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HomeMy WebLinkAboutCC 1986-01-09 Minutes0 �1 ,,:•`�' rr �.� fit' h , OF MEETING NE.t� ON JANUARY 9, 1986 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL s i 1 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JANUARY 9, 1986 LEGISLATION PAGE ITEM SUBJECT NO. NO. 1 MAKING MARTIN LUTHER KING, JR.'S M 86-1 1/9/86 1-5 BIRTHDAY, JAN 20, A PAID HOLIDAY FOR CITY EMPLOYEES FOR 1986 ONLY (See label # ) — 5-12 2 CONSENT AGENDA 2.1 CLAIM SETTLEMENT - ELIO TANG, JR• R/8686 6 $6,500.00. . 2.2 CLAIM SETTLEMENT _ LORECASENZO &NOLE8IA 1/9/86 6 CABRERA, CIRCUIT COURT 3 11973 - $22,735.00. 2.3 CORRECT SCRIVENER'S ERROR IN R 84- R 86-4 1/9/86 6 884 - MAUDE NEWBOLD, CODE ENFORCE- MENT BOARD, TERM ENDING FEBRUARY 10, 1986. 1 2.4 GRANT REQUEST OF LA LIGA CONTRA EL R 86-5 1/9/86 7 1 CANCER TO SELL BEER & WINE AT FESTI— ' VAL FEBRUARY 7, 8 & 9 ON WATSON ISLAND. 2.5 ACCEPT COMPLETED WORK OF MURTON FOR R 86-6 1/9/86 7 ROOFING CORP. - EXHIBITION20,833•50 COCONUT GROVE CENTER MEZZANINE ROOF REPLACEMENT. 2 •6 ELE BUPPLYC 1/9/86 7 S CO -LIGHTMAFIXTURESRICAL AND LAMP POSTS - $27,124.00. LAMP 2.7 BID ACCEPTANCE - A. J.OUSE, N.W.N 1/9/86 7 FOR DEMOLITION OF WAREH 65 9TH STREET - $25,000. 2.8 ACCEPT 14 DEEDS OF DEDICATION FOR R/9�86 8 HIGHWAY PURPOSES. 2.9 CONFIRMELECTIONOF A. G. SHERMAN SERVICE 1/9/860 8 AND RAY ENLAND TO CIVIL AP BOARD. - 2.10 FORTH COMENSATIBENEFITS AND 1/9/86 1 8 EMOLUMENTS OF CESARONODIO AS CITY MANAGER. - 3 REDUCED FEES FOR ANNUAL NORTH -SOUTH R/886-11 8-9 GOLF TOURNAMENT. 4 A --ACCEPT BID: MAN -CON, INC. FOR R 86-13.1 R 86-13.2 10-12 I CITYWIDE SANITARY SEWER REPLACEMENT DRIVE.B--ACCEPT 1/9/86 PROJECT- NORTH RIVER BID: RIC-MAN INTERNATIONAL, INC. FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT- DOWNTOWN PHASE II. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 It SELECTION OF WALTER FOEMAN AS ASSIS- TANT CITY CLERK DISCUSSION OF DOWNTOWN FACILITIES AUTHORITY (MERGE OFF STREET PARKING AUTHORITY AND D.D.A.) DISCUSSION REGARDING ORANGE BOWL FACILITY; SELECTION OF MEMBERS FOR THE ORANGE BOWL COMMITTEE. PRESENTATION, PROCLAMATIONS, SPECIAL ITEMS. 11 SETTING PUBLIC T HEARING FOR R-F-P- DEVELOPMENT REGARDING UNIFIED PROJECT FOR THE MARINE STADIUM. BEGIN R.F.P. PROCESS REGARDING EXHIBITION HALL FACILITY - FEASIBIL- ITY STUDY - SCHEDULE PUBLIC HEARING. OPEN, READ BIDS TMounOFMENTSYWI NE WSANI- TARY AVE/B-5521. R 86-14 1/9/86 DISCUSSION 1/9/86 12-13 13-16 DISCUSSION 16-20 1/9/86 PRESENTED 20-23 1/9/86 M 86-15 23-25 1/9/86 M 86-16 25-36 1/9/86 OPEN, READ BIDS FOR DOWNTOWN HIGHWAY IMPROVEMENTS- PHASE I/B-4498. DISCUSSION REGARDING DELAYS IN ROAD CONSTRUCTION PROJECTS. DISCUSSION REGARDING POLICE SUBSTA- TIONS. BRIEF COMMENTS REGARDING IMPACT FEES. DISCUSSION REGARDING ITEMS 16-20: ADMINISTRATIVE CHANGES, CREAT- ING/CHANGING CITY DEPARTMENTS (See label #17). EMERGENCY ORDINANCE: CREATE DEPART- MENT OF COMMUNICATION. CHANGE NAME OF "BUILDING AND VEHICLE MAINTENANCE DEPARTMENT" TO "GENERAL SERVICES ADMINISTRATION DEPARTMENT". CREATE NEW DEPARTMENT OF PUBLIC FACILITIES (Passed as emergency, but later reconsidered; see label #22) CREATE DEPT. OF INTERNAAL AUDITS (passed as emergency, buE changed into first reading) CHANGE NAME OF HUMAN RESOURCES DEPARTMENT TO PERSONNEL MANAGEMENT DEPT. (Passed as emergency, but later changed into first reading. A --RECONSIDERATION OF PREVIOUSLY PASSED ORDINANCE CREATING ($PARTee ENT OF PUBLIC FACILITIES. #19) B--EMERGENCY ORDINANCE: CREATING DEPARTMENT OF PUBLIC FACILITIES. FIRST READING ORD.: AMEND 9743, "PARK DEVELOPMENT FUND". M 86-17.1 36-37 1/9/86 M 86-17 .2 1/9/86 DISCUSSION 1/9/86 DISCUSSION 1/9/86 DISCUSSION 1/9/86 DISCUSSION 1/9/86 10067 1/9/86 10068 1/9/86 37-38 38-41 42-46 46-47 47-51 52-53 53-54 SEE LABEL 54-55 #22 1/9/86 FIRST 55-56 READING 1/9/86 FIRST 56-59 READING 1/9/86 M 86-18 59-60 10069 1/9/86 FIRST 60-62 READING 1/9/86 24 25 26 27 28 29 ON 31 32 33 34 35 36 37 38 39 40 41 • FIRST READING ORD.: AllENr CODE: "STREETS AND SIDEWALKS 0 FIRST READING ORD.: ESTABLISH USE FEE ($75) FOR EMERGENCY MEDICAL TRANSPORTATION. BRIEF COMMENTS REGARDING HOMELESS INDIVIDUALS IN MIAMI. GRANT COCONUT GROVE CARES, INC. WAIVER OF FEE AT COCONUT GROVE EXHIBITION CENTER FOR ANTIQUE SHOW - AUTHORIZE AGREEMENT WITH E.N. FRIEND 6 CO. FOR ACTUARIAL ASSIS- TANCE IN PENSION MATTERS. CONTINUE ITEM ACCEPTING PROPOSAL S OF HEDGPETH AND GALLAGHER, AND J. M. QUINLIVAN, REAL ESTATE APPRAISALS. APPROVE USE OF FLAGAMI PARK FOR SOCIAL/NUTRITIONAL SERVICES TO AREA RESIDENTS. FINDING CERTAIN PARK RENOVATION PROJECTS TO BE EMERGENCY PROJECTS. ACCEPT COMPREHENSIVE TRAFFIC STUDY OF COCONUT GROVE. CONTINUE ITEM ACCEPTING "ECONOMIC STUDY OF THE MIAMI RIVER". APPROVE CONTRACT WITH DIAZ- SECKINGER & ASSOC., INC. FOR A RIGHT OF WAY CONDITION SURVEY AND STREET MAINTENANCE WORK PROGRAM AND BUDGET. ACCEPT BID: M. VILA AND ASSOC., INC. FOR LOCAL DRAINAGE PROJECT E- 55. APPOINTMENTS TO HEALTH FACILITIES AUTHORITY: GUSTAVO BARREIRA, OLGA COSIO, CHARLES GOTTLIEB. DISCUSSION REGARDING (A) MARI- NA/PARK SITE; (B) FLORIDA POWER AND LIGHT LINES; AND (C) POLICE MINI -STATIONS. DISCUSSION REGARDING PARKING IN DOWNTOWN LOADING ZONES. APPOINTMENTS TO CODE ENFORCEMENT BOARD; PAT SKUBISH & MAUD NEWBOLD. PUBLIC HEARING REGARDING CITYWIDE HIGHWAY IMPROVEMENT - PHASE III. PUBLIC HEARING: PERMIT FLEETA M. MOORE, POLICE EMPLOYEE, TO PARTICI- PATE IN HOME RENOVATION PROGRAM. FIRST 62-63 READING 1/9/86 FIRST 63-66 READING 1/9/86 DISCUSSION 66-67 1/9/86 M 86-19 68-70 1/9/86 R 86-20 70-72 1/9/86 MOTION 72-73 1/9/86 R 86-21 73-77 1/9/86 R 86-22 77-78 1/9/86 R 86-23 78-79 1/9/86 M 86-24 79-81 1/9/86 R 86-25 82 1/9/86 R 86-26 83-84 1/9/86 R 86-27 84-86 1/9/86 DISCUSSION 86-95 1/9/86 DISCUSSION 95-97 1/9/86 R 86-28 97-98 1/9/86 R 86-30 98-99 1/9/86 R 86-30 99-100 1/9/86 0 lOO 42 FORMALIZATION BIRTHDAY- OF MARTIN HOLIDAY HFORKING JAN R/9�861 JR. BIRTHD 20, 1986 ONLY (See label #I)• 43 SUPPORT OF HOST COMMITTEE'S EFFORTS M 86-32 101 TO BRING INTERNATIONAL I 1988SISTER CITY 1/9/86 COUNCIL TO MIAMI REPUBLICAN AND M 86-33 44 OFFICIALLY INVITING 101-102 DEMOCRATIC CONVENTIONS TO COME TO 1/9/86 MIAMI IN 1988- 45 CESAR ODIO DESIGNATED AS MIAMI"S R/86864 102 REPRESENTATIVE TO BEACON COUNCIL. MINJTES OF REGULAR MEET ING OF THE CITY 007 MISSION OF MIAMI, FLORIDA On the 9th day of January, 1986, the City CcnTnission of Mia-ni, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:02 o'clock A.M. by Mayor Xavier Suarez with the following members of the Cannission found to be present: czmni.ssioner J. L. Plummer, Jr. czmnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk ABSENT: Commissioner Joe Carollo An invocation was delivered by Mayor Xavier Suarez who then led those present in a pledge of allegiance to the flag. 1. MAKING MARTIN UMIER KING, JR.'S BIRTHDAY, JAN. 20, A PAID HOLIDAY FOR CITY EMPIAYEES FOR 1986 ONLY. (SEE LABEL #42). Mr. Dawkins: Mr. Mayor, I have one personal item here. This is the second year that I have attempted to get the Martin Luther King birthday declared a holiday by the City of Miami. As you are aware, Dade County does it and we have a bargaining agency, the S.E.A., Sanitary Worker's Union, who gave up benefits in order to have that. So, I would like to make a motion for this year - and this year only; we declare January 20th an official holiday for the employees of the City of Miami. And the reason I say, before I make the motion, for this year only, it does not preclude the bargaining agencies getting with the Manager to determine whether they want their particular agent - union or what have you, whether they want to accept it or not. I do not want to take that liberty away from the Manager. So I'll only ask that it be done for this year and that the Manager cane back with whatever he works out for the following year. Mrs. Kennedy: Mr. Mayor, I'd like to second that rmtion and under discussion let me say that there are things that can be measured in dollars and many other things that we really can't put a value on and this is an issue that we have today before us. It is too true the City of Miami has had financial difficulties and we have to cane to grips with it but I think that the City's _ most valuable resource is its people and too often in the past we have mea- sured things along racial and ethnic lines and forgot to mention the people and by doing so we have failed to bring this community together. The decision of Martin Luther King's birthday, I was told it might cost the City about $163,000 but the value of our giving one third of our citizens cannot be really measured in dollars and cents. Today I think with a favorable vote we are telling our black brothers and sisters that the City Coamission where the majority of its people are from Cuban origin and are not black, understands their pride in honoring a great man. So I am grateful to have the opportunity to show that one does not need to be of any ethnic group to recognize feelings and the needs of our ccmnunity. . 1 January 9, 1986 RT Mr. plunmer: Can I ask a recmTw-ndation of the Manager? Mr. Dawkins: Beg Your pardon? Mr. plaTmr : Ask the recaIrnendation of the Manager . Mayor Suarez: Do you have any recamlendation, Cesar, one way or the other? Mr. odio: No, sir. Mayor Suarez: Is that estimate a fair estimate, the one that Canmissioner Kennedy stated, $160,000? Mr. odio: $163,000 is right on the nose. Mr. plurmier: That is only because of the fact that Sanitation already has it, it would be like $240,000 if ... the only thing that irritates me here is the t,,r. , Dawkins: But you See benef its for the day. That' s why I' m only mating Sanitation workers gave up else don't want to forgo a benefit then they it for one day. And if anybody penalize everybody let's be fair and square don't get it. I mean lets don't. penal I don't krx�a' Howard Wh here. See, the SanitaGary only tion workers, and ly OneS who gave up some accepted that one, the Sanitation workers are the s birthday in the City of benefits in order to observe Martin LutheKlinggoing' to give him a year for Miami. So that's why I'm telling the Managerstaff is going to be off, I them to decide what they want to do. But my don't care what we do. Mayor Suarez: Does that mean that in effect they world be getting one less holiday than everyone else if we approve this? Mr. Dawkins: No. Mayor Suarez: They-d be getting one more? Mr. plwupr• No, it is what they negotiated for, Xavier. y eg Mr. odio: They negotiated some benefits in exchange for that holiday. Mr. plum er: Each one of then, if I'm not mistaken, has what, eleven paid holidays? Mr. odio: Yes. Mayor Suarez: So at this point they have all the same number. Mr. Dawkins: They have 10 and the sanitation workers have 11 but they gave up benefits for the llth day. Mr. pl=rer: It is a balancing act. Mayor Suarez: There are all kinds of ... r I just want to say that is a policy decision on your �' �1O' , Mr. � mayor � u tell us to do. part. we'll do whatever yo I will Mayor Suarez: Well, I don't know w nwe're asaconfronted with this to vote On this giniti initiative say, Commissioner, Dawkins► that when tion was I wish we had more time to oonsidt� re or idea yesterday my first reacour next Commission Meeting is past the holiday, he and then realizing o ahead and take a vote on it. The I wasn't much you can do but to g t of Solid arrount of money involved, the implications vis-a-vis the Departmen Waste, etc. would have been some interesting to consider but I guess we u have made the notion I'm not going to be an obstructionist cant and since yo y le who are on this one. It would be useful, Obviously in t ethi.s topleaseg a us core interested in our taking action on something time to consider it. Mr. plummer: Mr. Mayor, I'm not going to invoke the rule but I am going to ask for an hour to think about it. • January 9, 1986 W Mr. Dawkins: Well, Mr. Plurmrper, I was going to say that had this passed I was going to have the Law Department to bring me back a resolution to be read this afternoon and one for the two times to make it official. If it doesn't pass I have no problem with it. I've been on the losing side of a 3 - 2 vote damned near ever since I've been up here so it is nothing new. Mr. plumper: Well, if we're going to make a motion to bring it back in a resolution I'll go ahead and vote for it and then I can have the time to think about it. Mayor Suarez: In effect we're approving it. Mr. plumper: This goes with the understanding that in the labor negotiations which presently are going on , that the employees have already received a benefit of the $163,000. I mean that is on the balancing scale. Mr. Dawkins: I have no problem with that, Commissioner. Mr. Plus rpr: I mean that is the intent of the motion. Mr. Dawkins: Yes. Mr. Plumper: That is understood. Mr, Dawkins: And that is why I have only asked for it for this time, J. L., so that we do not lock the Manager in. Mr. Plummer: All right, as long as it is understood, Mr. Odio, as long as it is understood that it is for a one year period (A), (B) that the employees es other than Sanitation have already received a benefit in the equivalent of $163,000 on the City's side of negotiations I'll vote for the motion. Mrs. Kennedy: That's the understanding. Mr. Plummer: Well, in other words, what I'm saying is that that is going to be a credit for the City in negotiations of $163,000 when we go back to the table. I'll vote for the motion. Mayor Suarez: Of course, we're deciding that unilaterally withouoon- sultation of the unions but that just reflects our particular perspective. Mr. Plunmmer: No, I think it is fair, let's ask the unions, the heads are here. Mr. Teens, would you like to canTent on behalf of the Fire Department and maybe Mr. Kenny. Hello Mr. Kenny, would you like to comment on behalf of the Police Department? You heard the eamments. Mr. Don Teams: Martin Luther King 's Birthday is on the table, it has been on the )-able since April with the City of Miami for Fire. The City has not agreed to give us that holiday to this point. In fact, we're going to special master and that is one of the issues. So you're taking part of the collective = bargaining agreement saying that you agree with that, I assume you're going to be seeing the whole package somewhere towards the end of the month. Mr. Plummer: But you have no objections to this motion as passed? Mr. Teems: Tell me the motion. Mr. plummer : The motion is (A) that it is he a oirnit of $ holiday ant (is o ly it is part of the City's negotiation to the Fire and Police and G.E.A. that is benefiting by it. Mr. Teems: So you're saying from the administration's side or the Commis- sion's side that as far as you're concerned you're going to give this but then You're going to direct the Manager to say that is part of the contract negoti- ations as total dollars - that is your prerogative. Mr. Plummer: Okay. You have no objection to it. i Mr. Teems: Will you give me it in same other place? You haven't offered me anything yet. 3 January 9, 1986 RT Mr. Plum,rrs: I didn't make this motion. Mrs. Kennedy: Do you want an hour to think about it? Mr. Dick Kinney: For the record, Dick Kinney for the F.O.P.. As Ton Teems told this Cannission, it is on the table. It is part of the bargaining, we've been bargaining or trying to attempt to bargain since the first of May of last year and any time the City wants to be benevolent and give us something we'll sure look at it... Mr. Dawkins: That has to work both ways now. Ok? Mr. Kinney: Granted, Umnissioner, it is on the table and we're going to bargain for it. Mr. Dawkins: But I have to help J. L., see, J. L. said that benevolency can't just swing one way all the time. Mr. Kinney: I realize that. Thank you. Mayor Suarez: When you say it has been on the bargaining table, Dick, does that mean that it has been a request of the union? Mr. Kinney: Yes, sir. Mr. Dawkins: That's why we didn't have it before, they wouldn't accept it. Mayor Suarez: Bill, do you want to comment on it? I know that it affects Sanitation workers, in one sense it doesn't affect them and in another sense it affects them mre than anyone else. In one sense it doesn't affect you because of the fact that you have this holiday and in another sense it affects you more than anybody because of the consequences it may have in terms of what additional benefits you would have been entitled to so I think our motion as stated would not affect your rights to additional benefits. I think that is a fair way to state it. Mr. Dawkins: What it is is that I said that the only bargaining agency to accept Martin Luther "Is birthday, I mean observe it, is the Sanitation workers. I also said that Howard Gary extracted benefits from the S.E.A. in order to give them that date and the other unions, since we're into it, the other bargaining agencies did not want to give up what Howard Gary was ex- tracting for that benefit so they did not have it. Am I right or wrong? Well, you go ahead and tell us how it happened. Mr. Bill Smith: No, you're right, that's exactly how it happened, Ccmmis- sioner. However, it is part of our contract that that is a holiday and we have no problem with it, however, if somebody else is going to get that day then we're going to demand that we get something in exchange since we gave up something for it and nobody else did. Mayor Suarez: You have already negotiated this in the past on the basis of some other concessions, presumably so you would be entitled to additional negotiations. Mr. Smith: Yes, sir. Mr. Plummer: Well, what I'm saying, just for the record and make it clear, obviously the other unions did not feel the significance or the importance of this holiday and did not give up something else for it, they took something else. Now, what I'm saying is is that if we do give this holiday citywide they are cognizant and recognize that in the bargaining table that we are expecting to understand that $163,000 contribution, in effect, has been made by the City to this negotiation. And Don, I'm not trying to negotiate any- thing here. Mr. Teens: I know, I just want to clarify the record as far as firefighters are concerned. Okay? The City of Miami has never ever offered us Martin Luther King's birthday in lieu of any other benefit, never. We had it on the table two years ago, we could not get it, S.E.A. was able to get it when they negotiated which we appreciate on their part and they wanted it maybe harder than we did. Okay? But we were never ever offered Martin Luther King's birthday in lieu of anything including this time. , RT 4 January 9, 1986 I Mr. 1u�R-n?�. Well, I don't want to stand here and argue all day ► the two, you got more long. Okay? to negotiate gut wwhen we look at then do. the starting Your starting pad of pay is at 24, their's is at 17. So there is with than a big difference. They didn't pay,they took the loss of it. You took pay. Please, I togetakknto Mr. ins: well, you're doing it. You know. We both rive a tail board. Okay? 7hat's it. We both ride a tail board. Mayor Suarez: we have a motion on the floor, any further discussion? Call the roll. The preceding motion introduced by cnm-Lissioner Dawkins and seconded by Cannissioner Kennedy was passed and adopted by the following vote - AYE: Ccnrdssioner Joe Carollo* CaT issioner J. L. Plutwr..r, Jr. C mnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. SAID NiMON MS DESIQNMW I+1M N IAA. 86-1. SEE LATER FORMALIZING RESOLUTION No. 86-31. *Note: CcnTllissioner Carollo, although absent on roll call, later asked to be shown as voting with the motion. Mr. Dawkins: I'd also like to make a motion that the City At ornneyandtha eparee this in resolution form with the concerns of everyone up heredraft resolution be in the hands of the Commissioners before - in the next two hours because we're going to try to go through this and get out of here and I'd like for us to have it back so that we could consider it at the last item en the agenda. We can put all the things in it Camnissioner Plumper said and be sure that you put in there that this is for one year only and that the Manager has the right to negotiate for further. Mayor Suarez: We don't need that in the form of a motion, I think the Chair will ask the City Attorney to have that ready for us within two hours and we will reconsider it at whatever time you deem adequate, Commissioner. It could be the last item. 2. CONSENT AGENDA. Mayor Suarez: I just want to see on the Consent Agenda if we have too many items that have to be pulled out to see if we can get that done and then we'll go back to items A through G, discussion items. Mr. Dawkins: Pull 6, 7, 8, 10. Mayor Suarez: 6, 7, 8 & 10. Mr. Plummer: I have nothing to pull. Mrs. Kennedy: I have nothing to pull either. Mayor Suarez: I'd like to pull item 5. With those pulled out, can you ... Mr. Dawkins: Move the Consent Agenda. Mayor Suarez: CcMnissioner Dawkins moved the Consent Agenda. Do we have a second? Mrs. Kennedy: Second. • 5 January 9, 1986 Mayor Suarez: Seconded► any discussion? Is there anyone before we vote on the Consent Agenda that would like to either object or agree with any of the items, anyone from the audience? Hearing none, let the record reflect that there is no one that wants to address the items being voted on as part of the Consent Agenda with four items being pulled out as previously stated and we will now take a vote on the Consent Agenda. The following resolutions were introduced by Commissioner Dawkins, sec- onded by Cnrdssioner Kennedy and passed and adopted by the following vote - AYES: Commissioner J. L. PluTmr, Jr. Commissioner Rosario Kennedy Vice -mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: C mnissioner Joe Carollo 2.1 CLAIM SErnzmn - ELIO TANG, JR., $6,500.00. RESOLUTION NO. 86-2 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ZO ELIO TANG, JR., THE SUM OF SIX THOUSAND FIVE HUNDRED DOLLARS ($6,5000.00) WITHOUT THE ADMISSION OF LIABILITY IN FULL, AMID COMPLETE SEITL04Tr OF ALL PROPERTY DAMAGE CLAIMS, 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.) 2.2 CLAIM SEN ZMENT - IIJRENZO & ILF.ANA CABRERA, CIRCUIT COURT CASE NO. 81- 11973 $22,735.00. RESOLUTION NO. 86-3 A RESOLUTION AUTHORIZING THE CITY ATItORNEY TO ENTER INTO A SETTLEMENT OF PENDING LITIGATION BETWEEN THE CITY AND LORENZO CABRERA AND HIS WIFE, ILEANA CABRERA, IN CIRCUIT COURT CASE NO. 81-11973 (A-10) ARISING OUT OF AN ACCIDENT IN A CITY -OWNED PARK VMIZ LORENZO CABRERA SUFFERED PER- SONAL INJURIES, SAID SETrLEMEM CALLING FOR PAYMWr OF $22,735.00 AND BEING CONDITIONED UPON THE DISMIISSAL OF THE LAWSUIT AND THE EXECUTION OF SUCH DOCUMENTS AS REQUIRED BY THE OFFICE OF THE CITY ATPORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3 CORRPrT SCRIVENER'S ERROR IN R 84-884 - MAUDE NEIWBOLD, CODE ENFORCEMENT BOARD, TERM ENDINGE•• r•• 1 1986. RESOLUTION NO. 86-4 A RESOLUTION CORRECTING A SCRIVENER' S ERROR IN RESOLUTION NO. 84-884, ADOPTED JULY 31, 1984, AS AMENDED, WHICH HAD APPOINTED MAUDE NEWBOLD TO THE CITY' S CODE ENFORCEMENT BOARD TO SERVE AN UNEXPIRED TERM OF OFFICE, BY AMENDING SAID RESOLUTION TO REFLECT FEBRUARY 10, 1986 AS THE COR- RECT EXPIRATION DATE OF SAID UMMIRED TERM OF MAUDE NEWBOLD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 GRANT' REQUEST OF LA LIGA CONTRA EL CANCER TO SELL BEER & WINE AT FESTI- VAL FEBRUARY 7, 8 & 9 ON WATSON ISLAND.. a 6 January 9, 1986 RT RESOLUTION NO. 86-5 A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST OF LIGA COMRA EL CANCER TO SELL BEER AND WINE FOR A THREE DAY PERIOD IN CONNECTION WITH ITS ANNUAL FESTIVAL TO BE HELD F'EBRUARY 7, 8 AND 9, 1986, ON WATSON ISLAND; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NONEXCLUSIVE CONZESSION RIGHTS AGREEMEN[', IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 ACCEPT COMPLETED WORK OF MURTON ROOFING CORP. - $20, 833.50 FOR OCICONw GROVE EXHIBITION CENIER MEZZANINE ROOF REPLACEMENT. RESOLUTION NO. 86-6 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MURTON ROOF- ING CORP. AT A TOTAL COST OF $20,833.50 FOR COCONUT GROVE EXHIBITION CENTER - MEZZANINE ROOF REPLACEMENT; AND AUTHO- RIZING A FINAL PAYMENT OF $3,307.35. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.6 BID ACCEPTANCE - MG MAR ELBC'TRICAL SUPPLY CO. FOR LIGHT FIXTURES AND LAMP POSTS - $27,124.00. RESOLUTION NO. 86-7 A RESOLUTION ACCEPTING THE BID OF MIRAMAR ELECTRICAL SUPPLY CO. FOR FURNISHING STREET LIGHT FIXTURES AND LAMP POSTS ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTNENT OF BUILDING AND VEHICLE MAINTE,- NANCE AT A TOTAL PROPOSED FIRST YEAR COST OF $27,124.00; 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 THESE MATER US. (Here follows body of resolution, amitted here and on file in the Office of the City Clerk.) 2.7 BID ACCEPTANCE - A. J. PARKER, INC. FOR DEMOLITION OF WAREHOUSE, 65 N.W. 9TH STREET - $25,000.00 RESOLUTION NO. 86-8 A RESOLUTION ACCEPTING THE BID OF A. J. PARKER, INC. FOR THE DEMOLITION OF ONE (1) COMMERCIAL WAREHOUSE LOCATED AT 65 N. W. 9TH STREET IN THE OVERTOWN/PART DEVELOPMENT AREA TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $25,000.00; AL.TACAT- ING FUNDS THEREFOR FROM THE OVERIOWN/PARFNJF.ST LAND ACQUI- SITION PROGRAM; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PUR- CHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RT 7 January 9, 1986 2.8 ACCEPT 14 DEEDS OF DEDICATION FOR HIGA-AY PURPOSES. RESOLUTION NO. 86-9 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT FOURTEEN] (14) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.9 CONFIRM ELECTION OF A. G. SHER'MAN AND RAY PENLAND TO CIVIL SERVICE HOARD. RESOLUTION NO. 86-10 A RESOLUTION CONFIRMING THE ELECTION OF A. G. SHER'MAN AID RAY PENLAND TO SERVE A TWO YEAR TERM AS MEMBERS OF THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.10 SEr FORTH COMPENSATION BENEFITS AND EMOIXTTTS OF CESAR ODIO AS CITY MANAGER. RESOLUTION NO. 86-11 A RESOLUTION SETTING FORTH THE COMPENSATION BENEFITS AND EMOLUMENT'S TO BE RECEIVED BY CESAR ODIO AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk . ) 3. REDUCED FEES FOR ANNUAL NORTH -SOUTH GOLF TOURNAMENT. Mayor Suarez: My point on Item 5 is just clarification, Mr. Manager. I noted that it states there that the prizes having to do with some kind of tournament at the Miami Springs Golf Course, I guess, are to be purchased from the Pro Shop there. Now who owns that Pro Shop? Mr. Odio: We do. We have it leased out and we get a percentage back fron it. Mayor Suarez: Is this something typical Carl, that we have done in the past? Mr. Carl Kern: Carl Kern, City Parks Director. Yes, sir, this is an old tournament that has gone on since 1953 and every year they have had it at the Springs and we have given then the same package. We reduce the green fees but they still have to rent the carts and buy all their prizes from the Pro Shop right there. Mayor Suarez: It isn't going to get us into any antitrust violations or anything, an Italian product or something? Mr. Kern: No, sir. Mr. Plummer: Mr. Mayor, for your edification, I'm trying to remember the guy's name - Dave Bondue, but Dave and Mamie Bondue were with the City of Miami for years. They started this golf tournament and it has been one that has been successful, it is something that we have done every year, and I think in memory of a long time faithful employee to the City this City has always honored this request and hope that it continues and even gets bigger. Mr. Dawkins: It brings better than a thousand black golfers here who partici- pate in this. So, its an annual thing. RT 8 January 9, 1986 Mayor Suarez: Yes, my only concern was the fact of the requirement that our Pro Shop be used. Mr. Dawkins: I had a problem with that too but they've been doing it and they don't seen to object to it. I'm like you, I want to know why they can't go somewhere else and buy plaques and trophies too, but they accept the pack- age... Mayor Suarez: It was sort of my legal nerve that reacted to that. Mr. Dawkins: If they ever put up a complaint I would be with you 100% but they haven't cannlained, Mr. Mayor. Mr. Kern: There would not be any problem to delete that particular provision about the prizes. We could keep the ordinance as presented but delete that one section about requiring that prizes be bought from our Pro Shop. Mr. Plummer: Why don't you make it as a request. Mr. Kern: A request, yes. Mayor Suarez: As opposed to requirement. With that modification, do I hear a motion on this item? Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-12 A RESOLUTION ESTABLISHING REDUCED GREENS FEES OF 50% OF S.E.A.SONAL RATES TO THE PARTICIPANTS OF THE ANNUAL NORTH - SOUTH GOLF T L?1W4Wr TO BE HELD MARCH 18-22, 1986, AT THE CITY OF ML*U COUNTRY CLUB IN MIAMI SPRINGS, PROVIDING THAT (1) USE OF ELECTRIC CARTS IS MANDATORY, (2) ALL TOURNAMENT PROCEEDS GO TO THE 1986 MIAMI NORTH -SOUTH GOLF SCHOLARSHIP PROGRAM; AND REQUESTING THAT TOURNAMENT PRIZ- ES BE PURCHASED FROM THE MIAMI SPRINGS PRO SHOP. (Here follows body of resolution, anitted 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. Plumper, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: AGENDA ITEMS 6 AND 7 WERE WITHDRAWN BY THE ADMINISTRA- TION. t R,I, 9 January 9, 1986 4. A - BID ACCEPTANCE: MAN -CON, INC. FOR CITYWIDE SANITARY SEWER REPLACE- MENT PRUTECT - NORTH RIVER DRIVE. B - BID ACCEPTANCE: RIC-MAN INTERNATIONAL, INC. FOR CITYWIDE SANITARY s3gER REPLACawI' PRfa wr - Dmvwow PHASE II . Mr. Dawkins: Mr. Mayor, all of mine, 6, 7 8, 9, 10, I'm concerned with the oornpletion date. You've got 100 working days for one, 120 working days for another. I want to know what assurances do we have that these projects are going to be completed in these stated times. Mayor Suarez: What is the status, Don, if you remember, or Mr. City Manager, of our own resolution regarding penalties for not completing on time, liqui- dated damages aM so on? Mr. Odio: He will answer that, but we have worked up a formula where we are increasing the liquidated damages and that is the way we have to call it. Mayor Suarez: Can we possibly apply that formula once we get it to these or is it too late? Mr. Odic: No, it is t-�^ late, sir, but we are applying that to every new bid that is let. Mr. Plummer: Well, you will apply it to every new bid once this Camnission has approved it. Mr. Odic: Yes, Sir. Mr. Cather: We have suggested one tenth of one percent as the amount, as you specified at the last Catmission Meeting, Commissioner Plummer. Mr. Plummer: Fine. Mayor Suarez: Probably ought to put a minimum on that just in case the bid is so low that one tenth of one percent turns out to be a very small amount of 4r money. Mr. Cather: Yes, the minimum is $100 a day. Mr. Dawkins: My question still is - What assurances do we have that this is going to be done? We're still dealing with tearing up streets and rights -of - ways and we've still got merchants who are going out of business because we tear up the streets and leave them torn up and the people go out of business. And then you came in and assess, a man loses his life savings and his building and you came in and tell me we assessed the guy $500 because he was late. Mayor Suarez: Okay, but we've got that set up for the future, as to these bids I think it is too late legally to impose that requirement. If we pull these items out we're going to have another shot at considering them, I presume, at the next Cnnnission Meeting. Mr. Dawkins: No, no, no. I mean the ones they pull out but the other ones I'm going to move, Mr. Mayor, after they ... Mayor Suarez: We're all reemphasizing the same thing, Don, that we emphasized last time that we'd better have some stiff penalties because it is really affecting the ability of our merchants and our City to function with all this tearing up that is taking place. Mr. Cather: Yes, sir, and I appreciate that and I'm trying my best to get a maximum out of liquidated damages that we can justify. We're surveying other cities and seeing what they do in attempts to maximize our liquidated damages, provable liquidated damages. Mr. Dawkins: Whatever works in another city may not work here, sir. Mr. Pluirer: That's exactly correct. 10 January 9, 1986 Mr. Dawkins: So don't tell ne nothing about another city. Get me a plan here that is going to produce the desired results. I don't care what they're doing in Kokomo, Mississippi. Mr. Cather: Yes, sir. We have not surveyed that city. Mr. Dawkins: Okay, Mr. Mayor, I move - which ones are you pulling, Mr. Manager? Mr. Odio: 6 and 7, sir, we're withdrawing. Mr. Dawkins: I move 8, and 10, Mr. Mayor. The following resolution was introduced by Ccnnnissioner Dawkins, who moved its adoption: RESOLUTION No. 86-13.1 A RESOLUTION ACCEPTING THE BID OF MAN -CON, INC. IN THE PROPOSED AMOUNT OF $189,777.50, TOTAL BASE BID OF THE PROPOSAL, FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT - NORTH RIVER DRIVE; WITH MONIES TENOR ALI=- ED FROM THE "CITYWIDE SANITARY SEWERS EXT'En1SIONS IMPROVE- MENT" ACCOUNT IN THE AMouNr OF $189, 777. 50 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXB- CUTE 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 Cannissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: C nmissioner J. L. Plummer, Jr. amni.ssioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Comtissioner Joe Carollo The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-13.2 A RESOLUTION ACTING THE BID OF RIC-MAN INTERNATIONAL, INC. IN THE PROPOSED AMOUNT OF $1,095,560.00, BASE BID OF THE PROPOSAL, FOR CITYWIDE SANITARY SEWER REPLACEMENT pRa= - DOWNTOWN PHASE II, WITH MONIES TEAR ALUJCAT- ED F1O14 THE "CITYWIDE SANITARY SEWERS EXTENSIONS, IMPROVE,- MENM ACOOUNT IN THE AMOUNT OF $1,095,560.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Ccnlmissioner Kennedy, the resolution was passed and adopted by the following vote - A M: Cc missioner J. L. Plu►mier, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Caymissioner Joe Carollo R11 T January 9, 1986 Mayor Suarez: One other thing to our City Attorney, I think reflecting the concern of Ccmnissioner Dawkins we should be attentative to any violations of those contracts and any other way to enforce the time requirements other than liquidated damages and other possibilities for declaring a breach or whatever and impose whatever penalties and court proceedings we're able to impose so that these things get finished on time. 5. SELECTION OF WALTER FOFMAr] AS ASSISTANT CITY CLERK. Mayor Suarez: Item A, can we hear from the City Clerk on this? Ms. Hirai: Mr. Mayor, resolution 76-850 passed and adopted by the con -cession back in September of 76 granted the City Clerk the authority to select and appoint the Assistant City Clerk to serve in that position. On September 1st of 85 upon the official retirement of the prior City Clerk, thetting then u at stant this was appointed to the position. I take pride selected for or the position. There time the name of Walter Foeman as the perof is a salary range that was worked •out with wisdom,aassistance we l of the Departmeready CCePt Human Resources and in the ��s you as to salary. whatever reoammendation canes from y Mr. Plumper: So move the recommendation. Mayor Suarez: Is the gentleman here by any chance? Ms. Hirai: I have not seen him Mr. Mayor. , I second it with the stipulation that you say here between Mr. Dawkins: Okay $45,000 and $50,000. at $47,SOOe of $45,000 and $50,000 is $47,500, I move it with the salary fixed Mrs. Kennedy: That's reasonable, I second that. Mr. Dawkins. Bearing in mind that when the Assistant Clerk went from Assis- tant Clerk to Clerk we in¢mediately took her salary to what the other Clerk's salary was and I don't think we should do any less for this individual. Mayor Suarez: Just for the record, since I don't like a to follow thelit Partcu possible lar tradition, I would have liked to have seen it amount. Mr. Foeman? Ms. Hirai: Mr. Foeman is here, Mr. Mayor. Mayor Suarez: We don't need to hear fran you, but it was nice to see you, sir. I would have set the figure at somewhere between 35 to 45 myself, Mr. Dawkins: What was your salary when you were assistant? Ms. Hirai: I came at $18,500, sir. Mrs. Kennedy: How long ago was that? Mr. Dawkins: No, not when you started. What the hell was it when you moved up where you are? Ha, ha, ha- ng. Hirai: I'm sorry, I misunderstood the question. That was a long ago. Mr. Dawkins: yes, but what was it when you moved from Assistant Clerk? What was your last salary as Assistant Clerk? Ms. Hirai: $52,700. Mr. Dawkins: That's what I'm talking about, $18,000 is irrelevant. Mayor Suarez: We have a motion and a second. the roll. Any further discussion? Call 12 January 9, 1986 RT The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-14 A RESOLUTION APPR4JING AND CONFIRMING THE CITY CLERX' S SEL}7CrION AND APPOIA1MM OF WALTER FOEMAN TO SERVE AS ASSISTANT CITY CLERK AT AN ANNUAL SALARY OF $47,500. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Catmissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Conmissioner J. L. Plummer, Jr. Cartnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 6. DISCUSSION OF DOWNTOWN FACILITIES AUTf OR1TY (KERGE OFF-STREET PARKING AUTHORITY AND D.D.A. ) Mayor Suarez: Item B was my item and I understand there has been a standing committee that has been reviewing the whole issue of the off -Street Parking Authority and/or the DDA, and if that is the case, and I understand that Commissioner Plumper has been a part of that. Maybe you could tell us how far we have progressed with either one of those two items. Mr. Plummer: Mr. Mayor, being as brief as I can, you might recall that last year the Legislature in their so-called "infinite wisdom", (that is quotation marks) remved the DDA, of all, around the State of Florida, fram the special millage and put it under the 10 mill cap, which meant that last year it was proposed that sane $700,000 ...