HomeMy WebLinkAboutCC 1992-04-30 MinutesI TY OF MIAMI-
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ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
APRIL 30, 1992
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL DISCUSSION 1
ITEMS. 4/30/92
2. DISCUSSION CONCERNING ONGOING DISCUSSION 2-11
SETTLEMENT NEGOTIATION BETWEEN THE 4/30/92
MIAMI HEAT, LEISURE MANAGEMENT MIAMI
(LMM), AND THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
3. EXTEND FOR 90 DAYS SECURITY, STREET R 92-248 12-17
MAINTENANCE AND SIMILAR SERVICES IN THE 4/30/92
FLAGLER / CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT --
CONTINUE TO LEVY SPECIAL ASSESSMENTS
AGAINST AREA PROPERTY -- SCHEDULE
PUBLIC HEARING WITHIN 90 DAYS RELATIVE
TO EXTENSION OF SUBJECT DISTRICT.
4. BRIEF DISCUSSION AND COMMENTS BY DISCUSSION 18
COMMISSIONER PLUMMER CONCERNING COST OF 4/30/92
TRAINING PUBLIC SERVICE AIDES (PSAs).
5. (A)INSTRUCT CITY ATTORNEY TO PREPARE
M 92-249
RESOLUTION DIRECTING THE CITY MANAGER
R 92-250
TO ALWAYS INFORM EVERY MEMBER OF THE
DISCUSSION
CITY COMMISSION OF ITEMS RELATING TO
4/30/92
CITY LAND AND/OR CITY PROJECTS
AFFECTING THE CITY AS SOON AS HE IS
INFORMED OR STARTS DISCUSSING ANY
POSSIBILITY FOR ANY SUCH PROJECT;
(B) STIPULATE THAT CITY OF MIAMI
COMMISSION ACCEPTS IN PRINCIPLE AND
CONCEPTUALLY MIAMI MOTORSPORTS INC.
PLAN FOR DEVELOPMENT OF A RACETRACK ON
BICENTENNIAL PARK AND THE FLORIDA EAST
COAST (FEC) SITE THROUGH THE USE OF
$9,000,000 FROM PROFESSIONAL SPORTS
FRANCHISE FACILITY TAX FUNDS -- CITY
COMMISSION URGES METROPOLITAN DADE
COUNTY TO ACCEPT SAID TENTATIVE PLANS
AS MORE FULLY PRESENTED BEFORE THE CITY
COMMISSION ON THIS DATE;
(C) BRIEF DISCUSSION CONCERNING
COMMISSIONER DE YURRE'S EXPRESSED
DESIRE TO BE APPOINTED AS THE CITY OF
MIAMI LIAISON TO THE ABOVE PROJECT.
6. DIRECT MANAGER TO ALLOCATE $4,000 TO M 92-251
REPRESENTATIVES OF THE CHILD ASSAULT 4/30/92
PREVENTION PROJECT TO COVER COSTS TO BE
INCURRED FOR USE OF GUSMAN CULTURAL
CENTER FOR THREE PERFORMANCES OF
"CABARET."
7. DISCUSS AND TEMPORARILY TABLE REQUEST DISCUSSION
BY CURE AIDS NOW CONCERNING PRIOR 4/30/92
FUNDING APPROVED BY THE CITY, BUT NOT
RECEIVED (See labels 15 & 46).
8. DISCUSS AND DEFER CONSIDERATION OF M 92-252
PROPOSED RESOLUTION AUTHORIZING 4/30/92
ISSUANCE OF REQUEST FOR PROPOSALS (RFP)
FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF BICENTENNIAL PARK FOOD
AND BEVERAGE CONCESSION AREA -- REFER
ISSUE TO MIAMI WATERFRONT ADVISORY
BOARD.
18-60
60-64
64-68
.•
0
0
9. (A) APPROVE CHIEF PROCUREMENT OFFICER'S R 92-253
REJECTION OF PROTEST OF MIDTOWN TOWING 4/30/92
OF MIAMI, INC., CONCERNING A REQUEST
FOR PROPOSALS (RFP) TO PROVIDE TOWING
AND WRECKER SERVICES TO THE CITY.
(B)COMMISSIONER PLUMMER REQUESTS
ADMINISTRATION TO REPORT (AFTER LUNCH
BREAK) CONCERNING UNREGULATED TOWING
TRUCKS OPERATING THROUGHOUT THE CITY.
10. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE
(MCNP) FUTURE LAND USE MAP -- CHANGE 10969
LAND USE DESIGNATION AT 351 N.W. 5 4/30/92
STREET FROM HIGH DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL
(Applicant: YWCA).
11. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE
ATLAS -- CHANGE DESIGNATION AT 351 N.W. 10970
5 STREET FROM R-4 MULTIFAMILY HIGH 4/30/92
DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: YWCA).
12. CLOSE, VACATE, ABANDON AND DISCONTINUE R 92-254
PUBLIC USE OF THAT PORTION OF N.W. 21 4/30/92
STREET LYING EAST OF EASTERLY RIGHT-OF-
WAY (ROW) LINE OF N.W. 12 AVENUE AND
WEST OF THE WESTERLY ROW LINE OF N.W.
11 COURT, FOR PROPERTY LOCATED AT 2041
N.W. 12 AVENUE (JETRO CASH AND CARRY
SUBDIVISION).
13. APPROVE PROPOSALS OF CERTAIN TOWING R 92-255
AGENCIES, FOR FURNISHING TOWING AND 4/30/92
WRECKER SERVICES TO CERTAIN ZONES IN
THE CITY.
14. CLAIM SETTLEMENT: JORGE C. BORRON R 92-256
($90,000). 4130/92
15. (Continued Discussion) ALLOCATE M 92-257
$29,000 FROM CDBG FUNDS, AS A GRANT, TO 4/30/92
CURE AIDS NOW (Note: This item was
later rescinded by M 92-269.) (See
labels 7 & 46).
16. DISCUSS AND DEFER (TO MEETING OF MAY M 92-258
7TH) PROPOSED RESOLUTION TO ACCEPT BID 4/30/92
FOR ORANGE BOWL MODERNIZATION PROJECT
PHASE II (1992) - SEAT REPLACEMENT B-
6202 (CIP 404238).
70-84
90-119
120-125
126-134
135-180
lei
17 PERSONAL APPEARANCE: MR. ALEX KELLY, DISCUSSION
FROM THE MALCOM X BIRTHDAY COALITION, 4/30/92
TO REQUEST CO-SPONSORSHIP BY THE CITY
OF THEIR CELEBRATION.
18. GRANT REQUEST BY PROFESSIONAL EVENT R 92-259
SERVICES, INC., ON BEHALF OF THE 4/30/92
MUSCULAR DYSTROPHY ASSOCIATION TO
PERMIT SALE OF ALCOHOLIC BEVERAGES
DURING ANNUAL COCONUT GROVE BED RACE.
19. GRANT REQUEST BY MIAMI / BAHAMAS R 92-260
GOOMBAY FESTIVAL IN COCONUT GROVE, INC. R 92-261
FOR CLOSURE OF DESIGNATED STREETS, 4/30/92
PERMIT TO SELL ALCOHOLIC BEVERAGES, AND
ESTABLISHMENT OF AREA RESTRICTED TO
RETAIL PEDDLERS -- VICE MAYOR ALONSO
GRANTS $10,000 FROM HER BUDGET TO COVER
AMOUNT OF CITY'S IMPACT FEE.
180-182
183-185
186-211
20. DISCUSSION -- PERSONAL APPEARANCE BY DISCUSSION 212-224
REV. JAMES CASH, SR., CHAIRMAN OF 4/30/92
P.U.L.S.E. COMMITTEE TO END
DISCRIMINATION, TO PROPOSE BANNING USE
OF THE CHOKE HOLD RESTRAINT BY POLICE
DEPARTMENT.
21. PERSONAL APPEARANCE: MARTIN STANLEY, DISCUSSION 225-233
TO DISCUSS CONDITION OF RESTROOMS AND 4/30/92
SECURITY AT BAYFRONT PARK AMPHITHEATER.
22. GRANT REQUEST BY GALLERY BOLAE FOR R 92-262
CLOSURE OF DESIGNATED STREETS 4/30/92
CONCERNING A BLOCK PARTY IN THE MIAMI
DESIGN DISTRICT.
23. BRIEFLY CLARIFY AND WITHDRAWN SCHEDULED DISCUSSION
APPEARANCE BY RINGO CAYARD OF THE 4/30/92
HAITIAN AMERICAN FOUNDATION, INC. TO
REQUEST CONVERSION OF A PRIOR CITY LOAN
TO A GRANT.
24. APPROVE AND SUPPORT STATE OF FLORIDA R 92-263
GAME AND FRESH WATER FISH COMMISSION'S 4/30/92
REQUEST TO RENAME THE VIRGINIA KEY
CRITICAL WILDLIFE AREA AS: THE BILL
SADOWSKI CRITICAL WILDLIFE AREA, IN
HONOR OF WILLIAM SADOWSKI FOR HIS
CONTRIBUTION TO THE ENVIRONMENTAL
PROTECTION FIELD.
233-237
237
237-242
L3
25. (A) FIRST READING ORDINANCE: AMEND
CODE SECTIONS 14-26 AND 14-27 (DOWNTOWN
DEVELOPMENT AUTHORITY BOARD) -- PROVIDE
THAT ANY ONE MEMBER OF CITY COMMISSION
SHALL SERVE AS CHAIRPERSON OF THE
BOARD.
(B) APPOINT COMMISSIONER DE YURRE TO
BE CHAIRMAN OF DDA EFFECTIVE UPON
SECOND READING OF THE ABOVE ORDINANCE
AMENDING CODE SECTIONS 14-26 AND 14-27.
(C) SCHEDULE FOR NEXT COMMISSION
MEETING CONSIDERATION OF A PROPOSED
REFERENDUM TO CHANGE THE CONSTITUTION
OF THE OFF-STREET PARKING BOARD TO
INCORPORATE THAT A COMMISSIONER SHALL
SERVE AS CHAIRPERSON.
26. DISCUSS AND REFER BACK TO PLANNING
ADVISORY BOARD PROPOSED RESOLUTION TO
AMEND A DEVELOPMENT OF REGIONAL IMPACT
(DRI) AND MAJOR USE SPECIAL PERMIT
(MUSP) AT 845-999 BRICKELL AVENUE
(Owner / Applicant: Equitable Life
Assurance Society).
27. SECOND READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 4370-4650 N.W.
7 STREET (SOUTH SIDE ONLY) FROM MEDIUM
DENSITY MULTI -FAMILY RESIDENTIAL TO
OFFICE (Applicant: Planning, Building
& Zoning Dept.)
28. SECOND READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT 4370-
4650 N.W. 7 STREET (SOUTH SIDE ONLY)
FROM R-3 MULTI -FAMILY MEDIUM DENSITY
RESIDENTIAL TO O-OFFICE (Applicant:
Planning, Building & Zoning Dept.)
29. SECOND READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 2947-2949 S.W.
22 TERRACE FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL (Owner /
Applicant: Luis & Raul Galindo).
ORDINANCE
FIRST READING
R 92-264
M 92-265
4/30/92
M 92-266
4/30/92
ORDINANCE
10971
4/30/92
ORDINANCE
10972
4/30/92
ORDINANCE
10973
4/30/92
242-250
250-253
253-254
254-256
256-268
30.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 268-269
ATLAS -- CHANGE DESIGNATION AT 2947-
10974
2949 S.W. 22 TERRACE FROM R-2 TWO
4/30/92
FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Owner / Applicant: Luis &
Raul Galindo).
31.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 269-270
ATLAS -- CHANGE DESIGNATION AT 2340
10975
S.W. 32 AVENUE, 3224-32 S.W. 23 STREET
4/30/92
& 3217-21 S.W. 23 TERRACE (VICTOR'S
CAFE) FROM R-2 TWO-FAMILY RESIDENTIAL
TO R-2 TWO-FAMILY RESIDENTIAL WITH AN
SD-12 SPECIAL BUFFER OVERLAY DISTRICT
(Owner / Applicant: Sonia Zaldivar).
32.
