARD V. GARY. ------------------------------------------------------------------------------ Mayor Suarez: Let's take up item 68 very quickly and see if we can dispose of that, and then go to 69. Mr. Plummer: Mr. Mayor, I move item 68, which is the ratifying of the last Commission meeting, in which it passed unanimously. Mayor Suarez: Is that a blanket waiver, or are we doing item by item? Mr. Cather: There are three items set forth in the -resolution. Mayor Suarez: I mean, as far as the waiver of Mr. Howard Gary being able to deal with the City, and a waiver of that ordinance's effect on him, is that on any future dealings, forever and ever? Mrs. Dougherty: No, just the items... Mr. Plummer: Three spelled out items. Mayor Suarez: On the three spelled out items? Okay, thank you for the clarification. Do I hear a motion on this item? I did. Do we nave a second? Mr. Dawkins: I second. February 13, 1986 t 62 Mayor Suarez: It has been moved and seconded. Any discussion? Mr. Carollo: Excuse me, what item is this now? Mayor Suarez: Item 68. It is a waiver of the prohibition on employees ... a particular employee not being able to deal with the City for two years. Mr. Dawkins: I'd like to put in the record, before we vote, I saw in the Miami Herald this morning, and I said I wasn't going to say anything about the Miami Herald, but the Miami Herald didn't say anything when Joe GrdSSle, wno was a City Manager for the City of Miami, and left the City of Miami and went to the employment of the people whom he gave the contract to that he nego- tiated, that he did everything for with the its Hyatt House, but yet, when Howard Gary goes to do the same thing, is wrong, and I would like for the Miami Herald to explain to me what the difference is. Mr. Plummer: Gary doesn't wear bow ties. Mr. Carollo: Gentlemen, if I may... is Howard here now? Mayor Suarez: I don't see him. Mr. Carollo: Can we vote upon this in the afternoon to give him, possibly, the opportunity, if he wanted to come and make any statements, to come... Mr. Plummer: I spoke with Mr. Gary yesterday, and he inferred to me that it was his intent not to be here. Mayor Suarez: I don't think it will necessarily enhance his chances for him to be here. Mr. Carollo: That was before the editorial, I think, so I don't know if ne wants to come or not, but I have no problem voting upon it now, but, you know, we could... Mayor Suarez: Yes, I think we are... Mr. Carollo:... just wait for the afternoon, in case he might want to come and make a statement. Mayor Suarez: Well, is there any particular clarification that you would need from him? ... because I am ready to vote, and I have a feeling that the item is going to pass. Mr. Carollo: I don't need any clarification. I just want to give him the opportunity, if he wants to make a statement. Mr. Plummer: I would say the proper way to do it would be to go ahead and vote for this item, and if he wants the opportunity to speak this afternoon, he can come down and do so. Mr. Carollo: Fine. I have no problem voting upon it now. Mayor Suarez: .I don't want to tell any Commissioner how to do things, Commis- sioner Dawkins, but sometimes the best way to deal with the Miami Herald's . recommendations is to ignore them altogether, but I am ready to vote. Mr. Plummer: Oh, n000000000! Mr. Dawkins: Yes, I do chat. This is the first time I have responded, and the last time, but I just couldn't let that go by. 1 Mayor Suarez: Please call the roll. 63 February 13, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-114 A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF CITY BUSINESS AND APPEARANCES OF A FORMER CITY OFFICER, OFFICIAL, OR EMPLOYEE BEFORE THE CITY COMMISSION WITHIN 2 YEARS AFTER LEAFING CITY EMPLOYMENT AS SUCH PROHIBITION APPLIES TO HOWARD V. GARY, WHO LAST SERVED AS CITY MANAGER ON DECEMBER 6, 1984 AND WHO HAS SINCE BEEN ENGAGED AS A CONSULTANT IN ZONING, LAND USE, MINORITY ECONOMIC DEVELOPMENT AND PROCUREMENT, AND DEVELOPMENT MATTERS AND WHO NOW SEEKS TO TRANSACT CITY BUSINESS AND REPRESENT CLIENTS IN MATTERS COMING BEFORE THE CITY COMMISSION FOR ITS CONSIDERATION. (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. I 27. CANCEL CONSTRUCTION OF ROADS AREA HIGHWAY IMPROVEMENT - PHASE I, AS PER REQUEST OF CITIZENS IN AREA. Mayor Suarez: Item 69. We are going to try to take you up as quickly as possible. We are entitled to have lunch too, like everyone else. Mr. Plummer: Hold on he's going to withdraw it. Mr. Cather: We had a public meeting on this item, following our initial public hearing... Mayor Suarez: No, no, wait. We arc going to hear from the City first, please. Unidentified Speaker: Oh, sorry. Mr. Cather:...and at that meeting, there were 20 people - 20 property owners, 31 people who objected to this improvement being constructed; namely because they have had to endure for some time traffic problems on 25th and 26th Road. They do not wish to be subjected to any further items on this. At this time they have presented me with is petition from 83 property owners, subject to verification, out of 120 properties affected, that do not want this highway improvement, and it is the Department of Public Works recommendation ghat this project be cancelled at this time... Mr. Plummer: Withdrawn. Mr. Cather:... postponed, and withdrawn, and that the Commission, at this time, pass a rescinding motion, rescinding the ordering resolution, so that we can take the liens off the tax rolls. Mr. Plummer: So moved. 64 February 13, 1986 Mr. Dawkins: Second. Mayor Suarez: I am happy to hear those motions. I am happy to hear your recommendations and I am happy to vote to rescind. Call the roll, unless anyone has any further discussion on the item. Call the roll, please. The following resolution was introduced by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-115 A RESOLUTION RESCINDING RESOLUTION NO. 85-1045, ADOPTED OCTOBER 10, 1985, ENTITLED: "A RESOLUTION ORDERING ROADS AREA HIGHWAY IMPROVEMENT - PHASE I H- 4513 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS ROADS AREA HIGHWAY IMPROVEMENT DISTRICT - PHASE I H-4513. (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. ON ROLL CALL: Mr. Plummer: Since the Mayor is happy, I vote yes. Mayor Suarez: We have just redefined the concept of improvements, so that they have to take into account whdt the people feel that they are improve- ments, and in this case, we took that into account, and you pretty much told us that they were not improvements from your perspective, and they will not be done. Mr. Dawkins: Be sure and vote for Plummer next year! (LAUGHTER) February 13, 1986 28. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF AUBURN SANITARY SEWER IMPROVE- MENT SR-5475-C. Mayor Suarez: Vnich items arc there now? Mr. Cather: Items, 70, 71 and 72. Mayor Suarez: Commissioners, do you wane to try to get through those real quickly, because there are public hearings scheduled for 11:30 a.m. Mr. Plummer: I move item 70. Mr. Dawkins: Second 70. Mayor Suarez: Item 70, confirming the assessment roll. It nas been moved. It has been seconded. Any discussion from the Commission? Please call the # roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-116 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUC- TION OF AUBURN SANITARY SEWER IMPROVEMENT IN AUBURN SANITARY SEWER IMPROVEMENT DISTRICT SR-5475-C (CENTERLINE SEWER) 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 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: Noue. ------------------------------------------------------------------------------ 29. CONFIRM SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR KIRKLAND SANITARY SEWER IMPROVEMENT SR-5478-C. ------------------------------------------------------------------------------ Mayor Suarez: Item 71, another preliminary assessment roll confirmed. Mr. Dawkins: Move it. ul Mayor Suarez: It has been moved by Commissioner Dawkins. Mr. Plummer: Yes. Mayor Suarez: It has been seconded. Any discussion? Please cdll the roll. 66 February 13, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-117 A RESOLUTION CONFIRMING A SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR KIRKLAN'D SANITARY SEWER IMPROVE- MENT IN KIRKLAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5478-C (CENTERLINE SEWER); FURTHER REPEALING SECTION 4 OF RESOLUTION NO. 85-1218 SAID CONFIRMATION OF A SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL BEING NECESSARY TO INCLUDE A CERTAIN PROPERTY PREVIOUSLY OMITTED FROM THE ORIGINAL PRELIMINARY ASSESSMENT ROLL. (Herr 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. 30. CLOSE N.W. 7 STREET BETWEEN 1 COURT AND 3 AVENUE FOR CONSTRUCTION OF MALL IN OVERTOWN. Mayor Suarez: Item 72, closing N. W. 7th Street to traffic between N. W. 1 Court and N. W. 3 Avenue. Mr. Plummer: Move it. Mayor Suarez: It has been moved. Do we have a second? Mr. Carollo: Second. Mayor Suarez: It has been seconded. Any discussion? Pleabe call the roll. The following resolution was introduced by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-118 A RESOLUTION CLOSING N.W. 7 STREET TO VEHICULAR TRAFFIC BETWEEN N.W. 1 COURT AND N.W. 3 AVENUE TO ALLOW CONSTRUCTION OF A PEDESTRIAN MALL AS PART OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION NECESSARY TO ACCOMPLISH SAID PROHIBITION OF VEHICULAR TRAFFIC. (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- February 13, 1986 67 10 AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 11:55 A.M., RECONVENING AT 2.36 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT: Commis- sioner Carollo. 31. REQUEST INFOR.*CATION RE MINORITY ENTREPRENEURS TO LOCATE IN THE BAYSIDE SPECIALTY CENTER. Mayor Suarez: Let's proceed and convene. Agenda item 94. Yes, sir. Mr. City Manager? Mr. Odio: Yes, sir. Mayor Suarez: Whose item is this? Is it the staff? Mr. Odio: It was requested by yourself. Mayor Suarez: Myself, maybe? Well, I'm really in trouble! Where are we at in terms of funding the minority component of the tenancies? Mr. Odio: As you know, we got $500,000 from allocated from Metropolitan Dade County, and we were supposed to ... plus $500,000 coming up now. Now they need a commitment from the City of $1,000,000. I am in support of this. The Community Development... Mayor Suarez: Herb, would the $1,000,000 go ... first of all, where is the $1,000,000 coming from. I have a feeling that we have it earmarked from somewhere. I Mr. Odio: Community Development. Mayor Suarez: They are C.D. block grants? Mr. Herbert Bailey: The 12th year allocations. Mayor Suarez: And where would they go now? Would they go to either a MESBIC or Miami Capital DevelopmenL, or some lending entity, or...? Mr. Bailey: What we normally do when the City allocates money to be used in this fashion, we normally run it through Miami Capital with the specific instructions as to how the money is to be disbursed. Mayor Suarez: Can they go from Miami Capital to the M.E.S.B.I•C. if Miami Capital's board deems it appropriate? Mr. Bailey: The money cannot be used up front for M.E.S.B.I.C. under existing regulations, because as it states, the first $1,000,000 of any M.E.S.B.I.C, has to be private. Mayor Suarez: That what my understanding was. Mr. Bailey: Right, and any public monies subject to the private capitaliza- tion has to also be met by 10% of private money. You cannot establish a M.E.S.B.I.C. with public dollars. Mayor Suarez: In my own conversations ... I don't know, Commissioner Plummer, my own conversations with Art Teale in regards to his M.E.S.B.I.C., he assured me that he had the $1,000,000 of privates monies, but I have to admit that I haven't seen it. 68 February 13, 1986 A% I Mr. Plummer: Well, Mr. Mayor, excuse me. Mayor Suarez: Commissioner. Mr. Plummer: Just to bring you up to speed, prior to your elevation as Mayor, there was a commitment, but it was only on first reading. It never reached second reading. Mr. Bailey: It was never ratified by this Commission. Mr. Plummer: That is exactly what I am saying. Mr. Bailey: In fact, this Commission indicated that it would not entertain that motion, and that any disbursement of funds, whetner it be $1,000,000 or otherwise, would be determined by the Commission. a Mr. Plummer: That's correct, and Mr. Mayor, I want to tell you, that incor- rectly so, the papers have been reporting that as fact, and it is not, and I t tell you that we did pass it on first reading, but there was a lot of infor- mation to be gathered in the interim before second reading, which has not come about at this point. My concern has to be that Mr. Arthur Teale, in nis representation before this Commission indicated that they had an additional j $1,000,000 to be involved in that M.E.S.B.I.C. situation, and I, like you... Mayor Suarez: And that it was from private sources. Mr. Plummer:...exactly! And I have not seen it. Mayor Suarez: I have not seen it either. Mr. Plummer: Okay, so I say to you at this particular point, that until we see some, either deposits, or bank accounts, that we should pursue that avenue which is set up, and ready, willing and able, unless otherwise proven, through the... and I agree with you, the Miami Capital. Mayor Suarez: How able is Miami Capital, as long as we are on that, and I may have had this as another agenda item, but it is quite related. I know tnat the executive director was sick, and... Mr. Plummer: No, well, the executive director was, and they nave an acting director at this point. Mayor Suarez: Who is the acting director? Mr. Plummer: That was the second man in position. Mayor Suarez: Who is that? Mr. Bailey: It is the accountant... Mr. Plummer: Mr. Yurre is the one who had the stroke. Mr. Odio: Mr. Yurre had the stoke. Juan del Cerro had been running the place himself as an executive director, but they have an accountant that is helping them out. What is his name? Mr. Bailey: Domingo Perez. Mr. Odio: Domingo Perez. Mr. Bailey: Right. I. think what we arc trying to get established once and for all, Commissioners, Mayor, is whether or not that is a commitment on the pare of this Commission... Mr. Plummer: Absolutely! Mr. Bailey:... to allocate $1,000,000. Mr. Plummer: Absolutely not! 69 February 13, 1986 Mr. Bailey: Until we can get an understanding whether or not there is a $1,000,000, the rest of the discussion really is not relevant. Mr. Plummer: Mr. Mayor, my suggestion to you, and to this Commission, is that they seriously consider let Mr. Herb Bailey go forward and pull all of the entities together, and come back after he has had the time to explore and see, and to recommend to this Commission, because at this particular time, all we have heard is words. We have not seen dollars, we have not seen bank accounts, and I feel very comfortable with Mr. Herb Bailey being a minority, being involved would come back to this Commission with what is the best recommendation for this community. I have expressed to the Bayside people my great fear, and Lhat fear is that this Commission in its all good intentions, has gone forth and said that we want a minimum of fifty percent minority participation, and that quite possibly that it would be not within their realm or ours to come up with fifty per cent of minority involvement to be involved in thdL activity. That would be a shame that they could not reach those goals with all the dollars involved. I would recommend, and I'm not trying to cut off discussion, but I would recommend in the long run that we empower Mr. Herb Bailey to go forth and bring all of the entities together, let him go through them, for which he is very familiar, and then come back and recommend to this Commission. Mayor Suarez: Herb, assuming that we do that, you might give them an indica- tion, certainly from my perspective and we have not heard from all the Commis- sioners, I'm ready to vote to allocate the million dollars, under the assump- tion that we get all these other components together. I don't want to be in a situation where, you know, which came first, the chicken or the egg. You know, we all sort of wait for each other to make the first move. I'm ready to vote on it even on this instant. However, what I'd like to see is make sure that the package is complete and particularly the private sector end of it and put a litLle pressure on the Southeast Consortium and that group to see if t they will get their monies together on the understanding and I think it's x fairly firm now that the S.B.A. will be guaranteeing most of the loans and that they really have to come up with about ten per cent of the total amount of monies that they have to lend, which are not that high anyhow. If you take four million and ten in allowances how much the B.A.C.? Seven fifty, we've got a million presumably committed by the County. Mr. Herb Bailey: I want to speak to that point, Mr. Mayor. The million by the County is predicated upon the City, making this commitment of one million. Mayor Suarez: That's what I'm afraid of, that we just keep waiting for the other to make the move 3 3 Mr. Bailey: They have already made their commitment in writing. I think 4 their Commission has already approved the use of $500,000 for this year and E $500,000 for next year. We have been having meetings on a continuous basis with the Rouse Company. Mayor Suarez: How does it look with the banks, Herb' Mr. Bailey: Carl Palmer from Southeast Bank is chairperson for that committer to bring in the private sector initiative, and he has indicated at d previous meeting that there would be at least ten banks willing to participate in the commercial side through the S.B.A. guardnteed program. It seems to be.... Mayor Suarez: Can we get written pledges from those banks as quickly as j possible, assuming the conditions that they would impose? Mr. Bailey: The pledge would be that they would actively participate in the S.B.A. program. We can't absolutely guarantee that loans would be made, but we can go through the process and if everything is favorable and relative to the application then you can be assured that the S.B.A. will participate. The bottom line here is to get the local banks committed to even go through the process, and I'm assured that through Mr. Palmer, who is a member of Mr. -Q Weaver's committee, that that commitment is there. It appears the only item that is missing now is the commitment from this Commission as relative to our one million dollars. Mr. Plummer: Mr. Mayor, I would like to make- if everybody is finished... I would like to make a motion at this time that this Commission ask the City Administration, through Mr. Odio to Mr. Herb Bailey, that he go and gather up 70 February 13, 1986 I U all information, analyze that information and come back to us at the next meeting on the 27th and give us an update and a recommendation. I think that is very much in order. Mayor Suarez: And I believe the consensus may be, from what I'm hearing, tnat if we do have in fact those pledges from the private sector, the County pledge seem to be contingent on our pledge. Mr. Plummer: Exactly. Mayor Suarez:..... the B.A.C. money apparently is ready to go, and I know your four million dollars is available. We have been battling, by the way, the Bayside people- I think all members of this Commission- to reduce their requirements on the amounts of cash investments that the minorities have to put in, such that they be very flexible on them. I'm not saying that they should go all the way to zero, but I have heard the figure of four per cent as opposed to ten per cent of the entire equity of each particular tenancy and I'm glad to see that we moved down from ten to about four. But I'm sure in some cases a person will have a lot more than four per cent, depending on tnt cost of the particular tenancy. Mr. Bailey: I'll come back on the 27th and make a report. Mayor Suarez: Wait, we haven't voted on that. t Mrs. Kennedy: I'll second that motion, Mr. Mayor. Mayor Suarez: It's been moved and seconded. Mr. Plummer: Mr. Mayor, just for one further discussion. My concern is not j in the area of the first year or two of operation of Bayside, because it's new, it will definitely be, in my estimation, a tremendous success. Mine is the long term staying power of minorities, which has proved to be a problem in the past. It would be my hope and desire that this City could, in fact, work with the minorities through the banks and Mr. Herb Bailey, Miami Capital, whoever else, that we could be involved on the long term. On the short term, I have no concern. The short term they will be there because the initial, the I newness of the thing will definitely be a tremendous success. The eighteen million people that they project a year, there's no question, the first one or two years before it starts to be down drain will be a tremendous success. So I think what we need to do... is not only address the initial, getting them involved, but the staying power is very important. Mayor Suarez: I just want to add to that that I know the project is desirable enough to have someone as important as the Rouse Company working as feverishly as you have been working and, therefore, I am confident that we will find the tenants that might not all succeed initially, but eventually will have the right composition, because you've told us by your actions that the project is extremely.attractive and we're taking it on your word. Do you want to say something, Mr. Dausche? Mr. James Dausche: I think what you suggested- you, Mr. Mayor, and Commis - sioner.Plummer- is exactly what ought to be done. We have confidence in Mr. Bailey, who's had some experience in putting a program like this together in Philadelphia. Our money will be there. You are right to be concerned about the outer years. I think the program that is set up has to address both getting in and staying in. I thank you on behalf of my wife and family for getting me on tonight. Mr. Plummer: We appreciate your staying here spending your money for lunch in Miami. Mr. Dawkins: And we hope you freeze to death when you get off the plane. Mr. David Weaver: Mr. Mayor and Commissioners, my name is David Weaver, for the record. Mrs. Hirai: Excuse me, Mr. Mayor, we need to call the roll on that motion. Mr. Plummer: He wishes to discuss it and I think it's appropriate. Mayor Suarez: He wanted to be heard on the motion, I believe. 71 February 13, 1986 7 it a Mr. Weaver: For the record, my name is David Weaver with offices at 800 Brickell Avenue. I would like, as Chairman of the Bayside Minority Tenancs Committee, to indicate our total support for the position that your motion would take, Commissioner Plummer, I would like to underline, however, that we are trying very hard to get all these pieces in place, and I would like to ask for clarification, Is it the understanding of the Commission that were we able to get a commitment. for a substantial amount of funds from tht banking community, as well as the four million dollars from the Rouse Company and the million dollars from the County, that the City Commission would positively entertain a million dollar grant to complete the process? Mr. Plummer: Let me speak for one. Speaking for one, I think the City is somewhat obligated to that. But I don't want to lock any doors to you and to Herb Bailey to come back to this Commission and recommend to us the best avenue to travel for the long term. I'm only speaking for one. Mr. Weaver: Thank you very much. Mayor Suarez: For myself, I would express it exactly. In fact, I'd be ready to vote, but I'm deferring to Commissioner Plummer's idea that we get a more complete look at the package. I'd be ready to vote right now to allocate the million dollars. I'm a little concerned about the mechanism to use. I see Jim nodding his head back there. Mr. Weaver: I would just like to be able to say to the banks that if they come up with their money that there's a pretty reasonable probability that we'd be able to close the gap. Mayor Suarez: I think that is a fair statement. Mrs. Kennedy: I chink that is the sentiment of the Commission. Mr. Weaver: Thank you. Mr. Carullo: David, how much money are we realistically looking ac right now? Mr. Weaver: In total, what we would be talking about, the Rouse Company has four million dollars that they have agreed, pursuant to their agreement, pursuant to the contract, there would be a million dollars from the County, a million dollars from the City, $750,000 from the D.A.C., and then whatever monies we could arrange with the banking community, and we would be trying co get. somewhere in the vicinity of seven to ten million dollars from the banks. Mr. Dawkins: The four million dollars from Rouse is earmarked for tenant improvements. Is that right? Mr. Dausche: Commissioner Dawkins, that money can be used for improvements, it can be used for working capital, it can be used for inventory, prepaid costs like lawyers' account fees. Any prudent business expenditure. It is not simply for improvements and it is a minimum figure, not a maximum figure. Mr. Dawkins: In any Event, any package that I apply for, then, I nave to improve the premises in order to put my business in. Am I correct? Mr. Dausche: Not in every case. In some cases yes, but in some cases, particularly for very small merchants, there.are provisions for spaces in Bayside that are completely built out and you just need to bring in your inventory. Mr. Dawkins: I don't mean pushcarts, now. I mean.... Mr. Dausche: No, I mean there are small stores in the place.... Mr. Dawkins: What square footage? Mr. Dausche: They are roughly 200 to 400 feet. Mr. Dawkins: 200 to 400 square feet? Mr. Dausche: Yes. 72 February 13, 1986 V 7 Mr. Dawkins: At 400 square feet, what's the base rental? Mr. Dausche: It will depend on what the use is and how long. Mr. Dawkins: I'll write for a hamburger stand. Mr. Dausche: Well, a hamburger stand is not a retail store. A hamburger stand really has to be built out by a person who designs his own kitchen. Mr. Dawkins: All right, I'm going to sell greeting cards. Mr. Dausche: Greeting cards, fine, it would be roughly, on a monthly ba- sis.... Mr. Dawkins: No, no, no, what is it a square foot? Mr. Dausche: 400 square feet? Mr. Dawkins: No, what is the rental per square foot? Then I'll get how much it is four times that. Mr. Dausche: It would be in the range of around $60 per foot, based on the volume of.... Mr. Dawkins: $60? Mr. Dausche: Ah-huh, based on the volume of business that you're likely to be able to do. Mr. Dawkins: So 60 times 400 is what? Mr. Dausche: That's about $24,000 a year. Mr. Plummer: $2400. Mr. Dausche: $24,000 d year; I think so. Mr. Dawkins: So how many greeting cards do I have to sell just to pay the rent? Mr. Plummer: A whole lot! Mr. Dausche: That depends on how much you charge for them. You have to do a lot of volume. You have to expect to do a lot of volume. Mr. Plummer: Yes, but here again, excuse me, I have to interject this. Rouse Company's projections are my kind of projections. They have been ultra, ultra conservative in every one of their projects. Unfortunately, I've only had the opportunity to see one. Their projections for the Miami Bayside Specialty shows at approximately eighteen million people a year will come to that facility. Now, if you have the exposure and they're true in their projec- tions, $24,000 d year will be a very reasonable rate compared to the avail- ability of your return. Mr. Dawkins: It still doesn't mean a thing if I don't sell enough greeting cards. Mr. Plummer: But here again, Commissioner Dawkins, that is why they are projecting to have these people involved with the capital money that is needed to first, set up; two, to get operational; and three, to hopefully get them on their feet. Whether it's minority or not, the same people have the same availability and if competition, which is the key factor, does not sustain that that is a reasonable rent, minority or otherwise, they won't get any business people in there to do business. So I think that there is the potential there and I would hope and pray that their projections are right and that the people who go in there will go in the a kind of a shop that will produce a reasonable return on their investments. Mr. Dausche: Most do. Some don't, but most do. I would say, Commissioner Dawkins, that for those people who do want to get a little bit more detailed information about the kinds of rents and capital costs that Mayor Suarez has been sponsoring and there are some still to come, some seminars, which we are 73 February 13, 1986 I 1 1 giving and we can give real detail about sales, rents and capital costs for anybody that is interested in that kind of information. Mr. Dawkins: Well, you and I have been through that. I'm interested in the construction. After we get it constructed, then we can worry about who we're going to put in. Mr. Dausche: Right, OK. Mr. Weaver: One last comment. I had the opportunity on Tuesday of this week s to attend the first of those seminars sponsored by Mayor Suarez. It was an extraordinary session. There were about forty people here and the amount of detail that the Rouse Company went into explaining now it works and what the numbers are and the requirements was excellent and I would strongly urge 9 anybody who wants to find out more about how it works specifically and mechan- ically to come next Tuesday at 7:00 o'clock. Mayor Suarez: I don't think it's an exaggeration to say that we're getting a a little bit more information now that we ware at the beginning from the Rouse S Company and we appreciate that. It took a little badgering from Commissioner Dawkins and some of us from this Commission to get it, but we're getting the information now. We have a very quick ceremonial item here, at the sugges- t tion of Commissioner Dawkins. 7 Mr. Plummer: Excuse me, did we call the vote on the motion? Mayor Suarez: No, we didn't. Mrs. Hirai: Mr. Mayor, I have to call the roll now. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-119 A MOTION INSTRUCTING THE ADMINISTRATION TO REQUEST MR. HERB BAILEY TOGETHER ALL THE NECESSARY INFORMATION IN CONNECTION WITH A PROPOSED ALLOCATION OF FUNDS TO ASSIST MINORITY ENTREPRENEURS IN LOCATING IN THE BAYSIDE SPECIAL- TY CENTER; AND FURTHER, TO INSTRUCT MR. BAILEY TO MEET WITH AND BRING ALL OF THE ENTITIES TOGETHER, TO ANALYZE SAID INFORMATION, AND TO COME BACK BEFORE THE CITY COMMISSION AT THE NEXT MEETING ON FEBRUARY 27TH WITH A FORMAL RECOMMENDATION. 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. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy .................................................... .............. 32 RESOLUTIONS OF CONDOLENCES TO FAMILIES OF CHALLENGER CREW MEMBERS 1 Resolution presented expressing the City's grief at the passing of the seven heroes and heroines who made up the Challenger crew. 2 Resolution presented in official recognition of Dr. Ronald E. McNair as a brilliant star in the crown of the NASA program and expressing the r" City's gri•:f at his passing. February 13, 1986 74 33 R.F.P. FOR EXHIBITION HALL FACILITY; CREATE COMMITTEE TO STUDY POSSIBLE SITES Mayor Suarez: Item 74, on the Exnibition Hall. Mr. City Manager, do you want co have a stab at this first? Mr. Odio: Yes, sir, I'm sorry. 3:00 P.M., item 74. Mayor Suarez: I know you came up with an escape valve that would at least solve part of our need by having space at the James L. Knight Convention Center turned over for use as an exhibit hall and that the cost is not so great and hopefully we can get the money from the same ten million that initially was going to be used to build the facility at the F.E.C., or had been proposed for that. Mr. Plummer: Well, part of it. Mayor Suarez: Yes, it's rather smaller than ten million, thank God. Mr. Odio: Mr. Mayor, the public hearing that was called was to recei.,e testimony from the public whether they wanted to build a temporary facility in the F.E.C. property. I don't know if Mr. Fine wants to start off the discus- sion? Mayor Suarez: It would be interesting to see what the latest concept or set of concepts is before we find a bunch of objectors to something that may not any longer be what is being proposed. i Mr. Odio: When the Chamber of Commerce Board of Governors met the other day, Mr. Mayor and Commissioners, I proposed a stop gap measure that we, instead of building a temporary facility for ten million dollars at the F.E.C. site, that we in turn what we should do is spend about a million five, thereabouts, to convert the stores at the Knight Center and the Hyatt Hotel into exhibit hall space. It would give us 36,000 square feet if we could do this between three to six months and that would immediately allow us to bring in about twenty- three to twenty-five more conventions a year, which spillovers would help the downtown hotels and it would benefit the Knight Center by reducing the deficit in the amount close to $300,000 a year for the first year, and that would increase as we have more time to sell that facility. It would be the largest facility of its kind in this part of town. The only one who can compete would be the Fountainbleau, which takes most of that type of medium-sized conven- tions right now. The OMNI only has, I believe, 18,000 feet; I could be corrected on that. Mayor Suarez: As far as having a totally self enclosed exhibit within the hotel. Mr. Odio: That is correct. Mrs. Kennedy: Are you talking about the temporary? Mr. Plummer: No, no, what he's talking about now is inside the Knight Center. Mr. Odio: Yes, Ma'am, it would be a permanent facility at the Knight Center. Mr. Plummer: 34,000. Mayor Suarez: Within the center. Mr. Odio: within the Center, which at the same time would help as the short term solution. Also, what it would do is give us additional banquet facili- ties that we now don't have for large conferences that we might have in the auditorium itself. It would give more flexibility to that building and help us sell it better than we're doing now. We have a resolution to the effacL requesting that item 75, that you authorize the City Manager to negotiate with Miami Center Associates to put this plan into action. That is the solution that we came up with as a stop gap. 75 February 13, 1986 Mayor Suarez: Do you want to tell us about some of the other ideas on the larger facility? Mr. Odio: What we recommend is that we immediately begin to study the perma- nent site, where it should be, and that we proceed to find proper financing to build a permanent facility as soon as possible, so that we can hove that permanent facility hopefully by the time the arena is built too. Mayor Suarez: Do we have... I'm rather more interested than what the Chamber recommended than what the D.D.A. recommended, which was part of one of the City's budies that was supposed to study this and did, in fact, study it. Do we have anyone from our subcommittee that investigated and gave recommenda- tions? Mr. Odio: Cy Hornsby, represents the Chamber. Mayor Suarez: And also the D.D.A. Committee? v a Mr. Cy Hornsby: No, I was present at the D.D.A. Mayor Suarez: All right, why don't you report on that. I was present too, but go ahead. We've all arrived pretty much at the same place by different routes. Mr. Hornsby: My name is Cy Hornsby; my address is 1581 Brickell in Miami. The Chamber of Commerce at a specially called meeting of the Board of Direc- tors and the Trustees, passed a resolution two days ago and the substance of that resolution is five items. I'll just read those through if I can; then I'll be glad to answer any questions regarding what's behind them, because there have been a number of meetings and studies considering these issues. ' The first is that the Chamber would urge the City Commission to continue to work toward a solution to expedite construction of a permanent facility as soon as possible. The second is that we examine all feasible funding sources, recognizing that the ten million dollars is not adequate to build a permanent facility, that we seek other sources to finance both the construction and the operation of such a permanent facility to consider special taxing districts or some incremental tax financing as a possibility since the hotels have been generous enough to, informally at least, offer to help support the additional costs that are involved in this through their incremental sales of rooms. The third is to make both a site and a design selection, after an independent survey of convention planners is undertaken, so that we can assure that we -- s have maximum utilization of a facility. We did both a straw poll and, at the { expense of DeComd, asked Laventhal and Horwath to do a study for us to survey convention planners to give us some insights as to what their opinion would be i of a temporary facility. They surveyed, I believe, 54 convention planners, all of whom had an orientation toward bringing conventions to Miami. 70 per cent of that number said they would not use a temporary facility because of the available better permanent facilities around. That is part of the reason why we feel that we should not waste the available funds that are presently available and we should be working toward a permanent facility rather than a temporary facility, but most importantly, the thrust of this particular aspect of the resolution is that we would urge that a survey be conducted by profes- sionals to decide both what the best site might be and what the best facili- ties or what the needed facilities are in order to allow Miami to be comprti- tive with the other major cities in the country. The fourth part of our resolution, we would urge that park land not be considered as an alternative site for such a facility. Then the fifth, picking up on Mr. Odio's sugges- tion, was that we would support the City's plan to convert approximately 35,000 square feet of the Knight Center to meeting space and to utilize approximately one and a half million dollars of the ten million dollars to accomplish that. Mayor Suarez: Thank you, Cy. Mr. Plummer: Mr. Mayor, I have taken exception with Mr. Hornsby in the past and I'll continue to do so in the future, and that is my problem in which the Chamber of Commerce would like to take the lead with other people's money and I have to tell you that this study which was donee was an absolute farce. What I'm trying to say to you is if you look at the two questions which were asked of those people who were asked to do the study, and I want to remind you that they are the same people that gave us d six million dollar subsidy d 76 February 13, 1986 year to the Convention Center, who said tnis year we would break even, that is the kind of work that they do. I think you have to look at the questions that they were asked to answer. Those questions, number one, would this temporary Convention Center be in competition for national conventions? Never, never was that proposed for other than a flat floor space of exhibi- tion. Nothing about the exhibition center, but for some reason, that was thv question that was asked to be studied and that is the answer that they came back with which was absolutely has nothing to do with the question in hand. The second question was asked by this organization which gave us the six million dollar subsidy on the Knight Center, was how does this compare with that of Miami Beach? I understand that those people of Miami Beach are very parochial in their concerns about Miami Beach, but we're spending the people of the City of Miami's money and the bonding of the people of the City of Miami's money. And surely their answer came back that 500,000 square feet on Miami Beach was much better than 200,000 square feet in the City of Miami. It doesn't take a genius to understand that. I could have got you a three year old to get you that answer. But at the urging of the Chamber, those are the questions that were answered and the bill was nice and politely surrendered to the Sports Authority who paid it. They do not address the question! And the question is first and foremost, do the City's taxpayers of this community want to continue to pick up the tab of six million dollars of subsidy that is incurred each and every year, and by the way, growing, of the James L. Knignt Center. You noticed that I call it the James L. Knight Center as long as it's losing money. When it starts to make money, we'll call it by its real name, the Miami Convention Center. Do we want to continua that? Are the hotels and the restaurants and the taxicabs in the downtown area suffering? Can they wait until 1991 when it is proposed to have a permanent facility? My answer is no. If you wait until 1991, there will be nothing to build an exhibition center for, because they'll all be gone. They'll be in bankruptcy and out of business. The need is real from the inception of my involvement and will con- tinue to be that when this City instigated the action in front of the Legis- lature to create a third cent of bed tax, it was to address our problem of an exhibition center. At the very last minute, for some reason, in the wisdom of the Legislature, they said, "Give us the flexibility. Don't just limit it to an exhibition center, but let us consider other things, such as an arena." And they added that to it. That has been turned around, and what we have been looking at today is the arena first and the exhibition center second. 1 fought like a tiger and will continue to fight like a tiger that is our first and foremost thrust. That is what is going to eliminate that six million dollars out of my general fund that is today going to keep the Knight Center open. If it is not realistic, it is _then when I started in the month of December together with a man, Ronny Fine, who came to my office and said, "We need help to address the problem of an interim stop gap temporary call -it - what -you -may. But my colleagues on the Commission, it is a real problem to the merchants. We have got to give them something or they are all going to be out of business. My position is today, as it has been in the past, and will continue to be in the future, we cannot wait until 1991. We have got to do something now. We have got to do something quick so that we can address the problems of those hotels, those restaurants, those taxicab drivers who are crying out for help. Mr. Mayor, I want you to understand, sir, that my involvement is first to eliminate our six million dollars of subsidy. I still feel very confident that our obligation is to a permanent 600,000 facility, and second to the hotel people, restaurant people, and taxicab and other related industries. I am not wed to the F.E.C. site, which some people have tried to say that I am. I am wed, if possible, to a site under one roof, which is the most successful. If I have done nothing more than been the thorn in the sides of some people for the past two months, at least I have got us to the table to recognize we have a problem. I have also been able to negotiate at least ten million dollars of a bond issue. There would be nothing at this table to negotiate if we didn't have the money, but I was able to be able to accomplish that. I'm not finding fault with the Chamber; I want you to understand that. I feel that the study was wrong. I said that to you before and I'll say it to you again. I don't think the right questions were asked. At no time was it ever proposed that that would be a convention center. It is flat floor space. So I would hope, Mr. Mayor, that this Commission would go about the business of addressing the problem that are multi -fold and I will back this Commission in whatever the majority is, as long as this Commission addresses the problems that are definitely real problems in the downtown area. Mayor Suarez: I agree, before we go too much farther, because we really should move on this item, with everything you said, except the amount being lost by the James L. Knight . As bad as it is, it's closer to three than to 77 February 13, 1986 six million dollars a year, but have we all moved away from the F.E.C. proper- ty? I know the D.D.A. committee that studied this recommended that we not use the F.E.C. property and I'm told today, Ron, that you and the rest of the hoteliers that you represent, are also ready to move awdy from that site, which I think would relieve the concerns of a lot of people in our City, that we would use park land for our exhibition hall. Mr. Dawkins: Also, I would like to clear myself as J.L. I'm not putting ten million dollars into nothing temporary. Mrs. Kennedy: Before we continue this discussion.... Mayor Suarez: I think everybody wants to have tneir say, yes, please. Mrs. Kennedy: The last time this came up, I abstained because of a conflict of interest that my husband had. I have just checked the legal opinion and I would like to enter it into the record if I can vote on this. Mrs. Dougherty: Yes, Commissioner Kennedy, your husband has no involvement with any of the projects presently, and he continues not to represent any particular project or any site, and therefore, you do not have a conflict of interest. Mayor Suarez: I note that we have Mr. Codina here who is the Chairman of the Downtown Development Authority's Committee and will give us a very brief report on what the recommendations were. Ron, do you want to tell us about moving away from that F.E.C. site, if that's the case. Mr. Ron Fine: Mr. Mayor and Commissioners, with your indulgence for about two minutes. Mayor Suarez: That's about the right amount that we got. Mr. Fine: At your instructions, we conducted certain studies and engaged in meetings with all sections of the business community. Over the last month, we have had participation by over three hundred executives within the City, the Chamber of Commerce, the Downtown Development Authority, the editorial boards of the Miami Herald, and the Miami News, the Miami Motorsports Exhibit, the City of Miami staff, and the different hotels that are involved. What our work demonstrates, and you have this in your package is that we can build a permanent exhibition hall for ten million dollars. If you'll look within that, we have obtained.... Mayor Suarez: How many square feet? Mr. Fine: 200,000 square feet. We have obtained for you a proposal to build that from Turner Construction, one of the major construction companies in the United States. We went to them because the question came from basically on cost at our last meeting from Mr. Hollo, so we went to this construction company who built the Marriot Hotel on his property, so we could have somebody that was of size and was acceptable by all parties. Number two is, you'll look in this information that it says that part of the Chamber study indicat- ed, part of the Chamber question said that this exhibition center would not have meeting rooms, would not have adequate air conditioning; it wouldn't have proper utilities; it would not have support facilities. So we specifically enter into the record today an acknowledgment that this ten million dollar building would have sixteen prominent soundproof meeting rooms, a fully operational air-conditioning system, utility grids, mercury vapor lighting, and all the support facilities required in there. So the integrity of the process for the last month is such that we've been able to validate for you the assertions we made about cost. Number two is we found within the commu- nity a very strong emotional attitude against using the Bayfront for any other facilities. So even though we have over three thousand front feet of bayfront in Bayfront Park, and even though this building would take up about 250 front feet, it was felt that for the betterment of the community that the hoteliers decided to withdraw the F.E.C. site as a recommended site. What we have recommended, based upon the cost information we have, our work indicates that not only can we build this, but we can build a complete convention center in modules. That means start with maybe 200,000; add another 100,000 feet; add another 100,000 feet; add another 100,000 feet until we get up to the 600,000 feet that we want. So based upon the demonstration of our work for the last month and tnis validated information which you have in the package before you, 78 February 13, 1986 a 0 we then recommended that this matter be sent back to the Sports Authority with instructions to commence an immediate study for a plan that will lead to the immediate construction of a facility. The facility which we propose for the ten million dollars is a permanent building. The facility we're posing now is a permanent building and so we ask that we clear the record. The way the word interim or temporary got into the process was, we said we need 200,000 today; we need 600,000 feet medium term and let's start with the 200,000 feet and that is what our recommendation is today. We request you send it back to the Sports Authority with instructions to come back here after doing a comprehen- sive study with which we are willing to participate in with our engineers and our architects and planners. Thank you. Mayor Suarez: You've changed from a temporary to a modular facility, basi- cally, and not using the F.E.C. site. Mr. Fine: Yes. Mayor Suarez: Armando, do you want to give a quick report on what the D.D.A. did? Mr. Plummer: Xavier, I'm not willing to send it back to the Sports Authority. I've got the money separated. Mayor Suarez: Oh, yes, let me say two things very quickly, Armando, because I think Commissioner Plummer has indicated in his initial statements something we all agree on, and I have not heard every Commissioner on it, but we do not intend to give the ten million dollars back to the Sports Authority. The whole idea is to take it out and to have it available for possible leverage and at least to be a catalyst for the rest of the monies that we need. I also want to commend Mr. Fine and Commissioner Plummer for having really gotten all of this moving by making us think very hard and in a very quick period of time. Let me tall you there have been so many meetings with so many intelligent people. The one thing I would hate to do is to go to item 75 and now go out and send out an R.F.P. if that is what I understand it to be for a marketing study for consultants to consider what every business mind in Miami has been looking at over the lase three months, it seems like, or certainly within the last two months, and we just go through that process again. We don't need to do that, so maybe we'll just appoint a committee of this Commission, and I know J.L. would like to serve on it and would be willing to serve on it, maybe some of the other Commissioners would like to serve on it and some other people like the hoteliers and some members of the Sports Authority, but with the idea of going very quickly on this. Armando, we appreciate your work. Would you tell us what the result of that subcommittee's consideration was? Mr. Armando Codina: Mr. Mayor, members of the Commission, my name is Armando Codina. I was the Chairman of the temporary exhibit space committee that the Downtown Development Authority put together. I have enclosed, I have here for you, which