$760,000 - was that correct? fAij 0V M I : • 0• M OTT, • DID 1 • 1 • a�• Mr. plummer: About $735,000 was proposed to ocxmme out of the General Fund. mere were those of us that felt that was worthwhile to explore and to pur- sue, which I then was appointed as a ornmittee to sit down and to negotiate with the Off -Street Parking Authority and the DDA, to try to find out areas of duplication and where ironies could be saved. There was a great deal of effort that was put forth at that particular time to get us over the hurtle of last year's budget, which saves some $365,000 for the budget, which was proposed by the Off -Street Parking Authority to underwrite the budget of the DDA. This year, we are pursuing four different alternatives - number one, to continue the merge between the two organizations, number two, to look for the possibility of consolidating the DDA with Metropolitan Dade County's Economic Development, number three, that it be a combination of public and private sector and of course, the fourth, which I don't think at this particular time is warranted, the elimination, or, in fact, the assimilating into the Planning Department. That is what we are pursuing. We started to have a meeting over the holidays and it was impossible to try to get all of the parties together. As a part of that negotiation, of course, at the time last year was Sergio Pereira and it is our hope and desire that Cesar Odio will continue in those deliberations, even though the Manager was not named as a member of that v=nittee. We do intend to have a meeting in the next two weeks and to continue these deliberations to cane forth with some further recommendations to this Cannission. I will answer any other questions that anyone might have. Mr. Dawkins: I have a statement to make. IN 13 January 9, 1986 Mayor Suarez: CcTQnissioner. Mr. Dawkins: I have been saying ever since I have been on the Car-nission that I do not see the necessity of the Downtown Development Authority. We have a Planning Department of our own, and the, for the lack of a better word, the establishment constantly comes up with methods and means to do what they want to do, and you have got something now called the Beacon Council, that is supposed to be doing the same thing that DDA is supposed to be doing, so somewhere along the line, somebody has got to tell me, you know, what we are doing! Now, if the DDA is going to do this, then we don't need to give no money to the Beacon Council. If you are going to give money to the Beacon Council to do what DDA is doing, you don't need DDA, and you really don't need DOA when you have got your own planning department and we are paying same good salaries in that. Now, that has been my position ever since I have come on here, and it will continue to be my position. Mrs. Kennedy: Mr. Mayor, unlike Camnssioner Dawkins, I am new to this Commission, as are you, and the way I feel, is that I need more time to study this proposal. I would like to see some kind of white paper, or call it what you may - perhaps asking them for a reasonable amount of time to do a study and ocre back to us. That is the way I feel. Mayor Suarez: Let me express, in addition to what has been stated, and to the report of CmTnissioner Plumner's committee, that my own concerns are a total of four. Commissioner 'Plummer made reference to one of then - the duplication of effort, and that is an important one, I think, in the minds of all of us, and as Cannissioner Dawkins has stated, we now have the Beacon Council, which apparently is going to lose its funding, by the way. I gather they didn't take into consideration the feelings of the electorate when they passed that famous, or infamous symphony tax and are about to lose all their funding, except whatever they can get from the private sector. The duplication is one concern out of four from my perspective, and particularly as it regards the Off -Street Parking Authority, and I have expressed this to the Executive Director. I hope my message got through, and I hope the standing committee will consider these, C mnissioner. NLrber one, in addition to the duplication one is the existence of parking meters throughout the City in all kinds of places that people are very upset about, particularly S. W. 8 Street, and S. W. 1 Street and Flagler. The Miami News yesterday, I believe had an editorial in which they misunderstood my orientation on this. I have no problems with the concept of parking meters downtown. We do need that, obviously, and evidently need the constant flow of traffic and the constant change in the cars that are stationed downtown, so the people can stop and get accomplished whatever it is they have to do downtown, but in these other areas, I see absolutely no need. I have objected in the memo that the CamLission has a copy of, to proposed parking meters in the Jackson -Memorial area, and Mr. Carlton has gold me that they intend to have hearings from concerned citizens and merchants to discuss the viability and the need for those, but as a general rule, our citizens, I think that those of us that just ran for elec- tion, were made aware of this, that they are very much against any new parking meters anywhere. Downtown already has then, so that is really a totally separate question, which might very well be handled as part of the downtown facilities authority, because it is downtown, and it is a facility in some Ways - parking downtown. That also applies, by the way, to parking struc- tures and parking lot buildings. I really wonder if we are competing with the private sector in one end, and I wonder if we are not pushing our parking rates downtown by setting what appears to be the floor, and I've discussed this also with the Executive Director and we hope to have some demand, curves, or some marketing studies to establish exactly what we are doing downtown by setting rates, and the profit making aspect, the dimension of the Off -Street Parking Authority concerns me. People don't understand why we should have an entity out there that seems to be totally oriented towards making money, and particularly when it is at the cost of having parking lots all over the City, and we do not consider it a return, Mr. Carlton, frankly, to the COMMUnity that are paying these parking meters, to have more parking lots built there. As you have stated, that simply is not compensation. That is an additional burden. I can't imagine anyone in Little Havana that wants to see any more parking lots built anywhere near Little Havana, and private developers have not come to us crying that they need for us to provide more parking facilities for them. If and when they do, that would be something interesting to con- sider, but so far, I have never heard that particular request. Finally, I am concerned about the autonomy issue. Citizens keep asking us why we don't appoint the members of these boards, and why we only have consent powers, I RT 14 January 9, 1986 believe in one case, and in the other case I air► not sure we even have that, both as to the DDA and the off -Street Parking Authority, and I would like the cannittee to consider whether the Miami City Commission should not appoint all of the members of both of these boards, as we do the members of other c- mmis- sions and boards that we have in the City of Miami. Mr. Plumper: Mr. Mayor, excuse me. There was one other option that I failed to mention. The other option was to go back to the Legislature and there is an effort on that behalf going on presently to take the Tillage raised by the DDA back out from under the 10 mill cap, keeping in mind that prior t t t action, that that monies, which is the operation of the DDA, was paidfor by the people who benefited. That was the CBD, the Central Business District and at the time, and most of the years that it ran, that was the feeling. Those people wanted it, they were willing to tax themselves a half a mill outside of the 10 mill cap. That was fine, let them have it and let them develop as they saw fit, because they were paying for it. That is one of the viable alterna- tives that is presently being considered, to try and petition the legislature to take it back out, not only by this City, but every other City in the State of Florida that has a DDA. Mr. Mayor, I will notify all of you by memo at the next Commission meeting, to either came forth personally and make your thoughts known, or by memo► and it will be considered at that meeting. Mrs. Kennedy: Mr. Mayor, could we ask the City Manager to make a study and let us know what would be lost by consolidation in perhaps 45 days? Mr. Plummer: Yes, that is what we are doing. Mrs. Kennedy: Okay. Mayor Suarez: It is to provide the necessary input to the Committee too, and technical support, in case you need it. Mr. Plummer: Well, that is what it had been in the past. Mayor Suarez: Is that an independent district, what you were just talking about? Is that the definition? there is a definition of the DDA, runs up to 17 Street, to Mr. Plummer: Yes, the expressway, down to ... and now it enccnpassee Brickell, because Brickell was the expanded ... _ Mayor Suarez: And it is provided for in State law that it does not came under our millage cap if it is an independent district. That is ... Mr. Plummer: No, excuse me, it does. The law changed two years ago, and that is where the problem emanated from. Prior to that law, the CBD taxed theme - selves a half a mill, which was outside of the 10 mill cap. In the wisdom of the Legislature, they said it must be included in the 10 mill cap, and because of that, it passed, is where then it had to came from part of the City funds, and that is when I started raising hell, and that is why me and my big mouth got me to head one more committee in the City: So, but I think we are accam- plishing samething. I really do. Mayor Suarez: But, the creation of an independent tax district, does that require legislative change, or just administrative change? Mr. Plummer: No, you cannot do it ... Mayor Suarez: Administrative interpretation? Mr. Plurmner: No, if you have a special taxing district, there are two forms - one is through the State Legislature, which has the power to do it. We, the City, do not have the power within ourselves to create a special district. Any special district that we propose has to be approved by Home Rule Charter by Metropolitan Dade County. For example, if we wanted to go out and create a district for lighting, and only paid for by the people of that district, we do not have the authority to do such. We can propose it to the Metropolitan Dade County; they have to approve it. At this particular time, there are no special taxing districts in the City of Miami. Mayor Suarez: Okay, I don't believe we need a motion on this. I believe Commissioner Plummer has noted our conperns, ... 15 January 9, 1986 RT Mr. plu=er: Just for discussion. Mayor Suarez: ... my particular concerns and those of Cannissioner Kennedy and Dawkins, and will take those into account and prepare a report that will come back to us for action, I presume in the next couple of months. Mrs. Kennedy: Mr. Mayor before we get off, could we ask also the City Manager to do a feasibility study with the DDA funds to do sore kind of a Latin Quarter project, and then cam back to us at the next Commission meet- ing? Mr. Cesar Odio: You mean Off -Street ... Mrs. Kennedy: Off -Street, I am sorry. Mr. Odio: Yes, Ma'am. I will be glad to. NOTE FOR THE RECORD: At this point, item C was temporarily deferred. 7. DISCUSSION REGARDING ORANGE BOWL FACILITY; SELECTION OF MEMBERS FOR THE ORANGE BOWL COMMITTEE. Mayor Suarez: we can move on to Item "D" then. Mr. plurrmer: I'm sorry, I was given the wrong information. Mayor Suarez: Who do we here from on this? Mr. Dawkins: Miller Dawkins. Mayor Suarez: Commissioner? Mr. Dawkins: : When I campaigned, I promised that it was my desire that the Orange Bowl remain. Now, the City of Miami owns the orange Bowl. There is no mortgage and no nothing. Anything that happens in the Orange Bowl, the Orange Bowl can support itself. The only reason we are not better off is that we do not have the concession for the parking. We do nat have the concession for the...no concessions. Now, Mr. Manager, what is the status of the study to tell us if the facility is structurally sound? Mr. Odic: We should have a report within two weeks. What we have done is, replace immediately the parts thatwe felt Now, they are going into all the joys of the whole stadium, and the id that it would be concluded within two weeks, Cammissioner. Mr. Dawkins: OK. Ah, When they report back to us you be sure that you put in your report that for five years we did not do any maintenance on this facili- ty, and most of the things that are happening now are for the lack of preven- tive maintenance. Mr. Odio: I think we should say on the record that they have told us that the Orange Bowl is structurally sound, that there is no safety hazard to the public. That needs to be said but they are caning back to us and s work that we mist do to keep it like that. Mr. Dawkins: But if we had did preventive maintenance we would not have to do what we are doing now, sir. Right? Mr. Odio: That's correct, sir. Mr. Dawkins: If that's true put it in the report. Mr. Odio: Yes, sir. Mr. Dawkins: OK. Now, I want to go on record again as stating that the orange Bowl in my opinion is a place for the Orange Bowl game, because that's the name of it. It's the home for thv University of Miami football team. It RT 16 January 9, 1986 could very easily be the home for anyone of our city team, maybe Miami High since that's in the City, and there is a lot of uses for that stadium and it can support itself. What did we get from the demolition derby last year as revenue? Mr. Plummer: You mean the tractor pull? Mr. Odio: The tractor pull. Mr, Dawkins: No .... Ok, whatever it is. Mr. Plummer: Ninety-six thousand dollars. Mr. Odio: Yes. Almost a hundred thousand dollars. Mr. Plummer: Ninety-six thousand dollars. Mr. Dawkins: All right. What did we... Mr. Plummer: Fbrty-eight thousand people. Mr. Dawkins: What did we get for the Prince Concert? Mr. Odio: Fran Bruce Springsteen we made two hundred thousand dollars net profit. From Prince we made about sixty thousand if my memory is right. Mr. Dawkins: And Michael Jackson? Mr. Odio: About sixty thousand. Mr. Plummer: Sixty-two. Mr. Dawkins: See, the stadium can take care of itself, if Joe Robbie don't tell me I can't have this, and if it's because I mess up his football field. Mr. Odio: If I may add, we have developed under the leadership of Camission- ' er Plummer and Carollo, the Miami Winter Games caning... y Mr. Dawkins: Oh, the man never talked to me, huh. Commissioner Dawkins. Mr. Odio: And I was going... Mr. Dawkins: I didn't have nothing to do with the Winter Games? Mr. Odio: Yes, sir, you did. Mr. Dawkins: I hate to put you through this, but I have to say it because my opponent, Mr. Victor De Yurre said Miller Dawkins never aceanplished nothing. Mr. Odio: Well, that's... Mr. Plummer: That's why he lost and you won. Mr. Odio: But since Cannissioner Carollo has been working very closely with the soccer tournament which is the first Miami cup... Mr. Dawkins: I'm only kidding. Mr. Odio: I know. The Miami cup alone in bringing the top world cup teams to Miami for one week could replace the Dolphins and in fact make more money to the City if we are successful in getting the public there to watch these games. So,... Mr. Dawkins: I would like to suggest to you, Mr. Manager, and if necessary we will bring it back in the form of a motion, that we've declared everything in Miami historical, but the Orange Bowl, and nothing to me is more historically significant than the orange Baal. And I would like to see the Orange Bowl declared historically as a historic preservation object, providing, we can get the federal dollars that would bring it up or whatever to where it is. Now, if it's not structurally sound, then I got a problem, but if it's structurally sound I'm not for destroying it. RT 17 January 9, 1986 Mr. Plummer: Can you work on that for about six months before you bring that back? Ijet me tell you the problem C Tmissioner Dawkins, I will agree with you because that will guarantee us infinitum the place that I played as a kid will be there. But once you place --you bet your bippy--- once you place that historical... Ms. Kennedy: In what category did you play there? Mr. Plummer: Many ways. Once you place that as an historical site, you are then in one hell of a bind to ever do anything to it. one of the proposals that the Committee is looking at, which would be out, is the installation of a permanent stage in the east end zone. If you made that a historical site you can forget it, because ... let me give you an example, the City of Miami caught hell I understand when we declared this City Hall a historical site and we put storm shatters on it, because it did change the outside skin of City Hall. Now, you know, that's going to the extreme, but that's how far it can go. Let me ask on that historical site that we give some consideration for a while. Mr. Dawkins: No, I withdraw. I withdraw. Mr. Plummer: Well, no, we might want to do it, but... Mr. Dawkins: No, I withdraw the suggestion. No, I can find... Ms. Kennedy: For the benefit. Mr. Dawkins: As long as we got some people up here --three votes not to destroy it, it's preserved. Mr. Plummer: Well, you can go on record of making it a motion at this time that that stadium will continue as long as feasible and I will vote for it. I think that... let me just spill a myth right now that I think that's in this community that is unfair to the Orange Bowl. It has been said that if the Dolphins, in fact, do move, that that place will became ancient. I want to give you some actual numbers that I think will tell you that that is a myth. The Bruce Springsteen concert brought net for two nights to this City, net, two hundred thirty-nine thousand dollars. That's the record. The Dolphins in their entire season of nine games, even though their rent is forty-five thousand dollars per game, it only nets the City twenty-six thousand because we have to provide ticket takers, security and the rest. Mr. Carollo: Yes, but J. L., let's... Mr. Plummer: Let me finish real quick. What, in fact, is the truth, that two nights of Springsteen brought more net dollars to the City than an entire season of the Dolphins. Now, I like the rest don't want to see them leave, but I think when we start talking about dollars which we are talking about in keeping that orange Bowl, I think that's very important to remember. I have said and will continue to say, the secret of the success of the orange Bowl is not in sports. it is the utilization of seventy thousand seating. The tractor pull attracted forty-eight thousand people. These concerts... by the way, I have a copy of the 1985 concerts in the United States and the Bruce Springsteen in the orange Bowl was the largest concert in the United States up until October 1st grossing over two and a half (million dollars. By a long shot that orange Bowl is not over. Amen. Mr. Carollo: J. L., one of the areas that I think you should include and it's only proper that we do. We only net twenty-six thousand dollars approximate- ly, but we actually make much more than that because we get thirty-five per cent of the concessions in those games. Therefore, we make---what?---approxi- mately four hundred thousand dollars a year all together? A little over that? Mr. Odio: Yes, sir. Mr. Carollo: Mr. Manager? Mr. Odio: Yes, sir. Mr. Carollo: So, what it really cares out to that we make on the Dolphins, including concessions, is approximately four hundred or four fifty thousand s RT 18 January 9, 1986 dollars a year. Now► I think everything else that you have said is quite correct. All that we need are a couple of good concerts and that will make up for the revenue that we would lose and not only from rent, but from conces- sions from losing the Dolphins. I think that we have to be practical about this and I think the vast majority of us in this Commission, if not all of us, would like to keep the Orange Bowl Stadium. I think that is the senti- ment of the majority of the residents of Miami and the feeling of both the University of Miami Football team and the President and their staff and the Grange Bowl Catmittee that placed the Orange Bowl game in the Orange Bowl Stadium, but I think that what it cares down to is, can we produce the revenue in the next years to come to make the Orange Bowl viable. I think we can, even though I think it's also fair to bring out at this time that maybe once Mr. Robbie has his new stadium, it's obvious that there is going to be om pe- tition on certain areas like maybe some concerts and other things and maybe we won't be able to bring as many as we would otherwise, but I still think the Orange Bowl could be a viable stadium and I think that until that time comes, that we can make a go, then we should put maybe some of these other ideas to rest. Not close the door on them now, but put then to rest. Mr. Dawkins: Mr. Mayor, I have asked for additional information and if it doesn't clear up anything, I will put it back on the agenda. I would ask that you move the agenda please. Mr. Plum er: well, Mr. Dawkins, please ---as you know, this Commission ap- pointed me as the chairman to head up a Camuttee to basically, what is the future of the Orange Bowl. I am still waiting for each member of this Cawds- sion to appoint a member to that Ca mittee. Mr. Carollo: I'm sorry, Miller, you were asking for some information? Mr. Dawkins: Yes. That's all right, no problem. Mr. Carollo: OK. What kind of information were you needing, Miller? Mr. Dawkins: The same thing that you just said. How much it cost to operate it. What's the net receipts that comes in? How much we have to pay to maintain it, and how we would balance it out? Mr. Carollo: Yes, I think that's important because, you know, there is one train of thought that says that if we lose the Dolphins we can't make a go at it with the orange Bowl, financially. And I think we need to show that that's not correct, that indeed we still could make a go at it for the mean- time. I think maybe also into the future, but at least for now we certainly could. Mr. Plummer: I would ask that each member of the Commission please give me the name of whoever you would like to serve on that camii.ttee, so that we can get it together. We have had some preliminary meetings with the Grange Bowl Committee and with the University, but I was waiting for a full Committee to sit down and start working out what we can. Mayor Suarez: I will hereby appoint my Executive Aide Steve Suarez and charge him and ask the Commission---Camnissioner Plunmr, that you had to consider also the feasibility and the cost of adjusting the Orange Bowl facility, so that major league baseball can be played there, considering both the alterna- tive of having or not having retractable seats and how that would affect the playing of the Orange Bowl Classic, and I'm sure you are considering all those options, anyhow. Mr. Plummer: We already have a plan that was done about four years ago. Our problem with that, Mr. Mayor, is is the new edict handed down by the Baseball Cacmmissioner, and that is now that they will only give teams - future expan- sion teams or relocation of teams, a facility that was built only for baseball and only used for baseball, and that's made some cheese binding, but we do have a plan, and we will be glad to keep that in consideration. Mayor Suarez: Because in connection with that particular requirement, I gather that we could be in a better position than the new stadium, in the sense that we would not have --at least initially ---a national football league professional team playing there. We would only have... $° RT 19 January 9, 1986 Mr. Plummer: Don't discount that, Mr. Mayor. Rerr mbex that Los... Mayor Suarez: We are all going an... Mr. Plummer: Los Angeles has two. Mayor Suarez: We are all going on intuition at this point, but we would not have a professional football team at that particular point. At least we don't just yet. Ms. Kennedy: I would like to appoint one of my aides also, Irene Farinas to that study. Mr. Plummer: Fine. Mr. Dawkins: I will appoint Manny Alvarez. Mr. Plummer: I have already appointed the man who I think knows more about the Orange Bowl than anyone who has asked me to allow him to serve as my appointee, who approached me. I did not approach him, and I nominate Mr. Ernie Seiler. Mr. Carollo: Well, what I would like to do is succeed my appointment to someone out in the caTmunity. So, I will appoint someone from the Host committee and if tho ('hai rmRn and Vice -Chairman of the Miami Host Committee, they are here can choose someone, then once they select one of there members, then that will be my appointment. Mr. Plummer: Fine with me. 8. PRESENTATION, PROCLAMATIONS, SPECIAL ITEY"7. Mayor Suarez: We eventually, should get back to your item Commissioner Carollo, that being Item "C". Why don't we very quickly resolve a couple of ceremonial items. Commissioner Dawkins, you want to make a recognition? Mr. Dawkins: Yes, please. Is Colonel Sampson in the building? Mr. Odio: He was --I saw him up... I think I saw him upstairs. Mayor Suarez: He had been here. Mr. Dawkins: OK. That's OK. Serg. We have our boxing team here and the reason I asked then to come here this morning is, there has been quite a bit of controversy in the neighborhood that Miller Dawkins does not support youth and that because he took seventy-five thousand dollars that was supposed to go to Coconut Care and put twenty-five thousand dollars of it in Wynwwood► twenty-five thousand dollars in Liberty City and gave twenty-five thousand dollars to Mrs. Virrick, I'm anti -youth. So, well, Serg., will you come up and tell us about the boxing team and where you just came f rom and who the youngsters are? They have to ... the reason I'm taking this liberty is these kids have to get back to school. So, we have had them here long enough, please, Mr. Mayor. Sergeant Patrick Burns: I'm Sergeant Patrick Burns of the Miami Police Department and I have been there for thirteen years, and a few years back -- actually 1983-- we started a program in Overtown called "The Miami Police Athletic Program" in which we took the youths, the young kids that were hanging out on the corner and tried to put them into a constructive program. of course, at that time you know that the Miami Police Deparbnent was experi- encing, well, some uneasy times in the ca nninity and we felt that this was a way to perhaps bridge the gap between the Police Department and the cawminity. We started a boxing program, a weight lifting program, a basketball program and a softball program and we have been getting most of our publicity through the boxing program. Now, these kids started at ten years old and the word got RT 20 January 9, 1986 out on the street real quick. We started with fifty kids, as of yesterday we had signed up six hundred fifty-nine kids just in the boxing program alone. We are now ranked number one in the State. We recently won the State tour- nament here called the "Silver Gloves" which was hosted here in Coconut Grove. We sent fifteen boys that qualified to Tennessee for the Regional Tournament, four took gold medals and we had six take silver medals, that's in the fifteen year olds and under. We are currently working with about fifteen youths sixteen years and older up to twenty-three years old and of those we have about four that we realistically think can make the United States Olympic Team and these were kids that were just hanging out on the corner doing nothing. We have now worked our way into the Wynwood area which is Roberto Clemente Park and we are hoping to start a program there, and we are starting to bus the Puerto Rican youths into Gibson Park, and shortly, I can tell you when they first came over the friction between the two ethnic groups was ---it was pretty tensed and in a very short time these kids that were used to fighting each other in school had developed a relationship cohesiveness with each other and now are on the same team and what myself and my partner Joe Raymondi see is that these ten, twelve, fourteen, fifteen year old kids ten years from now are going to be leaders of their respective communities, and through athletic programs such as the Miami Police Athletic Program when it canes to more serious issues rather than a boxing match, perhaps a disturbance or issues pertaining to both cannunities, they are going to be able to work together, especially, getting to know each other and getting an understanding of each other's cultures and we will enhance our camnanity. The program has taken off. We have had strong support from the City Commission, from the Mayor, from the Police Department and fan the camninity--the business coTnunity has been excellent ---sand we are just really working hard in pushing for the 1988 Olympics for sane of these kids. Mr. pawkins: OK. what monies do you get from the City of Miami? Sgt. Burns: well, last year we wrote a resolution for asking money from the law Enforcement Trust Fund, which is drug confiscated money. We were suc- cessful with guidance from the Commission. We were able to obtain forty-five thousand dollars, and we are acting on that budget now. For a long time we were really strapped, and we recently got forty-five thousand dollars. Mr. Dawkins: But you never got any ad valorem tax money from the City of Miami? Sgt. Burns: No, sir, we didn't. Mr. Dawkins: You didn't get any revenue sharing funds from the City of Miami? Sgt. Burns: Nothing. Mr. Dawkins: No, ComnTunity Develaprent funds from the City of Miami. Sgt. Burns: No, sir, absolutely nothing. Mr. Dawkins: 0k, would you introduce the youngsters then please, Serg. Sgt. Burns: Yes, sir, I will. Mr. Dawkins: Where is Colonel Sampson? Colonel Sampson, you want to intro- duce the youngsters? Colonel Sampson: For the records I'm Colonel Sampson. I'm the commander of community relations. OK. This is Eddie Price, he is fifteen years of age. Sgt. Burns: Eddie is our state champion. He has won numerous state and regional tournaments, and he also just got back from the Regional Tournament in Tennessee. (APPLAUSE) Colonel Sampson: (APPLAUSE) RT This is Lamar Murphy and he is one of the gold medalists. 21 January 9, 1986 Fgt. Burns: Lamar played a real important part for us in winning the state tournament. to terms of team points, we were really struggling. Lamar is relatively new in the program and really fought his heart out. He was not supposed to even place and he fought two kids that had over three hundred fights and won both of his fights to get to ... get us over the hump and win the state tournament and then went up and won the regional in Tennessee. He did a heck of a job for us. (APPLAUSE) Colonel Sampson: Last but not least, Ernest Staton. (APPLAUSE) Sgt. Burns: This is bad Earnest Staton and that's what we call him. He was one of the guys that was out on the street was fighting everybody. This guy would fight you and he didn't matter if you were six feet five. He would fight anybody. So, we finally, we talked him to come into the gym. We put some gloves and head gear on him and he is one of our Olympic hopefuls. Now, these young men that just qualified through the regional tournament in Tennes- see will now be heading to Peoria, Illinois for the national tournament and hopefully, they will bring back the gold for the City of Miami. (APPLAUSE) Colonel Sampson: We also have the coach of the boxing team Officer Raymondi. (APPLAUSE) officer Roy Raymondi: I would like to thank you all for recognizing us, and we do put in a lot of work, and it's all for the City of Miami, and to help the community, and we instill that into the kids and they understand it. We have seen quite a bit of progress especially with the ones that had been in the program since we have started, and when the new ones came in they fill in those empty spots and then we watch the progress of then, and it's a very enjoyable job for me, kind of stressful at times taking fifteen kids to Tennessee, but they all enjoyed it. Mr. Dawkins: At your expense? Officer Raymondi: Right. They all saw snow. We went through the Smoky Mountains and a lot of them saw snow for the first time and they all hit me with snow balls. They had a blast doing that. Mr. Dawkins: And some of them had never been out the City of Miami. officer Raymondi: Right. A lot of then still have never gone on it. Mr. Dawkins: Never been out of Dade County perhaps. officer Raymondi: Correct. They have never been out of Overbown. Sone of them say they are going out of town, they go to Richmond Heights and to me that isn' t out of town, but for them it is. We plan to f ly them to Peoria, Illinois for this Regional Tournament and they will experience a plan ride. We have also started a Cop -A- Job program where same of the older youths, they started complaining about not having work and we started going into the comuunity and asking people for jobs and we started a program where we have an application... a job list and we go out fi.ndinq jobs for these youths. We have had about sixty-eight jobs since we have started. Mr. Dawkins: OK. And the policeman get how much for doing this? Officer Raymondi: We get our salary. Mr. Dawkins: Yes, but this isn't done on your salary time is it? officer Raymondi: Yes, it is. Mr. Dawkins: All both of you. . RT 22 January 9, 1986 A officer Raymondi. Not all the time. Like right now we are here on our own time.. . Mr. Dawkins: 'That's right. That's what I wanted to... OK. officer Rayamondit...and the trip was more than an eight hour day. Mr. Dawkins: That's right. All right, the other thing I would like to say is we appreciate it, and I speak for the total Commission, and you find a young- ster and I will put him on part-time for twenty hours a week as a comm ity aide for my office. offic,2r Raymondi: Terrific: Thank you, very much. (APPLAUSE). Ms. Kennedy: Pat, Alexis Arguello used to say that it's not the size of the dog in the fight, but the size of the fight in the dog, and these kids cer- tainly proved that. Colonel Sampson: I would just like to thank you again. UNIDENTIFIED SPEAKER: Thank you everybody. UNIDENTIFIED SPEAKER.: Thanks. UNIDENTIFIED SPEAKER: Thank you. Mayor Suarez: Now, go back and get straight "A's" in school too. We also have, I believe, here some representatives of the two pension boards of the City of Miami, who as a result of the settlement of the Gates lawsuit have been constituted and we want to recognize the members of the outgoing board. Do we have some of these members of the outgoing boards here present? We have oertificates for all of you. Mr. Plummer: I finally get off of two oaatmittees . Mayor Suarez: I don't know if it's... Do we have most of you here? OK. Judy Carter, Edmond Gong, John Chin, Tyron Kennedy, Sujan Chhabra,... Mr. Plummer: You are better off caning down here. Mayor Suarez: Paul Young. I think up front would work out better. Jack Raburn, Mark Wisner, Robert Weilbacher, Aurelio Perez-Lugones, Kenper McCue, Donald March, Betty McKnight, C. E. Cox, Manchar Surana, Robert Cummings, Ron Silver, John Gardner, Carlos Garcia, the infamous J. L. Plummer, Elena Rodriguez. We thank you for your work on these boards. The City appreciates that, that fantastic work that you have done and we hope to in the future have people as qualified and as hard working as you have been in the past. Thank YOU. (APPLAUSE). Mayor Suarez: Would someone take care of distributing these please. 9. SETTING PUBLIC HEARING FOR R.F.P. REGARDING UNIFIED DEVEUJPMENT PROJECT FOR THE MARINE STADIUM Mayor Suarez: Caamissioner Carollo, do you want to make any presentation on Item "C" very quickly? Mr. Carollo: Mr. Mayor, this is not the item that I placed on the agenda. I think it was placed by someone other than myself. Mayor Suarez: I guess Cannissioner Plummer had stated that you had an inter- est in this one. RT . 