FIRST READING ORDINANCE: AMEND 10544
ORDINANCE 271-279
(MCNP) FUTURE LAND USE MAP -- CHANGE
FIRST READING
LAND USE DESIGNATION AT 551 N.W. 72
4/30/92
STREET FROM GENERAL COMMERCIAL TO
INDUSTRIAL (Owner / Applicant: Howard
Lichtman).
33.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE 280-281
ATLAS -- CHANGE DESIGNATION AT 551 N.W.
FIRST READING
72 STREET FROM C-2 LIBERAL COMMERCIAL
4/30/92
TO I - INDUSTRIAL (Owner / Applicant:
Howard Lichtman).
34.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 281-286
ZONING TEXT -- (a) ARTICLE 4, SECTION
10976
401 (SCHEDULE OF DISTRICT REGULATIONS):
4/30/92
TO ADD, CLARIFY, AMEND OR DELETE
CERTAIN USES AND REQUIREMENTS IN
SEVERAL DISTRICTS; (b) ARTICLE 9: TO
PERMIT BARBED WIRE FENCES, TO ADD
REQUIREMENTS / LIMITATIONS FOR
WATERFRONT YARD AREAS; TO ADD HEIGHT
REQUIREMENTS FOR BROADCASTING TOWERS;
TO PROHIBIT VEHICULAR ACCESS FOR
NONRESIDENTIAL USES THROUGH RESIDENTIAL
PROPERTIES; etc. (Applicant: Planning,
Building & Zoning Dept.)
35.
COMMISSIONER DAWKINS REQUESTS GUIDANCE
DISCUSSION 286-289
FROM OTHER COMMISSION MEMBERS
4/30/92
CONCERNING THE CITY'S POSITION AND
NEEDS DURING THE UPCOMING STATE OF
FLORIDA GOVERNOR'S SPECIAL SESSION,
MORE SPECIFICALLY IN CONNECTION WITH
THE PROPOSED 2% TAX.
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36. SECOND READING ORDINANCE: AMEND 11000
ZONING TEXT -- ARTICLE 6, SD-1 MARTIN
LUTHER KING BOULEVARD COMMERCIAL
DISTRICT; SD-5 BRICKELL AVENUE AREA
OFFICE - RESIDENTIAL DISTRICT; SD-6 AND
SD-6.1 CENTRAL COMMERCIAL RESIDENTIAL
DISTRICTS; SD-7 CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL RESIDENTIAL
DISTRICT; SD-13 S.W. 27 AVENUE GATEWAY
DISTRICT; SD-14, 14.1, 14.2: LATIN
QUARTER COMMERCIAL - RESIDENTIAL AND
RESIDENTIAL DISTRICTS; SD-16, 16.1,
16.2: SOUTHEAST OVERTOWN / PARK WEST
COMMERCIAL RESIDENTIAL DISTRICTS; SD-
18: MINIMUM LOT SIZE DISTRICT
(Applicant: Planning, Building &
Zoning Dept.).
37. DENY PROPOSED SECOND READING ORDINANCE
AMENDING 11000 ZONING TEXT -- ARTICLE
21, ADMINISTRATION, ENFORCEMENT,
VIOLATIONS AND PENALTIES, SECTION 2105,
BY REVISING TEXT OF SECTION TO EXTEND
TIME LIMITS FOR OBTAINING BUILDING
PERMITS AND CERTIFICATES OF USE AND
OCCUPANCY PURSUANT TO 9500 AND 11000
(Applicant: Planning, Building &
Zoning Dept.).
38. SECOND READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT PROPERTY BEHIND
5918-5922 N.E. 2 AVENUE FROM MEDIUM
DENSITY MULTI -FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL (Owner /
Applicant: Yves Vielot, Haitian Task
Force).
39. SECOND READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT PROPERTY
BEHIND 5918-5922 N.E. 2 AVENUE FROM R-3
MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL (Owner /
Applicant: Yves Vielot, Haitian Task
Force).
ORDINANCE
10977
4/30/92
M 92-267
4/30/92
ORDINANCE
10978
4/30/92
ORDINANCE
10979
4/30/92
289-291
292-295
295-296
296-297
40.
FIRST READING ORDINANCE: AMEND 10544
ORDINANCE
(MCNP) FUTURE LAND USE MAP -- CHANGE
FIRST READING
LAND USE DESIGNATION AT 601-627 S.W. 8
4/30/92
AVENUE FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO OFFICE (Owner /
Applicant: Vernon Metcalf, Miami
Lighthouse for the Blind - AKA Florida
Association of Workers for the Blind).
41.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
ATLAS -- CHANGE DESIGNATION AT 601-627
FIRST READING
S.W. 8 AVENUE FROM R-3 MULTI -FAMILY
4/30/92
MEDIUM DENSITY RESIDENTIAL TO 0 -
OFFICE (Owner / Applicant: Vernon
Metcalf, Miami Lighthouse for the
Blind - AKA Florida Association of
Workers for the Blind).
42.
PERSONAL APPEARANCE: MR. RUBEN AVILA,
DISCUSSION
JR., REQUESTING TH CITY COMMISSION TO
4/30/92
BAN MR. MANUEL GONZALEZ-GOENAGA FROM
CITY OF MIAMI COMMISSION MEETINGS DUE
TO ALLEGED VERBAL ABUSE.
43.
AMEND RESOLUTION 91-92 (LATER AMENDED
R 92-268
BY RESOLUTION 91-779) WHICH GRANTED A
4/30/92
VARIANCE FROM 9500 TO THE CHINATOWN
PROJECT (1801-1859 BISCAYNE BOULEVARD),
AND WHICH REQUIRED THAT THE CITY
ADMINISTRATION WOULD PROVIDE ASSURANCES
AS TO THE CITY'S POSITION IN SAID
DEAL -- STIPULATE THAT IF, BY AUGUST
30TH, APPLICANT DOES NOT COME TO THE
CITY WITH SOLID CASH, ALL CITY PERMITS
WILL EXPIRE (Applicant: Planning,
Building & Zoning Dept.).
44.
EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE
SECTION 62-61 (SCHEDULE OF FEES) -- ADD
10980
A MAXIMUM FEE FOR RESUBMITTAL OF
4/30/92
APPLICATIONS FOR VACATION OF PUBLIC
RIGHT-OF-WAY (ROW) -- DELETE PROVISION
LIMITING MAXIMUM FEE TO BE CHARGED ANY
GOVERNMENTAL AGENCY OTHER THAN THE CITY
OF MIAMI FOR ANY HEARING.
297-300
301-302
302-303
303-319
319-323
45. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE
CHAPTER 54.5 (SUBDIVISION REGULATIONS), 10981
SECTION 54.5-7 (SAME [PLATS AND 4/30/92
PLATTING] -PROCEDURE -CONFERENCE AND
TENTATIVE PLAT) -- PROVIDE EXEMPTION TO
GOVERNMENTAL ENTITIES / AGENCIES FROM
THE ONE-YEAR TIME FRAME REQUIRED TO
OBTAIN FINAL PLAT APPROVAL BY CITY
COMMISSION AFTER APPROVAL OF TENTATIVE
PLAT BY THE PLAT AND STREET
COMMITTEE -- AMEND SECTION 54.5-13
(REQUIRED IMPROVEMENTS) BY PROVIDING A
WAIVER OF BOND REQUIREMENT FOR REQUIRED
IMPROVEMENTS FOR GOVERNMENTAL ENTITIES
/ AGENCIES.
46. (Continued Discussion) RESCIND PRIOR M 92-269
VOTE (M 92-257) WHICH HAD EARMARKED 4/30/92
SPECIFIC USE OF PREVIOUSLY APPROVED
FUNDS ($29,000) ALLOCATED TO CURE AIDS
NOW (See labels 7 & 15).
323-326
w*m*E
t
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 30th day of April, 1992, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:10 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez and then Vice Mayor Alonso
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
1. Proclamation to Coaches Day, presented to the Dade County Coaches
Association and the Miami Area Fellowship of Christian Athletes for their
sponsorship of the Second Annual Dade County Football Combine.
2. Commendation to The Good Neighbors Committee for Morningside Playground,
and Certificates of Appreciation to Amy McClellan and Ray Temeyer, for
their outstanding work in obtaining a $1,000 grant from the Junior
League of Miami to purchase playground equipment for Morningside Park.
3. Special presentation by Shorty Bryson, Firefighters Union to the City
Manager Cesar H. Odio.
4. Proclamation to Dia en Memoria de Ernesto Montaner, in honor of the
memory of this outstanding Latin American man of literature.
1 April 30, 1992
2. DISCUSSION CONCERNING ONGOING SETTLEMENT NEGOTIATION BETWEEN THE MIAMI
HEAT, LEISURE MANAGEMENT MIAMI (LMM), AND THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
Mayor Suarez: Commissioner De Yurre, your request is to take up the item Heat
LMM settlement, sir.
Commissioner De Yurre: Yes sir, Mr. Mayor. I have yet, for the record, I
have yet to sign off on the settlement agreement that has been approved by the
Miami Heat, by Leisure Management and by the Miami Sports Exhibition
Authority, mainly out of courtesy and deference to my fellow Commissioners. I
have here Chris Korge, the Attorney for the Miami Sports and Exhibition
Authority, Bill Perry, its Executive Director, Rob Franklin from Leisure
Management to address any questions that any member of this Commission may
have. However, I think that in fairness, if we get into any particular of the
issues of the settlement, we may have to get into the whole settlement so that
we can present a balanced situation as to why we got to where we got, and how
everybody had to give in to some degree, but it should be noted that everybody
has walked away satisfied with this. We expect a very good relationship for
the remaining six years of this lease and certainly, we expect the Miami Heat,
along with Leisure Management and the Authority, with the City of Miami as its
partner, to continue this relationship way beyond the ten year lease that we
presently have.
Mayor Suarez: Does anyone have any questions? Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, I put forth a memo of which I would assume I
asked questions. I have not received answers and, of course, that's what I
was asking for, that it would be presented here today. Let me first say that
there are people who make the opinion that says that this Commission has no
involvement in the Arena nor any say, nor any authority, and we should keep
our nose out of it. Well, let me say for one that this City, at the least, is
supposed to receive three hundred thousand dollars ($300,000.00) a year in
payment of the money for the land which that Arena sits on. I have to
seriously question, and one of the main bones of contention, is that a
legality that does not go to court, to me, a quarter of a million dollars is
still a lot of money, and there are those who want to brush aside the legal
fees in this matter of roughly, as I am told, and I'll stand corrected but I
think it's somewhere near correct, of two hundred and fifty thousand dollars
($250,000.00), of somebody's money went to address the lawyers in this
particular case. What disturbed me even more, if it is true, is the fact that
they were arguing primarily over sixty thousand dollars ($60,000.00) and spent
two hundred and fifty thousand ($250,000.00) to argue about sixty. It also
bothers me that in negotiations are usually a give and take. I asked in my
memo, and I am expecting an answer. I know what we gave. What did we
receive? When I asked was the exit clause of seven years and five years taken
out of the agreement, which I understand the City was striving for, the answer
was, yes, they took out the five years. You know why? That's next year.
Absolutely refused to take out the seventh year escape clause. I still ask
the question what did the City get back in return. What did the Sports
2 April 30, 1992
Authority get back in return, and I am yet to receive answers. 1 also want to
know where's the two hundred and fifty thousand dollars ($250,000.00) of legal
fees. How's it going to be paid? Oh, well Plummer, you shouldn't worry about
that because the City's not paying it. Somebody's paying it. This is a small
matter, Plummer. Why are you involved? Two hundred and fifty thousand
dollars ($250,000.00) to me is still a lot of money. I don't care how or
whatever you want to cut it. So, Mr. Mayor, I put forth a memo and I really
expect answers, and I put it forth timely that I could get my answers here
today because I had a commitment and my colleague has lived up to that
commitment, that that matter would not be signed until the matter was brought
before this Commission, and that's what I am asking for is the answers. If
anybody's prepared to bring forth the answers ...
Commissioner De Yurre: Guys.
Commissioner Plummer: ... of the memo which I put forth.