I'd like to enter into the record, the resolution passed by our committee. For the sake of brevity, I will not re.,d recommendations into the record, but the Downtown Development Authority felt that we were opposed to the building of this temporary facility on the F.E.C. land. I also would like to enter into the record and give you a copy of an analysis and a report put together by the D.D.A. on exhibit space around the country; what is being built; what is the economic impact of such exhibit space. I would like to also enter that into the record and give you a copy for you to take and read in your own time. If I may, on my own words, Mr. Mayor, members of the Commission, I'd like to give you our perspective. We think Miami must forget f about Latin America, the economic impact that Latin America had in this community in as much as there is very little that we can do to revive that as Miamians. The domestic tourism, the reality is that we are limited on whist we have to offer, but the perception about Miami is a lot worse than the reality. Therefore, the only area that we see, and the most important area where we think economic development and a revival of the downtown can occur is if we build a first class, permanent exhibit space. The only thing worse than not building. the exhibit space at this time would be to build a second class facility, temporary facility in our best park land. Therefore, we urge you to get on with the job of building this permanent facility. I think there are a number of sources of monies available so we can build a first class facility '- wherever you think in downtown that had to be and leave that at the discretion of the Commission and the Sports Authority. We are prepared to work hard on trying to put together a business plan that would make sense for the building of that exhibit space. Thank you. 79 February 13, 1986 Mayor Suarez: There was a lot of talk, I remember too, about going to the Legislature and asking for some line item appropriations that Dade County certainly seems to be entitled to as help for completing the package that would give us a forty-five to a fifty million dollar facility, assuming we build one that cost that much. Ron is telling us that we can maybe build it for about a fourth of that, which is yet to be determined. We thank you for your report and for your work on this. It's nice to see you in a capacity other than as treasurer of one of my principal opponents. John, do you want to tell us about item 75? Mr. John Gilchrist: Mr. Mayor and Commissioners, this is a substitute resolu- tion, which was sent out to you in the last couple of days. We would like to ask you to take action on that. I'd like to read the headings. "It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to negotiate an agreement with Miami Center Associates for the conversion of approximately 36,500 square fret of leased retail facilities in City of Miami space at the James L. Knight International Center for purposes of utilizing this space as an exhibition facility for the center and downtown hotels; and further recommending the utilization of proceeds of the ten million dollar temporary exhibition facility bonds for that purpose; and directing the Miami Sports and Exhibi- tion Authority to authorize a comprehensive feasibility plan for the immediate construction of a permanent exhibition hall; and authorizing the City Manager to provide an amount not to exceed $50,000 from the Special Programs and Accounts Contingent Fund for expenses incurred in the development of the comprehensive feasi- bility plan; and further directing the repayment of such funds upon identification of funds to construct the permanent exhibition hall." If there are any questions on that, I'd be glad to.... Mr. Plummer: Who will be doing the study? Mayor Suarez: That is the one thing we have yet to determine. it seems like, is what the vehicle will be for preparing a study that we will presumably decide on vary quickly so ghat we get this going. Mr. Gilchrist: We are asking you to direct us to the Sports and Exhibition Hall Authority to have that study done. They would go out on a competitive processing. Mr. Carollo: I have another question, John. Who...? Mr. Carollo: Who is Miami Center Associates? Mr. Odio: Worsham. Mr. Gilchrist: That is Earl Worsham, they have ownership of the retail space. Mr. Carollo: OK, I figured it would be, but I wanted to be sure. Mr. Plummer: Joe, the reason for that is that Worsham basically has an overall control of the Knight Center. What we're saying is that if we buy out 4 the leases and we make the improvements, that we will derive the revenue therefrom. . Mr. Carollo: All that I'm asking the Administration is to make sure that we don't cut another great deal for the City, like we did with the Knight Center. Mayor Suarez: Anytime we negotiate with the Worsham we have the concern that we may end up the same way as we did last time we negotiated with them. Mr. Odio: No, sir, it won't happen. Mr. Plummer: No, that's Laventhal and Hogwash. Mr. Carollo: Maybe we'll be lucky this time around, since Joe Grdssie would be negotiating for him this time. February 13, 1986 80 Mayor Suarez: Does the Commission have any suggestion on the vehicle that we could use, the mechanism we could use to come back with a report and a site and everything else. Mr. Odio: Let me say something. Larry Turner is here. He might correct me on this. We have studied this matter to death. There have been sites sele,:t- ed by prior consultants. There are three prime sites that were selected at one time. I think what we have to decide now is which site we want to build this thing on. Is it feasible? What we need to do is a feasibility on why we need to operate the facility once it's built also. That's important because it will have a deficit attached to it. Mayor Suarez: The big skepticism, I think, on the part of the Commission as far as the Sports Authority is we all know by now the fact that they move so fast on the sports arena and so slow on an exhibit hall. Throwing it back to the sports arena concerns us for that reason. I don't think we're Hiding anything on that point. I think Commissioner Plummer stated it rather un- equivocally. So what we ought to do now is really create a committee that f will get recommendations to us very quickly and that will keep in mind our priority, which is to have the exhibit hall as quickly, if not quicker than the sports arena. i J '• Mr. Gilchrist: Mr. Mayor, we were trying to find a vehicle by which to expedite this, and the Sports and Exhibition Authority is prepared to give the control of that study to the Administration of the City. Mr. Plummer: Excuse me, I don't think that should be the case either. I would hope a committee would be of three people: one of the Sports Authority, j one of the Administration, and one of the Commission. Because when you get it beyond that, and I would not have any objection to the hotel people who are j vitally concerned, be involved if it's four. But I think the smaller you r keep the committee, the more you are going to accomplish and the quicker jyou'll be able to come back with an answer. Mayor Suarez: I have no problem with that. We have a resolution before us, and I don't know if anyone wants to take a vote on it. Mr. Carollo: So move that resolution. Mr. Dawkins: Without the $50,000. Mr. Plummer: Excuse me, I will second the motion, but I would ask that prior to the motion being voted upon, that those members be designated if it is to be four in number or that the motion include now many in number and who they are to be. I think that's very important. Mr. Carollo: I'm all for suggestions in numbers, but I don't think it should be an overly large board. Otherwise, it's going to take forever to reach a consensus. Mr. Dawkins: Under discussion, what's going to happen to the $50,000? Mr. Plummer: $50,000 will be put up by us, reimbursed by the Sports Authori- ty. Mr. Dawkins: Put up by us to do what with it? If we're going to use staff people and other people, what are we going to spend $50,000 for? Mr. Plummer: No, you won't be using staff people. You'll be using a lot of people from out of town to advise on the national planners, for example. That is very important. :1 Mr. Dawkins: That's money to use for their transportation and per diem. Mr. Plummer: No, sir, that will be for their recommendation, researcn, marketing and feasibility. Mr. Gilchrist: And that is a number not to exceed. Mr. Plummer: Not to exceed, of course, and it will all be repaid to the City �`M by the Sports Authority, which they have agreed upon. rt 81 February 13, 1986 Mayor Suarez: We are incorporating into the resolution the additional motion of a creation of a three person committee. Is that what you want to do, Commissioner? Mr. Plummer: I would say, Mr. Mayur, I feel that four. One representative of the Sports Authority, one representative of the Commission, one of the Admin- istration and one of the hotel people or the people vitally affected. Mayor Suarez: The only problem with four is you may have a two to two tie d lot. Mr. Plummer: No, sir, this is not a voting situation. This is a situation in which they will do a study and recommend back to the Commission. Mayor Suarez: Well, but they will nave to recommend things and they'll nave to vote, but I don't think that will be a problem. Mr. Plummer: Do you want five" I'm not locked to four. Mayor Suarez: No, the smaller the better. Mr. Plummer: I agree. Mayor Suarez: And the quicker the better. Mr. Carollo: I think four would be sufficient. Mr. Plummer: That's fine. Mayor Suarez: That is a modification to the resolution that has been drafted by the City and that is before you, which would include the creation of a four -person committee to study and to recommend to this Commission further action on the other eight and a half million dollars of that ten million temporary bond facility, temporary bond monies. Mr. Plummer: That would be an oversight committer. Mayor Suarez: And it would be an oversignt committee. It's been so moved. Do we have a second? Mr. Plummer: I second it and I accept the amendment. Mayor Suarez: Moved, seconded, amendment accepted. from the Commission? Please call the roll. Any further discussion 82 February 13, 1986 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-120 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH MIAMI CENTER ASSOCIATES FOR THE CONVERSION OF APPROXIMATELY 36,500 SQUARE FEET OF LEASED RETAIL FACILITIES AND CITY OF MIAMI SPACE AT THE JAMES L. KNIGHT INTERNATIONAL CENTER FOR PURPOSES OF UTILIZING THIS SPACE AS AN EXHIBITION FACILITY FOR THE CENTER AND DOWNTOWN AREA HOTELS; AND FURTHER RECOMMENDING THE UTILIZATION OF PROCEEDS OF THE 10 MILLION DOLLAR TEMPORARY EXHIBITION FACILITY BONDS FOR THAT PURPOSE; AND DIRECTING THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO AUTHORIZE A COMPREHENSIVE FEASIBILITY PLAN FOR THE IMMEDIATE CONSTRUCTION OF A PERMANENT EXHIBITION HALL; AND FURTHER AUTHORIZING THE CITY MANAGER TO PROVIDE AN AMOUNT NOT TO EXCEED $50,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS CONTIN- GENT FUND FOR THE EXPENSES INCURRED IN THE DEVELOPMENT OF THE COMPREHENSIVE FEASIBILITY PLAN AND FURTHER DIRECTING THE REPAYMENT OF SUCH FUND UPON IDENTIFICA- TION OF FUNDS TO CONSTRUCT THE PERMANENT EXHIBITION HALL. (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: I might add that in all these discussions, one of the things that came across is that even a third possibility, once we do a 200,000 square foot facility, assuming we go to that amount, maybe 150,000 or whatever, is to have an even larger, or certainly more possibly, more first class facility right smack in the middle of downtown, if we could negotiate for that and we can absorb all that exhibit space, is what the studies that I've seen indi- cate. So one thing does not preclude the other, and maybe the third thing will be in line by 1994, as they were talking about the first one being in line. Maybe the first one will be in line very quickly and the second one within the next 15 months. I guess it's up to all of us in this community to push it forward and make sure that 150,000 to 200,000 square foot facility be built, whether it's modular at a cost of ten million or a little different in design at a cost of forty or forty-five or whatever it is, that we all put our best efforts to make sure it gets done. Mr. Plummer: Mr. Mayor, I ask at this time that this Commission so designate who are the four members of that committee. Mayor Suarez: I think it would make sense for the hotelier to be Ron Fine and I would accept a nomination to that effect. Mr. Plummer: All right, and from the Sports Authority, I'd like to recommend Larry Turner. Mr. Dawkins: And from the City Commission, J.L. Plummer. Mr, Plummer: I'd like to recommend from the Administration.... Mr. Dawkins: Now, wait, you already had one. Let somebody else have one. 83 February 13, 1986 Mr. Plummer: I have no recommendation. Mr. Carollo: He had three. Mrs. Kennedy: Just be happy that you're there. Mr. Carollo: From the Administration, Mr. Manager, who would you suggest? John Gilchrist? It's a good suggestion. Mayor Suarez: We have the four nominations. Mrs. Kennedy: I will not ask for a fifth member. Mr. Odio: He has six months to build it. Mayor Suarez: All right, we close the nominations and yes, Bob? Mr. Al Cardenas: Mr. Mayor, Commissioners, for the record, my name is Al Cardenas. I'm here on behalf of the Dacoma Group. You yourselves in the resolution, which you have adopted, have charged us with a number of responsi- bilities. My suggestion if it is acceptable to you, the author of the pro- posed committee, is that you have a five entity committee, including the developer which you have selected to do this project so chat we all can participate in this same process, if it makes sense to you. Mr. Plummer: Excuse me, Al, I think that they are ably represented by Mr. j Larry Turner, who has negotiated with them and I feel that they are ably represented, if Dacoma were to be the developer. What I'm trying to say is we're not locking Dacoma in to the City's portion. So I feel that Dacoma is well represented. They are very familiar to Larry Turner. I think he can speak for how they feel. Mr. Cardenas: That's fine. Mayor Suarez: We have a motion and a second. Do we have a second? Mrs. Kennedy: Yes. Mayor Suarez: Do we have a motion? Mrs. Kennedy: We have a second. Mayor Suarez: We have a motion and a second. Any further discussion? Call the roll. §.............................................................I.............. THEREUPON, ON MOTION DULY MADE BY PLUMMER AND SECONDED BY KENNEDY, THE COMMIS- SION PASSED AND ADOPTED A MOTION DESIGNATING FOUR MEMBERS TO THE NEWLY CREATED OVERSIGHT COMMITTEE IN CONNECTION WITH THE CREATION OF A NEW EXHIBITION CENTER AS FOLLOWS. APPOINTEES: -COMMISSIONER J.L. PLUMMER (FROM THE CITY COMMISSION) -JOHN GILCHRIST (FROM CITY ADMINISTRATION) -LARRY TURNER (FROM THEE SPORTS AND EXHIBITION AUTHORITY) -RON FINE (FROM THE HOTEL INDUSTRY). (Note: This motion was later incorporated in the text of R-86-120). 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: That cakes care of items 74 and 75. Mr. Plummer: Mr. Mayor, I will now call a meeting of that committee on Tuesday at a time to be determined, so if the four members will be aware that yr r there will be a meeting on Tuesday. 84 February 13, 1986 s Mr. Carollo: I second the motion of Mr. Plummer naming himself Chairman of the committee. Mayor Suarez: Sounds like there was an implicit appointment of a Chairman. Mr. Plummer: Somebody's got to do it. 34 DISCUSSION REGARDING DRAFT OF R.F.P. ON MASTER PLAN FOR ENTIRE MARIYE STADIUM SITE ON VIRGINIA KEY (See label 37) Mayor Suarez: Item 73. Mr. GilchrisL: I'm going to have John Blaisdell represent the R.F.P. he drafted for us. I might remind the Commission that at the last Commission meeting, the Mayor and Commission asked us to furnish at an early stage a draft copy of the R.F.P. so that everyone had a chance to go through it and to set a public hearing for this meeting. Under our unified development project process, the Commission must take public testimony at the end of which they will either authorize or not authorize the manager to proceed with issuing a request for proposal. They will name a review committee from the names submitted by the City Manager, and I have those to pass out right here, and select a C.P.A. firm for the review of proposals submitted as a response to the request for proposals. Mr. Carollo: John, what I'd like to really see, and I'm the one that started iall this going, is that we have a master plan, not just of the horse shoe there by the Marine Stadium, but a complete master plan of the horse shoe and all the areas adjacent to it in the Marine Stadium and all of Virginia Key together. It's about time that we have a master plan of the whole area, that we go about this in an organized, professional manner, not chopping that whole area up a little bit here and a little bit there, where at the end, if we keep going at the rate that we're going, the City is not going to be able to make anything of what we have out there. We have probably the most valuable asseL that the City of Miami owns in Virginia Key and the Marine Stadium. And I think that if we take time and make sure that we develop a concrete, profes- sional, sound master plan, then the next step will be to follow the procedure that we're looking here today of establishing criteria of putting it out for an R.F.P. with sufficient time so that not only national firms or even inter- national firms can come in and place their bids if they want to. Mr. Gilchrist: We're prepared to do that, and would be delighted co move forward with looking at the entire Virginia Key for the Administration and for the Commission. We need guidance from you in terms of this R.F.P. and in terms of what we should do from tnis point on. Mayor Suarez: John, regarding this particular R.F.P., what has been the reason for the preparation of it. Has the Commission asked you to do tnat or do we have a lease that is expiring, or what? Mr. Odio: No, we were requested- I think it's about a year ago- to develop an R.F.P. to find out what the private sector could offer us that we are not doing right now so that we could improve the City's position, financially, in the Marine Stadium. That was one of the reasons. I don't want to.... Mayor Suarez: Who currently manages that? We do ourselves? Mr. Odio: We do. We used to have... we have a zero..o we don't make any money, but we don't have any deficit there now at the current time. Mr. Carollo: Is that with straight books or shuffling books? Mr. Odio: No, it's the right books. Mr. Carollo: What was the deficit that....? Mr. Odio: We went from $300,000.... _ Mr. Carollo: You guys keep smiling, so you know.... 85 February 13, 1986 -- Mr. Odio: No, no, what we tried to do, we went from about five events a year... Victor Cahill and Walter Golby have done a great job in having more events there. Mr. Carollo: So we didn't lose any money this past fiscal year, but we didn't make any money. IMr. Odio: No, we didn't make any money. Mr. Carollo: We didn't lose any money though. Mr. Odio: No. Mr. Carollo: Ok. How much did we lose the previous years? Mr. Odio: We were losing about ... the average was three hundred thousand a year. Mr. Carollo: Three hundred thousand dollars a year? Mr. Odio: Yes. There is no question that if we would put money into this facility and build for instance a permanent stage, you could tie it witn a monorail to the Seaquarium, next door and Planet Ocean, monies that we don't have, that the private sector could offer, that something beautiful could be done with this facility. Mr. Carollo:. Well, there is still a question in my mind that the whole Marine Stadium site, all of Virginia Key, if we go about it with a sound intelligent, professional master plan, that it won't be long down the line when it's finally all developed, that the City of Miami could make millions of dollars in profit a year from that. That's if we want to go about it like a corpora- tion. If we want to go about it like we done on the rest of it, then we are either going to lose hundreds of thousands a year or if we are lucky break even in some things. Mr. Odio: Commissioner, do you know, we have a sixty-five hundred seats, permanent seats theatre type ... if we had the permanent stage a lot of other events could be put in there that we cannot now. So, it is no question that we have to put money into the facility to get money out of it. Mayor Suarez: Does the RFP provide for maintaining all of the events that we _ typically have in there in any one year? Mr. Odio: Yes. We are protecting the Unlimited Regatta, and any other big events that we have had there in the past. Mayor Suarez: Are there any that we are cancelling and that we are saying r: that they dre not going to be included in the RFP? Mr. Odio: Are you cancelling anything? Mr. John Gilchrist: No, what we were trying to do with this RFP was to recognize all the existing conditions at that site. The leases around it and the Rowing Club and the restaurants and all that, but we are asking the private sector to come back with inspired proposals of what to do with the entire site and we are not limiting them. We want to hear from them what they have to offer. Mr. Carollo: Sure, but a.t the same time, Xavier, even though they are consid- ering that which is good, because someone is paying us three thousand dollars a year for three quarters of an acre or a hundred for, you know, a site the same size, we have to do what's best for the City and what's going to provide the most revenue for the City of Miami. Mayor Suarez: I understand and I guess we've had some correspondence to that effect, that the PACE people are willing to be among the bidders Mr. Odio: Yes. Mayor Suarez:... and put in as much as five million dollars of money in Improvements. Is that going co be real hard cash and not like some of these s. other concessionaires? February 13, 1986 .F 86 Mr. Gilchrist: I cannot speak for their numbers and so on. There is someone here representing them and they may want to give public testimony, but they came to us November a year ago and asked us to put it out for competitive bid and indicated to us that the were willing to carry the cost of revitalizing and rebuilding the stadium and stage and so forth. Mayor Suarez: Does the RFP at this point call any large amount of investment by the private sector bidder, and if so, what amount is that? Mr. Plummer: It's negotiable. Mr. John Blaisdell: No, Mr. Mayor and Commissioners, the RFP... Jonn Blaisdell, Department of Development for the record. The RFP has been struc- tured to indicate that the City intends to commit no funds and no services... Mayor Suarez: And no future obligation. Mr. Blaisdell: No, future obligation. Other than services as Policy and Fire which is currently provided to other facilities in the City. Mr. Plummer: No, that...let me tell you something, that was not my under- standing. Ok. I would prefer that it be totally left open, that the City was agreeable to investing funds depending on the return to the City and the long t term lease of the negotiation and I would hope that the City would not bind itself to that opportunity, that if we wanted to invest certain "X" number of j dollars, that we would get a greater return over the long term. I don't think the City should bind itself, but have the flexibility of letting the develop- er come forth with an amortized scheduled. Mr. Odio: But that's not what we were instructed to do. Mr. Plummer: Ok. I'm speaking for one. I never speak for more than one. Mr. Carollo: Well, J. L., I would be in favor of something that would give us the flexibility, no question about that. Mr. Plummer: Definitely. Mr. Carollo: For instance, Dinner Key Marina out here, because of the flexi- bility that we have had, it's been bringing us seven hundred, eight hundred thousand dollars revenue a year. Mr. Plummer: Exactly. Mr. Carollo: And I think this past fiscal year bought in about a million dollars. Mr. Plummer: If I can invest a million dollars of City money and over the long term get back five million, I think the people would say I made a good investment. Mr. Odio: Oh, I will take it too. But ... ok. Mr. Plummer: I didn't say you could have it. Mr. Odio: So, will you inscrucc us how you want to handle this matter? Mr. Carollo: Well, I think the instructions are clear. We just want the flexibility of either, you know, keeping it and doing it ourselves on some parts of it. Some I think, you know, are going to be so great that there is no way the City can do it itself. Mr. Plummer: It's negotiable. Mr. Carollo: Others, you know, leave it open to see if we could invest some money too and maybe do a joint venture with someone. Mr. Odio: Yes, sir. We are not...even if we put out the proposal and John, ^� correct me, we don't have to accept any proposals. We could still have the right to do whatever we choose to do. '< 87 February 13, 1986 Mr. Carollo: I hope all my colleagues remember that for everything relating to Virginia Key and the Marine Stadium. Mavor Suarez: We are going fishing a little bit is what you are saying, but I do hope that all the elements of the RFP are correct. Mr. Odio: That's exactly what we are doing. Mayor Suarez: And I think we have clarified some of them at least. Mr. Plummer: Let me just... Mayor Suarez: Commissioner? Mr. Plummer: ... for edification of myself. John, are we speaking basically, that of the RFP of what we see on the map? Are we talking about the thousand and forty-seven acres remaining that we left owned? What happens to the present lease holders such as the Hut and the people of Rusty Pelican? I need to know the scope of the RFP. Mr. Gilchrist: This RFP addresses only that land which is not under any kind of other agreement out there and I would walk you through that over there at the site. Mr. Plummer: So, then you are speaking about even the ocean front property which is not under any kind of a lease presently. (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: Yes, sir. But now what about on the ocean side, that's not under lease? (INAUDIBLE BACKGROUND COMMENT). Mr. Plummer: All right, sir, so then it is limited to basically, what you have on the photograph? Ok. That's what I knew. Now, what about the leas- es...oh, excuse me, the leases that are already in existence arc not part of it? (INAUDIBLE BACKGROUND COMMENT). 'Mr. Plummer: All right, sir, thank you. Mr. Carollo: J. L., what they have before us here is limited to that, but what I'm saying is to include and make a master plan of everything, the thousand plus acres that we have out there. Mr. Plummer: I have no problem... Mr. Carollo: For instance, I think we would be completely out of our minds if after we acquire the funds from the Feds, that we certainly will, to improve our beaches, to give that out to someone out to run for the City and that's one of the first steps we would have made. The hotels of the City of Miami will have beaches and we could have shuttles, hydrofoils coming from Downtown Miami, so that in two or three minutes they could be bringing in tourists from the Downtown hotels into our own beaches in the City of Miami, Virginia Key. Better beaches than Miami Beach has. Mr. Plummer: Agreed. Mr. Gilchrist: What the Commissioner is making reference to is we have been requested and have applied for the Corps of Engineers. Mr. Carollo: We approved that this morning by the way. Yes, it was voted upon this morning. It's the Corps of Engineers request, which out of the four requests that we are touching and asking, one of them is going to be for monies for the restoration of Virginia Key beaches, which the indications are that they are very much in favor of, or want to start that project. Mayor Suarez: So, basically, to understand one more time, we are not propos- ing an RFP at this point to include any of the items listed there. 88 February 13, 1986 Mr. Plummer: That are presently under lease. Mayor Suarez: I'm sorry? Mr. Plummer: That are presently under least. Mayor Suarez: That are presently under lease. Mr. Gilchrist: That's correct. I would suggest... Mayor Suarez: What about the ones that were contemplating these things, like item... Mr. Gilchrist: I would suggest to you that what happens is when someone is prepared to make a proposal, they go out and talk to those people who are out there with, for instance, Hancoa. Mayor Suarez: Oh, sure, they negotiate.... Mr. Gilchrist: And they negotiate and what we are doing is trying to open the... Mayor Suarez: And those people get quite rich a lot of times and... Mr. Gilchrist: ...open the door to allow them to be creative and come back with proposals. Mr. Odio: Commissioner, may I ask... Mr. Mayor, may I ask a question, please, sir? The part of Virginia Beach... Ms. Kennedy: Is that a Freudian slip again? Mr. Odio: No. I would like to... We are preparing a genuine development project for Virginia Beach. I would like to ask you a question, whether we could incorporate that to this and have one developer who wants to do the Marine Stadium plus, tnat, so they could have a... so that they will melt witn each other, if I may say so. I don't know... Mr. Plummer: How about a part "A" and part "B", if they wish to go on "B" they can. Mr. Odio: Yes. That's right. Ok. Mr. Carollo: Well, I think that you have to open it up to even more than that, part "A", "B", "C", "D", "E" possibly, because some of the different ideas they can come up with at Virginia Key, probably is going to entitle more than one entity to come in there and do it. Mr. Odio: I guess what I was saying Commissioner, and Mr. Mayor, that it would be a compatible development so that one blends in with the other or they could have the choice of either one. Mr. Carollo: You are looking J. L., at a project that by the time we are done with that whole island, might be ten times greater in dollars invested to develop it than Bayside. You are looking at the biggest project the City of Miami would have gotten itself involved in. And the one that's going to give the biggest return to the City. Mr. Gilchrist: I would just like to suggest that we've put a lot of effort into doing this particular RFP for that site and it's not something that we can do overnight to move into the next step, but we would, on your instruc- tion, we would be, I think correct to professionally approach the entire site and the restoration of the beach and the development of tnat beach area, but we would need more time to prepare that. Mayor Suarez: As presently proposed the RFP does not include the site contem- plated for Casino Espanol? 't Mr. Blaisdell: No, sir. Would you like a... Mr. Plummer: Well, it's covered by the fact that it would not include any present leases and if we past that lease, then that would be it. t . R 89 February 13, 198E Mayor Suarez: Even if we haven't dealt with thdt item yet, I just want to make sure... Mr. Odio: Since you haven't awarded this... Mr. Plummer: You are not approving the RFP today. They have got to go back and redraw the RFP into final form. Mr. Carollo: Sure, we don't want to cut up any more areas for any more friends or anybody that has a special interest to get their three quarters of an acre before we finally decide to make a master plan? Mr. Plummer: Well, I'm talking about Plummer Beach out there on... Mr. Carollo: Well, let us know now, J. L. For three thousand dollars a year, you know, I would like to get a dozen myself. Mayor Suarez: In Suarez Beach everyone must wear a bathing suit, I guarantee You. Mr. Blaisdeli: Mr. Mayor and Commissioners, the intent of the legislation adopted by the Commission at the previous meeting was to review and take testimony on the public hearing today on the RFP and at the conclusion of the RFP issue it, unless the Commission dictates to the contrary now. Mr. Gilchrist: We can incorporate any... Mr. Plummer: Weil, I would say at this particular point, all right, that this Commission has taken testimony if nothing more than from the Commission. That we would like to see more than just this go out as the RFP, but as Commission- er Carollo brought out that we would go with this as, let's say "A" portion. The "B" portion would be the beach, and "C" would be all of the remaining and then... Mr. Carollo: Well, J. L., again, you can't do it that way because all the remaining might not necessarily mix and when you are talking about a thousand plus acres, what I would ask if we could do it this way, is make this side "A" and then on Virginia Key let the professionals that we have break it up into how many different areas they think should be brought out. Mr. Plummer: Fine. Mr. Carollo: See, basically, what we have here in the Marine Stadium is side "A" and really it should probably be "A" and "B". Let me tell you why. One is the stadium. That's still going to be usable and we could either keep running it ourselves or if we think we could make a better profit with someone else lease it out, so people can still hold concerts or whatever there. The other is a Marina Del Rey type of facilities where we could have over two thousand slips eventually for boats and everything else that's marine -oriented that would go with it. Mr. Odio: Sir, this RFP includes the water. So, you have to... because you are talking about a marina, this includes the water. Mr. Carollo: Oh, absolutely, it includes the water. Mayor Suarez: Insofar as it's our jurisdiction. .We have to be careful in preparing this line that we are going throw out there to see what kind of fish we catch, not to throw out a .line that is so big that the smaller fish will not even bite at all. I mean, it would be nice if we can get to whole island redeveloped in some way .that we would like done, assuming we even want the whole Island redeveloped, but we ought to be careful to at least make it in components so that people can bid individually. That would be my preference but, I'm ready to take the Commission's... Mr. Carollo: Well, this is what I'm basically, saying, Xavier. Whet I'm saying is to break it up in chunks that people can develop and... a. 90 February 13, 1986 Mayor Suarez: And we seem to have someone that is interested in developing the present area that is now managed by the City and the P.A.C.E. people want to... Mr. Carollo: Sure. Ok. For inscanLe, P.A.C.E. wants to bid on that. Now, if we would just make it into one bid there is no way in the world that they could bid for the Marine Stadium and to build, you know, slips out there. They don't nave the know how the money or so on. Mayor Suarez: Yes, I don't know, but I ... we nave no indicaLion thdL they would want to do the whole island. Yes, John. Mr. Gilchrist: What I would suggest is that you consider issuing this RFP for this facility and authorize us to come back with a conceptual master plan for the rest of the island. Now, if the Commission's wish is that we don't, tnat we hold off that's fine. You instruct us accordingly. This RFP is ready to go for the operation and management of that facility and we have bidders... Mr. Carollo: My feelings, again, John, are the following, you know, and I don't know if I have the support or not; that we do not put anything out for an RFP until we develop the full master plan, number one. Secondly, that once we do that, once we have a whole master plan, that when we start putting out different RFPs' we leave sufficient time, even if it's six months before the deadline is cut so that we could get the best possible bids suggestions frum all over the world. That people from all over Europe, Asia, anything in between, from all corners of our States be able to analyze this and we could get the best possible corporations bidding and presenting their ideas of how to best utilize the area. For instance, Disney, I'm sure will be super interested in looking at some areas of Virginia Key. Mayor Suarez: Ok. What is the Commission's pleasure on this? I think we ought to move on it. We have certainly argued about it long enough. Mr. Carollo: Well, my... Mayor Suarez: And it is a public hearing, so we should take any input from interested parties. Sir? Mr. Richard Shack: Hi. My name is Richard Shack. A year ago we formed a venture or I helped form a venture with P.A.C.E. Incorporated of Houston which I'm afraid some of the Commissioners may not have an idea of who it is. This is a five hundred million dollar company. This is not P.A.C.E. locally, that is a charity. This is a... Mayor Suarez: That's a whole different P.A.C.E. If has the same back- ground... Mr. Shack: This is the P.A.C.E. that owns twelve theaters, produces over three hundred fifty annual festivals and conventions and functions all throughout the Country. This is one of the largest theatrical groups in the world as a matter of fact, right now. This was formed with Festival Ventures which is a local company, that produces things like the Kool Festival, the Fresh Festival, just had David Copperfield down here. These two groups together offered to put together a million dollars to repair the Marine Stadium. That is to do a cosmetic repair on it, to guarantee seventy snows a year to appear at the Marine Stadium which would then generate at least a hundred thousand dollars... between a hundred thousand dollars and seven hundred thousand dollars net to the City and at the same time advance to the City five hundred thousand dollars not to be repaid by the City, but to come out of ticket prices in order to do the electrical and piling repairs that need to be done to make the facility function properly. P.A.C.E. is still 3 interested in the project as are we and that's why we are asking for this RFP to be released in the form that it is. The other projects that are involved would be of interest to other people. This is merely to create promotion of events at the Marine Stadium and make it a world class Marine Stadium. It is a marvelous facility that's been there since 1966. I have a particular interest in it because I did the shows in the first year that it was up and Jr. was tremendously successful with the Florida Philharmonic family concerts. We did jazz concerts out there and it was all very very successful back in 1966 and 1967. It can be done again. We would like the opportunity to answer �._ February 13, 1986 91 the RFP at this point. We would like the Commission to consider putting out the RFP in this form, at this point and then add to it at a later date with "B","C","D" and "E". Mr. Carollo: One question for you, sir. Would your proposal represent... well, would it represent any problems to your proposals if we would have a marina out there that eventually will have over two thousand slips? Mr. Shack: That would be fine and that would supersede what we are doing as ' promoters. At this point we are ready to take over now and start promoting so that the City can begin making money any where between a hundred and seven hundred thousand this year on a property that has not made any money in a f bunch of years. Mr. Carollo: Well, but, you know, it's great and you know, it's super that we have that motivation and that interest, but what I have been saying is that, one, the City of Miami will be doing itself a disservice if we don't look at everything together, have a complete master plan and then put it out in different sections. At the same time, if we do not put out enough time and possibly the time that we need to to place out from the time that we put it out for bids to the time that they have to be in, might have to be as long as six months to really give everyone the same fair advantage and for some of these large national and international corporations that might want to come and bid, give them ample time to present the best possible solutions that they might be able to. Mayor Suarez: Let's hear... are you here to object or co... 1 Captain Dan Kipnis: Actually, Mr. Mayor and Commissioners, I'm not here to... i 9 Mayor Suarez: State your name and address, Dan. s Captain Dan Kipnis: My name is Captain Dan Kipnis, 1600 Tigertail Avenue, Miami, Florida. Maycr Suarez: Thank you, Mr. Shack. Captain Kipnis: Being that I haven't seen what's up here and being that I am a member of the Waterfront Board, being that we have been trying to get this in fronL of us so that we could relieve you of this burden which is what our responsibility is for approximately five months and we have been thwarted on all sides and I don't know it and the rest of the Board members don't know it, I would like to ask why do we even have the Waterfront Board if you must go through this when we can take this burden off your shoulders? I would like to know what it is. Mayor Suarez: It's a fair question, but I'm not sure that this is necessarily the moment in which we have to consult you. We can put out and RFP and get all your comments on it too. I mean, I... Captain Kipnis: I just wanted to bring it up that here comes another instance of something going by the Board that is taking your time. Mr. Plummer: No, no don't put the cart in front of the norse. Excuse me. The City has always done and we will continue to, we put out the RFP, when they come back we will send them to you for review. We will get the advice and the recommendation and counsel of the Waterfront Board, but the Water- front Board does not make the decisions, the hard decisions, that this Commis- sion is elected. Captain Kipnis: I was not saying that, Mr. Plummer. Mr. Plummer: Ok. Captain Kipnis: It just came as a surprise to me when I read the agenda. Mr. Carollo: Do the Waterfront Board ever get a hold of any of the proposed RFPs' that we have going there now like Casino Espanol or any others? February 13, 1986 92 Captain Kipnis: None of this. I mean, we come and meet and we don't have an agenda. We don't have people in the... Mr. Carollo: You all never received the RFP after it was placed out on that particular site there. Why don't you come out here so you can see this. The triangle on the right. The upper triangle on the right. Right. (INAUDIBLE BACKGROUND COMMENT) Mr. Carollo: Isn't the process that we have to follow, J. L., is that after i it's put out for an RFP we send it to them? Mr. Plummer: Joe, it was put out for an RFP and it was brought back and the City didn't negotiate it. Now, whether or not the City went before the Waterfront Board, I can't answer that. I... Mr. Carollo: So, that's one of the processes that we have to follow. Mr. Plummer: It's normal process, but I don't thing it's mandatory. a Mayor Suarez: No, it's definitely not mandatory. Captain Kipnis: I feel I'm wasting my time showing up at the meetings. Mr. Carollo: Yes, but he is making a good point. If we have a Waterfront Board... Mayor Suarez: It's not mandatory, but we really should be forwarding any- thing to you that has to do with our waterfront. There is no doubt about it Dan, and we appreciate your input and we certainly ought to do that, and we will in this case. I'm ready to move on the item if no one else is, because we can't argue about it forever. Mr. Plummer: Commissioner Carollo. Mr. Carollo: Well, now... what the item is, Mr. Mayor, that we insLruet staff to come with a complete master plan for the Marine Stadium site and all of Virginia Key... Mr. Plummer: Not presently developed. Mr. Carollo: Not presently developed. That's correct. Now, John, how long of a time do you need for this? And I don't want to rush you, because this is too important for the City to rush staff and then get, you know, half an egg instead of the whole picture. Mr. Plummer: Three and a half hours. Mr. Gilchrist: Thank you, Commissioner. I believe that I can't answer that solely myself, but I will make a stab at it. It's my intention in the Depart- ment of Development to work with our other departments and this is a Planning Department task in a major way. Mr. Carollo: Yes, this is a huge task. Mr. Gilchrist: I will function as a kind of client representing the City's interest in dealing with them and I will have an input to it. we will, our department. But I'm speaking here for the Planning Department and that's probably unfair. I would like to see as much as six months available to come back with it. Mr. Carollo: Well, I would imagine that you would need a minimum of that. So, I..* you know, I would suggest to my colleagues that we will leave it open and if by six month time they can't come back to us that we will schedule it in the agenda for them to give us a report of where they are at. Mr. Plummer: Commissioner Carollo, could I ask of you, sir, that the time frame be not to exceed six months. It could be less. 93 February 13, 1986 Mr. Carollo: J. L., I would prefer to word it in such a way that if by six months they are not finished, they are then to come before the Commission to explain to us why they are not finished dnd where tney are at and how long it will take. This is a huge task we are asking them to do. I mean, for in- stance, Watson Island. John, how much time do you spend on Watson Island? I mean,... Mr. Gilchrist: I started in 1977, sir. Mr. Carollo: Yes, and that was for something that was a failure, not some- thing that's going to, you know, be a complete success like this and this is fifty times bigger than Watson Island. Mr. Shack: In the interim, may I ask again, humbly, that the Commission approve this RFP as the first step in order to get the facility in shape for the production of shows that would make a profit for the City. This RFP stands strictly on its' own as merely a performance facility for the Marine Stadium. This is not the Virginia... z F Mayor Suarez: Now, I'm ready to vote on that RFP Dick, and I'm ready to close debate on the concept of taking the whole island and I'm really having reser- vations about that, because we haven't even thought about that. I don't one 3 thing takes away from the other. So, Commissioner, you want to make your J motion? Mr. Carollo: I made a motion. Mayor Suarez: Ok. We have a motion on the floor that... Mr. Plummer: Second. Second the motion. Mayor Suarez: ...we not take up Item 73, this RFP and instead instruct the City to consider the use of the entire island in possible development as I have stated. It's been seconded as I have stated. Now, under discussion, I'm going to vote against that because it seems to unduly delay an RFP could get us a vary interesting project. Any further discussion from the Commission? Mr. Carollo: Xavier, you know, I can certainly respect that, but what we have to realize is this, that by pushing this now he might have a great offering, but we might then have someone else that will offer twice as much as they are and may be something here more interesting. Mayor Suarez: One thing contradicts the other, Commissioner. I really don't... and I think our City staff has explained that adequately, that we can proceed with this RFP. We can take... accept one bid or reject all of them at a later point and in the meantime we are moving on a possible project that can benefit the city greaily and that someone apparently wants to invest as much as five millions dollars. Frankly, I haven't even though about the possible uses of all those other beaches or nor that we even have to get into Planning for any of them. Some of them look fine to me. I... they could be perfectly well as on spoiled land as far as I'm concerned. I don't know now the rest of the Commission feels and we probably ought to just go ahead and take a vote on it. Mr. Carollo: Well, Xavier, I would rather look at things in a much more ` progressive outlook into the future and those beaches there, if you will go to _ there now are not being used and the state that they, are in the reason frankly and partly why they are not being used, but I think that sometime in the future you will probably have a different outlook at that. Like I have seen that you have had in different things when you have been shown that, you know, your ideas at the time weren't necessarily correct and you do not have all the facts, but you know, I respect that opinion. Mayor Suarez: As we say in the law, reasonable men differ and in this cast two reasonable men differ a lot, but your motion has been made and duly seconded and I'm going to close debate on it dnd let's Lake a vote on it, because there is a lot of people here that wish to be heard on a lot of other items. Please call the roll. Mr. Plummer: I have other discussion relating, but not direct. a ' �, . February 13, 1986 94 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-122 A MOTION DENYING DRAFT OF RFP PRESENTED TO CITY COMMISSION REGARDING M95TER PLAN FOR ENTIRE MARINE STADIUM SITE ON VIRGINIA KEY; FURTHER INSTRUCTING THE CITY ADMINISTRATION TO COME BACK WITHIN THE NEXT SIX MONTHS WITH A COMPLETE MASTER PLAN FOR THE ENTIRE MARINE STADIUM SITE AND THE ENTIRE VIRGINIA KEY AREA NOT PRESENTLY DEVELOPED, AT WHICH TIME, IF SAID MASTER PLAN WERE STILL NOT FINISHED, THE CITY MANAGER WOULD HAVE TO COME BACK BEFORE THE CITY COMMISSION TO GIVE REASONS FOR THIS DELAY. (This motion was later reconsidered by M-86-125)• 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 ABSENT: Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. 3 ON ROLL CALL: 1 Mr. Dawkins: I'm going to vote "no" and in voting "no", I think that if we can put out the RFP and if we don't like it we can turn it down and go back and start over. i t Mayor Suarez: That does away with Item 73 and I take note of the fact that we have instructed the City to come back with some kind of a report as... Mr. Odio: Six months. Mayor Suarez: Within six months I understand, right? 