23 January 9, 1986 Mr. Carollo: Well, I certainly have an interest in that area of Key Biscayne, because I previously on several occasions have presented several plans for the area. so, I'm not quite sure what new plan is being proposed here. Mr. plummer: Mr. Mayor, as I recalled, the last action of this Corenission was asking the administration to start preparing an R.F.P. and I guess really the question to be asked this morning —where is the R.F.P., and when is it going to be ready for C=rr fission approval? Mayor Suarez: Yes, I believe that I along with the rest of the Commission got same inquiries from the PACE people and we were wondering where this is at. What status report you can give us? Mr. John Gilchrist: we have prepared a drafted R.F.P. and the process that needs to go through is the Commission has to set a public hearing date and that R.F.P. will be brought before you under the unified development project process in which during that Camrmmission meeting you would take public testimo- ny on it and at the end of that instruct the Manager to proceed with a request for proposal. We do have it all canpleted. Mr. Carollo: See, very briefly, Xavier, the proposal that I made, and I don't know what PACE wants exactly. I don't quite understand it, but the proposal that I made was that when we look at the possibilities on the Marine Stadium to make that into a marina ---Marina del Rey, or bigger than that, where we can place two thousand slips or more. That area is already dredged, so it don't have to be dredged anymore or anymore time wasted on that; to clean up the beaches and open it up to the public, make some medium sized restaurants, make nature works, canoeing areas, sport oriented activities and then try to get something like maybe an ABC, with their Water World or a Disney type activity in there and try to connect this new attraction, this new theme park together with the Seaquarium across the street and the Sea World next door through monorail. Mr. Plummer: I think that one of the things that the Commission asked that in the drafting of the R.F.P., that we ask the proposers to be as imaginative as possible with us setting some basics as you have just outlined. If in fact, that's what we are here about today, I would Trove that this public hearing be scheduled for the 13th of February. Mr. Dawkins: Second. Mayor Suarez: Do you think you will be prepared at that time, John, to... Mr. Gilchrist: We can be prepared. The R.F.P. we prepared is for cultural and entertainment facilities there and it resulted from the private party asking for it to be done. So, it is broad enough and we are prepared with it now. So,... Mr. Plummer: Well, we will decide that on the 13th. Mr. Gilchrist: Yes. _ Mayor Suarez: Yes, we... Mr. Gilchrist: What I'm saying, what is drafted is ready to go now at this time. You have to have a ten day notice to the public. Mr. Plummer: May I suggest, John, since you are indicating that you have a draft ready, that you give that to us as quickly as possible, like within the next week, so that we can have the ideas of going through it and be prepared to speak to those changes, if any, that we want to make on the 13th. Mr. Carollo: John, and I would like to personally sit down with you on next week and go over, you know, what you have already. Again, I was under the understanding that PACE wanted to present something on this today. Mr. Gilchrist: well, that was not my understanding of it, but...in fact, that they requested us to do this as a historic issue at this point. We prepared an R.F.P. in a generic fashion. '� 24 January 91 1986 0 0 Mr. Plummer: Mr. Carollo, I can tell you that my office has received inquir- ies from two other major, major concerns that are interested in seeing the R.F.P. I don't know that they will bid, but we have received ingui.res. So, it would be my hope, you know, that the more inquiries we get the better deal we will get for the City. Mr. Carollo: Absolutely. Mr. Gilchrist: Well, I might want to clarify one thing. we have limited this to the Marine Stadium, the water area, the parking and the facility itself and I wondered if the Cammission did want to expand that to any other part of Virginia Key ... Virginia Beach. Mr. Plummer: We will let you know on the 13th. Mr. Gilchrist: OK. So, we can submit it as it is now. Mayor Suarez: Thank you, John. We have a motion. Do we have a second? Ms. Kennedy: Yes. Mr. Dawkins: Second. Mayor Suarez: Any further discussion? Hearing none, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-15 A MOTION SETTING THE DATE OF FEBRUARY 13, 1986 TO HOLD A PUBLIC HEARING Tb DISCUSS THE R.F.P. REGARDING THE UNIFIED DEVELOPMENT PRO<TDCr FOR THE MIAMI MARINE STADIUM. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Q=nissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 10. BEGIN R.F.P. PROCESS REGARDING EXHIBITION HALL FACILITY- FEASIBILITY STUDY- SCHEDULE PUBLIC HEARING. Mayor Suarez: Item "E", do we hear on bond financing on this or are we going to hear also about a specific project for an exhibition hall? Mr. Larry Turner: Mr. Mayor, my name is Larry Turner. I live at 1626 Micanopy Avenue in Coconut Grove. I'm Chairman of the Miami Sports and Exhibition Authority. I here this morning to give a report on the bond financing. I do understand there are some gentlemen here this morning that would like to discuss the issue of the temporary/permanent exhibition hall. On the bond financing, in New York on December 26th and 27th we closed on the thirty-eight million dollar bond issue to finance the construction of phase I of our projects, phase I being the arena. A few days prior to that we also closed on a ten million dollar subordinate bond issue funded by Sun Bank locally. In accordance with the resolutions that were adopted by the Miami Sports and Exhibition Authority on December 16th, the details of the arena . 25 January 9, 1986 1* 0 will be presented to this Ca ussion for its concurrence prior to the expendi- ture of any construction funds for that project and also, the ten million dollars that was raised through the subordinate note issue will be disbursed i y the Authority of a request for those funds in a to the Caty upon race b pt specif ied plan for the use of the funds . So, that's where we stand on the thirty-eight million dollars for the bond issue for the arena and the ten million dollar subordinate note issue which will be used for the tempo- rary/permanent exhibition hall. I will be happy to answer any questions on the bond financing. Mr. Plummer: Mr. Mayor, for your edification and that of the Commission, I want to make one thing clear. I qot involved in this and I really don't know how, but definitely got involved because I was concerned. I want it to be for the record that under the State law that created this authority, it gives then a lot of power much beyond any other so-called eammittee that I know of that exist within the City of Miami. For example, they have the right of eminent domain. They have the right of bonding and I don't think there is any other committee that I have ever heard of that has those kinds of rights to do it without this City Commission's approval. In spite of that, f irst of all I want you to know that we are not caught in a time bind at this particular time, because they have agreed to allow this Commission to have concurrence on any of these monies to be expended. For example, the contract with Decoma is not signed. They have an agreement. They have reached an understanding, but the contract itself with Decoma has not been signed. I would assume that most of the discussion here this morning would center around that proposal of an interim facility t►,at wo„i d be proposed in the Downtown area and this is the real reason that I got involved. The City of Miami has a convention center and unfortunately, for a number of reasons that convention center rather than as projected in the financial projections done of breaking about even on the fourth year and starting to make money on the fifth year. We are now beyond that point and we are subsidizing that facility to the tune of approximately five million dollars a year. That's subsidy. That's money that's going out of this City for just keeping the doors open. There are many reasons and everybody has their opinion as to why, but everyone is in concur- rence that the reason that we are not attracting more conventions, is because we do not within those facilities have exhibition space. For any of you that's ever been involved in conventions know that the exhibitors pay the freight of a convention, that if you don't make it through the exhibitors, then you have to charge it in registration, if you have a high registration people don't attend. Now, the reason this third cent of bed tax was imposed was through the initial efforts of this City to go to the legislature and get it increased fram two cents to three That was passed. We fought like crazy to get it split between Miami Beach and Miami and we lost. Two thirds of that one penny went to Miami Beach and one third came to this City with a proviso that this kind of an authority had to be started and would control. The reason I got involved was that this City has got to have and got to have now an exhibition center. We will continue to pour more subsidy into the Knight Center if in fact we don't do something to address the problem. The proposal that was chosen by this authority as well as this Commission, that of Decoma, is doing what I felt was in reverse of the intent of the law and that is to build the arena first and the exhibition center secend or last. Under that proposal at best, at best we know is not sometimes a reality. The exhibition center would not be canpleted until 1991, five years from today. My conten- tion was then as it is now that in five years we won't need an exhibition center, because our hotels will already been gone into bankruptcy. As armmark on this community one of the finest hotels ever built in this community is now in that process and others are going to go the same way. It was my feeling that we must have some kind of facility and we must have it now. We looked at many sites and many locations. We went through a scenario of different things that could or could not be done and I'm sure you are going to hear a lot of those this morning. We could no long hoodwink people like ASTA. ASTA Conven- tion came here to this City without knowing that their exhibition space was across the street here at the Dinner Key Auditorium and we had to provide buses if anyone wanted to make the trek from down there to here and ASTA said as they left that will never happen again. We want that convention back and yet they are demanding that we must have. Comnissioner Dawkins who was unjustly crucified for going to Cartagena, Colombia and bring ODM to this ccmmmunity, because he supposedly took a free junket which was as ridiculous as could be, brought that to this community and the reason that this City who spent its money to get it, lost it, was because of the need for more exhibi- RT 26 January 9, 1986 0 0 tion space. Now, I say to Your I still and I agree with my friend Tibor Hollo who's contention is that first and foremost it should have been the exhibition center, but the contention also is real from the Sports Authority who says that exhibition centers don't make money, that you have to build the arena first to start a revenue stream to produce the cronies to put UP an exhibition hall. That is where the thinking came from to extract fran this ten million dollars to put up an exhibition facility. The M site which has been named is only because it is the only site that is close by owned by the City of Miami presently. We would not have to add to the cost of aoviring the land. Second of all, even though it is not imm diately adjacent to the Knight Center it is linked by the People Mover starting in March or April of this year. Mayor, I believe that brings you up to speed as far as I can tell you. 'There are many people here who have opposing views. Some for, some against and that's why we are here. I would hope in conclusion of today s discussion to be able to accomplish the following, if my Cannission colleagues agree. One, that we instruct the City Manager to develop or start to develop an RFP for that facility. Two, that a selection process be started to select architects and three, that in compliance with the Charter in reference to waterfront property an appraisal or a financial thing being done be considered and finally, Mr. Mayor, I would insist upon that a public hearing be held possibly next month and let the public have the opportunity to curie and to bid on the procedure. Ana finally, I want to only clear up one myth. Mr. Mayor, a great deal of this has transpired through the holidays. There has been no secret about this matter in any way, shape or form, but there was not a City Commis- sion meeting in which this could be brought to and could be publicly exposed. I am here stating for the record that as far as I'm concerned I would not procede any further without a public hearing, hopefully, next month, but it was only by virtue of the fact of the bonding problems as you are well aware of that took place in New York, that this had to be rushed through over the holidays any that we or will sit backs and listen to those will who want to answer y questions propose. Mayor Suarez: Commissioner Carollo. Mr. Carollo: I think the bottom line is simply this, that either we are going to build this exhibition space or we might as well decide that we are not going to have any kind of respectable hotel industry left in the City of Miami. We are either going to build this space now or if we are going to wait seven, eight years down the line, the hotels that we have been building in the last few years in this community are not going to be there, at least in the ply that we had when we built them. We have occupancy rates right now at most of fifty per cent and many of the hotels in Downtown Miami don't even have that. So, what it cares down to is that we either do this now or we are all not just the hotel people are going to feel the impact of this, not five, ten years down the line, but one year, two years down the line. These hotels provide thousands of jobs for this cammunity. In return all of that provides a tremendous tax base for our city and for us to sit back and keep waiting and waiting, it's just helping in our own destruction. So, I don't think we have any choice, but to got ahead and to insist and make sure that this facility will be built in the next year. Ms. Kennedy: I understand the reasons that you cited Commissioner Plumrmer for the FDC facility but my question is do we really like to put this kind of facility by the bay' Mr. Plummer: Well, to my colleague, I think that as I said before, the reason that we are putting it in that particular location, it is the only parcel that is anywhere contiguous that the City already owns and if you went any... sure, of course, the place I would love to have it is next door to the Knight Center where people could stay under one roof, but I think, the Worth Carpany has property immediate and they are talking four hundred million dollars. I want YOU to know that I'm not wed to this site if there was one available that could for exa-nple be contiguous to the People Mover or in some way that people would feel that it's reasonably accessible, but the FDC site was the only one that we could find that met the necessity of the space involved. You are going to hear this morning that there can be-- I think you are going to hear--- there is a lot of uses besides an exhibition center that this thing can be used for. Mr. � Sanchez � � re, he used b 1Ba s de,� that theyThere will have need e of the need I'm sure that's going Y Y 27 January 9, 1966 RT for such a facility or parts of that facility. I don't }mow of any other location, I'm willing to listen, if there is another location that could be utilized, but we were talking about... my greatest fear Rosario, I will express to you. I don't know that we can build a decent facility of two hundred thousand square feet for ten million dollars and the one thing I'm not doing to stand still for is to build as ccnrionly referred to as a warehouse.. Now, you know, please, all I'm saying is in my estimation the need is there. It has been demonstrated that the need is there. The ten million dollars is now available. So, that's where I bring it to this table what this Commission in its wisdom decides to do will be by majority vote, but at least I had to fight to get it to that point that we have the monies available. Mayor Suarez: Just for the record I want to... in case we have a misconcep- tion. The Worth and Company project in Dupont Plaza will cost about four hundred million dollars. I don't think anyone has proposed that the two lots next to the James L. Knight would cost four hundred million dollars to pur- chase. So, I want to correct that misimpression possibly Commissioner. Mr. Plummer: No, excuse me. I was only basing that on that you can image what a four hundred million dollar project would cost... is the reality, what a square foot would cost as to property. The biggest mistake this Commission ever made and I have to admit it is not buying the Bouder College. We could have bought it for a million dollars and we didn't do it. Mr. Dawkins: The second mistake they made was financing the Hyatt Hotel, because right now... Mr. Plummer: We can argue as to what you second. Mr. Dawkins: OK. But Mr. Mayor, I have to agree with J. L. Plumper. Dis- agree with him. We are going to be financing the Hyatt as long as it's there because of the sweetheart deal with which this City entered into with the owner. Now, the press really needs to get that printed and see that it will be forty years from today before Hyatt ever say he is going to start paying any rent. He has got to make "X" number of dollars and they... I now the way they have calculated it it's impossible. So, J. L., be prepared as long as you are here to subsidize it. Mr. Plummer: Well, excuse me, Commissioner Dawkins, if I'm not mistaken we are not subsidizing the hotel itself. We are not making any money from it. Mr. Dawkins: J. L. Plummer, it's semantics. You did not... they would not have gotten the hotel without your financing the bonds and when I say your, I mean the Ca mission. Nor would they have gotten... built a hotel without your providing the parking garage which we are subsidizing. so, you can turn it any way you want, they got a sweetheart deal. Mr. Plummer: of which J. L. Plummer voted against if you will go back to the record. Mr. Dawkins: Well, J. L., you have been just like me on the losing side of some votes up here. OK. Ms. Kennedy: Now, now, boys. Mr. Dawkins: No, you weren't here. You and I weren't here. But Madam City Attorney, the sports Authority has a position that I have a problem with. Now, how do we do one or two things? Regain the power where we can say what can be done with ad valorem taxes or what? Fran the Sport Authority. Ms. Dougherty: These are not ad valorem taxes. They are... Mr. Dawkins: What pay the debit service on bonds? Mr. Plummer: This money, Commissioner Dawkins, is caning from the third cent of the bed tax. Mr. Dawkins: OK. Well, all right. Well, who pay the bed tax? Mr. Plusmier: The hotel people and the Downtown... RT 4.1 January 9, 1986 E il Mr. Dawkins: right? Mr. Plunner: And the people who wane in... the people who cane in here, gut it's not ad valorem. It's not the property owner. Mr. Dawkins: But it's tax... people money. OK. Suarez: And it's money that would otherwise be available to the City Mayor as long as they are of charactero for other things Presumably So, all I want to know is how do I let the Sports Authority know Mr. Dawkins: here what they want to do with the money? that they cannot dictate to me up That easy OK. The City still retains two controls. one? �'- Ntr• Plummer: give then a zero budget next Year - Mr. their budget. We can Mr. Dawkins: And that will wipe them out. OK. Well, let's... all right, where is the budget director? We got another zinger Mr. pl�r : Now, wait a minute, we got another one. in there. Mr. Dawkins: OK. � Nine tell all nine merpbers••• Is there nine? fixate Mr . plu-r : We c cul today here and present them with a oerti members. we can line them right up of appreciation and thank them for their service and reappoint the new board. They serve at the... J. L. Mr. Dawkins: But the new board will have the same Powers Mr. Plumper: Yes. but they will got with different marching orders. �' will rMember these nine that got eert'ficates. Mr. Dawkins: And the reason I have a problem with it... control and we have. Now That's your answerThat the °� y did pass that this Mr. Plum : when I went before ore them► they let me say in all honesty They passed that there own board ► that C�nission would have approval. of those monies were spent or this Cetmi ssion would hold apprOval before any we hold is their allocated► but to answer your question the only ! budget and their members. They know my Well , I have already sent a letter to them.Mr. Dawkins: CK• They went to New York and sold bonds and displeasure, but I will say it here. its Authority or the arena did I said fran day one up here that before this participation plan. I have been anything, I wanted to see their minority -ports Authority went and sold that every since I have been here. ocn� back and tell me that they Saying of bonds and cent set aside. forty-three million dollars worth The City has a seventeen per do about it gave ten per cent to t our minority aside and there is nothing I can do L. says, try to get three votes not They didn t even mee � get three votes not have done it. But like J. •• because they the City or �' of Miami and all to give then the land, butthen build the arena► I hurt the City to give them a contract to tell Decema and the rest of avoided. But I'm going ssicn, this could ;�� been to let anything be heard in front of ��� o� up the:p now, Jim not going privilege that's given to ever' the further because I i m going to use the P for further information and here, the right to continue something et here is your minority inwlvement information I'm going to need when they g ain't no,* that ten Per no nothing• See. And I want yes, Ma am, and participation plan and I have got ­ Yes, t to know Dent, ain't no ladies, no Blacks, no ins about building a temporary facility, I wan when you started talking to use it for and if you can't build a what temporary is and what we are going ent facility. 'There tepporary facility that you can add onto and have a Permanent to walk away is no sense in Putting ten million dollars there and You going state in it u cane back with your RFP, g you are from it► but when y° of to have. How many local builders y how nary minorities you are g We have got local architects' W going to have. We have local engineers. who have got local builders, local general contractors. Z don't need nobody 29 January 9, 1986 RT Is I has got to cane here from Connecticut to build no building and take the money back to Connecticut. See. And every time you guys bring me even the worth many... you ranember the memo... the letter we got from the Worth Carcgaany. New York, but yet... ,body on there is fran Massachusetts, Connecticut and and then they tell me about I'm going to give you, your oannanity five hundred permanent jobs. They took all the money out of here. So, be sure that when these things = e in these are the things I as one Commissioner will be looking for and I think I sense the consensus up here among all five of us that this is what we want for the City. And another thing G°'rnis�t ifoner Kennedy, I too think that we should not utilize the Bayfront property, we are going to do something for Bayside, we have got to do things that will enhance Bayside and not hurt it and if we put this exhibition center there the Bayside project may benefit more than we will because individuals from the convention center may walk into Bayside and spend money in the specialty shops. So, this is something else that we have to weigh as when we talk about what's for the betterment of the City of —yes --of what we have. Mayor Suarez: I want to add to those concerns a couple of others. I have previously asked the Sports Authority representatives to explain to me and the Decoma people to explain to me about that 8.5 million dollar seed money that they are supposed to put in and how it's supposed to be cashed, equity investment in the Sports Arena and so far the response has been that bond i s the to the same Alma Mater and I should understand that a per formance same as cash and I don't understand that and I was not taught that at Harvard or any place else. So, you might want to try to give me a technical response to that question. I do want to see as far as all of these people who are building projects in our City using public exemptions or bonds or properties or condemnation pagers or whatever that they put same of their own cash and I have seen it in the case of the Sports Arena and I have been fighting it out with the people on the Rouse Company as to exactly how nuch they have invested in cash and I would like to see that. We do have a question as to the... whether it would be proper in view of the condemnation of the FBC property. It dragged on for I don't how many years to use that property particular for lan opinion exhibi- tion hall. I am informed by the City Attorney that that Pait to the has been given to us already. If so, if we could get a copy effect that it is legal and proper to use it for that. The project itself from my particular standpoint Ron and the rest of you, Monty, sounds like a magnifioent idea. We have to make sure though, that we are acting legally of view of the number of years it took to acquire that property and in view of may be other legal restrictions. Finally► I want to say samething in regards to the use of that tract which will apparently fit into the exhibition hall and it is my hope that there will be public access to that tract for Bayshore Drive type purposes access to the bay itself for fishing, shrimping and all the other things that people do in those two parks and as long as that very nice tract has been built it would seem to me that auta obiles ought to be able to use it during the time that the tract is now being used and if not pedestrians... some kind of public use other than the tract being used during a couple of days in a year and... Mr. Plummer: Mr. Mayorp we have a complete plan which was submitted at the time that the tract was submitted and it is with the administration. The course in no way would be used by vehicular traffic. it would create not only a safety problem in there, but in many of the places we made the tract and differed the tract so that we could have tennis courts, volleyball, bas- ketball and things of that nature in that particular area. We will sit down as soon as the race is aver and start to hopefully, if we have the money to implement the different public facilities that will be used on that tract and I will be glad to forward a copy of that plan to you. Mayor Suarez: Yes, it doesn't have to be an autormbile, it could be a variety of different vehicles that people could be transported around at and as away of having access and I know that parking in both of those sites is very insufficient and we have to make sure the people can get to the bay that we haven't blocked that t may bay in order to not be what all theve a once a year event and an peoplof Miami wanto use and exhibition hallY certainly was not the original intended use for the property. . Mr. Carollo: Xavier, I think I finally have the solution for it and get same vehicles in there. We got these little go carts in Coconut Grove that they ride,... 30 January 9, 1986 RT 10) 0) Mayor Suarez: Rickshaws. The Rickshaws. Mr. Carollo: Rickshaws. There you go. We could transfer them all over there and get them off the streets. Mayor Suarez: There has got to be a way to get people from all of these projects from one to the other to tell you the truth and we have to figure out a way to do that too. In addition to public access. Mr. Carollo: Seriously, that would be an ideal place for them. Mayor Suarez: Frankly► I don't see how we can move on this. Was it anyone's expectation that we take any kind of a vote? Mr. Plummer: Well, Mr. Mayor, I expressed what I would hope that the action that we could take today. Mayor Suarez: Can you read that. Do you have a mention already? Mr. Plumper: No, I don't have a... my motion would just be simply that the administration be instructed to start developing, not to complete an RFP that possibly that they could start the process. As you know, we have a process to go through for the selection of architects. The selection process for feasi- bility so that we will have that � 13th.r the public no definitive action to and I would make a motion on February be taken today. In other words,... Mayor Suarez: Any further discussion fran the CoRmission? Mr. Carollo: Well, I think it's acceptable, but I... Well, there is a motion. I'm seconding that for discussion. Mayor Suarez: We have no pending motion* mt. plumper: No, I made that in the form of a motion. Mr. Carollo: Yes, he made it in the form of a motion. Second it. Open for discussion. I would like to take it one step further, J. L. There is h lot of possible conventions I think, that we can begin to acquire now if they were to feel comfortable that we will have this space in the very near future. I would like to maybe make a motion in principle, after this one, that it is the intention of this Commission to go ahead with the constriction of two hundred thousand square feet of space in Downtown Miami. Mr. Plummer: Well, Joe, let mmme tell you my only problem with that as I expressed previously. My fear is that we are not going to be able to build the two hundred thousand square feet for the ten million dollars and that's what these studies would produce. We don't any of use want to have anything there in the gateway, the door to our City, that is going to be less than respectable. You might have to cut down on the square footage. Mr. Carollo: Again, we don't have to specify the square footage in this motion and it is a motion in principle. What I'mn trying to do is give some of our convention people sanething to use as leverage with some of the oonven- tions they are trying to acquire now. Mr. Plummer: that we imeport mediately lytI saw showed that I would be to vie for nfortytseven more if we harl this facility conventions than what... Mr. Carollo: At least that. Mr. Plummmmer: How many? Forty. There would be forty more conventions that we today can't even hope to get because we don't have the facility and if what your motion in principle is is to ask the administration to start gearing up for something on the public hearing to keep that in mind and how we would go about it without any definite answers being cane forth before the public hearing, but just be prepared to speak to it. I think that's in accord. RT 31 January 9, 1986 Mr. Carollo: Well ► I just `cant to give J. L. , sorm�thing more for our person- to acquire some of these conventions to hang their nel that's out there trying q it organized manner making hat on and I know that we have to go about it in an ve the final vote, but sure that we have all our information before we can g' at the same time I think that we are going to find out that we are going to be to able to construct this and the construction time h tt we o a t� babgths oing a�year be seeing is somewhere in the neighborhood o y maxi_Tmrn. { Mr. Plummer: I would hope you are correct, but I think that I must interject that it's twelve to eighteen and I think that's from the day that you putt the first shovel in the ground► but that was one of the key factors ta1199you have a facility open within an eighteen month per' od of Mr. Carollo: Well, Skip. The figures that we went over. Mr. J. J. Sheppard: My name is J. J. Sheppard. Mr. Carollo: J. J.? I Mr. Sheppard. Yes. For the record, we have a presentation to make to you this morning which will answer all the questions if you will bear with us. Mr. Plummer: Skippy, my only problem with that, you know, I have seen your presentation, basically and I think where we are going to have a public hearing, it would toe better that it be done at a public hearing. I mean► You know, unless you want to cane back and do it a second time. Mayor Suarez: You have missed some Cannissioners and you might want to give than a private presentation in advance of that meeting so that...the hearing► so that they can be more aware and ask specific questions they might have in mind. It probably is not the proper time now to engage in a full fledge... if you want to say something briefly to the questions that have been raised. Sheppard: No, that up to you. If you feel that you don't want to make Mr. esI want to bear out what Ca�mmis- a presentation today... I just want one thing, sioner Plummer said about eeonanics. The Dupont Plaza Hotel has felt it greatly. In 1982, the owners of the hotel arranged for me to have a eight million dollar letter ofso,,r that, s the ch m• money That have ost tin thethree down to one million. years. Mayor Suarez: What is your occupancy rate now just out of curiosity? Mr. Sheppard: The rate? Mayor Suarez: Occupancy rate or vacancy rate. Mr. Sheppard: He asked for the rate. Mayor Suarez: Occupancy - Mr. Pl=ner : occupancy rate. Mr. Sheppard: About forty per cent. Less than half. Mr. Plummm►er: Would you like to rent the City the other sixty per cent for an exhibition center? Mr. Sheppard: Yes. No, we have a good presentation, but I think if... Rennie, you want to have something to say... can you give us about five minutes? Mr. Carollo: I think that's reasonable. Ms. Kennedy: Let me just say for the record Mr. Mayor, that I checked with the City Attorney and I have a conflict of interest in voting on this project, but I would like away... I'm going to abstain from all discussions here today, but I would like privately to see your presentation. n RT 11 32 January 9, 1986 -1 1 Mayor Suarez: W the way Ron, when You eventually tell us has many more conventions, we should be able to get with this facility. As I mentioned to you yesterday► I think you shou ld do it in terms of a percentage of the national conventions, because that's the way we have been considering than in and if you can't the past and not as a total numbers or give us both figuresand please can't give them to us today► give them to us at the public hearing 7 address things that we have mentioned► because We r atlthee�xtd meet on the agenda. We will have full fledged public hearing Mr. Ronald Fine: Mr. Mayor, we just want to copplete the background and to clear up some of the misinformation that has been reported in the media, t taxwas so that we focus on the facts of what really exist. The three per me created by the hotel industry under the leadership of the Downtown hotels and it produces the money that the Sports Authority uses to bond the arena and also, to set aside as a grant coming to the City of ten million dollars to build this exhibition center that the Downtown hoteliers are marec=Tencl es based on the study that they did with their convention rketing and staff in conjunction with the City of Miami Convent on footau exhibition hcenreruit of that study is that a two hundred thousand square th center in Downtown Miami would create forty new conventions thousand roan nights which 1987/88 which would create three hundred yhdred translates into eighteen million dollars in new hotel sales and nine undred thousand dollars in new convention roan tax. So that the building h exhibition center will be (a) It will give the City a free ten million dollar exhibition center. (b) The new business brought in through opening the center will in effect replace the ten million dollars to the Sports Authority. SOr it won't hold them up frown continuing taAmrds their permanent Mayor Suarez: It's not really free. As commissioner Dawkins pointed out, it would be a return on bed tax monies in effect, but... Mr. Fine: Well, to the City the money doesn't have to be repaid in terms of debt service. So, it's a grant of the City of ten million dollars from the Sports Authority. Mayor Suarez: It's like an accumulation of monies already that we don't have to be concerned about in the future. Mr. Fine: Right. It's money that was created by the hotels from the roan tax that is being funneled to the City and so it's unlike the Knight Conference Center where you are paying debt service and that's what's hurting them. Mr. Plummer: Well, there is two other main considerations there. The hote- liers have already pledged that if this facility were to be built, tha f ththee will not donate, they will give a revenue stream of ten per cent ill not business that's derived there from back for the operating mainte- nance of this facility as well as you would be increasing the amount of bed tax by more hotel pimple and would in fact be producing more one third of the So, I think third cent. ink that's very important to realize, because many you know, where is the subsidy going to Om -le from for people have questioned, this thing. .Fi �: The end thing that nsultaI would like to say is that the funds accord- nts that the hoteliers have used will build a permanent ing to the co building that will be sufficient for the attractions of conventions. Ihaav noticed in the paper things about ine sufficient air conditioning► no phones, , nor it,s architectural etc. That information did not came from the Note clear that this will be a construction consultants and so I want to be very building that the City will be proud of. It will be functional and it will do the job and so I want to get that cleared up before we continue another two weeks. Mr. plu mer: Make the record replete That study came fran the same group who told us that it the Knight Center we would break even and start making money on the fourth year, same group of people from Coral Gables. Mr. Fine: The last point I would like to make, Mayor... Mayor Suarez: Th rmanent character of the exhibition hall as proposed is one that you ought to be ready to lain to everyone including the Cz s- 33 RT January 9, 1986 I K sion, because the impression is as you know, even your plans had the word interim on there and in that it's a blown -up type structure as opposed to a real solid structure and we ought to make those points very clear by the public hearing time. Mr. Fine: Yes, the building is permanent► all the systems are permanent. The roof system is a twenty year bondable roof system and so it meets all of those requirements. Now, the urgency of time is really what we wanted to address and we have here just... I would like to ask for the hotel executives that we invited to come down to the Canni.ssion this morning in support e of our pro- posal to please stand if they are in the audience. e all key management hotel executives from the Downtown hotels who are here to impress upon you the essence of urgency of ccmpleting this matter and moving forward with the comTencements of an exhibition center. Thank you very much. Mayor Suarez: Ron, so we can get on. Mr. Fine: I just want to... one more point. I want to also ask to stand the representatives of the Downtown Businessmen Association who are here in support of this proposal to urge the Commission to move rapidly on cxmTencing construction of this. If they would please stand. So, I would like to say that we came prepared to answer all the questions today in the urgency of having the City move forward. The reason for it is, is that our consultants believe that this facility can be built and completed within one year and because of the City agreement and lease on this property, it has to be done between the Grand Prix races and it would be important to be able to fast track this job and to start construction on March 3rd of this year and we want to urge the City to consider instructing the City Manager to come back here at