Mayor Suarez: I would think so. As he does that Mr. City Attorney would you
... just an idea that occurred to me. We have many learned counsel here,
including our former Secretary of State. Would you consider the possibility
that in City contracts, the provision on attorneys' fees, would be so termed
as to state that the maximum amount, on a hourly basis, that can be charged by
! either side in the prevailing side, whichever side it may be, would be limited
to 11V amount. Let's say fifty dollars an hour or something reasonable, and
not the hundred and fifty and two hundred dollars an hour that some counsellor
is receiving in some of this litigation. Would you contemplate that as a
possibility?
I
Mr. Jones: Are you asking whether that can be contracted for?
Mayor Suarez: Yes, sir.
{
Mr. Jones: In terms ...
Mayor Suarez: We could cut our attorneys' fees in some of this litigation by
one third in one fell swoop if we could accomplish that.
Commissioner Plummer: Excuse me, Mr. Mayor, I will be more than happy to
furnish you, and I'll ask that my staff get right now. You should see what I
have in a document of the amount of outside counsel that has been used by the
City Attorney's office, and I am not picking on this gentlemen because it goes
back to 1988. I am going to share with each and everyone of you the amount of
outside counsel that has gone, not only to just this City, but through this
City to the Off Street Parking Authority, and I want to tell you when you see
some of these rates, it's going to astound you.
Mayor Suarez: Would you be able to answer that at the appropriate time? Not
i
necessarily now.
i
{' Mr. Jones: Yeah.
I
F Mayor Suarez: I have a feeling your going to have to look in your ... Do a
little research on the constitutionality of it. Mr. Perry.
3 April 30, 1992
t
Mr. Bill Perry: To address Commissioner Plummer's concern as relates to the
legal fees of approximately two hundred and fifty thousand dollars
($250,000.00). You have to understand that there are two legal parties
involved. The ... our attorney ... the Sports Authorities attorney is within
our Operational Budget that this Commission approved.
Commissioner Plummer: Who is ...
Mr. Perry: Which is our attorney for the Authority is Chris Korge.
Commissioner Plummer: OK. But was he, was this ...
Mr. Perry: He is paid an hourly ...
Commissioner Plummer: I am sorry, Bill.
Mr. Perry:...rate. That particular rate is well within budget, at the present
time. Mr. ... the attorney for the arena is Mr. Richard Friend. He
represents Leisure Management Miami. When this arena contract was approved,
years ago, there was an item in that particular amendment, the Miami Arena
contract. I am sorry, not amendment, contract, that was specifically set
aside for extraordinary legal expenses. Once that contract was approved, then
that automatically approved that item, which, in essence, means that you can
have as many expenses, as long as they are quantified extraordinary legal
expenses, they will be approved.
Commissioner Plummer: Bill, let me stop you, if I may, for one second.
Mr. Perry: The money is coming from arena operations.
Commissioner Plummer: OK. It's somebody's money.
Mr. Perry: The arena is funded through the convention development tax that we
receive, and in hand we send through the lend lease agreement that we have
with the City three hundred thousand dollars ($300,000.00) for the land lease.
So you go to understand that it's really three different scenarios.
Commissioner Plummer: I understand that if you go broke, who's got to pick up
the tab also. Let me understand if I ...
Mr. Perry: We have to pick up the tab, not the City.
Commissioner Plummer: No ...
Mr. Perry: City...
Commissioner Plummer: ... if your broke ...
Mr. Perry: Not the City.
Commissioner Plummer: ... you don't have any money to pick up a tab.
Vice Mayor Alonso: Where's your money coming from?
4 April 30, 1992
Mr. Perry: Money is coming from the County. The Convention Development Tax
or the Bed Tax.
Vice Mayor Alonso: Is that taxpayers money?
Mr. Perry: Bed tax. Resort tax. Not City of Miami taxes.
Vice Mayor Alonso: It always amazes me when people talk about Federal monies
and State monies and local monies, and they don't consider that is money that
belongs to the citizens. It's taxpayers money. Regardless where it's coming
from.
Mr. Perry: Well it's not ...
Vice Mayor Alonso: Government functions with money that belongs to the
people. So we have to protect and defend to the best of our abilities
whatever it comes regardless. And we should be responsible for that as well.
Mr. Perry: I understand you point, Vice Mayor, however, it's not City of
Miami taxpayer's money, unless, in an unusual circumstance that City of Miami
residents would be living in hotels.
Vice Mayor Alonso: Never mind, but that's money that should be used for
something else, and not to be wasted. That's the point that the Commissioner
and all of us...
Commissioner Plummer: Exactly.
Vice Mayor Alonso: ... we are trying to make.
Commissioner Plummer: Let me understand if, and I want to get the record
clear, this was a lawsuit instigated by the Heat against LMM and the Sports
Authority, is that correct?
Mr. Perry: October 1990.
Commissioner Plummer: And their contention was that you all, excuse me, LMN
[sic] did and audit and that that audit was not fair because you were not
totally independent. Is that correct? - In reference to the sixty thousand
dollars ($60,000.00).
Mr. Perry: No.
Commissioner Plummer: OK. What was the basis of the lawsuit?
Mr. Perry: The basis of the lawsuit had to deal with various issues. I guess
the major issue was excess selected expenses ...
Commissioner Plummer: An audit.
Mr. Perry: ... which is, and the payment of ...
Commissioner Plummer: An audit.
5 April 30, 1992
L
Mr. Perry: No.
Commissioner Plummer: It was not over an audit?
Mr. Perry: No. It was ...
Commissioner Plummer: What.
Mr. Perry: ... over items over budgeted amounts. Excess selected expenses
..
Commissioner Plummer: How could that come in if it wasn't through an audit?
Mr. Perry: No it was. The basis of the lawsuit is over definition of terms
and who is responsible for paying those particular line items. Once it goes
over a specific amount then that's where it became a major dispute. Who was
responsible, for example, for paying utilities when it goes over a certain
amount. Who is responsible for paying insurance when it goes over a certain
amount.
Commissioner Plummer: OK. But was it not the sixty thousand that was the
primary contention?
Mr. Perry: No.
Commissioner Plummer: It was not.
Mr. Perry: No.
Commissioner Plummer: The overall lawsuit then addressed ...
Mr. Perry: Sixty thousand dollars ($60,000.00) came from a negotiated amount.
It was originally way above a hundred thousand dollars ($100,000.00). The
sixty thousand ... that was negotiated down to sixty thousand dollars
($60,000.00) to be of as a breaking point in which the Sports Authority is now
responsible of paying all excess selected expenses.
Commissioner Plummer: In other words.
Mr. Perry: In essence what that means is we are responsible for paying sixty
thousand dollars ($60,000.00) from the past three years and ...
Commissioner Plummer: Let's say one hundred and eighty thousand.
Mr. Perry: ... for the remaining years. A hundred and eighty thousand
dollars ($180,000.00).
Commissioner Plummer: In other words that was not done by you prior to this
lawsuit?
Mr. Perry: No.
Commissioner Plummer: So you caved in and you are paying them three years
back of a hundred and eighty and, hence forth, you'll be paying them sixty
6 April 30, 1992
,fi
H
that you didn't pay them from the day that the contract was signed. Is that a
true statement?
Mr. Perry: Well ...
Commissioner Plummer: Now.
Mr. Perry: ... that's a true statement.
Commissioner Plummer: OK. I am asking very simply again. What did we get...
we, the City, what did we get in return?
Mr. Perry: I would say that in addition to the three hundred thousand dollars
($300,000.00) a year land lease that comes to the City from the ... for the
purpose of the land ...
Commissioner Plummer: No that was already there.
Mr. Perry: That was already there.
Commissioner Plummer: What did we get in return for the ...
Mr. Perry: Advertising. They did give in on the advertising which means,
specifically, that if a hockey team were to come in, if an indoor soccer team
was to come in, if arena football was to come in, which is a reality, for not
this year but possibly next year, they have given in a portion of that
revenue. Specifically, around the dasherwalls...
Commissioner Plummer: If.
Mr. Perry:...within the facility.
Commissioner Plummer: If.
Mr. Perry: The University of Miami they also gave in for the University of
Miami advertising.
Commissioner Plummer: They also gave in, didn't they, to fix the score board
and the sound system they broke?
Mr. Perry: That they broke. They are responsible for paying that.
Commissioner Plummer: They gave in and caved in to fix something they broke.
Mr. Perry: Yes.
Mayor Suarez: Commissioner Plummer are you finished line of inquiry? We have
Commissioner Dawkins.
Commissioner Plummer: Please, I'll back off for a few minutes because I am
still waiting to hear my answers. I've not got the answer to my question,
what did we get for what we gave.
7 April 30, 1992
Mr. Perry: Well, you see, it's hard to quantify what that specific dollar
amount is on advertising, because it's yet to be determined. It all dependent
upon what happens ...
Commissioner Plummer: No. That's not going to be revenue to us on the
advertising. It's going to be to another promoter. Is that correct?
Mr. Perry: No.
Commissioner Plummer: You, the Sports Authority will derive revenues from it?
Mr. Perry: No.
Commissioner Plummer: Oh. OK.
Mr. Perry: The arena will.
Commissioner Plummer: I'm sorry.
Mr. Perry: But that effect directly effects the bottom tine, because we are
responsible ... the Sports Authority is responsible for paying for losses, if
` 'j
losses do occur in the arena.
Commissioner Plummer: Bill, let me say this to you. And I am going to finish
because I'll let you ... rest of my answers without taking up the Commissions
time. I find it impossible to understand an argument over sixty thousand
dollars ($60,000.00) a year when they pay one player twenty-eight million
($28,000,000.00) dollars in a contract and they want to argue. That doesn't,
in my estimation, say that they are good community corporative citizens. I am
still waiting, as others in this Commission are waiting, for the so called
downtown community center by the Heat and other things that have been
promised, but I just find it impossible to argue and find out that they want
to argue about sixty thousand ($60,000.00) dollars and pay one player twenty-
'�
eight million ($28,000,000.00) ... and he's probably worth every penny of it.
L,
But where is the equity? I don't understand. Mr. Mayor, all the rest I'll
get in writing.
Mayor Suarez: All right. Commissioner Dawkins.
! Commissioner Dawkins: I agree with J. L. in that I too fail to see where the
City of Miami gained anything from this negotiation. That's my personal
belief. What I would like from you, Mr. Perry, is I've heard you say that the
money you are using is not City of Miami's money. Is that correct?
Mr. Perry: That's correct. We've received no subsidy from the City of Miami.
Commissioner Dawkins: All right. The money comes from where?
Mr. Perry: The money comes ...
Commissioner Dawkins: That your talking about.
f
Mr. Perry: ... from Arena Operations Convention Development Tax that we
collect from the County.
8 April 30, 1992
Commissioner Dawkins: All right. The Convention Development Tax is given to
what entity?
Mr. Perry: It's given to the Sports Authority through the Tax Collectors
Office of Dade County.
Commissioner Dawkins: OK. And no way is it ... all right. Then the County
does not give it to the City of Miami?
Mr. Perry: No.
Commissioner Dawkins: That's not counted as City of Miami money?
Mr. Perry: No. Well they say it's City of Miami, but it's not legally
considered City of Miami money.
Commissioner Dawkins: No, no, no, no. Does the County say to us, when they
give me this money, that I am doing this for the City of Miami?
Mr. Perry: No.
Commissioner Dawkins: What do they say?
Mr. Perry: They say they're giving it to the Sports Authority.
Commissioner Dawkins: And the Sports Authority is an entity of what?
Mr. Perry: Is a semi -autonomous agency of the City of Miami.
Commissioner Dawkins: Of the City of Miami. Right?
Mr. Perry: Um -hum.
Commissioner Dawkins: So, therefore, how can the County give the money to
this agency without having it attached as money to the City of Miami?
Mr. Perry: That's the law.
Commissioner Dawkins: It's not the law. It's common sense. Now it's the law
which may say ... may ready the way you want it to read that this money does
not come to the City of Miami, but since the agency is an arm of the City of
Miami, Mr. Perry, the money does come to the City of Miami.
Mr. Perry: That's a legal question. I mean I understand what ...