9 Mr. Odio: Yes. Mayor Suarez: Because we really should move on this. Mr. Plummer: Mr. Mayor, two other areas of concern. Mr. Manager, I am very concerned, air, that beaches exist out on the outside of this here and people are going out there and creating a liability for the City. At nights, the 4 gate is not locked and it is creating a tremendous problem for the Police Department by literally thousands of young people that are out there that are drinking. I think the City needs to gee that gate closed after sun down as all City parks are involved, and eliminate this liability for the City. 35. BEGIN R.F.P. PROCESS FOR PROMOTION OF AMPHITHEATER AT BAYFRONT PARK Mr. Plummer: Second of all, Mr. Gilchrist, it is my understanding that the amphitheater which will be in the new Noguchi Park is the City's control. Is that correct? Mr. Gilchrist: It is at this point. We haven't finished the design or bid it yet. Mr. Plummer: All right, sir, I would like to make a motion at this time that the City immediately instigate an RFP for a promoter to come in and to pro - note in that amphitheater .so that the day that Bayside is finished wr will have a ready to ran promoter who will go in, hopefully, and promote that amphitheater which is very key to the operation of Bayside. I so move Mr. Mayor, that the City develop an RFP for the operations and promotion of the amphitheater in the new Bayfront Park. Mr. Carollo: Second. February 13, 1986 x, 3 95 & 0 Mr. Dawkins: Under discussion. Mayor Suarez: It's been moved and seconded and under discussion, Commissioner Dawkins. Mr. Dawkins: Commissioner Plummer, what's the difference in what you just proposed and what the guy just left out here with? Mr. Plummer: No, sir. That is noc under Bdyside's control. The amphltnedter is under the City's control. The amphitheater in Bayfront Park. Mr. Dawkins: Oh, Bayside. Amphitheater. Oh, not the Marine Stadium. Mr. Plummer: No, sir. It has nothing to do with that. Mr. Dawkins: Ok. Thank you. Mr. Gilchrist: Commissioner Plummer? Mayor Suarez: John? Mr. Gilchrist: May I offer some discussion? Mr. Plummer: Sure. Mr. Gilchrist: I would like to see it done as a unified development project rather than an RFP for the operation... Mr. Plummer: John, I'm not limiting your... Mr. Gilchrist:... in order to allow the developer to put ... the promoter to put money into it. Mr. Plummer: I have no problem with that, it being part of the RFP. Mayor Suarez: I think the motion really... Mr. Plummer: But I think we need to do something now... Mayor Suarez: Yes, it's to instruct you to start studying what should be done there. Mr. Plummer: Exactly. Mayor Suarez: Ok. A motion has been made and seconded, any further discus- sion, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-123 A MOTION DIRECTING THE ADMINISTRATION TO IMMEDIATELY BEGIN PROCESSING AN R.F.P. FOR A PROMOTER WHO WOULD BE HIRED TO HANDLE THE OPERATION AND PROMOTION OF THE AMPHITHEATER AT BAYFRONT PARK IN ORDER THAT CONCOMI- TANTLY WITH THE OPENING OF THE BAYSIDE PROJECT, THE ADMINISTRATION MAY IMMEDIATELY PROCEED WITH THE PROMOTION OF THE AMPHITHEATER. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote- 96 February 13, 1986 # 0 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. 36. APPROVE IN PRINCIPLE CITY HOUSING CONSERVATION AND DEVELOPMENT AGENCY. Mr. Odio: Mayor, #76 was due at 3:30. Mayor Suarez: We have a tough decision to make here on which items we handle. People have been waiting here for quite a long time. You have nad you say already today a couple of times. We are going to. ( INAUDIBLE BACKGROUND COMMENT) . Mayor Suarez: How many people do you have here on your item Ann Marie? (INAUDIBLE BACKGROUND COMMENT). Mayor Suarez: Be very brief, we are going to take up Item 51. Ms. Ann Marie Adker: This comes from the Community Development Department and we would like to know what they are doing or think about these plans. That's Frank Castaneda. Mayor Suarez: On 51 I understand that we are basically voting on the princi- ple or the concept of having a City of Miami Housing Agency, somewhat inter- esting title of City of Miami Housing Conservation and Development Agency. Maybe it should just be the Housing Agency or Housing and Development Agency. We have got a lot of conservation entities running around that maybe we may not need to add that name to it, but that's up to you. Herb? Mr. Herb Bailey: Mayor and members of the Commission, what you have before you is a request to have the City Attorney's Office determine the legal sufficiency of whit would entail a proposal for this Commission to set up a housing agency to act as a housing responsible authority to carry out many of the housing projects that this Commission would like to have done. Mayor Suarez: Would that take away some of the functions now performed by Little HUD? Is that the idea, the Housing Authority? Mr. Dawkins: That's my idea. Mr. Bailey: Two items that we would assume that are now currently being done by Little HUD in Dade County and that is substantial housing rehab and the section eight certificates. Mr. Dawkins: And the discretionary funds. Mr. Bailey: Yes. It would permit us to consolidate our own efforts and other federal funds that we have to carry out a housing program within the City. Mayor Suarez: Does this resolution, Madam City Attorney, carry the implica- tion that we can do this without... Madam City Attorney? Lucia? If we approve 51, are we saying in affect that we have the legal authority to take away certain housing powers from Little HUD, not that I have any hesitancy abouc doing that. I just want to know what we are voting on here. Ms. Lucia Dougherty: All you are doing is instructing me to draft an ordi- nance. We have already opined that the powers lhdt we gave up several yedrs x; M,. `.: February 13, 1986 97 AIL ago are still going to remain in Little HUD, but there are new powers that the City has obtained from the Federal Government that are not, that had not been given up to Little HUD and we will continue to use that and OLner ones that have subsegjently come about. Furthermore, we are going to do our own housing code enforcement by reason of this ordinance. So,... Mayor Suarez: Oh, that would be excellent. You got my vote on it. I would only suggest again, the change of the name to take out some of the wording there and just make it Housing and Development Agency. Ms. Kennedy: Let me ask Mr. Bailey something. Will we... Mayor Suarez: We are not closing off the bay, we got all...not all the time in the world. We got some time. Mr. Odio: Commissioner Kennedy, has a question. Mayor Suarez: Commissioner Kennedy? Ms. Kennedy: Will we be creating new positions or using existing staff? Mr. Odio: The answer to that is "no", there won't be no creating no new positions or we never would get to this point. Ms. Kennedy: Ok. Mayor Suarez: Thoc's an excellent question. Very important question. Mr. Plummer: Ok, I... Mr. Dawkins: You learn well, Mr. Manager. Mr. Plummer: I think a very key point here is that this allows this City to do things that HUD, in Metropolitan Dade County, cannot do. Is chat correct? Mr. Bailey: Cannot do and has not done. Mr. Plummer: Ok. And I think that's key, because without this the City would lose the availability of this, with this the City is doing something tnat Metropolitan Dade County has not and cannot do, and I think that's very key. That we are not going in competition. We are not taking away anything from HUD. We are doing those things which HUD cannot do. Mayor Suarez: Do we have a motion on this item? I think we have exhausted the discussion. Have we not? Mr. Dawkins: Move it. Mayor Suarez: It's been moved. Mr. Carollo: Second. Mayor Suarez: Seconded. Any further discussion? Please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-124 A RESOLUTION APPROVING, IN PRINCIPLE, THE ESTABLISH- MENT OF A CITY OF MIAMI HOUSING CONSERVATION AND DEVELOPMENT AGENCY, DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ENABLING LEGISLATION, AND DIRECTING THE CITY MANAGER TO PREPARE A WORK PROGRAM AND OPERATING BUDGET FOR THE CITY COMMISSION'S CONSID- ERATION. (Here follows body of resolution, omitted herr and on file in the Office of the City Clerk.) 98 February 13, 1986 Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following voLe- 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: Yes. Ms. Adker: Now, Item 52. Mr. Odio: She wants all the items. Mayor Suarez: You are not dictating to us which item you want to go to next are you? Ms. Adker: We are the voters. Mayor Suarez: You are vehemently suggesting to us which item? We are going to take 52 anyhow because what I would like to do is see if 52, 38... Mr. Odio: 46. Mayor Suarez: and 60,... Mr. Plummer: And 46. Mayor Suarez: ...46 and 60 all have relations to one another. The relation- ship to one another being that they all deal with the different housing initiatives that we have got in the City and then we can get to, what I belief to be your island counselor. 58. I know you have got some people waiting on that. We got... we lost our City Manager. Mr. Dawkins: What are we taking 38? Mayor Suarez: No, 52. Mr. Plummer: Where is the Manager of the month? Mr. Odio: I'm here. Mr. Plummer: 52. Ms. Kennedy: Mr. Mayor, I have a problem. I have Just been advised that on Item... the R.F.P. item, which one was that? Mr. Plummer: Which R.F.P? Mayor Suarez: 73. Ms. Kennedy: 73. I stepped out of the room and the.motion changed. So, I... my vote is recorded wrong. Mayor Suarez: I will entertain a motion to reopen the item. Mr. Odio: Which Item is that, Mayor? Ms. Kennedy: 73. Mr. Odio: 73. Mr. Dawkins: Now, what are we doing now? 99 February 13, 1986 Ms. Kennedy: I was voting for the R.F.P., but as I left the room the motion had changed, nobody advised me of that. Mr. Odio: Then you have a problem, because you have to... you have no motion. Mayor Suarez: I will entertain a motion to reopen discussion of Item 73. Mr. Odio: What happened Madam Clerk, is that by voting Ms. Hirai: If it is legally accepted by the City Attorney, if she makes the clarification on the record, we can go ahead and change her vote officially. Mr. Odio: She thought she was voting on the R.F.P. for it and she didn't know she was voting Ms. Dougherty: Well, she was on the prevailing side anyway. Mr. Odio: No, Ms. Kennedy: When I left the room the motion was in favor of the R.F.P., then it changed and nobody advised me. Mr. Plummer: It changes the motion. IC reverses the three two. Mayor Suarez: If not, I will entertain a motion to repeal what we did on Item 73. Madam City Attorney, I know you can figure out a way to do it. Ms. Dougherty: You can reopen it. IMMEDIATELY THEREUPON, A VOTE FOR RECONSIDERATION WAS TAKEN OF THE PRIOR MOTION. ..................................... I ............ ............. ....... 37. RECONSIDER M-86-122, MASTER PLAN FOR ENTIRE MARINE STADIUM SITE IN VIR- GINIA KEY; BEGIN R.F.P. PROCESS FOR UNIFIED DEVELOPMENT PROJECT FOR MIAMI MARINE STADIUM. (See label 34) Mayor Suarez: Ok. We have a motion to revisit or reopen Item 73. Do we have _- a second? Because if not, I will second it. It's seconded. Commissioner Carollo, I'm glad we have you back. We have a motion and a second, any further discussion? I'm sorry, you arc the Chairman.(MAYOR PASSES THE GAVEL FOR THE PURPOSE OF SECONDING THE MOTION). Mr. Dawkins: And further discussion? What they... Mr. Carollo: On What Mr. Mayor, 70... Mr. Dawkins: What happened, Joe... Madam Clerk, explain to the Commissioner what happened please, so he can be appraised of what's happening. Ms. Hirai: We are revisiting the vote on Agenda Item 73, because Commissioner Kennedy, voted on what she thought was a motion and in fact it was another. So, we will revisit the issue and vote again. Mr. Carollo: All right. Mr. Dawkins: Further discussion. Ms. Kennedy: I'm not used to boards changing motions so fast. Mayor Suarez: This is just to reopen 73. Mr. Dawkins: Any further discussion, call the roll Madam Clerk, please. THEREUPON, on motion duly made by Commissioner Kennedy and seconded by Mayor Suarez, a motion to revisit previously taken vote on Agenda 73 was defeated by the following vote: �k y: Yk i` 100 February 13, 1986 j AYES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller Dawkins ABSENT: None. Mayor Suarez: There is a Latin term for this. I don't know whdL... I don't remember what it is. "Facta Est." We are on 52. Mr. Odio: Well, we have no conclusion on 73 then. Mr. Plummer: Oh, yes, you do. The matter was not revisited, so the motion previous stands. Mayor Suarez: The prior motion stands. Mr. Plummer: That's correct. Mr. Dawkins: That's unfair though. Mr. Mayor, that's unfair, I change my vote. Mayor Suarez: Ah, we got another vote. We got another motion to revisit the latest vote we just took. Mr. Dawkins: That's unfair. I mean, I respect the Commissioner's right to... Mayor Suarez: I appreciate that. I think it would be fair to the Commission- er. Mr. Plummer: Excuse me, out of order. Commissioner Dawkins, was not... Mayor Suarez: That's motion passed. I am now the Chairman again and I will enLCrtain a motion to revote on the last item or to reopen the vote. Commis- sioner Dawkins? Do you have a motion to reopen the item once again? Mr. Dawkins: Yes, I so move. Mr. Plummer: Yes, is there a second. Mr. Dawkins: Yes, I move.. Mayor Suarez: I second it. Mr. Plummer: No, he made the motion, right? Mayor Suarez: And I just seconded. Mr. Plummer: Ok. So, I'm the senior officer. Call the roll please. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-125 A MOTION TO RECONSIDER PRIOR COMMISSION ACTION WHICH DENIED RECONSIDERATION OF PREVIOUSLY TAKEN VOTE ON AGENDA ITEM 73 (DRAFTING OF A COMPLETE MASTER PLAN FOR THE ENTIRE MARINE STADIUM AND FOR THE VIRGINIA KEY AREA NOT PRESENTLY DEVELOPED.) Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote- 101 February 13, 1986 AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ABSENT: None Mayor Suarez: Back on 73 one more time. Mr. Odio: What do I have on 73? Mayor Suarez: Now, the motion was to not accept the City's proposed RFP for the Marine Stadium and instead to instruct the City witnin the next six months to study the entire island and come back with some development proposals. Is that more or less correctly stated, Commissioner? Mr. Carollo: That's corrCct? And again, let me explain this as clearly as I possibly can so that Mrs. Kennedy, and everyone else here can understand it. If we are going to go about developing that area the City of Miami owns by piecemeal, then we are not going to get the maximum financial benefit that the City of Miami can acquire. Here we are talking about bad times, that we got to come up with new ways of saving the City money and finding monies for this City so that we don't have to raise taxes and here we have a gold mine that we haven't begun to put together in a professional master plan... Mayor Suarez: Commissioner, I have to warn you, I'm hearing the same argu- ments and we are going to... Mr. Carollo: Well, Mr. Mayor, that... Mayor Suarez: I'm going to take the Chair prerogative pretty soon and end discussion. I'm warning you of that. Mr. Carollo: No, Mr. Mayor, you might and I certainly, you know, understand if you want to, but each member of tnis Commission has the rignt to speak and... Mayor Suarez: I don't want to prevent you from saying what you want to, but not to repeat the same thing over and over again, please, sir. Mr. Carollo: ...I haves to finish saying what I want to say. I'm not saying the same thing over again, and if you want... Mayor Suarez: Sounds pretty similar to me. Mr. Carollo: Well, if you want to bring it up and the majority of my col- leagues want to shut me up, then that's fine, then I will nave to, but up until that time comes I'm going to express myself, sir. It's just like you always have the opportunity to express yourself and no one tries to interrupt you. Mayor Suarez: For a reasonable period of time, sir, as determined by the Chair. Mr. Carollo: Going back to what I was saying, this land that the City owns is the most valuable asset that the City of Miami has, if we go about it in a professional manner to develop it to the fullest economic value that we can. The City of Miami can make a tremendous amount of money on a yearly basis and I would go as far as saying that when it's fully developed we could probably bring in in excess of ten million dollars. Some of you might say well, how could that be? Give you just one example, Dinner Key back here that has approximately four hundred boat slips, this brought the City of Miami last fiscal year in returns approximately one million dollars alone. only one of the phases that we are looking at in this particular area is in building for the Cicy of Miami a marine that's going to be even larger than the world famous Marina Del Rey. A marina that's going to have over two tnousand boat slips. We could go on and on and on of what the potentials arc there and I will be more than happy at any given time publicly to show the media, to snow 102 February 13, 1986 the public, some of the ideas that I have discussed in the past of what could be done there, but what I'm saying is that why let this go now, because we have one group that's well intended that wants to offer, no question about it, a good gain for the City on a yearly basis, when we could actually try to get other groups that might even offer double whac these people are offering? We don't know what the potentials are. They have been studying this for some time and they are going to make one offer, but if we go out now and just put this part out, there is no way in the world that we are going to get any coordination between this part and the other area of Virginia Key and possibly not get some of the major national and international corporations to come in and bid on different projects, and same that want to bid on one part that ties into another. Or again, they might want to bid only one part. So, this is whac I'm trying to show to my colleagues, but you know, I certainly respect - the opinions of the other half. Mayor Suarez: We have a motion and a second and I'm going to close debdtr and call the roll. Mr. Carollo: Whac is the motion that we have? Mayor Suarez: It's your motion, sir. I think it's been explained duly now a to all the Commissioners. Yes, Wellington. Very briefly, please we goc ? people waiting to be heard on so many items here. Mr. Wellington. Rolle: Mr. Mayor, before... Wellington Rolle, I live in the City of Miami. On this particular Item 73, I think it would be helpful if you have the City Attorney to look at Section 3, I think that there is a prohibi- tion against what you are talking about in developing the waterfront unless this particular development is in the existing property for the waterfront. If it's not there, then I'm saying to you directly it's a violation of the Charter and I think that for the record, Mr. Mayor, you need to ask the City Attorney to read that information into the record. Mayor Suarez: I will personally, so instruct her prior to the RFP being... if it is passed. Mr. Rolle: I think prior to the vote you should do that so all the Commis- sioners will know. Mayor Suarez: Well, I don't think so, but I respect your opinion on that. Mr. Carollo: Ok. What is the opinion you gave again, Wellington? Mr. Rolle: It's Section 3(f) in the Charter. It prohibits this kind of development piecemeal unless it's a part of the existing City plan ... cne development plan for the City of Miami. If it's not apart of that right now you really can't legally, lawfully do it. Mayor Suarez: Yes, well, we are not even yet talking about any development that I know of, but we will look at it. I mean, I.. we certainly have to look at any things that you have pointed out in the Charter as you want to do quite $ often to make sure that we are doing the right things properly, and we appre- ciate your input. I think it's been noted and I will personally make sure that it's considered Wellington, as I have done in the past with your legal and constitutional concerns. We have a motion and a second... Mr. Plummer: Excuse me, the motion on the floor is what? Mayor Suarez: The motion is the original Commissioner Carollo, motion to not accept this RFP and instead to instruct the City within the next six months to petty much come up with a plan for the entire island. Mr. Plummer: I second the motion. I Mayor Suarez: It's been moved and seconded, please call the roll. THEREUPON on motion duly made by Commissioner Carollo and seconded by Commis- sioner Plummer, the foregoing motion instructing staff to come back in 6 months with an RFP for the entire Marine Stadium area was defeated by the following vote: 103 February 13, 1986 AYES: Commissioner Joe Carollo Commissioner J. L. Plumy, Jr. NOES: Commissioner Rosario Kennedy Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: I think we are ready to cake a vote on the original RFP Item 73. It's implicit but we've got to take a vote on it. Ok. Do I entertain... I will entertain a motion on Item 73 that we approve that RFP. The issuance of the RFP. If you don't make the motion, I'm going to move it because if we go back again and not get something done after all this... Mr. Dawkins: I just moved, if you shut up and ask for a second. Mayor Suarez: Thank you. We nave got a motion do we have a second? Ms Kennedy: Yes. Mayor Suarez: It's been moved and seconded, hearing no further discussion, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-126 A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR A UNIFIED DEVELOPMENT PROJECT ACCOMPLISHING THE DEVELOPMENT OF CULTURAL, RECREATIONAL, ENTERTAINMENT AND MARINE -ORIENTED RETAIL USES, INCLUDING FOOD AND BEVERAGE SALES, OF THE MIAMI MARINE STADIUM LOCATED ON CITY -OWNED WATER- FRONT LAND AT 3601 RICKENBACKER CAUSEWAY. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ABSENT: None Mr. Carollo: Now, if I may ask Lhe City Attorney to study the statement that Mr. Wellington Rolle, made to see if there is any validity to that, and then if you could bring it back hopefully, before we adjourn. Ms. Dougherty: I have it now if you... Mr. Carollo: You do have it now. Can you go ahead .with it please? Ms. Dougherty: 3(f) provides that the use must be authorized under the then existing master plan of the City of Miami. Mr. Plummer: Is there a master plan is the question? Ms. Dougherty: There is a master plan for the City of Miami. There is a comprehensive plan. I don't know the answer to that question and there is as.. Mr. Caroilo: Well, what is your answer? Is it "yes" or "no"? 104 February 13, 1986 Ms. Dougherty: I don't know if it is or isn't. I mean, that's...I'm the lawyer. I'm not a planner. Mayor Suarez: Ok. Would you please report back to this Commission before we get along too far on this RFP whether that section in the Charter referred to is violated in any way by the issuance of the RFP? Mr. Odio: Mr. Mayor, you... Ms. Dougherty: Mayor, I would suggest that you ask thu administration whetn- er or not it violates the master plan. I Mayur Suarez: Oh, I see, we need a planning answer. Mr. Odio: You have to select a certified public accounting firm and you have to appoint members to a review committee to evaluate the proposals of tnu... Item 73. Mayor Suarez: That will be the procedure we follow, right, under the RFP unified development project. Mr. Plummer: Once you have the RFP back. 1 { Mr. Dawkins: But if it's illegal, we don't have to do anything. t Mayor Suarez: We want a legal opinion on it and it's ... I think the consensus of this Commission that we ought to make sure that what we voted on was legal. Mr. Carollo: Yes, but not only that, we have to make sure that it's legal even before it's, you know, put out. Mr. Odio: Ok. Mayor Suarez: I have no problem with the concept. I mean, obviously, if it's was not legal, what we did was invalid, but we need an answer within a reason- able amount of time. Let's... you want to specify a time, Commissioner? Mr. Carollo: Well, I think we have to specify a time that it be brought back to the next Commission meeting. Otherwise, we really can't do anything until we find out. Mayor Suarez: It could invalidate the prior action of the Commission, that's correct. Mr. Carollo: Not only that, but it could place the City in a terrible legal jeopardy. Mayor Suarez: Just don't let legal questions raised by my good friend Wellington. Rolle, to stall the action of this Commission, because he raises a lot of them and some are valid and some are not, so, let's just get a legal answer on that within ten days, I would say. Mr. Carolio: Well, when is the next meeting? The 27th? Mayor Suarez: The regular meeting, the 27th. Mr. Carollo: Would it be fair to wait until the 27Ln, for that? Mayor Suarez: You could ask for whatever period of time you think that you would like. Mr. Carollo: Well, that should give the staff plenty of time and it shouldn't jeopardize anything whatsoever. Mayor Suarez: The City Attorney doesn't want to take it upon herself give us a legal opinion. We need an opinion from the City staff... Ms. Dougherty: It's not a legal opinion, it's a planning opinion. 105 February 13, 1986 0 Mayor Suarez: Ok. An opinion from the ---that's what I said ---from the City staff as to whether this is within the Code and whether the master plan is in accordance... this is in accordance with the master plan. In fact, you could build that into your RFP, obviously, if it's not you can't issue an RFP on it. So, but just, by the next Commission meeting, we would like a report on that. Mr. Carollo: Does anybody in staff know'? Mr. Sergio Rodriguez: I don't have the master plan witn me here, obviously. Mayor Suarez: Well, we just want it for the next Commission meeting. Mr. Rodriguez: Ok. That's, ok. I can do it. Mayor Suarez: Thank you. Mr. Odio: So, then this is pending until we come back with the legal opinion? Mayor Suarez: That item was voted on and it was passed favorably, but the Commissioner has raised a legal question that we would like resolved by the next Commission meeting. Mr. Odio: Ok. In your agenda package you have on the item the four firms that have to be picked and one of them has to be picked and they are ranked to the... Mayor Suarez: It would seem to me to make sense to hold off until we get tn.t opinion. Mr. Odio: Ok. Mayor Suarez: Yes, the public hearing on that item is continued until the 27th. Bob, do you feel we must do that? Mr. Bob Clark: Yes. Mayor Suarez: Ok. Mr. Carollo: Well, on the record, Mr. Mayor, the City Attorney has advised us that we should do that. That's what Mr. Clark said as I understood it. Ms. Dougherty: To continue the item, yes, sir. Mr. Carollo: Exactly. Mr. Plummer: Continue which item? I'm sorry. Ms. Dougherty: It's the continuation of 73, the public hearing. Mayor Suarez: I deem the item voted on, passed three to two, subject to a determination by the City's staff that the RFP will lead to potential projects that are within the master plan and we should get that as quickly as possible. I would strongly suggest we don't select anyone until we have that opinion in hand and get it to all the Commissioners. Ms. Dougherty: Mayor, could we have a time certain on that public hearing? Mayor Suarez: Will be at the next Commission meeting on the 27th. Ms. Dougherty: At 4:00 P.M.? Mayor Suarez: Oh, a time certain. Yes, 4:00 sounds good. 106 February 13, 1986 38. DISCUSSION OF SCATTERED SITE HOUSING FOR LOW/MODERATE INCOME FAMILIES (See label 41) Mayor Suarez: We are back to Item 52. Mr. Odio: Yes, sir. This involves a one million dollars from the eleventh year of the CD to implement a housing development and home ownership financing } program as described in the program thaL you have attached in your agenda. It authorizes the City Manager of securing the necessary financing to acquire development sites in community development target areas and if you have any questions, Mr. Frank Castaneda will be glad to answer. i Ms. Ann Marie Adker: Mr. Mayor? j Mayor Suarez: Ann Marie, before you proceed. Any Commissioners want to ask any questions? Go ahead, Ann Marie. Ms. Ann Marie Adker: Mr. Mayor and Commissioners, I'm Ann Marie Adker, 407 Northwest 5th Street and that's in Overtown. I have a concern with the sites that Community Development and the Southeast Overtown Park West Development Authority is seeking, sites seven, eleven, and twelve. I have... these are --- eleven and twelve especially ---are the sites that is being rrLommendvd by Lne City Planning... Mr. Frank Castaneda: I'm sorry, you mean sites one, two and three? Ms. Adker: In this plan? Mr. Castaneda: It is sites one, two and three of the OverLown area. Ms. Adker: Wait just a minute. What is one, two, and three? j Mr. Dawkins: Mrs. Adker, let me show you what he is talking about. Mr. Matthew Schwartz: Seven, ten and eleven of the other plan. Mr. Dawkins: See you have got Allapattah, than Lhey have goL some in Overtown. They got Model Cities. 3 (INAUDIBLE COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) { Ms. Adker: And now I'm thrown. I'm really thrown, you know, because we didn't get the right information on this. You are seeking one, two, and tnree for what purposes? Mr. Castaneda: I'm not familiar... Mr. Schwartz: Commissioners, the Overtown Housing Plan designates these site, the same site as seven, ten and eleven and in this report that was prepared by CD they number them differently, one, two and three. It's Lhe same sites, Mrs. Adker, that... It's all in agreement. Ms. Adker: All right, now we can talk. Mayor Suarez: Briefly. Ms. Adker: I told you I have been here since 9:00 A.M. Mayor Suarez: And you have spoken already on a couple of other items. Go ahead. Ms. Adker: We went before ---and I spoke as a member of the Overtown Advisory Board ---before the Planning Board and requested that they direct tnis to a community based non-profit organization.. housing builc...low income nousing built in Overtown. Are you going to accept the recommendation of the Planning Board? 107 February 13, 1986 Mayor Suarez: We don't know yet. I haven't heard the rest of the Commission. I will tell you, I'm going to accept it. Ms. Adker: I would like to near what, Frank Castaneda, has to say about his proposed plans for this program. Mr. Dawkins: Let me ask some questions before you get any further, will you. Ok. First I want Model Cities changed to Liberty City, because Model Cities includes a lot of Dade County property out there and I want to make sure thai. the fifteen single units that you are going to put in Model Cities go in Liberty City. Now, with all the money that you are spending, you have got thirty units. Is thirty units going to be built in Overtown, or is it going to be built in Park West Overtown? Mr. Castaneda: In Overtown. Mr. Dawkins: Outside of the nine... Mr. Castaneda: Outside of the Park West thirty. Mr. Dawkins: Outside of the nine point square area. Mr. Castaneda: Yes, sir, Commissioner. Mr. Dawkins: Overtown then has the largest amount of allotments out of the million dollars. Is that correct? Mr. Castaneda: Yes, Commissioner. Mr. Dawkins: All right, Wynwood gets what, fifteen? Wynwood gets fifteen, right? Mr. Castaneda: Yes. Mayor Suarez: By the way, if I may, Commissioner, are these all affected areas as defined in Community Development guidelines? Mr. Dawkins: Yes. Mr. Castaneda: Yes, Mayor. Mr. Dawkins: Target area. Mr. Plummer: How much money do you have total? Mr. Castaneda: One million dollars for acquisition. Mr. Dawkins: And Allapattah gets fifteen. Mr. Castaneda: Allapattah gets fifteen Mr. Dawkins: And all of those come up to a million dollars? Mr. Castaneda: Approximately. Mr. Plummer: Wynwood gets, no, differently. Wynwood gets the biggest, bulk of the acquisition dollars. Mr. Dawkins: Who? Mr. Plummer: Wynwood. Mr. Dawkins: Acquisition two twenty-eight? Mr. Plummer: No, you are talking about sites. I'm talking about dollars. Wynwood gets the largest bulk of the dollars and tndt's three hundred two thousand. Mr. Castaneda: That's correct. February 13, 1986 108 Mr. Plummer: My question to you is, Frank, thdt's fine to acquire the prop- erty and make it vacant and lei weeds grow. Where are the monies to build the houses? Mr. Castaneda: There are two issues here, one is the acquisition issue dnd then the other issue is the item that you have deferred on the funds to develop the property. ' Mr. Plummer: Oh, no, no, no. Those bonds are not for the development of i this property. Absolutely, not. i Mr. Odio: This is acquisition. Mr. Plummer: This is acquisition. Now, this is a separate project from Overtown two hundred sixty acres Downtown. Where is the money coming to build this housing? Mr. Castaneda: Basically, what we were proposing was that the City would serve as a developer. If those bond monies are removed from this, then basically we would have to put the property out for bids and offer the second mortgage program from the County as permanent financing for them. Mr. Odio: But we are planning to use the six million dollars to build this. Mr. Castaneda: He is saying "no". Mayor Suarez: No, no, that has not been voted on. He is giving his own opinion, but that may very well be the consensus of the Commission, but it is good to point out that without us approving Item 38 and Item 60 it would be quite difficult to build this housing, because we wouldn't have the money for it. I mean, we would have to go look for our secondary... second mortgage monies from the County, etc. Mr. Castaneda: We could not be t:1e developer if that item is not approved. Mr. Plummer: Why is it advantageous for the City to be the developer? I mean, you have people... the private industry in that business. Why should the City be the developer? Mr. Herb Bailey: Commissioners... Mr. Dawkins: Because the private sector hasn't done anything out therm to start with, so, maybe the City will get something done. Mr. Plummer: No, no, I'm not saying about the promoter, I'm saying developer. Mayor Suarez: Amen. Mr. Herb Bailey: Commissioner, may I respond CO that please? The reason that in some cases the City has to be the developer, in fact, that is one of the main reasons we suggested the housing agency. There are certain cases under a certain financing, especially, when you use tax exempt financing which may or may not be some of those that we are asking for approval today that the law says that the City has to be the developer. We are only developers of last resort. If there is any case whereby we have a private entity that comes forth on any of these parcels and indicates to us that they would like to be the developer, we would then ask for their plans and then we will go the RFP route and bid it out for those particular entities that want to be the devel- oper. Mr. Pluumer: Then the developer, Herb, is different than the contractor? Mr. Herb Bailey: Yes, that's right and we are the developer and then we bid out for construction. If there is an indication for a private person to be a developer, then they would be awarded the contract to develop and to contract out for construction. _ Mr. Plummer: But: what we are saying is eat this poinc...I think this is premature to discuss this item without discussing the other two items first. February 13, 1986 109 At this present time, if you look at Northwest 5th Street from the expressway over to 7th Avenue where acquired all of that property and tore down some livable units which are today vacant property, generates no tax dollars, it is vacant land, it is not being used and there was one more false promise made to the community that housing would be built. The community holds us responsible even though it was not our responsibility that the federal money in HUD dried up. The Community still says where are the houses that you tore down and you told us you were going to replace. My concern is that this could be another thing in which we are going to take a million dollars worth of property off of the tax rolls assume it in City ownership and not be able to do anything With. And I think that Item 52 is premature until you have discussed Item 38 and 46, until some determination is made. Mayor Suarez: Yes, I think we should actually consider all of them in con- junction because one seems to really go with the other. They all seem to hinge on one another, Frank. Mr. Bailey: May I make a comment on that please? Mayor Suarez: We can take votes on them as you suggest, you know,... Mr. Plummer: Mr. Mayor, I don't think 52 will even come into play unless certain things happen with 38 and 46. Mr. Bailey: I would just like to indicate to the Commission that the majority of these sites that we have targeted for acquisition are either vacant, abandoned or have contribute to a... Mr. Dawkins: Well, why do we have twenty-four thousand dollars in Allapattah for relocation and fifty thousand dollars in Model Cities for relocation if they are vacant, Mr. Bailey? Mr. Bailey: As I said, the majority of the... Mr. Castaneda: The majority. Mr. Bailey: The majority of them, Commissioner, there will be some... Mr. Castaneda: The ones that have people are in sub -standard conditions and... Mr. Bailey: Yes, some of them in deplorable condition to have people in them. Mr. Dawkins: And in Wynwood, you are going to spend seventy-two thousand dollars for relocation. So, the only place you got vacant is Overtown. Now, the only thing you got on here that's vacant, sir, that requires no money for relocation and no demolition is Overtown. Mayor Suarez: Totally vacant, but I mean there is a lot sites in the other places too, Commissioner. Mr. Dawkins: Yes, uh, huh, but what I'm saying though, Mr. Mayor, is that Mr. Bailey, is telling me that the majority of the land is vacant and that's contrary to what I have in front of me. That's all I'm trying to say. Mayor Suarez: I think the majority of the sites in all the areas are vacant, but we do have to do some... Mr. Dawkins: Well, why are we... No, no, no,... Mayor Suarez: But we arc paying relocation for the minority ones that are now vacant, but are in bad shape and the people really should not be living under x those conditions. Mr. Dawkins: But if when... all right, now...if the only one in here which has thirty sites, has no relocation, you got fifteen sites in Wynwood, fifteen sites in Modal Cities and fifteen sites in Allapattah, that's forty-five sites. Now anyway you count forty-five is more than thirty. So, you can't tell me that the majority of tnem when I got forty-five you relocation is vacant. 110 February 13, 1986 Mr. Bailey: Comm,over, as I said, there are aor acant and there are some occupied and let'Lalk about the occupied ones t. V we are going to remove. We have gone out to look at these structures and there, unfortunately, are some people who are living there. The condition under which these people have to live in these facilities are deplorable and the only way we are going to be able to address the need for those people who are forced to live in those conditions, unfortunately, have to come out through some public action. That is why in some of these situations we do have allocations for relocation. Those houses are far below Code standards and'life safety factors. Mr. Dawkins: Then we are right back to what comes first, the chicken or the egg. I have been saying ever since I have been up here that you needed something in place for individuals to relocate in their neighborhoods. Now, we have people in Wynwood, you are going to displace them and you don't have anything for them to relocate in, but you got seventy-two thousand dollars to relocate them. If you had housing ready, as I have been saying every since I have been up here,...I get tired of you people coming up here telling me that we are going to displace people and got no place for them to go. Mr. Bailey: We have to start somewhere Commissioner. There is no land available. Mr. Dawkins: You should have started... the first you should have done with the first land you made vacant in Overtown was put up a hundred units to relocate people in Overtown in and we don't have... We don't have... Mr. Bailey: We would love to do that. We have no funds. We would love to do that. Mr. Plummer: You got a million dollars. Mr. Bailey: Well, that's for land acquisition. Mayor Suarez: You want to make it into a motion that we first acquire, assuming that we move on this item at all and that really kind of hinges on 38 and we are going to go back and take a vote on that., but if-... should 38 pass, that we should first acquire and proceed to develop areas that are vacant. before we relocate anyone. I think that's what you are indicating, Com- missioner. A: r.ilS POINT, THIS ITEM TEMPORARILY T)RFFRRFD 39. AUTHORIZE ISSUANCE OF $6-M IN HOUSING CONSTRUCTION BONDS (See label #12) Mayor Suarez: Let's go back to item 38 and revisit that and get that resolved before we proceed too much further on 52, because I think that's what we are going to have to do. I have heard all the discussion on it before. We spent quite a bit of time on it and I'm ready to make a notion and cede the Chair to the Vioe-Mayor. Ms. Adker: Before you make your... before you ask for a motion on that. Mayor Suarez: Yes, Ma'am, Ms. Adker: As I heard. the discussion on Item 38 this morning, again, we are being deprived I think ---the residents of Overtown---of our rights. You are now coming from the South side of 5th Street to 14th Street and you are calling that the redevelopment area for overtown. I would like to... Mayor Suarez: No, that's a different item I think. Ms. Adker: What is it? Mr. Plummer: No, ■y motion this morning encompassed the total two hundred sixty, acres, that bounded by 5th Street on the South, loth Street on the North, 7th Avenue on the West and Biscayne Boulevard on the East. I did slot... Ms. Adker: While the rest of it is left to deteriorate like whdt we are seeing now. Mayor Suarez: He trying to define all of Overtown. All of Overtown. ,Mr. Plummer: I'm trying to get... 111 February 13, 1986 Ms. Adker: All of Overtown goes from 5th Street to 23rd South. Mr. Plummer: But the project, Annie, at this present time is only up to 14tn Street. I can't change tnat boundary. Ok. Mayor Suarez: Well, I will tell that for my vote, I will vote against any such restriction, because I'd like the Community Department and I our future housing agency, etc., to be able to help us define areas that are affected. i I'm confident that they will only pick the areas where people are really needy and we won't do like we have done in the past tnat we began to build some local housing projects in areas that don't need it, but that's going to be my vote. So, I won't even vote for the restrictions, but if what the Commis- sioner is proposing is to restrict it to that area and we ought to take a vote on that. I understand that you don't want it restricted to the Northern boundary bring 14tn Street? Ms. Adker: No, no way, and please if you are going to have a housing depart- ment that will be bidding contracts for housing... now, I don't know. I will listen to this. Mr. Plummer: What is the North boundary? s Mr. Bailey: The North boundary stops at I-395 for the project area. However, Overtown as it is defined in the CD target area... Mayor Suarez: Yes, commonly known goes up to 21st. Mr. Bailey: It covers about one square mile, and it goes beyond that. f j Mr. Plummer: Ok. But what is that boundary. I have no problem with changing i that northern boundary. Mr. Odio: 20th Street is the boundary. Mr. Plummer: It's 20th Street, Annie. Ms. Adker: 23rd Street South. Ok. Mr. Plummer: Ok. Fine, I have no problem with that. Mr. Odio: Ok. - Mr. Bailey: To the Government Center. Mayor Suarez: Ok. The motion on the floor by Commissioner Dawkins, I believe has been seconded... Mr. Dawkins: What's the motion? Mayor Suarez: Is that Item 38 be approved, but with the undcrsLanding that any use of those bonds be restricted to the area bounded as described, the northern boundary which has just changed to 23rd Street. The rest of the boundaries are those that are commonly associated with the area known as Overtown, and it's been moved and seconded. Mr. Plummer: I second. Oh, I'm sorry, I didn't know it was seconded. Mr. Rolle: Mr. Mayor? Mayor Suarez: Yes, Wellington. You arc going to tell us it's illegal again? Mr. Rolle: Yes, sir. I want you to understand that this is not an emergency and I have come here on several meetings when you have come with the items on the agenda and all I have done is relayed this on the record and I think that at some... Mayor Suarez: I understand your concern, but you know, there are people living under our bridges and in our streets and how can it now be an emergcn- cy? *1 112 February 13, 1986 Mr. Rolle: Well, that's not an emergency for ---according to the rules and the regulations of this Commission and the only thing I would ask you, Mr. Mayor, and the City Attorney, is that you are going to either have do this ot► your own or we can figure out an other way that we can discuss this matter, because I think it's important to the citizens of the City of Miami, that this Commis- sion not attempt to continue passing these kinds of ordinances when they do not conform to the rules and the regulations governing this Commission, and I don't understand... Mayor Suarez: I respectfully, not... I'm not arguing the legal point, buL you are nitpicking. I mean, what difference does it make. We are going to... Mr. Rolle: I'm not... well, let me ... if you want...excuse me. Mayor Suarez: You...let me just clarify a point politically. You have had your say on these every time. You have expressed the feelings of a lot of people like yourself that may be opposed to this. If you are opposed. I'm not sure that you ere opposed. You seem to be only opposed to the procedure that we are using. So, what is the point constantly of telling us that these things are not emergencies. Our City Attorney tells us that they are emergen- cies. We must get on with it. It takes us years to do any of this stuff whether it's an emergency or not and you are constantly telling us that it's not an emergency. What is the point. I mean, you are expressing your opinion that people are being consulted and you are being overridden by this Commis- sion. Mr. Rolle: Ok. Let me tell you what... Mayor Suarez: I'm not keeping you from talking on it. I mean, you... Mr. Rolle: I understand, no. I understand. Mayor Suarez: You know, how much time we spent together going over some of these points of yours. Mr. Rolle: One of my concerns, Mr. Mayor, and Commissioner Plummer, was here wizen Mrs. Range, was here and Reverend Graham was here, this redevelopment urban renewal N.D.P. it goes back a long way. It has only been since 1963 that the segregation laws were taken out of the Charter in the City of Miami. Plummer, was sitting on this Commission prior to that time. He sat on this on this Commission for about twelve years. The point I'm making to you is that a whole community of people were relegated to the boundaries that are constantly referred to as Overtown by law and today you tell me now that you can effect an emergency thet you want to render some service to those same groups of people, but you want to disrupt that entire community. The State government came in, they laid in an interchange, it took up fifty-one acres there, displaced a lot of people and to listen to this Commission talk about a boundary at 14th Street and not talk in terms of redeveloping this entire community, but you can say today that this is an emergency and we are going to do part of it. Mayor Suarez: I understand what you are saying and we noted. Mr. Rolle: And all I'm saying... Well, I mean, you can say chat you are noting it... Mayor Suarez: We have to start somewhere is all I can tell you, sir. Mr. Rolle: Well, my point is why not put the boundary around the whole area. There are at least fifteen resolutions, fifteen... Mayor Suarez: That would be my preference and I intend to vote that way, but I have to follow what the Commission decides. Mr. Rolle: I'm not.arguing with the Commission, Mr. Mayor, but the point I'm making and Plummer, is right here on the Commission, there are at least fifteen or twenty ordinances and resolutions that I have copies of that has the boundary as Ann Marie Adker said, from Sth Street all the way up to 23rd Street and from 7th Avenue all the way over to the East Coast Railroad right- of-way and what I'm saying to you, why doesn't this Commission do ehe right thing and put... 113 February 13, 1986 IF Mayor Suarez: I don't know what boundaries you are talking about. I under- stand at this point that we can define any boundaries that we want, sir. Mr. Rolle: I don't think that's true, Mr. Mayor, somebody is misleading yuu only because you are not being challenged. Mayor Suarez: That's not to say that I'm going to agree with the boundaries because I want to include the whole City and let the department decide, but that's what the Commission is... Mr. Rolle: Well, thanks for permitting me the time, Mr. Mayor. Thank you. Mayor Suarez: Thank you, Wellington. The motion is to accept the bonds called for by Item 38 subject to a restriction that the monies only be spent for redevelopment or rather low cost housing or affordable housing in the areas defined and generally known as Overtown, the boundary which extended up to 23rd Street, Ann Marie. Ms. Adker: Ok. Does that include the reeommenddcion from Planning? Mayor Suarez: Which one? Ms. Adker: From the City of Miami Planning Board. Mayor Suarez: At this point we are just talking about Item 38 which is just the issuance of the bonds, which dre the enabling bonds without which we can't do a thing. I guarantee you. Mr. Plummer: The money. Mayor Suarez: The money. Mr. Dawkins: May I read something here into the record? It's from Brown, Wood, Ivy, Mitchell and Petty. "It is from our review of existing federal tax laws and House Rule 3838, we have concluded; One, section 703 page 7 of HR3838 by incorporating the transitional exception from Section 63282 of the Tax Reform Act of 1984 permits the City to issue obligation bonds to finance a redevelopment program on nine City blocks adjacent to a transit station, but only if such program was approved on October 25, 1983. II. HR38 allows the City of issue obligation bonds including, but not limited to tax increment bonds under the arbitrate rule of the 1984 act. In other words, free of the arbitrate restriction in HR38, but only for the Overtown project." "Project", I want you all to understand that. "It may be possible to issue bonds to fund the collateral fund for purchase of unsold homes under HR38, but in order to obtain the benefits of the exceptions contained in HR3838, the use of those monies would be restricted to the Overtown project." Now, it didn't say nothing about Overtown area. Mayor Suarez: That's precisely the Bill that the Senate might not necessarily approve and are indicating they will not approve and they will modify it, but we have saved ourselves and grdndfathered in under that Bill. Have we not Herb? Mr. Bailey: All right, what that says chat 'the least' that we can do would be the original nine block area. Mayor Suarez: You undcrsLand that as meaning the ieest that we can do? Mr. Bailey: That's the least that we can do. And what the least simply means is that we do not have unlimited arbitrage if we use it outside of the Overtown area. Mayor Suarez: Yea, the... Mr. Bailey: Now, it doesn't say... it's a matter... Mayor Suarez: Yes, the Senate is particularly concerned with people, cities making money on the issuance of these bonds by reinvesting it and not quickly enough moving on the projects and a variety of other things, but I don't think 114 February 13, 1986 even... even HR3838 will nog negate the expenditure of these monies any place in the City of Miami that we deem ... unless, of course, they make a retroactive date and somehow invalidate it, but Lhat's not even contemplated at this point. Mr. Plummer: No. Mr. Bailey: No, it's not. In fact, before we get Lo a point like that we would be back before this Commission with any adjustments that have to be made. Mayor Suarez: We have a motion, it's been seconded. It includes the restric- tion to Overtown...the area generally known as Overtown. Hearing no further discussion from the Commissioners, please call the roll. (AT THIS POINT THE CITY ATTORNEY READS THE ORDINANCE, BY TITLE ONLY, INTO THE RECORD) Mayor Suarez: Item 38 with the modifications, yes. Call the roll please. (AT THIS POINT THE CITY CLERK CALLS THE ROLL) ON ROLL CALL: Mayor Suarez: I'm going to vote "yes" because of wording is such that I can expand that area as soon as we get to the next item. So, I will vote "yes". Ms. Hirai: Second roll call. Mr. Plummer... Mr. Plummer: Excuse me, the first motion died. Ms. Dougherty: No, he approved. Mayor Suarez: It passed. Mr. Dawkins: It passed the Mayor said "yes". Mr. Plummer: Excuse me, the motion is denied. Mr. Odio: Four fifths vote. Mr. Dawkins: Why? Mr. Plummer: Four fifths vote. Mayor Suarez: We don't have another Commissioner. Mr. Plummer: Well, why don't we give the opportunity to, Commissioner Carollo. Ask the City Attorney to advise him. You advise him. (COMMISSIONER CAROLLO ENTERS THE ROOM AT THIS POINT) Mr. Dawkins: You are in the driver's seat. Mayor Suarez: The motion is to accept the bonds called for by Item 38 with the additional restriction that the monies only be spent on the area generally known as Overtown, Commissioner Carollo, and that restriction reads such that other areas could be included, but only if the Commission first explicitly approves other arras to be included. Mr. Carollo: Well, how does this differ from the previous motion that we passed this morning? Mayor Suarez: It was never passed. It's the same motion. Ms. Hirai: Shall we call the roll call again? Mayor Suarez: Please call it again. Ms. Hirai: Roll call, Mr. Plummer... 