the next meeting that he can with a plan that might achieve that for you. Mayor Suarez: Ran, you have heard a lot of reservations expressed over the course of the last twenty minutes or half hour, whatever it has been. You have got a lot of homework to do in the next month iyou �s projeess ct to move as fast as you would like. I would strongly suggestetrents. The of them during the next month, including the minority requirements. concept that people from out of gown will be building a project that by... Mr. Fine: Nobody from out of town has intended to build this project. Mayor Suarez: Excuse me, Ron. That the possibility that because of the specifications being of a unique character no one from in town can build it and just address all of those things prior to the public hearing if you would. Mr. Dawkins: I need two things. I'm sorry that I wasn't in here. What are we going to do with it if we build another convention center, what would we do with the ten million dollar structure? Mr. Fine: You would use it for other uses. Mr. Dawkins: What other uses can you use a convention center for but conven- tion centers? Mr. Fine: Well, it's a thirty-five... it's a two hundred thousand square foot building, thirty-five feet high, clear span, air conditioned and lit and it can have a whole variety of uses for this ccmnanity. We need space. Mr. Dawkins: OK. All I need to do is have those explained. That's all. Mayor Suarez: Yes, we will need to know what those are. Mr. Dawkins: OK. Thank you. Mayor Suarez: We have a couple of caveats that want to be expressed by Ted Hollo. Would you please make it quick. We have to open bids very soon. Mr. Dawkins: Welcome back, glad to see you out of the hospital. Mr. Ted Hollo: Thank you. Honorable Mayor, Honorable members of the Commis- sion, I would like to just bring to ayour u tentare onthe constituted a couple oVvemberery s of issues, but very big issues to you yo 34 January 9, 1986 RT AOW AO leading the City. I would like to state to you that the Sports Authority in their infinite wisdom decided that arena is most important and the exhibit house is secondly important. You have seen the importance of the exhibit hall and I congratulate all of you on it. You all expressed the interest in it. However, vnportant for you to note that if you ask a repeat study by any of the examining agencies such as Levanthal and Harwath► such as Foster, you will find that arenas are profit making situations, profit making businesses. You are a little bit hoodwinked in our city to ask a profit making enterprise an arena to be built on public money that will side aside for an exhibit hall and you are ready to condone thirty -eighty million dollars Sports Authority for a profit making institution and just set aside ten million dollars for an exhibit center. Maybe between now and Flebruary 13th a study can he found, an economic study, a feasibility study that an arena can make money. So, why not then the private enterprise put up that money to build that arena if they are so desirous and not take funds from our city, because Dawkins is right. Cammmission Dawkins stated it, that it is caning from out of our City and indeed just for your information the Marriott Corporation and Omni contributed twenty-five per cent of that one penny bed tax to this facility and they contributed it because they honestly believe there is going to be an exhibit center in the City of Miami. Item one. Item two, is I would like to bring to your attention, I have spent a year and a half of my life of exploring exhibit centers. I was one of the respondents and I can tell you that a cut of the price of ninety-six million dollars was the cost of a two hundred fifty thousand square foot exhibit center. That's what it cost. I was going to put forty million dollars private funds, my own funds in to that and the rest of it would have been bond issued fray the City. It's on the record. Mr. Carollo: That included the land, Ted? Mr. Hollo: That included ten million dollars worth of land. So, eighty-six million dollars was the cost of the center. I just would like you to know that ten million dollars will get you no where, because proper light, audio visual and ceiling quadration alone, not roof, veiling quadration for two hundred thousand square feet cost sixteen million dollars. Nothing to do with the structure of the building. Sam Addler has built in 1982 and couple hundred thousand square feet of facilities at Palmetto Expressway, warehouses, pure warehouses. It cost him more than fifty dollars a square foot. Pure warehouses, that's all that you will get for ten million dollars, two hundred thousand square feet of warehouse, probably not even air conditioned, maybe air conditioned, but not a facility and people in the industry who are award- ing conventions to cities, to areas they are no fools. They won't walk into a warehouse and say "hey that is a convention facility." They will want the most modern state of the art facility when they bring their conventions therm At least they will want audio visual capabilities. You will not have it. will cost you sixteen million dollars for outfitting properly two hundred thousand square feet not counting the building, not counting finance cost or anything else. Thank you for giving me the opportunity to bring it to your attention. Mayor Suarez: Thank you, Mr. Hollo. We will obviously, continue considering this question at the next meeting at a public hearing so advertisers. We would appreciate if you would hold your ccmmments until then. That doesn't mean that we are not opened to whatever inputs you have during that period of time. Mr. Plummer: Mr. Mayor, jurist to clarify on my motion when I asked for a feasibility study. That is a feasibility of the structure and financing, but as well Mr,. Manager, that feasibility study would be the feasibility from nationwide as to the availability and the feasibility of the use of this facility. Just to clarify my motion. Mayor Suarez: I Please call the roll. fr; 35 January 9, 1986 RT If I I The following motion was introduced by Commissioner Plumyar, who moved its adoption: MOTION NO. 86-16 A MOTION INSTRUCTING THE CITY MANAGER TO BEGIN THE R.F.P. PROCESS REDWING THE PROPOSED E 0IBITION HALL FACILITY INCLUDING THE ASPECT REGARDING ARCHITECTURAL SERVICES; FURTHER INSTRUCTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY PRIOR TO FEBRUARY 13TH WHICH WOULD CONSIDER THE ASPECTS OF STRUCTURE, FINANC- ING FEASIBILITY AS WELL AS THE NATIONWIDE AVAILABILITY AND. USE OF SIMILAR TYPE FACILITIES;P�FUR'� OWN THE CITY MANAGER TO SCHEDULE FEBRUARY 13TH IN ORDER THAT THE PUBLIC MAY HAVE AN OPPORTUNITY TO GIVE THE CITY COMMSSION THE BENEFIT OF THEIR INPUT; AND FURTHER DIRECTING THE CITY MANAGER TO COME BACK WITH HIS RDCOAL►MMTIONS AT THE TIME OF THE PUBLIC HEARING. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Camii.ssioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice-Myor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ABSTAINING: Cammissioner Rosario Kennedy 11. OPEN BIDS FOR CITYWIDE SANITARY SEWER IMPROVE ENTS- N.W. 47 AVE/B-5521 Mayor Suarez: Madam City Attorney, the fact that we must open up bids no earlier than 11 A.M. does not mean that they must be at exactly 11, does it? Ms. Dougherty: That's correct, but they should be as close to 11 as possible. Mayor Suarez: 0K. That's what I was going to ask you, how much range do we have on that. Are we within that? Ms. Dougherty: Yes. Ms. Hirai: For Agenda Item 35, sealed bids for construction on Citywide Sanitary Sewer Extensions Improvement, Northwest 47Avenue Project $274, 9, alternateB5521. base First bid from Lanzo Construction Ccmpany, bar& Sons, bid $265,191, additive bid $4,000.00. Second bid from Alfred Lloyd Inc., base bid $335,371.00, alternate base bid $324,714, additive bid $12,000.00. The next bid is from Woodwyn, Inc., base bid $658,245, alternate base bid $650,900, additive bid $25,000.00. Those are all the bids for Agenda Item 35, Mr. Mayor. j Mayor Suarez: What was the estimate of that? Our own estimate? Ms. Hirai: Mr. Cather? i Mr. Lather: $268,000, plus estimated — Mayor Suarez: What is the low bid? Mr. Cather: apparently. RT Construction cost was $268,870. . 36 The low bid was $274,5691 January 9, 1986 The follow7ing motion was introduced by ccrrrn.ssioner PlumTer who moved its adoption: M7TIC)N ND. 86-17.1 A MOTION TO OPEN SEALED BIDS FOR THE aDNSTRUCTION OF CI7PAIIDE SANITARY SE4�TER EXTENSIONS IMpRUvVAE 1T - N.W. 47 AVENUE /8-5521; FURTHER DIRECTIZ THE CITY CLERK FORZ SAID BIDS TO THE AtiMMSTRATION FOR PROPER TABULATION OF SAME. Upon being seconded by Gomaissioner Dawkins► the motion was Passed and adopted by the following vote: AYES; C massioner Joe Carollo Crnmissioner J. L. PlUmrer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. OPEN, READ BIDS FOR DOWN'IC7WN HIC W S- PHASE I%B-4498. Ms. Hirai: Next are sealed bids for construction of Downtown Highway Improve- ment Phase I - Project 8-4498. First bid otal iafrom2 O International' Next bid is from total bid $1,663, 992.25, alternate bid $1, 696, 030.00, alternate total bid Marks Brothers Company ► Inc., total bid $1,695,316.00. Next bid fran Williams Paving Campany► $1,523,336.52, alternate total bid $1,594,736.52 t otal b a,f$95 844 02. struction, Ins., total bid $1,930,044.02, alternate the bids on the second item. Mr. Mayor, those are all Mayor Suarez: Can you give me the low bid once again and the estimate? 4 Mr. Cattier: The estimated construction cost was $1,450,000. 1 Mayor Suarez: What was the lowest bid? s Mr. Cattier: Apparently, it was $1,523,000. i Mr. Plummer:Haw does that canpare with the projection? Mr. Gather; $1,523,000, $1,450,000 engineer's estimate. Mayor Suarez: We are two for two for under estimating. Mayor, let me just put on the record why we have a law here Mr. Pltunner: you, and I want to put on the record, it is for a second. As I indicated to My hopes and desires to leave her inarat �?n Orlando. So I'I will betleaving City in a Bond 0�� this afternoon. urance hopefully, by Mr. Cattier: Mr. John Taylor, would he cane to the podium please? Mr. Dawkins: Where is the builder Ofs�s west Street.t 7th Bring Min back in here please. Hey, the builder of Ms. Hirai: Mr. Mayor? Mayor Suarez: Yes. Ms. Hirai: We need a motion to close these bids and forward them- . RT 37 January 91 1986 I J Mr. Dawkins: Bring the builder back of Southwest 7th Street. Mr. Plulmer: So move. Mayor Suarez: Is Mr.... Excuse me, Madam Clerk. If Mr. Garcia Allen is on his way out, I would suggest he care back so that we can discuss the construc- tion taking place on Southwest 7th Street that his canpany has been involved in. Madam. Mr. PlunTer: I move the acceptance of the bids. Mr. Dawkins: Second. The following motion was introduced by Commissioner Plummier, who moved its adoption: MOTION No. 86-17.2 A MOTION TO OPEN SEALED BIDS FOR THEE 1RUGTBO 9OF DOW E? )M HIGHWAY IMPRMEMWr FURTHER DIRECTING THE CITY CLERK To FORWARD SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME. Upon being seconded by Cvnnissioner Dawkins, the motion was passed and adopted by the followinq vote - Aye; Commissioner Joe Carollo commissioner J. L. Plunner, Jr. Ca missioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES; None. ABSERr: None. 13. DISCUSSION REGARDING DELAYS IN ROAD CONSTRUCTION PROTECTS. Mayor Suarez: In fact, we are now back to Item "F", which is the discussion of delays in the road construction projects and I don't know if we lost Garcia Allen in the process. Is anyone here. The architects maybe. Mr. Benin. Carlos Benen, would you get him officer? He is right behind YOU. hfio do we hear from on this matter? Mr. John Taylor: I'm John Taylor, Deputy Assistant Secretary of the Depart- ment of Transportation. Mr. Dawkins: Fine, sir. Mayor Suarez: very good. Mr. Dawkins: I would like to know why is it that the State of Florida alllowss contractors to tear up the City of Miami streets, leave them torn up for y ear on and nothing be done about it, and then turn right around and give that same contractor another contract? Mr. Taylor: Well, Commissioner, we are... The contractor that is currently u enttlyy und working on 7th Street is working on a State road. He is working our control. We have a consulting firm. The firm of Keith & Schnars who is representative of Mr. Carlos Benin who is here today. We feel like that that we did have sane problems early on in construction, many of those problems were out of the control of both the department and the contractor. They were associated with issues of utilities and other items that were unforeseen. We feel like we are back in fairly decent control of the job now and feel like over the last six months, that things have that the job has certainly improved gotten significantly better during that time frame. RT 38 January 9, 1986 I "I Street ��,ns: But sir, we are tearing... we already have Southwestt7oth ear up torn up. Before we finish Southwest 7th Street we are going Southwest 8th Street - Mr. Planner: No, it's already torn up. Ms Kennedy: It's already torn. two main arteries ..• one of them is one Mr. Dawkins: Yes, see. Now► we got east. Nowt we got... and they way going west, one of then is one way going are back to back and we got them both torn up. Mr. . Taylor: But they are part of the same job . They are both apart of U 41. Mr. Dawkins: Yes, they are part of the sane job sir, but because the doesn't ual �itno made them part of the same job does not live in Miami,, it doesn't affect him and he don't give a damn. ODIC. Now, I live here, so I m affected. see, and I don't know who to go to to get him dawn hereto saw ow job him what he has done to me, whoever this is that made them part Mr. Taylor: Well, we are responsible for making them part of the same job. Mr. Dw*tins: All right, ok, then you have been out there. Right, sir? Mr. Taylor: yes, sir. Mr. Dawkins: Now, you see the problem that it has created. do to correct it, sir? 'n to complete that job just as quickly as we Naw, what do we Mr. Taylor: Well, we are tryi g can. ' We ve... Mr. Dawkins: Well, why start... I mean► I... you know, I'm not argent that with you, I'm just trying to get some understanding. What other urgent , since we have got to start the other one without comp it's one job? Mr. Taylor: The portion of 7th Street that is east of Southwest 2nd Avenue is complete. In fact, the portion of 7th Street... Ma or Suarez: How far is 7th Street completed now? To the expressway? Y or Suarez and Commissioners, ml' name is Carlos Henn and M Carlos Rerun• May s who is the consultant for Florida Deft I'm representing Keith & Schnar of Transportation. Mr. Dawkins: How much money does the consultant get out of this? Mr. Benin: par contract is... our contract sum is four hundred sixty thousand dollars for the... Mr. Dawkins: For the total... for both jobs? Benin: For the total of both jobs for a twenty month duration. Mr. Dawkins: Twenty months. mr. Benin: Yes, sir. Mr. Dawkins: OK. Thank You. Mr. Benin: And we have a personnel and staff of ten engineers on the site at all tunes. It's a full-time job. Mayor Suarez: What is the projected time of completion of the 7th Street Improvement all the way up to 27th Avenue is it? Mr. Benin: Yes, sir. Right now the... 39 RT January 9, 1986 I ,7 Mayor Suarez: And number one- trait wait —and number two, what is the you and I have been having it out cn this. You knew, Comnissioner know► Y where I have my law practice that I haven't been paying a Dawkins► my building because great deal of attention to is surrounded by moth of these of proj�s► until I cane in on Southwest 8th Street and I leave on Southwest 7th Street up the time that you decided to destroy both of them at the same time and eventu- ally reconstruct them. So, I'm particularly concerned with the time of completion, but I know the citizens are even more concerned and should be. Can you give us the estimates, Carlos ► on how long it will take tote it c theme Southwest 7th Street up to certain points and then to carp Mr, Benin: OK. The first thing that we had to do in order to minimize the impact on the residents was to stop the contractors operations on Southwest 22nd Avenue. We did that in September in order to minimize the impact which he had twenty at that time had gone from 2nd Avenue to 22nd Avenue•leted�with asphalt up blocks that were affected at one time. He has now corms to 17th Avenue and has proceeded west of 17th Avenue up to 19th Avenue with the roadway construction. At that same time he started on the other side of the project which is Southwest 8th Streetrromm effectively f kell Avenue. Southwest...Z ' s a four cuss me, yes, Southwest 3rd Avenue headig one and p� four at the same time phase program that we had to start phase so that he can complete them in a relatively short time. The dilemma that we faced in this thing or that the contractors faced is it's the extension of time throughout f-bp r rn;r:+ + r sacrificing that versus him working on a number of phases at the same time. So, it was a trade off between trying to minimize the impact versus extending the project. Mr. Dawkins: Are you a local firm? Mr. Benin: Yes, sir. Mr. Dawkins: You live in Miami.? Mr. Benin: Yes, sir. Well, I... Mr. Dawkins: And all the people who are with you live in Miami? Mr. Benin: Yes, sir. My office is... Mr. Dawkins: My apology to you, sir. Mr. Benin: My office is.... Mr. Dawkins: This is the culprit. OK. And you should take a part of their four hundred thousand dollar consultant fee for nonccmpliance and not fulfill- ing their job with you, because had they advised you as consultants correctly, you and I wouldn't be standing up here arguing about something that they should advise you not to do. Mr. Taylor: In defense of Keith & Schnars, they are building the job in accordance... Mr. Dawkins: Well, hell, then you are a part of it too, then. Mr. Taylor: Yes, sir. Mr. Dawkins: Hell, that's right, both of you then. Mr. Taylor: In accordance... Mr. Dawkins: : Because even if he had advised you or consulted with you, you would have still did went you d of matt done. So, we don't need to discuss it no more, sir. That's Mayor Suarez: The one thing we would like the department to do, if you would, ' is to consult with us if you would, as to whether the trade of f that Carlos mentioned is really a trade off that we would like done. In let the entire maybe we would rather you take a little longer than to comp thing than to do two parts of the project at the same time, which happen to I E1Iy 41 40 January 9, 1986 -) " really make impassable an area of Brickell and Downtown and in Little Havana. So, you might want to consider that for the next project. Mr. Benin: one last thing to clarify the record, Carmnissioner Dawkins, the... my firm Keith & Schnars received the construction packag�e after hangedan hing was designed and was implemented. So, it's not our part to Mr. Dawkins: That's why I told him there is no sense in discussing nothing else. You were right. You are not in it. They are responsible. Mr. Taylor: The department is responsible for the phasing of the contract, and the phasing of the contract � fairly to e extensively reviewed with the City, with the County beforePu Mayor Suarez: Who from the City? Not the Cam-nission. Mr. Taylor: No, not the Comnission. But it was reviewed, it was... Mr. Dawkins: You see, we are in a bind , Mr. Mayor. All they are saying to you is that the State of Florida got "X" number of dollars that they give to the Department of Transportation and we decide what we are going to do who it. Now► if you don't want it at this time we will go find and suffer or will take it. So, now, you either take what we are giving y U nd we will take the money and go some place else. That's all. That's the attitude, you know. Mr. Plummer: Let me ask t 7th Street was? s Southwest 8th Street going to be torn up as bad as Southwest portion east of 3rd Avenue will be torn up similarly, but we Mr. Taylor: The hope that we won't be opening the road up all the way across at the same time. Mr. Plummer: Well, what I'm ... I'm talk... What about from 3rd Avenue West? Mr. Taylor: There is no improvements to 8th Street from 3rd Avenue West to 27th Avenue. Mr. Plummer: Thank Cod. ting the feeling of the C rmnission that a lot of Mayor Suarez: You are get things that sound like improvements really turned out to be not improvements to our City in terms of the amount of time it takes and the disruption of in our Now, some of traffic, and normal commercial a� not life have. we have already disapproved at these improvements we would rather least temporarily, one that our own City Public Works Department Proposed to us and the citizens seen to be opposed to it and please as much as you can possibly consult us, as to whether our citizens would like to have all these and widen and so on, sometimes they would streets looking spanking brand new rather than rather just leave it the way it is �anthtdi sruption City of Mi &ni ularly when you do it all at the same time. ► seems like it was being torn up at one point. Mr. Dawkins: I, as a Commissioner would like to offer as a suggestion to Bob Graham, when he starts campaigning for the Senate that one of his work days be spent on working on Southwest 8th and Southwest 7th Street. Mr. Plummer: If you say that, he won't run for Congress. Mayor Suarez: it' s not in the form of a motion, so we will... any further discussion from the Canmission on this item? RT 41 January 9, 1986 14. DISCUSSION REGARDING POLICE SUBSTATIONS. Mayor Suarez: we have a request on Item "G" for a status report on the North and South District police substations. Mr. City Manager, how are we doing on those? Ms. Juanita Shearer: While our consultant team is setting up. My name is Juanita Shearer. I'm a landscape architect with the special Projects Division in the City Manager's Office. The first and most important phase in the planning and design of the two police substation projects, which are going on concurrently, involves program development and analysis. During this phase each of the design teams has worked with the Police Department and ourselves to develop and refine a building program establishing the functional rela- tionships which we require within the facilities and from this information we establish the size of the spaces and the technical aspects of the building and so that it can operate properly for both the residents and allow the Police Department to run a twenty-four hour facility. Your can-nission package r this item contain the two final drafts of the program developmentand ysis document for each of the substations. It was our intention to present these documents in their completed, bound, and final little more finished form, plans at the January 23rd Ccnmission meeting, along with completed schematic but because you wished a status report, we are going ahead and Presenting you drawings that essentially show the concepts of the designs of both stations, complete and will be resolved further as we proceed in the design but are not cam on these laps. Same process. We will be working further with the omrunity P manbers of the community in the Little Havana area have already had same input in discussion, not in terms of design, but just to give them an idea and we have stayed in contact with other cormunity organizations to keep them up cn our status. Based on the accelerated project schedules established in the contracts for our consultants, we anticipate completing design and putting projects out for bid in July, awarding construction contracts in September and completing construction on the facilities within eighteen months• we are proceeding with land acquisition as fast as possible on the south substation site, but the logistics of that may put us in a position where the timing changes a little bit. However, we can address that further if you have any questions. Both of the facilities provide identical services, but because the South substation district covers seventeen point seven square miles of the city and the North seven square miles, the North substation needs to provide parking for fewer vehicles. other than that the structures are essentially the same square footage. Joe Middlebrooks and his associate Jose Fernandez are going to make a presentation of the building for the North district substation. Mr. Carollo: Excuse me. Ms. Shearer: Yes, sir. Mr. Carollo: one quick question before you get into some other areas. Since the South substation is going to have over twice as much square miles than the North substation, I would imagine that probably the population would be much larger also, that it will cover. Correct? Ms. Shearer: Yes, sir. Mr. Carollo: Do you have the breakdown in population for both substations? Ms. Shearer: In terms of the population served by the substation? Mr. Carollo: That's correct. Ms. Shearer: I'm not sure, but perhaps Sergeant Longueira does. Just a second. Mr. Carollo: I think it's very key, because if one area has a substantial larger population than the other that means that one substation might require a few additional offices more than the other one would. of .YyV, 42 January 9, 1986 4 Ms. Shearer . Theydo and that was what I was addressing. The parking garage or the parking facilities for the South substation are substantially lan3er ► l oriented facilities in that station than you do because you have more patro in the North station. The personnel for the South substation is at 221 and the North substation is at a 160. Mr. Carollo: That's for personnel. Ms. Shearer: 'That's... Mr. Carollo: But I'm talking as far as for people. Ms. Shearer: Residents served, right? Mr. Carollo: Residents served. but I will get it for you Cortvnissioner. I'm Ms. Shearer: We don't have that, sorry. Mr. Carollo: OK. If you could get that for us I would appreciate it. Ms. Shearer: We will. Mr. Carollo: 'Thzny. You - Ms. Shearer: Anything else or should we proceed? Mayor Suarez: I just want to say the time table still sounds delayed to M. it seems to me you would be able to get an R.F.P. bit earlier than July on this particular one. project... in our contract e various with Our that takes them through a building. These are three and a We will accelerate it more than we Ms. Shearer: Well, Mayor design consultants we have processes as you are aware half, four million dollar already have. looks to me that we have R. F-Is R.F.P. ght in I mean. front of depending on how you definean a little bit out a little Mayor Suarez: It tell you the truth Suarez, the a schedule in designing structures. us to it's just terminology here. We have to put these Ms. Shearer: Well, I think u are addressing, once out to bid for a contractor which I be i f wescatn do before July, we most these gentlemen finish their designs certainly will. We have a possibility of accelerating the designing and if we can we will. a Dawkins: My problem is that for some reason, not for some reason► this project has failed to get off the ground. OK. Now, as long as this has sbeen- going on we don't have it and it's my fault, because I allowed the admini Lion, not ytra ou, Mr. Odio, to snook me by presenting me with information other than that that it was directed to do by this Cmr&ssion. Now, at the ground Middlebrooks, because of the cost of his breaking ceremony I insulted Mr. projections, and the reason was because the administration did not put the Proper amount in the contract. So, Mr. Middlebrooks, I apologize, Sir.rki. was not wong with the amount of money that this Connis sion Middlebrooks, Mr set aside and now we come bacbutga dollar and tain, we have he land its available and you One where the land don't co you are with the one where you have got to are no further with that than y condemn and acquire the land. I mean, it's ridiculous. ssioner, I net with Mr.. Middlebrocks, on Monday. I have Mr. Odic: Sir, Catmi with this project. I also, told urged him to proceed with as fast as possible him that he would have the full cooperation of the administration so that this can be done and I think that he will comply with what I asked him to do* wrong with that Mr. odio, is I heard Mr. Dawkins: You know, the only thing g „I met with Mr. Middlebrooks, and it, going to proceed.„ that from ary left. I ,,heard that from Mr . Sergio, $$ I met with Mr. Middlebrooks , and it's going to proceed." Now► I'm homing it from you, sir. This is the third Manager• 43 January 91 1986 RT Mr. Carollo: well, Miller? Mr. olio: I get the message, sir. I would rather not talk anymore. Mr. Plum pr. But frrm the newt man.. - Mr. Carollo: Miller, Mr. Odic), wants to stay, so he is going to do it. Mr. plumer: The neat Manager will tell you it's finished. ,- Hawkins: QK. (CMMWr INAUDIBLE). Mayor Suarez. I' m not an expert in these matters, but I still insist that there is enough detail right there to constitute an R.F.P. from my viewpoint as a lay person in this area and I would strongly suggest that you figure out away to get the rest of the ccronents of the R.F.P. together in a lot less than another six months, frankly• Mr. Dawkins: And I hate to say this with all due respect. I'm being a layman like the Manager, but this looks like, Mr. Middlebrooks, to, it was thrown toge,h- er since the day I asked for you all to cone up maybe wrong. But it looks like you did not have this together on the day I asked that it oane before the Cannission and this is same..• because I know as an architect you can do better than this, sir. You just didn't have the time. Mr. Middlebrooks: These are preliminary drawings. Mr. Dawkins: I beg your pardon. Mr. Middlebrooks: 'these are preliminary drawings . • i Mr odio: OK. � Mr. Dawkins: OK. I'm finished, Mr. Mayor. • plum4rier: How long is it going to take to get final drawings? Mr. Carollo: Does that mean "ye s" or "no" to your question? Mr. Middlebrooks: It depends on when we are authorized to do it. If we authorized to proceed, the next step is design development, wherein we more thoroughly refine use, after which we would be authorized to go into final drawings. so, there is a intermediate step. Mayor Suarez: well, now, I'm confused' Joe' You are not authorized yet to get the detailed drawings? zed to proceed with the final drawings. Mr. Odio: He is authori Mayor Suarez: As of now you are authorized. Mr. Middlebrooks: Thank you. Mayor Suarez: Any finer discussion of this item? we don't need to trove on it. We can proceed. Mr. Plummer: Well, wait. No, no, no, he still hasn't answered my question - mayor Suarez: I'm sorry. Mr. Plummer: you have now got the authorization. going to see final? Mr. Middlebrooks: Approximately two months. Mr. Plummer: Why not one. Mr. Middlebrooks: : I don't think that's possible. How long before we are 44 RT January 9, 1986 Mr. Plu?vpD-.r: Dawkins is going to be here harassing you. Mr. Middlebrooks: Let me... I would like to just get back with you, maybe that takes reorganization. tomorrow and get everything together, because that are working with me on this and I have to get 'there are other consultants their offices geared up to do this too, and I don't know what work load they have or what projections they have made. Mr. Dawkins: I tell you what, when we Put out other R.F.P.'s and they have to 's takes too long. OK. be rush rush, don't bring me Mr. Middlebrooks; bid. He And it's just that simple. All right. Mayor Suarez: I would strongly suggest that you try to compress that as much as you possibly can. Mr. Middlebrooks: We will and you know, as fast as we can do it. You are today and executing a asking me questions that I was not prepared to answer this magnitude where we have not really concurred on this, it just project of takes coordination. Mr. Dawkins: Carle on, Joe, you knew good and well... Mr. Middlebrooks: If we can do it in a month, Miller, we will. Mr. Dawkins: Joe, you knew good and well that you had this. You shouldn't it to You had a signed con- have had... I mean, you knew we had given you. this should n worked It was just a matter of get ...work..ltf tract. sis uncalled as a you know yourself out, Joe. Joe, professional Mr. Middlebrooks: I can't do work unless I'm asked to do it, Miller. Mr. Dawkins: You are right, because I asked that you didn't do this. I have no problem with that. You are correct, sir. OK. Mayor Suarez: Fran the City's viewpoint, are we or are we not ready to go with the R.F.P. as soon as possible? onto more detailed plans and proceed and Ms. Shearer: We are ready. Mr. Middlebrooks, and the Police Departm'-ntWe had detail on Tuesday afternoon• have a meeting setup to go into design already. I don't see anything Precluding us now that our program set that up is complete. The hard part is certainly over. _ Mayor Suarez: That's what we want to hear. . tearer; We will be able to get back to you with a more definitive schedule. Mr. Plummer:Mr. Middlebrooks, my final question, sir. Are you so designing mind that this and going to go l design, keeping uppermost in your to final and fully with everything but personnel for building is to be owned, operated, under five million dollars? ` Mr. Middlebrooks: Correct. 'Fiat's the budget that we are working with. Mr. Plummer: That's tables, chair, lamps, desks, everything for under five million dollars. Mr. Middlebrooks: Yes. Mr. Plumper: I hope I'm not around to remind you. I hope I don't have to remind you. Ms. Kennedy: Yes, you want to be around. Mr Middlebrooks: I will take the latter. Mayor Suarez: There are others that hope that, but ... Thanks both of you. . Shearer; Crnodssioner Carollo, I have the population figures for you. 45 January 91 1986 RT Mr. Carollo: Yes. Ms. Shearer: The Police Department provided them to me. The population of the north district is according to the most recent census 1980 is eighty thousand one hundred twenty-nine. That's covered by seven... that's in seven square miles of the City. Mr. Carollo: That's the 1980 census? Ms. Shearer: Yes, sir. Mr. Carollo: That's probably off about fifteen thousand at least anyway, twenty thousand. Ms. Shearer: Well, OR. The South substation is going to serve two hundred thousand four hundred ninety-five people, seventeen point seven square miles. Mr. Carollo: Seventeen point seven and the other is seven point zero. Ms. shearer: Seven point zero. Nis. Shearer: And the central facility which effectively, will have its' own substation operation, serve seven point four square miles and a population of sixty-six thousand two hundred sixty-eight. Mr. Carollo: What's the population? Ms. Shearer: Sixty-six thousand two hundred sixty-eight. Mr. Carollo: That's the central station? Ms. Shearer: Yes, sir. Mayor Suarez: Thank you both. Mr. Middlebrooks: Thank you. Ms. Shearer: OK. 15. BRIEF COMMENTS REGARDING IMPACT FEES - Mayor Suarez: We nave on to Item 16. Mr. plumper: Mr. Mayor, may I ask of the administration where is the impact fee study ordinance? Mr. Odio: OK. Yes, sir. Mr. Dawkins: How many Managers you asked that from J. L.? Mr. Plummer: Well, Mel is gone. Joe Grassie is no longer here. Mr. Carollo: I remember that one. Mr. Rodriguez: As per your motion, it will be on the agenda of the 23rd of January. Mr. Plummer: Now, on Mr. Plummer: the agenda means that it is going to be there in ordinance fashion. Mr. Rodriguez: That is not what we agreed last time. We ... . a [Z_4N r 'i 46 January 9, 1986 Mr. Plummer: That is what you understand now. ( INAUDIBLE BACKGROUND C MMEN 'S ) Mr, Plummer: Let me tell you something. You know► if we are going to address dollars around here, let's address then all. Mr. Rodriguez: Yes, sir. Mr. Plummer: Mr. Mayor, just for your edification, by the way, for the past year and one-half, almost every permit that has been issued has been stamped subject to retroactive impact fees► and I think you are going to see, if they came up with any numbers, that in fact, you are talking about millions of dollars. 16. DISCUSSION REGARDING ITEMS 16-20: ADMINISTRATIVE CHANGES► CWM- ING/CHANGING CITY DEPARTM NrS (See label #17) Mayor Suarez: Item 16. W. Odio: Yes,sir, this is an emergency ordinance creating the Department of Camunications. We have had an Office of Cable, regulating cable, and we have had an office of Public Information. The eoffice of Publichad nformatlon allocated 8 shad f budget of almost $1,000,000 and 25 peOilso we have decided to reoomrnend people, but they only had 10 on the payroll, to you is that we oanbine the Office of Public Information into the Cable office, and create a Department of cc munications so that we can utilize the system better and we can get off regulating and implementing and utilizing the channels that we have available to us. The savings to the City of Miami by this consolidation will be approximately $1,000,000. I would strongly recom- mend that you look at this. I think it will be more efficient and that we will deliver better services from this department. Mayor Suarez: How many of the maThers of the office of Public Information staff will be retained under this present plan? Mr. olio: Eight people. Mayor Suarez: out of how many? Mr. Odio: Twenty-five. Mr. Plummer: Mr. odio, as I see here in the areas that I have had the privi- lege of discussing with people in your administration ... Mr. odio: Yes, sir. Mr. Plummer: These basically are a grouping of items 16, 17, 18, 19 and 20. Mr. Odio: That is correct, sir. Mr. Plummer: Mr. Odio, even though I have sane areas of question, I for one, am willing to go forth and vote for these ordinances, as long as you give assurances to this Commission, that down the road these are not locked in stone - that if this Commission wishes to reopen the subject and rediscuss it or reconsider it that we can, then I am willing to go along with your recom- mendations. You are a new manager. You have been placed under a mandate by this Camission to streamline the Administration to reduce and cut costs and to address the major problem that is going to be facing this City as well as every other City in the United States, the lossof Federal Revenue Sharing t I have had the funds, and I say for one, and I am only speaking for on opportunity to review, and even though I have a few hesitations or reserva- tions, I am willing to go along with you in making these recammndations with the full understanding that it is not locked in steel. 