Commissioner Dawkins: Wait, I am not arguing legalities, sir. I am arguing,
I am attempting to argue plain logic. OK. And you, as we11 as I know, as
demonstrated last night, in L. A.(Los-Angeles), sometime logic and law doesn't
mix. OK. So we don't even have to argue about ... I mean you and I don't
even have to discuss that. OK. But I am looking at logic and logically it
would appear that the Orange Bowl money that's coming from the tax dollar, is
City of Miami money, Marina money, which is coming from the City ... from same
pot of money, is City of Miami money. OK. So somewhere along the lines
' 9 April 30, 1992
somebody has to understand that it is taxpayers' money that was given to the
City of Miami. I keep hearing people say that it's for tourists. OK, you
would be surprised that the number of people who rent rooms, in the City of
Miami, or Dade County, and pay the same tax. There are people who live in the
City of Miami who eat out and pay the same tax. So don't have the world think
that all of this money is from tourists. It's from the local people,
therefore, it would be my money. Thank you.
Mayor Suarez: Anything further, Commissioners?
Commissioner Plummer: Mr. Mayor, there's nothing further on my behalf. I
just think that, you know, that we have a vital interest and I don't think ...
so that the record is clear I don't want the Heat to go away. I think they
are one of the finest things that have happened in this community. But I
think they have responsibility and I think they have to play fair with the
City, play fair with the fans who have supported them and brought them to
where they are. I think in return they've taken a lot from this community.
They have an obligation to give back to this community and in my estimation,
at this point, they haven't done it. So, hopefully, they will pick up and do
what they should do.
Commissioner De Yurre: Mr. Mayor, for the record, suffice it to say that J.
L. makes good points, however, they are not part of this lawsuit, they are not
part of the settlement agreement, and we have to take it in a separate mode at
this point and time. We can continue to work with the Heat. I feel that
we're reaching, and we have reached with this settlement, a new level of
understanding where we are going to be working more as a partnership as
opposed to adversaries which has been the situation for the last couple of
years. I believe that this settlement is in the best interest of all parties.
Certainly in the best interest of our community and people that have benefited
greatly from what the Miami Heat has done for us, not only locally, but by
taking the team traveling throughout the country. They are an exciting entity
of our City and really carries our name well throughout, and I feel very very
pleased that all the hard work that went in to this has paid off in a
settlement which I expect to sign in a few minutes. Thank you.
Mayor Suarez: The Manager for... Mr. Manager, for future reference the
problem with these contracts, and God knows they are extremely complex,
lengthy. The main problem is that a contract is supposed to be, among other
things, an allocation of risks, responsibilities and rights. These
contractual documents, very seldom, allocate risks clearly to one party or the
other. They are intertwined. They are interlocked. They are interdependent.
They are inter everything and, in the final analysis, losses are shared,
profits are shared, by a variety of formulas that it takes all of these
lawyers, making all kinds of money, to understand whenever there is a minor
dispute. That's not the kind of contract, ideally, that we should enter into.
I think that in others ways, I suppose, it was an unprecedented set of
agreements, joint, public and private effort. There was some money put up by
the parent company of LMM. We have some discussions as to the form that that
was suppose to take, the seven million dollars ($7,000,000.00) plus, but there
was some risks incurred by them. So it was unusual in that sense. In the
past we have made contracts where we gave City land and we gave City credit
and we ended up with a liability. In this particular case at least it's a
Joint liability because they can also incur losses as we can. A cleaner
10 April 30, 1992
allocation and a clearer apportionment of risks and obligations and rights is
probably called for, in the future, so that our citizens understand. Because
I guarantee you that as much confusion as there is in this Commission, ten
times that confusion reigns in the minds of the general public, as to the
interpretation of these documents, who is responsible, where the taxes are
coming from, where the losses can possibly lie, and the worst thing of all,
and I have to say it with no disrespect to my colleagues in the bar, is that
the legal fees expended in all of this. Why do governments argue with quasi -
governmental bodies, and with a concessionaire of the City, in a sense, and
have to... whenever there is a dispute pay all kinds legal fees? Why can't we
come up with a system that the matter get arbitrated by some party that does
it on a pro bono basis, or at least on a minimal cost basis. We've got to
figure out a way to do that, otherwise, I think the last time I checked, legal
fees were 2 percent of the Gross National Product in this Country. It's
probably increasing which is really really an unfortunate, and a sad
commentary on the way the American system is structured, and I think it's for
us attorneys to do something about it. Mr. Gonzalez-Goenaga, sir, you can
have a seat. We are not in a public hearing. We are trying to decide, as an
informational basis, what exactly has been done and has not been done in
regards to a settlement. All right. Ladies and gentlemen Commissioners, item
one... do we need to approve minutes of the last meeting, Madam City Clerk?
Ms. Matty Hirai: No sir.
Mayor Suarez: Thank you.
Commissioner Dawkins: Mr. Mayor are we finished with that?
Mayor Suarez: Yes
Commissioner Dawkins: I have a statement to make.
Mayor Suarez: Yes Commissioner, please.
Commissioner Dawkins: Mr. Mayor, I would like to go on... don't leave
Franklin. Don't leave. I would like to go on the record having known that I
do not have a personal problem with the Heat. My problem begins with Mr.
Patrinely. When Mr. Patrinely sat down with us to convince us that we should
build the Heat, Mr. Patrinely made all kinds of promises to me and Attorney
Jesse McCrary. Mr. Patrinely assured me that if I wanted to have a black
concessionaire that he would work to see that the concessions at the arena
would be owned, operated and profits from would go to a black entity. Mr.
Jesse McCrary can attest to the fact that when the arena was completed, Mr.
Patrinely came to me and told me I can not give you the concessionaire in that
we have a contract with Harry M. Stevens, and Harry M. Stevens is the one who
runs the concessions at all of our facilities. Therefore, my problem with the
Heat is secondary compared to my problem with Mr. Patrinely. I would like to
put that in the records. Thank you, Mr. Franklin, for staying.
11 April 30, 1992
•
e
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3. EXTEND FOR 90 DAYS SECURITY, STREET MAINTENANCE AND SIMILAR SERVICES IN
THE FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT -- CONTINUE TO LEVY SPECIAL ASSESSMENTS AGAINST AREA
PROPERTY -- SCHEDULE PUBLIC HEARING WITHIN 90 DAYS RELATIVE TO
EXTENSION OF SUBJECT DISTRICT.
Mayor Suarez: Item one. A resolution determining security of the street
maintenance. Confirming, I am sorry, the extension of one year for the
Flagler Core area security district special improvement district.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Jones: Mr. Mayor, clarification this...
Mayor Suarez: I deem the City Attorney's intervention to be a second of the
motion. The City Attorney go ahead, please. Very timely intervention.
Mr. Jones: For the record, this apparently has been amended. The original-, I
think, in your package indicates a one year extension. That has been changed
to 90 days. I don't know the reasoning behind it but perhaps Mr. Schwartz can
address that.
Mr. Matthew Schwartz: It was proposed, as a result of a property owners
meeting, downtown last week. That the district be extended for 90 days, come
back to the City Commission with a report in 60 days, concerning the
operational aspects of the program.
Commissioner Dawkins: I move that we defer the whole thing for 90 days, and
when they can come back with it together, we will move it.
C
Mr. Schwartz: Ah.
'j Commissioner Dawkins: No, no, no.
Mayor Suarez: We will have to extend it for 90 days for review after 90 days.
Mr. Schwartz: Commissioner, the program will end.
Commissioner Dawkins: Well... it expires now, Mr. Mayor?
Mayor Suarez: Yes.
Mr. Schwartz: It would expire in... it... there is support of... as a result
of the meeting we had the other day.
.i
Mayor Suarez: They're concerned about the effectivity of it.
12 April 30, 1992
'3i
0
0
Mr. Schwartz:...there support of the concept in realizing that there is a need
for additional security and they want to look further into the choice of using
the City police or private security.
Commissioner Dawkins: If we approve it for 90 days and at the end of 90 days
they do not want it. What, Mr. Matthew?
Mr. Schwartz: It would be a public hearing and the program would come to an
end.
Commissioner Dawkins: Not a public hearing. It's their dollars. These
dollars belong to the people in the area. The public has nothing to do with
this.
Mr. Schwartz: No the public... it's administered by the City. It's rullected
by the City and it's... legally it's a City program.
Mayor Suarez: I guess they only want... at this point. Yeah, I this point
they only want a 90 days extension because they want another review, and they
want us to participate in that, as well we might.
3�
Mr. Schwartz: To review, right.
Commissioner Dawkins: What's the recommendation of the Manager, Mr. Mayor?
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: I go ahead and respect the owners wish. If in 90 days they don't
want to we want to change the program then we will do it.
_.^
Commissioner Dawkins: So move the Manager's recommendation.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
f
Mayor Suarez: Seconded.
Commissioner Plummer: Can I ask a question?
'-
Mayor Suarez: Yeah, Commissioner Plummer.
Commissioner Plummer: What happens at the end of 90 days if the owners don't
want it, what do you do with those people?
-_
Mr. Odio: Well they will...
:=
Commissioner Plummer: And the uniforms, and the scooters and all the money
that's been laid out?
Mr. Odio: That's why I was telling him to extend it for one year and then
cancel at the end of 90 days, and they have to assume the responsibility of
those people.
13 April 30, 1992
Commissioner Plummer: My understanding was what they were looking for was
input and recommendations. Or being able to make recommendations and I see
nothing wrong with that...
Mr. Odio: I don't see anything wrong with that either.
Commissioner Plummer: ... as long as they understand that anything they do is
strictly a recommendation. But, you know, what happens now at the end of 90
days and it's said that, no we don't the ranger program.
Vice Mayor Alonso: I think we should make an amendment and say it's for a
year and they will come back in ninety-eight for a review, but it's, for one
year or nothing.
Mr. Schwartz: I think the other suggestion, if that's the recommendation of
the Commission, is that the billing then, the initial billing, should be for
90 days with a second billing for the remainder of the year because rather
than the City having to refund the property owners for... I think there's a
concern... this is a special assessment property owners are billed... would be
billed within the next month for the services on... for the year.
Vice Mayor Alonso: But do you understand the concerns?
Mr. Schwartz: Yes. Yes.
Vice Mayor Alonso: And I think, perhaps, the recommendation of the City
Manager should have been 90 days. I don't recommend a year I do because he
has also some concerns about the amount of money, so maybe we should defer
this item.
Mr. Odio: But then the program wouldn't exist to operate and then we have
those rangers not funded out there so.
Vice Mayor Alonso: Well.
Mr. Odio: I think you could extend it for a year and at the end of 90 days
it's going to be reviewed and then cancel it, or not cancel it, whatever.
Vice Mayor Alonso: OK. Then we have to change the motion.
Mayor Suarez: You want to do it with billing only as to the period of time
that we're approving this particular program? That's what Mr. Schwartz was
just suggesting. Extending the billing only for 90 days.
Vice Mayor Alonso: I have no problem with that if Commissioner Dawkins
agrees.
Commissioner Dawkins: All right.
Mayor Suarez: Let's go for it. We have a motion modified to extend the
special assessment district for 90 days with billings only for 90 days, and
the program continue to be implemented as is now the case. Further review by
this Commission with input from the owners in that period of time. I guess it
might very well result in the abandonment of the program.
14 April 30, 1992
Ij
Vice Mayor Alonso: Is it clear? Because at times we say so many things and
at the end the Administration doesn't have any idea of what we are doing.
Mayor Suarez: That's why I restated it.
Vice Mayor Alonso: I think, you understand now, what we want right?
Mayor Suarez: It's a 90 day extension with 90 days billing and 90 days
allocation of the monies, for this purpose, and a review to take place 1n 90
days. If I say 90 days one more time. Mr. Gonzalez- Goenaga, sir, this is
technically a public hearing. I think we have an ordinance that basically
says we'll take your general input after 4:00 P.M., but why don't we just go
ahead and hear what, if anything you have, that's relevant to this particular
item. It's a special assessment district in downtown, it's not anything that
particularly will affect your pocket, but you never know.
Mr. Gonzalez-Goenaga: Everything that you decide here affects the pockets of
the individuals.
Mayor Suarez: What is your comment about this matter. No philosophy. What
is the comment about this matter that you want to make, sir?
Mr. Gonzalez-Goenaga: Well, if you do not understand it well, how do you
pretend me, and this being a public hearing, to understand it where there are
no full disclosure to the citizens of Miami regarding these, regarding the
Neat on Miami, everything is done in a kind of closed door situation and then
many other things will come probably today that are hidden...
Mr. Odio: Manuel, may I say something to you?