115 a February 13, 1986 Mr. Plummer: Firs►. time? Mayor Suarez: First time. AN ORDINANCE ENTITLED - il AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO SIX MILLION DOLLARS ($6,000,000) IN HOUSING CON- STRUCTION BONDS OF THE CITY OF MIAMI, FLORIDA, FOR SALE AT PUBLIC OR PRIVATE SALE; AUTHORIZING THE USE OF THE SERVICES OF A PLACEMENT AGENT, IF REQUIRED; APPROVING THE DEPOSIT OF THE PROCEEDS OF THE SALE OF SAID BONDS IN A REVOLVING LOAN FUND TO FINANCE CON- STRUCTION OF SINGLE-FAMILY RESIDENCES AND/OR IN A COLLATERAL FUND TO FINANCE THE PURCHASE OF SUCH RESIDENCES BY THE CITY OF MIAMI; AUTHORIZING THE USE OF THE SERVICES OF A CONSTRUCTION MANAGER TO MONITOR THE DISBURSEMENTS FROM THE REVOLVING LOAD FUND; AUTHORIZING THE PLEDGE OF CERTAIN FRANCHISE PAYMENTS RECEIVED BY THE CITY OF MIAMI AS SECURITY FOR SAID BONDS; DECLARING THE ORDINANCE AN EMERGENCY MEASURE; DISPENSING WITH THE READING OF THE ORDINANCE ON TWO SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the follow- ing vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES'. Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10081. The Cicy Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 116 February 13, 1986 0 A 0 40. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $40,000,000 OF SPECIAL CONSTRUCTION REVENUE NOTES. Mayor Suarez: I think the proper one... let's take a little guidance here from our... Mr. Bailey: 46. Mr. Odio: 46. Mayor Suarez: Right. Thank you, Commissioner, would be 46. Now, as I understand it to clarify one time and at the risk of instead of clarifying, complicating everything, let me just say, would it be correct to say that the six million dollars will be the catalyst... those bonds, the revenue bonds are dependenL on franchise fees, right, that we have on line? Mr. Bailey: Yes. Mayor Suarez: And in turn will nelp to buttress the standby credit lines from the banks which in turn will buttress the sixty million dollar construction loan which is only for thirty-six months after which time we have to find permanent financing for all these houses. Mr. Bailey: Not only that, we have to pay off the notes in thirty-six months. Mayor Suarez: Well, yes, that's what I mean, to pay off the notes. I presume you are not going to keep the money after we find permanent financing. Mr. Bailey: We'd like to. Mr. Plummer: Plus you got to spend the money. Mayor Suarez: And we have —I'm sorry. Mr. Plummer: You have to spend the money. Mr. Dawkins: Point of clarification. Although, we approved sixty million you are not spending but forty-three million? Mr. Bailey: No, we have letters of credit for forty million and we probably i will issue forty million or somewhat less in that ... you know. Mayor Suarez: Yes, the plan really calls for about forty-three and half million, is that... Mr. Dawkins: No, no, are you going to exceed forty million dollars? Mr. Bailey: No. Mayor Suarez: Any particular reason why we are. not approving forty-three then, instead of sixty? Mr. Bailey: Because the letter I got from the banks after their meeting and they hired attorneys to give us a letter of credit, only indicates that they have gone up to forty million dollars worth of guarantees and that is a sufficient amount for us. Mr. Dawkins: Madam City Attorney, what do I do to insure that no more than forty million dollars is spent? See, because they may come in tomorrow with some more letters that takes it up to sixty million and as a taxpayer, I have got a problem. Mr. Bailey: Well, we will have to come back for a second reading Commission- er, this is just the first reading. :: 117 February 13, 1986 0' # Mr. Dawkins: Thank you, Mr... Now, Madam City Attorney, since Mr. City Attorney gave me a legal opinion, I will get it from Madam City Attorney. Ms. Dougherty: Every time they sell the bonds they have to come back to you. Mayor Suarez: Is he drawing salaries from two departments now? Madam? Ms. Dougherty: Excuse me. Mr. Dawkins: Go right ahead, Madam City Attorney. Ms. Dougherty: They have to come back to you. Mayor Suarez: It will come back for a second reading. Mr. Dawkins: Ok. In the second reading, I want it... j Mr. Bailey: We will specify... i Mr. Dawkins: No, no, no, I want it spelled out in the resolution for the second reading, that the sales of these bonds will not exceed forty million dollars. Mr. Bailey: No, problem, Commissioner. Mr. Dawkins: Is that legal Madam City Attorney? You got to put it in this one the first time. Mr. Plummer: Well, wait a minute, you say no problem. Now, let me ask you this question. ghat did we have the agreement with Senator Pepper about Grandfather? Can we reduce it? Mr. Bailey:No, the grandfathering was simply to retain... Mr. Plummer: The project itself or dollars? 3 Mr. Bailey: Retain the project itself. Mr. Plummer: Oh, ok. All right. 1 Mr. Bailey: All right. And the determination as to how many bonds that we can sell is predicated upon some calculations and advice from our financial adviser and bond counsel. Mayor Suarez: And by how much we have guaranteed by standby letters of credit. So, we can never exceed whatever we have gotten from banks. Mr. Bailey: Absolutely. Mr. Plummer: Question. If you reduce it from sixty to forty, does that reduce the six? Mr. Bailey: No, it doesn't. Mr. Plummer: That's cheat. Mr. Bailey: No, not really, because we cheated the banks. They wanted more than that. Mr. Dawkins: Madam City Accorney...Ok. Do I have to make a motion to get that put in there? Mr. Plummer: just amend it. Ms. Dougherty: Yes, sir. .Mr. Commissioner,... Mr. Dawkins: All right, I wane to amend the —.see because if I don't put it in this time I can't approve it the second time. I amend this to not exceed forty million dollars. 118 February 13, 1986 I Mr. Plummer: Right. Mayor Suarez: You want to do that or you want to say to not exceed whatever amounts we are able to get guaranteed by banks? Mr. Dawkins: I want to say forty million dollars. Now, if anybody else would like to say... Mayor Suarez: Commissioner, let me jusL finish, maybe you will like the suggestion. Can we say instead whatever amount is guaranteed... "up to whatever amount is guaranteed by standby letters of credits from local banks?" Mr. Dawkins: No, no. Mayor Suarez: Or national bank? Japanese banks? Mr. Dawkins: We have got enough debt service in the City of Miami now. Ok. So, now we... Mayor Suarez: These will be revenue bonds. They will not... Mr. Dawkins: I beg your pardon? Mayor Suarez: They will be revenue bonds, they will noL be a debt of the City. Mr. Dawkins: Well, if I take the revenue bonds I can't pay other bonds, so I ... it's all one pot. Mayor Suarez: No, they have to be paid when the units are sold. The City will not be primarily or secondarily or obliged, obligated. Mr. Dawkins: I make a motion that this doesn't exceed forty million dollars, can I get a second? Mr. Plummer: I accepL the amendment. I second the original motion. Mayor Suarez: That they don't exceed what amount? Mr. Bailey: Forty million. Mr. Dawkins: Forty million dollars. Mayor Suarez: We have a motion that the figure there. read forty as opposed to sixty million dollars and a second, any further discussion from the Commis- sion? Other than my statement that I'm not sure wilat we are accomplishing my limiting it to forty. But you know, as long as we get off the ground... Mr. Dawkins: What we are accomplishing is trying to keep ehe debt service down for the citizens, us taxpayers who live in the City of Miami. Mr. Suarez: There will be no debt millage rate involved in this at all and no primary or secondary obligation for the City, Commissioner. Mr. Plummer: Well, excuse me, that's nor. true. Mr. Mayor, excuse me. You are in fact obligating the franchise of the Southern Bell, which could be used for another purpose. So, you are obligation the City in some ways. Mayor Suarez: Yes, that's Item 38 that we did already, but... Mr. Plummer: Well, but I'm saying one dependents on the other. Mayor Suarez: Yes, I would suspect that Item 38 would have been a smaller amount possibly if we issued a total of less than sixty million dollars in revenue bonds. You asked that and they told us the same amount? Mr. Plummer: I just asked that question and he said no. That's why I said he was cheating. 119 February 13, 1986 Mayor Suarez: So, I don't see where we lose by going up to sixty, but if you want to go up to forty, that's... 'cost la vie! Mr. Bailey: Mr. Mayor, just for your clarification and I have no problem with the forty, but I would just like to read into the record the letter I got from the banks and in essence it did say that these banks have now come together and have committed letters of credit in the amount of forty million dollars. They reason we put the sixty million, which was the amount of the resolution at the time we were preparing this in order to get it on the agenda in a timely fashion, we went to the extent of what you had already approved. Mayor Suarez: Ok. Mr. Bailey: It was our intention to du forty million dollars. Mayor Suarez: That's fine, forty million sounds like good start. We have got a motion and d second, any further discussion, hearing none, please call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO FORTY MILLION DOLLARS ($40,000,000) OF SPECIAL CONSTRUCTION REVENUE NOTES OF THE CITY OF MIAMI, FLORIDA, CONTIN- GENT UPON THE STRUCTURING OF A PROGRAM THAT MEETS THE REQUIREMENT FOR TAX EXEMPTION IN THE FEDERAL INTERNAL REVENUE CODE; IDENTIFYING THE MANAGING UNDERWRITER OF SAID ISSUE AND FIXING THE TERM OF SAID NOTES; AUTHORIZING THE USE OF A COLLATERAL FUND SECURED BY A PLEDGE OF CERTAIN FRANCHISE PAYMENTS; AND PROVIDING FOR THE TAKING OF SUCH FURTHER ACTION AS MAY BE NECESSARY IN CONNECTION WITH THE ISSUANCE OF SAID NOTES. 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 an- nounced that copies were available to the members of the City Commission and to the public. 120 February 13, 1986 41. CONTINUED DISCUSSION REGARDING LOW/MODERATE INCOME HOMES TO BE BUILT IN OVERTOWN; START WITH UNOCCUPIED OR VACANT SITES (See label 38) Mayor Suarez: We have disposed of thdt item. What is the other related item now? Mr. Odio: 53. 53 Mr. Mayor. Mr. Plummer: 52. Mr. Dawkins: 53. Mr. Bailey: The scattered sites. Mr. Odio: I'm sorry 52. Mayor Suarez: 52. Now, we had not had a motion, but just about had d motion from, Commissioner Dawkins, that we move first and exclusively on vacant lots for the scattered site acquisition. Is that a motion? Mr. Plummer: Well, excuse me. May I inquire? Mayor Suarez: Absolutely. Mr. Plummer: Mr. Mayor, predicated on the action of the two previous motions, I then have to ask other than the money to make the acquisition, relocation and demolition, where is the money coming from for these sites? Mayor Suarez: To develop the sites?. Mr. Bailey: To develop the site or to buy the site? Mr. Plummer: To develop. I am not interested in any way shape or form, to buy these sites, take them off the tax rolls, unless you can give assurances to this Commission, that you are going to be building sometning to put back on those sites and the money is available to put them back on the tax rolls. Mr. Bailey: Our original plan, Commissioner, was to... Mr. Plummer: I understand, but that didn't fly. Mr. Suarez: Well, what he is saying is so far we have restricted the actual building to the Overtown area. If we were to vote in favor of Item 52 and we should do it explicitly, we are expanding that, because otherwise, why acquire the sites if we are not going to build on it. Mr. Plummer: Exactly the point I'm making. Mr. Bailey: We can always put those sites out to bid to have... Mr. Plummer: Mr. Mayor, I would suggest on Item 52, that we defer this item and give them the availability to come back at the next meeting and indicate where the monies could come from to build on those sites if we do acquire. Mayor Suarez: That's part of... am I wrong or can you do that with the monies that you will be getting from these revenue bonds? Mr. Bailey: We can do that... Mr. Plummer: Only in the Overtown sites. Mr. Bailey: ...only in the Overtown section. In fact, only... Mr. Suarez: Well, that depends on how this Commission votes if we want to expand tnat area. I mean, I understand that we have to expand that to include other areas if we get into this and we want to actually build and I agree with l21 February 13, 1986 I whdt you are saying that we shouldn't acquire them unless we are going to 0 build there outside of Overtown. i Mr. Plummer: I would still ask Mr. Mayor, I think we have had too much, too fast, too often, that this matter be deferred until the next meeting and ask them to come back with a logical... Mayor Suarez: Well, how about this, Commissioner, if we at least approve the ones that are vacant to take care of his concern and in Overtown to take care of your concerns, so we can move. Mr. Plummer: Mr. Mayor, I still would prefer to do it in a more rational way and give them the opportunity to come back and answer the questions after they have had the time to think about them. Mr. Carollo: If that's a motion, I will second it. Mayor Suarez: We have a pending motion, I thought from, Commissioner Dawkins. If you want to withdraw your motion we will entertain that motion. I.. i Mr. Dawkins: Yes, I'm going to do that. I'm going to withdraw my motion and ask Mr. Bailey, can we use the hundred slots that we have from the documentary stamp money, can that money be utilized on these scattered sites, of this home ownership? Mr. Bailey: The answer to that, Commissioner, obviously, is "yes". However, when we went before the Documentary Surtax Board and asked for the allocation, we were asking for it to be within the project area. We have subsequently because of the uncertainty of getting any additional federal monies, U.D.A.G or otherwise, however, we still hope that that will happen, we have written the Documentary Surtax Board and asked them for permission to convert seven- ty-five percent of those surtax allocations into funds that would make up for the difference of the U.D.A.G monies that we did not receive. Mr. Plummer: That's very logical. Mr. Bailey: That's a permissible use of that money. Mr. Plummer: I would say that Item 52 would be deferred until such time as that answer is forthcoming. Ms. Kennedy: That's the thing that makes more sense. Mr. Plummer: Sure. Mayor Suarez: Yes, I was going to ask you, Commissioner to... Commissioner Plummer, to let me make a motion tnat would substitute yours and that... what was the concern just expressed, because I missed it. I'm sorry. Mr. Plummer: On the doc stamp. Mayor Suarez: Whether we could use doc stamp monies right? Mr. Bailey: Yes, we will continually on a annual basis and in fact, on a periodic basis make application before the Surtax Board for any housing ownership that comes forth, not just in the Overtown, but anywhere in the City. Mayor Suarez: We really heven't done particularly well with doc stamp monies, have we, in City projects? Mr. Bailey: Well, it just started, but we were able to get an allocation. Mayor Suarez: Well, no, they first used them a couple of years ago. Mr. Plummer: God bless Marty Fine! 122 February 13, 1986 0 i Mayor Suarez: No, they used them a couple of years ago, but...all right, let me ask you if you would withdraw your motion and instead accept a motion that would resolve the concern that you have expressed, Commissioner Plummer, that we not go beyond the Overtown area as previously defined in item 38, and also resolve Commissioner Dawkins's concern chdt we not go into ... beginning to acquire sites that are occupied and possibly displacing people, and restrict ourselves initially to acquiring properties tnat are vacant in the area previously defined and called Overtown. Mr. Plummer: That is $180,000, as outlined in your memo? I nave no problem j with that, Mr. Mayor. Mayor Suarez: That is the motion on the floor. Mr. Plummer: I have no problem with that. Mayor Suarez: If he ... he accepts that. Mr. Dawkins: Mr. Plummer withdraws his motion. We now have a... i Mayor Suarez: He has withdrawn his motion. He has made... Mr. Dawkins: new motion. { Mayor Suarez: ... a new motion. Mr. Dawkins: A second to the Mayor's motion. a Mayor Suarez: Yes. It has been moved and seconded. Mr. Dawkins: It has been moved and seconded. Under discussion. Okay, now this mean that we can build on the vacant lots and then relocate a person out of house you are going to tear down, into that new house you just built? i Mr. Plummer: Exactly. - Mr. Dawkins: No, no, wait. 5 i Mr. Bailey: Not exactly, Commissioner. Mr. Dawkins: Yes, it will! Well, that is the general consensus of this Commission. 3 Mr. Bailey: Well, you see, the housing that we are building, and you just mentioned that, would be home ownership. A lot of it depends upon whether or not person that is going to be relocated, had decided to move from the exist- ing facility, which is probably in the Code as to whether or not they can become home owners under the program that we put together. We are putting together what we think is a rather aggressive program that will permit people of low income to become home owners. There are no provisions for us to build any public housing for which there is a guarantee that people can be moved — into. However, what happens when we go in, and start a process of relocation, ! that person moves to the top of the list and gets any available housing tnat is currently available within the county to move into. Otherwise, they would i never get a chance to move into any place. Mr. Dawkins: Well, if we condemn his house, and tdkc it, that does not make it an emergency for him to move into it? Mr. Plummer: It puts him in the top of the list. Mr. Bailey: Well, first of all, when we condemn... Mr. Dawkins: Beg your pardon? Well, then, that puts the people that you just displaced, at the bottom of the list! Mr. Bailey: No, no it doesn't. When we go into a condemnation process, the way we have been doing it since I have been here - no one is removed from their house, unless there is another house for them to move into. No one nas been removed through our process that did not have a house to move into, and February 13, 1986 123 we have never, never, condemned the property, and moved a person from tndt house, unless they have agreed to take the stipend to move, unless we have a house to move them into, and they do automatically, because of public action, go to the top of the list, and any available public housing, they get first crack at. Mr. Dawkins: Any further discussion on tnt Mayor's motion? Mayor Suarez: It was really to your motion, I think, Commissioner Plummer. Mr. Plummer: Just for the record, the total number of sites to be acquired in Overtown, under this proposal, is 2 to 3 sites. Mrs. Adker: Thdt is right, 3 sites. Mr. Dawkins: No, 30. Mr. Plummer: No, sir. 2 to sites to be acquired. Mr. Dawkins: But, look, how many home site.....? Mr. Plummer: 30. Mr. Dawkins: In home sites? Mr. Plummer: Yes. What I am saying is, sites to be acquired, only 2 or 3. Mr. Dawkins: Well, that is because that is the money we took... Mayor Suarez: With all due respect, you Commissioners have limited this plan to the point that that is how many we are acquiring initially, but even that is a start. Mr. Dawkins: No, that is through the generosity of the public, brothers, when they had the riots they burned everything down for you. Mr. Plummer: Please, don't call that generosity. Mayor Suarez: You have restricted it geographically, and restricted It additionally down to 2 or 3 units, but it is a start. Mr. Dawkins: Call the roll. No further discussion? Mrs. Adker: It is not 2 or 3 units. That is 2 or 3 sites. Mayor Suarez: I mean, 2 or 3 lots, I am sorry. Mr. Plummer: Sites! Mayor Suarez: Right. That is a good slam, anyhow, I mean. Mr. Dawkins: Any further discussion? Mr. Bailey: On Mrs. Adker's point, we have, and I would like to make it for the record. We have met with St. John's, and they have indicated, that they have a desire to develop on 2 of those sites, and we have indicated that at time we go out for bids, and we have acquired the sites, they are now in private ownership, and we cannot make any commitments until we acquire them, that we will develop our in such a way that the nonprofit agencies at St. John's will get a preference. Mayor Suarez: That is a very commendable agency, from what we see. Commis- sioner Dawkins and I have met with them recently, in fact. Mrs. Adker: Well, wr wanted that on the record, because it makes our efforts a little shaky to have to compete with the City. Who seemingly was vying for the same sites. I hope that is on record. Mayor Suarez: Yes, Ma'am. 124 February 13, 1986 Mr. Dawkins: Call the roll, Madam Clerk. -' The following motion was introduced by Mayor Suarez, who moved its j adoption: r MOTION NO. 86-127 i A MOTION DIRECTING THE ADMINISTRATION NOT TO GO BEYOND THE OVERTOWN AREA IN CONNECTION WITH THE ONGOING SELECTION AND ACQUISITION OF SITES FOR CONSTRUCTION OF SINGLE FAMILY HOMES FOR PURCHASE BY LOW AND MODERATE INCOME FAMILIES; FURTHER DIRECTING THE ADMINISTRATION TO PROCEED TO ACQUIRE UNOCCUPIED SITES, AND TO INI- TIALLY RESTRICT OURSELVES TO THE ACQUISITION OF VACANT SITES IN THE AREA OF OVERTOWN WHICH WOULD NOT DISPLACE CITY RESIDENTS. 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: Nona. i...................................•........._..... .. i 42. DEFER CONSIDERATION OF PROPOSED LEASE WITH CASINO ESPANOL FOR LAND IN VIRGINIA KEY. Mayor Suarez: Item 58. Casino Espanol's application. Do we hear first from the applicant, the City, or...? Mr. Odio: I will say that we have received the 2 appraisals. Do you want the appraisals discussed? Mayor Suarez: Why don't you tell us what the amounts are, at least? Mr. Odio: I will. Mr. Carollo: If I may, for the record, when they get in the appraisals... Mayor Suarez: Yes, Commissioner. Mr. Carollo: ... I'd like to find out several things to begin with. One, why hasn't this gone through the normal process that has always been followed, of going through the Wacerfront Board before we finally give an approval? Secondly, there are some major environmental questions that Marilyn Reed has brought out. Unfortunately, she is not here today, because she is in Talla- hassee. You know, have those been answered? Last,• but not least, the park- ing sicudtion, you know, what... Mr. Al Armada: Good afternoon, my name is Al Armada, Property and Lease Management for the City of Miami. Commissioner Carollo, basically, as far as I can tell you, yes, we followed the process that is quite legal, and is basically been based on the instructions of the Commission. Mr. Odio: Why didn't it go to the Waterfront Board? Mr. Carollo: That's not the question. We had a key member of the Waterfront Board, here who said that this had not gone to the Waterfront Board. Has it, or has it not? 125 February 13, 1986 Mr. Armada: I don't have any answer to thdt, sir. No, it has not gone before the Waterfront Board. Mr. Carollo: In the normal process, do all waterfront -related activities go to the Waterfront Board. Mr. Armada: I don't know that. I don't know if that is the case. Mr. Odio: Ask the Law Department. ' Mr. Armada: Could we ask the Law Department's opinion on that? - I don't know i about that at all. Mrs. Dougherty: It is not required, no. i Mr. Carollo: It is not required, we understand that, but it is one of the normal processes that we always follow. Otherwise, why have a Waterfront Board? The Mayor was right when he expressed that opinion. Mr. Armada: If it is not required, I guess we never did follow that procedure before on waterfront. Mr. Carollo: It brings further proof to what I have been saying, that has been tried to be pushed in such a quick way, unlike anything else before, tnat I've seen, the way the whole R.F.P. came 'boom', and gone! It has only been lately that it has been stalled and we have been asking questions. Mr. Plummer: May I ask a question on the record? In two previous instances, was it done on the Rowing Club, and on the Barge? Mr. Odio: Well, the Miami Rowing Club was awarded before I was here back in 1974, I believe, to the Big Five Club first, and then it was turned over to j the Miami Rowing Club. The American Barge Club did not go the Waterfront { Board. 1 Mr. Plummer: Well, I can tell you for the record that neither one of them did. Mr. Carollo: What is that, J. L.? 5 i Mr. Plummer: Neither one of them, Joe. I was here in 1974. Mr. Carollo: Well, why haven't they? Mr. Plummer: Well Joe I don't think that it was felt that it was necessary Y at the time, and then I think also when the new Charter Amendment came in in reference to waterfront leases, that superseded that any other procedure. That procedure was, that the appraisals and the other things Mr. Armada can speak to, that the City was better protected through that Charter Amendment than they were through the Waterfront Board, but I will let the Administra- tion speak to it. e t Mr. Carollo: That is one point, but at the same time, we still nave basically followed that process of sending everything to the Waterfront Board. Mrs. Kennedy: I agree. You know, Commissioner Carollo, I was not here at that time, and I don't know the reasons why it was not sent to the Waterfront Board, but we are talking about a very environmentally fragile piece of property, and we must make use make use of the boards that we, our resources. Mr. Carollo: You are absolutely correct, Commissioner Kennedy. Not only that, but here is a piece of property that is very sensitive, environmentally, and we haven't even gotten any answers, or helped clear the air on the park- ing situation there. It is only three-quarters of an acre from that they presented. They are apparently going to have hundreds of people coming there at different times. Where are they going to park the cars at? Mr. Armada: Commissioner Carollo, the thing that is before you today is a f lease agreement - as I said, a land lease agreement, basically, all concerns about improvements on that site, parking lot requirements, setback require- 126 February 13, 1986 ments, any other permits and licenses that may be required to do anything in terms of improvements on that site would have to go by virtue of the process that I have written here into this lease agreement. It is a very tedious process, in my opinion, of State, County, and City processes, whereby, those issues of parking lot will be addressed, so that is written into the lease agreement... i Mr. Carollo: What we are trying to do, though, is put the horse in front of i the cart, not the cart before the horse, and some of these questions, are legitimate questions that we should have answers for, before we finally give approval or disapproval to this, or any item that is up, you know, for an R.F.P. Mr. Plummer: Mr. Armada, do I understand you correct, sir, that this lease agreement, chat if they cannot meet the requirements that were set forth, and the environmental, and all of that, and it could include, in fact, the Water- front Board, that they really would have no lease, because this contains, I think a 9 month start up. Is that correct? Mr. Armada: 18 months, 18 months, sir. Mr. Plummer: 18 months start-up, so if they were not able to resolve all of the problems within 18 months, their lease would be null and void, is that correct? So, the efforts of the Commission today is to approve a lease. That starts the 18 months running. If they cannot satisfy all of the environ- mental people of the State, the Waterfront Board, and all of that, then at the end of 18 months, that lease is null and void, I am correct? Mr. Armada: That is correct, sir. That is correct. That is the way the lease agreement has been reached, yes, sir. Mr. Plummer: All right, sir. Thank you. Mr. Carollo: I certainly understand what you are saying, but what I am saying is, that doesn't make any sense, in a none practical, logical business in the City of Miami, it is like a major corporation, even though at times like this, k { we are not running it like it, we will go out and give anything out for a r lease without finding out if the person can, or cannot do it even from the beginning. And what we are saying is, these people have pushed forward - you know, they claim to have so many boats, whatever, this guy is pushing us forward, and maybe he is involved with certain media, and gee, I want to be on the right side, so we are giving our land away, based on not what is right for the City of Miami, but what fears we personally might have or what is expedient politically, and this is what is killing the City, this is one of the main reasons that our taxes are up to the way chat they are, because this has been going on for just too long in this City of Miami. Mrs. Kennedy: How about the appraisal that we asked for the last time? j Mr. olio: Yes, Ma'am. We have both appraisals here. I also want to say for the record, we notified the Barge Club that they had 6 months - this was about three weeks ago, to either come up with the permits for building there, or the 3 land will revert back to the City. Mr. Carollo: See, this is another prime example: the Barge Club. That was another prime example of rushing into something, pushing something, and there +, we are! 3 Mayor Suarez: Let me ask him a question that might resolve some of your j concerns, maybe not. Maybe it will complicate things; I hope it doesn't. Have we ever considered, in connection with these leases, providing that we have a reverter, that the City can take back the property... Mr. Plummer: At any time! Mr. odio: We can take the property back at any time, and pay for any improve- ments that have been made to the property. Mayor Suarez: But, can we make it so that the improvements that we pay are r'. ' those that are not amortized up to that point, so that we would not have to r February 13, 1986 127 pay the full amount of the construction, just that amount that has not been amortized up to that point? Mr. odio: You can legislate anything you want into this issue. Mr. Plummer: And more importantly, this Commission will determine what they can build on that site. For example, they could noc go out and build a 1 $3,000,000 site, which we could never afford to pay back. Mr. odio: That is Correct. Mayor Suarez: In the event that there is a motion to accept this item, I will ask for the change in the wording so that we clarify that it is the unamortized Cost that we pay, the cost of construction, and not the entire cost. Mr. Carollo: Sure, but at the same that this Commission is willing to give out a piece of land of this nature for $3,000 a year. It is obvious that this Commission is noc going to stop them from building a structure that is going to cost, you know, reasonable amount of dollars. Mrs. Kennedy: I agree, I think that this motion should be deferred until we can determine the environmental impact of a favorable decision. Mayor Suarez: Before we vote, we are going to hear from... Mr. Martinez: Thank you, I will wait until we get the floor. Mayor Suarez: Go ahead, Counselor. Mr. Ricardo Martinez: May it please the Commission, at least the majority of the members of the Commission. My name is Ricardo Martinez and I have offices at 4000 S.E. Financial Center. This is my first appearance on behalf of Casino Espanol. I have with me Segundo Fernandez, former Deputy General Counsel for the Department of Environmental Regulations of the State of Florida, now at 2700 Blairstone Road, Tallahassee, Florida, who will be better able than myself to address some of the environmental issues that will be a presented at this meeting. Mr. Fernandez has made 5 different trips to j address the Commission on this issue, so I hope that we can dispose of the matter now, and not have to go to the expense of bringing him back another i three or four times. This is the ninth time we are before the Commission. The last time we... I Mayor Suarez: Did you say 9th time? Mr. Martinez: 9th time... Mayor Suarez: All time record! a Mr. Martinez:...Yes, sir. It was postponed 2 times. ' 1 Mrs. Kennedy: That was before our time. ! Mayor Suarez: Yes, that is right, we can't get blamed for some of those. Mr. Martinez: I agree, I quite agree. Now, the last meeting, we were left with the rhetorical question from Commissioner Carollo to the effect whether the City Commission was in a position to give away*a priceless piece of very valuable bay side property to a special interest group for a nominal amount j and expenses. The answer is obviously no. The Commission now has a resolu- tion before it., from a group of people who are very interested in developing a small parcel, 30,000 square feet on a use that we think would bring a lot of positive things to Miami, in the same vein that the Miami Rowing Club has done bringing certain trophies to Miami and encouraged that type of competition. This is not a private, small group of people trying to take over this small seashore. Now, as to the value of the property, obviously, you have retained 2 professionals to provide you with an idea of the value of this particular a property, and they will render a report on that count. As to the provision regarding the termination of -the lease, there is, as a point of clarification to the Mayor a provision that the City retains the right to take back the 0 February 13, 1986 p, 128 �e'� property with only 30 days notice•, upon payment of the documented costs of j the improvements, amortized over a 15 year period, so that actually, every year you would pay 1/15th less of what we actually paid for the improvements. All improvements will, of course, be subject to the approval of every conceiv- able board, including our State Board of Environmental Regulation, the L'.S. Corps of Engineers, and everything else that has to do with this project. I will give the floor now to Mr. .Ferndndaz, so that he can address the real important issues here, which are the environmental issues... i Mayor Suarez: Whet is the contemplated cost of improvements, just so we know what kind of money we might have to pay at some point, if we need to... Mr. Martinez: We have preliminary plans at this stage. It is impossible for us to present anything else until we get the lease approved. What Commission- er Carollo is... Mayor Suarez: What is the estimate of wndt you are going to spend? I've heard $275,000. Mr. Mdreinez: Something like that, but before... Mayor Suarez: If we use the ... and I saw the wording, and my concern is resolved on the undmortized portion of that cost. If we use a straight line, which is in the lease, and by the way, I don't think it used to be in City leases before, and that where we got stuck with some 30 year leases that we couldn't get out of, after a few years, the amount will not be a large amount, to get it back. Mr. Martinez: Whdt Commissioner Carollo proposes is impossible for us to comply with, in that we cannot go to the expense of providing full plans for a proposed building on a site on which we don't even have a leasehold interest, so, if we were to go his way we would have to go now and have all drehicectur- al plans, and everything else ready, and then present it to the board, before the board can make a decision as to whether to lease the property to us or not. That is never done under the regular course of business, and it can't be done now, so the logical procedure is, the lease is approved, we provide full plans and specs, we go through all of these procedures, and tnen the whole process takes care of itself. Mr. Carollo: Sir, how much money do you all have in hand to construct any- thing there? Mr. Martinez: We have a small amount already, which I can find out for you exactly and give you the figure, but we cannot go out and solicit new member- ships until we have some project in mind, which is to be presenced. Mr. Carollo: In other words, what you are telling me is that... Mr. Martinez: Let me answer your question. Mr. Carollo: You are expecting to raise money from this, after you get this approved... Mr. Martinez: Did you ask me a question? Can I answer your question? Mr. Carollo: Well, I am trying... Mr. Martinez: Can I gat an answer your question, now? Mr. Carollo: Sir, I am just trying to clarify what you are trying to tell me. Mr. Martinez: I will give you an answer if you give me two seconds. Mr. Carollo: Well, I thought you gave me an answer. I just wanted to see if I understood it. Mr. Martinez: Let me get. you a figure. Mrs. Kennedy: What is the question? 129 February 13, 1986 s It Mr. Plummer: How much money do they have? Mr. Martinez: We now have $50,000 in an account, and $100,000 in an irrevoca- ble letter of credit. Mr. Carollo: So, you have $50,000 in an account... Mr. Martinez: And a letter of credit, that is $150,000. Mr. Carollo: ... and a letter of credit, okay. May I ask what bank this $50,000 is in, and whom do you have the letter of credit from? Mr. Martinez: The account is at the Pan American Bank, and the letter of credit is drawn on... they are both at Pan American Bank. Mr. Carollo: Okay, have you given the letter of credit to the City of Miami, a copy of it? Mr. Martinez: Again, it is not an issue right now, I mean. This is completely irrelevant. I don't think it has been requested. If it is requested, we will.... Mr. Carollo: Sir, it might be irrelevant to you, but it is not irrelevant to us. Mayor Suarez: We will solve it without arguing whether it is relevant, or not. Will you give it to the City? Mr. Martinez: Yes. Mayor Suarez: For us to look at? Thank you. Mr. Martinez: Yes. Mr. Fernandez: If I could address just a couple of points. I am amazed to hear this process described as a quick and dirty process, where we are trying to get something pushed through the Commission. This is the 9th time tndt this has been scheduled, or tentatively scheduled and cancelled, and my 5tn time here. I've been coming down here for a year. I hope I don't make a career out of it. Mr. Carollo: Well, sir, once you are done, I am going to guarantee you I am going to enlighten your mind as to the history of this. Mr. Fernandez: Well, if I could make a couple of observations. One, I would like to address Commissioner Kennedy and her concerns for the environmental questions of this property. A memo was written on March 6, 1985 from Mr. Carlos Garcia to Mr. Randolph Rosencrantz, in which it was reflected that the piece of property in question does not encroach upon the mangrove preserve. Okay? Now, this one little piece of property, and the reason why it may be shaped so funny, as the way it is, is because the dimensions and the configu- ration of the property was specifically looked at to avoid the mangrove preserve. Now, what we are doing here is only the beginning of d long pro- cess. The Commission, in approving the lease, is not going to be approving any specific construction; it is not going to be approving any specific improvements. It is not waiving the applicability of any other federal, state, or local law that would apply to whatever goes on. in that property. The first question I think you need to ask yourielf is, is this lease a document that was developed pursuant to the process mandated by City require- ments. We submit to you that it is. We are not talking about any structure on this property. We are not talking about the Commission waiving any re- quirements.for anything that goes on this property. Just on the environmental safeguards, any development here may have to get approval from the U. S. Corps of Engineers, the State D.E.R., conceivable the State D.N.R., from the County D.E.R.M., and from.the City. Okay, so we are not even looking at the environ- mental issues here, and this is the improper time to even look at the environ- mental issues. This. only allows us to go forward. If I could refer also, Commissioner Kennedy, to some concerns you might have nad about, so at least that Commissioner Carollo had -about the Waterfront Board, there is a specific requirement in the Request for Proposal that every board with jurisdiction over anything that goes on this property, will review the same before any construction is made, so before the first shovelful of dirt is turned, every 130 February 13, 1986 board, the WaLerfronL Board, the Planning Board, the County D.E.R.M. if they have to, all of the state agencies will have to review everything within their jurisdiction. So the question here is simply, does this lease represenL the end product of a valid process under the City of Miami requirements for leasing of property. That is the only question before you here. Now, I think it is curious, that on the one hand, we hear from Commissioner Carollo about the extremely sensitive environmental nature of this piece of property, and yet, in the same breath, we hear another commentary about how he would like to see a Marina Del Rey - type development here. The two, to me, seem incompatl- ble. You are not going to be able, under present state regulations to put in a Marind Del Rey in that water body. You have got state outstanding Florid water requirements, you have got the coastal construction matters from the State Department of D.N.R., you know which apply to projects such as tnis. This project represents a minimal type development with the least possible impact. Granted, all of those will be addressed later, buL let's move forward and put an end to this continuing consideration by the Commission, and defer- ral and continuation and deferral, when the question before you is really very simple. Have the leasing requirements of Lhe City of Miami been complied with? This lease has already been approved in principle, and Lhat is the only question for you. Mr. Carollo: Sir, what is your home address for the record? Mr. Fernandez: I believe my....., well... Mr. Carollo: Home address, not business address. Mr. Fernandez: Oh, my home address? 702 Lothian Drive, Tallahassee, Florida, sir. Mr. Carollo: So, you don't live in the City of Miami? Mr. Fernandez: No, I don't, sir. Mr. Carollo: Okay, I just want to hear this for the record. Now, sir, you are the son of the president of the Casino Espanol, correct? Mr. Fernandez: That is irrelevant, but that's correct. Mr. Carollo: Well, no, I think that is very relevant, because that will show you that you have a very strong bias, and not necessarily what you might say... Mayor Suarez: I'm sorry, what is your capacity with Casino Espanol? Mr. Martinez: I am the attorney for the Casino, co -counsel. Mr. Carollo: Yes, he is the attorney, and also the son of the president of the Casino Espanol. Mayor Suarez: Son of the president? I jusL missed that. Mr. Martinez: I submit to you, a lawyer has a very strong bias always on behalf of his client. Mr. Carollo: I am sure, particularly when the relationship is that close. There is nothing wrong with it, but I just think it should be placed on the record. I believe Commissioner Kennedy has stated, and if it is placed in Lhe form of a motion, I would second it, if you would like to defer this item. Mrs. Kennedy: Yes, because you see, and I haven't talked much today, I have a tremendous sore throat, but everybody here knows how I feel about bay side property, especially for private use, and I don't see how we can make any decisions without going through the regulatory agencies. Mr. Fernandez: Well, if I can address that. You can't... Mayor Suarez: I think what he is saying is you can't even go before the regulatory agencies, unless you have some kind of an interest in that proper- ty. Mr. Fernandez:... you can't even go before the regulatory agencies... exactly! 131 February 13, 1986 Mayor Suarez: Unless the City would initiate it, which would be the other way, I suppose. Mr. Carollo: I also understood from the previous gentlemen who spoke, that one of the things that they are hoping to accomplish, but they can't accom- plish it, unless we give them the lease, is to get new members to give money for this project. Mr. Martinez: That is not ... you are misquoting it. We are waiting to... Mr. Carollo: No, sir, the record is there, and I could have the Clerk play it back. Mr. Martinez: Let me explain that to you. We have now a group of people who are very interested in creating what we think is a good project, both for the City of Miami, and for ourselves. And anybody else that wants to participate. We actually go out and solicit people who are not already interested, who would like to have a firm basis as to what it is that we are going to do for them and for the City of Miami. Mr. Carollo: Now, every time that I have heard this come up here, the several times that it has, I can't help but to start thinking about the movie, "Gone With The Wind". Do you all remember that movie? ... how beautiful Tarn was with the big white pillars, and the very exclusive society? Well, those days, sir, are gone with the wind. It doesn't exist any more, and what I recommend, in all frankness, is that if you all want a very exclusive club, then you do what other bonafide clubs have done, like the Big Five Club, that have gone out with their own money, and they bought land, not coming over, trying to get a free ride from the taxpayers of the City of Miami. Mr. Martinez: We are not trying to get a free ride. We are willing to pay what the City has negotiated for months with us. Mr. Carollo: No, sir - how this process came about from the beginning - this process came about, sir, if you will recall, in a very different way. This Commission didn't all of a sudden decide to cut up a triangle and put it out for an R.F.P. for a bid. Did this Commission all of a sudden ... did any member of this Commission all of a sudden come up with the idea that we wanted to get a piece of land over there, and make a triangle out of it, and put it out for a bid? Mr. Martinez: Are you asking us to opine as to the Commission! Ask the Commission! Mr. Carollo: No, no, I am asking you, how did this whole process come out? This whole process came about because individual members - individual members of your organization came to members of this Commission, demanding that some land will be found for them, end they wanted land right over there, for their private club. Mr. Martinez: Demanding, or requesting? I think that any citizen hds the right, under our constitution to petition his government, and that is exactly what we have done. Mr. Carollo: Well, sir, absolutely, but every individual who sits here has a right to recollect how things happened. Mr. Martinez: You have the right to exercise that. Mayor Suarez: Let's not engage in an argument back and forth. Why don't you go ahead and make your statement, Commissioner. Mr. Carollo: I call the question. Mayor Suarez: That is exactly what I was hoping would happen at this point. What is the pending motion? I forgot. Mr. Carollo: The pending motion is a motion for deferral. Mrs. Kennedy: Deferral. 132 February 13, 1986 0 #1 Mayor Suarez: A motion for deferral. It nas been moved and seconded. Just to briefly state my view, I mean, after 9 times that they have requested this item to be considered or on the agenda ... I, myself, have made sure it is on the agenda a couple of times, and we have complied with all the requirements. Respectfully, Commissioner Kennedy, I am not sure that deferring it accom- plishes anything, frankly, so I at going to vote against it, but, any other further discussion from the Commission? Mr. Dawkins: It has always been the policy to defer at least one time....(END OF STATEMENT UNINTELIGIBLE). Mayor Suarez: We have a motion. It has been seconded. Any further discus- sion from the Commission? Are you going to say something? Mr. Plummer: Yes, I am going to stutter for the loth time. Well, it is obvious then, that it is going to be deferred. Mr. Martinez: Could I, for my own personal enlightenment, ask... Mayor Suarez: You can't vote. Mr. Martinez: I know that. I know that. I wish I could! Mr. Plummer: Let me explain to you, since it is your first time here. There is an unwritten rule, that a Commissioner has always been afforded the oppor- tunity to defer. Now, I want to tell you, without telling you, which is a pretty well known factor which way I am going to vote, I am ready, and I am going to vote for the project to approve the land lease, whether it is today, or next month, or when it comes back again. I am in favor of it, okay, to start the time clock running, I am in favor of it. I want you to understand, because Commissioner Kennedy has asked for it to be deferred, and if especial- ly there is three votes already in favor of that, I am going to vote for the deferment. Mr. Dawkins: Oh, you have got tea leaves now, huh? Mr. Plummer: Tiny little tea leaves! Mr. Martinez: I was hoping that I could perhaps persuade Commissioner Kennedy to change her mind like she did before a couple of times, so that it was my last ditch effort. Mrs. Kennedy: No, I am very distressed to see that the City's public bay side line is being parceled out to private companies. I am sorry, that is the way I stand, and I... Mayor Suarez: Okay, we have a motion. It has been seconded. Mr. Dawkins: And I am sure that like J. L., says, I don't have no tea cup, but I rim sure there are three votes here for the project, but... Mr. Plummer: Mr. Mayor, there are two things in a continuance, or a defer- ment - asking the maker of the motion for those two items. One, for a date certain and a time certain, and the second reason for the deferment, if it is for further information, put on the record, what is that further information that is being requested. Mayor Suarez: Are you really asking for it co be deferred, or have you made up your mind, Commissioner, because if... Mrs. Kennedy: Well, I had asked for the deferment... Mr. Plummer: That's her choice. Mayor Suarez: I understand. It is for my information, because I am going to vote against it, unless I get a good reason why it is being deferred. Mrs. Kennedy: Let me state I had asked for the deferment to get some more information from the D.E.R. and the County D.E.R.M., etc., which now, you have explained that you just ... you can't do it, right? 