47 RT January 9, 1986 Mr. odic): Mr. Plw.ver, I just want to say that I do work for you; I work for the Carmission and for the Mayor, and when you change the policy, I will have to change with you. I want to say that I don't think this is a perfect consolidation by any means. I think it is a first step. I requested from Don Cather, yesterday, as a matter of fact that he reinstitute the task force that was formed by the former City Manager and cane back to me in 30 days and critique what we have just done. Mr. Plu mr: Mr. Manager, that is well and good. I have served under ... how many? seven or eight Managers? This Cartnission is only as good as the information that we are furnished. One of the greatest Managers, I guess, that was attributed to the City of Miami, had a unique way of giving only that information that he wanted us to have, to make decisions upon. I am saying that this Ccmnission has got to be informed along the way of how these things are operating, how they are working, so that this amnission will have the same responsibility to make changes again, if necessary, as we are being asked to do today. Mr. Odio: I will make available to you the critique that I get from that task force, so that you can see what progress we made or what changes we would have to make, minor changes, I might say, in adjustments. Mr. Dawkins: Two things, Mr. Odio. I am going to be looking at the task force report to you. I've got some reservations about it, but the thing ... I am going to go along with your reccmmendations, because, as the Manager - I am holding you responsible for the City's operations, but I would hope sir, and I will be looking at, and I am going to request that, in your higher eche- lons, even though by the Curter I cannot dictate to you who or what to hire, I would hope that as you hire people in this reorganization that people are hired for qualifications, not for patronage, not for nepotism, not for friend- ship, because we are streamlining the organization, and if you do not get professionals to help you do this, then it is going to fail. So, as you hire people, I would like to see their resume and their qualifications before you put them on, even though you can put them on afterwards, but I would like to see them first. Mayor Suarez: I have, myself, my own reservations about most of these items in terms of the names, semantics, etc. A lot of them have to do with further inclusions into these departments, as further consolidations, so it is very much in line with what Commissioner Plumper has suggested, that as long as we are not locked into adding in the future, and you don't get the feeling that we are locked into not further consolidations taking place within these departments. I have one strong reservation - I am not sure that it would be enough for me to ask at this point, or propose a motion that we take out this particular item, but I have a strong reservation about item number 19, creat- ing a new department to be the Department of Internal Audit. Mr. Odio: Excuse me, sir. It is a change as well. We have the Office of Internal Audit ... Mayor Suarez: We have the Office of ... Mr. Plurmer: already there! W. Suarez: Right. Mr. Odio: The problem with this, and I will explain it to you, Mr. Mayor, if you will allow me, that the ... Mayor Suarez: Well, the only suggestion is that in a future consolidation, Mr. Manager, is that you consider putting it under one of the existing depart- ments, simply ... Mr. Odio: I cannot do that, Mr. Mayor. I will explain to you why. The internal audit is my tools to oversee every single phase of the City of Miami as far as financial responsibility of those directors and those departments to the City and to me, and to you and he has to be independent; he is an auditor. You cannot put the auditor to work with the man he has got to audit for him. That will not work. You have to have checks and balances. This is one of the tools that I have to maintain checks and balances. RT 48 January 9, 1986 Mayor Suarez: Keep in mind that one alterative is to have the Internal Audit Department or office respond directly to the commission as an alternative. Mr. Odio: That is not an alternative, Mr. Mayor, because the Charter doesn't allow that. Mr. PlturBner: No, it is not on the Charter. Mr. Dawkins: The Charter won't ... Mayor Suarez: That is a Charter Amendment as a constitutional alternative to this present plan. I just want to tell you that it concerns me to be creating new departments out of an office in this case. Mr. Odio: All we are doing is giving him the authority that he needs to be able to do his job. That is what we are saying - that he had an office with independence and we want now to have a department with more authority to be more independent than he has been up to now, because I want him to audit every single department of the City of Miami once a year. Mr. Carollo: well, what hasn't made sense to me is that here we have an individual that we have charged him with auditing different departments, that in rank, at least, you know, he has ranked waybelow most of the people he is in charge for auditing. It didn't make sense to me. Mr. Odio: That is why we need to do ... Mr. Plummer: Well, the Mayor will learn, after a few Grand Jury investiga- tions of some of the outside things that he audits, that he is well worth the money, and in no way do you want to compromise him, because he is the man who is responsible for every social program, efunction that we give monies to very or answerable, and that man must be independent, and in no way can be compro- mised. That is my feeling. Mrs. Kennedy: Just to voice something to the City Manager ... Mayor Suarez: Let us finish the cannission discussion first ... Mrs. Kennedy: Let me just say that I welcome your changes, and your efforts to control City ousts, and I think it is a great effort for all of us that want the community to survive. Mr. Odio: Thank you, ma'am. Mr. Carollo: Now, this is not going to cost any additional money, correct? i Mr. Odio: Item 19, sir? Mr. Carollo: 19, right. Mr. Odio: No, sir. Mr. Carollo: It is just going to be a change where this will be made into a department. Mr. olio: That is correct. We are changing the office to a department. Mr. Carollo: In other words, it is more or less like your number 20, that you are just changing a name of a department. In this case, you are creating a department, but there is no additional expenses that are being created. Mr. Odio: That is right. In fact, I asked him that he had to look withihis own department of Internal Audit and to cut back like the other departments the City are doing. Mr. Odio: Mr. Manager, speaking for one individual on this Camtission, and I don't see any great problems with that, as long as there is no additional cost. 49 January 9, 1986 Mayor Suarez: Further com-mnts from the Cam'Tlission? Mr. Rolle? Briefly. Mr. Wellington Rolle: Thank you, Mr. Mayor. Mayor Suarez: State your name and address. Mr. Rolle: Wellington Rolle - I live in the City of Miami. I heard the Manager mention what is required by the Charter, and also Can-ni.ssioner Dawkins. What is not permitted by the Charter is this kind of emergency on all five of these, because no way does any of these, particular items that you are talking about, are being done to meet a public emergency affecting life, health, property, or public safety. Mr. Plummer: No, no, that is not true, Wellington. If this is done under the normal process, you are talking about 60 days. Mr. Rolle: The point I making, Commissioner Plummer, is that there are a lot of people in the community, or maybe some other people in government here who would want to use that process to know what the Manager is proposing, and cane in lay some camments on the record. Mr. Plummer: Wellington, this is being done as an emergency to save 60 days more of money - about you know, one -sixth of your budget. This is proposed, in some cases, to save as much as $1,000,000. There is a public need for the hurry. Under the four -fifths emergency vote, it becomes effective today. Under the normal ormnance, there is a second reading in 30 days and becomes law 30 days thereafter. You lose the 60 days. Mr. Rolle: Well, we have another kind of problem, Mr. Commissioner, and that is the other part of this particular legislation says that no such ordinance may be used to levy taxes, grant, or extend a franchise, authorize borrowing of money. I am simply saying that we need to talk in terms of what is an emergency and follow what the rules say. I can appreciate, you know, the Camiission, or the Manager want to ... Mr. Plummer: Make it simple for you, sir. Madam City Attorney, you have seen the ordinances 16 through 20. in your estimation, is their justifiable defense for an emergency proceeding. Mrs. Dougherty: Yes, sir, Mr. Mayor. Mr. Plummer: Thank you. Mayor Suarez: I would like that opinion in writing, Madam City Attorney, because I am concerned that my good friend Wellington Rolle is being disposed to file suits every time we do something that is not technically right. We may be facing another lawsuit and frankly, I am not saying that facetiously at all. I am saying that you are requiring us to follow our Charter and Code rather carefully, and that is fair, and I want this in writing before I am ready to vote at the second reading and we will want your canments between now and the second reading, and at the second reading. Mr. Rolle: Well, can I mention one ... Mayor Suarez: Yes, please. Mr. Rolle: There will not be a second reading. That is what my concern is right now. Mr. Carollo: No second reading. Mrs. Dougherty: There is not a second reading if you vote for this as an emergency. The case law says that it is within the discretion and it is within the findings of the City Cmrdssion, as to whether or not an emergency exists. it is my belief that the fact that you are going to save that amount of money does constitute an emergency under the health, safety, and welfare of its citizens. Mayor Suarez: Does the County Code ... this is from the County Code? 0 RT 4E January 9, 1986 Mr. Rolle: Yes. The County Charter is going to supersede the language that they are using to attempt to rationalize what they are talking about. Mayor Suarez. I would think that the county Charter's definition of an emergency would not bind us. Mr. Rolle: It does. That is the only emergency that the City uses. That language about what an emergency is, is taken from the County Charter. Mayor Suarez: The language is taken from the County Charter► but there is no reference made to the County Charter. Mr. Rolle: I am saying that any emergency that this City addresses, they use that particular language about health, and public safety. Mayor Suarez: or, that may be out of tradition, or whatever, but ... Mr. Rolle: No, that is the authorization. They cannot go beyond those requirements of the County's Charter on those particular subjects. Mr. Carollo: Madam City Attorney, for the third time, if we would vote for items 16 through 20, again, we would be doing it legally through voting on it as an emergency ordinance now'? Mrs. Dougherty: It is my opinion that you may vote these four measures as an emergency ordinance today. Mayor Suarez: It should be five measures. Mrs. Dougherty: Five measures. Mayor Suarez: What would be the equivalent language in our Charter, Madam City Attorney? Mrs. Dougherty: The language in our Charter says that ... Mayor Suarez: For emergency ordinances. Mrs. Dougherty: Yes. "No measure shall go into effect until 30 days after its passage, unless it is declared►in such lic need for prece servation off peao be an ce, cy measure on the grounds of urgentp� a vote of not health, safety, or property, and the measure being passed by less than four -fifths. Mayor Suarez: The items recited are the same as the County Charter, but I would not base my thinking on the County Charter' I would base it on the City Charter myself. Mr. Rolle: Only because, in going to oourt, we would need to do that. Mayor Suarez: I don' t agree with you on that, but we have a City Attorney that will let e ow what she us know whether about it right of ocourse, Se, we have a court that will le both of Mr. Carollo: If it reaches that point, ever. Hopefully, it won't. Mr. Rolle: Thank you, Mr. Mayor. Mayor Suarez: If we ever reach that point. Any further discussion from the commission? Any further input fran the public. Anyone that grants to speak - for or against this measure? ... these measures? RT 0 51 January 9, 1986 I 17. IItGENC'Y ORDINANCE: CEATING DEPARTMfNNI' OF OCR]NICATION Mayor Suarez: Will you read them one by one? Mrs. Dougherty: yes, sir. Is there a motion made? Mayor Suarez: Yes, there is a pending motion- It was a colle:.tive motion. Do we need to do it individually? Mrs. Dougherty: Yes. MWJB ON, THE CITY ATTO NEY READ THE HEREINBEIDW ORDINANCE INTO THE PUBLIC RECORD. Mr. Carollo: Madam City Attorney. We need a motion and a second, so I will make the motion. Mr. Dawkins: I will second. Mr. Carollo: Miller seconds it. Mayor Suarez: We are taking individual motions on each one. We will have no problem. Mr. Carollo: Yes► this is for item 16. AN ORDINANCE FNrITLED- AN EKMGE NC'Y ORDINANCE CREATING A N34 DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF 00M1 IENICATIO NS; PRE- SCRIBING THE RESPONSIBILITIES, FUNCTIONS► AND DUTIES OF THE DEPAR'IT+MU; FURTHM PROVIDING FOR THE TRANSFER OF PERSONNEL, RECORDS, AMID BQUIP-OUt PREVIOUSLY BID IN THE FY 1985-86 BUDGET OF THE OFFICE OF PUBLIC INFORMATION AND THE OFFICE OF CABLE 00MUNICA- TIONS; PROVIDING FOR FC 7UM REAPPROPRIATION Off' BUD(=- ED p=S FOR THE OFFICE OF PUBLIC INFORMATION; AUTHO- RIZING THE EXPENDITURE OF FUNDS BY THE DEPARTKW OF CC WMCATIONS; OONMNING A REPEALER ppDVISION AND A SEVERABILITY CLAUSE. Was introduced by Comnissioner Carollo and seconded by Commissioner Dawkins, 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: Camnissioner Joe Carollo Camnissioner J. L. Plurner, Jr. Cornnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Camrdssioner Carollo and seconded by CccT+ni s s ioner Dawkins ► adopted said ordinance by the following vote RT . 52 January 9, 1986 0 it AYES: CaTmissioner Joe Carollo Camiissioner J. L. Plulmer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10067. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the manbers of the City Connission and to the public. 18. CHANGE NAME OF "BUILDING AND VEHICLE MAIRM4ANCE DEPARTMENT" TO 'GENUIAL SERVICES ADMINISTRATION DEPARTHET'l Mayor Suarez: Next ordinance. Mrs. Daugherty: Can we have another motion and second, please? Mrs. Kennedy: I move. Mr. . Dawkins: Second . Mayor Suarez: Moved by Commissioner Kennedy. Seconded by Cannissioner Dawkins. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FTARIDA, AS AMENDED, TO PROVIDE FOR CHANGING THE NAME OF THE "BUILDING AND VEHICLE MAINTENANCE DEPARTMENT" TO "GENERAL SERVICES ADMINISTRATION DEPARTMEt r ; AND TRANSFERRING THERETO FROM THE FINANCE DEPARDOU, THE DIVISION OF PURCHASING AND THE DIVI- SION OF PROPERTY AMID LEASE ; AND PROVIDING WITHIN SAID GENERAL SERVICES ADMINISTRATION DEPARTMENT AN "OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND PWWREMETTT , WHICH WILL BE CREATED BY THE CITY MANAGER; FURTHER TRANSFERRING TO THIS NEWLY NAMED DEPAR7MENT (GENERAL SERVICES ADMINISTRATION DEPART- MENT) , ALL PERSONNEL, REIMRDS, FUNDS AND BQUIPME U PREVIOUSLY BUDGETED TO THE DIVISION OF PURCHASING, AND THE DIVISION OF PROPERTY AMID LEASE ; PRO- VIDING THAT ALL FUNDS AND FUNCTIONS HERkMFORE PER- FORMED BY THE PURCHASING DIVISION AMID THE PROPERTY AND LEASE MANAGEMENT DIVISION BE MANAGED AND SUPER- VISED BY THE DIRDCXR OF THE GENERAL SERVICES ADMINIS- TRATION DEPARTMENT AND BE ADMINISTERED AS DIVISIONS WITHIN THE GENERAL SERVICES ADMINISTRATION DEPART- MENT; WITH THE SUPERVISORS OF SAID DIVISIONS TO BE APPOINTED BY THE DIRECTOR OF THE GENERAL SERVICES ADMINISTRATION DEPARTMENT; MORE PARTICULARLY BY REpFALING CODE SECTIONS 2-256 THROUGH 2-260 IN THEIR ENTIRETY AND BY ADDING NEW SECTIONS 2-261, 2-262, AND 2-263 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Canmissioner Dawkins, 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- 1;A 53 January 9, 1986 AYES: Commissioner Joe Carollo Cammissioner J. L. Pltm'mer, Jr. Ocmnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the camnission on motion of Commissioner Kennedy and seconded by Comissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plumire...r, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10068. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Camiission and to the public. 19. CREATE NEW DEPARZNETIT OF PUBLIC FACILITIES (Passed as emergency ordi- nance,, but later reconsidered; see label no. 22) Mr. Carollo: I move the next ordinance. Mrs. Kennedy: Second. �. « D1 D+r AN EMERGENCY ORDINANCE CREATING A NEW DEPARTMENT TO BE KIWN AS THE DEPARTMENT OF PUBLIC FACILITIES; PROVIDING FOR THE PRESCRIBING THE INMW OF A DIRBCTM By THE RESPONSIBILITIES, mANAGER; FUNCTIONS, AND DUTIES OF THE DEPARRMV, DISPENSING WITH THE REQUIREKE24T OF READING ON SAME ON M SEPA- RATE DAYS BY AN AFFIRMATIVE VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION, AND cWTTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Cannissioner Carollo and seconded by Commissioner Kennedy, for adoption as an emergencY measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the follow- ing vote - AYES: Comrdssioner 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: . RT 54 January 9, 1986 Mayor Suarez: Before I vote, I want to clarify, we are voting on public facilities? Yes. Whereupon the 0=nission on motion of Connissioner Carollo and seconded by Cannissioner Kennedy, adopted said ordinance by the following vote AYES: Camnissioner Joe Carollo Cbrmni.ssioner J. L. Plummer, Jr. Cermnissioner 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 c vlission and to the public. ER (NOTE: THE BOYOr9MOTIS ON 866- S AND SAID OORDINANCE Il�IATELY ON THE HMEIMMOVE CITED CRDINANCE E'ER RECONSIDERED ADOPTED AS ORDINANCE 100769. See label number 22) 20. CREATE DEPARTMENT OF INTERNAL AUDITS (Passed as emergency ordinance, but later changed into first reading) Mr. Dawkins: Move 19. Mr. Carollo: Second. Mayor Suarez: We have a motion and we have a second. Will you read it, please. AN ORDINANCE ENTITLED - AN EMERGFIJ y ORDINANCE CREATING A NEVI DEPARZMENT TO BE KNOWN AS THE DEPARTMENT OF INTERNAL AUDIT, PROVID- rG FOR 7M APPOINB4ENT OF DIRECTOR BY THE CITY MMMi PRESCRIBING THE RESPONSIBILITIES, FZINCTIONS, AM DMES OF TW ; SWITH TO P=I12E U OF READING �� TM SAON TWO SEPARATE DAYS BY AN AFFnmTIVE VOTE OF NOT LESS THAN FMR-FIFTHS OF TM WMBERs OF THE CITY commISSION, CWTAIIJING A REPEALER PR MSION AND LABILITY CLAUSE. Was introduced by Ccmnissioner Dawkins and seconded by Camu.ssioner carollo, for adoption as an emergency measure and dispensing with the require- ment of reading Sams on two separate daYst which was agreed to by the follow- ing vote - AYES: Commission. Joe Carollo Crff.ussioner J. L. PIUMMer, Jr. c=rdssioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSERr: None. Whereupon the ca mission on motion of Catmissioner Dawkins and seconded by C=dssioner Carollo, adopted said ordinance by the following vote- 55 RT January 9, 1986 AYES: Ccnnissioner Joe Carollo C rv.issioner J. L. plurmer, Jr. Ccmmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 14DE5: Mayor Xavier L. Suarez 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 Catmiission and to the public. (NOTE: BY AUn4ORI'TY OF THE CITY ATTORNEY ( See memorandum dated January 10, 1986) THE ABOVE CRDI%*Mt�Y READ AS R49M4V CRDINANCE, WAS CHANGED INTO FIRST READING 21. CHANGE NAME OF HUMAN RESOURCESDrd ARTMwrbTo later changed into first PERSONNEL MAI�►GQM1T DE- PAR'I� (Passed as emergency o reading.) Mayor Suarez: Agenda item number 20. Mr. Carollo: move 20. Mr. Dawkins: Second. Mayor Suarez: We've got a motion and a second already. Mr. Dawkins: Under discussion, Mr. Mayor. Mayor Suarez: Yes. Mr. Dawkins: Mr. Manager, on the second page, the top of the page, it says, "The Director of Human Personnel Management, or his, tive action and his shall shall represent the City Manager in all matters of affirm -a provide all staff support to the board, including the pffirmat:ive Action Supervisor." What is an Affirmative Action Supervisor. Mr. Clio: Hattie Daniels has been serving as an She had been reporting to the City Manager direct. She still has that authority - I met with her -even though she is under the Department of Personnel Management, if you chose to change the name• but she will still have access directly to the Manager if she felt that affirmative action was not being complied with, but she also needs access to all the paper work that we process in personnel and from now on, when an application is filled and the 922's are filled out, she would have authority to sign - she would have to sign off in the 922 forms - before that application can be processed, and therefore, mechanically, she is better off being in the department, but always with a direct access to the Manager. Mr. Dawkins: okay, what is the title, where you have her? Mr. Odin: I really don't know what her title is - Affirmative Action Supervi- sor, or ... I don't know. Mr. Dawkins: Supervisor don't new a thing. If I were a department head and out of YOU came to me and tell me you are a supervisor, I would tell you, "Get we are, MY office. let's prove it. Let's give this office (I am not talking about individuals, now) the clout that it needs to get the job done. Let's make men h g fwi octan office that is going to be respected and feared. You see, the Person is person has to deal with, they are the persons who have been here all these years that I have been here, the four years, and they have not made any to get changes - they don't plan to make any and tl-,erefore, we are not going anything done, but if they know that this individual is one the level with . RT 56 January 9, 1986 them and are dealing from a position of strength, then they are going to make sane changes; Tmt is why I said I am with you 100 percent, but there are some things we have get to do, so let's make this either an office with some clout and something can get done. We are paying her too much money to call her a supervisor. Mr. Odio: I said I think this is Affirmative Action officer. I am trying to get the right title for her, but ... Mr. Dawkins: pine, that is fine, but that is not what ... see, I am passing an ordinance. okay? This is law when we finish with it, and that is the part I am giving to you. If it is Affirmative Action Officer, I've got no problem with it. Mr. Odio: I am trying to get the correct title right now, Cannissioner Dawkins, if you want ... Mr. Dawkins: No, that is all right. Look, we are together, 100 percent. We have same things that have to be done and we are going to do them, but I have to bring it to your attention that we are going to do something about this, that is all, okay? Mr. Odio: Flor the record, she does have the clout, and in fact, she has more clout now, because she will have to sign off on the 922's before those appli- cations can be processed. Mr. Dawkins: Wonderful, but I just don't want her coming into nobody's office saying I am a supervisor, okay? Mr. Odio: Yes, sir. Mayor Suarez: Madam, I understand this is the item that you wanted to ad- dress. We have taken them individually. We are going to make an exception, because we previously asked for public carment and please make it as quickly as possible - your name and address, first. Ms. Lourdes San Martin: My name is Lourdes San Martin. I live at 1836 S.W. 22nd Terrace, and I am representing the Woman' s Cumber of Ca meroe and the National Association of Woman Business Owners has asked me to speak on their behalf, as well. There are several of our members in the audience. We are here to express our concern on the implementation of the ordinance as it was recently passed by the City of Miami, as concerns procurement. I understand that what has been just discussed is affirmative action within the City of Miami, and we think this is wonderful, and we really believe that the person in charge of affirmative action should respond directly to the City Manager, as we understand is going to be done, but we have deep concern as to the implementation of the procurement contract, and we would like to know just how this is going to be carried out, since we understand that the Office of Procurement will be handled under G.S.A., way at the bottom of the totem pole, and we would like ... Mr. Odio: If I may respond, I think I have a fiscal responsibility and I think I need to say it publicly. I said it privately to my staff. We have a Director of Purchasing and we are now merging Purchasing with G.S.A. and they have a big responsibility to purchase for the City of Miami all goods and services that we need. He is charged with also making sure that the minori- ties get their share, as they should get. Under G.S.A. there will be a minority officer making sure that we follow the procedures and that the ordinance that was passed is complied with, but, where I have a problem is that every tiny_ that we pass an ordinance like that one, that we have to create a department to oversee another department, to make sure they are complying with the law. What I am saying is, and that is costly to the City of Miami, every time you create a department or an office, you are talking at least $30,000 per employee. You have a minority assistant to the Manager making $63,500 a year, plus fringe benefits, would make it $83,000, plus a secretary making $25,000 a year plus the fringes; a total of two people making $110, 000, plus five other people they proposed, which would make it an addi- tional $300,000; and in order to monitor that the Purchasing Department is doing the minority purchasing right, we were going to spend $700,000 a year. What I am saying is that the division head of purchasing cannot omply with RT 57 January 9, 1986 the ordinance that way = they must share with the minorities. Then, we replace him, but we don't create a department every time we need to oversee another department to make sure that we comply with the law. ghat is what I think I am doing here. Ms. San Martin: Mr. Mayor► Commissioners, our concern is for this ordinance to real have an effect. we think it is a milestone. we think the City of Miami is ahead of everyone else in the country and we want to make sure it works. Our organization will make it a point to monitor, and we have every confidence that City Manager, Mr. Odio, will do his best. It will have very positive effects for our camlunity. Thank you very much. Mayor Suarez: You are going to help us to mnitor the City Manager. Mr. Odio: Fine, do that, please. Mrs. Kennedy: Mr. Mayor, let me just say, I was the Vice -President of the woman's Chamber of Ca*merce until I started running, and I can also sympathize with the Manager's reccm-endation in cutting costs, but if you have Lourdes and this group monitoring, believe me, they will do a good job and I am sure that they will make sure that it works that way. Mayor Suarez: Now, are we ready for ... we have read that ordinance, right? Mrs. Dougherty: No. Mayor Suarez: Please! AN ORDINU= ENTITLED - AN EMERGENCY ORDINANCE AMENDING SEXTIONS 2-266 through 2-269, 2-282, AND 2-283 OF THE DIVISION 20, ENTITLED HUMAN RESOURCES DEPART]T OF CHAPTER 2, ENTITLED ADMINISTRATION AMID THE CODE OF THE CITY OF MIAMI, FLORIDA, AS X4WED, BY CHANGING TliE NAME OF MIMAN RESOURCES DEPAR7MENr TO PERSONNEL MMqAGEMENT DEPART- MENT; CORIAINING A REPEATER PROVISION AND SEVERABILITY C I RUSE. Was introduced by Coamissioner Carollo and seconded by Cannissioner Dawkins, 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: Catenissioner Joe Carollo commissioner J. L. Plurmner, Jr. Cannissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Cacntission on motion of Canmissioner Carollo and seconded by Cannissioner Dawkins, adopted said ordinance by the following vote - AYES: Cannissioner Joe Carollo Camussioner J. L. Plummer, Jr. Catmissioner 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 - pounced that copies were available to the members of the City Commission and to the public. 58 January 9, 1986 rwwrandum (NOTE- BY AU'I'EiOftl'PY OF TgE C I Gt1 I,L�READ(Sei�eS F3�tGIIaC'Y ► WAS� JC�GED INTO 19 86) Thy ABOVE ORDINANCE' ORIGINALLY FIRST READING ORDINANCE.) 22-A RECONSIDERATION OFPREVIOUS no 19) PASSED ORDINANCE CREATING DEPAR'I�3�1'T OF PUBLIC FACILITIES (See label 22-8 EMERGENCY ORDINANCE: CREATING DEPT. OF PUBLIC FACILITIES. Mayo-- Suarez: We are going to reopen, reconsider number 18, because the proposed ordinance thatas been changed anwas distributed d thus wasch we voted, has notsubmitted to us,? t een changed c reflect, or has Could yo p reflect certain Chang u lease tell us what these are, Mr. City Manager? Mrsrty: It is just that the title was changed► and I read the ordi- nance that was in the package, not the one that was distributed to you. Mayor Suarez: Do we need a motion to reconsider? Mrs. Dougherty: Motion to reconsider, yes. Mr. Plummer: So Mved . Mr. Dawkins: Second. Mayor Suarez: Discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who "'oval its adoption: MOTION N0. 86-18 A MOTION TO RECONSIDER PREVIOUSLY TRIM VOTE OT �GENAGENDA ITEM 18 OF TODAY' S Af�II`ID TO BE iQJOV�N P5 THECY CREATING A NEW DEPARTMENT DEPARTMENT OF PUBLIC FACILITIES.) FOR PURPOSES OF INCORPORATING CERTAIN ANIIINIDATORY LANGUAGE. (Note: See Emergency Ordinance No. 10069.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Catnnissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mrs. Dougherty: If I could have a motion on the new ordinance. Mr. Plumtrer: Moved. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. ly? . RT 59 Could we have it read correct - January 9, 1986 a AN ORDINANm WrITLED- AN (;OM ORDINANCE CREATING A NBa DEPART IT IESS; To AN BE KNOWN AS THE DEPAR Mmr OF PUBLIC FACILITIES; PROVIDING FM THE APPOINTMENT OF A DIRB=R BY THE CITY MANAGERS PRESCRIBING THE RESPONSIBILIITT FUNCTIONS, AND MTIES OF THE DEPARTMENT► THM PROVIDING FOR THE TRANSFER OF PERSCR�RM? RECORDS, ► AND TO SAID DEPARTMfl4Tr WHICH WAS PREVIOUSLY EQUIPMENT 1985-86 BUDGET OF THE BUDGUM IN THE FISCAL YFAR FOLIAN M CITY AM'NISTRATIVE UNITS; COCONUT G�M EXRIBITION CF3 rMI MIAMI MARINE STADIUM, MIAMI BASE- BALL AND D ORANGE BOWL STADIUM; AUTHORIZING THE Y SAID DE PAR7WU S I OF UNITS; CONrAINING APPROPRIATED ILITY CLAUSE - was REPEALER PROVISION AND A Sr,-E AB Commissioner Plummer and seconded by Commissioner y introduced by en measure and dispensing with the require - en edy, for adoption as an emerg days, which was agr� to by the follow- ment of reading same on two separate ing vote - AYES: Commissioner Joe Carollo Canaissioner J. L. Plumrer, Jr. C = dssioner Rossa i eenndy Vice -Mayo Mayor Xavier L. Suarez NOES: None. AgMp; None Whereupon the Comni.ssion on motion ofCass fPlummer seconded by the ollowing w by Cammissioner Kennedy, adopted said ordinance AYES: Cmmissioner Joe Carollo Ccmmmissioner J. L. Plunwr, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. A,BSEtr• None. SAID ORDINANCE WAS DESIGNATED ORDItWCE NO. 10069_ ord and an - read the ordinance into the public recn and available to the mmbers of the City Cmdssio The City Attorney nounced that copies were to the public. NOTE FOR THE REIOORD: AAA rr'EM 21 WAS WITHDRAWN' 23. FIRST READING ORDINANCE: AMEND 9743, "PARK DEVELOPMENT FUND" Mayor Suarez: Item 22. Mr. PluQmier: I will move it, with pleasure. Mrs. Kennedy Sew. Mr. Dawkins: Under discussion ... rj RT 60 January 9, 1986 Mayor Suarez: It has been moved and seconded. Under discussion - Commis- sioner Dawkins. Mr. Dawkins: Mr. Kern, or Mr. Manager, what parks are we talking about? Mr. Carl Kern: Yes, sir. This particular park is Clemente Park. We are going to spend the $5,000 in Clemente Park - Wynwuod. Mr. Dawkins: Call the roll. Mayor Suarez: Does that mean that we can expect that park to look halfway decent within the next ... Mr. Dawkins: Not with $5,000. Mr. Olio: Not for $5,000. Mr. Plummer: Not for $5,000, but at least you get the building painted. Mayor Suarez: How much money do you think you need► Carl, to bring that park up to par, really. Mr. Dawkins: About $3,000,000. Mayor Suarez: ThRt haF2 ^^t to be the worse ... Mr. Plummer: It is. Mr. Odio: Mr. Mayor, that park is in bad condition. Mr. Kern: It is our worst one, aside from African Square and Range - they are our three worse parks. Mr. Odio: The tennis courts need replacing. The basketball courts needs replacing and the fields are in terrible shape. Mayor Suarez: You are looking everywhere in your budget for ways to do that, to solve that problem, I hope, Carl? We will look for ways too. I mean, we will help you along. That park really is an embarrassment. i Mr. Plummer: I think it is appropriate to ask at this point, Mr. Olio, where have you gotten with your "Adopt a Park" program? ... where major corporations would cane in and hopefully, take a park over for the maintenance and fixing it up and one corporation vying with another one. 1 Mr. Odio: We have not progressed as I wish we had and I have gold Jack Fads that we need to move fast on this and he is expediting this process right now. Mr. Plummer: Why don't you appoint a committee of major corporation owners. You know, that is how Detroit does it for the Grand Prix up there. Why don't you name a oomnittee of about 10 major corporate owners in this town and ` challenge them to acre up with the program? Mr. Odio: Okay, I think that is a good idea. We need to move fast, Qomrds- sioner, because the budget process in the private sector is closing down now, and this is the time to do this. Mr. Plummer: Well, I know of a major company who is already talking about maybe sponsoring three parks. Mr. Odio: Well, that is what we need to do and if we can manage to do this - help, if each park that we have - major parks is 46 - could get a major is are trying sponsor, it would really solve our problems, and that what we to do right now. Mayor Suarez: We have been working with as many developers as we can find, as -a Camnissioner Plummer knows, to constitute an "Adopt A Neighborhood" program, which is a little bit, perhaps bigger in scope, but it would be part of the same concept. In the area of Wynwood generally, I have been trying to con- .' - wince Latin builders and maybe that is a good starting point, to take over that park and help us to ... 61 January 9, 1986 T RT r�ui a Mr. Odio.. Yes, sir► definitely, if they were interest. Mayor Suarez: Wait until Mr. Pena hears the amount of money involved. We have a motion on this, and seconded? Mr. Plummer: Yes, sir. Mayor Suarez: Any further discussion from the CQr-nission? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SDCTION 1 OF ORDINANCE NO. 9743, ADOPTED NOVEMBER 16, 1983, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "PARK DEVETAPMENT FUND", BY ESTABLISHING RESOURCES AND APPROPRIATIONS FOR SAID RM IN THE AMOUNT OF $5,000 AS THE RESULT OF PRIVATE DONATION BY FABULOUS DIAMONDS PARTNERSHIP FOR THE PURPOSE OF DEFRAYING THE COST OF PARK DEVEDO ME[JT pRWBCTS OR PROVIDING LOCAL MATCH REWIREMENTS FM FEDERAL AMID STATE GRANTS; CONTAINING A REPEALER PROVISION AMID A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummier and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: C mnissioner Joe Carollo Conr&ssioner J. L. Plummier, 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 Camiission and to the public. 24. FIRST READING ORDINANCE: AMEND CODE: "STREETS AND SIDMAJYS" Mayor Suarez: Item 23. Mr. plumper: Move it. Mayor Suarez: Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Do we have to call for public comment on this ordinance? Mr. PlanTer: Any item is always for public comment on an agenda, as distin- guished between a public hearing. Any of the public can always speak. Mayor Suarez: Do we specifically have to call for it? Mrs. Dougherty: No. Mayor Suarez: RT Any discussion from the Candssion? Read the ordinance. 62 January 91 1986 AN ORDINANCE EN'TITLED- AN ORDINANCE AMENDING C HM71E 2 54 OF THE CODE OF THE CITY OF MIAMI, FLCRIDA, ENTITLED "STREETS AND SIDE- WkLKS" BY AMENDING SSCTION 54-104 EPTTITLED "NONSTAND- ARD STREET WIDTHS% By THE ADDITION OR DELETION OF CERTAIN STREETS-, ESTABLISHING AN LET= IVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Crnmissioner Plummer and seconded by Caatmissioner Kennedy and was passed on itG first reading by title by the following vote - AYES: Commissioner Joe Carollo Catmi.ssioner J. L. Plummer, Jr. Cammissioner 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 cc mission and to the public. 