Mr. Gonzalez-Goenaga: Yes.
Mr. Odio: Because it's fair what your saying. This item are monies that are
paid for by the owners downtown. They put in an additional monies to pay for
the rangers. What they're saying is, I want to review this within 60 days to
see if I want to keep paying for rangers or do something else.
Mr. Gonzalez-Goenaga: Yes but the thing is that when we go and I buy
something in a downtown store they, of course, have to recover their cost and,
indirectly, the citizens are also paying for those rangers. So, I mean,
those... this is no voodoo things. We have to be logical and as clear as
possible to the citizens because remember that the citizens are dumb. We are
a bunch of dumb people because we don't even go to the elections. So are you
hearing me that we are indirectly paying... What is a ranger? Is it a ranger
from the west? Does they carry pistol, guns and and... what is a ranger?
Please, I do not know.
Mayor Suarez: They're like public...
Mr. Gonzalez-Goenaga: Any difference from a policeman?
Mayor Suarez: They're like public service aides. They don't have arrest
powers, they're downtown and if you want to know more about them all you have
15 April 30, 1992
to do is go down there and check them out. You obviously haven't done that,
so.
Mr. Gonzalez-Goenaga: No. Not yet.
Mayor Suarez: Very good.
Mr. Gonzalez-Goenaga: OK. Thank you.
Mayor Suarez: All right. Have a seat sir.
Mayor Suarez: That's it Mr. Gonzalez-Goenaga...
Mr. Gonzalez-Goenaga: For the time being.
Mayor Suarez: Yes, sir. Item two, Bicentennial Park...
Ms. Hirai: Excuse me, Mr. Mayor.
Vice Mayor Alonso: We did not.
Commissioner Plummer: Wait, what did we do with item one?
Mayor Suarez: I'm sorry, we have a motion and a second.
Ms. Hirai: Yes, sir.
Mayor Suarez: Please call the roll. Madam... City former City...
16 April 30, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-248
A RESOLUTION, WITH ATTACHMENT(S), CONFIRMING
RESOLUTION NO. 89-548, ADOPTED JUNE 7, 1989, AND
DETERMINING THAT SECURITY AND STREET MAINTENANCE AND
SIMILAR SERVICES, AS DECLARED BY RESOLUTION NO. 89-
828, ADOPTED SEPTEMBER 14, 1989, AND EXTENDED FOR ONE
YEAR BY RESOLUTION NO. 91-292, ADOPTED APRIL 11, 1991,
BE FURTHER EXTENDED FOR A PERIOD OF NINETY (90) DAYS
IN THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT, AS ADOPTED ON JUNE 7, 1989,
PURSUANT TO RESOLUTION NO. 89-828; CONTINUING TO LEVY
SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID
DISTRICT BENEFITING THROUGH THE PROVISION OF SUCH
SERVICES FOR SAID ADDITIONAL NINETY (90) DAYS, IN
ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED
FORTHWITH WITH THE CITY CLERK; DIRECTING THE CITY
MANAGER TO SCHEDULE A PUBLIC HEARING WITHIN NINETY
(90) DAYS RELATIVE TO THE EXTENSION OF THE SUBJECT
DISTRICT THROUGH APRIL 1993; AND INCORPORATING THE
AFOREMENTIONED RESOLUTIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17 April 30, 1992
a
4. BRIEF DISCUSSION AND COMMENTS BY COMMISSIONER PLUMMER CONCERNING COST OF
TRAINING PUBLIC SERVICE AIDES (PSAs).
Mayor Suarez: Yes. Item two.
Commissioner Plummer: Mr. Mayor while they're coming up may I, for the
record, enter a friend of all of ours... you now we wondered and we were very
much upset about how much it is costing the City to get one PSA into the
school. It was eighty-two hundred dollars ($8,200.00). I have a
documented... we all know Earl Wiggins from the Roads Association. He applied
for the job and he was denied. He outlines in here that he was denied because
of his eyes, which are fully correctable by glasses. Fully within the context
of what is done, and is there any wonder why it's costing eighty-two hundred
dollars ($8,200.00) to get one PSA, Mr. Manager. Mr. Manager, would you look
into this, sir, and give me back a written report please, and give the members
of this Commission a written report. The man complied with every rule and
regulation. In reference to his glasses there is a letter there from his
optometrist telling you he does better than what you ask for.
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5. (A)INSTRUCT CITY ATTORNEY TO PREPARE RESOLUTION DIRECTING THE CITY MANAGER
TO ALWAYS INFORM EVERY MEMBER OF THE CITY COMMISSION OF ITEMS RELATING
TO CITY LAND AND/OR CITY PROJECTS AFFECTING THE CITY AS SOON AS HE IS
INFORMED OR STARTS DISCUSSING ANY POSSIBILITY FOR ANY SUCH PROJECT;
(B)STIPULATE THAT CITY OF MIAMI COMMISSION ACCEPTS IN PRINCIPLE AND
CONCEPTUALLY MIAMI MOTORSPORTS INC. PLAN FOR DEVELOPMENT OF A RACETRACK
ON BICENTENNIAL PARK AND THE FLORIDA EAST COAST (FEC) SITE THROUGH THE
USE OF $9,000,000 FROM PROFESSIONAL SPORTS FRANCHISE FACILITY TAX
FUNDS -- CITY COMMISSION URGES METROPOLITAN DADE COUNTY TO ACCEPT
SAID TENTATIVE PLANS AS MORE FULLY PRESENTED BEFORE THE CITY COMMISSION
ON THIS DATE;
(C)BRIEF DISCUSSION CONCERNING COMMISSIONER DE YURRE'S EXPRESSED DESIRE TO
BE APPOINTED AS THE CITY OF MIAMI LIAISON TO THE ABOVE PROJECT.
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Mayor Suarez: Mrs. Dougherty.
Mrs. Lucia Dougherty, Esq.: Mr. Mayor, members of the Commission, my name is
Lucia Dougherty, I am an attorney with law offices at 1221 Brickell Avenue. I
am here today representing Miami Motorsports, Inc., and Ralph Sanchez who is
here with me today. We are seeking your approval, in principle, of the plan
that Ralph will explain to you in a minute, so that we can ask your City
Manager to go forward with us to negotiate an inter -local agreement with the
County, for the allocation of the nine million dollars ($9,000,000.00) which
they have tentatively approved for the permanent placement of a race track in
Bicentennial and FEC (Florida East Coast) tracks. You may recall that these
funds are the one cent sports franchise fee funds, and they can only be spent
for sports franchise related facility from which you are getting eight million
18 April 30, 1992
dollars ($6,000,000.00) for the Orange Bowl, Homestead is getting one point
two million dollars ($1,200,000.00), Lipton is getting twenty-eight million
dollars ($28,000,000.00) and they have allocated nine million dollars
($9,000,000.00) for this program. Remember again ...
Mayor Suarez: Is that a two year imposition or is that a permanent
imposition? I forget. - The sports tax.
Mrs. Dougherty: The sports tax is permanent.
Mayor Suarez: And it is imposed on? What does it impinge on?
Mrs. Dougherty: It is a bed tax. It's a one cent bed tax specifically
allocated and cannot be spent for many of the other programs that we have in
this City.
Mayor Suarez: On all Dade County hotels. Does it pour over, independently,
into Miami Beach and Bal Harbour, or does it pour over into the County as a
whole?
Commissioner Plummer: Countywide.
Mrs. Dougherty: It's Countywide.
Vice Mayor Alonso: It's Countywide.
Mayor Suarez: So at this particular point, if you are to rent a room in a
hotel, you are paying how many cents altogether if you include the sales tax
and all of the bed taxes including the sports tax?
Commissioner Plummer: Depends on where. It would depend, Mr. Mayor, on
where, for example, Miami Beach ... they have a five percent, or five cent VCA
tax. Sunny Isle has a separate tax. It would depend ...
Mayor Suarez: I think it works out to be the same, but if you want to
z differentiate ...
Mrs. Dougherty: I don't know the answer.
Mayor Suarez: ... leave Miami Beach out. You know the answer? I think it's
the same because it's five cents for them and it's a total of five cents for
the Convention Development Tax and the Tourism Development Tax.
Commissioner Plummer: The Beach gets it.
Mayor Suarez: Plus this one.
Commissioner Plummer: That plus.
Mayor Suarez: So your up to eleven cents, I guess, with sales tax.
Mrs. Dougherty: My only point is that this money can't be spent for anything
else other than a sports related franchise facility.
19 April 30, 1992
r
Mayor Suarez: Sports? The wording is sports related franchise facility?
Mrs. Dougherty: The actual word is "construction of a professional sports
franchise." Ralph will now explain to you his plan for the park and track.
Mr. Ralph Sanchez: Thank you. Mr. Mayor, Commissioners, we have tried to
develop this plan in conjunction with the City of Miami's 1987 Waterfront
Plan. What we are going to be talking about here today is strictly the nine
million dollar ($9,000,000.00) impact to the Bayside, I am sorry, the
Bicentennial FEC track. We are not going to address the other proposed larger
project, which is the Port of Miami's project.
Commissioner De Yurre: Ralph, before you get started, then, you got to
understand one thing, that one has to go with the other. On the long term,
you know, we can ... I can approve this today but it has to be in conjunction
with what the Port is going to do because it has to compliment each other, so
we have to keep in mind that we have to work together with the Port to make
sure that, you know, we don't do something here that may not be ...
Mr. Sanchez: Sure.
Commissioner De Yurre: ... what we end up doing and we have to destroy part
of it ...
Mr. Sanchez: No, no, no.
Commissioner De Yurre: ... things of that nature.
Mr. Sanchez: Our plan is, basically, ...
Mayor Suarez: You are prepared to tell us what is compatible in your plan ...
Mr. Sanchez: Everything.
Mayor Suarez: ... with the ...
Mr. Sanchez: It's 100 percent compatible with the park plan.
Mayor Suarez: ... alright, and also with what you referred to as the 1987
Waterfront Plan which we commonly refer to as the Master Plan for the FEC
Bicentennial.
Mr. Sanchez: Right.
Mayor Suarez: Alright.
Mr. Sanchez: Now, the ...
Commissioner Plummer: Mr. Mayor, just for your information from day one I
have insisted that whatever comes forth in this must be a footprint that will,
in fact, fit if in fact the Lunetta Plan, as it's referred to, ever becomes a
reality. So that this money that is spent here today is not going to be torn
up and thrown away to bring in the new plan ... this will fit right into the
Lunetta Plan if it becomes a reality.
20 April 30, 1992
Vice Mayor Alonso: You know what is unfortunate, Commissioner? That, in fact,
when you were referring for the last two or three Commission meetings about
that plan, some of us, that had no idea about the Lunetta Plan, were ignorant
of what you were referring to, and thought that it was a plan within the City
of Miami. Later on we learned that it was a plan that some of us here, siting
up here, were informed, and some of us, the ones that were left out, at least
this Commissioner was, had no idea that it was working for about eight months
in some counts, three months in others, and that's very unfortunate because we
should have been given equal information about this plan so that we would have
the same amount of time to digest the information and be ready to give a vote,
because, after all, this Commission is formed by five members, and not three,
even though it's law with three votes, five are sitting up here. I resent
that that 1s the case in the Mr. Lunetta Plan ...
Mr. Sanchez: Commissioner?
Vice Mayor Alonso: ... that is definitely tied with yours. As a matter of
fact, my understand is, Mr. Sanchez, that even though you don't have a vote in
this Commission, you knew three months ago about the Lunetta Plan, that this
Commission is supposed to take a vote. You told me you knew about the plan
three months ago.
Mr. Sanchez: They approached me a few months back, and I don't remember if it
was three months or four months ago.
Vice Mayor Alonso: Well, you mentioned something like December ... November,
December to me ...
Mr. Sanchez: Could be. Could be three or four months ago.
Vice Mayor Alonso: ... so that gives me more or less three or four months.
Mr. Sanchez: They said that they were aware of my nine million dollar
($9,000,000.00) appropriation and the fact that I was planning to have a race
track built here. They informed me that they were looking at this facility as
a possible Port extension. Would I be willing to supply them the information
of what I plan to do, to see if they could incorporate it into their plan. I
gave them ... we worked with the architects to make sure that we moved the
track to ... as to not to impact their plan or the City's Waterfront Master
Plan, and that's what we have tried to do here.