133 February 13, 1986 Mr. Martinez: Can I just underline that you have 30 ddys cost? In other words, if you now approve the lease, and you come to some information which you think is negative, giving us notice, cancel the lease, and that way we don' before you without paying us anything at all. Mr. Plummer: A smart man knows when to be quiet. to terminate without in the next 30 days you cannot just by t have to come again Mayor Suarez: We have a motion. Are your withdrawing your motion, or keeping your motion alive? We have motion. It has been seconded. Hearing no further discussion from the Commissioners, please call the roll. MOTION TO DEFER: UPON MOTION DULY MADE AND SECONDED, THTS ITEM WAS DEFERRED TO MARCH 13TH MEETING BY FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. ON ROLL CALL: Mr. Plummer: My mind is made up at this point, unless ocher information is brought forward that I don't know about. I am voting for the project, but out of courtesy to my colleague, I am voting for the deferral. Mayor Suarez: At the risk of sounding discourteous, I am voting "no" on the motion to defer. I am not convinced that we need to find any more informa- tion, so I will vote "no". Mr..Carollo: Point of information from the City Attorney. Madam City Attor- ney, I would like for you to give me a legal opinion on the following, and that is, when you have a situation like this, that you have only had one bid from only one entity, and particularly something that has been moved through the R.F.P. process super quick, and it was the idea that was created not from _ the Administration, or the Commission, but from a special interest group that brought this request to the Commission, if before there is a final vote in the matter, the Commission is made aware of that that there are other entities that would like to request for the whole process to be opened up, because they are willing to pay much more, including, over 400 percent, or 500 percent more than this one entity is offering, and if the Commission is made aware of this, if there any malfeasance or misfeasance on the part. of the members of the Commission that would insist in voting for a lease that would pay $3,000, if we could get much more from another entity, and the difference that I am 1 making from this case to any others, is that there was only one bid on this, and the way that it was pushed about super quick for the R.F.P. If you come back to me with an answer on that later on in the week, or the following, I would appreciate it. µ Me. Dougherty: I'll be happy to do so. Mr. Carollo: Thank you. Mayor Suarez: The time certain will be the next meeting. Will that give you enough time? We don't have to specify the time certain. It will be the next meeting on the agenda. '1 Mr. Od1o: It is going to be March 13th. Mr. Plummer: No, 27th of February. Mr. Carollo; Regular Commission meeting. Mayor Sudraz: No, February 27th. February 13, 1986 re 134 a a 0 Mrs. Kennedy: Every two weeks? Mr. Odio: Well, we are having a Planning and Zoning meeting thaL day, and we are trying to avoid setting regular agenda items on that. Mayor Suarez: We have been taking a lot of items on the Planning and Zoning agenda, so ... and these people have been waiting a long time. Mr. Martinez: Could I respectfully plead for a time certain so that we can all be here. Mr. Plummer: The maker of the motion... Mrs. Kennedy: That is fine with me, March 13th. Mayor Suarez: Commissioner Plummer suggests that we have a time certain, and the other maker of the motion, Commissioner Kennedy, do you want to specify the time? Mrs. Kennedy: Whac is the date, Mr. Odio, March 13th? Mr. Odio: Did you decide...? Mayor Suarez: The time and the date. Mr. Odio: I prefer to do it on March 13th, because what we are trying to do is set the Planning and Zoning meetings for the afternoons, so that we don't have to spend the whole day here. Mr. Carollo: That is appropriate then. I see no problem with it. Mayor Suarez: You are the maker of the motion, Commissioner. Mrs. Kennedy: Let's say 9:00 o'clock a.m.? Take it right up front, so you don't have to wait since you have been coming here so many times. Mayor Suarez: Take it as the first item of the day. Tnank you. 43. MANAGER TO APPEAR BEFORE METRO COMMISSION TO URGE THEIR SUPPORT OF THIS CITY'S EFFORT TO ASSIST ELDERLY WITH THEIR NEED OF SAFETY b SECURITY Ih PUBLIC HOUSING. Mayor Suarez: Item 93, Dade County Overall Tenants Advisory Council. Dr. LaVerne Noelte: Mr. Mayor, and Commissioners, I am Dr. LaVerne Noelte. I live at Martin Fine Villas, 1301 N. W. 7th Street. I am Service Chairman of the O.T.A.C., City Housing Task Force. In the interest of time... Mayor Suarez: You are speaking on behalf of the whole group, I hope? Dr. Noelte: I am going to defer to Mr. Vega, who has requested to speak that this time. I will give him my time. Mr. Enrique Vega: Good afternoon. My name is Enrique Vega, and I am one of the members of the Executive Committee of Overall Tenants Advisory Council. Honorable Xavier Suarez, Mayor; Miller Dawkins, Vice -Mayor; Commissioners Joe Carollo, J. L. Plummer and Rosario Kennedy. We thank all of the Commissioners for allowing us to fight crime and get better safety and security conditions in public housing for low income people, with your help within the City. Tne grant given to O.T.A.C, sembers on March 21, 1985 for our needs in the project located within the limits of the City of Miami were welcomed by our tenants, and all of them. The amount is $250,000, matched already by the County for safety and security purposes and agreed by O.T.A.C. Housing Task Force, and by the Board. Ic showed to all of our people tnat you care for us. Thanks again, Commissioners. Now, we nave two new faces. Both are workers - the Mayor and Commissioner Kennedy, and because we know the previous Commission- ers and the new members also, we are sure that we are going to have tnen V 135 February 13, 1986 W a a unanimous vote to make the residents of public housing to live without fear and in better health. We need your whole support in what the Commission accepted almost a year ago, and by this time, all of our projects, all of our residents should be living better, but let us finish this here today. We need your help. We need your money. We are going to check on how the money is spent, and if we could waive the bidding procedure, it will be faster, and also the priers will not be increased as usual in this costly system. Thanks also for approving the 28 communication center, tied to the police headquar- ters. Soon, we will start being trained. Thanks to Commissioner Carollo and Mayor Suarez and to all of you, because the Miami Police Department is doing d fine, very good job, watching better our places now. God bless you all, and continue doing good to all of the people in the City. Mayor Suarez: Is this connected to another item, while we ... or is that just an idea of mine? Mr. Frdnk Castanedd: Let me explain. I think that we can come out faster. Mayor Suarez: Yes. Mr. Castaneda: We allocated $250,000 out of the Community Development Block Grant Program, you know, for exactly what they are talking about. Let me refresh your memory. It was discussed on March 21, 1985, and basically, what we discussed, was that we would match, with $250,000, of Community Development Block Grant funds, if the County would match it as well what is happening is, that the County is changing their definition of security improvements for their match. They are saying that items like replacing electric wiring is d security improvement. If you recall this under discussion, we were talking about muggings and life being threatened..... Mr. Carollo: Exactly. Law enforcement related security. Mr. Castanedd: That is correct. So basically the County is not providing a match, and they are using their funds that they have allocated for regular maintenance as the match. Mr. Plummer: And do you know what is even funnier ... it is not funny, it is pathetic, is the fact that there no was no obligation on behalf of the City. That is a H.U.D. agency. They should have assumed the full responsibility for the safety and protection of those people in their units, and yet, out of the kindness of this Commission, and the concern, we put up $250,000, if they matched it, and here they are, using it for wiring..? Mr. Dawkins: And fixing roofs? What else? Where they fixing roofs? Mr. Castaneda: Termite eaten floors, bulk heading along the Miami River, these are security improvements. Mayor Suarez: Look, wait, wait. The whole distinction hinges on the differ- ence between security and safety, and I asked, and I know that we don't want to be bailing out the county unnecessarily, but there are a bunch of people that need this to be done, and what difference does it all make? I mean, if the county has limited resources to do all of this, as far as ... Mr. Dawkins: We have limited resources too! Mr. Carollo: Tremendous amount of difference, Mr. Mayor. Mayor Suarez:... But we are cooperating in the fixing up of these units. Mr. Dawkins: No. Mayor Suarez: Commissioner, wait, wait. I am asking our Director of Commu- nity Development this question, which I am concerned about. Mr. Castaneda: No, Mayor, and Commissioners, the distinction is... Mayor Suarez: Are you concerned about bailing out the county, is that what you are concerned about? Mr. Castaneda: Well, let me explain, basically it is that when they came over here, they implied... no, they didn't imply, they promised that they would 136 February 13, 1986 match the security improvements... we have the Minutes here... the whole discussion was about muggings and the lack of safety at this units, but basically, what they are doing is, they are saying that they are using... they are making as a match their responsibility, they have the responsibility to maintain public housing in safe, sanitary conditions. Mr. Carollo: Well, it is all their responsibility to begin with, but what they are doing is, they are going against their word, and monies that they were going to expend anyway in those other improvements that they had to, because there is no way that they can stop, and not spend them - they are saying now, that that is their share, and therefore, they should not go and spend the $250,000 that they promised for security, law enforcement type of spending. Mayor Suarez: Can we... everyone wants to talk on ►.his issue, but we've got a lot of items here. Commissioner, do you want to say something, and we will let... Mrs. Kennedy: Yes. I just realized Mr. Mel Adams is standing there. I wanted to hear his side. Mr. Mel Adams: I think when the Commission discussed this last March, you had the impression... I was not here, but the impression clearly that the county money would be used for police, safety, and security. Mr. Plummer: Exactly! Mr. Carollo: Not, the impression. It was made very clear to us at the time, that that is what it is going to be used for - no impression! An impression is when you think something is going be done, or when you dream something, you know, when you misunderstanding something. We did not misunderstand it. It was made very clear to us that that was what that money was going to be spent for, that is why the City of Miami put in another $250,000. Mr. Adams: Well... Mayor Suarez: There is a distinct impression that you are bring let oft the hook if we approve this. Why is that? I don't get it. Mr. Adams: Thdt is not true, but I was not here, so conditions are a heck of a lot different today than they were a year ago. We are faced in the present budget with the total elimination of money to renovate public housing. The money we are talking about using is not part of our operating budget. It is capital monies that the county is going to put in, that the Feds ought to fund, but they are not funding. Mr. Carollo: Do you think it is any different for us, Mr. Adams? We promised that money at the same time that you all did, but we are keeping our word. Conditions aren't any worse for us than they should be for you. Mr. Adams: Well, it was never my... I was not at the meeting. I never made any statements. I think what I am saying is that we had negotiations with the tenants, over what our money, and what the City's money should be spent for. We invited... the tenants invited City representatives to attend. They didn't attend. There is no way that I can come up with money to do other than what I have in there, and it is your decision today whether you want to fund or not fund. Mr. Carollo: Madam City Attorney! Well, Madam isn't here. - Mr. City Attor- ney, we need some advice from you. Based upon the promise, the word that was given to us by the representative that was here back in March, that, and speaking, I would imagine, for Mr. Adams, gave their word that they would match our funds for strictly security police - type spending, can we construe that to have been a verbal contract, and if so, what can the City of Miami do, to take legal action against H.U.D., to force them to pay ... or should I say, force them to spend that money, in the fashion that they said they would; that is number one. Number two, if we could help these people that live there, by trying to see if there is any possible course of legal action that they can take against H.U.D. to force them to spend wndtever monies they have, in the fashion that they instruct them to; and last, but not least, what legal course over all can the City of Miami take against H.U.D. itself, since these are residents that live within the City of Miami boundaries, and are not receiving A the help that they so require for where they are living at. February 13, 1986 137 F a a Mr. Plummer: Commissioner Carollo, can I bring to your attention... Mr. Carollo: Sir, you are not the attorney. Mr. Plummer: No, no, I am not answering those questions! Mr. Carollo: Let me hear from the... i Mayor Suarez: Commissioner Carollo, we are going to let Commissioner Plummer speak, sir. Mr. Plummer: I am sorry, I didn't know the answers were forthcoming immedi- ately. I will wait. Mr. Carollo: Is there any additional answer, or clarification that you need, Bob? Mr. Bob Clark: No, I feel that the Commission should be aware of the fact that when you allocated the money, you did it on a contingency basis, with matching funds by Dade County. Apparently, we have not distributed the money, and the county has not indicated, as Mr. Adams has confirmed that, that they do not intend to make that match. Now, if you have not yet allocated the money, there has been no damage or jeopardy to the City, and the City should well reconsider whether or not they want to reaffirm the allocation in light of the fact that the match has not been met. With respect to the other two questions, those tenants are probably doing right now, at this level, what they deem necessary and prudent. They are raising all the protests, the measures that they can, they will probably go to the County Commission, and should go to the County Commission, and there is always the courts. As far as the City is concerned... Mr. Carollo: Well, that is what I am asking ... what...if you could research, it's and you are not going to be able to do it now, obviously... Mayor Suarez: Commissioner, he was about to tell you, as far as the City is concerned... Mr. Carollo: Well, Mr. Mayor, I am talking to the City Attorney. You know, if you were the City Attorney, I would talk to you. Now, if I could finish talking to him, then go ahead and explain some things. _ Mayor Suarez: You didn't let him finish. He was going to tell you, as far as the City is concerned... Mr. Carollo: No, no, he was finished for what I wanted to hear. Now, you made a statement that they have the courts available to them. Bob, that is exactly what I mean. I know that is one of the avenues that they have avail- able to them. What I would like for you to study - you can't do it now, I understand that. Take whatever time you need. Is if that legal course is available to them, what legal avenues do they have to make the best case they possibly can in a court of law? In other words, what I am asking is, for the Law Department to help them legally, without going to court ourselves, unless possibly that might be another option that we might want to study lacer. Dr. Nolte: Mr. Commissioner, will you bear in mind, and consider the fact that the $250,000, which we show to be spent from your money, has the approval of the staff - of the City Manager's office. Mr. Carollo: No, we know that, it had their approval, and it had our approv- al. Dr. Nolte: That's right. Mr. Carollo: What we are talking about is, what happened to the other $250,000 that the county is going to give? Mr. Plummer: It is called a Christmas gift, one more time, from the county. Mr. Carollo: I can just see the answers. �7 138 February 13, 1986 Mr. Plummer: To me it is a simple answer, all right? It is a simple answer that every bill that they use for law enforcement, or security purposes, they surrender, and we pay half of it. Put the monkey on their back! The monkey is theirs from the beginning. They have the right and obligation to provide 1 safe housing! That is H.U.D.'s responsibility, and if they don't provide that, and one of these people are hurt, then they have an obligation to sue H.U.D. for providing inadequate and unsafe housing - not to this City. This City is not obligated to that. Now, if we go into our own housing authority, then we have got to assume the full obligation, but what I am saying is, it is a very simple thing in my estimation. For every bill that the county incurs in these units, they surrender to us, and we pay half, not to exceed $250,000. That is very simple! Dr. Nolte: And we came and asked you for tnat amount, as I say. You agreed to it. We did make them up... Mr. Plummer: Do we have any bills that... Dr. Nolte: So you are just leaving the people,... you are not going to be hurt. H.U.D. is not going to be hurt, but the tenants and taxpayers of tnc City of Miami are going to be. Mr. Plummer: Excuse me. How much has the County expended for security? Dr. Nolte: $341. Mr. Plummer: May I see the list of what those monies went for? Mr. Carollo: $341, or $341,000? Dr. Nolte: $341,000. Mr. Carollo: See, but these are, J. L., I am sure, the normal expenditures that they make - that they have to make, the minimal. Mr. Plummer: Let me give you an idea of what the County considers security, and I think this is where the problem is. The county says to protect their citizens in their place, they replaced termite damaged flooring. The ter- mites are bandits, I guess. "Reconstruct porch roofs, where hazards exist". "Install new electric wiring, where hazardous conditions exist." That is $190,000! "Replace the damaged sections of bulkheading along the Miami River." Great security item! Keep the cocaine boats from not coming in, I guess! I don't know what else. "Reconstruct outside corridor floor slabs." They do, in all nonesty, they do have some items here that do address the security, that could be. "Install steel picket chain link fence." I don't know if this is the improvements done, or could be done, but these are the kind of items that the County considers to be high security. Mrs. Kennedy: Commissioner Plummer, I understand what you are saying, but on that specific thing that you mentioned, the electric wiring, if their wiring is from the 1920's, or whatever, you know, where do you draw the line between security and safety. Mr. Plummer: Security is very simple, and that is law enforcement. Ms. Laddie Hines: Commissioner, may I have something to say, please? Honor- able Mayor, fellow Commissioners. My name is Laddie Hines from Liberty Square. We are talking about safety, security, and health. Mr. Adams came into the and discussed this with us, and we all had a meeting. We are looking at the safely department, and the security. Now, if we look back at some of these things, true enough! What you are saying the floors, the doors, and all of these things, but they all are hazardous! And they are safety measures. We 'stave a lot of senior citizens that have places that need to be. fixed, even the other families, and what we are talking about now, is safety, security, and health problems. I understand what you are saying. Mr. Plummer: The bulkhead on the Miami River? I find that even to the stretches of my imagination, how chat bulkhead on the Miami River protects a i citizen in housing! I'm sorry! 139 February 13, 1986 1 � j 1 Mr. Carollo: Well, on the contrary, what it might do, is make it real smootn for somebody to come in a boat, to jump in there! um: r Mayor Suarez: Well, but it might also do the opposite. We don't know that. I mean, it might very well prevent people from falling into the river. I mean... Ms. Hines: Take your time, and come out and look at that . If you are that much concerned. But, if you would waive the restraints between, you know, the matching dollars, I think you would be doing us a very good favor today, because this is a most needed project ... this money is needed. Mr. Plummer: Excuse, let's understand each other. This, which the gentleman provided to me is the project for which they intended to use City money, according to this. Ms. Hines: County money. Mr. Plummer: No, no, no, I am sorry. It is very clearly titled - "County funded improvements, City of Miami projects". Mayor Suarez: Yes, they were within the City, I presume. Mr. Vega: Commissioner Plummer, may I... let me clarify one thing here. Where it refers to the forks in the Miami River, yes, this is a walk to protect the lives of the elderly people that live there, and none naving any other way to fund it with the cuts that H.U.D. had been receiving and it's going to recieve 30 percent more. Well, they had a way to use that money. As you can see, there is more than $250,000. Mr. Plummer: Yes, sir, I see that. Mr. Vega: Yes, they provide a little more so that they could do something else. Mr. Plummer: But sir, what I am saying, and understand tneir agreement with this Commission, this Commission was to provide $250,000 of security and law enforcement for these housing units, as long as there was a matching grant from the County doing the same! That is not here, sir. The County is provid- ing bulkheading, and all of the rest of these things as their matching grant. Show me where. they are providing money for security. And coming from an original point, that this City is not obligated to fulfill the obligations of H.U.D.! That is their obligation! Mayor Suarez: Go ahead, Laddie, do you want to say something? Ms. Hines: Go ahead. Mayor Suarez: Let's go ahead and bring this to a conclusion. Mr. Plummer: Look, as far as I am concerned, you need to go to the county. You've got our money. You've got our money. Dr. Nolte: No, we don't. We don't have your money. We are still waiting! Mr. Plummer: Yes, you will. You will have our money the minute that you get the County to live up to their obligation. Dr. Nolte: Commissioner, we have been a whole year. We have invited the City Manager's office to our meetings, they have never come until finally, one year later, they are raising their objections. Mr. Carollo: Madam, I'm sorry, the City Manager went to several locations. I know for instance, one time he went to Robert King High. I was there when he came. Now, I have to say chat for the record. Dr. Nolte: Not to my meeting, not to a City Task Force meeting. Mr. Plummer: May I inquire, have you been to the County Commission? Dr. Nolte: No, we have to finish yours first. You have advisad us... 140 February 13, 1986 i Mr. Plummer: That's where the problem is. Ma'am, we have made an obligation of $250,000. Go tell the County they haven't matched it! Mr. Carollo: Ma'am, you know what I would do, if I were you? I would do what Commissioner Plummer is telling you, but take it one step further. You know. You can use... and if need be I will make a resolution now, giving permission to the City Attorney's office to do that, find out what legal alternatives you have, and if need be, you sue H.U.D., you sue the County, you sue Mr. Adams, or whoever you have to, and I will guarantee you, once you start doing that, you are going to see a different tune from them. Dr. Nolte: Mr. Carollo... Mayor Suarez: Before you engage... Ldddie, because we are going to bring this to a close. Ms. Hines: Okay. Mayor Suarez: Let me tell you the motion I am going to make, and I pass the gavel to Vice -Mayor Dawkins. I will move that we waive the restrictions that it be only for security, however that has been interpreted up to now, and to include any items, such as the ones that you are proposing, need to be done. And, I will also put into my motion that, and it really does not have to be a motion, but just so you know it is something that we intend to do, that we have a plenary session of this Commission, probably the month of March, when we bring my good friend Mr. Adams here, hopefully voluntarily... I am sure he will come, and examine exactly all the expenditures made by the County with Federal monies that are supposed to be for the maintenance items that everyone here seems to be very concerned about, but I don't see any point in arguing that, because a prior resolution of this Commission was on a matching fund basis, and because the county has diverted some of the funds for different uses, that we really have any problem with that. I just don't see that we do. I frankly feel that this is a great need. You have defined the need. We have got monies from Community Development. As it turns out in my... Mr. Carollo: Is there a second to that motion? Otherwise, you know, we are really... Mayor Suarez: Commissioner, I am making my motion, and I want to complete what I am saying. Mr. Carollo: Sir, you are making a speech, which is what you accused me of on other occasions. Mayor Suarez: Your speeches arc substantially lengthier than mine, I assure you. Mr. Carollo: If you are going to make a motion, make a motion. After a second, and then make your speech! Mayor Suarez: My speeches arc very brief, and this is frankly something that I always thought the City should do, which is to be concerned about maince- nance of all the H.U.D. units that are within the City of Miami. I don't see the fact that we have another jurisdiction really impedes that in any way, so I am making that motion. I'll let you know, really it is only a one part motion. The second part, I will carry out in any event, which is to have a spacial Commission session at some point, particularly if the motion carries, that we investigate how the County has been spending its monies. Mr. Dawkins: Is there a second to the Mayor's motion? Mr. Vega: Oh... Mr. Dawkins: You are out of order, sir. Mr. Carollo: There is a motion. Is there a second? Mr. Dawkins: Is there a second, twice? Is there a second, three times? Motion dies for lack of a second. 1 Mr. Plummer: I will make a motion at this time, that the Administration go to the County Commission, prevail upon the County Commission that this City ry 141 February 13, 1986 has made available $250,000 Lo assist and aid in the security of their obliga- tion for safe housing; that it has been done on a matching grant, and that this City stands ready, willing and able to expend the amount of $250,000 for those items of security and safety of the inhabitants of those buildings located in the City of Miami, and urge the Metro Commission to show the same concern as this City has done for the past year. I move that in the form of a motion. Mr. Carollo: I second that motion. Mrs. Kennedy: Second. Mayor Suarez: OK, now under discussion, you said security and safety? You want to include all those other items that are not strictly security? Mr. Plummer: Security and safety. Now, I am not saying bulkhead is safety. I am saying ... let me then clarify it - security, OK? Security - why are we having to break things down today to the nth degree? Mayor Suarez: I would like you to keep security aspects... Mr. Carollo: Wait a minute, I am the only guy that is an expert in security on this Commission. Mr. Plummer: Fine! Give me an expert opinion. Mr. Carollo: He sticks to the law, you stick to burying people. I am tnc experL on security! Mayor Suarez: Do you want to change that? Mr. Plummer: Yes, I bury the security guards that goof up! Mayor Suarez: Do you want to change your motion to take out safety, or do you want to keep it at security? Mr. Plummer: Mr. Mayor, I relate safety to personal individual safety. I am not talking about bulkheads, and this thing speaks to traffic barriers. Mrs. Kennedy: Electrical wiring... Mr. Plummer: Excuse me. Let me... Mayor Suarez: Crime related safety, is that what you mean? Mr. Plummer: Exactly! That is why they came here originally. Their concern was the muggings and the robberies and all of that. Mr. Dawkins: And the breaking in of the doors, kicking in the doors, and the windows... Mr. Plummer: Exactly! It was prompted by a man who was killed on N.W. 5th Street, where they went through a screen, and in the window. Mr. Carollo: They need peepholes in the doors. They need locks to be changed, and so on. Ms. Hints: But, this was the City's recommendation, and I just want to remind... Mr. Dawkins: No, no, that was your recommendation. Ms. Hines: But, it wasn't the County's recommendation. Mr. Dawkins: OK. Mayor Suarez: Yes, go ahead, Frank. Mr. Castaneda: Mayor and Commissioners, as a point of information, at that Commission you also requested a second item, and that was for the Police Department to do a security survey of public housing, and it has been conclud- ed 142) February 13, 1986 p�L Mr. Plummer: Do we want the results? Mr. Dawkins: Not today. Mr. Plummer: I don't think we can stand the results. Why don't you wait until the newspapers are not here? Mr. Carollo: Why don't you give Mr. Adams a copy of it? Mr. Plummer: Yes, why don't you mail us a copy? Mayor Suarez: OK, we have a motion, and I guess the consensus of the Commis- sion is that we don't want to hear the results of tnat particularly, but you might want to give it to us in writing. We have a motion. Do we nave a second? Mrs. Kennedy: We have a second, yes. Mayor Suarez: We have a motion and a second. Any further discussion from the Commission? Hearing none, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-128 A MOTION DIRECTING THE CITY MANAGER TO APPEAR BEFORE THE METROPOLITAN DADE COUNTY COMMISSION TO INFORM THEM THAT THIS CITY PRESENTLY HAS AVAILABLE $250,000 TO ASSIST THE ELDERLY WITH THEIR NEEDS FOR SAFETY AND SECURITY MEASURES IN PUBLIC HOUSING; AND FURTHER TO URGE THE METRO COMMISSION TO SHOW THE SAME CONCERN FOR THESE SENIOR CITIZENS AS HERETOFORE EXPRESSED BY THIS CITY OF MIAMI COMMISSION. 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. Mr. Carollo: Now, I think it is only proper that these fine citizens under- stand what we have done. We are not trying to go back on our word, like others have. You have a legitimate concern that you came to this Commission in the past on, and that you still have, and we want to help you, but let me try to explain this to you, that you can understand what our situation is, and hopefully, all my colleagues will understand it as well also. The problem is, that H.U.D., the County went back on their word for their share of it, and now they are trying to .change the interpretation of what they said, so we art faced with a situation, and I will give Mr. Adams the opportunity to respond to this in a second. We are facing a situation, that what they are really to do is to say is "Well, these expenditures that we had to spend anyway, in other areas that are non -security, as we interpret it to be, as you interpret to be", then instead of them spending the additional monies as security in the City, they are able to spend chat money in other parts, in other projects that H.U.D. has in other areas of the County that are not within the City of Miami jurisdiction, and our concern, this is why we approved this money to you, is City of Miami projects, not the projects in other parts of cne County. (INAUDIBLE BACKGROUND COMMENTS) February 13, 1986 143 Mr. Carollo: I understand that, but this is why, if we go ahead, it is just roll over and die, to them, what they are going to do is, instead of spending that $250,000 in your projects within the City of Miami jurisdiction, we are letting them off the hooks, so that they could go and spend that in other projects outside of the City of Miami limits, and this is what we cannoL let them do, neither us, nor you. Now, in the meantime, what I'd like to do, if you all would like for me to do is, is present a resolution before this Commission, instructing our City Attorney to meet with you, if you so like, ! and go over all the legal aspects of the situation that you are involved in, to see what legal avenues you might have in order to sue H.U.D., or sue the j County, or any of the individuals that work for them. Would you like for me to present this resolution now? (INAUDIBLE COMMENT OUTSIDE THE PUBLIC RECORD) t Mr. Carollo: Okay, why don't you poll them, real briefly, please, because if you would like for us to help you legally, we are going to make our legal staff available to you. i (INAUDIBLE BACKGROUND COM!4ENTS) Mr. Carollo: OK, well, you all get together real briefly.... Mr. Dawkins: No, they said no. Leave it alone! i � Mr. Adams: May I respond? I have never accused anyone on this Commission, or any other Commission of breaking their word. No one has ever accused me of breaking my word. I was not here. '' Mr. Carollo: Mr. Adams, you may not have, maybe, but the people that you sent i certainly did. Mr. Adams: If you think that I sent tenants somewhere, then you don't under- stand how tenants and public housing work. Mr. Carollo: I don't mean tenants. I mean the people that you send to this Commission to represent you. ti Mr. Adams: There was nobody... Mr. Carollo: Could we get the minutes of those Commission meetings, and we can get every word that they said, and I think that you have an obligation if an individual that is representing your department, representing you, in fact, said something that you did not mean, or was not what you said... Mr. Dawkins: Hold it. Wait one second. Maybe the whole thing is wrong! If your department never agreed to match $250,000, then we don't have nothing to argue about! Mr. Adams: All I am saying is... Mr. Dawkins: No wait, now wait. Hold it. If nobody from your office said that you were going to match $250,000, then we never had an agreement. Mayor Suarez: Is that your understanding, Mr. Adams, that no one from your office ever made that offer? Mr. Adams: The Commissioner said that somebody was here representing me. If you look at the minutes of the transcripts, the only people who are speaking were the residents who certainly don't represent me, any more than I represent them. Mr. Carollo: We realize that. Mr. Dawkins: But, there again - go ahead, I am sorry, Mr. Adams. Mr. Adams: We had agreed in discussions with the residents, and with some of you, that it ought to be matched dollar for dollar. I never said how it should be matched. If this Commission feels it has got to be matched, dollar sv for dollar with police security items, that's your decision to make, and all I 144 February 13, 1986 am saying, and unless you can get a printing press thdt will turn out money that will pass, you can spend your $250,000 for something else, because I don't nave the money to match it. Mayor Suarez: Commissioner Plummer. Mr. Dawkins: Well let's see, nobody told us that! When we gave the $250,000, it was to be matched, and Mr. Frank Castaneda is doing just what he was told to do, not release one penny until it was matched! Mr. Adams: All I wanted is to have the Commissioner look at the transcript... Mr. Dawkins: No, Mr. Adams we don't nave to look... Mr. Adams: ... but he said I broke my word, and I did not. Mr. Dawkins: I know, Mr. Adams, we are not going to get into that. All I am saying to you is if H.U.D. never agreed to match the $250,000, we don't nave nothing to discuss. Mr. Adams: But, you would not take offense, but you would want the record straight, if someone accused you of breaking your word. Mr. Carollo: Mr. Adams, I can certainly understand your position, and you certainly have that right, and you know, I would exercise the same rignt. Thank you. Mr. Plummer: Now, may I ask you a question? You have seen the list of things that they have put forth on 80 that are security related. Do you think that these things are necessary and mandated? Mr. Adams: The items on this list? Mr. Plummer: Yes. Mr. Adams: You mean, both the City and the County? Mr. Plummer: Yes, sir. Mr. Adams: No, because, we will nave to repair the bulkneads, or.... Mr. Plummer: No, sir, I am speaking to the security items. Mr. Adams: No, I... Mr. Plummer: .... do you think they are necessary? Mr. Adams: I think they are necessary. but we are clearly not mandated to provide securities for... Mr. Plummer: But, you think they are necessary? Mr. Adams: I think they are very important. Mr. Plummer: You have just put yourself on record for a lawsuit if one of those people get hurt, and you have not provided what you feel is necessary. Mr. Adams: Well, that is good. You are a better... Mr. Plummer: Now, Mel, what I am trying to say is, this Commission felt that. We felt it to the point that we put up our money where our mouth was - $250,000. Mr. Adams: I think I put mine up too, but you know, you have a long agenda, and you can play games with me, but I think the sad part is both between what I may have done, and what you have done, it is not I who hurt; it is not you who is hurt, it is the residents who are hurt. Mr. Plummer: It is the tenants - exactly! Dr. Nolte: Wnrn we came and I spoke for them, we came and asked you for tnc = money for security. You gave it to us, and you said nave the County matcn it. x We went back, we went to the... February 13, 1986 ' 145 Mr. Plummer: And you tell me you have never been to the County? You told me you have never been to the County. Dr. Nolte: We didn't have to. The monies were given to us. Mr. Plummer: No, no, no! Mayor Suarez: They understood that that was matching, because it was $300,000 some of items that looked like security, safety, so on. Mr. Plummer: But, you never got a commitment from the County! Dr. Nolte: And as I said, we held meeting after meeting. It wasn't enough j money certainly, to cover the things that are necessary. If we were going to put security windows up in Liberty Square, the whole money would be gone there. We tried to spread it as far as we could to help the people that came. We had representatives from every project. We just tried to do the best we i can for the most people we can. Mayor Suarez: Governmentdl entities here in Dade County a lot of times pldy what can be termed again "chicken", you know, trying to get each other to see which one comes up with the money first. I cnink that is the way wC snould function, but maybe you would be advised to go to the County, and see now you do there, and come back - certainly come back to us, because we will keep t trying. Dr. Nolte: Well, I hope so. As you see, I have already been assaulted, so, as I say, I hope it doesn't happen before we get back to you. Mr. Carollo: Ma'am, we have our money in hand. We just want them to spend the monies they are supposed to on City projects, spent on City projects. Mayor Suarez: OK, we are closing off discussion on this item. Thank you for your presentations. 44. RENAME PARADISE POINT MINI PARK TO "MIAMI RIVER RAPIDS MINI PARK". Mayor Suarez: Item 81. Mr. Parks is still here? This will be a very quickie item, hopefully, the renaming of a park. Yes, Bob. Mr. Robert Parks: Mr. Mayor and members of the Commission, on benalf of tnc Miami River Coordinating Committee, I would again ask the Commission to follow the recommendation of the Memorial Committee of the City of Miami, the Parks and Recreation Department of the City of Miami, and the City of Miami Heri- tage Conservation Board, and rename Paradise Point Park to Miami River Rapids Park, for the reasons that we have stated over and over again, and made available to you all. Aud we'd like to ... this is the tnird time we nave been here on this. We would like to get it changed. We hdve got a historical marker placed there now or will be out in accordance with our marking program, and I think that it is important that we ... this is a historical site for tnr City and for the entire community and it is an appropriate name. Mayor Suarez: Does this imply any expense for ti't City, Mr. Manager? Dots the City recommend this, or what? Mr. Odio: No. We recommend it. Mayor Suarez: OK, I will accept a motion from the Commission to change the name as recommended. It is the changing of the name, and of the park... Mr. Robert Parks: From Paradise Point Park to Miami River Rapids Park. Mayor Suarez: Which is the historical name of that site. Mr. Plummer: inhere is Paradise Point Park? 146 February 13, 1986 N A Mr. Robert Parks: It is on the north point, the original part of the river. It is a tiny park that the City has, and we have managed to get back in operation and we had a process wicn the State of getting 2 new parks, double its size, all at no cost to the City. We just want to get the name changed. Mrs. Kennedy: Change the name. Mayor Suarez: It has been moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: It has been moved and seconded. Any discussion frog the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Kennedy, wtio moved its adoption: RESOLUTION NO. 86-129 A RESOLUTION NAMING PARADISE POINT MINI PARK, AT 2900 N`, SOUTH RIVER DRIVE, THE "MIAII RIVER RAPIDS MINI PARK", DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLU- TION TO AFFECTED CITY AGENCIES. (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 voLe- AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carullo a 45. DISCUSSION REGARDING REQUEST OF F.P.L. TO PLACE CERTAIN WIRING UNDER- GROUND. Mr. Odio: Agenda item 84 is Pat Skubisn. a. Mayor Suarez: What was the item? I forgot. Mrs. Pat Skubish: F.P.L L. - Item 84. I come before you today representing the Bayside Residents Association as the President. My name is Pat Skubisn. I reside at 741 N.E. 71st Street. I really don't know wnetnrr I should go into my little statement right now - it is only about two minutes, not even that. Maybe I just pass them up to Miller Dawkins. Commissioner, I know that you were out in our area, and maybe if you would like to inform this Commis- Sion of what you have seen... . Mr. Dawkins: I was out there the other day, and the Florida Power and Light people have taken a hard nose stance, and they told me that they were not going to negotiate and they were not going to cooperate, so I went out there to see, and I need to know from the Manager, or somebody - they have put down one pole, which was higher than the last pole, took the wires off of one pole, and put it on a higher pole and did not remove the lower pole, so they nave got two poles and told the residents they are not moving the other one. Mr. Odio: Yes, sir, I think Mrs. Skubish ...when she finishes ner statement I'11... Mrs. Skubisn: OK, yes. a ,t February 13, 1986 t 147 VnL---A L - - - - A� Mr. Dawkins: OR, what I want to know is, Madam City Attorney, whet are the laws relating to Florida Power and Light and underground wiring? Mrs. Dougnerty: Mr. Commissioner, we provided a written legal opinion to you and the rest of the Commissioners and the Mayor. Mayor Suarez: Can you give us the gist of it, and... Mr. Dawkins: No, no, no! Now, what does the Charter say, tnat before they can get a permit, we may do whdt? ... or we snare, or we can? Mrs. Dougherty: Well, we must give them a permit before they put them up, or down, and we may require them to put tnem underground, when they got the permit. Mr. Dawkins: Is it legal to enforce that by passing a resolution that sdys that in any new wiring, that the Florida and Power and Light intends to y install, that it must be put underground before they can get d permit, to have a drawing to put it under, or they don't get a permit? Mrs. Dougherty: Well, you may require tnem to do so, but you must be dware that when we do so, they can pass on the cost to the consumer. Mr. Dawkins: They pass on everything else, it don't make no difference. I mean, let me say this, Pat. I have often wondered why Florida Power and Light has a nuclear generator that is paid for by me and the rest of the consumers and the users, and once it is paid for, it becomes the property or Florida Power and Light! So, they may as well pass on putting the light under- ground — there is no difference. Mayor Suarez: If we do require them in a particular case, who bears the cost? Mrs. Skubish: The consumer is going to bear the cost. Mr. Dawkins: The same people who would bear it if they don't put tnem under. Mrs. Skubish: I want to tnank and commend Commissioner Miller Dawkins for taking time out. Miller, thank you so much for coming out to our area, and I know that you have taken also an active interest, members of this Commission. I just want to state two things - I have confidence, Mr. Mayor, in you, and this City Commission, right now, at this point in time. You can always prove that not to be so later on, but I do have, at this point in time. I also have confidence in Cesar Odio, in the City Manager, at this point in time, I have confidence in you! Mayor Suarez: That is the way we feel about it! At this point in time! Mrs. Skubish: Right, at this point in time! I did receive a pnone call from Frank Thompson today, and in all honesty, you set, there had been five new poles erected on the median strip. They have erected five new poles, and tnei, one pole side by side by side, and have butchered some trees, but that is not going to agitate me. No, it is not going to get me angry, because wnat I am going to do nere today, is I have a lawsuit. I am willing to drop that lawsuit, I am willing to give this Commission, and you, Mr. Odio, 45 days to get these guys straightened out, because as quick as I drop that suit, I will pick it up again, and I will go after them with such a fever that you would not believe! If they think that they nave got my Irish up now, wait until 45 days, if those lines aren't buried! Mr. Odio: Thank you, Pat. The birds will be saved, that is what they arc telling me. Mrs. Skubish: Three more arc dead today, okay? ... three more! Mayor Suarez: By the way, that is a discrepancy, because they keep insisting that the birds have not been killed out there by the power lines. Mrs. Skubish: Well, we nave the pictures, and we nave the video - we have everything. We have the proof! Florida Power and Light does not. Mayor Suarez: This is based on a conversation a couple of days ago, and I am interested in nearing that you said that... 148 February 13, 19.8.6 t Mrs. Skubish: Yes, and Frank Thompson was a gentleman. He called me tnis morning and he said that the reason the other wooden poles weren't removed, was because the cable company and Ent pnone company, they can't get it togetn- er and , coordinate it so do I nave, from you, Mr. Mayor, and members of tnis Commission, will you take me up again 45 days? Mr. Carollo: We have no problems in doing that, but if they don't accomplish this by 45 days, Chen I hope tnat you not only get your Irisn up, you get a lot more up, and go after them again. Mrs. Skubish: They do have a franchise with this City. Mayor Suarez: Well, what you may accomplish, if you dismiss the suit, and they voluntarily put the cable underground at their expense, or maybe t en With some City monies, if we can find some, or voluntary donations, wnat yuu may have accomplished is not establishing a precedent, which is the main thing they are concerned about. Mrs. Skubish: Yes, and the thing is, Mr. Mayor, I can think, really, of no other case, where the holder of the franchise, OK, with the City really don't.... I mean, they just don't care about the citizens or Ent: Eaxpayera, you know, going out there. This City Commission is supposed to take care of us, and Cesar, you are supposed to take care of us, Cesar Odio! ! Mayor Suarez: Well, Pat, the only thing chat we can guarantee you, tnis Commission, is that we will try in those 45 days to accomplish a settlement. We cannot guarantee you that we ... we can't guarantee anything we haven't voted on. We cannot guarantee you we will allocate the money, if F.P.SL. refuses to provide it, so... Mrs. Skubisn: All right, what do I walk away with? Wait d minute. Mayor Suarez: ... we will certainly try in those 45 days and I am telling you that... Mrs. Skubisn: I represent a lot of people. What do I walk away wltn nere today? Tell me. Get it on record, what I walk away with here. Mr. Odio: I am going to tell you on the record tnat that line will be put underground, so that the birds will be safe. Mrs. Skubisn: Not one line! The lines! i a Mr. Odio: The lines, and 71st Street, that we have been... Mayor Suarez: Well, you did a lot better tnan I thought! a Mr. Odio: The moment that you drop the suit. Thank you. Mrs. Skubish: Drop the suit, okay, and in 45 days, if is is not done... Mr. Odio: 45 days from the day that you drop the suit. Mrs. Skubisn: And what happens if it is not done? Mr. Odio: Then they have a war with me, because I•nave their word that tney will put the line underground. Mrs. Skubish: The Latin and Irish will get on Florida Power and Light! How's that? Mr. Odio: Yes, Cuban and Irish! Mayor Suarez: Thank you, Pdt. 149 February 13, 1986 Ai A+ 46. DEFER DISCUSSION re CONSULTANT CONTRACT WITH SORG MARKETING GROUP. Mayor Suarez: I just want to announce on two items that I think were 1niLlat- ed by myself, if the City staff is about to recommend that on Items 90, regarding the Sorg Marketing group contract, that we need additional time to negotiate 1E, is what they keep telling me, Stuart, and on ltem 92, that we have a possible pending settlement of different disputes with M1am1 Cablevision, I will withdraw both of those items - not defer it, just witn- draw it. Mr. Carollo: Mr. Mayor, one that we definitely nave to do today is 1LVM 95. Mayor Suarez: Yes, I am going to try to cover it. 95, the City has indicated to me, is a nigh priority item. Yes, we will get tU tnaL, but 90 and 92, I want to... Stuart, you might want to come up to the mike. They tell me they { are not ready to give us a contract that we can approve. My feeling is that we have the elements of the agreement with you. I nave a pretty good idea what it contains, but... Mr. Plummer: I will explain that to you. Mayor Suarez: Yes, well, apparently... is that a fair stdLemenL, Commission- er, or someone from the Administration, tnaL we are not ready to vote on it, i because we don't have a tentative contract, on the Sorg Marketing Group? i Mr. Odio: Stuart, I am sorry, but I will not recommend that we spend monies on consultants. I have to tell ... told Stuart Sorg.... I� Mayor Suarez: That is different from what I asked, through. I am wondering if you are ready to approve, or disapprove of the proposed elements of the contract at least? Mr. Odio: I am ready to recommend against it. Mayor Suarez: Oh. Well, I don't know if we should defer it, then. We may or may noL get to it, because we have got to get to a lot of other items. Mr. Carollo: We also have item 96. That is the establishment of guidelines for the lobbyist ordinance. 