25. FIRST READING ORDINANCE: ESTABLISH USER FEE ($75) FOR EMERGENCY MEDICAL TRANSPORTATION. W. Plumer: Item 24 - I move item 24, then I'll explain it, or I will explain it first. Mr. Dawkins: I second. Mr. Plummer: All right, under discussion, Mr. Mayor, this is a program that is presently being done by Metropolitan Dade County. we find ourselves in a position of transporting almost a third of the patients which today we a&An- ister to sane 36,000. Metropolitan Dade County has had an average collection fee, primarily from insurance companies and Medicare, in which they derive about 44% payment of the funds for which they deliver services. It was my idea, and with the projection shown, that in those cases which we can col- lect - insurance oor.panies, it is a justifiable fee to transport patients. Medicare - it is a justified fee to transport patients. There are going to be those areas in which we cannot collect, and that will be handled by Dade County welfare, or by the citizens of this City, but what I am proposing in this ordinance, in those particular cases that we can collect. that the money is readily there available to be paid. It is projected that we can possibly derive revenues in the next 12 months of in excess of $480,000 by merely asking these people to pay, which is what they have always have done and will continue to do. It is a source of revenue; it is samething that is there. We are not going to go out, at this present time, or I don't foresee in the future, and dun people who can't afford it. We are going to transport people who can't afford it, but for those people who have insurance, and have Medicare, and it is a justifiable expense and can be paid, it would be esti- mated that within a two or three period, it would pay for the two new rescues that are being required, which are almost a half million dollars a piece. think it is money that is found money. It is cronies there that are payable every day by insurance ccnpanies, Paid by Medicare, and if we don't ask for it, we are not going to get it. This ordinance allows us to ask for it, and if we do receive it, we are going to be that much ahead of the game. Mr. Dawkins: What will it be earmarked for, J. L.? Mr. Plummer: For rescue operation only. Mr. Dawkins: All right. RT 63 January 9, 1986 Mayor Suarez: The only way that I would vote for it is if there were some more absolute and precise wording in the ordinance that specifies that we would not collect against those that don't have insurance coverage for the full amount that we are collecting. Mr. Plummer: I don't have any problem with that. Mrs. Kennedy: Drat do ca parable cities like this charge? Mr. Odio. Metropolitan Dade County charges $75.00. Mr. Plummer: Excuse me, I think the giestion should be - what will insurance caq:)anies pay, and what will Medicare pay, and that fee specified in their rates as $75.00. Mr. Dawkins: Medicare will pay 80%. Mr. Plummer: 80%? Mr. Dawkins: 80% of the $75.00, but that is better than no percentage of $75.00. Mr. Plummer: Exactly! And Cannissioner Dawkins, you know, I just thought that this was a way of getting monies for these new rescues, and in my estima- tion, that is where the monies should go back to. Now, I am not wed to that. You can put it in the General Fund if you wish. Mr. Dawkins: No, no! That is what I don't want! That is why I asked. Mr. Pluuner: All right, well then, my idea was to put it back into the operation of the Rescue Service, which in effect will reduce their monies for budget in the caning year. Mr. Odio: CcnTnissioner, the two rescue units cost $1,000,000 a year to operate - two additional. That is $1,000,000, so that we need find monies scum=where to pay for the two additional units that are needed badly. Mrs. Kennedy: So, in essence, we would be charging the people who could pay for a private ambulance, but if they cannot pay, then the City would not be charging them. Mr. Plummer: Well, let me go one step further on that. We get into a bind here, all right? ... and under the new State law, Rosario, you are mandated, and I have to use the terminology of the law, if you put a needle in those people, if our rescue puts in any kind of a needle, then they are mandated to carry them. It is not a matter of a choice that you can stop and let the ambulance carry then. If you inject them in any way, you have got to see them to the hospital. So that is where we are required in many cases to do the transporting, so because of that reason, I think that we are entitled to the same fee. Mr. Odio: Mr. Plummer, may I clarify something else to the public? If you call 911 for a rescue unit, you will not be charged. A rescue unit will care at no charge to an emergency. It is only if you have to transport that person to the hospital, because that thing has been also abused. Most people know that if you call 911, you have to get transported for free. Mayor Suarez: You know really, this can be a very positive thing as far as the public is concerned, if you clarify, Chief, and if the way it is imple- mented is such that we actually have more transportation as opposed to less. I notice a lot of gray areas where there is people that would like to be transported and not have to call an ambulance. I would strongly suggest to you the fact that we are going to generate revenues on I don't know what percentages of the cases, that we try to transport people to the hospital as much as possible. Mr. olio: Yes, the projection- is that we will raise ... that we will charge $900,000, or bill $900,000 and that we will only get $300,000 actually col- lected, so ... Chief McCullough: There are stringent guidelines that have been developed for transportation that have been in effect for a number of years, developed by RT 64 January 9, 1986 our medical adviser, and has been in intend to transport more people than we do that with only seven rescue units. effect for a long time and we don't currently transport. We are unable to Mayor Suarez: Well, I would suggest we reconsider that policy. if the people want to be transported and not have to call an ambulance, and if we are going to charge them for it in those cases ... what percentage of the cases would be covered by insurance? Mr. Plummer: 44%. Mr. Odio: 40% - 44%, somewhere in there. Mayor Suarez: Those are the neediest people, as it happens, the ones that are covered by Medicare, so ... Mr. Odio: But we are also saying that if you cannot pay, you will still be transported, because we cannot put them in jeopardy of their life. Mayor Suarez: Well, I understand that. That is our legal obligation. Mr. Plummer: well, but also, I want you to keep in mind that on the ambulance service today, if this rescue calls an ambulance, and that person is unable to pay, Metropolitan Dade County pays for it, even though we called the ambu- lance. Now, what I was unable to do in the recent negotiation, was to get Metropolitan Dade County to pay us, just like they pay the regular company. They said they couldn't do it. Mr. Dawkins: Why not? Mr. Plummer: well, they said that if that door was opened up, the cost would sky rocket for every part of the community and it would completely blow then out of the business. Mr. Dawkins: Well, have they forgotten that they pledged to this City, when this City donated the land and the building, in which they now have Jackson Memorial Hospital, that they would care for Miami City's indigents? Mr. Plunmer: I reminded them of that, Commissioner, and I bargained very hard on that particular item, and I lost. Mr. Dawkins: Well, why didn't you remind them that we have sane bridges to hold hostage, and we have got some things that County wants, and hold hostage? Mr. Plummer: I will live again to remind then, sir. Mr. Dawkins: Thank you, sir. Mrs. Kennedy: I think that in an effort to streamline government, we must pay for what we get, and the program to transport critically ill or injured persons to a hospital paid for by the City is an ideal situation, but one that will work only in a welfare society. so, with the understanding that we have discussed, I will cast my vote. Mr. Dawkins: I have no problems with this. Mr. Manager, I think that the public should know as well as I know, and the rest of us up here, that one of the reasons why you made a move in the Sanitation Department is that the Sanitation Department has $6,000,000 in uncollected liens. That is $6,000,000 of your tax dollars is out there, and you are in the process of collecting. So, all we have to do is, whatever firm you get to collect for waste fees, have them collect any uncollected ambulance fees. Mr. Odio: Yes, sir. Mayor Suarez: Well, you are going to meet with opposition from me on that. Depending on how this program cones back to the Camassion, I see that the ordinance gives us the ability to approve the plan of collection and I would not like to collect it against anyone unless an insurance company can Pay. It is as simple as that. That is my own ... Mrs. Kennedy: Right. That is what we agreed to. RT 65 January 9, 1986 0 Mr. Dawkins: We all agree on that. Mr. Plmmnner: If the insurance company can't pay, we can always call an ambulance and transport them by ambulance, and Metropolitan will pay. Chief McCullough: The person in the street will not know any difference, other than 30 days or so after they have been transported and cared for they will receive a bill in the mail. There is actually no change in the operation whatsoever. Mr. P1umEmer: None at all. Mayor Suarez: I hope the public is aware of the fact, and is made aware by the City of the fact that there is not going to be any collection efforts against individuals. Mr. Plumes: Correct. Call the roll. Mayor Suarez: In fact, I think once we get the procedure, we ought to notify the public by a public notice of some sort, assuming it doesn't jeopardize the legality of it because of differential treatment. Okay, on that basis, let's call the roll. Ms. Hirai: It's an ordinance, Mr. Mayor. Mr. Plummer: It is an ordinance - read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A USER FEE OF $75 FOR USE OF THE EtOtGF CY MEDICAL TRANSPORTATION SERVICE OF THE FIRE, RESCUE AMID INSPECTION SERVICES DEPARZNIE u; REQUIRING A PROCEDURE RECCWENDED BY THE CITY MANAGER FOR COLLB=ING OF SAID USER FEE AND APPROVAL 7HERWF BY THE CITY COMMISSION; CONTAINING A REPEALER PRWI- SION, A SEVE MILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Cannissioner Plurner and seconded by Cammissioner Dawkins and was passed on its first reading by title by the following wte- AYES: Commissioner Miller J. Dawkins Cardssioner Rosario Kennedy Cammissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City commission and to the public. 26. BRIEF OOMMUS PMARDING HOMELESS INDIVIDUALS IN MIAMI . Mr. Plummer: Mr. Mayor, can I bring up a point right now that has made me madder than hell? Mayor Suarez: Please go on. Mr. PlunTer: I am hearing, and I know you have addressed the problem about this so called national report that is caning down that Miami is the worse City in the United States as it relates to the hameless and helpless and hapless. Now, same -body needs to tell this world, and these national reports, that first and foremost, that responsibility is not that of the City of Miami; that that function and responsibility as.was Commissioner Dawkins referred to, the hospital, the ports, and that was given to Metropolitan Dade County. It RT 66 January 9, 1986 I is not the City of Miami. I forget the year that we turned over Dade County Welfare to the Metropolitan Dade County, as well as the Housing Authority► and the other things that were of a regional nature, and I hope same people would understand that even in lieu of that, this City is spending almost $1,000,000 a year feeding poor people and addressing the medical needs. we don't have to do that. It is the responsibility of Metropolitan Dade County! But, in spite of that responsibility being placed in that form, this City is still going beyond and doing $1,000,000 worth of it. Every time I turn on the television, and I hear these national reports that the City of Miami is not doing their fair share, it irritates me to no end, so I would just like to set the record clear that it is the responsibility of Dade County, Dade County Welfare, and in spite of that, this City has gone beyond its responsibility to the tune of $1,000,000, and I hope sane people will recognize that and do what is necessary. Mr. Carollo: Well, J. L., I think where we got the bad Press in was hat these people did no studies to find out that we indeed we were spending this kind of money through different social program, social agencies � artweea re sponsoring. Furthermore, South Florida, being the only subtropical of the whole United States, this of course, attracts a tremendous amount of street people. They want to come to a warm climate in winter, and if we go out and maybe do what some people suggest that we do, and that is, that every person is living under a bridge, every persons wants to throw a mattress somewhere in the street and sleep on it, to go ahead and feed them, then I will tell you 70- rla to have not 8,000 street people living in this City - in this eam mitt', we are going to have 800,000, because they are going to came from every corner of the United States: We have certain obligations up to a limit... up to a limit, but we don't have an obligation to fully feed anybody that wants to come from anywhere in the United States because they don't have a place to live. It is a big difference when it might be indeed, a poor family that is truly needy - that is a big difference! But when you are talking about many young people, many able bodied men and woman that can work, but just don't want to work, and want to live, you know, off of peddling monies so that they can drink it up in booze or something else, that is the big difference, and I don't think that society owes anything to people like that that don't want to work for a living, and want to mess themselves up either through alcohol or narcotics. We don't owe anything to them to feed them. We do owe obligations to families that are indeed trying, and are poor. That is a whole different story to itself, so I don't think it is fair to blast Miami in the way that we have been blasted by certain news media►when flood we have met our obligations and we certainly don't want to open up gates to ten 's of thousands of people to came to sunny Miami in the middle of winter when it is snowing somewhere else, because "Hey, those people are nice guys and they are going to feed you!" Mayor Suarez: Well, in addition to all of that, really, the premise is probably wrong, and I wish I hadn't been sort of hoodwinked into making comments to the national press about this problem that I had not checked on the premise, and if the City Manager could f ind some department that could give us an idea of how many homeless people there really are in the streets of Miami, because they are talking about 8,000. They are obviously referring to the Greater Miami area, and even then, I can't imagine 8,000 people wandering around Miami, unless you counted all the people that are going to all kinds of places in the evening. There is just no way there could be 8,000. How they conducted the study and so on, is very interesting to me - how it made the front pages of the local newspapers without anyone checking to see how they conducted the study - I don't remember then caning down here and asking any of us how many homeless people there were out there, and how many we had counted. I wonder how they arrived at that figure. There can't possibly be 8,000! Mr. P1umTer: I guess that is under the sane premise that last year we read in the paper where the crime rate soars in Miami, but yet, a couple of days ago we read where the crime rate has decreased in Dade County. RT 67 January 9, 1986 # •1 27. GRAVT OOCUM GROVE CA RfS► INC. WAIVER OF FEE AT COOON[.f!' GROVE E?MBITION M4TER FOR ANTIQUE SHOW - Mr. Dawkins; Before we get to item 25, can I take a point of special privi- lege? We have one of our most prominent citizens here, and she has o e for - standing up almost all morning been _item 39. Mrs. Virrick, will you o ward, so you can get out of here, darling? Mr. Carollo: Absolutely. Mayor Suarez: Can we have a show of hands - how many people are here on Mrs. Virrick's item? It seems to be more than a personal privilege at this point. It seems to be a collective necessity that we get this item - Mr. Dawkins: Only one is going to speak, I think, Mr. Mayor, I hope. Mayor Suarez: Yes, please keep it to one. We are going to take out of turn... Mr. Dawkins: Will the speaker came, who is going to speak for this please, so we can get Mrs. Virrick back home, please? Mr. Mike Simonof f : We have got a group caning through the door, so it may take a few minutes. Mr. Dawkins: Well, we can see them, Mike, go ahead! Mayor Suarez: Go ahead, Mike. Mr. Sirmnoff: Okay, they are out there, believe n i Mr. Dawkins. Okay, let's let them cane on in. You go right ahead, sir. _OT :r Mr. Simonof f : My name is Mike Sim Onoff . Iaye with Coconut Grove Cares, and we made a s p�ial appearance requestto talk about keeping our boxing pram going. Now, what I would like to do, in the interest of everybody's time, is introduce some of the people who have a few words to say, and if there is anybody speaking against this, I would like the opportunity for the final word, and I will reserve all my tents to the end. First, I wound like to introduce someone I am sure you all know - Marjorie Stoneman Douglas and also Elizabeth Virrick - I think their reputations precede then and they have done more for this camm pity, I believe, than any other two people through the years, and I would like to introduce Marjorie who is going to speak first, and then Elizabeth and then I will reserve my Mrs. Marjorie Stoneman Douglas: Thank you very much. Ever since I got up this morning, the words have been running through my head from the Gettysburg Address - "This nation, conceived in liberty and dedicated to the proposition that all men are created equal." That is the great proposition on which our country is founded, and yet we know, in our daily application of this thing, that all men are not created and all men and all wammen are not I a � �k ly• They may be created equal, but they don't live equal. there is any portion of our public, of our society, which is more forgotte and neglected than the young Black men, who are perhaps young youths, is from school, who have no training for jobs, who don't who are perhaps dropouts entl on the streets, and it is from there, being at get jobs, and are oonsequ y� very much trouble. loose on the streets, that we have had in the past, so the great work But, ever since Elizabeth Virrick started the boxing program, has been commenced, which has gone on so tremendously successfully to interest these young men in exercising and in taking care of their bodies, and not taking drinks and not running around nights, so that they... Mayor Suarez: Marjorie, let me interrupt you for a second. Mrs. Douglas: Yes, I am talking too much, I think. Now, before you give the complete Gettysburg address, I want to Mayor Suarez: to vote on your tell you that I have the feeling that the Commission is ready RT �] January 9, 1985 N 4 eat Miami City Camnissioner once said, and he is still sitting item, as a 9r ou talk, the less chance that your item here to my lefty sometimes the longer y has at being passed► and... Mrs. Dwglas; That is all right. Well, I will Quit right now, with pleasure' because I am sure... Mayor Suarez: Which translates to... • : Mrs. Kennedy: Which translates like -quit while you are ahead much more to say well, I than that, Mrs. Douglas: What? haven't very young Blacks, which determines the real • quality � eXCept the treatment of these Y we �9 depend upon you for that Properly Y nk of this country, and I hope you very mooch. Mayor Suarez: We appreciate your CxFTrnents. Mike, you... Mr. Plummer: Mr. Mayor, I make a motion at this time that this City waive the fee for the antique show which is held by Coconut Grove Cares and give them $10,000 in cash. Mrs. Kennedy: Second. Mr. Simonoff: Could I ask... W. Pluttmer: Mike, you talk, and I am going to withdraw it! Mr. Sizronoff: Could I ask one question? Could it be retroactive? Mrs. Kennedy: Is this retroactive? I was just going to ask that. Mr. Simonoff: Retroactive, to the fiscal year - mayor Suarez: Is the mover in agreement that it is retroactive? Mr. Plummer: Yes. Mrs. Kennedy: Why not? It has been moved and seconded. Hfiat do you think, Mrs Mayor Suarez: . Virrick? Are you going to let us vote? Mr. Plmrer: She is too smart for that. Mrs. Virrick: Oh, Yes• Mayor Suarez: Call the roll. introduced by C,am-nissioner Plum'►er► who The following motion was moved its adoption: MOTION NO. 86-19 A MOTION GRANTING RE4�T RECEIM FROM COCONUT GROVE CARES INC. FOR WAIVER OF THE REIJfAL FEE AT COCONUT GROVE E)MTBITION CRIM INCaoWrION WITH THE STAGING OF THE ANTIQUE SHOW; FURTHER DIRECTING THE MANAGER TO MAKE THIS WAIVER RETROACTIVE TO THE BEGINNING OF THIS FISCAL YEAR; AND FwrHm DIRECTING THE ADMINISTRATION TO ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 IN SUPPORT OF THE BOXING PROGRAM. ssioner Kennedy, the motion was passed and Upon being seconded by Canni adopted by the following vote- January 9, 1986 14 AYES: CTmissioner Joe Carollo C V&ssioner J. L. Plurtmer, Jr. Cawtissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins Mr. Plummer: GoodbY= Mrs. Virrick: Thank you► and I won't say another word until later! Mr. Plummer: Mr. Mayor, for the record, I want to interject? City this rop, am a is a conjunction program with the City of Miami. They Y don't want anyone to think that we have set a precedent here, by helping out our own program as well as Coconut Grove Cares, so that did for�them,gates don't because Open at a later time, saying you did for than.•• yeS► they are a City program. .ins• Befave, Mike, I want to tell all of you one thing. If ore you le you cant support the program, wind it down: Mr. plummier: That is it. Mr. Dawkins: We don't have any irony• Mr. Pl=ner: Next Year the cupboards are more than bare. Mr. Dawkins: We will help you raise the moony, but we don't have it. Mr. Simonof f : Well, as we talked with some of the Carmmi a ithiers, I think we can consolidate this �back�for next wive for a City what we will be caning Mr. Dawkins: I just want to put them on notice. 28. ALTI'HGRIZE ACC WITH E.H. FRIEND & 00. FOR AERIAL ASSISTANCE IN PENSION MATTERS. Mayor Suarez: Item 25. Mr. Plumper: I move item 25. Mr. Dawkins: Seoond. Mr. Plummer: We have now choice. It has been moved and seconded. Any discussion from the Call the roll, please. Mayor Suarez: Commissioners? The following resolution was introduced by CmTdssioner Plummer► who Mved its adoption: RESOLUTION NO. 86-20 A gE.SQLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE p� �7C[Tl'E A PROFESSIONAL SERVICES AIGREII�► IN SUBgMUTALLy THE FORM ATTACHED HERETO ► WITH THE FIRM OF E.H. FRIEND & OCMPANY, FOR EXPERT ACTUARIAL ASSIS- TANCE IN PENSION MATTERS AT A OOST NOT TO EXCEED $48,000 WITH FUNDS THEREFOR ALTDCATED FROM SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, anitted here and on file in the Of f ioe of the City Clerk . ) 70 RT January 9, 1986 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. Commnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSERr: None. Mayor Suarez: I just want to say before voting on it, that I am voting under the assumption that I always vote on these consulting matters, that there is no way to do this in-house. Mr. Odio: No, sir, we have no choice. Legal Requirement. Mr. Plummer: No, sir, you cannot. Mayor Suarez: Well, there is a legal requirement that we do it with external audit? Mr. Plunner: No, you have to do it out -of -house. Mr. Carollo: By you explaining your vote when you are voting, does that mean that we are allowed to explain our vote now? Mayor Suarez: No, no. We had no discussion on the item before, and rather than have a lengthy discussion, I wanted to explain my vote. i Mr. Dawkins: Item 25? Mayor Suarez: That was 25. Mr. Dawkins: Mr. Odio, this $48,000 was for 12 months, okay? Mr. Odio: Yes, sir. Mr. Dawkins: The contract started October 1. Now, can we start October 1? Mr. Odio: We will adjust it so that it goes back to the first month and they get this. Mr. Dawkins: Have they been working since October 1? Mr. Odio: No. Mr. Plummer: No, they have not done anything. Mr. Dawkins: All right, then, that means that four months of this contract, which is $32,000, canes off of the $48,000, right, so it only goes... Mr. Odio: We need the total amount according to Carlos Garcia. Mr. Plummer: No, that is for eight months. See, this didn't kick in until the Gates suit was settled and the new boards were in place. Mayor Suarez: Can the amount not be reduced? Mr. Dawkins: "The term of this agreement shall be from October 1, 1985 through September 30, 1986. That is the term of the agreement. Mr. Odio: You are right. Mr. Carlos Garcia: Mr. Mayor and members of the City Commission, the amount is related to specific work this firm has to do, like doing a pension report and so on, so it doesn't relate to term, necessarily, but to the type of work they need to do. Mr. Plummer: Mr. Dawkins, do you understand it? _#Y' h RT 71 January 9, 1986 44 Mr. Dawkins: Go ahead. No further discussion. Yes, Mr. Plummer: Okay, because most auditors, they sit around and do nothing until the end of the tax year. Mr. Dawkins: Go ahead, Mr. Mayor. Mayor Suarez: Maybe we shouldn't pay them until the end of the fiscal year! Mr. Plummer: For the full year 29. CDWINUE ITEM AC(72TIM PROPOSALS OF HEDCPEI'H AND GALLAGHER, INC. AND J. M. QUIIMIVAN, REAL ESTATE APPRAISALS. Mr. Plummer: I move item 26. Mayor Suarez: We have a motion. Do we have a second? Mr. Dawkins: I am going to continue 26. Mr. Plummer: Continued - date certain. Mayor Suarez: Does the mover accept the motion to continue? Mr. Plummer: I withdraw my motion. Mr. Dawkins: The reason I want to continue it is that (Mr. Bailey, you need to care up here) there are minority appraisers. We got Latin appraisers, we got Black appraisers, we have got all kind of appraisals, and as long as I have been sitting up here, I never see a minority firm as an appraiser. Now, why? Mr. Al Armada: Good morning, my name is Al Armada, I'm the Property and Lease Manager. Commissioner Dawkins, in this particular situation, and this is a good example of what the problem really is. It is sort of like in a Catch-22 situation. As you can see, Federal monies are involved in the acquisition of this piece of property - cam pity development monies. We are bound by the Federal regulations to get two appraisals. It doesn't really matter, as far as the Federal government is concerned, whether they are M.A.I. appraisers, or any other national designations. As long as they are national designations, we can go with them, okay? If we were, on the basis of those appraisers to make an offer to the seller, and he is willing to accept their offers, we can do that, and it is legal, and that is the end of the game; however, if the problem is one in which when we make the offer, we go before the courts, because the seller does not want to sell to us, he does not accept our offer, the courts, in this particular area, are basically going with the opinions that are determined in terms of the market value of these pieces of property, solely by M.A.I. appraisers, okay? So, unfortunately, there is a preponder- ance in this area to go with those kinds of appraisers only - the appraisers that have M.A.I. designations only. In other parts of the country, they use others, but in this area, that is what they are using. That is the practical reality of it. I, myself, have asked M.A.I. appraisers, when I solicit this type of work, if they do have minorities, but unfortunately, it has never been a systematic procedure, and in fact, we do have to improve on that. There is no doubt about it, but the truth of the matter, as far as I know, M.A.I. appraisers, there are no Hispanic or Black M.A.I. appraisers. Mr. Dawkins: I promised myself that in 1986, I wouldn't care what you come up here and tell me, we were going to lose, that I was not voting. Now, being a minority, I understand why there are no minorities and why we use M.A.I. If you use M.A.I., you lock all minorities out, and you lock M.A.I. white folks in, okay? Now, and it is not my fault, that I have been sitting here for four years yelling and screaming that you have to use minorities; that you have not been giving minority appraisers work that you could give them, so I would not... you could tell we "Well, we gave the last one to a minority, we can't give this me to him." So I have no problem with that. Continue this, please. RT 72 January 9, 1986 Mayor Suarez: Commissioner Dawkins, I would like to have a vote to reflect the C nrdssion wants to continue this item. We have a motion to continue. Do we have a second? Mr. Carollo: Second. Mayor Suarez: Call the roll please. No further discussion. MOTION To CWTINUE Upon motion being duly made and seconded, this item was continued by the following vote: AYES: Caruni.ssioner Joe Carollo Oamnissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mayor Suarez: Reluctantly, yes. 30. APPROVE USE OF FLAC,AMI PARK FOR SOCLAL/N=TIONAL SERVICES To AREA RESIDENTS. Mr. Carollo: Move item 27. Mayor Suarez: Is that the one we are on, item 27? Mr. Carollo: Yes. Moved. Mr. Dawkins: On item 27, continued, and continued it until we can find out who those people are and that other people has access to put in a bid to use this property. Continue it until... Mayor Suarez: Do I hear a motion on 27? Mr. Dawkins: Yes, move to continue. Mayor Suarez: Wait a minute, Commissioner. I think before your motion, there was a motion. Mr. Carollo: There was a motion to approve, but if the Camnission wants to continue, I will withdraw my motion. Mayor Suarez: We have a withdrawal of the motion to approve; we have a motion ` to continue. Any discussion? Do we have a second? Do we have a second to the motion to continue? Mrs. Kennedy: Why do you want to continue, Ccm�issioner Dawkins? Mayor Suarez: Would you please tell us why you want to continue? Mr. Dawkins: I want to continue it because I do not know who this is, and I do not know that every other organization in Miami has been given an opportu- nity to apply to use this land. We are taking City park, and all I see is where one organization has applied to use it. I want to know that we have offered the opportunity to everybody in Miami to use it and that this is a better use for it, that is all. Mayor Suarez: Does the City Manager recammend it 'and so why? Would you please tell us that. Mr. Olio: Carl. RT 73 January 9, 1986 N A Mr. Carl Kern: Carl Kern► Director of Parks and Recreation. We recanTend that this be approved in principle. This is not a final approval. They would have to came back to you with building plans, construction plans, funding plans. Basically, the S. W. Social Services Agency, and there are many representatives right here -tars. Pinera and Mrs. Vasquez can describe the program. They have a hot meal feeding program, a recreation program. These are for senior adults, senior citizens, mostly Hispanic. 80% of them live in the neighborhood. It is kind of a forgotten group of people; a lot of then are elderly people in this area that don't have a lot to do. They don't have a place to go, they don't have a place... right now they have a very small place and they are over capacity on their meals and recreation programs. W have this little piece of land there. We would recommend, if they get funding from the state, that we approve this in principle. They still have to go to the state and try to get funded for this new structure, care back and present their final plans, so we would recommend that it be approved in principle, and I do have representatives here, if you would like to hear them say something. Mr. Plummer: Well, let me ask a few questions. Mr. Dawkins: I know the individuals, I know what they are doing, and in fact, we have discussed this before, but the only thing I am saying is, I don't need, three months from now to have somebody care and tell me "We didn't know this land was being made available; if so, we would have complained." That is all I am saying. I am with them 100%. I know what they are doing. I know the people that need to be fed. I know that the facility that you have is busting at the seams. I've always been one to say we need more money and provide the money. I'm not against the program! But, th rejust� ave to nobody else now that what we are doing is agreeable to everybody � canes and says "I can do it better." Mr. Kern: Yes, sir, we would have to go through, if they are funded, and they have a capacity to proceed with their project, we would have to go through the regular public announcements, bidding procedures, and everything else that we do whenever we make a piece of City land available - we would still have to go through that procedure. This resolution in principle would enable them to apply for this funding from the State of Florida. Mr. Dawkins: But, when you do that, then this group has a head start, I mean... nobody seems to be hearing what I am saying! Mr. Plummer: Well... are you finished? Mr. Dawkins: Go ahead, J. L. Mr. Plummer: Carl, first of all, let me tell you my fear - when you say state funding, state funding for what? Mr. Kerns: Apparently some funds were set aside by the State Legislature for these senior centers, for recreational, nutritional centers throughout the state, and they are eligible to receive one of these grants. Mr. Plummer: okay, I think we need to remember what happened to us with Orlando Urra, okay? Here we built a first-class beautiful facility, and forget about putting the money up for food. Now, as we know, all of these programs are winding down and out! You are building another facility - of course, it doesn't indicate here how many people it would feed, or how many people it will do what, but I am wondering, are we boxing ourselves in once again? I would hate to see that we have a facility, and then have people caning here saying well, great, we can't eat the building, and we need to feed people! Were is the money caning from? I think you had better start ad- dressing that, if you are going to be putting kitchens, and all of those things into that building, because this City is not going to have the money! Social programs are gone! Federal Revenue Sharing is gone. Now, keeping all of that in mind, when you cam back here at the next meeting, are the protec- tions built in there, that this City Oamdssion is not going to be placed in the position that we don't have money to provide food programs that are wanted. Now, we are trying to be favorable to the people of Flagami. I would hate to see this place built and have those people cane down on top of us, by "You You do for them and them and them!" I am saying somebody better face reality now. The reality is, these monies are gone. Amen! i RT 74 January 9, 1986 OA A Mayor Suarez: I am looking at the resolution here, Ccrdssioner Dawkins, and section 1 states, on the actual resolution, that - "The use of City owned Flagami Park, located 7121 S.W. 1 Street by a non profit social service agency for the purpose of providing social, recreational, educational, and/or nutri- tional services to area residents is hereby approved in principle." That, I don't think there is any problem with. Here is section 2, now - "The City Manager is hereby authorized to review in particular the preliminary proposal of S.W. Social Services Program► Inc., to provide such services for the needy elderly from that City facility." I would suggest that we take out the "in particular" and add at the end - "as well as any other application." Would that satisfy your concerns? Mr. Carollo: I think all that you would have to do, Mr. Mayor, is just leave that first paragraph intact and not add anything more to it, then. Mayor Suarez: If you took the second paragraph out altogether, would you still be able to apply for State funds? Unidentified Speaker: Yes. Mr. Carollo: sure, because then, the City Manager could review theirs... Mayor Suarez: As well as any others. Mr. Carollo: ... anybody else, but they are still involved. Mayor Suarez: As well as any others - by implication, they would review any others. Mr. Dawkins: When this was first discussed, we went along with it, those of us that are still here, even though Wellington Rolle got up and said that once land was dedicated for a park, that is all that it could be used for, and we said, "Okay, we know they got... , " so we went along with it, and all I am saying to you is, before you go off the deep end, be sure that Wellington Rolle, and saTebody else won't end up with us in court, saying that we have violated the law, and what have you. That is all that I am saying! Mrs. Kennedy: Could I ask a legal opinion? Mayor Suarez: Are we okay if we just left the first paragraph of the resolu- tion? Mrs. Dougherty: About the use? Mayor Suarez: Yes. Mr. Dawkins: I withdraw my Trove to continue, and go ahead with whoever makes a move. Mr. Carollo: I move 27. Mayor Suarez: Minus section 2. Mr. Carollo: Minus section 2. Mr. Plummer: Well, i am assuming that that carries with it whichever agency is favored will provide through whatever means the funding to operate. Mr. Carollo: That is the only way that we can approve it. Mr. plumper: No, I want that stipulated right from the very beginning, Joe. I don't want anybody... Mr. Carollo: In other words, what we are approving is, and I will read into the record - "Approving in principle the use of City owned Flagami Park, located at 7121 S.W. 1 Street by a nonprofit social service agency..." Mr. Plummer:... ,who will provide all necessary funds for said operation..." Mrs. Kennedy: ... "for the purposes of providing..." RT 75 January 9, 1986 A I►t. Carollo. Hold on. "For the purpose of Providing social, recreational, educational and/or nutritional services to area residents," period. Mr. Plummr: But, the providing all funds is in there. Mr. Carollo: Sir... Mr. Plumper: They will provide all funds. Mr. Carollo: Well, we certainly don't have them. Mr. Plmymr: But► if you see, if you put it in there from the beginning, as Father Gibson used to say, "Black and white don't lie." Mayor Suarez: Commissioner, I think the first two words, I think, takes care of that. The use is all we are approving. Mr. Carollo: Yes, the use of the park. Mr. Plumper: Xavier? I am telling you, spell it out! Mr. Carollo: Well, I have no problem with spelling it out. Mr. PlmTner: That they spell it out! Mayor Suarez: Yes, there is no problem spelling it out, but you are adding wording to something that may not need it. Mr. Plummer: Well, I am saying, if you put it there... look, contracts are never looked at unless there is a problem, okay? I am saying that that social agency shall provide all necessary funding. Mr. Carollo: Well, this is in principle anyway, J. L., so it has to come back to us after the Manager reviews this... Mr. Plummer: I am just trying to do it from day one! Mr. Carollo:... but, you know, I think you are right the way you say it, and Miller has brought out a good point. Now, I have no problems to include that extra wording. Mayor Suarez: Yes, let's include the provisos so we can get on with the vote. We all seem to agree here. Mr. Plummer: As amended, fine. Mr. Carollo: As amended, yes. Mr. Kennedy: I second your motion. Mayor Suarez: It has been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION N0. 