Commissioner Plummer: Mr. Mayor, I am glad Commissioner Alonso has brought up
the subjects that she did. I would like to, also, set the record clear. What
I had stated to this Commission in the previous meetings of working on a plan,
as all of you are very much aware, that I was designated, by this Commission,
to be the liaison with the Grand Prix which I have had the honor to serve each
and every year and two years before the first race, was this plan. This is
the plan that I spoke about at the Commission. For the record, I first became
aware that there was a so called Lunetta Plan on April the loth. It was
either the 9th or the loth. I had it the day after you did. OK. That's what
I first ... the day after I became aware was the day after that I saw ...
Commissioner Dawkins: Mr. Manager, you made him aware on the 9th.
21 April 30, 1992
Ii
•
Mr. Odio: No, I am sorry.
Commissioner Dawkins: Well, how did he become aware on the 9th?
Mr. Odio: I became aware of the ... I saw the plan ...
Commissioner Dawkins: Who made him aware on the 9th?
Mr. Odio: Not me.
Commissioner Plummer: Mr. Sanchez made me aware on the 9th.
Commissioner Dawkins: Well how did the Manager know that you didn't know on
the loth it was the 9th?
Commissioner Plummer: Because I ...
Mr. Odio: Because he told me.
Commissioner Plummer: ... had the plan the day after he did.
Commissioner Dawkins: OK. No problem. No problem.
Mayor Suarez: Somewhere between the 8th and loth of April.
Commissioner Plummer: OK. OK. All I am trying to say, Mr. Mayor ...
Mayor Suarez: ... the Commissioner became aware of the plan.
Commissioner Plummer: ... as I said to you before ...
Mayor Suarez: And that was one week before Mayor Clark, I believe, or a week
and a half before Mayor Clark scheduled a presentation, by Mr. Lunetta, to his
Commission, which I took the initiative, Madam Vice Mayor, of suggesting that
all of our Commission be invited so that we would not hear one day after the
County Commission, since it is land that the City of Miami manages. By the
way, at some point we are going to need to hear from our Waterfront Board,
which I see is represented here by at least two members, and by Ordinance we
need to hear from them before any steps are taken at the waterfront
properties. We don't necessarily have to follow their advise but we have to
listen to them, and I see that they're here. So I think, in all fairness,
whatever Mr. Lunetta had in his mind, devious, or otherwise, for many many
months, when this Commission became aware ... when the Mayor became aware and
the City Manager, which was the same day, we promptly, and in my particular
case, I promptly contacted the Mayor of Dade County to see when his Commission
was going to become aware and we scheduled a, first ever, joint presentation.
I think it was very very good timing, in that sense. Now, whether Mr. Lunetta
was conceptualizing all this for many many months before, I think we all had
some inkling of that, but I certainly didn't know about until the second week
in April.
Commissioner Plummer: Well, for one, Mr. Mayor, I want to tell you Mr.
Lunetta, and all others, knew that I was working with Mr. Sanchez on this
22 April 30, 1992
plan. I expressed my surprise at Mr. Lunetta, that he did not make me aware
of another plan existing, knowing that I was working on this, because one of
the requirements of the Metro Commission was that Mr. Sanchez had to come
before this Commission with a plan, and get it approved, and then take it back
to them. So I was a little upset that I was in the dark and did not know
about the other plan until ... whether it was April 9 or 10, which was less
than a month ago.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Yes. What I would like to state for the record, and I
think that if we need ... I think it's clearly understood and I would like the
Manager to hear because it's relates to him. In the future, immediately after
the Manager is informed of a major plan that affects land in the City of
Miami, each and every one of us should be informed about the situation. If
the Manager learned April 8th, then I believe that we should have been
informed of the situation so that it gives us the same opportunity, an ample
opportunity, to digest what are we going to do with land that belongs to the
citizens of Miami. Especially when we are talking about one of the most
valuable land in the State of Florida. Even if it is not equally important or
it does not have the same amount of value, I think ... and if it's not clearly
understood, and I don't think it has to be written, it's common sense, but if
it takes a resolution for this Commission so that in the future it's done, and
this I would like to ask Mr. Jones if it's ... he feels that in order to make
it an obligation for Mr. Odio and any other City Manager that we might have in
the future years to come, it should be clearly stated that the members of the
Commission should be aware of this plan, and we don't have to learn through
the pages of the Miami Herald. Heaven forbid if the Miami Herald was not
involved, at least I would not have been informed. I thank them for that and
I not often do I thank the Miami Herald, in private or in public.
Commissioner De Yurre: You know, Cesar, I thought you and I talked about this
back in February?
Mr. Jones: Certainly, certainly Vice ...
Mr. Odio: As a matter of fact ...
Mr. Jones: Excuse me Mr. Manager ...
Mayor Suarez: Yes. The question was posed to the City Attorney, Mr. City
Attorney.
Mr. Jones: Madam Vice Mayor, certainly if it the Commissions will that the
Manager be given such direction, certainly you can pass a resolution that
would make it obligatory on his or her part, as the case may be, to ... if you
know about it, yes.
Vice Mayor Alonso: Yes. Exactly. For example, if you have a formal meeting
with the ... we don't have a quorum, do we.
Mr. Odio: Just for the record, because the meeting was held in the Mayor's
office ...
23 April 30, 1992
Vice Mayor Alonso: May I finish?
Mr. Odio: OK.
Vice Mayor Alonso: On April 8th ... that's what I expect.
You don't have no knowledge, to let us know.
I don't expect if
Mr. Odio: On the meeting of April 8th, both the Mayor and I both mentioned to
Mr. Lunetta that it would be wise for him to visit each one of you
individually and make a presentation. It was his plan and not mine, so it was
up to him to do that.
Commissioner Plummer: Well let me just go on the record. Up to this date,
Mr. Lunetta, has not made an appointment with me and has not shown me his
plan. I saw it at the Metro Commission Meeting.
Vice Mayor Alonso: You see, that's why it's important.
Mayor Suarez: That's probably the reason because it was scheduled for a joint
presentation before both Commissions very quickly after his visit. He was
told, not just suggested, that it was necessary for him to go meet with every
single Commissioner as soon as possible.
Vice Mayor Alonso: He did not.
Mayor Suarez: It was scheduled then by the County Commission for April 23rd,
which is when I communicated with Mayor Clark and had our Commission invited.
All right folks.
Vice Mayor Alonso: Well, excuse me.
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: Would you prepare a resolution I would like ...
Mr. Jones: Yes. First I would need a directive from the Commission so that I
can prepare it.
Vice Mayor Alonso: OK. I will make a motion that we instruct the City
Attorney to prepare a resolution that directs the City Manager to inform this
Commission, every member of this Commission, of items that relate to City land
or projects that affect the City of Miami, as soon as he is informed or he
starts discussing any possibilities of any projects of this nature.
Mayor Suarez: So moved.
Commissioner Plummer: Mr. Mayor, to prepare it to look at it, I will second
it, of course.
Mayor Suarez: Second. Any discussion, if not, please call the roll.
Commissioner Plummer: The City Attorney doesn't have enough to do as it
stands now. He'll get outside counsel.
24 April 30, 1992
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-249
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE A
RESOLUTION DIRECTING THE CITY MANAGER TO INFORM EVERY
MEMBER OF THE CITY COMMISSION OF ITEMS RELATING TO
CITY LAND AND/OR CITY PROJECTS WHICH AFFECT THE CITY
AS SOON AS HE IS INFORMED OR STARTS DISCUSSING ANY
POSSIBILITY OF ANY SUCH PROJECT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: I don't think this is necessary.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Go ahead, proceed.
Mr. Sanchez: Thank you Mr. Mayor. What we have tried to do here is have as
little impact to the everyday operations of the park as possible. As you will
see by this plans, basically, the layout of the track is, basically, the same
as what we have right now, with the exception that we have moved the track
away from the water areas, that the City of Miami 1987 Waterfront Plan has
designated as future development for waterfront development, whether it's
shops, museums or whatever. So we try to accommodate that. The only three
areas of impact are here, basically, in the areas that you can see in red.
The first one is the main entrance. We felt that having a main entrance to
this park was crucial. Now, this is something that maybe does not impact the
Grand Prix in a very positive way, doesn't save us a lot of money but we felt
it was good for the community, it was good for the park.
Mayor Suarez: Why do you need a main entrance to the park? Why doesn't the
park have an entrance anywhere the people cross the street, unless it's got
the ...
Mr. Sanchez: Mr. Mayor.
Mayor Suarez: What Dan Paul taught me the word was one day which is coping, I
think, which is a low wall, for example, that you have in Bicentennial. Why
do you need a main entrance?
25 April 30, 1992
s
Mr. Sanchez: We felt that as you were driving north, if you noticed, the
Biscayne Boulevard the access of Biscayne Boulevard as you are driving north
falls right where the entrance is, so your eyes, as your driving north would
be on this area, right here. What we wanted to see there was a lot of royal
palm trees and a lot of flags. Something similar to what Bayside has as an
entrance, but we felt it was valuable enough that ...
Mayor Suarez: You have a plaza there, is what you've put there.
Mr. Sanchez: A plaza, exactly.
Mayor Suarez: Does it have a wall? Is it above grade or is that just an idea
of mine?
j Mr. Sanchez: It has a little bit of an incline so you basically walk over the
{ track without having to step on the track. It has a wall here which the
architects call a reflecting pond with a wall in the back which ...
Mayor Suarez: Does she have a ...
Mr. Sanchez: You can see it right here. Basically this is the artist's
concept. We're not married to that. This can be taken out.
Mayor Suarez: I believe you even said that that wasn't necessarily useful for
. .
Mr. Sanchez: We just felt it was a nice feature to include in the park. We
do not ... I mean if you would like to do away with it 100 percent we're
prepared to take it away.
Commissioner Plummer: What your saying is it doesn't benefit the Grand Prix
to have it.
Mayor Suarez: That's what I thought you said. Right.
Mr. Sanchez: The only benefit to the Grand Prix is, basically, you would have
a walkover that you would not have to put up, but we are we really ... we're
prepared to take it off, if you like. The second area of impact would be this
area right here on Biscayne Boulevard and that, basically, what we have
created there is a deceleration lane.
Mayor Suarez: A what?
Mr. Sanchez: A deceleration lane.
Commissioner Plummer: Deceleration lane.
Mr. Sanchez: So anyone coming in through the park can actually ...
Mayor Suarez: A deceleration lane. In other words an extra lane for
automobile traffic?
Mr. Sanchez: Yes. If you want to come in through there ...
26 April 30, 1992
f .
Commissioner Plummer: To slow down as well as to turn.
Mr. Sanchez: To slow down.
Vice Mayor Alonso: Slow down.
Mayor Suarez: A slow down lane, all right.
Mr. Sanchez: Correct. The third area would be these buildings right here.
Mayor Suarez: There are people who would like to decelerate this entire
concept, you know that. All right.
Mr. Sanchez: The third area is this area here, which are these buildings
here, which consist of museums underneath, concession areas, bathroom areas,
small office area, a plaza with a bridge connecting to Bayside. We felt that
by having this thing here you could have other than the Grand Prix benefit.
We wanted to have this area in between the tracks here be wide enough so you
could actually put a FIFA (Federation Internationale de Football Association)
sanctioned soccer field, and you could have soccer on a year-round basis,
either with Miami Dade Junior College or with ... FIFA has agreed to come in
and help us with a clinic for people who can't afford to pay for a clinic.
Mayor Suarez: What do you make of the argument, Ralph, that Bill Walker was
making, the attorney, that if you have the staging area for the Grand Prix
there - which I guess you have some of it, or maybe you don't - in that area
where you are now calling a soccer field, the grass will never grow.
Mr. Sanchez: It has, it has ... well remember we only use it twice a year.
After each Grand Prix, we would have to come back and resod if it needs it.
Mayor Suarez: And that can be a built-in commitment.
Mr. Sanchez: Yes.
Commissioner Plummer: Mr. Mayor, also, Ralph show him what I had an idea of
suggestion ... bring that bottom picture up here. Let me show you what I
suggested to him or at least for consideration. That rather than having the
soccer field in here, that he could flip it over and use this as a paddock
area over here where it is not necessarily ... this is off the waters edge.