8 Mayor Suarez: Yes, I am sorry to tell you that we are going to try to follow as many of these as we can. Is the City ready to tell me if the elements of the contract that Mr. Sorg has proposed are acceptable or not acceptable, to the City? Mr. Odio: It is a question of philosophy with me. If we have a Parks and Recreation Department chat has been charged with doing the duties that are spelled out in that contract, I cannot recommend that we spend monies out- side, when the Parks Department has plenty of staff that should be doing that, and that is my position. Mr. Plummer: Mr. Mayor, I would move that item 90 be deferred for two weeks. It was my understanding from Mr. Sorg, who came to visit with me, that it was in concurrence with the administration that this contract was in order. I am now finding a different story and I think in the interest of the... of the betterment of everybody, is to allow the two weeks to give some thougnL to this and go back and rethink it, because, as it stands today, I think it is going to be not pleasant. Mayor Suarez: I have to say I kind of got the same impression, Stuart, that the City was in concurrence. That is not to say that I am going to agree witn the City's recommendation, but I think the motion to defer in view of tn*L may be proper Mr. Plummer: I've asked a motion to defer on 90. Mayor Suarez: We have d motion. 150 February 13, 1986 Mr. Carollo: Second. Mr. Stuart Sorg: What is the position, now? Do I meet with the City Manager within two weeks, or...? Mayor Suarez: He has pretty much told you that ne is going to recommend against for philosophical reasons, but that doesn't mead you can't come before us in two weeks and have the Commission override his recommendation. Air. Carollo: Stuart, by the way, since we have got you up here, do we nave the hydrofoils, or not? Mr. Sorg: The hydrofoil is now at Virginia Key, and I hopeful it will oiler ridership for the 8th, for the Kiwanis kickoff of Calla Ocho, that is wnat we j are trying to do at this time. i Mr. Carollo: That is good. Well, I understand the Mayor hasn't tried it out yet, so ne gets first priority. Fir. Sorb: That is right. j Mayor Suarez: I promised to dive off the top or something, didn't I? 0}:, thank you, Stuart. We are going to nave to reconsider this item in two weeks. 1 Mr. Sorg: Do I meet with the Manager in the meantime? Mayor Suarez: I really suggest you meet with the different Commissioners and talk about the elcmencs of your contract. Mr. Plummer: I would suggest that he also meet with the Manager to find out the areas of what the Manager feels are not worthy, so that when comes and speaks to us, he can have both sides of the issue. Call the roll on 90. Mayor Suarez: Motion to defer nas been made and seconded. Call the ro.l, please. THEREUPON,ON MOTION DULY MADE PLUMMER AND SECONDED CAROLLO AGENDA ITEM 90 WAS DEFERRED FOR TWO WEEKS FOR FURTHER REVIEW AND INFORMATION BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins a Mayor Xavier L. Suarez NOES: None. ABSENT: None. N= FOR THE RECORD: ITEM 92 (CABLEVISION) WAS WITHDRAWN. ------------------------------------------------------------------------------ Mayor Suarez: On item 92, I just want to get on the record, Mr. City Manager, that we are in fact, close to a settlement with Miami Cablevision, of the various disputes? Mr. Odio: No, sir. We are negotiating , but we arc not... Mayor Suarez: We are negotiating? I will withdraw the item on the basis of that stacemenc. I am sure I am going to want to consider a lot of the diiicr- ent items of the R.F.P. at the time that we consider the whole thing. 151 February 13, 1986 47. GRAND PRIX AS EVENT FOR A PUBLIC PURPOSE. Mr. Plummer: What you call an emergency item... Mayor Suarez: What do you have? Mr. Plummer: I haVr just asked to be passed out to eacn and every one of you, to put us in compliance, "A resolution designating the Miami Grand Prix racin& event, in accordance witn Section 549.08 F.S. 1985, as bring for a public purpose and shall not be considered or found to be a public or private nuisance." Tnis must be, passed by this Commission for the permit, and I so jmove, Mr. Mayor. Mr. Dawkins: Second. Mayor Suarez: It has been moved and seconded. Any discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-130 A RESOLUTION DESIGNATING THE MIAMI GRAND PRIX RACING EVENTS IN ACCORDING WITH SEC. 549.08 F.S. (1985) AS BEING FOR A PUBLIC PURPOSE AND SHALL NOT BE CONSIDERED OR FOUND TO BE A PUBLIC OR PRIVATE NUISANCE. (Here follows body of resolution, omitted nere 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. AT THIS POINT, THE COMMISSION CALLED FOR AGENDA ITEM 82 FLORIDA HOUSING COOPERATIVE. NO ONE WAS PRESENT AND ITEM WAS NOT TAKEN UP. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 48. MARCH OF DIMES "WALKAMERICA": CLOSE STREETS, WINE/BEER PERMIT, USE PEA- COCK PARK. ------------------------------------------------------------------------------- Mayor Suarez: Agenda Item 78. Mr. Alan Rosenthal: Mayor and members of the Commission, my name is Alan Rosenthal, 3050 Biscayne Boulevard, Suite 800. I appear today as the Chairman of the March of Dimes "WalkAmerica '86", which will be, held on Marcn 22nd, in - the streets of Coconut. Grove in the City of Miami. Last year, you will recall that this Commission unanimously became a cosponsor of tnis event, wnicn is r the largest walkathon in the Soutneastern United States, last year, here in Miami, raising $435,000 for the fight against birth defects, and during this calendar year, the March of Dimes will spend, In the City of Miami, $200,000 a i' February 13, 1986 152 for research and medical services grants, mostly aL the University of Miami School of Medicine, at Jackson Memorial Hospital. We are asking the Commis- sion to support March of Dimes Walk America in a number of ways. We need to close a number of streets in Coconut Grove for part of the day on March 22nd, including Mary Street and South Baysnore Drive to McFarland; McFarland to rain Highway; Main Highway to Douglas; and Douglas to Ingraham Highway. Most of the street closings will be over by 10:00 a.m. Part of the street on h,c- Farland will be closed for a portion of the afternoon, when the walkers return to Peacock Park. We likewise need support by police protection. I believe it's a total of sixteen officers that the city of Miami Police Department has told us we will need for traffic, control and security; the Fire DeparcmenL jproviding an inspector, a van and a permit; Peacock Park, the use of the park; a beer waiver; sanitation service; and finally the Coconut Grove Exhibition Center. Last year this Commission underwrote support of this event in -kind services and fee waivers of about $12,000. We are asking this year for a lesser amount, a total of $9,185.00, some of which are fee waivers and in -kind services. In connecLion therewith, the City of Miami has already been listed and will continue to be listed regardless, as a spunsor of this event. Again, the largest "walkaLnon" of its kind in the southeastern United States... I believe last year this Commission was quite pleased with the results of this event., with the positive attention it brought to the City of Miami. What iL did for the unborn children in this community who were able to be born healthy because of Lhe work of the March of Dimes. We ask this Commission's support for Lnis event once again. Again, the total cost will not exceed $10,000. Mr. Plummer: Mr. Mayoc, I make a motion at this time that this City grant them the street closures, as approved by the Police and Fire Department. Mr. Cdrollo: Second. Mayor Suarez: It's been moved and seconded. Any furLner diSLuSSiotl from 1 this Commission? a , Mr. Rosenthal: Could I ask a question, please? Ir the Commission is not inclined to provide the in -kind services for police and fire, there are still are the issues of the beer waiver, the permits.... I Mr. Plummer: Oh, I'm sorry, that's not a part of Lhis resolution. i Mr. Rosenthal: Oh, I'm sorry, the resolution chat was distributed, was distributed after we were told that resolutions don't get prepared anymore until after the Commission takes action and I had been told tndt that resolu- tion would not be distributed because it didn't include.... Mr. Plummer: I will include in my motion the allowance of the beer and wine to be sold during.... Mr. Rosenthdl: No sales, Mr. Plummer, it's given awdy by various LedMS that consume it for refreshment during the course of the day. Tnere is no sale of any items whatsoever. Mayor Suarez: Are you giving away beer? as Mr. Plummer: I'll incorporate that in my motion. Mr. Rosenthal: The corporations that participate in this event serve beer to the members of their tram that come out and walk 'the twenty kilometers to raise the money, that this year will exceed a half a million. Please under- stand, and I'm aware of the policy that this Commission and this Commission was under a moratorium for festival funding last year when this Commission voted approval for these sums of in -kind services for police and fire protec- tion, and a fee waiver on the exhibition crnLer. Tne moratorium was in effect last year, but it was determined that this was not a festival. It clearly is not a festival. I would ask the Commission to consider the full funding of these in -kind services and fee waivers to provide Env protection for our walkers on the streets during that day. If tnt Commission dots that, every penny thdL is raised will go to the March of Dimes and noL to Ent: cost of putting on this event. Mr. Plummer: Did you say tnae this will raise a ndlf d million dollars? 153 February 13, 1986 Mr. Rosenthal: Yes, sir. Mr. Plummer: That's what I thougnt. Mr. Rosenthal: Of wnicn about S200,000 will be spent by the March of Dimes in this City this year. Mr. Plummer: My motion, Mr. Mayor, is to close the streets as requasttd, subject to the approval of the Police Department and the Fire Department, and tnat we allow them to serve the alcoholic beverages of beer and wine. Mr. Rosenthal: We also need the use of Peacock Park, the use of the firs van..... Mrs. Kennedy: You see tigers don't tell you everything at the Samc timt. That's your problem. Mr. Rosenthal: No, no, Commissioner, this resolution that is in front of you, I was told by the Department of Community Development and Parks and Re�-rC- acion.... Mayor Suarez: Go ahead, don't argue about the procedures. Go ancad and add the items if he's willing to add them. Mr. Plummer: Not the fire van, there is a charge for tnat. you'll navt to pay for that. Tne use of Peacock Park, I'll include that. Tne next item. Mr. Rosenthal: The Police Department. Mr. Plummer: No, next item. Mr. Rosenthal: Snowmobile. Mr. Plummer: No. Mr. Rosenthal: Permit. Mr. Plummer: Permit? Mayor Suarez: The Snowmobile? Is that the tning.... Mr. Plummer: All of this... The Showmobile is $750. Mr. Rosenthal: Commissioner, I would again respectfully point out that UICSe serviceb are required for this event and were approved last year. Mr. Plummer: Do you want me to hdng out my check book? I mean do you want me to cry tears? Mr. Rosenthal: No, sir. Mayor Suarez: The actual cost of the Snowmobile is how mucn? Mr. Plummer: $750 minimum just to set up and tear down and transport to and from. Mr. Rosenthal: We were told $1,000, Commissioner. Mr. Plummer: I'm saying minimum; it depends on now long you use it. Mr. Rosenthal: Most of the cost that we're talking about, the entire cost of the police services is $1,500. Mayor Suarez: How many items are we including in the motion now, so we can get this resolved? Mr. Plummer: The use of Peacock Pork, the closurr of tnv street, subject to police and fire, the serving of alcoholic beverages, not for sale, but dis- tributing. I think that's it. Mr. Rosenthal: I really believe this represents a retreat by this Commission from the support that was given to tnis event last year. We've come back asking for less. February 13, 1986 154 Mr. Dawkins: It might. We don't doubt that. UNIDENTIFIED SPEAKER: I understand. Mayor Suarez: We've betn retreating a lot lately on those items. Mr. Dawkins: It is a strategic retreat. Mayor Suarez: Maybe not as humanitarian as yours, I'll have to admit. Mr. Plummer: Alan, there are a lot of organizations such as yours in 'Miami. Mr. Rosenthal: This is the largest, single fund raising event in SUUth Florida in any single day in the course of a year. Mr. Plummer: Alsac, leukemia, juveniie diabetes, right on. Mr. Rosenthal: All good causes. Mr. Plummer: Exactly. Mr. Rosenthal: Yes, sir. Mayor Suarez: The problem is too, that cuts both ways, because if it raises so much money, it can afford to pay our police officers to be out there and so on. Mr. Rosenthal: And we will have to do that. There is no question about it. Mayor Suarez: That's the way it sounds here. We have a motion. Do we have a second? Mr. Dawkins: Wnat is the motion? Mr. Plummer: The motion is the closure of the streets.... Mr. Dawkins: Second. Mayor Suarez: It's been moved and seconded. Any discussion from cne Commis- sion? Hearing none, call the roll. Mr. Rosenthal: If I could ask one other question. The Police Department agreement to participate in this event was in part, I believe, contingent upon receiving an affirmative vote of support from the Commission. Mayor Suarez: They got that. Mr. Rosenthal: If there is no funding, I would like at least to get an acceptance by this Commission of the cosponsorship conferred upon the City of Miami. Mayor Suarez: Can we include that as part of your motion? Mr. Dawkins: You want our name taken off? Mr. Rosenthal: No, sir, I just want the City of Miami Policy Department and the Fire Department to help us even if we're paying'them, and they don't have to do that unless their boss is telling them they should. Mr. Plummer: Let me tell you what he's saying. In the labor contract, if it is a City -sponsored event, it is at regular time. If it is not a City - sponsored event, it's time and a half. He's asking that this be considered a City -sponsored event in which they will get the police and fire at regular rates. That does make the police and fire a little irritated. You don't have volunteers as readily, able, and willing to come forward. Mayor Suarez: I think they'll find them, frankly. Will you accept that as an additional part of your motion? Mr. Plummer: No, sir. M 155 February 13, 1986 /Z 1000�1. Mayor Suarez: TnaL's not been moved. Do we have a motion before us that doesn't preclude another motion after that. Mr. Plummer: It doesn't preclude. them trying to get tnem to volunteer their services. Mr. Rosenthal: They've already refused to volunteer their services. We'll have ten thousand people in Peacock Park on Saturday, March 22nd. I would submit tndt it would be appropriate to have police proteLtion on that day. Mr. Plummer: Alan, I love you dearly, but you're not saying the truth. You are not going to have ten thousand people in that park if you don't have sixteen policemen, because you don't have a permit. So let's understand where we're coming from. Mr. Rosenthal: We had a permit last year and we had eight thousand people in the park and there was no police officer in the park. Mr. Plummer: Excuse me, you either provide the police personnel that are required or you have no permit. Mr. Rosenthal: We're happy to provide them, but the City of M1dm1 PuiicC Department, unless given the approval by this Commission, doesn't nave to give it to us. Mr. Plummer: Excuse me, I will incorporate that they nave our approval to work at that event. Mr. Rosenthal: Thank you, sir. Mayor Suarez: We have a motion. We have a second. 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. 66-131 A RESOLUTION CONCERNING THE MARCH OF DIMES "WALKAMERICA", WHICH IS TO TAKE PLACE IN THE CITY OF MIAMI ON MARCH 22, 1986, CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC DURING SPECIFIED HOURS, SAIL` STREET CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE, AND INSPECTION SERVICES, APPROVING THE SCHED- ULING OF POLICE DEPARTMENT PERSONNEL TO WORK AT SAID EVENT; ALLOWING SAID SPONSOR THE USE OF PEACOCK PARK IN CONNECTION WITH THE EVENT WITHOUT CHARGE FOR THE PARK PERMIT FEE; AND FURTHER ALLOWING THE DISPENSING OF BEER AND WINE AT PEACOCK PARK FOR A ONE -DAY PERIOD IN CONNECTION WITH SAID EVENT, UPON THE ISSUANCE OF A TEMPORARY PERMITS BY THE FLORIDA DEPARTMENT OF BUSI- NESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, IF REQUIRED; SAID AUTHORIZATIONS AND APPROV- ALS BEING SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRE- SCRIBED 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- 156 February 13, 1986 APES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice —Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSEN T : None . 49 BUONICONTI FAMMILY TO HOLD EVENT IN PEACOCK PARK: WINE/BEER PERMIT Mr. Plummer: Mr. Mayor, I have a similar request for the Buoniconti Fund. They are asking bdsicdliy for the same tning. I can only grant them Ent use of the park and the waiver of the permit fee. I so move at this time fur Ent use of Peacock Park on March 1st for the Marc Buoniconti benefit. Wt cannot jprovide the Showmobile, that we waive the permit of seventy—eignE fifty, Ent staft and the cleanup they have to pay fur. I will move at this timt also, if they wish to sell alcoholic beverages of beer and wine, tndt tney be allowed f to do so. Mrs. Kennedy: Second. Mayor Suarez: I'm not sure if the lasL item of tndL is superfluous, but it will be at some point, once we get our ordinance in shape so it doesn't - require the Commission to approve it, but yes, it's been moved and seconded. Hearing no further discussion from the Commission, and you as a moving party, I'm sure are not going to discuss it any further, we shall take a voEC. Please call the roll. The following resolution was introduced by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-132 A RESOLUTION GRANTING THE REQUEST OF THE BUONICONTI FAMILY AND FRIENDS TO HOLD A FUND—RAISING EVENT IN PEACOCK PARK ON MARCH 1, 1986, ALLOWING THE USE OF SAID PARK WITHOUT CHARGE FOR THE PARK PERMIT FEE; FURTHER GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULA— TION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF SAID ORGANIZERS TO SELL BEER AND WINE FOR A ONE —DAY PERIOD IN CONNECTION WITH THIS EVENT; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon bring seconded by Commissioner Kennedy, the resolution was passed and adopted by the fullowing 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. 157 February 13, 1986 '1 I 50 APPROVE IN PRINCIPLE ADAPTIVE REUSE OF HISTORIC COLA -NIP BLDG. BY NE'N WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE Mayor Suarez: Personal appearances, item 76, Jackie. Item 76, represCrlte- tives of New Washington Heights Community Development ConterenLC. Mr. Plummer: Hello, Jackie. Ms. Jackie Bell: Hello, how are you? I'm Jackie Bell. I'm the executive director of New Washington Heights Community Development Corporation, 1600 N.W. 3rd Avenue. What we nave submitted to you for your consideration, Mr. Mayor and fellow Commissioners is a historical site at 225 N.W. 9th Street. It is known as the old Cola Nip Building. Yes, Mr. Plummer, that used to be our office building, but we're not there now. The reason we took this project was last April, this Commission recommended to its administration tnat they go out find us a site for the hotel. We do have a site. The notel yes, is our priority project. In the process, your staff asked us would we look at some other smaller doable quick projects; this is that project. Tnis building has been designated as a historical site. It is within the historicai village. It is a part of the historical development guide. Before we take this project, I'd like to make the Commission understand something. We have had so much differences in our community about progress. So, we said to your staff that before we would undertake this project, since the Black Archives are doing some things that we would nave to meet with them. We did that. The Black Archives is a history and research foundation that are not in the position of being developers. After those meetings, and Matthew Schwartz is here to reiterate chase facts, after those meetings, an agreement with the archives that this was an O.K. project, they supported it. As of 1:00 o'clock today their executive director spoke to me by telephone, his name is James Evans, and he said the archives were not in disagreement. Since I come here, I found.... Mayor Suarez: Jackie, let me clarity one thing. What are we being asked to approve here? Matthew, can you cut through the narrative and tell us exactly if it is something we can resolve very quickly? Mr. Matthew Schwartz: I think Jackie has asked for a request for New Wasning- ton Heights' for assistance, $125,000 to initiate this project, the renovation of the Cola Nip Building. A letter was sent to the Commission, I believe, from Herb, that requested this would be an ideal project for twelftn year C.D. funds. Since there are no funds available. Dade County has indicated interest in participating in this project through historical preservation, their funding. Mayor Suarez: It's your recommendation that we approve it? Mr. Odio: Yes, sir, we are recommending it. Mr. Dawkins: Wait, you said ctlry have no funds available. Mr. Odio: No, twelfth year C.D. funds. Mayor Suarez: Twelfth year C.D. funds, yes. Mr. Schwartz: It would be funds that would be available in June and have to go through the process, the C.D. review process. Mayor Suarez: Oh, because we now have the advisory board. So we cannoc fully decide today. We can maybe indicate our incentiun to approve it once the C.D. recommends it to us. Ms. Bell: You also let me explain something to you. What we're asking you to do is to purchase the building and the relocation. New Washington Heights itself nas its own revolving loan fund. So, whatever restaurant, or whatever other things that we decide to do, we decide to get a restaurant person to come in. We can loan them the dollars, if it's a small business that nerds chat. But the more important thing is you're talking about creating some jobs and my concern for this is chat I've watched my community lose every nistori- cal site we've had. February 13, 1986 158 Mayor Suarez: Jackie, let me clarify one cecnnical point here now. Our C.D. Board has been constituted, but that really snould only apply to next year's C.D. funds. Snould it not? Mr. Schwartz: It's for twelfth year funds. WC are now in tnv elrventn year C.L. In June 15th, the twelfth year funds become available. Mayor Suarez: And this request is twelfth year tunds too? Mr. Schwartz: The City staff response to the request was that we would sty that this was the type of project that could be funded at twelfth year tunds. Mayor Suarez: Which began October 1, 1966. Mr. Schwartz: No, June, tney' re available in June. Mayor Suarez: Oh, the fiscal year is June? You have to get the C.D. Advisory Board's recommendation as quickly as possible. I mean, we can pass a resolu- Lion saying that we should not contradict our own mechanism that we've estab- lished, frankly. i Ms. Bell: I understand that. Are you talking about the Citywide Board? Mayor Suarez: I believe that's the way we nave to proceed. Is that correct' Mr. Schwartz: Yes, it has to go before the Citywide Board. I think the f important thing about this is that staff.... i Mayor Suarez: I'll entertain o motion to have a resolution in principle, but eventually, it has to go before.... Ms. Ann Marie Adker: Ic first nab to come before the Overtown Board, before it can go to the C.D. Advisory Board. Mayor Suarez: Well, you convene tnem tomorrow and 9:00 o'clock at your nouse, get that resolved, then we're moving. We know now you do things. Ms. Adker: I can resolve it now. Mayor Suarez: I bet you can. Don't do it on the record; there may be some objections. Ms. Bell: Let me say somvtning to this Commission, please. i Mayor Suarez: We're ready to move on your item. You can make matters worse. Mrs. Kennedy: Quit wnile you're ahead. Mayor Suarez: You can make matters worse by continuing to talk about it. I'll entertain a motion to resolve in principle that your request for twelftn year C.D. grant monies be accepted, pursuant to City's recommendations. Staff is recommending, is what I'm saying. Eventually, the board will have to recommend. I'll leave the City out of tnis, although tney're recommending it too. Mr. Plummer: How mush money are we talking about? i Mr. Odio: One twenty five, $125,000. Mr. Plummer: What is the building going to be used for? Ms. Bell: It's going to be used for, the first floor is going to be a rescau- i rant. and an arc museum. The Black Arcnives will nave the art museum. The upstairs is going to be a guest house. It's going to maintain the same historicalness. Ms. Adker: We were always funded in the post. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD). u r, 1 159 February 13, 1986 Mayor Suarez: Ann Marie, please. Mr. Plummer: Who would be the owner of title? Ms. Bell: Me, Oh no... hew Washington HClgnts. I apologize. Mayor Suarez: An -ha, that's a real Freudian slip tnere. Ms. Bell: When I say me, New Washington Heights and I are almost one person, because we've been together so long and cnat's what I meant, New Wasningco,l Heights Community Development Corporation. Mr. Plummer: Jackie, absolutely not. As far as I'm concerned, I would approve a motion which says that it must be approved by the local board and it the City does purchase that, that anytime that that property is not useo fur the intended use, it reverts back to the City ownership. Ms. Bell: Agreed, Mr. Commissioner. Air. Plummer: That property is going to be paid for by the City. Ms. Bell: Yes, sir. Mr. Plummer: It seems like, and I don't know, but it seems like a high figure, because we're talking about parcels in Overtown today at $60,000 and this is double that. So I think that the staff has to come back and really do a sales job on us, as well as you nave to do it on the local development CBO. Ms. Bell: I am the C.B.O. You mean the C.D. Board? Mr. Plummer: C.B. Board, yes. But I'm saying that the only way I would vote, even in principle, is with the full understanding tnat the ddy that property is not used for its intended use, it reverts back to the City's ownership. INAVDIBLE BACKGROUNL C012-IENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Ann Marie, you're out of order, please. So moved; do we nave a second? Mrs. Kennedy: Yes, second. Mayor Suarez: It's been moved and seconded. Hearing no furtner discussion from the Commission, call the roll. The following motion was introduced by Commissioner Plummer, wno moved its adoption: MOTIO`: NO. 86-133 A MOTION APPROVING IN PRINCIPLE A PROPOSAL FROM THE NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFER- ENCE FOR ADAPTIVE REUSE OF THE HISTORIC COLA -NIP BUILDING AS A VIABLE PROJECT TO FURTHER ECONOMIC DEVELOPMENT IN OVERTOWN; FURTHER STIPULATING SAID PROPOSAL MUST FIRST BE APPROVED BY THE OVERTOWN ADVI- SORY BOARD AND THE CITYWIDE COMMUNITY DEVELOPMENT BOARD, AND FURTHER STATING THAT IF THE PROPERTY WERE TO BE PURCHASED, IT WOULD BE PURCHASED.BY THE CITY TO ENSURE THAT IF THE PROPERTY WERE NOT USED FOR THE STATED INTENDED PURPOSES, IT WOULD REVERT BACK TO THE CITY; AND FURTHER DIRECTING THE MANAGER TO COME BACK BEFORE THE CITY COMMISSION WITH HIS RECOMMENDATION. Upon being seconded by Commissioner Kennedy, tnt motion was passed and adopted by the following vote- 160 February 13, 1986 AYES: Commissioner Joe Carollo * Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Sudrez NOES: None. ABSENT: None. DURING ROLL CALL: Mr. Plummer: Yes, and that means it's going to have to come back to us again. At such time, we will impose otner regulations as now the money will be spent and it will be spent for. 51 A -GRANT $65,000 TO MISS BLACK COLLEGIATE PAGEANT; B-DESIGNATE CAROLLO AND DAWKINS AS DELEGATES TO MISS BLACK COLLEGIATE PAGEANT Mayor Suarez: The former City Attorney, George Knox, has been sitting tnere pdtirntly. I thought you were just wdLching our proceedings. Were you here for any particular item? Mr. George Knox: Yes, sir, thank you so much. I'm here on item number 95, which relates to the "Miss Collegiate Black American Pageant." For the record, my name is George F. Knox. I'm an attorney witn offices at 4770 Biscayne Boulevard. I'm general counsel to the Miss Collegiate Black America Corporation. We have, pursuant to direction of staff, made an appearance before the Host Committee. After ndving understood tnat the Miss Teen USA pageant would not be held in Miami this year, we saw tnac cis an opportuLiicy for the Host Committee and the City to participate witn the Miss Black Colle— giate program, whieu was eminently successful last year and there are very elaborate plans for a successful pageant tnis year. It's scheduled for Marcn 25, 1986. We requested and were approved some funding by the Host Committee. I think our reason for appearing before this Commission is to number one, make you aware of our request of Lne Host Committee and to task you to concur in the Host Committee's decision to fund the Miss Collegiate Black American Pageant for this year. Mayor Suarez: I'll entertain d motion to that effect. Mr. Carollo: Member& of the Commission, basically what we're doing here is we approved the funds that would include the three pageants, Miss Universe, Miss U.S.A. and Miss Teen U.S.A. What we're doing here is keeping the same amount of funds only substituLing Miss Teen U.S.A., whicn we let Daytona nandle, for the Miss Black Collegiate Pageant. So, if the City Attorney can read the resolution that was made to make sure we do this in a legal manner, tnen.... Mrs. Dougnerty: We've prepared a resolution amending Section 1 of Resolution 84-962, adopted August 20, 1984, whicn ratified and approved the City Manager's execution of an agreement with the Greater Miami Host Committee, Inc. for the Mass Universe/Miss U.S.A./Miss Teenage U.S.A. Pageants in the years of 1985 and 1986 to be held in the City of-, Miami with funds therefor allocated in an amount not to exceed $250,000 from Special Programs and Accounts, Contingency Fund, by approving the substitution of "the Miss Bieck Collegiate Pageant" in the year 1986 in place of cne "Miss Teenage U.S.A. Pageant" and by authorizing the City Manager to execute an agreement to said agreement with the Greater Miami Host Committee, Inc. to reflect such substi- tution; further allocating for the year 1986 an additional amount not to exceed $250,000 from Special Programs and Accounts, Contingent Fund, in support of said pageant. Mr. Cdrollo: I so move that resolution. Commissioner Dawkins seconds it. Mayor Suarez: Seconded. Mr. Cdrollo: Hearing no furtner discussion.... February 13, 1986 161 It 0 Mavor Suarez: Just one minute to see if we nave sumo concerns to be raised. We've had no recess today. Mr. Carollo: I'll be in favor of a quick onL. Mayor Suarez: I think I'm in favor of one too very quickly. Commissioner. Mr. Odio: LeL me say that of Lhe two f1fLy, what we're saying and maybe the resolution... is LnaL Miss Black Collegiate will receive $50,000 and the resL goes Lo the Miss USA pageant. Mr. Carollo: Again, Cesar, we discussed it before. Do you want for tnt City to give them the money directly or do you want it to go through the Host CO=lL Lee? Mr. Odio: No, sir, 1L should be the Host COmmiLLee. Mr. Carollo: The Host CommiLtee, well, that's fine, but all that Lh1s motlun speaks oI, which is you know Lhe same thing that you jusL said, is thuL we're still approving the two fifty for the three pageants and we're letting the Host Committee give whatever monies they were requested, which was.... Mr. Odio: We should amend the resolution to read that fifty of those two fifty should go to the Miss Black.... Mr. Dawkins: Wait, hold it, no, no,no, wait one minute. What are you goin6 to give the Miss Universe pageant? Mr. Odio: We're not giving anything, Mr. Commissioner. This was passed last year. Mr. Dawkins: What do you have left in the pot? Mr. Odio: $200,000 of the $250,000 go to the Miss U.S.A. pageant. Mr. Dawkins: Why? Mr. Odio: Because tnaL's what it calls for in the contract. Mr. Dawkins: How much did you have budgeted for the Miss Teen? Mr. Odio: It was a hundred Lhousand. Mr. Dawkins: Now, you want to give me fifty and you nad a hundred budgeted? No. Mr. Odio: Let me explain. Mr. Dawkins: Give them a hundred thousand dollars, like you were going to give everybody else, since you're substituting it for that pageant. Mr. Odio: LeL me explain, sir. It's more complicated than that. Mr. Dawkins: No, it's not. Mr. Odio: Mr. Commissioner,, the contract between the HOSE Committee and Miss Universe Incorporated called for Miss Teen U.S.A. and Miss Universe to be held here in Miami. Because we couldn't deliver the facility, Miss U.S.A. will cost a little bit more because we have to pay for not holding Miss Teen U.S.A. here in d sense. Mr. Dawkins: That's your problem. Mr. Odio: Besides, Mr. George Knox's request is for fifty. Mr. Carollo: Miller, let me explain to you briefly. Mr. Dawkins: I'll settle for seventy-five. Mr. Carullo: Miller, let me explain to you wnaL the problem is briefly. Tnc problem is that we were going to lose so much money by holding that Miss Teen Pageant nrre that we were lucky enough to get DayLuna to hold it for us. We're still going to have some expenses. There's no way tnaL we could afford to give more than that. So we hdd arranged Lnis agreement with George Knox. 162 February 13, 1986 All that he wanted was the sdme request that was made last year and approved, $50,000. We nave a heck of a financial situation with the Host Committee and these pagednts. Mr. Dawkins: I know that. All I'm saying is I've been a second class CILizcn most of my life and every time it comes up I get the short end of the sick. I'm in is voting position now where I can stop that. I no longer have to accept the short end of the stick. I can hand it to someone else. Mr. Plummer: Can I make you a winner? Mr. Dawkins: Yes. Mr. Piummvr: George, I second sixty-five. Mr. Dawkins: 65, 50, 15, make it 70. Mr. Plummer: No, no, no. You said 65 and I'll nold you to your word. Mr. Dawkins: I said 75. Mr. Plumper: No, you said 65. Mr. Cdrollo: 45. Mayor Suarez: Sold. Mr. Dawkins: All right, we'll take 65. Mayor Suarez: We have a motion in the amount of $65,000. Do we not? Mr. Dawkins: Yes. Mayor Suarez: Thank you, we have a second. Mr. Carollo: Mr. Knox wants to say some... he wants to make a stdtement. Mayor Suarez: I'm sure he will not at this point, being a knowledgcoble lawyer will retreat at the appropriate time. We nave a motion and a second. Any further discussion from the Commission? Mr. Cdrollo: Further discussion. Mr. Knox, isn't there anytning else tndc you'd like to say at tnis point in time? Mr. Knox: I'd like to thank the Commission for its generosity, but I would like to advise the Commission that we will certainly be very, very prudent, and make certain that the grant to us is consistent with our budgetary plans. Mr. Cdrollo: Right, George, remember than you only wanted $50,000. That would carry you through and you know the constraints the Host Committee has. Mr. Dawkins: George didn't do that. I did it. Mr. Carollo: I know, but I want George to encourage you, Miller. Mr. Knox: I was very careful with what I said. We will be extremely prudent and we will make use of these funds. Mr. Carollo: When they come throwing people in the clingers, it's going to be Skip Sheppard, Monty Trainer, Cesar Odio. It's not going to be me. I'm only an honorary chairman. All these big shots in the committee, that's fine. Mayor Suarez: Call the roll, please. February 13, 1986 163 i Tne following resolution was introduced by Commissioner Carollo, wno moved its adoption: RESOLUTION NO. 86-134 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 84- 962, ADOPTED AUGUST 20, 1984, WHICH RATIFIED AND APPROVED THE CITY MANAGER'S EXECUTION OF AN AGREEMENT WITH THE GREATER MIAMI HOST COMMITTEE, INC. FOR THE MISS UNIVERSE/MISS U.S.A./MISS TEENAGE U.S.A. PAGEANTS IN THE YEARS OF 1985 AND 1986 TO BE HELD IN THE CITY OF MIAMI WITH FUNDS THEREFOR ALLOCATED IN ANN AMOUNT NOT TO EXCEED $250,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND OF WHICH $65,000 SHALL BE SPECIFICALLY ALLOCATED TO THE MISS BLACK COLLEGIATE PAGEANT, BY APPROVING THE SUBSTITUTION OF THE MISS BLACK COLLEGIATE PAGEANT IN THE YEAR 1986 IN PLACE OF THE MISS TEENAGE U.S.A. PAGEANT AND BY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID AGREEMENT WITH THE GREATER MIAMI HOST COMMITTEE, INC. TO RE- FLECT SUCH SUBSTITUTIOt:; FURTHER ALLOCATING FOR THE YEAR 1986 AN ADDITIONAL AMOUNT NOT TO EXCEED $250,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF SAID PAGEANT. (Here follows body of resolution, omitted nere and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkinb, 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. Plummer: Mr. Mayor, I would like to ask this Commission at this point to nominate Mr. Joe Carollo to be the Commission's delegate. He has worked in tnot capacity very well in all of these events in the past, when cocnalrtd by him and Commissioner Dawkins, but it's always been appropriate that once member of this Commission was in tact designated ds the liaison between the Commission and the event. Do you want tnat in the form of a motion or just an agreement of concurrence? Mayor Suarez: You keep sneaking pocket items into tnis agenda. We're going to take tndt in the spirit of cooperation nere. Yes, tnat's the motion that's been made. Do we nave a second? Mr. Plummer: I could have deferred the delay and made amendments and spoken to it for thirty minutes. If that's wnat you prefer. Mayor Suarez: No, I accept it. Motion nas been made. Do we have a second? Mrs. Kennedy: Yes, second. Mr. Carollo: Knox, you guys don't give any medals, do you? I can't nold on to any more. Mr. Plummer: Joe, don't send me any free tickets. Will you? Mayor Suarez: Hearing no furcner intelligent discussion from the Commission, call the roll. 164 February 13, 1986 The following resolution was introduced by Commissioner Plummer, wno 9 moved its adoption: RESOLUTION NO. 86-135 j A RESOLUTION DESIGNATING CITY COM11 SSIONER JOE CAROLLO AND VICE -MAYOR MILLER J. DAWKINS AS OFFICIAL DELE- GATES OF THE CITY COMMISSION TO THE 1986 "MISS BLACK COLLEGIATE PAGEANT". i (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 Cdrollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 52 $165,000 LOAN TO NORTHEAST MIAMI CHAMBER OF COMMERCE (NEMCC) FOR REHABIL- ITATION OF A COMMERCIAL PROPERTY Mayor Suarez: Who's the gentleman on item 53 or the person that has to... go ahead, please. On, you're deferring to Mr. Cascaneda. We've heard a lot of times from you today, Mr. Castanedd. Mr. Frank Castaneda: Mayor and Commissioners,.... Mayor Suarez: The City tells me this is a priority item. Let's see if we get it resolved. Mr. Castaneda:...... basically, we are recommending an allocation of $165,000 to the Northeast Chamber of Commerce from Community Development Block Grant Funds co acquire a property located at 7821 N.E. 2nd Avenue. This property presently is a vacant structure. They have commitments to lease part of the space to eleven new businesses. Northeast Chamber of Commerce has had tremen- dous experience already leasing Biscayne Shopping Center at 79th Street at Biscayne Boulevard. What we are requesting is that they purcnase and rehab the property at $600,000 of which we would authorize $165,000 with the condi- tion that they find additional financing. Part,of the tinancing requirements would come from $135,000 from Commercial Bank and Trust and they are trying to get a firm commitment from Miami Capital of $300,000. As part of the agree- ment, what we would be accomplishing are several things. One, we would be getting rid of a blighted property in the area. We understand that there are already conversations with three Haitian businesses and two Black businesses that would be wanting to relocate into tnat area. We would be helping the Northeast Chamber of Commerce to become self-sufficient and any income derived from. this deal, as we did in the case of the Allapattah Merchants Assocla- tion, we would record the reuse of that money for other than mortgage payment that expenditure would have to be approved by the City Commission and that's what we discussed the last time we were here. We also have a clause saying that if this property is syndicated, 50% of the money would nave to go back to pay directly the City loan. We are doing a background check on all the individuals of the corporation. We haven't found anytning from the Police Department as to negative character of the individuals. Mr. Plummer: Jerry passed that? Mr. Castaneda: Jerry passed it. I don't know now. 165 February 13, 1986 Mrs. Kennedy: Frank, do you have d list of Lhose names for us? Of the members. Can we gtt that lacer? Mr. Castanedd: I could send it. I don't hart them all with me, buL I could sent it tomorrow. Mr. Plummer: Do we stand first in line if it's d forfeit? Tne City stands first to line to recoup our money if in fact it defaults. Mr. Odio: No. Mr. CasLdnedd: That has not been finalized yet. Mr. Plummer: On, yes it has. If you're asking me for 3% money, it is. (INAUDIBLE BACKGROUND COPL"fEr'T5 NOT ENTERED INTO THE PUBLIC RECORD). Mr. Plummer: How many years are you dnrlcipdting to Lake to pay this back. Mr. CasLaneda: Fifteen years. Mr. Plummer: Fifteen? O.K. UNIDENTIFIED SPEAKER: Commissioner, if I may, for one moment. We insisLtd upon a provision to be installed for posterity Lhdt in effect, the following would be true. Fifty per cent of all profits are Lo be used for the purpose of repayment to all obligations. And if you would look aL the pro forma.... i Mr. Plummer: I have. i UNIDENTIFIED SPEAKER: ....that our coordinator has distributed Lo you aL Lhe present moment, although Frank mentioned it's vacant, there are two tenants in j there that are throwing off a $30,000 a year income as it is. What this will { do, in conjunction to what we assisted in doing at the Biscayne Shopping Plaza, in conjunction with the owners of that is a eonLinuance down 79Lu Street of this. I could tell you a little secret. We have a waiting list for tenancies. Our average renL was running at $10 a square foot. Mr. Plummer: Do you near that, Herb Bailey? UNIDENTIFIED SPEAKER: We had to send some of our people home. One of the people who stayed, interestingly enough, was our Police Chief. He wanted to testify on our behalf because while we do nave thdL right now is a for vagrants, a place that is the constant source for police and crime problems. ti 3 Mayor Suarez: Is Lhe Commission ready to vote on this item? Mr. Plummer: Yes, with the amendments that I nave kidded. The amendments are that we are first in line in case of default. f f Mr. Odiu: He didn't say this, but this will reduce a dependence of City 1 funds, which is important. Mayor Suarez: It'b been moved. Do we have a second? Please, a second.. F Mrs. Kennedy: Second. Mayor Suarez: Thank you. It's been muved and seconded. Hearing no furcner discussion from the Commission, please call the roll. 1 Tne following resolution was inLroduccd by Commissioner Plummer, wno moved its adoption: RESOLUTION NO. 86-136 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORA; ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NORTHEAST MIAMI CHAMBER OF COMMERCE (NEMCC), INC. FOR A LOAN OF $165,000 TO ASSIST IN THE PURCHASE AND REHABILITATION OF A COMMERCIAL PROPERTY LOCATED AT 232-248 N.E. 79TH STREET/721 N.E. 2ND AVENUE, FROM THE 7TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, AT A FIXED RATE OF THREE PERCENT (3%) FOR FIFTEEN (15) YEARS WITH NO FUNDS BEING RELEASED FOR THE PROJECT UNTIL THE CITY HAS ACQUIRED A PROMISSORY NOTE FROM NEMCC; FURTHER PROVIDING THAT THE ADDITION- AL FUNDS NECESSARY FOR THE PURCHASE AND REHABILITATION OF THE PROPERTY, IN THE AMOUNT OF $435,000 IS OBTAINED FROM OTHER SOURCES; FURTHER REQUIRING THAT THERE BE NO EXPENDITURE OF ANY MONIES, IN EXCESS OF THE AMOUNT REQUIRED FOR DEBT SERVICE, UNLESS SUCH EXPENDITURES SHALL HAVE BEEN APPROVED BY THE CITY COMMISSION. (Here follows body of resolution, omitted here anu on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resulution was passea 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. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 7:20 P.M. RECONVENING AT 7:30 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER CAROLLO. 53 DEDICATION CEREMONY FOR MUNICIPAL LOT 1141 (GESU SCHOOL) SET FOR MARCH 13, 1986 Mayor Suarez: Item 88 on the inauguration of the.... Mrs. Kennedy: Roger Carlton, where are you? ' Mayor Suarez: Vndt is the item, Roger? What day were you proposing for dedication of the municipal lot number 41? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD). Mayor Suarez: I'll entertain a motion to.... Mrs. Kennedy: I so move. Mayor Suarez: ....to have d dedication on tndt day at that particular time. A. It's been moved. Do we have a second? " f 4 Mr. Dawkins: Second. E> ry 13, 1986 167 Februa i i Mayor Sucitez: It's been seconded. All in favor, please call the loll. I keep thinking of the D.D.A. i The following motion was introduced by Commissioner Kennedy, wnu moved its adoption: MOTION NO. 86-137 A MOTION DESIGNATING MARCH 13, 1986, AT LUNCH TIME, AS THE DATE FOR DEDICATION CEREMONIES FOR MLTICIPAL LOT 441 (GESU SCHOOL PROPERTY). (Herz follows body of motion, omitted Kerr and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the motion was passed Ind 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 Cdrollo 54 RESCUE MISSION: CREATIVE WAYS FOR CREATING A FACILITY FOR HOMELESS -- 1 j Mayor Suarez: Can someone, Matthew, or someone from the City tell us wnat is the issue before we get into a wnule presentdtlou here? Mr. Matthew Schwartz: In June, the City... in April, last April, the City authorized the purchase of block 44, which is the site of the proposed arena. In June we made an offer to the Miami Rescue Mission for $180,000 for the land and building, plus there is a bonus of $11,000 and $37,000 in fixtures. Mayor Suarez: What does that make the total? Mr. Schwartz: It comes out to two twenty eight. We have gone back due to some changes of real estate in the area and we btlieve that we could increast that about $15,000 or $20,000. The problem that the rescue mission has and a the City has, we discovered last summer tnat rescue missions were prohibited 9 everywhere in the City except in the downtown area and in placeb like Bisudyne 1. Boulevard. We went back. We might have fought the zoning in the City of Miami to allow rescue missions in CG-2/7 districts which , art general commer- cial. Dr. Jacobs and the rescue mission have been out for the last six months, in fact even longer, looking at sites, trying to negotiate, trying to buy sites for replacement for the rescue mission. r i Mayor Suarez: How does that affect tnc price that we pay for tnaL site? Because we're trying to cooperate with them, make sure that tney can find someplace else. Is tnat the idea? Mr. Schwartz: The problem was that there was only so much value to their real estatE. It's an 9,000 square foot old building on a 7500 square foot lot. The site... the problem we run into is that there is is tame frame having to clear this property and relocate the facilities on that block 44, because of the arena. The schedule that we have been given by the Sports Authority is that they want to start construction of the arena this summer. Tne Miami Rescue Mission is really in a crunch, and we're in a crunch, because we nave to relocate the rescue mission. We have funding. The funding for the acqui- Sidon of the rescue mission is from the 108 funds. There is a possibility that there are some additional funds that we would nave that was set aside for the acquisition of the whole block that may be available. We can only pay x what the appraised value is, plus a bonus. That's what we're restricted to. 168 February 13, 1986 3 N 1 i I Mayor Suarez: Dr. Jacubs, in one minute or less, what can we do for you Other than what we're trying to do for you already, sir? (Commissioner Carollo enters the meeting at 7:36 P.M.) Dr. Franklin Jacobs: I had originally condensed my presentation to make it very cunc:ise, but I'll try to just capsule it, since you make LhaL request. The problem is basically this. We cannot replace what we now have because we're grandiatnered in. That's a great asset. Anywhere we have to gu, we have to comply with the codes and the building requirements, which is a very expensive item. We cannot even find suitable land for the amount of muney that the City IS.... Mayor Suarez: I nave a question here of our City stafi based on what you're saying. Does the law contemplate that there is anything like an opportunity cost or something like that, I mean, based on the difficulty of finding an alternative site that we could increase our offer over the appraised value and bonuses and so on? Mr. Schwartz: The City can agree to pay anything that they want. The trouble With this property is this is with federal funds and we have to have.., we're borrowing federal funds to buy this property through the 108 program. We have to base our acquisition on the appraised value. The City Commission can determine to allocate over the appraised value, and it nas on many instances, on property. Mayor Suarez: Where would the monies come from then, beyond the appraisal. Mr. Schwartz: We would look to see if we can reprogram somewhere from the money Lflat is Set aside for the acquisition Of the arena, the Southeast Overtown/Park West. + Mayor Suarez: Is the basis problem valuation? Is that what we're talking about there? No? Dr. Jacobs: The basic problem is a nolistic approach to replacement. Mayor Suarez: Your being able to find an alternative. Dr. Jacobs: At Mr. Schwartz's direction, we had our engineering group that is here to do a study on an old facility of similar age and size and it proved to be cost ineffective, just prohibitive. We found through another study that we can buy vacant land and build basic bread and butter type building, no extras, no fancy stuff, cheaper and more efficient than we t-an to remodel an old facility. Mr. Plummer: Doctor, have you considered looking for a location otner than in the downtown, where property of real estate is cheaper? i Dr. Jacobs: Yes, sir, we have. Mr. Plummer: And? Dr. Jacobs: We have the same problem of zoning. We are restricted to a very close zoning and that was only eased up a little bit, liberalized by the Planning and Zoning Boards recently to allow us to• even find something tnat we could come close to. We have a master plan for a long—range plan and we're going to go into a capital funds campaign to do our part, but what we're requesting is that we not get in this crunch again, where we just can't conLinur the very needed work. I don't think we need to argue the point. Mayor Suarez: You're telling us that we're between a rock and a hard place hare. We really need to get this property and aL the same time wt have this homeless problem. Dr. Jacobs: We nave a hundred bed facility for homeless people wt take care of. We sleep a hundred and feed almost two hundred a day, seven days a weep:. We've been doing that for 40 years. We'rt just asking the City to come to our did in this instance. We're going to get out and raise some excra money to try to take care of Lht problem. 