86-21 A RESOLUTION APPROVING, IN PRINCIPLE, THE USE OF CITY - OWNED FLAC,AMI PARK, IDCATED AT 7121 SOUTHWEST THIRD STREET, BY A NONPROFIT SOCIAL SERVICE AGENCY FOR THE PURPOSE OF PROVIDING SOCIAL, REaMTIONAL, EDUCATIONAL AND/OR NUTRITIONAL SERVICES TO AREA RESIDENTS, WHICH SOCIAL SERVICE AGENCY SHALL BE REQUIRED TO SECURE ALL NBCESSARY FUMING TO PROVIDE SAID SERVICES; FURTHER PROVIDING THAT ACTUAL USE OF SAID PARK SHALL NOT BE AUTHORIZED WITHOUT FINAL APPROVAL OF THE CITY COMMIS- SION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) January 9, 1986 .A Upon being seconded by Camlmssioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo om ni.ssioner J. L. planer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ASSENT: None. Mr. Carollo: Now, of course, you are aware that the City Manager will review your proposal and the other proposal► then he will come back to the City Commission and this City o mnission will me fimighnta be decision. c s avor of someone final decision might be in favor of your proposal, else's proposal, might be in favor of nobody's proposal. Unidentified Speaker: Yes, I understand. Mr. Carollo: Thank you, Ma'am. Unidentified Speaker: Thank You on behalf of the residents of Flagami that are present here Y 31. FINIDING CERTAIN PARK RENOVATION PROJECTS TO BE FMERGQ]C.'Y PROJECTS. Mr. Pltamner: I trove item 28. Mayor Suarez: Item 28 has been moved. Do we have a second? t Under discussion 43% of this material will be used Mr. Dawkins: Second it. in Bicentennial Park. Where will the other 67% go? Mr. Carl Kern: Yes, sir, the balance will be used in the target parks that the committee has... Mr. Dawkins: What parks? Mr. Kern: All the target parks scheduled for repairs. Mr. Dawkins: I'm sorry, I thought you said parking parks. Mr. Kern: Oh, no, sir. These are neighborhood recreation parks. Mr. Dawkins: Okay, I have no problem with that. Mr. Plu iv-x : Call the roll. Mayor Suarez: Notion has been moved and seconded. No further discussion? Call the roll. The following resolution was introduced by commissioner PlunTer, who moved its adoption: RESOLUTION N0. 86-22 A RESOLUTION RATIFYING► APPROVING AND CONFIRMING, BY A 4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY O"USSION, THE ACTIONS OF THE CITY MANAGER IN FINDING CERTAIN PARK RENOVATION PRDJW 'S TO BE EMERGENCY PROTECTS AND IN ALMORIZING THE ISSUANCE OF EMERGENCY PURCHASE ORDERS FOR THE IMPLFATION OF SAID pRpJWM TO BANHE;;eW I,AEDSCAPING, INC. IN THE AMOUNT OF $107,775.00, CHRIS AND TOM W TERS AND COMPANY IN THE AMOUNT OF $2,13000, AND JACKIE'S PARKM SOD APPROXIMATELYCOMPANY, INC. IN THE AMOUNT 750,0 $23 0 SQUARE FEET O OF SOD AND 2.00 FOR �� CUBIC YARDS OF SAND AND SOIL, AS NEEDED, ON A CON- TRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF THE 1985E $133,153.00; A11=TING FUNDS TAR 86 SPECIAL PROGRAMS AND ACOOUIJI'S ► PARKS IMPROVEMENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Cannissioner Joe Carollo Commissioner J. L. Plummer, Jr. Cannissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32. ACCEPT COMPREHENSIVE TRAFFIC STUDY OF COOONUT GROVE. Mayor Suarez: Item 29. Mr. Plummer: Item 29 I will move. Mr. Mayor, for the record, the consultant, David Plummer, is not related to me. Mr. Rodriguez: That is number... the first one I was recamwvied is Transport Analysis. Mr. Plummer: I am just putting on the record that David Plummer is not related to me. Mr. Dawkins: Under discussion - are we still on 29? Mr. Rodriguez: 29, sir. Mr. Carollo: He's doubled 'm', you're one. Mr. Damns: Under 29, provide me with the cooperative stock papers, if possible, and stock certificates, so that I can see what is what. Now, under me priconsultant subcontractors, it says that traffic data corporations, both firms are part female minority owned. I need to know what part of the oompa- ny, part female is, and the only way I can know that is see stock oertifi- cates. Don't cane and tell me that it is 51% minority owned and you can't prove it. Mr. Rodriguez: We will do that. 78 RT January 9, 1986 A A Mr. Plummer: Do you want to hold the item up for that? Mr. Dawkins: No. Second. Mr. Plummer: Then call the roll. The following resolution was introduced by C nnissioner Plumier, who moved its adoption: RESOLUTION No. 86-23 A RESOLTTION ACCEPTING THE RECMgMATIONS OF THE CITY MANAGER AND THE COMPETITIVE SELECTION COMMITTEE FOR PREPARATION OF A COMPREHENSIVE TRAFFIC STUDY OF COCONUT GROVE; APPROVING THE NAMES OF THE MOST QUALI- FIED PROVIDERS IN THE FOLLOWING RANK ORDER: 1) TRANS- PORT ANALYSIS PROFESSIONS; 2) DAVID PI 3R AND ASSOCIATES; 3) KIMLLEY-HORN AND ASSOCIATES; AUTHORIZING THE CITY MANAGER TO ENTER INTO COATI4RACT NEGOTIATIONS PURSUANT To SECTION 18-52.3 OF THE CITY CODE; AND FURTHER INSTRUCTING THE CITY MANAGER TO SUBMIT THE NEGOTIATED CONTRACT To THE COMMISSION FOR APPROVAL PRIOR TO MMITION THEREOF. (Hera ::c :y of resolution, anitted here and on file in the Office of the City Clerk.) Upon being seconded by Comnissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Crnmissioner Joe Carollo Camnissioner J. L. Plummer, Jr. C nmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. CONTINUE ITEM ACCEPTING "DOONOMIC STUDY OF THE MIAMI RIVER" Mayor Suarez: Item 30. Mr. Plummer: Mr. Mayor, I would like to Trove in this particular case, that the second firm become the first. Mr. Dawkins: Hold it. I continue this one. Mr. Plummer: Continue it is fine. Mayor Suarez: We have a motion to continue. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Do you want to tell us at this point, Cmmissioner, why you were going to 17 propose that change, or would you rather reserve it. Mr. Plu ler: Yes, sir. Laventhal & Horowitz is the fire that gave me the $6,000,000 subsidy on the Knight Center. I don't want them to give me any mare: Mayor Suarez: I thought that is what you were going to say. Mr. Plummer: I can't take any more of their benevolence. Mayor Suarez: We have a motion and a second to continue. Any further discus- '' Sion? Please call the roll. a: 19 79 January 9, 1986 Ell, 7 A. The following motion was introduced by Commissioner Dawkins, who moved its adoption: NOTION NO. 86-24 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED RESO- LUTION CONCERNING CONSULTANT SELBCT'ION FOR PREPARA- TION OF AN "DCX7Ai me STUDY OF THE MIAMI RIVER". Upon being seconded by Comnissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Comr dssioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: Item 31. Mr. Dawkins: Before you get to 31, Mr. Mayor - Madam City Attorney, how can we do away with the Selection Committee? Mr. Plummer: You can't, that is... Mr. Dawkins: I mean, let this Board be the Selection Committee. Mr. Plummer: No, that is State law. Mr. Dawkins: All right, okay, you have to do what, now? Mr. Plummer: State law. Mr. Dawkins: State law? Mr. Plummer: Just like architects... Mayor Suarez: Who constitutes the Selection Ccrff&ttee? Mrs. Dougherty: It is actually in our City code. Mayor Suarez: Are you talking about doing away with the procedure of using a committee, or doing away with this particular oomm&ttee? Mr. Dawkins: This particular... Mayor Suarez: And renaming it. Mr. Plummer: The are named by the Manager. Mr. Odio: Sir, may I say something on item 30? Mayor Suarez: I think we have just gotten to you, because you are the one that gets to appoint them. Mr. Odio: No, but the thing is that this is a cambined study done in oombina- tion with Metropolitan Dade County and the State of Florida. We are only one- third of the whole process. Mayor Suarez: Does that mean that we are one-third of the oam>tdttee? Mr. Odio: No, I am sorry, I was Mr. Rodriguez: We selected the whole committee. You selected... the Commis- sion selected the whole committee, concerns the recommendations of the Manag- er. KA 80 January 9, 1986 Mayor Suarez: Well, we have got a lot of different answers now at this point. Now, who selected it? 1Ihe City Manager did? Mr. Rodriguez: The City Manager... Mayor Suarez: And he recommended and we approved? How did it work, Sergio, please. Mr. Rodriguez: The City Manager reoannended the cawdttee before and it was presented to you with the R.F.P., and one of the conditions that was made by one of the Cannissioners was that we have representatives from the private sector, which were included. On page 4 of your packet has the names of all the cammi.ttee members that include the City, the County, and the private sec- tor. Mayor Suarez: How long ago was the committee appointed? Mr. Rodriguez: It was appointed by resolution on July 18, 1985. Mr. Dawkins: And I complained then, and I oaTlain now that these oomnittees are made up, and they do not ref lest the caTposition of the City of Miami, and therefore you give ne a Cuban and a Black. I have to say "a" so you all won't think I say "a" and mean "eight", and the two minorities are always outvoted. That is ocmmon practice, Mr. Mayor. Well, then, I want to know how to change it! Mayor Suarez: Well, let me tell you, Commissioner, I don't know, on this particular committee, if they are going to go back and recampose it, but in any future comnittees that are not representative of the entire comminity, I am not going to vote to approve it, so they are going to have two votes against them. Mr. Dawkins: Good, well, that is good enough, go on to 31, or wherever we are. ' Mrs. Kennedy: Three. Mayor Suarez: It sounds like we have three, because I just heard from CamsmLis- sioner Kennedy on that point. We will probably get five. Mr. Dawkins: All right, no problem. Mr. Odio: For information, Candssioner Dawkins, what do you want us to do with this item 30? Mayor Suarez: We are ready to vote on item 30. Mrs. Kennedy: It has been continued. Mayor Suarez: I am sorry - continue item 30. We voted a mmntion to continue. Mr. Dawkins: Continue because we got two votes up here that don't want Laventhal and Horowitz, and I would like to )mow why is it that Pat , the minority, why she has got to be tied in with someone, can't have her on her awn. Mayor Suarez: We have a motion to continue and a second. Any further discus- sion from the Cammission? Mrs. Kennedy: We voted on it. Mr. Plummer: It is already voted on. Mayor Suarez: It has been continued. Thank you. RT 81 January 91 1986 f 34. APPROVE CONTRACT WITH DIM-SDCKINGER & ASSOCIAT'E5, INC. FOR A RIGHT OF WAY CONDITION SURVEY AMID STREET MAINTENANCE WCRK PROGRAM AMID BUDGET, Mayor Suarez: Item 31. Mr. Plummer: I will move it if nobody has objections. Well, I don't move it. Due to the lack of interest, today has been cancelled! Mr. Dawkins: Yes, second. Mayor Suarez: He is seconding the cancellation of today, or just this item? Mr. Plummer: Take your choice! Mr. Dawkins: J. L. said he moved item 31. I said I am seconding it. Mayor Suarez: He moved the postponement of item 31. Mr. Plummer: No, sir. Mayor Suarez: You nuve item 31? Mr. Plummer: Yes, sir. Mayor Suarez: It has been seconded. Any discussion from the Commission? Call the roll. The following resolution was introduced by Ommissioner Plummer, who moved its adoption: RESOLUTION NO. 86-25 A RESOLUTION APPROVING A NEGOTIATED PROFESSIONAL SERVICES CONTRACT BE7WEEN THE CITY OF MIAMI AND DIAZ- SDCKINGER & ASSOCIATES, INC. FOR A RIGU OF WAY CONDITION SURVEY AND AN ANNUAL STRUT MAINTENANCE WORK PROGRAM AND BUDGET FOR THE CITY; AND AUTHORIZING THE CITY MAID TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO ON BEHALF OF THE CITY WITH FUNDS TiIM=R ALIACATED FROM THE LOCAL OPTION GAS TAX FUNDS ACCOUNT. (Here follows body of resolution, ami.tted here and on file in the Office of the City Clerk.) Upon being seconded by Gamdssioner 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: Mayor Suarez: Yes, with the proviso that these monies moist be spent for the studies and they cannot be done in house. RT January 9, 1986 35. ACCEPT BID: M. VILA AMID ASSOCIATES., INC. FOR to= DRAINAGE PRWBCT E- 55. W. Plummer: Move item 32. Mr. Dawkins: They moved it, you have to second it, J. L. Mayor Suarez: We've got two troves and no second. Mr. Plummer: Thank you. Let me ask a question. Why did we defer this item before? Mr. Olio: Because of the liquidated damages. You didn't feel that we had enough into that... Mr. Plummer: Have we got the protections built in now? Mr. Odio: CM this one, we cannot go back retroactive and do it. We must award this and then we explained to you today• we are coming back with... Mr. plummier: Well, we either do that, or we throw it all out. Mr. Don Cather: Yes, but this is a good bid and we've got a $500 a day penalty and your Is would be $500 and yours would be $600. Mr. Plumper: Well, the question is are we secure in dealing with this partic- ular caTpany, if they are going to... Mr. Odio: Yes, sir. Mr. Cather: In this particular case we have had excellent luck with Martin Vila and Associates, and I think he is a very good contractor. Mr. plumper: Wmt is your reca►mendation, Mr. Manager? Mr. Odio: That we approve this now and that... Mr. Plummer: I Trove item 32. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. Any further discussion? Please call the roll. The following resolution was introduced by amnissioner Plummer, who moved its adoption: RESOLUTION N0. 86-26 A RESOLUTION ACCEPTING THE BID OF M. VILA AMID ASSOCI- p, S, INC. IN THE pRppOSED AMOUNT OF $639,622.00, TOTAL BASE BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PFaTB= E-55 WITH MONIES THEREFOR ALIACATED FROM THE "IACAL DRAINAGE PRQTDCTS" ACCOUNT IN THE AMOUNT OF $639,622.00 TO COVER THE CONPRACT COST; AND AUTHORIZ- ING THE CITY MANAGER TO EX0CUTE 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 Cannissioner Kennedy, the resolution was passed and adopted by the following vote- 0 83 January 9, 1986 ,,,..�•.—._..—._..�s-- ��.—��s..e-nen�eenwaa�eww�w�a A AYES: Comnissioner Joe Carollo Cammissioner J. L. PlUMTTer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 36. APPOIN'IMWM TO HEALTH FACILITIES AUTHORITY; GUSTAVO BARREIRA, OIGA COSIO, CWT-FS GMMIEB. Mr . Plummer: Mr. Mayor, is there any item that you need me here on? Mr. Dawkins: Yes, we need you on item 33 and I am getting ready to move 33 because... Mr. Plummer: Well, I am getting read to leave, so... Mr. Dawkins: Mr. Charles Gottlieb, his term expired February' 1985. He has been temporary. Ms. Marta prado's term expired in June of 1985, and so I would like to see them reappointed and saTebody up here would have to name a member to replace Dr. Modesto Mora and... Mrs. Kennedy: I understand that is mine. Mr. Dawkins: That is yours? Mrs. Kennedy: Yes. Isn't that Denetrio's... Mr. Dawkins: Well, I am assuming everybody up here has one, because T. Willard Fair must have been Father Gibson's, because I don't think nobody up here put him on. Mr. Carollo: No, I don't believe he was. How many members do we have here? Mr. Dawkins: Five. Mr. Plummer: Gottlieb was mine. Mr. Carollo: Gottlieb was yours? %bo was the other one, now? Mrs. Kennedy: Modesto Mora.. Mr. Dawkins: Marta Prado. Mr. Carollo: Marta Prado, who else? ~ Mr. Dawkins: Talmadge Fair. Mr. Carlos Garcia: Mr. Goldrich is a member, Mr. Fair, and Dr. Mora, who resigned, and just a canment regarding Ms. Prado. Ms. Prado moved out of the City, she lives in Brvward County at the time, so she would not be able to be appointed to this authority. It has got to be... Mayor Suarez: Carlos, who was the Mayor's appointee, just for my own... Mr. Garcia: I don't know at this time who appointed who. I think every year... Mayor Suarez: Have these been appointed on the basis of rotating them among the Camiissioners? Mr. Garcia: I think members of the City Cannission nominated names and they voted on those names. There was no particular appointments. 84 January 9, 1986 RT Mr. Dawkins: well, there are only two persons - that is Mr. Gottlieb and Mr. three members, so each Fair, so I take Fair and he takes Gottlieb, so you got one of them gets to appoint somebody. Mrs. Kennedy; Yes, but we have more appointments because Marta Prado is being... Mr. Garcia: We have three appointments to make today. Mrs. Kennedy: And also, Modesto Nora resigned, I understand. Mayor .Suarez: I suggest we vote on the ones that we are ready to nominate and to tell leave the other ones pending. I am not ready to nominate anyone, you the truth. Mr. Plummer: Which ones are up today - Gottlieb... Mr. Dawkins: Gottlieb, Prado...Gottlieb was up in February, 1985. Mr. Carollo: Charlie Gottlieb? Mr. Dawkins: Yes. Marta Prado was up June, 1985, and Dr. Mora resigned. Mr. Plumper: When are the other two appointments W. Mr. Dawkins: I don't know, I don't have that. Mr. Carollo: Wait a minute. Is this the same Charlie Gottlieb that owns Burger King? I thought he is in hamburgers. %fiat is he doing in this thing? Mr. Garcia: William Goldrich is a C.P.A. and Mr. Fair - T. Willard Fair, those are the two other members. Mr. Dawkins: Those are what, now? Mr. Garcia: Those are the current members. Mr. Dawkins: When does their terms expire? Mr. Garcia: Mr. Goldrich's term will expire in June of 1986 and Mr. Fair's in June of 1987. Mrs. Kennedy: Replacing Dr. Mora, I have a nomination, which is Augustin Barreira. Mr. Carollo: I am going to make a nomination of Olga Cosio. Mr. Dawkins: That gives us four and the Mayor said he is going to hold off, because his is not ready, but at least the board will be able to function. That is what I mean, that I was hoping. Mayor Suarez: Do we have... Mr. pl=rer: I make a motion accepting the four names; the fifth one to be surrendered by the Mayor. Mr. Garcia: Excuse me, how about Mr. Gottlieb? Are you going to be appoint- ing him at this time? Mayor Suarez: The motion includes his reappointment - the four that were read. We have a motion and a second. Do we have any further discussion? Please call the roll. Mr. Garcia: Could I just make a comment? Right now we have five names - we have Goodrich, Fair, Gottlieb, Commissioner Dawkins's - I'm sorry, and Commis- sioner Kennedy's, Commissioner Carollo's. We have five names. Mr. Dawkins: ...And I did not have to reappoint Fair because his is not up. Mr. Plumper: Until 187. ., Mr. Carollo: Mine is Ms. Olga Cosio. RT 85 January 91 1986 A A Mayor Suarez: I have no idea when I get to appoint somebody. but I really don't care at this point. Let's take a vote on it. The following resolution was introduced by commissioner Kennedy, who moved its adoption: RESOLUTION No. 86-27 A RESOLUTION APPOINTING THREE Mt4BERS TO THE MIAMI HEALTH FACILITIES AUTHORITY TO SERVE FOUR YEAR TERMS THE '9W. (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. 37. DISCUSSION REGARDING (A) MARINA/PARK SITE; (B) FLORIDA POWER AND LIGHT LINES; AND (C) POLICE MINI -STATIONS. Mr. Plummer: Mr. Mayor, can we take up item 40 now, because I have got to leave immediately thereafter. Mayor Suarez: Yes, I think that is indicated. Pat. Mr. Plummer: one question while she is caning up. Mr. Manager, it was my understanding that the Civil Service Board appointments were caning up. This meeting, why not? Mr. Odio: I don't know, sir. Mr. Plummer: Their terns expire this month. Mr. Olio: We are bringing it up on the 23rd. Mrs. Pat Skubish: I was going to say good morning, but we have been here for a couple of hours, so I will say good afternoon to you. Good afternoon, Mr. Mayor, City Commissioners, and congratulations to you, Mr. Odic, and to you, Mrs. Kennedy, and to you, Mr. Suarez, and Miller Dawkins - congratulations! For the record, my name is Pat Skubish, and I reside at 741 N. E. 71 Street. I am here this morning representing the Bayside Residents' Association as President of the organization. We have three items to discuss, two of them we'll make very brief, this one we will not. We have three items this morn- ing, all of which are unresolved. We have a continuing detrimental effect on our neighborhood, a neighborhood which we have substantial investment in our homes. The first item we would like to bring to your attention concerns Florida Pacer and Light, their failure to abide by the City Cannission's action on October 24th directing FP & L to ren4ve the overhead utility lines and poles erected on the median island of the 900 and 1000 block of N.E. 71 Street earlier in October. It has been over 60 days since this Commission issued the directive to remove those overhead lines and nothing has been done. During this time over 50 seagulls and egrets have been killed by the lines or injured ... Mr. Carollo: Over 50? P RT 86 ,a January 9, 1986 'A A Mrs. Skubish: Birds, 50. We have pictures and video tape and everything - have been killed by the lines and injured to the point of having to be de- stroyed, creating a slaughter, as we call it, "The Slaughter on Tenth Avenue", for the neighborhood to witness. We have some of the neighbors here. And providing same of the neighborhood residents with the very unpleasant task of destroying the injured birds. These lines are also visually unattractive and serve as a negative in our efforts to beautify our neighborhood. To make matters worse, FP & L recently engaged in a tree trimming foray on the median strip after installing these lines which your own Parks Director will verify has jeopardized at least three beautiful Royal Palms in the 800 block of N.E. 71st. But the problem we're having with FP & L, it doesn't end here. A month ago one of FP & L's antiquated overhead power lines in the 800 block of N.E. 71st Street carrying over 7,000 volts fell to the median near a small neigh- borhood full of children. While the neighbors began calling, which we have the neighbors here, began calling FP & L at 9:00 A.M. to report seeing elec- trical wires and transformer box popping, FP & L did not respond until dusk. A response time that a City Fire and Rescue squad member of the City of Miami on the scene said was par for the course - "Lady, they never give anyone an ETA." The policemen do, the Fire Department does but not FP & L. You know, Mr. Mayor and members and members of this Caamtission, we didn't want to sue FP & L and the City, we didn't want to do that at all, we wanted somebody to listen to us and what was being done in our area. And when you have an Assistant Manager who negotiated a franchise in 1982 with FP & L state, "The City Charter has the power to require underground wiring", but the City is not forced to require it ... Mayor Suarez: If I may clarify, you have two counts in your pending lawsuit, one has to do with the problem or two issues, one has to do with the problem of the birds and the power lines and so on and the other one has to do with the City's jurisdiction to force FPL to law underground cables. Mrs. Skubish: Yes. Mayor Suarez: Has FPL conducted a study that they promised to conduct on issue #1? Mrs. Skubish: Mr. Mayor, let me just finish this so maybe you can get more of a background and then I'll be happy to discuss this. FPL with the franchise, the City Charter has the power. Now, I know Clark Merrill for many years and I happen to respect Clark Merrill and I like him and one thing has nothing to do with the other. The City is not forced to require it he says - the City. All right? Not forced to - my question is not forced to? Then who's inter- ests are being protected by the City? Not the citizens, FP & L's interests are being protected by the City. You're not watching out for FP & L, you're not watching out for us. Mr. Plummer: Excuse me, aren't you asking for a status report? Mrs. Skubish: No, the status report is long gone. This has gone on since October, you made a motion October 24th to order FP & L to put those lines underground and nothing has been done. Mr. Odio: Pat, may I answer that? Mrs. Skubish: Yes. Mr. Odio: I met with Guy Sanchez and Thompson. Mrs. Skubish: Where is Guy Sanchez? Mr. Odio: He's back there. We asked him to remove those cables and they came back and said that we would have to pay $27,000 - the City to remove that and we refused. Mrs. Skubish: Why did you refuse? Mr. Odio: Because we feel that they have to pay for it and that's where we are right now. Mrs. Skubish: Okay, let me just go on one more point. Okay? I'm very glad that you said that, Cesar. If the City feels powerless to require FP & L at 9 RT 87 January 9, 1986 its expense to underground those wires of those 5 utility poles, in accordance with the City Charter or so the intent of the City charter, then perhaps the City should use a small portion of the franchise fee to pay for the under - grounding itself or maybe the City should cease issuing permits to FP & L. Okay? Mr. Odio: You're setting a precedent, Pat. That's their expense, they have to pay for that. That is their installation. Mrs. Skubish: But they're saying no, that it is your expense. so we're out there killing birds and taking there over, I mean You should see what we have to do out there. This is not the way to conduct business. FP & L is not responsive. FP & L will not even return our phone calls. Many neighborhoods in this City are being treated as if we were a warehousing district. The overhead lines, the overhead poles may be Okay in industrial parks but not in residential areas. That is what we're saying. They string up the "yes everywhere. They even send out pamphlets. Have you seen the pamphlets they've sent out? Okay, I want to tell you something, take a look at their pamphlets. Watch out, you might get killers when you put your antennae, it could be a deadly mix. Watch out for your kids, they may climb a tree and they may get killed - but it won't be FP & L's fault. Watch out because your kid might fly a kite. Okay? Watch out because You might be picking or pruning. Watch out when you try to get out of your car when a wire hits it. Gee! And then it says on the bottom - the audacity of FP & L - it says on the bottom, "Now, stay a*ap from it and report it to us immediately. Yes? Like we reported it at 9:00 in the morning and you guys didn't get there until 6:00? Okay, I want to tell you something. Mr. Plummer: If you could just teach the birds how to read that. Mrs. Skubish: Hey, if I can teach you how to read it I'll be all right, J. L. Let me tell you, I've had it with FP & L. My lights go out on Thanksgiving, on Christmas, it is Okay. All right? Cane on guyso, we're ready. Mr. Plummer: Are you going to ask for a vote on anything? Mrs. Skubish: J. L., give me a break. I've been here since 11:15, people had to walk out on me, now give me five minutes of; your time. All right? Two hours I sat here for you guys, now wait for me. All right, J. L.? Mayor Suarez: Just so you know, pat, you've had more than 5 minutes already. Mrs. Skubish: I know, but I deserve it, I'm a good person. Mayor Suarez: Don't put that to a vote. Mrs. Skubish: Okay, one for the ConTnission, zip for Skubish. Were you aware that in September when Hurricane Gloria -this is up your alley, J. L. Gloria hit the east coast more than 3,000,000 harms were without electricity and oomnnications? Where are you going? I'm not going to send any more customers for you to bury. More than 3,000,000 hones were without elec- tricity and oommications - 3,000,000 homes. Okay? Because of fallen trees had downed the Florida Power and Light poles and the phone lines. Major damage can be minimized by installing electrical lines and telephone lines underground. Land developers should be aware of this. That was in the Miami Herald Decarber 29th. In closing, yesterday the City of Miami. Beach Cands- sion voted to underground all overhead FP & L power lines. We're very happy about that. In closing, it sounds that we, the people who pay all the bills, are not being Ord. We, the people demand same action and if it takes $25,000 or $50,000 to bury those poles we don't get hardly anything up there in that northeast. Okay? Bury the poles. Mayor Suarez: pat, let me just interrupt you before you go to your other item. There is no possibility of the moratorium that we discussed at this point? Could you please address that very quickly? The moratorium of the lawsuit I'm talking about to see if we can work this out. Mrs. Kennedy: I would also like to ask Florida Power and Light why they haven't returned these peoples' Mayor Suarez: I think he is going to address both of those. RT 88 January 9, 1986 k .! 13 Mr. Frank Thompson: Good afternoon, Mr. Mayor and C Mdssioners, my name is Frank Thompson. I'm the Miami District General Manager for Florida Power and Light. My address is 2 S. Biscayne Blvd. There are two issues involved here and one of those I will address, the other one I will not. On the issue of the undergrounding of the wires, since a lawsuit has been filed by an indi- vidual against Florida Power and Light and the City of Miami and that will ultimately be resolved in court, we consider the suit to be a very serious matter and, therefore, it is not appropriate for me to caRment on that at this. Sevondly, on the issue of the seagulls, and I might say first that I was completely unaware of the service interruption that Mrs. Skubish talked about on the 00 and date wasn't restored untilu talked aboutp l6 00, that you f said went off at 9.:extremely unusual. Mrs. Skubish: I didn't say that, I said that live wires were hanging in the streets on 71st Street and you guys didn't get out there from 9:00 in the morning until 6:00 at night. th if I could to t the de ilsThao that to right,veriffyoulthatlke to those wereet �Floridat Power and Lightwires details on and (2) to find out what happened on it. Mrs. Skubish: We've got it. They were. . Thompson: Secondly, the issue of the birds, I spoke to Mr. Jerry Gereaux who lives right across the street at 921 on the area in question. I've talked to Jerry twice on the telephone, I went to visit him yesterday. He under- stands, and he has agreed since he is the closest party to this situation that has happened, that once the weather conditions are proper, an that t he and I is when the wind is from the southeast at the proper peed and so forth will monitor that situation and then we will decide what need to be done at that point. I'm not questioning that the birds are killed, I saw the pic- tures. I don't know how they are being killed, I don't know which wire they are hitting or anything else about that. But for us to take action we have to further verify exactly what is happening out there. I understand the situa- tion with the wildlife, we are very sympathetic to that and I'm not just saying that because it is the PR thing to say, I' m saying that because I am personally concerned about it. Mrs. Skubish: How long does it take? Mr. Thompson: How long does it take for what? Mrs. Skubish: For you to go ahead and evaluate the situation. Mr. ThaTpsan: well, on the bird situation we have got to wait until the times myself on three weather is correct and I have been up there about six consecutive Sundays, as a matter of fact, and it has not been yet and I think Jerry will verify that that is the truth. ahead, we ve the that Mrs. we have neigh- 9- some of theapelican who an man one 79th Street has tobors destsoyvthes man - bors here actually had to wring their necks. - Mr. Tha-npson: That's what I understand. Mrs. Skubish: This is a disgusting thing and for FP & L not to be sensitive to the citizens ... Mr. Thanpson: I am sensitive to that ma'am. Mrs. Skubish: You are personally, maybe you are personally ... The thing is, he just said about the lawsuit. My question Mr. Mayor, he just went ahead and is, and to your City Attorney, that that motion, Lucia, was on October 24, initiated, that 1985 for FP & L to bury the lines. Now, when the lawsuit was one thing have anything to do with the other? Doesthe r was in December. Does n City CcmnissionIs order to FP & L to bury those lines have anything Because we're trying to hit FP & L with a 2 X 4 to tell them we're here, see lines throughout the whole City buried just like us and now we want all the Coral Gables or whatever. But does one thing have anything to do with the other? Because this is what we're getting. 89 January 9, 1986 ti Mrs. Dougherty: I'll tell you what, since we are in a lawsuit, I don't want to really camnent about that because that could be characterized as an admis- sion one way or another by the legal counsel of the City of Miami.. Mrs. Skubish: Suppose, because you are my attorney too as well as the City Commission's attorney. Okay? What happens if we go ahead and drop the lawsuit? What would happen with this Commission-> would they go ahead and make sure the taxpayers out there in the northeast have these lines buried as per their motion originally? Would they carry through on that? All we want to do is stop the slaughter on loth Avenue of these birds. Mayor Suarez: Well, we would have to then consider, I don't know how long You're going to wait for the winds to be haveh t before a Youere Hdo uth asgidant yt obviously you can't wait forever. You may9 fan or something and get this resolved. But the City Commission is on record the vote would be the same way, Pat, that already on this issue and I presume the cables must be underground. Now, who bears the cost is what is being resolved in a lawsuit. what is really sad about the whole thing is that the lawsuit is costing more than the amount of money to bury the cables. Mr. Odic: Mr. Mayor, may I ask the City Commission to ass a motion that the administration comes back with a study at the first meeting of February ... Mr. Dawkins: Before you do that, let's see if we can't really see how much PR is up here between the two of us. We have a situation here, and the only way it is going to be resolved is, like you say, through the courts. Will Florida Power and Light pay half the cost to put the utilities underground if the City of Miami paid the other half and then we' 11 worry about what the heck to do with the rest of them by the court decisions? Mr. Thomson: No, sir. Mrs. Skubish: we're saying, Commissioner, that we would drop the lawsuit if they would abide by the City Commission 1 s order. See, FP & L doesn't want to listen to the Camitmission. Mayor Suarez: I presume the City Commission's order was, did not take into account the legalities of it at the tine and no one was meaning to decide that ultimate question. I be that the FPL representatives that have spoken to me are convinced that if we could resolve the rest of the lawsuit it would not be a good idea for them to reach the point of a precedent set by the court• Now, I don't know if that is the case or not, I'm sure their counsel would have some ideas on that. Mr. Dawkins: Let me ask one question. Madam City Attorney, it appears to me to be a fact that Florida Power and Light is taking the position they aread. taking because of the addition, the last paragraph or whatever that Pat re So legally, w- can't force then to put the lines underground, can we? Read your last paragraph there, Pat, again, please, that Mr. Clark agreed to where it says may not be requires. Mrs. skubish: oh, under that section of the Charter. Mr. Dawkins: Yes. Mrs. Skubish: Where the City CaTlinission, the City has the power to require FP and what we saying is if you have the power to require FP & L & L. okay, why aren't taking care or take away their franchise, if you have the Pacer y y� of us when we cane to you with a problem. Mayor Suarez: Pat, because the question is being litigated. Mr. Dawkins: But require, there should be no litigation. I mean what is the difference between require and shall put and the City shall make them put it under? Mr. Carollo: Madam City Attorney? Mrs. Dougherty: To answer your question, CamTTrnissioner Dawkins, and I don't want to evadyour question, but it really doesn't put me in a good position to talk about it publicly because it could be used against me in court. 