So you could have a paddock area here and leaving all this green area for the
soccer ...
Mr. Sanchez: open. Yes.
Commissioner Plummer: ... without any problem. Putting hospitality tents or
concession areas in this area as we do over here.
Mr. Sanchez: And there would be less disruptive to the park.
Commissioner Plummer: Much less disruptive.
27 April 30, 1992
Mayor Suarez: How you stage the event is something that maybe not today but
with the Administration if the rest of it were approved you would have to
convince us that it makes sense ... in conjunction with all this
redevelopment. You were talking about, what looks to me like a building.
Mr. Sanchez: Yes.
Mayor Suarez: A building that kind of also hooks in to a pedestrian overpass
which, I think, everyone supports to have a pedestrian connector to Bayside
because, otherwise, people will never cut across that highway.
Mr. Sanchez: Exactly.
Mayor Suarez: That was really not, in a sense, not particularly well
conceived.
Mr. Sanchez: Yeah.
Mayor Suarez: They expect people to go under the overpass back there by the
bridge and, of course, nobody even knows how to get back there.
Mr. Sanchez: Yeah.
Mayor Suarez: All right, so, why do you have to have a building on the other
side?
Mr. Sanchez: These two buildings are basically the most important to us.
There buildings have been designed to house the grandstands in the roof area
.. .
Commissioner Plummer: For the back.
Mr. Sanchez: ... and underneath in the open space you would have room for two
large museums. The Sports Council has already talked to us about having the
Hall of Fame Museum in there. We have another building which is entirely
available, right now, for another museum. Say that they don't have the funds
to build their own building, we would be willing to work with the City ...
Mayor Suarez: The Hall of Fame of racing?
Mr. Sanchez: No. The Hall of Fame ... the Sports Hall of Fame that the
Chamber created. I don't know if you remember that. It's the Sports Council.
Commissioner Plummer: It's all part of the State of Florida the Florida ...
Mayor Suarez: Our Chamber.
Mr. Sanchez: Right.
Mayor Suarez: OK. I going to get ... Commissioner I just want to finish one
question.
Commissioner Dawkins: Go ahead, Mr. Mayor.
28 April 30, 1992
Mayor Suarez: Are you seriously telling us - 1 mean this is not tZ subterfuge
for something else - that you really want to put a museum there. Is that what
your really telling us?
Mr. Sanchez: Yes.
Mayor Suarez: Or is that a secondary use for something that you need for
storage or God knows what.
Mr. Sanchez: No. We need the grandstands. we need to reduce tine co5z Lu tine
Grand Prix.
Mayor Suarez: OK. I know about the stands now. What you need is grandstands
and underneath grandstands it works out well to use triangular space ...
Mr. Sanchez: Yes.
Mayor Suarez: ... for something or other. Maybe we decide what we want to
put there.
Mr. Sanchez: Sure.
Mayor Suarez: Who knows, maybe we'll put the Administration Building or
something underneath there.
Mr. Sanchez: Sure. Sure.
Mayor Suarez: But what do you need? You need ... you are saying that you
need the grandstand, or are you saying that you need ...
Mr. Sanchez: ... and bathrooms.
Mayor Suarez: ... a museum underneath there.
Mr. Sanchez: Bathrooms and concessions.
Mayor Suarez: Bathrooms.
Mr. Sanchez: And concessions.
Mayor Suarez: What kind of concessions are you talking about?
Mr. Sanchez: Hot dogs, T-Shirts, et cetera, et cetera.
Mayor Suarez: OK. Commissioner Dawkins.
Commissioner Dawkins: OK. Picking up on where the Mayor just left off. Who
will own these concessions?
Mr. Sanchez: That is up for discussion. Right now the Grand Prix controls
the concessions ...
Commissioner Plummer: I'm sorry, excuse me, what was your question?
29 April 30, 1992
Mr. Sanchez: ... only during a race weekend.
Commissioner Dawkins: My question is who will own the concessions that are
placed on the City of Miami's property? That's my problem, I mean, my
question.
Mr. Sanchez: That is something that we can discuss, certainly. That has not
been cast in stone. We only operate our concessions during the seven days
prior to the event, and the seven days after the event and obviously during
the Grand Prix weekends.
Commissioner Dawkins: But if you are going to sell hot dogs and beer after
the seven days, OK, like you say.
Mr. Sanchez: That is up to this Commission.
Mayor Suarez: All right, that's a clarification that was worth making ...
Commissioner ... Vice Mayor Alonso wanted to ...
Vice Mayor Alonso: I would like to remind that we have something in the books
called the "Carollo Waterfront Amendment." How will it affect, giving this
concessions to private individuals, and we are even entertaining a discussion.
This is illegal. We can not even go into this topic. It's supposed to go to
the voters. If we don't have three people that be... So I wouldn't think
that it's even appropriate for us to entertain ... who or Mr. Ralph saying I
am going to put the concession. Let's not even go into that subject. That's
very illegal.
Mayor Suarez: All right. let's ...
Vice Mayor Alonso: And I think that when we go into something that we don't
realize we are going, the City Attorney should remind us that we are crossing
a line that we should not. And we should always make very clear in the record
because it's going to look very ugly if we don't always clarify, we have
intentions of placing these for bids and if we don't have three, we definitely
will take it to the voters, and all of this.
Mayor Suarez: Wait, wait, wait. This calls for a statement from the City
Attorney. Mr. City Attorney?
Mr. Jones: Yes, Mr. Mayor.
l Mayor Suarez: If the entire plan, or if any component of the plan, require us
to take this to the voters for approval under the amendment which the Vice
Mayor referred to as the "Carollo Amendment," frankly, I would just as soon
eliminate the first of those two words, and just refer to it as the
"Waterfront Amendment" ...
Vice Mayor Alonso: Well, it has always been called ...
Mr. Manuel Gonzalez-Goenaga: The Mas Canosa amendment.
Mayor Suarez: Mr. Gonzalez-Goenaga, you are not a member of this Commission.
30 April 30, 1992
j Commissioner Dawkins: Nor a member of the City of Miami. -
_� Mayor Suarez: As Commissioner Dawkins reminds us, you are not even a citizen _
{ of the City of Miami, so please refrain, sir, from incerting your favorite
names or otherwise into our discussions. -
Ii -
Mr. Gonzalez-Goenaga: It is not mine. It is yours.
Mayor Suarez: Sirl This gentleman is out of order so much I really really
think that if he does 1t one more time today he should be removed from the
(' chambers. Do you understand that, sir? Write it down if it helps you.
Mr. Gonzalez-Goenaga: No, no.
Mayor Suarez: Sir, just listen for a change. All right, Mr. City Attorney.
Mr. Jones: Mr. Mayor, certainly, I guess you really asked a big question. I
think Madam Vice Mayor was limiting, and correct me if I am wrong Vice Mayor,
you are limiting your discussion to concessions. In the context of this
discussion ...
Mayor Suarez: Not just concessions, Quinn, also a building. A building to
house concessions.
Mr. Jones: OK. In the context ... sure I'll address that. In the context of
the presentation before you, certainly, I think the first thing that you have
to understand is the nature of the agreement between Mr. Sanchez and the City
that exists thus far. Mr. Sanchez, of Miami Motorsports, was granted a
license to operate this Grand Prix race at this particular site by the City
some years ago. Of course we have made a determination that, in fact, this is
doable, it can be done, it is a license agreement, which does not really
contravene the provisions of 29B, at least in our opinion it does not
contravene the provisions of 29B, which makes reference to going to a
referendum and, of course, 3F which deals with the waterfront issue. However,
the only caveat that I do issue to you, and you must be aware of, is the fact
that, yes, it is subject to challenge. Yes, like everything else, it is
subject to varying interpretations, and you should be aware that if the
Commission is predisposed to accept this particular plan, that it does come
along...accepting it, it does come along with the potential for litigation.
That's the best I can tell you.
Commissioner Plummer: That's always the case.
Vice Mayor Alonso: May I ask another question in reference to this, because
we gave Mr. Sanchez a license to operate the Grand Prix. We also gave him the
right to build concessions and overruling any other thing that we have on the
books?
Mr. Jones: Commissioner what you ... the agreement ... the license agreement
that we have, and keep in mind that there was an option, there are two options
under that particular license agreement. The Commission back in 1990, by
resolution, agreed to extend or give Miami Motorsports an additional three to
five years, so what your basically talking about is modifying the license
agreement to essentially accommodate the plan that he's presenting to you.
That's what your talking about doing.
31 April 30, 1992
f
Vice Mayor Alonso: So to make it in very plain language, you are telling me
that he has the right to build and we approve this and he can put whatever
concessions he wants? Yes or no.
Mr. Jones: The concessions is a different issue. I am not sure that the
present license agreement deals with ... it doesn't even address the issue of
concessions. So that's a different story altogether.
Vice Mayor Alonso: So we will have to follow any rules and regulations that
we have that apply to this land. Is that so?
Mr. Jones: The agreement does ... the agreement, as I understand, the license
agreement does address the fact of concessions in so far as what he can sell
and not sell. However it does not address anything relative to the building
that he is proposing.
Vice Mayor Alonso: So the answer is no.
Mr. Jones: The answer is no.
Vice Mayor Alonso: OK. Fine because I want to be clear because I believe
that probably the agreement was for him to be able to use at the time of the
Grand Prix, but since we are talking about permanent construction and
concessions, I think that that's a different story.
Commissioner Plummer: Let me ask you this questions. Are you talking about
.. .
Mayor Suarez: Commissioner ... wait wait.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor, may I finish my line of
questioning, please.
Mayor Suarez: Commissioner Dawkins please.
Commissioner Dawkins: I would like to ask these questions. I am going to ask
them all at once. So if you and I get interrupted we'll be through with it.
I'll ask the questions and then you answer them for me. Number one, who will
own the concessions? Number one. Number two, who owns the property that you
are running the race on now, ...
Mr. Sanchez: City of Miami.
Commissioner Dawkins: ... and if in any way you will own this land once you
put your nine million dollars ($9,000,000.00) into it? Third question 1s, is
the nine million dollars ($9,000,000.00) you are going to get the total cost
for what I see here, if it is not, where will the rest of the money come from,
and does the lease that you have now permit you to go and do all this?
Mr. Sanchez: Can we start with the concessions? It is up to this Commission
to decide who will operate those concessions. Our lease only ... not lease or
license only gives us the right to operate seven days prior and seven days
after the Grand Prix and on the Grand Prix weekends.
32 April 30, 1992
I
Commissioner Dawkins: OK. So let me cut you off right there. So therefore
you do not need a permanent facility. You could put up tents for this seven
day operation. You do not need a permanent facility.
Mr. Sanchez: That's what we're doing right now. The second question was, I
am sorry, sir.
Commissioner Dawkins: The second question was, the City owns the park now.
Mr. Sanchez: And it will continue to own the park.
Commissioner Dawkins: So, therefore, your lease is only for the nine days
before and the nine days after the Grand Prix?
Mr. Sanchez: Seven.
Commissioner Dawkins: Seven days before.
Mr. Sanchez: And we have time for setup and take down in front of it.
Commissioner Dawkins: All right. I'll just go a step further. Your lease is
for fifteen days before the Grand Prix and fifteen days after the Grand Prix,
which is one month. Who has the ownership of the park ... that facility ...
that space what ...
Mr. Sanchez: The City of Miami.
Commissioner Dawkins: Who maintains it for that length of time? The City of
Miami?
Mr. Sanchez: It would have to be the City of Miami, yes.
Commissioner Dawkins: And so, therefore, anything that would happen to it
would be the City of Miami. Right?
Commissioner Plummer: Um, Um.
Commissioner Dawkins: Right? Anybody got hurt or handle anything that ...
Commissioner Plummer: No, no.
Mr. Sanchez: No. No. No.
Commissioner Dawkins: Yet for the eleven months when you are not there, sir,
yeah, oh yeah ...
Commissioner Plummer: Oh yeah, yeah.
Mr. Sanchez: When we're not there, absolutely. We provide an insurance
policy, an indemnification to the City ...
Mayor Suarez: During the staging of the event. We know that.
33 April 30, 1992
Commissioner Dawkins: OK. We do ... CK. Now.