169 February 13, 1986 1 Mr. Piummer: What arc you actually asking of the City? Dr. Jacobs: We handed out a sheet. Mavor Suarez: What is an amount tndL if you were offered now, you would dccepL? What has been your demand? Dr. Jacobs: Our replacemenL column there as you can see retlecLs d LUtal of $912,515. Mr. Plummer: You snow d figure here of $2,694,000. Dr. Jacobs: That's our total, our dream and our five to ten year plan, died the replacement of tnc existing facility right now... see, we operdLe, we ndve other facilities in other parts of the City to take care of Black women and children and so forth and we want to expand that, but we're going to get ouL and raise tnat money ourselves from the general public. Mayor Suarez: Would you consider to be the replacement of the existing structure would cost you $912,515. Dr. Jacobs: That is correct. Tndt is wnaL our studies reveal. Mrs. Kennedy: Let me ask the City Manager, what if anything, can we do. Mr. Odio: It's a policy decision, Commissioner Kennedy. The properLy is worth what we are offering. Now if we want to help him replace it, tnaL's a different situaLion. Mr. Plummer: Excuse me, are we also going to be faced with the same thing With the Brothers of Lne Good Shepherd? Mr. Schwartz: :t is our understanding that we have come to an dgreemenL on the value with the Brothers of the Good Shepherd. Camilus House is $1.1 miilion. Mr. Plummer: You nave come to an dgrcemenL on the value of Lneirs, buL are we opening the door for the Brothers of the Good Shepherd to come and ask for Env same thing? Mr. Odio: Yes, you are. Mr. Plummer: See, that's the problem. The other problem is that the problem of these all being in one general locale encourages as a magnet to draw these people to that particular area. Dr. Jacobs: Sir, I disagree. Our studies have shown just the opposite. It's the chicken and the egg... redevelopment draws the homeless. It makes a habitat for street people to panhandle and we're wanting to be a part of cne cure. We do not draw. We are not ghetto generators. Mr. Plummer: No, I didn't say that. Please don't misunderstand me. Dr. Jacobs: Well, that has been printed in years past. Mr. Plummer: Well, I didn't say it. I don't hold responsible for what's been printed, doctor. Dr. Jacobs: I know that. Mr. Plummer: But there is no question that these are people who are down on their luck, for whatever reason, and these are the people who do the panhan- dling and things of LhaL nature, a great deal of it. 1 think I gave you the example the other day. We face the same problem in this episode as we were with the halfway houses. The halfway houses, there were 89 in Dade County. 80 were in Lhe City of Miami, which is to say they never nave kids go bad in Coral Gables or Miami Shores. I just chink we're building a nucleus here, and the problem that this City is faced with is that if you do for one, you nave to in fairness do for all. 3 j 170 February 13, 1986 Dr. Jacobs: I think, sir, that you only have to look at the evaluation of Camilus House, the $1.1 million and they have already settled and they have land donated to them and are starting the process to build on Sth Street. So I think that is a point that you need to consider. Mayor Suarez: Dr. Jacobs, Commissioners, possibly it We have a mutton, it we make a motion asking our City staff to come up with creative ways to... I don't want to say to up the apprelsol, but to take into account, maybe, some aspects of the replacement cost and otherwise look around for whatever monies We can,... I can cell you that I have been visited by Roxy Bolton from City of Coral Gables, Commissioner Valdez-Fauli and they're very interested in trying to do something about the homeless problem. So this is the right time to put pressure on a lot of institutions to give us money and to complement what the City can give under the iaw and under our established policy of nut going over the appraisal. So we can move in a lot of creative ways, Dr. Jacobs. I don't know Wnat we can do beyond that, really. Mr. Plummer: Mr. Mayor, by the way, did you ask Ruxy Bolton and Mr. Valdez- Fauli....? Mayor Suarez: What Coral Gables was doing? Mr. Plummer: Yes, where they might locate tnat home for the homeless in Coro! Gables? Mayor Suarez: I was thinking Granada or some street like that. Mr. Plummer: No, I was thinking the Biltmore, which has obviously been is pink elephant. The Biltmore Tower would be an excellent place. I think tney could probably put, if in fact there is 8,000 in this County, since they are the champion of the cause, that would be an excellent place. Mayor Suarez: I think that if the Commission would not approve a resolution to that effect, I would go ahead and use my letterhead and sent them tnat suggestion from you and myself. That's a great idea. Mr. Plummer: And we'll even provide the transportation. Mayor Suarez: That's a great idea. Dr. Jacobs: May I speak to that, sir? I have studied.... Mayor Suarez: You're not going to tell us you are against? Great facility! Dr. Jacobs: I have studied the situation for ten years, and exactly what you are going to have. When we build the sports arena and the convention center, if there is not a facility such as we are proposing on the fringe out of the downtown area, our philosophy is to get the people off the street, get them cleaned up and get into some renabilitative work to work them back into society. Mr. Plummer: No question doctor, but I think you.... Dr. Jacobs: You can't ship them out. They will be right back. Mr. Plummer: Your ability would still be, knowing you as I do, if you were on 54th Street, you would still have that same ability. Dr. Jacobs: You have to be where the flow is. That's the reabon we.... Mr. Plummer: Excuse me, the problem, in my estimation and I respect your opinion, you creatt the flow. Dr. Jacobs: No, air. Mr. Plummer: Yes, sir, you create the flow. Dr. Jacobs: Tne flow was there before.... Mr. Plummer: I will take you back, doctor, before you were on N.E. 1st Avenue, Miami Avenue, and the flow was nowncre near around tnerc. 171 February 13, 1986 2., Dr. Jacobs: Do you want me to tell you what was there when we went there? Mr. Plummer: I was there, an old hotel. Dr. Jacobs: You're right, it was the worst prostitution house in Miami. Mr. Plummer: No question! Mr. Dawkins: That's why he was there. Dr. Jacobs: We cleaned it up; we cleaned up the whole area. Mr. Plummer: You can go right around the corder from you right nuv. and get another One. Mayor Suarez: Dr. Jacobs, Commissioner, we are all aware of the problem. I don't know that there's anyone that can come up with a solution. If any Commissioner will move that we instruct our City staff to come up with LrC- ative ways of increasing the.... Mr. Plummer: So move. Mrs. Kennedy: Second. Mayor Suarez: ....the appraisal, such that we're still within.... Mr. Plummer: No, you can't touch the appraisal. Mayor Suarez: .... the offer, such that we're still within the law and our established policy. I will entertain such a motion. Mr. Plummer: I so moved. Mrs. Kennedy: Second. Mayor Suarez: Any furLher discussion from the Commission? Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-138 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ADMI\IS- TRATION TO COME UP WITH MORE CREATIVE WAYS OF DETEiLkIINING THE OFFER TO BE MADE BY THE CITY IN THE TAKING OF THE FACILITY FOR THE HOMELESS (LOCATED AT APPROXIMATELY 716 NO. MIAMI AVENUE) IN CONNECTION WITH THE PARK WEST PROJECT, TAKING INTO CONSIDERATION SOME ASPECTS OF THE REPLACEMENT COST STUDY. (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. 172 February 13, 1986 AV A 4 { Mayor Suarez: Seriously, I think we can get, we can put the onus on Coral Gables a little bit, because this whole thrust, ldtely at least, has come from Roxy Boltun and Commissioner Valdez -Fault and them. They should do something. Otherwise, we will suggest, maybe we'll suggest to them anyhow that we use that.... Mr. Plummer: Pink elephdnL. Mayor Suarez: Whdt is the actual name of it? Mr. Plummer: Bi1tmore. Mayor Suarez: The Bilcmore, the pink elephant, to house homeless. I medn it would make a lot of sense to me. I'm not saying that's where your project would be located. I'm just saying ds a way Lo --onvince them that they snould help us in this. Dr. Jacobs: We've nad a City staff, Lhe Overtown Pdrk West Redevelopment Office has been looking into this for over two years, longer, and there's.... Mdvor Suarez: We can only be blamed for the lasL three months, sinLr- Novembtr's Election, but we are going to move on this as quickly dS we possi- bly cdn. There comes a point we simply have to make you an offer and other- wise proceed with condemnation. We'd like to help you. Dr. Jacobs: Metro Ddde, lasL meeting or so, passed the condemnation proce- dure. Mayor Suarez: That puts a little more pressure on you, I suppose, but that's not the intention. The intention is really to help out as much as we can. We really know that Lhe problem exists and we're doing our best. In fact, we're the only ones doing anything, as far as I can tell, the City of Miami, because they're not allowed anywhere else in the county that I know of. 55 DISCUSSION REGARDING ALLOCATION OF $57,000 (FORFEITED BY NATIONAL PUERTO RICAN FORUM) TO ANOTHER SOCIAL SERVICE AGENCY. Mayor Suarez: Item 85, this is the National Puerto Rican Forum. They haven't come up with their matching funds. Mr. Odio: They have not come back. Mayor Suarez: So is there any representative of choirs here? Mr. Castanedd: No, they have sent a letter withdrawing their..... Mayor Suarez: O.K., so you are reddy to disburse the funds to a different agency? Mr. Castaneda: Well, the motion of Lht Commission was to come back here and that you would decide between the meals program.... Mayor Suarez: To recommend that we disburse it to -a different agency. Mr. Odio: That's right. Mr. Castdnedd: We have a request from.... Mr. Plummer: No, no, excuse me. The way this Commission has always handled it is that we mdke it known to all agencies that we have $57,000 available. fi Let them all come in here and equally vie for those dollars. Mr. Carollo: Before we do that, can we try one more time to contact them to see if they're able to get.... ry Mr. Piummcr: They sent a letter withdrawing. Mr. Odio: They sent a letter withdrawing. '} February 13, 1986 ;: 173 Mavor Suarez: We really couldn't wait much longer because the fiscal year is almost halfway. Mr. Dawkins: I Lhink when we suggested withdrawing these funds, we said LnaL we promised same feeding funds to the Puerto Rican group and Lney didn't get them. But there again, you're right, let them all come in, buL I thougnL we committed ourselves. Mr. Plummer: JUSL put an ad in the paper that the City is going to diSLribuLe an additional $57,000 at its next meeting. All interested parties, pleas, come forward. Mr. Costanedo: Do you want IL to stick to the meals program as you had dont in your motion? Mr. Plumber: The policy of this Commission is still basically, we iced the poor, we Lake care of Lne sick, and anything Lett over we talk about. Mr. Castaneda: Do you want this back aL your next meeting? Mr. Plummer: Yes, sure, why not. Like the Mayor said, the.... Mr. CasLanedo: Do you want proposals submitLrd? Mr. Plummer: Just let them come here and they can vie for it. You don't have to submit proposals. Mayor Suarez: Sir, do you wish to be heard on this ILem? Mr. Andre M. Bony: Yes, please, Mr. Mayor, Madam Commissioner and Mr. Commis- sioners, I am Andre Bony. I am the administrator of Overtown Day-care Center. We nave 75 children. We have been operating there for more than ten years providing the service, the food to the residents of the City of Miami, partic- ularly Overtown. This year because of wearisome misunderstandings of the City Commission, we won't be able to go tnrougn September. Many times when I come back to the Commission asking for money to keep the program going.... Mayor Suarez: So what you're going to tell us is you'd like to have the $57,000 in question. Mr. Bony: Almost. Mayor Suarez: We're going Lo near that dt the very next Commission mceLing and we're going to have competing groups apparently, because yours will be one. I presume, Ingrid, you're not part of Lne same group, obviously, so, that's the best we can do today in any event. Mr. Bony: Yes, but I want to remind the Commission that we provide meals and if we don't have the children at the center, they would have to go back nomc and they would be deprived of the meals and so on. Mayor Suarez: To be on an even ground with them, I believe you'd nave to have o proposal and would he noL, by tnaL time? At leasL tnat'b wnaL Ingrid and them nave. Mr. Plummer: They had a proposal in before. Mayor Suarez: The Overtown legal? Mr. Plummer: Yes, they were denied at October. Mayor Suarez: So you may have all your documentation ready and can submit it to us again. Ms. Ingrid Grau: I'm Tngrid Grau. I'm from Wynwood Elderly Center. I've been here like for ten times requesting for the Jose Mendez site tndt hog already been filled to edpaciLy. We have 94 elderly tnaL err waiting to be served meals. I have applied revenue snaring. I have applied special fundings. I have applied everywhere else. HUD nab granLed us Lo use their meal site. Catholic Service Bureau, which was providing us with a hundred meals, now because we didn't use the siLe.... 174 February 13, 1986 ,a i Mr. Plummer: Ingrid, tnat's Whet you're going to have from the City next year, zero. The City isn't going to nave any money next year. The federal 1 funds are gone. Ms. Grau: I understand that, sir. Mayor Suarez: We don't really know that. But in fact, the loLeSt thing,, I guess.... Ms. Grau: But what we're saying is LhaL everybody.... Mr. Plummer: We don't. Federal Revenue Snaring is gone. Mayor Suarez: But Community Block Grants are not going to... but the 1aLcSL decision is Lnat is unconstitutional. Mr. Castaneda: Let's say LheL we've been condemned Lu death and we're waiting for Lne Governor to give us a pardon. Mayor Suarez: Ma'am, Ingrid, we'll hear from you aL the next Commission meeting, at wnich Lime we will finally decide Lnis. Now we nave decided today, in effcCL, tnaL Lhe National PucrLo Rican Forum nas 10sL its rignL to the money so we will decide at the next Commission meeting. They rclinqui6n.c their rights, right. Ms. Grau: Again, just let me remind you tnat there arc only four moncns left and tnat we have pusned really.... Mayor Suarez: The Commission has stated its policy of giving other competing groups an opportunity, but we will decide at the very next Commission meeting. At least we're half way Lherc because we have gotten d relinqulsnmenL trom the i prior group. 56 FIRST READING ORDINANCE: YOUTH ADVISORY COUNCIL Mayor Suarez: Item 89 can be taken care of very quickly, I hope, and I know 87, you've been waiting on for a long time. Mr. Dawkins: Item 89. Mayor Suarez: What exactly are we doing here? We're setting up an advisory council? Mr. Dawkins: Yes, during Lhc campaign, quite a number of youth worked witn me and we also discussed the fact that young people were not involved and we didn't make any provisions to include them. So Lney got together Lnemsclves and they decided Lo create a council. Mayor Suarez: Youth Advisory Council. What issues will they advise Me Commission? " = Mr. Dawkins: Youtn related. Mi. George Alvarez: Youth related problems with Lice City of Miami. My name is George Alvarez. My address is 414 S.W. 22 Avenue. Mr. Dawkins: What about you? You had a hand in the organization of this. Get up there. Mr. Alvarez: The people who helped on this project is Raul Gastcci Jr. and Merci Rodriguez. Mr. Mayor, City Commissioners, City Manager, I come before you today because I'm vary concerned about Lhe growing amount of indifferences in our City's youth. Many of my fellow classmates and friends feel that their needs and wants are not a major concern of Lhe City of Miami. There saems to be a widening gap between the City's youth and the City's government. As you can see, we propose a council of fellow yUULn to work closely witn Lna liaison 1 appointed by the City Commission. 175 February 13, 1986 Mr. Dawkins: Look, it's Id Le, let me cut through this. Mr. Mayor, I have an ordinance nere creating the Youth Advisory Council and I so move. i Mr. Carollo: Second. Mayor Suarez: The ordinance nab been moved and seconded. Mr. Dawkins: Read the ordinance, Madam City Attorney. Mayor Suarez: We nted to read it. Mr. Alvarez: Do you want me Lo finish? Mayor Suarez: She's going to read the ordinance, wnicn is very imporLanL. Mr. Alvarez: There are a couple of modifications in the ordinance that will be proposed a little later. AT THIS POINT, THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Dawkins: Under item A, I'd like to delete "one adult advisor who sna11 br it least 21 years old." If we're going to have adults wicn them, tnt:n we don't have a youLn group. Mayor Suarez: Besides that, the SLaLe of Fiorida's dvt1nieion of an adult 1s anyone over 18. Mr. Dawkins: Good, thank you. Also, instead of having an adult, if we have an adult with them, cnen they're not organizing themselves. They have an adult telling them what to do. So let's just have the youth and put them on their own. This is the only way they will learn. Secondly, they have here say, "who shall reside in the City of Miami." I'm for chat but a lot of youth i have parents who nave businesses in the City of Miami. If we're going to get enem to reside in the City, we nave co let tnem parL1C1paLe, I think, in it. So I'd like to modify to say: "who live in the City or wnose parents own a business in the City of Miami." You say, "21 years of age, all of whom snail reside in the City of Miami." I'd like to scratch that. Cross out the 21 years of age and the adult advisor and say that "all snall reside in Lnc City of Miami or their parents must own a business within the City of Miami." Over on page .3.... Mr. Alvarez: Excuse me, Mr. Dawkins, there is another change in chat firsL paragraph. Due to the high request of youth wanting to belong to this coun- cil, we want to request that instead of ten members, co make it 15 members, each Commissioner gets three choices. Mayor Suarez: I accept that modificdLion. Mr. Dawkins: O.K., thaL's another one. Mayor Suarez: Mover accepts the modifications. Anything else? Mr. Dawkins: Yes, on page 3, scratch cne youth advisor shall be a member of the office in the youth group, scratch LhaL. On page 4, scratch "the Cicy Parks and Recreation Department shall cooperate with the Youth Advisory dud make City facilities available." .lust say that Lnt' City of Miami administra- cion will work with them. Mayor Suarez: The other wording implies all kinds of fee waivers dnd things that we generally have to approve here at the Commission. Mr. Dawkins: Any ocher amendments, I'd like for them to meet among themselves with the total 15 members and see if other 15 members want to amend tnis or whet have you so we can do it at one time, rather than doing it here and tnen the other. Because we have to let the other 15 members pdreicipdte in Lne orgdnizdtion of this if they're going to be a part of it. Mr. Alvarez: We're building bylaws and we're waiting to form the council so everyone can be involved in the formation of the bylaws for the council. 176 February 13, 1986 a { i 9 Mayor Suarez: Just out of curiosity, who appoints the council? Do we appoint the members? Mr. Alvarez: For the first government.... Mr. Dawkins: We all get to appoint. Mrs. Kennedy: We get to appoint three members. Mayor Suarez: The idea is that each Commissioner would nominate three. Do you plan to hdve us do that today? Mr. Dawkins: Wnat I would like to do is just appoint, since they have cne organization together, make him temporary chairman, temporary vice-cndirman, and secretary, temporary, so they can sort of pull this together and then come back with a permanent. When you get the 15 members, let them come back witn permanent offices. Mr. Alvarez: There's something here that the chairman for the first govern- ment of the Youth Advisory Council shall be chosen by the City Commission. For future goveruments, the bylaws will state that the chairperson will be chosen by a majority vote of the Youtn Advisory Council members. TndL's 011c of the proposed changes. Mr. Carollo: Millet, why don't we just let them, you know, elect whatever they want between themselves. Mr. Dawkins: Within these three? We have to have somebody to pull it togetn- er. Mr. Carollo: I mean after we name the whole board. Let them all name cnem- Selves. Mr. Dawkins: No, no, we do it this time. After this they do it themselves. Mayor Suarez: We are really creating and constituting a commission or some- thing. I know that Mr. Garcia wants to be a member. Do you not want to coat up and join the rest of the group, make sure you get included here. Is Chat. part of the ordinance, the creation of d constituting commission or ..ouncil. Can we... if we're supposed to appoint the members, we can't let you do the appointing. You can certainly suggest names to us for our next Commission meeting. Mr. Alvarez: We're saying just the election of the officers for the council will be elected between the board members once they're picked. Mayor Suarez: You are de facto the constituting commission or constituting council of this organization. You can select from your membersnip, one of your chairmen to have what will be unofficial meetings until we have selected the full board of 15. Mr. Alvarez: Yes, you're correct. Mr. Plummer: This doesn't even take effect of law for 60 days. Mayor Suarez: Yeb, it has no effect at this point, so you're an unufficial body. We have a motion to accept the ordinance, ,as amended. It has been seconded. Any further discussion from the Commission? Call the roll. Mrs. Dougherty: Mr. Mayor, should we include the quorum to be nine members? Mayor Suarez: That's a good idea. Either nine or right, I suppose. Mrs. Dougherty: It's six now. You've increased it to 15, so I suggest a quorum ought to be nine. Mayor Suarez: You suggest nine as opposed to a majority? All right. With those amendments, we have a motion. It's been seconded. Hearing no further discussion from the Commission. Please call the roll. F 177 February 13, 1986 F-y, Pit AN ORDINANCE ENTITLED - AN ORDINANCE CREATING THE "CITY OF MIAMI YOUTH ADVISO- RY COUNCIL", PROVIDING FOR THE COMPOSITION OF THE COUNCIL AND THE QUALIFICATIONS AND TERMS OF MEMBERS; PROVIDING FOR THE POWERS AND DUTIES OF SAID COUNCIL; PROVIDING A METHOD OF SELECTION OF OFFICERS; FURTHER PROVIDING FOR MEETINGS, QUORUMS AND VOTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo and was passed un 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: Nun, ABSENT: None. The City Attorney read the ordinance into Line public record and an- nounced that copies were available to the members of the City Commission and to tnc public. ----------------------------------------------------------------- Mayor Suarez: Remember that for advisory councils and any otner boards or j councils to be functioning and to be effective because of the quorum require- mencs, you have to remind us to appoint the members and each one of us is to have the names ready. Sometimes we're involved in a lot of other matters here . Mr. Alvarez: I'll take care of that. Don't worry. Mayor Suarez: I'm sure you guys will do that. 57 CANCEL PRESENTLY EXISTING LEASE WITH OVERTOWN SHOPPING CENTER Mayor Suarez: Let me just handle item 87 very quickly. I know Herb Bailey ndLS to leave town and wants to explain to us what's going on in connection With the Overtown Shopping Center, wnicn is in dire straights, to put it mildly. Mr. Dawkins: It doesn't exist. Mayor Suarez: I didn't know it was as bad as it was. Mr. Bailey, I under- stand the property was foreclosed at one point and we nad to go rescue it in court. Mr. Herb Bailey: Yes, Mr. Mayor. Mayur Suarez: Wno's the titular owner of that property where the snopping center is? Is that the Overtown Economic Development? Mr. Bailey: The City of Miami is the owner and today we've been informed by the,Cicy Actorney's office that the case nas been cnrown out and we are still, CIS of tonight, in possession of the shopping center. Mr. Dawkins: Beg your pardon, run that by me again? Mr. Bailey: We arc still the owners. Mayor Suarez: We regained title. 178 February 13, 1986 - Mr. Bailey: We regained title. We never really lost title. TnaL was d series of mistakes and errors made by the attorney wno filed the suit. WrldL has hdppened, our City AtLornvy's office has made LounLer suits and Loday we've been informed that Lne Cldims have been dropped. Mayor Suarez: The court seL dside the forcclusurC and juagemenL and so on. Mr. Bailey: Yes. Mayor Suarez: Tile reason I had even dsked for tnis to be on the agenda, because we can very well postpone it. I doii't think we have any short-Lerm solutions in any event, unless somebody here has one. Was at my request... I didn't know things were as bad, I guess I should nave suspected things were as bad as you stated. Basicdily, Commissioner Dawkins has been keeping an eye on the situation too with the food rotting in the former tenant site in the food store there, and notning happening in L111S shopping center. How can we get it otf the ground again? I've been talking to everyone in signt about looking for an ancnor tenant. That's my conLcrn. That's wny I have it on the agenda. There may be a host of other problems, but that's the one I'm concerned about. I mean we need to have that anchor tenant in there. We're looking. I've asked the Governor, I've asked the Department of Community Affairs, Cu=is- sioner Dawkins is looking everywnere. We need to get Lhis on Lhe way. Mr. James Barry: My name is James Barry. I'm the chairman of O.E.D.C. Board in OverLown. These circumstances that Mr. Bailey has stated here is totally Wrong. The first thing is we're on our lease agreement here. The internal revenue told us thdL we could not pay Williams ConsLruction. That's where the lien came from. The Internal Revenue stopped us from paying Williams Con- sLruction. O.K., Williams Construction, in return, had writs to do the tentative improvement. The Internal Revenue held up the monies and told us we could not pay them and that's where Lhe lien ..... The money is still there for that lien to be paid off. That's not our fault when the Internal Revenue Lclla us that we cannot disburse funds to our contractor. We have to adhere to what the InLernal Revenue says. In turn, Adobe Supplier, they supplied the stuff for the tenant improvement. They filed cne lien against O.E.D.C. because that's the only means that they would be able to get Lncir monies. Adobe did not know that the Internal Revenue had a lien against W11110mS ConstrucLion that we hired to do the tenant improvement. O.K., O.E.D.C. did not hire them. Our management firm, Mr. Firr, hired William Construction. Mayor Suarez: These are quite complicated legal matters you're Lelling us about. Is there any of tnis that. has to do or tndt impedes obtaining d new principal tenant for that site? Mr. Barry: Now, we've been searching everywhere for tenants to come into Oyertown. The first three tenants that we had into this shopping cen,cr, it fell through. Mayor Suarez: Three failed already? Mr. Barry: No, three young men that we gave d lease to fell tnrougn, because they did not have enough funds to operate like tney're supposed to. They 1cIL owing O.E.D.C. $28,000 in rent. Miami Cap, Lhey got Miami Capital...is tnc one that holds all the merchandise inside that shopping center, the food and -11 that. Miami Capital is supposed Lo move it but after those young men move.. O.K., we've been on Miami Capital to move that stuff out of theft. We had Lo wind up going to get someone to go in there and.... Mayor Suarez.: Let me hold you for a second. What action could tnis Commia- Sion take Lo change the ieasing conditions so that we could find a tenant, even if we had Lo make certain concessions? Mr. Bailey: Mr. Mayor, beiorc I answer that, tncrc's one otncr little thing I.4 like to point ouL. You have in your packet a clear explanation of wh1t has happened. We're recommending today, in fact, we have sent a letter... tnc mdnsgcr has sent a letter giving them seven day notice tnat we cancel Uur lease arrangemcut with Overtown EcouomiL Development Corporation for tnc following reasons. In as much as there were errors made in Lne first suiL in terms of filing against O.E.D.C. as the owners, and that does not relieve tnem.... chat does not dismiss the possibility that they can come back and February 13, 1986 179 i i re -file on the leasehold interest, and if anyone files on the leasehold interest, we have an unwanted lessee, and based on the terms of the current lase, at the end of forty years, Lney now own the property. What we're trying to do until this lien cdn be satisfied, IS to cancel the lease so thdL there can be no filing on their leasenold interests and at the time of the satisfaction of the lien, I think we should come back before this Commission to determine whdL we do witn O.E.D.C. cis a lessee. Ms. Ann Marie Adker: I think that's very unfair. Mayor Suarez: WalL a minute, Ann Marie. We're going to nave an oppurLuniLy at tnis Commission to approve or disapprove of the cancellation of the ltdse with O.E.L.C.? Mr. Bailey: I would like for this Commission, if the Manager so desires, to Make a motion. Mayor Suarez: Today? Mr. Bailey:.... toddy un the matter because it does not prevenL tnt plaintiff I guess it's the plaintiff, Madam City Attorney- to file tomorrow on the leasehold improvemenL. If they file tomorrow, on the leostnold interest of O.E.D.C. then I don't think we can win that one. Mayor Sure::: Herb, I'm a lawyer and I have no idea what you just _said. Therefore, I presume the rest of this Commission has even less of an idea. Gr if they have more of an idea, I'm going to consult them on a lot of legal matters I have pending in my law office. I really don't tnink we're ready Lo Lake that kind of action, but we beLter have this item come back rignt up again at the next Commission meeting and have all kinds of supporting documen- tation. Mr. Bailey: If you don't, you run the risk of losing the center. Mr. Plummer: What does the City Attorney recommend? Mrs. Dougherty: We recommend that we cancel the lease as well. Mr. Plummer: Tonight? Mrs. Dougherty: Yes. Mr. Plummer: It's on the record. Ms. Adker: I think this is very unfair. I don't know if everybody concerned has had a chance .... Mayor Suarez: You underaLand that does not preclude the City later going right back.... Ms. Adker: IL'S going to.... Mayor Suarez: ....and leasing it back to O.E.D.C. Ms. Adker: No, no, I think it's unfair since O.E.D.C. is noL totally respon- sible for what happened, is what I'm saying. In the first place, the firziL lien thdt was.... Mayor Suarez: We hear you, but there are some complicatedlegal rights thdt could. be lost if we don't proceed with the cancellation, is whdt L'nvy'ir telling us. Ms. Adker: What we're facing here, since we don't feel as Lhougn you're doing U tne.rignt thing by Overtown is a lot of upset votes. You know, we don't fool as though we're responsible for what happened. Mr. Plummer: Who is? Ms. Adker: Wno is? You got M.R. Harrison who was tnt building contractor and t management for the shopping center, who received the first lien, O.I:., and was in a cdtch-22 like we are, could not pay at. But tnose people did not file a suit or a claim against that lien, because they knew tndc I.R.S. nad sent M.R. February 13, 1986 180 Harrison a letter. Same thing happened in this situation. O.E.D.C.-whdtev- er- has Firr Management in charge of that shopping center. Firr Management does all this and they were the ones thdt hired Williams Construction Company. Williams Construction Company hired Adobe, I mean Ricks, and Ricks got their supplies from Adobe, which O.E.D.C. 1s out there. Mayor Suarez: We're not particularly concerned with all of that at cnis point. How the lien cdme to be and how it came to b� enforced and all of that.... Ms. Adker: That's right, so ; don't think that O.E.D.C. is responsible. Mayor Suarez: You should have kept us advised about it all the time; it would have been very helpful. Ms. Adker: When we knew, we were the last ones to know. Mayor Suarez: LEt me ask a question of Mr. Barry -wait a minute- of tnc City Attorney. Could you run it by us again? What exactly are we... what kind of rights could we be relinquishing if we wdic to take up this matter at tnc next Commission meeting and have full documentation on it and an opportunity Lo hear both sides, including the O.E.D.C.? Mrs. Dougherty: What. Mr. Bailey is calking about is that the lien or su1L didn't sue the City as the owner of the property. They sued the O.E.D.C. to foreclose a lien. What they did is sold the property on the courthouse steps for $170. The City was literally sold on the courthouse steps. We didn't know that there was a foreclosure sale. We didn't know there was a defou:t• We didn't know that this property was sold. We had to set aside that sale and today we finally got it set aside. Mayor Suarez: I understand that and congrdcuiations, but.... Mrs. Dougherty: Thank you, but, nevertheless, what they are saying is if we get back the property in our names as opposed to their names, perhaps they would not be able to get attached the property In our names because you dll*L lien City property. You can lien their property and they have a leasenold interest. So what the City is saying, cancel their leasehold Interest. W, own the .property and perhaps we can avoid having a lien attdchvd to the property, the building and structures, as opposed to the land itself. Mr. Plummer: You're protecting the City's investment. Mrs. Dougherty: That is (-orrcCt. Mr. Piummer: What choice do we have? Mrs. Dougherty: Wilat I would suggest you may want to do is.... Mayor Suarez: The lien didn't attach to the property per se. Mrs. Dougherty: No, because you can't ever attach City property. Mayor Suarez: Besides that, we were not served on anything, I gather. Mrs. Dougherty: Right, but you can't attach City property anyway. Mayor Suarez: We weren't even a party to the suit initially until we found out about it somehow. Mrs. Dougherty: Right. But you can't attach City property anyway. Heyor,Sua,rez: Now, what can happen that Herb was talking about that could b: rights validated for forty years or something? I don't understand any of that. Mrs. Dougherty: They can ottoCh the land. that has a property value. Mayor Suarez: O.E.D.C. you're talking obouL. Mrs. Dougnerty: Correct. They have a leasehold interest 181 February 13, 1986 Mayor Suarez: That's not a forty year lease. Is it? Mrs. Dougherty: It is a forty year lease. Mayor Suarez: It is a forty year lease. Wow! I didn't know that we gave leases that.... Mrs. Dougherty: The City gets the property, the building and the structures at the end. What we're saying is if you attach, if you don't take tnis action, they can attach she building and premises as opposed to the land, the structure and perhaps take over. Mayor Suarez: Tney can attach the laasenold interest is what you're saying. Mrs. Dougherty: Right, and then take over and foreclose the leasehold interest and we'd have an unwilling lessee there, one we don't want, one tnat foreclosed an interest of a former lessee. Mayor Suarez: Who is the foreclosing party? Mrs. Dougherty: Adobe Construction Company. Mr. Bailey: Adobe, and it was bought by Summ,, Capital Corporation. Mayor Suarez: Who are those poop-e? Mrs. Dougherty: That's a lawyer in Miami Beach, is the principal of it. Mr. Plummer: We got it back. Right? Mrs. Dougherty: Yes, we have it back. Mr. Plummer: Mr. Mayor, at this time, it might be unpopular, but on tine r(-Commendatlon of the City Attorney, I make a motion that we follow her recommendation. Mrs. Dougherty: Alternatively, what you may want to do is allow us to do so after investigation and we can present everything to you, if you like. Co ahead and authorize that the Commission.... Haygr.Suarez: Either my mind is not working at 8:15 p.m. or something is wrong. I just don't see that is Lhc only way for us to get.... Mr. Bailey: May I make a suggestion? Mayor Suarez: Yes, what you are saying is we have an opportunity hers that we didn't have before of getting rid of what could be a valid lien holder. The People who lose out are the people who have that lease, whether they have done a good job of handling it or not. That is what it seems like to me that you die saying. Because they cannot attach on the City's property on the City itstlf.bccause it's a governmental entity, but it can attach on a leasehold interest, and you want to cancel on a leasehold interest so that we don't h4ye.to.worry about the lien without considering the merits or the lien or the merits of the laasenold or anything else. Mrs. Dougherty: No, I believe the merits of the lien should be addressed. Mayor Suarez: We haven't addressed them yet. Mrs. Dougherty: Well, if they start to foreclose on that leasehold interest, we're not going to be able to address it. Moyor.$udrez: Why does the fact that... Is there a race to file first here or something? I don't get it. I mean couldn't we exercise our right the same way two weeks from now when the Commission considers this item? His. Dougherty: Let's assume that they do file on the leasehold interest tomorrow and it's in their name as opposed to ours. We're not as good a Position as if it were in our name. We don't nave the same defense as if we own ehe property. Y 182 February 13, 1986 Mr. Barry: Mr. Mayor, she just got through saying just a minute ago the City of Miami owns the lease. Mayor Suarez: The land, the land, we own the land. Mr. Barry: We own the land. So how in return could they still file on... they can't file on the City of Miami because it's still owned by the City of Miami. Mrs. Dougherty: They can file on your leasehold interest. (INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD). Mrs. Dougherty: No, they filed on the land, whicn was their mistake. Now they can come back and file on your leasehold interest and take over your leasehold interest. The City then has a lessee that we don't want. Mr. Plummer: Maybe. F- Mrs. Dougherty: Maybe. Mayor Suarez: What if O.E.D.C. defends itself from our attempts to take over the lease? INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mayor Suarez: Are you saying their rights are foreclosed already? Mrs. Dougherty: No, not at all. We probably would have to go to court to do that if they don't agree. Mayor Suarez: Get a lawyer if the Commission decides to do that. INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mr. Barry: This lien.... Mayor Suarez: We're not going to discuss the merits of it tonight, because we've got a lot of other items. We put this matter on the agenda really just to find out if we could find a substitute tenant, to tell you the truth. I didn't know we had this incredibly messed up legal situation, including foreclosures and everything else, that we just today, coincidentally, got back title to the property. It's amazing! INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mayor Suarez: The City got back title to the property. Your leasehold interest is still legally intact, as far as I can tell. Wnat is the Commission's pleasure on this? We have a pending motion. Mr. Plummer: The motion is that we follow the recommendations of the City Attorney. INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mayor Suarez: It's been moved. You know, Ann Marie, really, the matter as fairly complex legally. You'd do well to get yourselves a lawyer in any event. We have a motion. Do we nave a second? Mr. Dawkins: Second, that's what I pay the City Attorney for, to advise us. If we're going to take her advice, you don't need her sitting over there paying her $90,000 a year to sit up there and don't follow her damn advice. Mayor Suarez: It's been moved and seconded. Any further discussion from the Commission? Call the roll, please. 183 February 13, 1986 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-139 A MOTION ACCEPTING THE CITY ATTORNEY'S RECOMMENDATION AND DIRECTING THE ADMINISTRATION TO CANCEL A PRESENTLY EXIST- ING LEASE IN CONNECTION WITH THE OVERTOWN SHOPPING CENTER. Upon being seconded by Commissioner Dawkins, the motion was passed dnd adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. Mr. Dawkins: See you in court. INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mr. Dawkins: Nobody. Mayor Suarez: I think you ought to get legal protection very quickly for O.E.D.C. Reflect my vote as a no. I don't want to superimpose my legal opinion on the City Attorney, but I think we could have probably found some other way of doing it. Mr. Barry: Thank you. INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD. Mr. Dawkins: No, ma'am, that lease will not be given to them. They are in Liberty City. You are in Overtown. I will say tnat for the record. NM FOR THE BECOn: Later same meeting, Vice Mayor Dawkins instructed the administration to check exact reasoning for decision to cancel above lease. 58 DISCUSSION AND DEFERRAL OF IMPACT FEE ORDINANCE Mayor Suarez: Commissioner Plummer, do you want to handle the item 86? Mr. Plummer: Mr. Mayor, very simply, I think that we've had two or three meetings to look over the impact fee ordinance. It is something we've talked about and it has been desirous to instigate in this situation. I would ask, Mr. Mayor, that we exercise a rare option and read it on first reading and then we can take it up in more depth and detail on second reading, but let's get it started. Mr. Carollo: I so move. Mayor Suarez: So we arc approving.... Mr. Plummer: Item 86, which is the impact fee, which will have to be... I second the motion... will have to be read by the City Attorney. Then we will go into heavy discussion of the impact fee at the second reading. Mr. Odio: J.L., what you should pass is that we come back for the first reading so we can advertise and ali that. Mayor Suarez: Yes, we can't do a first reading here. 184 February 13, 1986 f 0 Mr. Odio: No, it was not advertised. Mayor Suarez: It was a discussion item. Mr. Odio: It was a discussion item. advertise it and put it ... . Mr. Plummer: Unbelievable! It was not advertised. We need to Mr. Odio: You asked for a discussion item. Mr. Sergio Rodriguez: You asked us to do that. We can bring you back.... Mr. Plummer: You guys haven't done anything where what I asked you to do. I'm not happy witch this ordinance, but at least it's a step in the right. direction. As far as I'm concerned, any building beside a single family residence creates an impact.. That person who creates the impact should have the right not to burden the remaining taxpayers with that impact. They should pay it. It's just that simple. You guys have got your ways and wherefores. Mr. Mayor, I understand the legalities. I would ask, for God's sake, that this thing be advertised. Mr. Odio: She says we don't have to advertise, so you can go ahead and pass it today on first reading. Mayor Suarez: You talked long enough and now we have a different answer. Mr. Plummer: When you talk too long, they get tired of hearing you. Mr. Odio: That's why we're paying her to.... Mrs. Dougherty: "AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE BLANK OF THE CODE OF THE CITY OF MIAMI, ADDING THERETO A NEW SECTION BLANt: IMPOSING AN IMPACT FEE ON DEVELOPMENT WHICH EXCEEDS CERTAIN GROSS FLOOR AREA RATIOS AS HEREIN DETERMINED IN ORDER TO FINANCE MAJOR PUBLIC FACILITIES, THE DEMAND FOR WHICH IS CREATED BY SUCH DEVELOPMENT; SETTING FORTH FINDINGS AND INTENT; PROVIDING THE AUTHORITY THEREFOR; PROVIDING DEFINITIONS; PROVIDING FOR THE APPLICABILITY OF THE IMPACT FEE; PROVIDING FOR IMPOSITION OF THE IMPACT FEE; PROVIDING FOR THE ESTABLISHMENT OF EXCESS DEVELOPMENT SUBAREAS; PROVIDING FOR DETERMINATION OF EXCESS DEVELOPMENT POTENTIAL PROVIDING FOR ESTABLISHMENT OF EXCESS FACILITY CAPITAL PROGRAMS; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE COEFFICIENTS; PROVIDING FOR CALCULATION OF IMPACT FEE; PROVIDING FOR ADMINIS- TRATION OF IMPACT FEE; PROVIDING FOR BONDING OF EXCESS FACILITY PROJECTS; PROVIDING FOR THE EFFECTIVE DATE; PROVIDING FOR THE ZONING ORDINANCE; AND PROVIDING FOR REPEALER PROVISION AND SEVERABILITY CLAUSE." Mayor Suarez: Have we turned this into a public hearing on this particular item? Do we need to hear from the public? Mr. Plummer: We can do it on second hearing. That was my suggestion, Mr. Mayor. Mayor Suarez: I just want to clarify that for the record. Prior to voting on the proposed ordinance, I think you want to be heard on this item, Truly? Ms. Truly Burton: Yes, I do, thank you. Truly Burton, Government Affairs Director for the Builders Association of South Florida. My address is 15225 N.W. 77th Avenue in Miami Lakes. Our folks have'taken a look at this and there are several problems with it that we see. First of all it took a long time for a builders association to be convinced that impact fees were neces- sary. Once they got to that position, they felt very strongly that everyone had to pay. It's a question of equity. The problem that Envy see, first of all, is the 1.72 ceiling is not equitable. It's not equitable for those people that have to pay that are above it. Everyone should pay based on their proportionate share. That is one. Second.... Mr. Plummer: No, no, one seventy-two and up, anything above.... Mrs. Dougherty: She wants everything below too. Mr. Plummer: I agree with her. Sergio, give her the damn poor excuse you gave me, and maybe she'll understand it, because I don't. Listen to this, 185 February 13, 1986 because you're making the same argument that I made to ttiem, that it has to be uniformly applied on everything but single family residences. Now listen to this high priced excuse. Go ahead. Mrs. Dougherty: She wants single family too. Mr. Rodriguez: For the record, the comments that I make are per memo from Cesar Odio to the Commission dated January 16, 1986. We are going to come back within the next three months with an impact fee Citywide, which is different than tnis. The one that we have now is one that we feel completely comfortable that we can defend in court very well and that is legally defensi- ble and that is very supportable. Because of that we want to have a very strong impact fee at this point in case it is tested. We have been told tndL the capacity of the infrastructure that we have now can handle up to the floor area ratio of 1.72 because that has been contemplated before in the Comprehen- sive Plan. Because of that, and because the impact fee can only be applied to the impact created by this project, and cannot be used to pay back from the past... Mr. Plummer: I understand that. Mr. Rodriguez:...we believe in these three areas of the City, we have enough information, enough projections that can be defensed. Mr. Plummer: I am sorry, I did not want to discuss this on the first issu- ance. What he is really saying to you, is that this is the first step, and you live to fight the equity portion with me in three months. Mr. Rodriguez: And I support it! Ms. Burton: That is a problem - that is really a problem! It is hard for me to understand how a building that is 1.0 F.A.R. is not going to impact on roads, on sewer... Mr. Plummer: We are going to address that. This is their recommendation, and we are going to address it Citywide in three months. Mr. Rodriguez: We recognize it does, but... Mrs. Burton: Okay, let's take that as granted. Let's say that that happens. The next problem is this - when I look at the impact fee calculations, particularly for commercials, because there are three sub -areas. There was a small amount for transportation for commercial, and the rest of the three- quarters of the impact fee was for parks. Somebody has to convince me now commercial generates three-quarters of an impact fee, which is a large amount - 75 percent of the fee goes for parks. A residential use generates a park need, a school need, and a road need. Commercial generates an enormous amount of transportation, possibly a little water and sewer, maybe a little bit for parks, but the way it seems very lopsided to me. I don't understand that, and neither does my membership. That needs to be taken a look at. Mr. Plummer: Well, I hope you are making a list, so that you can answer these on second reading. Mr. Rodriguez: I can answer it now. Mr. Odio: He can answer that right now. Mr. Plummer: We weren't going to discuss it now. Mrs. Burton: Yes, I heard answers to that yesterday with David and Joe, and I didn't get. Mr. Rodriguez: OK. Mrs. Burton: Third, there seems to be is very open ended section in two sentences that state that plans could be stamped for possible future impact fee to be assessed. There is no number that tells me what impact fee is going ' to be assessed. It doesn't tell me that there is going to be. It is a very open ended, and a very scary thing! Fourth, impact fees should not be allowed to play catchup. If you have infrastructure that have not been put in, that I think is appropriate for a bond issue, than again, the main question is 186 February 13, 1986 equity. If it is going to be paid, everyone should pay their proportionate fair share. Mayor Suarez: I think, not only should we hove all of that by the next hearing, we should have all of that in some kind of a written memo for me to even consider voting in favor of this. I am concerned that we are spending a lot of money to try and convince people to locate in Dade County and tnr City of Miami, on the one hand, to create an incentive for them to build here, and on the other nand, we are imposing an impact fee that is a disincentive, and it seems like, you know, we are going counter -purposes here, and I have no idea what the fees are, really, that are comtemplated, I don't know what they work out to be. Mr. Carollo: Why don't we defer it? Mr. Rodriguez: There is a requirement. Mayor Suarez: I will definitely entertain a motion to defer. Mr. Carollo: All right, I will withdraw my second, or the motion. I don't know which one I made, but anyway, at this point in time, I will make a motion to defer. Mayor Suarez: Do we have a pending motion? We lost Plummer in the process here. Ms. Hirai: You nave made the motion, Commissioner. Mr. Carollo: OK, so I withdraw it, and I make a new one for deferment. Mayor Suarez: We hive a motion to defer. I don't want to deprive Commis- sioner Plummer, who seems to be most interested in this, so maybe we will take the vote in a couple of minutes. 