9 RT all January 9, 1986 Mr. Carollo: Madam City Attorney, we're being sued along with FP & L. Correct? Mrs. Dougherty: Yes, sir. Mr. Carollo: Now why can't we sue FP & L if we feel that we are correct and they should place these lines under ground at their expense and not at ours? Mrs. Dougherty: There is no reason why you couldn't, however, we need to cane back and give you a report either both legally and from an administrative standpoint as to whether or not we can require that. Mr. Carollo: Well, why don't you come back by the next Catmission meeting, that gives you two weeks, on the 23rd, with a full report on that and then advise us on whether we have sufficient grounds to sue FP & L and if we do I'm going to tell you right now I'm going to make a motion to sue them. Mrs. Skubish: Thank you. Mrs. Kennedy: The problem is that we have a responsibility to these citizens, they elected us; we are here to serve than and we cannot go on forever to wait for reports for the wind to go from east to west, you know, we really need to take some action. Mayor Suarez: I:. t':o ^'wa.:ti' we have litigation. I frankly thought we had a counter claim to ... Mrs. Skubish: We would drop the litigation, that's what I'm here to tell you. I am personally on that lawsuit. I will drop the litigation if the City Commission does have the power to order FP & L for five poles that they just erected. And we called the meeting before they installed the poles and they still said we couldn't do it. You know? This is where we are now. Mayor Suarez: You're saying you'd drop the lawsuit but you're asking us to proceed with it. Mrs. Skubish: We would drop the lawsuit right now. No, it won't, we'll drop it immediately. It takes one phone call. Mayor Suarez: But you're expecting us to proceed with it, to enforce the same objectives that you were trying to enforce in the lawsuit and the ... Mrs. Skubish: We just want to get the job done, Mayor. We don't want to be tied up with this either. But you know, when you're out there and you see what is happening, your heart has to go out to the animals. I have poles right outside my house, I'll have then forever. I don't care about that. Mayor Suarez: I gather we're not in a position to propose a moratorium as I thought we were or a dismissal without prejudice or any other legal tool to try to get this resolved. I gather again that the Canmission at the next meeting will get a report on this from our own City Manager and hopefully from that ti►tp_ we will be in a position to resolve it. And you heard the consen- sus, I think, I don't know if it is in the form of a motion, that we should also be oounterclaiming to enforce the same rights as you have in your case in chief. Mrs. Skubish: And the City Charter should be adhered to, it really should. And I thank you for that, but I am not a novice where I would really go walking away from here believing that we are going to take on FP & L and we are going to win. No, I know what you guys can do and what you can't do. Mr. Carollo: Don't say it here, Pat, it's not allowed. Mrs. Skubish: No, I know. Well, you know. Well, let's go on to the next item. Mayor Suarez: Thank you, Mr. Thompson. Make it as quick as you can possibly, Pat. Mrs. Skubish: I will. it is very quick. In fact, on the mini -stations, we can go to that latto discuss is the e, but o two asecond item cre parcel ofwould evacant lard on 70th status on the City's acquisition RT 91 January 9, 1986 and Biscayne Bay. on March 28th, the City passed a motion calling for acqui- sition of the land. I have to tell you that since this has been put on the agenda my reason for bringing this up is because we had no word either from Mr. Bob Traurig or frcan the City as to the status to this problem and Mr. Alberto Armada from the City Property Management, has enlightened me and I am very thankful to him for that, and maybe Mr. Bob Traurig would like to speak to the issue. Mayor Suarez: Well, you seem to be satisfied with the status report you have gotten. Mrs. Skubish: Yes, is that Okay? Mr. Carollo: That was the status report of what, the land at 69th Street? Mrs. Skubish: Evidently they are in negotiations and that is what is holding it up and all I'm trying to do is push it. Mr. Carollo: This is the land on 69th Street at the end there, right? Mrs. Skubish: Yes, CQTTdssioner, on 70th and the Bay. Mr. Carollo: On the Bay, and the status you were told was that it was in negotiations? Mrs. Skubish: In negotiations for price. Mr. Carollo: Well, I don't know if this Commission is aware of it or not, but where I understood this stood at, cacmissioner Kennedy, this is before you came aboard and it is before Mayor Suarez came aboard. It was placed out to see what it was appraised at and there were two appraisals that were made on the property. And the appraisals came to how much? Mr. Frank Armada: The appraisals came in one at 650 and one at 725. Mr. Carollo: one is 650 and one is 725. Mr. Armada: $650,000 and $725,000. Mr. Carollo: And how many millions does your client want for it, Mr. Traurig? one came in at $650,000 and one at $725,000. Mr. Robert Traurig: Unfortunately, CcrmLissioner, there were two principal clients, one Mr. Marion Sibley who has died and the other, Mr. Tom Carney who has been ill in the hospital over a long period of time who probably won't be back in Miami for another several weeks. I have not, therefore, been able to have a direct discussion with either client in order to get back to you or to your staff. Mr. Carollo: Well, the figures I heard, Bob, from you, if I recollect, were somewhere in the area of a couple million dollars. Mr. Traurig: Yes, we originally indicated that we would consider an offer of $2,000,000. Your appraisals came in, as Mr. Armada indicated. Since that time, I have been unable even to discuss the amount of your appraisals with either client. So, therefore, the delay is not the result of your staff's not being diligent about this but our failure to camuni.cate with your staff and that is because we have a omrunication problem internally. Mr. Carollo: Again, the point I'm trying to make is we're in agreement with you, Pat, that we would like to do something there in the marina and I spoke of this with Grace Rockafellar on quite a few occasions with you and others. But what we can't do is pay a heck of a lot more for that piece of property than it is really worth than appraisals have come at. You know, that is something that we can't do. - Mr. Dawkins: Madam City Attorney? Mr. Carollo: If that be the case, then we'd be falling into the same trap y: that Mr. Treister came with that he threatened he's going to want it built the sky is the limit on this property, unless the City buys it from him. Now, he he claims he doesn't want to sell it but the messages he's sending is yes, 92 January 9, 1986 RT 4 N� buy it, but he wants to make X amount rmre dollars rrore than he paid for it. He paid for it like $3,000,000, let's say he put a million into it which he probably did so he wants $21,000 o 000 more profit. Well, if we would have do that then we would have to do the same for Treister and who knows how many people. Mrs. Skubish: No, we would never ask anything like that. Mr. Carollo: I know you all won't, but I just want to explain to you what the problem is. It isn't that we don't want to do it, we do. Mrs. Skubish: I know. Excuse me, Commissioner, I really admire you for what you're saying but what I believe has happened here is because I get a little bit itchy when I bring people down here to the Commission and then all of a sudden the status quo, I don't know what is happening. The City didn't notify me as to what was going on, Mr. Traurig, of course, I don't have that much conversation with Bob, but I would believe that if there is a problem as to the appraisal, if there were any questions in the appraisal, what I have done here by appearing here today before you is to try to nudge them so to speak as to, you know, let's get the show on the road and try to cone up with something and then before this body, you make the final decision. That's all we're trying to do and that would be it for this. Mr. Dawkins: Madam City Attorney? Mrs. Dougherty: Yes, sir, Mr. Vice -Mayor. Mr. Dawkins: In the event that this negotiation falls through because the city will not pay the required price and the developer or the owner applies to the Caw&ssion for zoning variances, does the City Connnission violate any laws by refusing to allow these zoning variances that would permit them to go ahead and take this land up to the point where it is worth the price they are adding or would the city Commission be acting in the best interest of the citizens by refusing to rezone this property up to what they want? I-, that legal? Mrs. Dougherty: Mr. Vice -Mayor, the City has an obligation to zone property when it ought to be zoned, taking the characteristics of the neighborhood, etc., your comprehensive plan. So the answer to your question is you can't refuse to rezone the property because you're going to buy it. Now, with respect to whether or not the negotiations fall through, then we will insti- tute, if it is your direction, eminent domain prooeedings and condemn the property. Mr. Dawkins: Okay. Mrs. Dougherty: And in the event that the jury award is something more than you are able to pay then we can walk away from it at that point. Mr. Dawkins: Well, let's take the other side of it. See, I've been a victim of year after year in my neighborhood of such a thing as eminent domain. When people want something they go in and through eminent domain they take it. So if we are desirous of putting a marina in the northeast section then we condemn it through eminent domain and take it and then you go to court and pay the applied price. Mrs. Dougherty: That's right. Mrs. Skubish: I just don't want my lights out and floods in the neighborhood so let's go on to the next one. As to the mini -station concept, did you want to discuss that today, Mr. Mayor and members of the Commission or do you want us to come back? Mayor Suarez: As I mentioned to you, I fully intend to bring up the concept again and very possibly at a February planning session of the Co mnissicn. Mrs. Skubish: Okay, but in the mantime, as you know, Tam Brokaw has been having Biscayne Boulevard on the air and the crime and the drugs and every- thing else that is happening. One of the gentlemen who was here to donate space has just been robbed so we have a very bad ... RT 93 41 January 9, 1986 ;r v Flo Mayor Suarez: Can we get that donation in writing? it would be very helpful to the ... Mrs. Skubish: We have three donations in writing, the thing is do we want to do that or do we want mounted police, do we want walking polioanen? We've got to have something going on here. Mr. Carollo: Pat, let me say this to you. If there has been a neighborhood in this whole City that has been suffering more than most of the other areas and probably has been neglected it is this area of the northeast of Miami. Mrs. 5kubish: Thank you, Caamti.ssioner. Mr. Carollo: I remsrber since I first got elected in 1979 that the problems that you had over there then you still have and greater. You still have the hookers there and not any less than you had in 79. You still have narcotics there and yes, and in fact, one of the jokes now is that same of the young ladies are omplaining that our police officers are discriminating because they are picking them up but not picking up the young boys that are doing the same thing they are in the street. And you know, I say that kiddingly, but you go out there and it is a free zone. Mrs. Skubish: Well, when people say to myself or my husband, "Where do you live" and we say, "N. E. 71 Street off of Biscayne Boulevard" they say, "Off of Biscayne Boulevard?" You know? Mr. Carollo: What I don't want to do is, you know, it sounds great particu- larly if you're not familiar with police procedures and law enforcement, it sounds great when you say gee, we'll put a mini -station over there and it gives the impression that that is going to solve all the crime problems. Well, I don't want to fool you and I don't want to keep you another year thinking that , we put a mini -station there and that is going to relieve the problem and if anything it is going to help increase it because by putting a mini -station and then not paying attention to what is really going to bring crime down I think at the rate you're going that it will help increase it. A mini -station, all it is going to do is give you a place that most likely you won't even use because when your home gets busted into or when you have to call the police for something you're going to take the phone and you're going to call the main station. After you do that, then you are going to start calling City Hall. let Iz say you use it, all it is going to do is it is going to be a place that you're going to be calling in for your complaints after you've been victimized. What we have to do are find solutions so you won't be victimized. And the only way you're going to do that is not by placing police officers in a little air-conditioned roan that aren't going to do anything, is by placing then in the streets; and what I suggest to you is that we immedi- ately formulate a plan with Chief Dickson, where we put foot patrols in the area and put some horse mounted patrols and that would do a tremendous amount more in reducing crime in that area than a mini -station, anywhere you put it. Because a mini -station, you know, you might as well just put in every police vehicle a mini -station, it is the same impact, all you're going to do is put a sign up, it is not going to do anything to reduce crime. w Mrs. Kennedy: Along those lines, let me add something. Pat, as you know, I campaigned in that neighborhood for many weeks and some of the residents also came to me and suggested that they open up their homes and invite the police- men - of course, this would be at no extra cost to the City - instead of going to a restaurant and do the reports, to use their hones every month. Now, I don't know how that would work and I would like to ask the City Manager to ask the Police Chief and the City Attorney for possibility liabilities to see if something like that would help the residents. They would get to know the policemen, they would alternate every month and perhaps it is something that we could look into. Mrs. Skubish: Anything, but something has to be done now. Mayor Suarez: Pat, we will have a full discussion of that item and I guaran- tee that all of these viewpoints will be expressed including the one that says that mini -stations is a way to get police out into our neighborhoods and it is not costly to the City. But really, we have three or four items to get to yet today and it is time we move on. Grace, we'll have plenty of time to discuss the issue, we might spend an entire Camdssion Meeting on this. You're only going to keep us two minutes. • 94 January 9, 1986 �r n k Mrs. Grace Rockafellar: For the record, I'm Grace Rockafellar. I live at 814 N.E. 71 Street► president of the Northeast Miami Improvement and Northeast Taxpayers' Association. I too would like to congratulate all the winners of this recent election; I think the best people won and we're very proud of you and we want to work with you, we want you to work with us. Now, getting back, we were shocked when we saw the ballot where you were going to have► where you put the $20,000000 on there and this is going to be for police facilities. Now, we thought we were the highest crime area in the City of Miami but we had a omputer print out poll by the Police Departnent. This is it, showing that all through 84 and up through the last of July when this was taken, the northeast area had 410712 crimes. Little Havana had 31,550 crimes. Liberty City had 12,714 crimes. Now, we were shocked, we voted for this thing and I have a copy of what was on the ballot. We voted for this thinking that out of that $20,000,000, one of the highest crime rate areas in the City would get a little help. But we were further shocked when we learned that a deal had been made not by this Cannission but the Catmission before you were here where that money was going. It was going to be equally divided between Liberty City and Little Havana and we got absolutely nothing out of it. So, if it does cost more money to put foot patrol out there, I wanted a computer printout before I got here today but the Police called me this morning and said they wouldn't be able to get it until tomorrow but they did tell me that crime is on the increase, it is going up and up and up. And we hear so much about minorities, we are the minority now and we should get some attention. We think so, and we would appreciate it if we could. Thank you very much. Mayor Suarez: Thank you very much. Mr. Dawkins: Mr. Manager, before you leave, Grace. Mr. Manager, I wish you would provide me with a computer printout that distinguishes between phone calls and an actual crime committed. Now, it is a fact that the northeast section has more crimes reported but did actually more crimes occur? See, we've got quite a few people who do not work in certain areas and, therefore, they can call every time they see a suspicious individual in their neigh- borhood. And so, please provide me and Mrs. Rockafellar with a report as to the number of crimes reported and the number of actual crimes that were x oonmitted. And Grace, I'm glad you brought the Manager up about the substa- tions. You see, you guys up there screaming that you don't get nothing, we just said you asked for a marina, we're going to build you a marina. See, and I'm glad to know that the Latin can mity and the black community was too intelligent to get caught up in a you, you -I because then they could have said well hell, if they want a mini -Police Station, give us a mini -marina and we would have been going through a lot of things we don't need. Mrs. Rockafellar: Mr. Commissioner, I just read in the paper while ago you gave them a three -and -a -half million dollar park that they didn't want in Little Havana. Mr. Dawkins: Gave who? Mrs. Rockafellar: Little Havana. A three -and -a -half million dollar park that they didn't want. Park, p-,a-r-k. Mr. Dawkins: When? Mrs. Rockafellar: It was recently built. Mayor Suarez: Grace, that is going to be the end of this discussion, we don't have you even scheduled for a personal appearance. 38 DISCUSSION RBSARDING PARKING IN DDANTOWN LOADING ZONES. In fairness to the person handling Item 41, is Mr. Bobish here, another personal appearance? Yes, he is here. The same caveat that I have given everyone else to try to make it as short as possible. They haven't followed it, but we'll try with you, sir. 0 RT 95 January 9, 1986 Mr. Ztim Bobish: My name is Tom Bobish, I'm the general manager of Crystal Water C rWy. We're located at 7580 N.E. 4th Court in Miami and I do expect to be as brief as possible. Two quick things, the first thing I would like to address is the problem of parking downtown, the second would be possible avenues of revenue for the City. First being that my company, being with as many customers as we have downtown, 644 in just the downtown area, servicing them with bottled water, we find it extremely difficult servicing our regular customers properly with residential vehicles constantly being allowed to stay in loading zone areas. We find that the bus areas are protected and people are shooed away from there, taxi areas are protected and people are shooed away from there but the loading zone areas, people park there and they are ticketed, the Police are certainly doing their job there, we're not addressing the situation as towing these vehicles out. That is the main point. As far as revenue is concerned, I look at it as a businessman. Again, being part of the City, the City is losing money in several areas. One is a constant fact, once or twice a year it is brought up that parking tickets are constantly in arrears, thousands of dollars if not tens and hundreds of thousands of dollars are owed to the City that are not being collected properly. (1) If you towed a vehicle you would receive a portion of that towing fee that should go to the City if you were to contract with taxing companies. For example, if you were to charge $75, $50 of that should go to the City. When that vehicle is being impounded past tickets can be immediately assessed on what is on that vehi- cle. As a businessman, from what I have gathered through the Off Street Parking Authority, they say about 50 vehicles are towed in the City of Miami a day. My research downtown shows that you could tow 150 vehicles just downtown a day. If you were to multiply that out at $50 times the regular working days, the City would make just in towing almost $2,000,000. What I feel is again being neglected, if nothing for revenue, again the City is protecting the bus zones, they are protecting the taxi zones for a proper service of the customers in the Miami area we have to have access to the loading zones. Mr. Odio: Mr. Mayor, we received Mr. Bobish's letter, Major Martinez is in charge of the foot patrol downtown and he assured me that they will start enforcing and begin towing cars away immediately. Mr. Bobish: I did speak to Major Martinez and again, I feel the police are doing their job, but he says there is no policy as far as the police to regulate the towing. They are there just to put the tickets on the vehicles. What I feel should be done is a vehicle maybe necessarily shouldn't be towed immediately, but after a period of a half an hour or an hour we should address the situation as far as towing the vehicle. We have do=nents and pictures of cadillacs... Mayor Suarez: Let's hear from Roger on that. How long do we wait before a vehicle is towed from a loading zone? Mr. Roger Carlton: Mr. Mayor, may I take about one minute and give you a little background on this situation? in 1983 a survey was done by the Police Department of the streets right in the very core of downtown over a 35 minute - period. There were 144 violations of the loading, bus and taxi zones in that 35 minutes. In December of 83 a towing program was started at the very lowest level possible which means approximately 35 vehicles per day in downtown really to give people a very gentle signal that enforcement was going on. Even a program at that level met with enormous resistance from the merchants which many of you have heard about and which we have been called up here to discuss a number of times. So we have here a real difficulty in trying to balance between the demands of the merchants which are not to hurt their customers who are parked illegally and the demands of the trucking industry in general which cannot find a place to park in the loading zones and, there- fore, double parks creating confrontations with the Police Department and blocking traffic. Now, what we did last week was that we repeated the Police Department Is survey in almost the exact context to see if the moderate towing program... Mayor Suarez: How did that come out? Mr. Carlton: Believe it or not, we had less than a hundred violations which you could conclude unscientifically reduced the problem by one third. Now, I would like your authority to meet with the merchants, the truckers, the City administration to try to find a way to continue to improve this situation in a way that, if possible, keeps everybody happy because it is getting better but it is certainly not solved. RT 96 January 9, 1986 E Mr. Carollo: Well, Roger, you could do that without our authority. Mayor Suarez: Yes, you don't need our authority. I do want to say that the trade off is very difficult from our view Point, and in my case, you'd always have me caning down on the side of the merchants and not to have more cars taxed frankly, so if we have done that well, according to his own scientific study, you ought to take those gains and be pleased with them. We're not con- cerned, at least I'm not concerned about generating any large amounts of inoome from downtown towing, the opposite, in fact. Mr. Bobish: Well, I certainly understand this survey, but if you look at the weather and being right after the Christmas rush, obviously there is not going to be as many people down there shopping. I doubt seriously that that survey was taken at the exact same time and I certainly agree with the merchants, but I also look at, if we have a loading zone either we have it or we don't. It is to the point where the construction that we have had downtown for the People Mover is great, it will eventually reduce the amount of traffic that is down there but at present that has reduced the amount of loading zones auto- matically that are not only our eorrpany but all the caripanies can get to. Again, our' s is not a oanpany per se that has one stop on Flagler Street and we go home, we have 40 stops on Flagler Street. Mayor Suarez: You might be wise to tell the rest of the people in the same situation as you arz to lat us know about this because this is my first contact with anyone zi,at has your viewpoint on this, to tell you the truth, and I've had a lot of contacts with people who have the opposite viewpoint. W. Bobish: And the merchants, again, I've asked other ecapanies to cane fonaard at the last minute and I'm sure I didn't give them enough time, and I know that the strength of the merchants, they certainly want to have their people to park right out front, but I believe that the City has given certain- ly enough parking and metered parking where there never used to be for those people to park. Again, I'm only asking that the law that is existing now be enforced a little bit more stringently than it has been. W. Odio: Well, included, Mr. Mayor, Lucia Allen DoughertyyIs car was towed the other day so we are towing cars. Mrs. Dougherty: They towed my car from my identified spot. Mayor Suarez: Get rid of the Department, that is the way I look at it. All right. 39. APPOINIl4DUS TO ODDE ENFY]RCEMDU BOARD: PAT SKUBISH, MAUD LLD. Mayor Suarez: Item 34, we're going to try to go through these three quickly. Are we in a position to name? Mr. Dawkins: Newbold was my appointment, I reappoint her, please. Mrs. Kennedy: I'm sorry, I was gold that Hugo was my appointment. Mr. Dawkins: No, I said Newbold. Mrs. Kennedy: Okay, then we both have appointments. I would like to naninate Pat Skubish. Mayor Suarez: How many appointments do we have available? Mr. Carollo: I second the motion on Pat Skubish, she's a nice person after all. Mayor Suarez: There we go, we'll take a vote on Pat after all. How many appointments, Walter? Mr. Pierce: There are two appointments, the tern of Hugo Ayala, an attorney, expires in February, the end of February. And Maud Newbold, her term, she is an administrator for the School Board. RT 97 January 9, 1986 Mayor Suarez: We have a motion to appoint her apparently and we also have a motion to appoint Pat Skubish. Both nominations have been seconded. Yes, Walter. Mr. Pierce: I just wanted to advise you what the state statute and the City... Mr. Dawkins: But nobody adhered to that state statute until now so why do you want to adhere to it now? Mr. Pierce: It is reoamiendatory only, Mr. Dawkins. Mr. Dawkins: Well, I refuse the recommendation. Mayor Suarez: Are there any penalties if we don't adhere to the state stat- ute? Mr. Pierce: No. Mayor Suarez: All right, no fines. We have a motion and a second on both the nominations. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-28 A RESONMON APPOINTING CERTAIN INDIVIDUALS TO THE CITY' S CODE ENMRCD04T BOARD TO SERVE DESIGNATED TERMS OF OF- FICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Comnissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: Just out of curiosity, how are we violating the state statute now? Mr. Pierce: You're not violating it, it says whenever possible you should have certain occupations in it. You're not violating it. 40. PUBLIC HEARING REGARDING CITYWIDE HIGHWAY IMPROVEMEW - PHASE III Mayor Suarez: Item 37. Mr. Dawkins: Move. Mrs. Kennedy: Second Mayor Suarez: Any discussion? Imo'. Dawkins: yes, under discussion, be sure that you put into this RFP the new penalty clause. Mr. Odic: Yes, sir. RT 98 January 9, 1986 Mr. Lather: If I might say, make a suggestion, since this is a public hearing could we ask if there is anyone here who wishes to be heard on this matter from the public? Mayor Suarez: Thank you► Mr. Cather. Mayor Suarez: Is there anyone from the public that wishes to be heard on Item 37 as advertised for 11:05 A.M.? Hearing none, we shall proceed. Any discus- sion from the Ccmnission? Please call the roll. The following resolution was introduced by Cannissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-29 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 85-1202 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF CITY-WIDE HIGHW IMPROVE- MENT - PHASE III IN CITY-WIDE HIGi4AY IMPROVEKNr DIS- TRICT - PHASE III H-4516. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Canni.ssioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Carmissiomer Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plwr, er, Jr. 41 PUBLIC HEARING: PERMIT FLEETA M. MOORE, POLICE EMPLOYEE, TO PARTICIPATE IN HOME RENOVATION PROGRAM. Mayor Suarez: Item 38. Mr. Dawkins: Move it. Mrs. Kennedy: Second it. Mayor Suarez: It has been moved and seconded. Any discussion from the Ccnidssion? This is a public hearing. Is there anyone from the audience that wishes to be heard on Item 38, advertised for 11:05 A. M.? Hearing none and having a motion and a second, any discussion from the Cannission? Call the roll. The following resolution was introduced by Catnissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-30 A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION OONTAINED IN CITY CODE SECTION 2-302; BY FINDING, AFTER A DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT FLEETA M. NOO2E, AN EMPLOY- EE OF THE POLICE DEPARTMENT, TO PARTICIPATE IN THE HOME RENOVATION AND REHABILITATION PROGRAM AnMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING DIVISION THROUGH THE CoM 4RUTY DEVEIAPMFNr BLACK GRANT PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVE[APMENr. (Here follows body of resolution, anitted here and on file in the Office of the City Clerk.), RT 99 January 9, 1986 Upon being seconded by Camtiissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENT: Commissioner J. L. Plummer, Jr. 42. F IALIZATION OF MARTIN LLTHER KING JR. BIRTHDAY - PAID HOLIDAY FOR JAN. 20, 1986 ONLY (See label #10). Mr. Dawkins: Mr. Mayor, I have a resolution that I asked be brought back this morning. Mayor Suarez: I'm glad you remanbered about the resolution, we have to vote formally on the same item that we voted before. Mr. Dawkins: The resolution is before us, Mr. Mayor, if you would have the Clerk read it we could vote on it. Mayor Suarez: Has every Commissioner had a chance to look at it? Mr. Carollo: Yes, I second the motion. Mayor Suarez: It has been moved and seconded, any discussion? Please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-31 A RESOLUTION AUTHORIZING, ON A NONRECURRING BASIS FOR THE YEAR 1986, A PAID HOLIDAY ON JANUARY 20, 1986 FOR ALL NMESSENTIAL CITY Fm PIDYEES TO COMMEMORATE THE BIRTHDAY OF DR. MARTIN LU M RING, JR. ; FURTHER INSTRUCTING THE CITY MANAGER TO CONSIDER THE SUM OF $163,000 AS THE COST TO THE CITY FOR GRANTING SAID HOLIDAY AND DIRECTING THAT THE COST OF GRANTING SAID HOLIDAY BE DEDUCTED FRCM THE CITY' S COST OF IMPLEMEN`TING COLLDCTIVE BARGAINING AGREEMENTS UNDER NEGOTIATIONS TAKING PLACE IN FISCAL YEAR 1985-86. (Here follows body of resolution, anitted 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 Cannissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummmer, Jr. RT 100 January 91 1986 43. SUPPORT OF HOST CO'4r42TTEE' S EffURTS TO BRING INTERNATIONAL SISTER CITY COLNCIL TO MIAMI IN 1988. Mr. Carollo: I have one item, Mr. Mayor, that I need to bring up that was a request that was made to me by the Host Cswdttee on Thursday and that has to do with the City Camdssion welcoming and endorsing the International Sister Cities Conference for 1988 to acme to Miami. They have to go and meet with their representatives I think in about a week or so and it would be quite a profitable conference for us to achieve if we could get it for 88. So it is a motion endorsing the Host Committee's trying to get this conference for Miami. Mr. Dawkins: Second. Mayor Suarez: It has been moved and seconded, I'm hoping that the vote will be favorable because I believe there has been a letter already from my office inviting them so it would be embarrassing if we didn't vote it. Mr. Dawkins: well, I take my second back. Mayor Suarez: Any further discussion? Call the roll. The following motion was introduced by Cannissioner Carollo, who moved its adoption: MOTION NO. 86-32 A MOTION EXPRESSING SUPPORT OF THE M-CR S OF THE HOST OOMKITI'EE TO BRING THE CONFERENCE OF THE INTERNATIONAL SISTER CITY COUNCIL TO MIAMI IN 1988. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 44. OFFICIALLY INVITING REPUBLICAN AND DE OMWIC CONVENTIONS TO OOME TO MIAMI IN 1988. Dr. Carollo: Last but not least, and I hope that there was a letter of this from your office already, Mr. Mayor, if not, maybe one can be sent at a later time. it is an additional endorsement and that is a ration inviting the Republican and Democratic Conventions to Miami for 1988 and the Host Committee will be contacting the appropriate people together with our Miami Convention Bureau. Mr. Dawkins: Second. Mayor Suarez: No, I have not had any contact. Mr. Carollo: You might want to go ahead and wait a little bit and then follow up on it at a later time. Mr. Dawkins: I move that the letter go out of the Mayor's Office now. Mayor Suarez: And we can include a resolution, Commissioner. Any further discussion? Call the roll. RT 101 January 9, 1986 The following motion was introduced by Canmissioner Carollo, v3ho moved its adoptions wrioN NO. 86-33 A MOTION AMHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD APPROPRIATE OMRFSPONDENCE OFFICIALLY INVITING THE REPUBLICAN AND DEMOCRATIC CONVENt'IC7NS TO COME TO KAMI FOR THE HOLING OF THE 1988 CONVENTIONS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Ccmmmissioner Joe Carollo CaTmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 45. CESAR ODIO DESIGNATED AS ML*n'S REPRESENTATIVE TO BEACON COUNCIL. Mayor Suarez: Are we supposed to pass on this resolution before we leave? Appointing and designating Mr. Odic to serve on the newly formed Beacon Council. Mr. Carollo: Move. Mrs. Kennedy: Second. Mayor Suarez: Is that the one that doesn't have any funding anymore? Mr. Odio: I am replacing Sergio Pereira who was the former ... Mr. Carollo: Discussion, is this going to cost the City any more money? Mr. Odio: My time. If you figure my time. Mr. Carollo: Well, then I suggest we streamline it. Mayor Suarez: We have a motion and a second. Any discussion? Call the roll. The following resolution was introduced by Cammissioner Carollo, who moved its adoption: RESOLUTION NO. 86-34 A RESOLUTION IDENTIFYING AND DESIGNATING CITY MANAGER CESAR H. ODIO AS THE CITY OF MIAMI'S REPRESENTATIVE TO SERVE ON THE NEWLY FMMID BEACON COUNCIL. (Here follows body of resolution, cmitted here and on file in the Office of the City Clerk.) Upon being seconded by Cammissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES:None. ABSENT: Commissioner J. L. Plummer, Jr. s ff' 102 January 91 1986 y' Y -J.t Ida rD P msIIm 10 am Im C:ti'Y CCOtMICIRP sE STING WS AWOMM AT 1= 55 p.Nl. Yavier L. 9ua +ez MAYOR AQ'�SP: natty Hirai C N cum RT 103 January 9, 1986 X 'o 1"ov�OF 11f'1AMt DOCUMENT MRSTING DATE JANUARY 9, 1986 INDEX - COMMISSION RETRIEYAI DOCLMVM IDENTIFICATION CLAIM SETTLEMENT: ELIO TANG, JR., ($6,500.00). CLAIM SETTLEMENT: LORENZO AND ILEANA CABRERA, CIRCUIT COURT CASE NO. 81-11973 (A-10) ($22,735.00). CORRECTING SCRIVENER'S ERROR IN RESOLUTION 84-884, JULY 31, 1984, APPOINTED MAUD NEWBOLD TO THE CITY'S CODE ENFORCEMENT BOARD TO SERVE UNEXPIRED TERM O1" OFFICE; TERM ENDING FEBRUARY 10, 1986. GRANT A PERMIT BY THE REQUEST OF LIGA CONTRA EL CANCER TO SELL BEER/WINE (THREE DAY PERIOD) IN CONNECTION WITH ANNUAL FESTIVAL TO BE HELD FEBRUARY 7 - 8 - 9, 1986. ACCEPT COMPLETED WORK OF MURTON ROOFING CORP ($20,833.50) FOR COCONUT GROVE EXHIBI- TION CENTER MEZZANINE ROOF REPLACEMENT, ETC... ACCEPT BID OF MIRAMAR ELECTRICAL SUPPLY CO. ($27,124.00) TO FURNISH STREET LIGHT FIXTURES AND LAMP POSTS, ETC.... ACCEPT BID OF A. J. PARKER, INC. FOR DEMOLI- TION OF ONE COMMERCIAL WAREHOUSE AT 65 N.W. 9TH STREET IN OVERTOWN/PARKWEST DEV. AREA TO THE DEPARTMENT OF FIRE, RESCUE AND INSPEC- TION SERVICES. AUTHORIZE TO ACCEPT FOURTEEN DEEDS OF DEDICA- TION FOR HIGHWAY PURPOSES, ETC... CONFIRM THE ELECTION OF A. G. SHERMAN AND RAY PENLAND TO SERVE AS MEMBERS OF THE CIVIL SERVICE BOARD (2 YEAR TERM). SET FORTH COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY CESAR ODIO AS CITY MANAGER OF THE CITY OF MIAMI FLORIDA. AlD 86-2 :. . mmm 86-11 -, OCUMENTINDEX CONTINUED DOCUMENT IDENTIFICATION REDUCE GREENS FEES OF 50`,, SEASONAL RATES TO THE PARTICIPANTS OF ANNUAL NORTH -SOUTH GOLF TOURNAMENT (MARCH 18 - 22, 1986) AT MIAMI COUNTRY CLUB IN MIAMI SPRINGS. ACCEPT BID OF MAN -CON, INC. ($189,777.50), FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT - NORTT RIVER DRIVE; ETC... ACCEPT BID OF RIC-MAN INTERNATIONAL, INC. ($1,095,560•00) FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJE T DOWNTOWN PHASE II. APPROVE/CONFIRM THE CITY CLERK'S SELECTION AND APPOINTMENT OF WALTER FOEMAN TO SERVE AS ASSISTANT CITY CLERK AT AN ANNUAL SALARY OF $47,500. AUTHORIZE NEGOTIATE/EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH THE FIRM E. H. FRIEND & COMPANY FOR ASSISTANCE IN PENSION MATTER ($48,500.00) APPROVE IN PRINCIPLE THE USE OF FLAGLAMI PARK (7121 S.W. 3RD STREET BY NONPROFIT SOCIAL SERVICE AGENCY TO PROVIDE SOCIAL RECREATIONAL, EDUCATIONAL AND/OR NUTRITIONAL SERVICES TO AREA RESIDENTS; ETC..... FIND CERTAIN PARK RENOVATION PROJECTS TO BE EMERGENCY PROJECTS. AUTHORIZE AN EMERGENCY PURCHASE ORDERS OF SAID PROJECTS TO BANNERMAN LANDSCAPING INC., CHRIS AND JACKIE'S PARKER SOD COMPANY, INC., ETC.... ACCEPT THE RECOMMENDATION FORTHE PREPARATION OF A COMPREHENSIVE TRAFFIC STUDY OF COCONUT GROVE; ETC... APPROVE CONTRACT WITH DIAZ-SECKINGER & ASSOCIATES, INC. FOR A RIGHT OF WAY CONDI- TION SURVEY AND AN ANNUAL STREET MAINTENANCE WORK PROGRAM AND BUDGET FOR THE CITY. ACCEPT BID OF M. VILA AND ASSOCIATES, INC. ($639,622.00) FOR LOCAL DRAINAGE PROJECT E-55. �l 86-12 86-13.1 86-13.2 86-14 86-21 86-22 86-23 "�VDEX IDOCUMENTI CON T1NUED DOCUMENT IDENTIFICATION APPOINT: GUSTAVO BARREIRA, OLGA COSIO, AND CHARLES GOTTLIEB TO THE MIAMI HEALTH FACILITIES AUTHORITY (FOUR YEAR TERMS). APPOINT: PAT SKUBISH AND MAUD NEWBOLD TO THE CITY'S CODE ENFORCEMENT BOARD TO SERVE DESIGNATED TERMS OF OFFICE. CONFIRM ORDER RESOLUTION NO. 85-1202 AND AUTHORIZE TO ADVERTISE FOR SEALED BID FOR THE CONSTRUCTION OF CITY-WIDE HIGHWAY IM- PROVEMENT - PHASE III, DISTRICT - PHASE III H-4516. WAIVE REQUIREMENTS/PROHIBITION IN CITY CODE SECTION 2-302 BY FINDING THAT IS IN THE BEST INTEREST OF THE CITY TO PERMIT FLEETA M. MOORE (FROM THE POLICE DEPARTMENT) TO PARTICIPATE IN THE HOME RENOVATION/ REHA- BILITATION PROGRAM, (COMMUNITY DEVELOPMENT'S HOUSING DIVISION). AUTHORIZE FOR THE YEAR 1986, A PAID HOLIDAY ON JANUARY 20, 1986 FOR ALL CITY EMPLOYEES TO COMMEMORATE THE BIRTHDAY OF DR. MARTIN LUTHER KING, JR.; ETC... IDENTIFY/DESIGNATE CITY MANAGER CESAR H. ODIO AS THE CITY OF MIAMI'S REPRESENTATIVE TO SERVE ON THE NEWLY FORMED BEACON COUNCIL. 86-27 86-31 86-34