59. FIRST READING ORDINANCE: REGISTRATION OF LOBBYISTS. Mayor Suarez: Let's have item 96 quickly, because I nave a feeling it could be quick. Mr. Plummer: Tnat is Joe Carollo's. Mr. Carollo: Lucia, can you read the ordinance that we have drafted and nds been passed as a survey today, on 96 please? ... for first reading. Mrs. Dougherty: Yes, sir, Commissioner Carollo. (NOTE: AT THIS POINT CITY ATTORNEY READS HEREINBELOW ORDINANCE INTO PUBLIC RECORD). Essentially, this requires anybody who is taking any of those actions who is being paid in a lobbying capacity, whether they are lawyers or anybody else, from registering, detailing, how much compensation, and how they spend the money that is... Mr. Plummer: Does that mean a lawyer has to expose his fee? Mrs. Dougherty: Yes, sir. Mr. Plummer: Even if he is just representing a client? Mrs. Dougherty: That's right. Mr. Plummer: Ha, ha, na! Mayor Suarez: I personally could not be more in favor of sometning tndn this particular item, but I do nave a couple of legal questions and clarifications, and that was one of them. Is that going to follow the Supreme Court of tnt State of Florida regulating what lawyers can and cannot do? r f 187 February 13, 1986 Mrs. Dougherty: This follows the State statute. Mr. Carollo: You guys are not above the law. You are just like everybody else! Mayor Suarez: I've never agreed with the fact that we function under a whole different system, frankly, as a matter of policy, but I just want to make sure we don't do something illegal here. Mrs. Dougherty: There is no case on It; however, this does follow the State law, with respect to lobbyists in Tallahassee. South Miami has... Mayor Suarez: It does follow State law? Mrs. Dougherty: Yes. Mayor Suarez: I'd love nothing more than to know how much other lawyers make, in particular, matters that come before us, actually, but, I just wanted to make sure. How about people who are not... Mrs. Dougherty: I totally agree with you. There is a potential challenge, and the Commissioners ought to know this, because, the Supreme Court. Mr. Plummer: No one will ever challenge that! That is motherhood! Mrs. Dougherty: All right! Mr. Plummer: It would have to be a dirty, rotten, sneaky thief who would challenge that ordinance! Mrs. Dougherty: A lawyer ain't a thief. Mr. Plummer: I didn't say it could be other than a lawyer, but a sleezbag! Mayor Suarez: He doesn't know it but ne is referring to a large enough class, so that they could never file a libel suit against tnem, because it applies to all lawyers. How about Southern Bell, F.P. L., people like that, who have employees that come and... Mr. Carollo: Absolutely! Mayor Suarez:... discuss items with us? Mr. Carollo: Absolutely, they have got to file as lobbyists too. Mrs. Dougherty: Yes, they would have to register as well. Mayor Suarez: You are for uniformity, aren't you? Fairness Wnat about people who are not paid - civic activists, community activists, and so on? Mrs. Dougherty: If they are not paid, and if they are representing them- selves, it is not required. Mayor Suarez: Well, not just themselves. They could be representing a civic association, can they? Can they not? Mrs. Dougherty: Under the reading of this, they have to be non -compensated, and they must be representing themselves. Mayor Suarez: So Pat Skubish, and Grace Rockefeller, and Ann Marie Adker... Mr. Plummer: Would have to be paid lobbyists. Mayor Suarez: I hope we could ... you know, and if this is your intention ... r-" is it your intention to include people that are not paid, or are just civic activists, and so on? Mr. Carollo: No, no, the intention, as it was made clear, is to... d Mayor Suarez: Can we suggest a modification along those lines, or, at least t" rN. for the second reading? 14" 188 February 13, 1986 Mr. Carollo:... include people that are paid lobbyists. Mayor Suarez: Do we exclude unpaid lobbyists? I mean, civic activists and people like that? Just the forms they are going to have to fill out... Mr. Plummer: Please don't! Include them all. Mayor Suarez: Yes, I mean... Mr. Plummer: Hey, you walk in my office - "You don't snow me your license, I can't talk to you!" How about unions? How about unions? Mr. Carollo: We could... Mr. Plummer: No, no! They are not excluded. They are lobbyists. God, if anybody is a lobbyist, in this town! Mr. Carollo: Let's gu witn the ordinance on first reading. We will nave time to modify some errors for the second reading. At least the... Mayor Suarez: OK, those would be two cnings that I want to consider really - unpaid people, and units who are collective bargaining units that come under all kinds of otner... Mr. Carollo: Well, those areas, I think, are open for modification. Mr. Plummer: Call the roll. Mayor Suarez: OK, witn those reservations in mind, at least, from my own perspective, for the next reading, call the roll, please. Ms. Hirai: Mr. Mayor, I need a second on the motion. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR DEFINITIONS OF LOBBYIST AND PRINCIPAL; REQUIRING THE REGISTRATION OF LOBBYIST ON CERTAIN FORriS, REQUIRING QUARTERLY REPORTING OF RECEIPTS, EXPENDITURES, AND SOURCES OF FUNDS OF ALL PERSONS EMPLOYED OR RETAINED BY PRINCIPALS SEEKING TO ENCOURAGE THE PASSAGE, DEFEAT, OR MODIFICATION OF ANY ORDINANCE, RESOLUTION, ACTION OR DECISION OF THE CITY COMMISSION OR SEEKING TO ENCOURAGE PASSAGE, DEFEAT OR MODIFICATION? OF ANY ACTION, DECISION. RECOMMENDATION OF ANY BOARD, COMMITTEE, CITY MANAGER OR THEIR RE- SPECTIVE STAFF, PROVIDING EXCEPTIONS FOR PERSONS IN THEIR INDIVIDUAL CAPACITY OF SELF -REPRESENTATION WITHOUT COMPENSATION OR REIMBURSEMENT; PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo 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. *NOTE: Althougn absent at roll call, Vice -Mayor Dawkins later asked of the Clerk to be shown voting with the motion. 189 February 13, 1986 i 3 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 60. PEOPLE WHO APPEAR BEFORE THE. COMMISSION MAY BE PUT UNDER OATH. Mr. Plummer: Can we reinstitute that everybody that comes before this Commis- sion has to be sworn under oath? We did that for a while, and I tell you, it worked, very, very well. Mayor Suarez: A lot less lying, IS that what you are telling us? Mr. Plummer: That is why I think I will ask a motion be drawn at this time, that City Attorney be instructed to bring back before this Commission, the people testifying before this Commission, be placed under oath, in particular- ly on zoning matters. Mayor Suarez: You know, I think if you were going to do that, from my per- spective, it might make more sense to do it on matters like zoning matters, where typically we hear from technicians or property owners that are asking for certain things, and not just a general thing, because to have everyone to be sworn in here who comes to talk about anything, would be a bit much, but I have no problem with the preparation of any kind of a... Mr. Plummer: I offer that in the form of a motion. Mrs. Kennedy: Second it. Mayor Suarez: It has been moved and seconded, and thirded, and everything else! Mr. Carollo: I call the five day rule on it. Mr. Plummer: What? Mr. Carollo: I invoke the five day rule on it! Mr. Plummer: Fine, we will do it at the next meeting. Mrs. Dougherty: Mr. Mayor, wanted just to clarify... Mayor Suarez: Yes, at this point, what we are doing is having something drafted. Are you serious that you want this drafted? Mr. Carollo: That's all we want to do. Mr. Plummer: If they are going to draft it for the next meeting, that is f ine . Mayor Suarez: OK, that is all we are doing. Mr. Carollo: That is all we want to do, draft for the next meeting, study it... Mayor Suarez: We are just making them work a little more. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-140 A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK APPRO- PRIATE LEGISLATION IN ORDER THAT PEOPLE WHO APPEAR BEFORE THE CITY COMMISSION MAY BE PUT UNDER OATH, PARTICULARLY IN ZONING MATTERS. 190 February 13, 1986 Upon being seconded by Commissioner Kennedy, the moLion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. ON ROLL CALL: Mr. Carullo: "Yes", and I recommend that we buy the City Clark a larger bible. Mayor Suarez: I am going to vote "no" on that. I don't even chink we need Lo draft that. Mrs. Dougherty: Mr. Mayor, I just wanted to... (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: I hope we have official immunity from libei suiLs against us some of the statements that have been made around here. . .. .......... .......... 61. REFER TO MANAGER MATTER OF FIRE DEPARTMENT UNIONS. Mr. Plummer: Mr. Mayor, I would like to bring up at this time... as we know, it has been long drawn out union negotiations. Fire Department has gone to a special master. I would like to offer a motion at this time, if nothing is worked ouL between now and the 27th of the month, that the matters be brought before the Commission. Mr. Odio: Oh, oh, excuse me. What do you mean? The special master has to rule, and he won't be ruling until the end of March, so there is no way we can... Mayor Suarez: They have invoked the special master. Mr. Plummer: It still doesn't preclude our hearing the matter. Mr. Odio: Well, then you are precluding the special master. Mr. Plummer: No, not necessarily. Mr. Odio: OK! Mayor Suarez: Does the fact that the procedure has been invoked preclude us from considering it, during the meantime, Madam City Attorney? Mr. Plummer: If that is illegal, I am sorry. Mayor Suarez: That is what I am asking. . Mr. Odio: I don't think it is illegal. I don't know... Mr. Plummer: I don't see how it can be. The master's recommendation is not binding upon us, whatever he recommends. Mr. Od io : Why did we go to the special master, then, it you going to rule before they hear them?. Mayor Suarez: They invoked the special maSLCr. They should nave to wait t # until the special master gives a recommendation, don't you think? That f doesn't preclude the other unions that didn't go to a special master. Mr. Odio: That's right. 191 February 13, 1986 n s Mr. Plummer: I will tell you what. Let's schedule it. It doesn't necessdri- ly mean we have got to hear it. Mayor Suarez: As far as I am concerned, you don't even have to make thdt into a motion. Anything you request to be scheduled for the next meeting will be so scheduled, including that item, whim I... Mr. Plummer: If there is no objection. Mr. Odio: March 13th? Mr. Plummer: No, the ... well okay, the 13th. I'm sorry, we are trying to hold it all to zoning. The next regular Commission meeting. Mayor Suarez: I would suggest as a friendly amendment, or suggestion, that we don't include those who have sought the special master, and include the other ones. Mr. Plummer: No, got to treat them all fair. Mayor Suarez: You want them all together. Mr. Plummer: You have got to treat them all fair. Mayor Suarez: Might put them in an interesting situation, through, wanting to... Mr. Plummer: Well, but you see, the others have not gone to the master. Tney have not invoked that, just the Fire Department. Mayor Suarez: Right. Mr. Plummer: So, you know,.that doesn't hold water that you are going to hear the Police, and Sanitation, and you are not going to near the other, because they didn't invoke the master, and tnen you are going to have the others invoking the master, and this damn thing is going to go on forever! i Mayor Suarez: No, the others may want us to handle their petition. Mr. Plummer: Well, I am just making a motion, a simple motion! Mayor Suarez: Yes, all we are doing is scheduling it, at this point. Mr. Plummer: That if the matter is not resolved prior to the meeting of the 13th, that it be brought before the Commission. Mr. Odio: Well, I can inform you right now that it will not be resolved! Mr. Plummer: I don't want you to travel with that attitude. Mr. Odio: No, sir, because we have to whit... Mr. Plummer: You can settle with the police , there is no special master. You can settle with Sanitation. Mr. Odio: Oh, I am talking about the Fire Department. Mr. Plummer: I thought it was Sanitation. Mr. Odio: No, no. I am talking to the Fire Department only. Mayor Suarez: You don't even need to make it into a motion. I will see to it that we have this matter on the agenda for full discussion at the... " Mr. Plummer: March 13th. Mayor Suarez:... March 13tn Commission meeting. Mr. Plummer: Not the Zoning. Is 192 February 13, 1986 Mayor Suarez: I think we are all pretty desperate to get this resolved, and I am not sure how it affects those that have sought the special master, but I believe we are going to consider all of yuu, from the... Mr. Don Teems: OK, Mr. Chairman, it doesn't affect you one way or the utner. You are not affected by the special master ruling, good, bad, or otherwise, and you can do anything you want, anytime. Mayor Suarez: Well... Mr. Odio: Yes, but the difference is, we will not be negotiating w1Cn you, until we hear from the special master. Mr. Teems : No, Mr. Manager, the specific d irec L ions of the special mas Ler was for us to do that - to negotiate between now and the time he renders d decision. Mayor Suarez: OK, so we are going along with the special master then, even as to the Fire Fighters. 62. GRANT WINE/BEER PERMIT AND CLOSURE OF STREETS FOR KIWANIS CLUB OF LITTLE HAVANA "PASEO". Mayor Suarez: We have personal appearance - very quickly, Calle Ocho, Carni- val Miami - that is not your item though. You have got a couple of others that we will try to get to as quickly as we possibly can. Mr. Odio: Yes sir, they withdrew their request, and all they are asking, is that we pass a resolution granting permission to sell beer and wine in coanec- tion with the event "Paseo" to be held on March 2nd on Flagler Street and S.W. 1st Street, between 17Ln and 22nd Avenue. Mr. Plummer: So moved. Mr. Odio: And the closure of the streets, of course. Mayor Sudrez: It has been moved, do we have a second? Mr. Kennedy: Is Lhdt Calle Ocho? Mayor Suarez: Moved and seconded. Please second. Give me a second. Gave me a minute? I need a second on that motion. Mr. Plummer: I moved it. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. Please call the roll on it, hearing no further discussion from the Commission. The following resolution was introduced by Commissioner Plummer, wnu moved its adoption: RESOLUTION NO. 86-141 A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF THE KIWANIS CLUB OF LITTLE HAVANA TO SELL BEER AND WIND FOR A ONE DAY PERIOD IN CONNECTION WITH CAR- NIVAL MIAMI'S PASEO TO BE HELD MARCH 2, 1986 ON WEST FLAGLER STREET AND S.W. FIRST STREET; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW. (Here follows body of resolution, omitted nere and on file in the office of the City Clerk.) 34 193 February 13, 1986 �Y i i Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Comm issiuner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carolio 63. DAVID PLUMMER TO PROVIDE TECHNICAL SERVICES IN PREPARATION OF A DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION. Mayor Suarez: Let me take up item 61 and 62. I see Willy has been waiting all day on these. Mr. Sergio Rodriguez: Item 61 is an item tndt was approved previously to do d D.R.I. for downtown and the... Mayor Suarez: No, we need to have them... Mr. Rodriguez: We need somebody to approve the selection of the consultant that hds already been selected, and the contract tnat had been negotiated already. Mayor Suarez: This is the famous downtown D.R.I. that we got through the South Florida Regional Planning Council, unanimously, as incredible as tndt may seem? And we need to put this out to a consultant? We can't do this in house, right? Mr. Rodriguez: Derinitely. Mayor Suarez: All right. We're authorizing the City Manager to execute the negotiated agreement in a form already negotiated, in a form acceptable to the City Attorney between the City of Miami and David Plummer and Associates, Inc." David Plummer, and Associates. Mr. Rodriguez: This is David Plummer and Associates, William, Russell and Johnson, and Bermello, Kurki and Vera. This is for downtown D.R.I. The other one you are talking about... Mr. Dawkins: This is the people.... I mean we're going to hire all of them. Mr. Rodriguez: Right. Mr. Dawkins: Move it. Mayor Suarez: It has been moved, do we have a second? Mrs. Kennedy: Second. We are Just ratifying what we did in June, correct? Mr. Rodriguez: They have already been selected. This is a contract to pay them. Mayor Suarez: Right. It is moved and seconded. Commissioner Kennedy second- ed, right? Item 61, approving your relative David Plummer to... Mr. Plummer: I wish! Mr. Rodriguez: D.R.I. he was already selected by you. It is Just the COLI- tract tnat we have been negotiating now before you. Mayor Suarez: Yes, we had previously agreed to the essential terms. This is just authorizing the execution of a negotiated agreement. It has been moved and seconded. Any further discussion from the Commission? Please, call the roll. 4 194 February 13, 1986 7 1 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-142 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 DAVID PLUMMER AND ASSOCIATES, INC. TO PROVIDE NECESSARY PROFESSIONAL AND TECHNICAL SERVICES TO ASSIST IN PREPARATION OF A DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL AND SUBSEQUENT DEVELOPMENT ORDER, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH SERVICES. (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 NOES: None. ABSTAINED: Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: MAYOR SUAREZ ASKED LATER TO BE SHOWN AS ABSTAINING ON THIS MOTION. SEE EXPLANATION AFTER RESOLUTION 85-143 SHOWN HEREINBELOW. 64. "ECONOMIC STUDY OF THE MIAMI RIVER" BY ZUCHELLI HUNTER AND ASSOCIATES. Mayor Suarez: Now, item 62, I see the say the name of Laventhol and Horwatn. Mr. Plummer: No way! Mayor Suarez: It seems to create problems every time around here. Mr. Dawkins: Move it. Move it. Mr. Plummer: No way! No, they will give me a subsidy on the Miami River! Mayor Suarez: On item 62, who is the recommended provider? Mr. Rodriguez: There are three groups that have been recommended by the Manager, as being the top three consultants. Chesapeake Group includes also Urban Information... Mr. Plummer: I move Lhc Cheseapeake Group. Mr. Dawkins: Who are they, and where do cney come from? Mr. Rodriguez: From Maryland,.and they have as subconsultancs, Urban Informa- tion Associates, Albert Ptrez, Associates, and Metric Engineering. Number two, or second one... Mayor Suarez: Is this a ranking? Mr. Rodriguez: No, there is no ranking here. Mayor Suarez: There is no ranking. Mr. Dawkins: What minorities do they nave on their board? Y ; 195 February 13, 1986 I I Mr. Rodriguez: Beg your pardon? Mr. Dawkins: What minorities do they have? Mr. Rodriguez: Al Perez is a Latin minority, and Metric Engineering is Latin minority owned. The other one is Laventhol and Hurwath, and its subconsultant is Patricia Mellerson, female Black minority, and the Roma Architect. The third one is Zuchelli Hunter and Associates, and subconsultant is Bermello, Kurki and Vera, which is Latin minority. Mr. Dawkins: The first one had what kind of minority? Mr. Rodriguez: The first one is two Latins, the Chesapeake Group. Mr. Dawkins: Two Latins. Mrs. Kennedy: Is that your second choice? Mayor Suarez: Do we have any preferences among the three? Mr. Dawkins: J.L. just nominated somebody. Mr. Plummer: I just took the first one, Chesapeake Group. Mayor Suarez: But, you are not ranking tnese. We could take any of the three, right? Mr. Plummer: No, we are ranking them. Mrs. Kennedy: Excuse me, my question is, is that the second choice? Mr. Odio: No, we are not! Mr. Plummer: We are not? I am sorry, we are not ranking them. Mr. Rodriguez: The recommendation from the City Manager is these are the top three ranking firms. Mr. Dawkins: All right, I will go with Chesapeake. Mr. Plummer: The Chesapeake? Mrs. Kennedy: Yes, we need d ... Mr. Plummer: Move it. Mayor Suarez: Do you wish to be heard? I think we have one representative, one of the three here. Does the Commission want to hear from him? You just got your chance for about 45 seconds. Mr. Willy Bermello: Mr. Mayor and Commissioners, I have nothing to say, all three firms are very qualified, but I can only speak for myself. I was interested enough to stay until this late night, because I am interested in the project, but I obviously defer to your choice. Mr. Plummer: Wait a minute. Are you Zuchelli? Mr. Bermello: My firm is associated with Zuchelli and Hunter. Zuchelli and Hunter is presently finishing an economic analysis for downtown Miami, and they are really the foremost economists in the country. Mr. Plummer: Excuse me, and Chesapeake is from where? Mr. Odio: Maryland. Mr. Plummer: I am sorry, I will back up. Give it to local people. I am going to change my motion. Give it to the local people, Zuchelli and Hunter. Mayor Suarez: Sergio, what? I am sorry, you hdve that doubtful look on your face. It worries me. Any look on your face worries me, actually, but... 196 February 13, 1986 Mr. Rodriguez: They are all from Maryland. Thank you, sir. All the three firms are very good choices, but I want to clarify that for the record that Chesapeake Group is from Maryland and Zuchelli Hunter Associates is also from Maryland. Mr. Plummer: No, this man is from Miami. Mr. Rodriguez: He is the subconsultant. I just want to make sure you know what you're doing. Mr. Dawkins: Who is the subconsultant With the others? Mr. Rodriguez: For Cneseapeake Group is Al Perez - Alberto Perez, the Metric Engineering, which are Latin minority owned and then urban Information... Mayor Suarez: They are local people? Mr. Rodriguez: Lucal. Mrs. Kennedy: They are all local people, but I don't know Al Perez. I ndd worked with Willy Bermello for many years. I know his professional work very well, so I move to give it to Gucnelli Hunter and Associates. Mr. Dawkins: I am going to vote with it, but I get tired of Bermello getting all the business and nobody else don't get any. Mr. Plummer: Yes. Mayor Suarez: One last time just to be absolutely sure before we voLe. Do we have any representatives or subconsultants (I never even heard the term before) from any of the other groups here? Mayor Suarez: I just realized, the middle one! Ms. Middle one. I am from the first group, obviously that is not being recommended. I sat through the whole ...J. L., I understand your concerns. I would like to get the job. I understand what yuu are saying. I have heard of your concerns with Ldventnal. I would still ask to get the job, but I did not at this time, I would like to come back to you in some other capacity, and I would like to be given that opportunity to work for you in some capacity, whatever that migtic be. Mayor Suarez: And not in another life! Ms. Not in another life, and very soon! Mayor Suarez: Fair enough. Thank you. Do I hear any motions from this Commission than? Do we have one pending? Mrs. Kennedy: I made - I moved. Mayor Suarez: For Zuchelli? To clarify for the record, I think the reference is to Zuchelli Hunter and Associates. It has been moved. Do we have a second? It has been seconded. Any further discussion from the Commission? Please call the roll. 197 February 13, 1986 F; The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-I43 A RESOLUTION BASED UPON THE RECOMMENDATIONS OF THE CITY MANAGER AND THE SELECTION COMMITTEE CONCERNING CONSULTANT SELECTION FOR THE PREPARATION OF AN "ECONOMIC STUDY OF THE MIAMI RIVER"; CHOOSING THE NAME OF ONE OF THE MOST QUALI- FIED PROVIDERS: THE CHESAPEAKE GROUP; LAVENTHOL AND HORWATH, OR ZUCHELLI HUNTER AND ASSOCIATES; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE CITY COMMISSION'S CHOICE; AND FURTHER INSTRUCTING THE CITY MANAGER TO SUBMIT THE NEGOTIATED AGREEMENT TO THE COrDIISSION FOR APPROVAL PRIOR TO EXECUTION THEREOF. (Here follows body of resolution, omitted nere 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. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: None. ABSTAINED: Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo Mayor Suarez: As in the past, let me clarify for the record, I have a brJtner who works for Willy Bermello. Does tnat create a conflict for me? Mr. Dawkins: Yes. Mr. Plummer: For sure. Mayor Suarez: You told me in the past that it does not, as long as I don't have any financial interests. Mrs. Dougherty: Yes, but your direct relatives may not have a financial interest either. Let me just check the law. Mayor Suarez: Reflect an abstention. Mrs. Dougherty: Very good. Mayor Suarez: Thank you. Let me make one last clarification. Willy, is your company directly involved in item 61? Snould I reflect an abstention on tnat also, please? Will it still pass, or do we have to redo it? What was the vote on item 61? Ms. Hirai: It does, Mr. Mayor. Mayor Suarez: Assuming your interpretation that I must abstain on 62, I must also abstain on item 61. 198 February 13, 1986 65. RELOCATION OF THE "PINE HEIGHTS PARK: AS REQUESTED BY OPHTHALMOLOGY RESEARCH FOUNDATION AND SOUTH FLORIDA BLOOD SERVICE FOR JOINT REPLATTING OF "MEDICAL SUBDIVISION". Mr. Plummer: Mr. Mayor, I am informed that d lady is here on item 79 in the audience. It is probably one of the last of the items of the public. I am told by the Administration that this is to the City's benefit. Mayor Suarez: Which item? I'm sorry. Mr. Plummer: 79. This is swapping one piece of land for something... Mr. Odiu: We certainly recommend this, Commissioners. Mr. Plummer: Why do you recommend it, quickly. Mr. Odio: The relocation of Pine is desired, because it would provide more usable facilities. We nave... if you would go anedd ad explain It to him. Mr. George Campbell: Well, right now, the existing Pine Island Park is about 8,400 square feet. It is nog well maintained. It is backwater. You have a copy, I believe, of the tentative plat in your files, sir. Mr. Plummer: Where is this? Mr. Campbell: This is up between 15tn Street and 17th Street, 8th Avenue. Mr. Plummer: By Highland Park? Mr. Campbell: Up by Highland Park. Mr. Plummer: OK, what are we swapping for what? Mayor Suarez: We are getting a lot more land, are we not, than we had? Mr. Dawkins: No, we are not. Mayor Suarez: Why do I keep seeing people shaking their heads, "yes", and then an emphatic Commissioner shaking his head and saying "no"? Who is right? Ms. Patricia Fletcher: Let me introduce myself. I am Patricia Fletcher, and I am an attorney with Mershon Sawyer, and I represent Ophthalmology Research Foundation and the South Florida Blood Service. The research foundation is associated with Bascom Palmer and the blood service. Mayor Suarez: That all sounds very nice, but what we need to know, is are we getting more land than what we nad? Ms. Fletcher: Yes. Mr. Dawkins: Where? Mayor Suarez: Can you show it to Commissioner Ddwkios and myself so we can be convinced, and anyone else who is interested. Mr. Dawkins: Where is the other map you came to me with? Mr. Campbell: They are giving us 11,000. Mr. Odio: Sir, they had 1,100 square fret, and we are getting 11,000. They are also agreeing to maintain the park in perpetuity. Mr. Dawkins: Put the map up there that I am interested in, please. Mayor Suarez: Yes, you kind of switched on us there, the oue I saw! Mr. Dawkins: OK, now, I said that little spot right above the land tnat nas been , that spot right in tnere should go with the bottom land, or we give up sometning. sk- 199 February 13, 1986 . I # Mayor Suarez: There is a comparison, by the way, that you told us, just to clarify, is approximately 1,000 square feet. Ms. Fletcher: This is 8,400. Mayor Suarez: 8,400. Ms. Fletcher: This is 11,000. Mayor Suarez: To 11,000, so we are... Ms. Fletcher: Plus this landscape buffer. Mr. Dawkins: OK, the landscape was not set off to (INAUDIBLE NOT USING MICROPHONE) I keep telling you that! Ms. Fletcher: I know, but the park is 8,400, and what you are getting as 11,000, plus you are getting... Mr. Dawkins: No, you arc giving me 20 feet in here, and you are taking 20 feet out there. I don't care about ... you care about the inside, I don't care about the outside. Mr. Fletcher: This is 8,400... Mr. Dawkins: Are you going to give up that piece down there? All right, I will defer it until they can come and see me, please. Mr. Campbell: May I clarify something, Commissioner? Mayor Suarez: Yes, go ahead. Mr. Campbell: The strip that was mentioned, along the edge, there, is addi- tional right of way, which is being required. The right of way for 4tn Avenue was zoned 40 feet, and we, the Department have required an additional 20 feet for right of way along there, which will be landscaped. Mr. Plummer: Yes, but that is their obligation to do. Mr. Campbell: Not really, no, sir, because... Mr. Plummer: Well, it is not our obligation to move the park, either. Mr. Campbell: That's true. Mr. Fletcher: My understanding is that Commissioner Dawkins would like tnis piece right here. It is about 2,500 square feet. We are willing to add an additional 2,500 square felt to the park, although this particular shape wouldn't be very good for our development plan. Mr. Dawkins: Would it be good for my park? It would not be. Ms. Fletcher: No, the same number of square feet. Mr. Dawkins: Where? Mayor Suarez: Where would you give it to us? Ms. Fletcher: Just straight across the top. Mayor Suarez: Straight across the top? Which would make that portion thick- er? Ms. Fletcher: Yes, in other words, what Commissioner Dawkins wants... Mayor Suarez: We could play baseball on it. Ms. Fletcher:... is this little piece here, and we are saying we will give you the exact same number of square feet, but straignt nere. 200 February 13, 1986 Mayor Suarez: Same size, but all the way across. Why don't you draw it on here. Mr. Dawkins: You can't take it all the wdy across, because we are closing up the street is already mine. You are not giving me anything! The street is already mint! Mayor Suarez: She is giving you a total of 2,500 more feet, not including chc street, right? Ms. Fletcher: Fine. Mayor Suarez: Not including the street? Ms. Fletcher: Fine, no problem. Mayor Suarez: Want to draw it on here real quick, so we can all see what it looks like. Just put a little dotted line across there, more or less, where it might go. We like things as pictorially obvious as possible, here. Now we can play baseball there. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: Can't play baseball there? Mr. Dawkins: I move it. Mayor Suarez: It has been moved. Do we have a second? Please second it, someone! Ms. Fletcher: We need the Commissioner, according to the Legal Department, and the Public Works Department, we need the Commission to make a motion approving our plans to relocate the public park before we can go through with the vacation and relocation proceedings. Mayor Suarez: That is what we art doing, isn't it? Ms. Fletcher: OK, I just wanted to make sure. Mr. Campbell: You are giving approval to this so that they can get... Mayor Suarez: But, now that we have a new configuration, that will be includ- ed also in the motion as requested by Commissioner Dawkins. We have a motion. Do we nave a second? Mr. Plummer: Yes, sir. Mayor Suarez: It has been moved and seconded. Hearing no further discussion from the Commission, Call the roll, please. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-144 A MOTION ACCEPTING A REQUEST SUBMITTED BY THE OPHTHALMOLO- GY RESEARCH FOUNDATION INC. AND THE SOUTH FLORIDA BLOOD SERVICE FOR JOINT REPLATTING OF THEIR PROPERTIES (TENTA- TIVE PLAT "MEDICAL SUBDIVISION") FURTHER ACCEPTING THEIR PROPOSAL WHICH CONTEMPLATES CLOSURE OF SEVERAL STREETS AND THE RELOCATION OF THE "PINE HEIGHTS PARK" FROM THE CENTER OF THE AREA TO THE SOUTH END OF THE PROPERTY, WITH CER- TAIN PROVISOS. Upon bring seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 201 February 13, 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 66. LITIGATION WITH MIAMI HERALD Mayor Suarez: Item 49 is a settlement with the Miami Herald. Mr. Plummer: Mr. Mayor, on item 49, I have met with the people. I don't know if the others nave had the opportunity, and based on that, I had written into the settlement that nothing herein contained modified or expanded the present state law. That then became agreeable to me, and if anyone else is in ac- cord, I would move item 49 be approved. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. Oy, it has been moved and seconded. Any further discussion from the Commission? Hearing none, please call the roll. ( TAPE 19 ) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-145 A RESOLUTION AUTHORIZING AND APPROVING THE SETTLEMENT STIPULATION ON BEHALF OF THE CITY IN U.S. DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 84-2918-CIV-KING, THE LITIGATION FILED BY THE MIAMI HERALD PUBLISHING COMPA- NY AGAINST THE CITY OF MIAMI AND THEN MAYOR MAURICE A. FERRE AND CERTAIN AIDES OF THE MAYOR, FURTHER PROVIDING FOR THE PAYMENT OF ATTORNEY'S FEES IN SAID LITIGATION. (Here follows body of resolution, omitted here and on file in the Oft ice 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 67. SUPPORT GWEN MARGOLIS BILL IN STATE LEGISLATURE TO CHANGE D.D.A. MILLAGE. Mayor Suarez: Item 91. Mr. Plummer: I think Senator Gwen Margolis is going to introduce the legisla- tion in Tallahassee to revert the D.D.A. and its funding back to the old conception statewide. This is to ask this Commission to support tnat action that she is going to present to this session of the legislature. I so move. Mayor Suarez: It has been moved. 202 February 13, 1986 �y Mrs. Kennedy: Second. Mayon Suarez: Seconded. Any furtheL discussion? Please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-146 A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT THE ATTACHED AMENDMENT TO SECTION 200.001, FLORIDA STATUTES, WHICH AMENDMENT SETS FORTH THE CRITERIA FOR CERTAIN DOWN- TOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS INDE- PENDENT SPECIAL DISTRICTS. i (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 68. RESCHEDULE COMMISSION MEETING OF FEBRUARY 27TH TO START AT 2:00 P.M. Mayor Suarez: Any items that absolutely nave to be handled? Mr. Odio: Yes, changing the next meeting to 2:00 P.M. in the afternoon - the resolution. Mayor Suarez: We have a resolution. I don't think anyone would disagree witn that. Mr. Plummer: So moved. Mayor Suarez: It has been moved, do we have a second? We would meet at 2:00 P.M. instead of 9:00 A.M., at the next meeting. We nave a motion, do we have a second, please, meeting at 2:00 P.M., as opposed to 9:00 A.M. Mr. Dawkins: Seconded. Mayor Suarez: Moved and seconded. Any further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-147 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M. TO TAKE PLACE ON FEBRUARY 27, 1986, AT 2:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon bring seconded by Commissioner Dawkins, the resolution was passed and adopted by the following VOLe- 203 February 13, 1986 Z is r,. AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Cdrollo NOTE FOR THE RECORD: DEFER ITEM 60 (MIAMI CAPITAL IMPROVEMENT PROGRAM. 69. AMEND AGREEMENT WITH HAITIAN TASK FORCE, INCREASE FUNDS. ------------------------------------------------------------------------------ Mayor Suarez: Item 50. Mr. Dawkins: So moved. Mayor Suarez: Item 50 has been moved. Do we have a second? Mr. Plummer: Item 50? Yes, I second the motion. Mayor Suarez: Item 50 has been moved and seconded. Any discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-148 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE APRIL 25, 1985 CONTRACT WITH THE HAITIAN TASK FORCE, INCREASING THE AMOUNT OF FUNDS PROVIDED UNDER ITS FISCAL YEAR 1985-86 NEIGHBORHOOD ECONOMIC DEVELOPMENT CONTRACT IN AN AMOUNT NOT TO EXCEED $29,164, WITH ADDITIONAL FUNDS ALLOCATED THEREFOR FROM 6TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FUNDS; FURTHER PROVIDING FOR THE EXTENSION OF THE EXPIRATION DATE OF SAID CONTRACT FROM FEBRUARY 28, 1986 TO JUNE 30, 1986, FOR THE PURPOSE OF AUGMENTING THE CONTRACTOR'S OPERATION TO PROVIDE CONTIN- UED ECONOMIC DEVELOPMENT SERVICES TO THE LITTLE HAITI COMMERCIAL NEIGHBORHOOD AREA. (Herr follows body of resolution, omitted ncrc and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, tnt resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Millar J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 204 February 13, 1986 70. PURCHASE TWO PARCELS OF LAND WITHIN OVERTOWN. ------------------------------------------------------------------------------ Mr. Odio: Item 55, we must buy that property, so we can build the arena. Mr. Dawkins: Move item 55. Mr. Plummer: What parcel is that? Mr. Schwartz: This is the Davis Hotel. It is on the arend site, on block 44. We need to buy that now so we can start relocating people out of the hotel. It is a hard relocation. Mrs. Kennedy: Second. Mayor Suarez: We have a motion. It has been moved and seconded. Any furtncr discussion from the Commission. Call the roll, please. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-149 •de A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO PARCELS OF LAND LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AT A NEGOTIATED VALUE WITH CLOSING BONUSES SET AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY COMMISSION; AND FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF OPINIONS OF TITLE. (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 a►. NOES: None. ABSENT: Commissioner Joe Carollo THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:01 P.M. ATTEST: Matty Hirai CITY CLERK Xavier L. Suarez M A Y 0 R * lNCONp uk.\TEI) O !B 96 205 CI'E'Y F I".AMI DOCUMENT MEETING DATE FEBRUARY 13, 1986 --- COMMISSION RM IEVAI DOCUMENT IDENTIFICATION ACTION AND CODE NO. CLAIM SETTLEMENT: MINNA BENSON #13,000.00 86-74 CONCERN ABOUT 8TH ANNUAL COCONUT GROVE BED 86-75 RACE, (MAY 18, 1986). CLOSE CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC AND ALLOW TO SELL BEER/WINE FOR ONE DAY PERIOD; ETC... CONCERN ABOUT THE MIAMI MAGIC CELEBRATION 86-76 BY JUNIOR LEAGUE OF MIAMI. PLACE: DOWNTOWN MIAMI. DATE: APRIL 19, 1986. CLOSE CERTAIN STREET TO THROUGH VEHICULAR TRAFFIC AND RELAX LIMITATIONS ON THE DISPLAY OF FIREWORK UNTIL 12:00 MIDNIGHT, ON SAME DATE. RELAX TIME LIMITATIONS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT (FEBRUARY 16, 1986) FOR THE MIAMI FILM FESTIVAL. ACCEPT BID OF AVIS RENT - A - CAR TO FURNISH THIRTY FIVE FULL SIZE RENTAL VEHICLE (POLICE DEPARTMENT) ($171,780.00) ACCEPT BID OF RIGHT SAFETY WARE TO FURNISH VITON & BUTYL ACID ENCAPSULATED SUITS (DEPT. OF FIRE, RESCUE AND INSPECTION SERVICES) ($15,319.88). ACCEPT BID OF J & L FEED & SUPPLY CO. ($31,830.12) AND HECTOR SUPPLY CO. ($679.25) TO FURNISH ANIMAL FEED AND SUPPLEMENTS (DEPT. ' 01, POLICE - MOUNTED PATROL HORSES AND CANINE UNITS); ETC.... ACCEPT BID OF AGRI - VET INTERNATIONAL KNOWLES ($4,880.69); ANIMAL HOSPITAL ($1,092.00); NORDEN LABS ($1,074.84); AND PARAMEX ($67.50) TO FURNISH FIRST AID TYPE SUPPLIES AND SPECIAL- IZED GROOMING SUPPLIES (POLICE HORSES AND DOG UNITS). 86-77 86-79 now !DOCU�IENTIiVDEX CONTINUED DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION AND CODE NO. ACCEPT BID OF STARDUST JANITORIAL TO FURNISH 86-82 CUSTODIAL SERVICES AT MANUEL ARTIME CONNUNITY CENTER ($22,734.60). ACCEPT BID OF VALLE/AXELBERD & ASSOCIATES 96-83 TO FURNISH PSYCHOLOGICAL SERVICES TO THE DEPARTMENT OF POLICE ($82,000.00) ACCEPT BID OF HEAVY EQUIPMENT TO THE DEPART- 86-84 MENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY VARIOUS DEPARTMENTS ($28,174.12). ACCEPT BID OF JIM PEACOCK DODGE, INC. TO 86-85 PURCHASE FROM ABOVE SUPPLIES 78 VEHICLES FOR USE BY THE POLICE DEPARTMENT ($773,459.70). ACCEPT BID OF B.K. MARINE CONSTRUCTION, 86-86 BASE BID OF THE PROPOSAL FOR WAINWRIGHT PARK - BULKHEAD REPAIRS (SECOND BIDDING) ($31,150.00). ACCEPT BID OF LANZO CONSTRUCTION CO. FOR CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMENT N.W. 47 AVENUE ($265,191.00). DACLARE CLOSED AND ABANDONED FOREVER CERTAIN UNNAMED UNDEDICATED UNIMPROVED AND NEVER USED STREETS SHOWN ON PLAT ON "ROBERT'S SUBDIVISION OF TWO ACRES" PLAT BOOK "A" PAGE 21. ACCEPT COMPLETED WORK OF COMMUNITY ASPHALT CORPORATION ($599,029.24) FOR CITY WIDE RESURFACING PROJECT - WYNWOOD/OVERTOWN/PARK WEST B-4499. ACCEPT COMPLETED WORK OF TARGET CONSTRUCTION COMPANY ($189,154.83) CITY HALL - CONFERENCE ROOM. APPROVE COVENANT TO RUN WITH THE LAND PROF- FERED BY BEBER - SILVERSTAIN - & PARTNERS FOR NON-STANDARD CONTRUCTION IN PUBLIC RIGHT OF WAY. :. : 86-91 :. • DOCUIIiIENTIiVDEX . CONTINUED COMMISSION RETRIEVAL DOCUMENT IDENTIFICATION ACTION AND CODE NO. AUTHORIZE ISSUANCE OF A SECOND DUPLICATE 86-93 LIEN SALE CERTIFICATE TO REPLACE A DUPLICATE LIEN SALE CERTIFICATE NO. 215 DATED MAY 26, 1982. FORMALIZE MOTION NO.86-19 (JANUARY 9, 1.986), 8Ei-94 AMNEND RESOLUTION NO. 85,1099 (OCTOBER 24, 1985), INCREASE ALLOCATION TO $35,000. TO COCONUT GROVE VIRRICK GYM YOUTH BOXING PRO- GRAM & AUTHORIZE AGREEMENT WITH SAID FIRM. MIAMI CITY COMMISSION, CITY OF OPA-LOCKA AND DADE COUNTY ARE INVITING THE NATIONAL CONFERENCE OF BLACK MAYORS TO BOLD ITS ANNUAL CONFERENCE IN DADE COUNTY (APRIL, 1987). SUPPORT 1988 PUBLIC WORKS PROGRAM OF THE STATE OF FLORIDA DEPARTMENT OF' ENVIROMENTAL REGULATION. AUTHORIZE CITY MANAGER TO SUBMIT SPECIFIC PROJECTS AND TO SEEK FINANCIAL ASSISTANCE FROM UNITED STATES ARMY CORPS OF' ENGINEERS. AMEND SECTION 1 OF RESOLUTION NO. 85-473 (MAY 9, 1985), ALLOCATE $50,000.00 TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC. AMEND PERIOD FROM JUNE 1, 1985 - MAY 31, 1986 TO JULY 1, 1985 - JUNE 30, 1986. AUTHORIZE TO EXECUTE A CONTRACT WITH GLADYS KIDD AND ASSOCIATES, INC./NIKKI BEARE AND ASSOCIATES, INC., A JOINT VENTURE FOR PRO- FESSIONAL PUBLIC RELATIONS/MARKETTING SERVICES FOR PHASE I OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT ($115,500.). AUTHORIZE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH HOPE PRE-SCHOOL, INC. (PRE- SCHOOL AND DAY CARE FACILITY AT 7561 NE 1 AVENUE). ACCEPT THE PROPOSAL Of-' DURBIN, PARKS AND SAVEL TO LEASE AND OPERATE THE MIAMI SPRING COUNTRY CLUB DRIVING RANGE AND PRO SHOP FACILITY, AND AUTHORIZE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT. 86-95 86-97 86-98 86-99 96-100 DOCU�IENTIiVDEX CONTINUED DOCUMENT IDENTIFICATION APPROVE/AUTHORIZE THE ACQUISITION BY WAY OF PURCHASE OR CONDEMNATION OF' LAND BETWEEN N.E. 69TH STREET AND N.E. 71ST STREET ON BISCAYNE BAY (DESCRIBED IN THE ATTACHED EXHIBIT "A" ) TO BE USED I'OR PARK AND/OR MARINA PURPOSES. AUTHORIZE CITY MANAGER TO EXECUTE ATTACHED AGREEMENT WITH THE STATE OF FLORIDA, DEPART- MENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, RELATIVE TO THE CERTIFIED LOCAL GOVERNMENT PROGRAM, TO PARTI- CIPATE IN THE FEDERAL HISTORIC PRESERVATION PROGRAM. ORDER ALLAPATTAH HIGHWAY IMPROVEMENT PHASE II H-4507; ETC... ORDER N.W. 8TH STREET ROAD HIGHWAY IMPROVE- MENT H-4520; ETC... DESIGNATE THE COPELAND COMPANIES AS A CO - ADMINISTRATOR OF THE CITY OF MIAMI'S DE- FERRED COMPENSATION PLAN. ENDORS THE CONCEPT OF ASSIST THE HAITIAN COMMUNITY AND COOPERATE TO IDENTIFY FUNDING SOURCES TO OBTAIN FUNDS MEDICINES WICH ARE NEEDED IN HAITI ON ACCOUNT OF THE PRESENT POLITICAL UNREST IN THAT COUNTRY AUTHORIZE/DIRECT CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH INDIAN, RIVER INVESTMENTS OF MIAMI, INC. FOR PARCEL 46 OF SOUTHEAST OVERTOWN PARK WEST REDEVELOP- MENT. ACCEPT BID OF WILLIAMS PAVING CO., INC. ($1,523,336.52) FOR DOWNTOWN HIGHWAY IMPROVE- MENT - PHASE I. AND CODE 86-101 86-102 86-103 86-104 86-106 86-111 :, DOCUMENTlINDEX CONTINUED DOCUMENT IDENTIFICATION I COACTIOION RETRIEVAL ACTION AND CODE N0. ACCEPT BID OF MIRI CONSTRUCTION, INC. ($556,414.91) BID "A" FOR BUENA VISTA HIGHWAY IMPROVEMENT - PHASE II I3-4506; ETC... ACCEPT BID OF M. VILA & ASSOCIATES, INC. ($627,975.89) BID "B" FOR BUENA VISTA HIGH- WAY IMPROVEMENT -PHASE II I3-4506. WAIVE PROHIBITION AGAINST TRANSACTION OF CITY BUSINESS WITH FORMER EMPLOYEE LEAVING WITHIN 2 YEARS, SUCH PROHIBITION APPLIES TO HOWARD V. GARY. RESCIND RESOLUTION NO. 85-1045 (OCTOBER 10, 1985) ORDERING ROADS AREA HIGHWAY IM- PROVEMENT - PHASE I H-4513 AS PER REQUEST OF CITIZENS IN AREA. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF AUBURN SANITARY SEWER IMPROVEMENT IN AUGURS SENITARY SEWER IMPROVEMENT DISTRICT SR-5475-C (CENTERLINE SEWER). CONFIRM SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR KIRKLAND SANITARY SEWER IMPROVEMENT IN KIRKLAND SANITAY SEWER IMPROVEMENT DIS- TRICT SR-5478-C (CENTERLINE SEWER). CLOSE N.W. 7TH STREET TO VEHICULAR TRAFFIC BETWEEN N.W. 1 COURT AND N.W. 3 AVENUE TO ALLOW CONSTRUCTION OF PEDESTRIAN MALL AS PART OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. AUTHORIZE TO NEGOTIATE AN AGREEMENT WITH MIAMI CENTER ASSOCIATES TO CONVERT APPROXIMA- TELY 36,000 SQUARE FEET OF FACILITIES AT JAMES L. KNIGHT INTERNATIONAL CENTER TO USE THIS SPACE AS AN EXHIBITION FACILI- TY FOR THE CENTER AND DOWNTOWN AREA HOTELS. APPROVE IN PRINCIPLE CITY HOUSING CONSERVA- TION AND DEVELOPMENT AGENCY. 86-1.12 86-113 86-114 86-115 86-116 86-117 86-118 86-120 86-124 r ENDEXI� CONTINUED DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION AND CODE NO. NAME PARADISE POINT MINI PARK, AT 2900 86-129 N.W. SOUTH RIVER DRIVE, THE "MIAMI RIVER RAPIDS MINI PARK". DESIGNATE THE MIAMI GRAND PRIX RACING EVENTS 86-130 AS BEING FOR A PUBLIC PURPOSE. CONCERN ABOUT MARCH OF DIMES "WALKAMERICA" 86-131 (MARCH 22, 1986) AND FOR CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC. FURTHER, ALLOW THE USE OF PEACOCK PARK AND PERMIT DISPENSE OF BEER/WINE FOR UDAY PERIOD IN CONNECTION WITH SAID EVENT. GRANT REQUEST OF BUONICONTI FAMILY/FRIENDS TO HOLD A FUNDRAISING EVENT AT PEACOCK PARK (MARCH 1, 1986), ALLOW A PERMIT TO SELL BEER/WINE (ONE DAY PERIOD) IN CONNECTION WITH THIS EVENT. AMEND SECTION 1 OF RESOLUTION NO. 84-962 AND APPROVE THE SUBSTITUTION OF MISS BLACK COLLEGIATE PAGEANT (19860 IN PLACE OF MISS TEENAGE U.S.A. PAGEANT ($65,000.00). DESIGNATE COMMISSIONER JOE CAROLLO AND VICE -MAYOR MILLER J. DAWKINS AS OFFICIAL DELEGATES OF THE CITY COMMISSION TO THE 1986 "MISS BLACK COLLEGIATE PAGEANT". AUTHORIZE TO ENTER INTO AN AGREEMENT WITH NORTHEAST MIAMI CHAMBER OF COMMERCE (NEMCC), INC. FOR A LOAN ($165,000.) TO ASSIST IN THE PURCHASE/REHABILITATION OF COMMERCIAL PROPERTY AT 232 - 248 N.E. 79TH STREET/7821 N.E. 2ND AVENUE. GRANT A TEMPORARY PERMIT BY REQUEST OF THE KIWANIS CLUB OF LITTLE HAVANA TO SELL BEER/WINE IN CONNECTION WITH CARNAVAL MIAMI'S PASEO (MARCH 2, 1986) ON WEST F'LAGLER STREET AND S.W. FIRST STREET. AUTHORIZE TO EXECUTE THE NEGOTIATED AGREEMENT WITH DAVID PLUMMER AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL AND TECHNICAL SERVI- CES TO ASSIST IN PREPARATION OF A DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION. 86-132 86-134 86-135 86-141 86-142 D000UMENTINDEX CONTINUED DOCUMENT IDENTIFICATION AUTHORIZE TO EXECUTE TIIE NEGO`I'IA`I'ED AGRI,;E- MENT WITH DAVID PLUMMER AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICES TO ASSIST IN PREPARATION OF A DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION. PREPARE AN "ECONOMIC STUDY OF THE MIAMI RIVER". CHOOSE THE NAME OF ONE OF' THE MOST QUALIFIED PROVIDERS: Till;' CHESAPEAKE GROUP; LAVENTHOL & IIORWATH; OR ZUCHELLI HUNTER & ASSOC. AUTHORIZE/APPROVE SETTLEMENT STIPULATION (DISTRICT COURT SOUTHERN DISTRICT OF FLORI- DA CASE NO. 84-2918-CIV-KING) THE LITIGA- TION FILED BY THE MIAMI HERALD PUBLISHING CO. URGE FLORIDA LEGISTATURE TO ADOPT AMENDMENT TO SECTION 200.001 OF FLORIDA STATUTES WICH SETS FORTH THE CRITERIA FOR CERTAIN DOWNTOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS INDEPENDENT SPECIAL DISTRICTS. RESCHEDULE THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M. TO TAKE PLACE ON FEBRUARY 27, 1986 AT 2:00 P.M. AUTHORIZE CITY MANAGER/CITY ATTORNEY TO EXECUTE AN AMENDMENT TO THE APRIL 25, 1985 CONTRACT WITH THE HAITIAN TASK FORCE INCREASING THE AMOUNT OF FUNDS UNDER ITS FISCAL YEAIR 1985-86 ($29,164.00). AU`PIiORIZI; CITY MANAGER TO PURCHASE TWO PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST OVF.RTOWN/PARK WEST REDEVELOPMENT AREA. CTIO 86-142 86-143 86-145 86-146 86-147 86-148 NO. 1DOCUM, ENTimiNDEX CONTINUED DOCUMENT IDENTIFICATION AUTHORIZE TO EXECUTE THE NEGOTIATED AGREE- MENT WITH DAVID PLUMMER AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICES TO ASSIST IN PREPARATION OF A DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION. PREPARE AN "ECONOMIC STUDY OF THE MIAMI RIVER" . CHOOSE THE NAME OF ONE OF THE MOST QUALIFIED PROVIDERS: THE CHESAPEAKE' GROUP; LAVENTHOL & HORWATH; OR ZUCHELLI HUNTER & ASSOC. AUTHORIZE/APPROVE SETTLEMENT STIPULATION (DISTRICT COURT SOUTHERN DISTRICT OF' FLORI- DA CASE NO. 84-2918-CIV-KING) THE LITIGA- TION FILED BY THE MIAMI HERALD PUBLISHING CO. URGE FLORIDA LEGISTATURE TO ADOPT AMENDMENT TO SECTION 200.001 OF FLORIDA STATUTES WICH SETS FORTH THE CRITERIA FOR CERTAIN DOWNTOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS INDEPENDENT SPECIAL DISTRICTS. RESCHEDULE THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 27, 1986 AT 9:00 A.M. TO TAKE PLACE ON FEBRUARY 27, 1986 AT 2:00 P.M. AUTHORIZE CITY MANAGER/CITY ATTORNEY TO EXECUTE AN AMENDMENT TO THE APRIL 25, 1985 CONTRACT WITH THE HAITIAN TASK FORCE INCREASING THE AMOUNT OF FUNDS UNDER ITS FISCAL YEAR 1985-86 ($29,164.00). AUTHORIZE CITY MANAGER TO PURCHASE TWO PARCEL OF' LAND LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA. TION N 86-142 86-143 86-145 86-146 86-147 86-1.48 86-149 L