Commissioner Plummer: Well, but also, Mr. Mayor, we video ...
Commissioner Dawkins: I asked that I not be interrupted ...
Commissioner Plummer: Sorry.
Commissioner Dawkins:...unt11 I finish my line of questioning, please.
Mr. Sanchez: Yeah. Your last question was the nine million dollars
($9,000,000.00).
Commissioner Dawkins: Yes.
Mr. Sanchez: We anticipate that we can build this for nine million dollars
($9,000,000.00). Obviously, this is a very very preliminary plan. If when we
went into the working drawings, the bids came back higher than the nine
million dollars ($9,000,000.00), the only answer to that would be to cut back
and try to do something less than what we are doing.
Commissioner Dawkins: OK. That slip that you have coming in there with that
big ship in it.
Mr. Sanchez: Yes.
Commissioner Dawkins: OK. We have ...
Mr. Sanchez: Navy ship.
Commissioner Dawkins: ... we have bulkhead on the north side of it.
Mr. Sanchez: Yes.
-`r Commissioner Dawkins: There's no bulkhead on the south side.
Mr. Sanchez:
There's
no bulkhead ... right.
Commissioner
Dawkins:
There's no bulkhead on the west side of it. Right
there.
Mr. Sanchez:
Right.
Your correct.
Commissioner
Dawkins:
There's no bulkhead there.
Mr. Sanchez:
Your correct. Right.
Commissioner
Dawkins:
OK. So, therefore, your going to dredge this out, put
bulkhead in,
all with
nine million dollars ($9,000,000.00)?
Mr. Sanchez:
No. The plan right now only calls for filling in a portion of
the slip. We are not
anticipating bulkheading this whole thing. I understand
that the total cost of the Bicentennial ...
34 April 30, 1992
Commissioner Dawkins: The who? The who?
Mr. Sanchez: The total cost of putting the bulkhead on the Bicentennial, the
slip and the FEC property is about twenty, twenty, thirty million dollars.
We're not, we're not budgeting that.
Commissioner Plummer: But, that's a different type of bulkhead.
Mr. Sanchez: Thirty-eight million.
Commissioner Dawkins: Thirty-eight million? OK. So, therefore, we're
talking of nine plus thirty-eight is fifty-seven ...
Mr. Sanchez: Forty-seven.
Commissioner Dawkins: ... forty-seven, we're talking about a fifty million
dollar ($50,000,000.00) project here with nine million dollars
($9,000,000.00).
Mr. Sanchez: If your going to do the bulkheading, absolutely.
Commissioner Dawkins: OK. No, no well then ... all right let me rephrase it
then. Are you going to do the project without the bulkhead?
Mr. Sanchez: Yes.
Commissioner Dawkins: All right. Then how are you going to assure that that
part of the runway, roadway, raceway ...
Mr. Sanchez: Ah, - ha ...
Commissioner Dawkins: ... that's this side of the water ...
Mr. Sanchez: Yes.
Commissioner Dawkins: How are you going to assure me that it will not erode
in from the tide coming in and washing out ...
Mr. Sanchez: That is the only ...
Commissioner Dawkins:...and with the hurricane ...
Mr. Sanchez: That is the only area of the entire property that we are looking
to bulkhead. I don't have the costs right now, but yes, as part of the master
plan made in 1987, master plan it included filling in. That is the City's
desire to fill that. That, you know, we would accommodate what the City wants
on that.
Commissioner Dawkins:
words in your mouth ...
Mr. Sanchez: Yes.
So are you telling me, because I don't want to put
35 April 30, 1992
Commissioner Dawkins: ... that the City of Miami has promised you that it
will come up with thirty-eight million dollars ($38,000,000.00) ...
Mr. Sanchez: No. No.
Commissioner Dawkins: ... to put in the bulkhead.
Mr. Sanchez: No. No.
Commissioner Dawkins: Then where the hell is it coming from?
Mr. Sanchez: No.
Commissioner Dawkins: No, no, no, no wait a minute. Wait a minute. I don't
know... Lucia, let me talk with the man that I've got to deal with daily, who
we've been dealing with for nine and ten years ...
Mr. Sanchez: Commissioner.
7+ Commissioner Dawkins: ... who we will not lie to each other. OK.
i
ij
Mr. Sanchez: All right. Commissioner.
Commissioner Dawkins: Yes, sir.
Mr. Sanchez: Right now, this navy ship that you see painted on there, or
drawn on there is basically the same spot that the navy ships use on a daily
basis.
Commissioner Dawkins: All right.
Mr. Sanchez: We ...
Commissioner Dawkins: That we already have cleared for those big ships. OK,
gA ahead.
Mr. Sanchez: All right. Now, I am not an engineer, but if we can put navy
ships there we can continue to do that in my estimation. I am not addressing
{ bulkhead at all with the exception of this maybe one hundred, or one hundred
and fifty feet in this ... on the west side of the slip. That is the only area
that we're even considering bulkheading.
Commissioner Dawkins: All right. And the lease that you have with us now,
...
Mr. Sanchez: License.
Commissioner Dawkins: Beg your pardon?
Mr. Sanchez: The license that we have.
Commissioner Dawkins: Expires when?
At
.a
It's a license agreement.
36 April 30, 1992
Mr. Sanchez: The current term is to 1997 and then we have an option that was
approved ...
Commissioner Dawkins: No.
Mr. Sanchez: ... by the City Commission in 1990 for three to five years.
Commissioner Dawkins: OK. So it's automatic or does ...
Mr. Sanchez: It's mutual consent.
Commissioner Dawkins: Beg your pardon?
Mr. Sanchez: Mutual consent.
Commissioner Dawkins: Now, and your license permits you to do this.
Mr. Sanchez: No. We're here, right now, to seek permission, in principle.
Commissioner Dawkins: No further questions, Mr. Mayor.
Mayor Suarez: All right.
Commissioner Plummer: Let me if I may ...
Mayor Suarez: Commissioner Dawkins and I think Vice Mayor Alonso.
Commissioner Plummer: ... just for the edification of my colleague I want to
tell him, Mr. Dawkins, that every year prior to the race before prior to
starting to set up we video the entire park. That is played back afterwards
and the Grand Prix is responsible for any damage incurred during the time that
they are there.
Commissioner Dawkins: That is answer to what question did I ask?
Commissioner Plummer: You asked if there was any damage or liability.
Commissioner Dawkins: No I did not. I did not. I asked who's liable for
anybody who gets hurt.
Commissioner Plummer: OK. You also asked about maintenance.
Commissioner Dawkins: Maintenance.
Commissioner Plummer: OK. The other thing, Mr. Mayor, that ...
Commissioner Dawkins:. Maintenance of the park after the Grand Prix. I did
not ask for any maintenance of the park during the Grand Prix Commissioner.
Mayor Suarez: He excluded the thirty days roughly or whatever it is that
takes to set it up and to run the Grand Prix.
Commissioner Plummer: One of the other questions that was asked, I don't want
to be overlooked because I think it is a very, very, important segment of this
overall plan, Mr. Mayor.
4t 37 April 30, 1992
+JjjA
lY
Mayor Suarez: Yes.
Commissioner Plummer: That is that there is an additional 1.7 million. Jack
Luft, where are you? Burle-Marx.
Mr. Odio: That is the first the engineering part of it.
Commissioner Plummer: OK. Mr. Mayor the point I am trying to make is outside
of the nine million dollars ($9,000,000.00), of which is granted by the
County. The Burle-Marx is 1.7 which has already been approved and the money
is ...
Mayor Suarez: It's designed and, unfortunately, not for actual bricks and
mortar, it's so far for design and planning, yeah.
Commissioner Plummer: Al right. My understanding is that that is going to
straighten out that curve in Biscayne Boulevard that exists there today. It
would then create three lanes northbound and four lanes southbound. Now one
of the problems, and one of the complaints that we get every Grand Prix race,
is the problem of traffic. It is felt by everyone concerned that if this
Burle-Marx plan, and Ralph Sanchez's plans, do go together, that they could
close only the northbound lanes for the race, and leaving open the west side
for two lanes north and two lanes south which would accommodate the traffic,
and avoid the problem that has been created every year as far as traffic.
Mayor Suarez: Is that why the young lady over there smiling representing
Bayside, I guess they're concerned about that.
Commissioner Plummer: That correct, Mr. Mayor. But I think it's a very
important segment.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: I have a concern that I want to put on the record
right now. We're talking about nine million dollar ($9,000,000.00) investment
at this point and time. And at the same time we're only looking at, possibly,
only five more years use under the license agreement that we have. Is that
going to be an issue down the road? Do we need, at some point and time,
before this is finally approved, to get a commitment, maybe, advance whatever,
what should have happened, what would happen in 196. Do we need to make a
commitment about extending that license at this point and time, or in the very
near future up to the additional five years that are being proposed?
Mayor Suarez: What is your request, proposal, suggestion, concept whatever as
to the number of years commitment that you are looking for. Let me, before
hearing your answer, suggest to you that in another case where we deviated
from a long term tool that ... I remember Commissioner Plummer at one time
suggesting of a revokable use permit for a capital improvement in one of our
City parks. We do that only, Dan, just in case you are wondering, we do that
only for very public type projects. Senior Centers and such that are not
really intrusive into parks and quite compatible, I suppose. In any event, we
38
April 30, 1992
deviated from that in one case where the State said for Better Way, Inc., I
'1 believe it was, we will not give you the capital funding to build the facility
on the City land unless you commit to a ten year lease, and somehow if the
State, which also passed a law that allows you to benefit presumably, if all
this were approved, to the tune of nine million dollars ($9,000,000.00),
benefit us and benefit yourselves. If the State is satisfied with a ten year
period of time for such capital improvements you would think that that would
be sufficient, in this case, by way of a commitment from the City to allow
C' the expenditure of this money on this park. Keeping 1n mind, as it has been
said today, this is not Grand Prix money. In a sense, it's not even
a; professional sports money, although the law reads that way, because the money
hasn't even been spent. It's derived from a bed tax on tourists and locals
who use our hotels. It's money that belongs to the citizens and we could
simply say let's have a minor modification in the State law. We just simply
won't improve our parks with that money. So, having said all that let me see
what you are asking for by way of a commitment as asked by Commissioner De
!, Yurre.
Mrs. Dougherty: We have met with your City Attorney and your City Manager and
worked out some language to have a resolution we would like to see adopted,
i and that is, number one you approved the plan in principle, and authorized the
!� City Manager to go forward with us and enter ... actually negotiate an inter -
local agreement with the County for this expenditure.
Mayor Suarez: You are so far avoiding the answer.
Mrs. Dougherty: I am going to answer it. Secondly that no additional funds
would be allocated by the City of Miami. Thirdly, that you authorize him to
execute an amendment to our existing license agreement to extend it for ten
years beyond the final construction of this plan. In other words, but not to
exceed ten years from 1997, which is when our initial contract is expired. So
we're asking for a ten year extension from the final construction.
Commissioner De Yurre: Do we have any projection as to when this is going to
get started and completed?
Mrs. Dougherty: We hope to start it within a year, however, this resolution
provides, according to your City Manager, that in no case ... in all cases it
must ... the construction of the track must commence by 1995, and must be
concluded by 1997. So potentially it could start ten years from one year from
now, or at the very least, or at the very end it could be ten years from 1997.
That's the outside date.
Commissioner De Yurre: And it takes what - do you figure - two years to build
out?
Mrs. Dougherty:
Yes. Total of
build out would be
two years. We could have
the track done
in one year, I
think. The other
conditions that the City
Attorney and the
City Manager wanted is that they wanted this amended license
agreement to be
further subject
to the approval
of the negotiated license
agreement coming
back to the City
Commission for your approval.
Mayor Suarez: Wait, wait, wait,
wait. Did I hear
you say we could have the
track done in one
year? Does that
imply that all
of these nice landscaping,
39
April 30, 1992
Li
plazas and all the other things that everyone in Miami needs to see there
would be secondary to fixing up the track? Because if so, you lost me. I
mean the landscaping and the improvements and the plazas and all of that is
more important to 90 percent of Miami than the Grand Prix race.
Mr. Sanchez: I agree with you. But the reality is that if you are going to
be building any type of building, whether it's a residential house or a
shopping center, you have concrete trucks coming, you have workers parking all
over the place, and you will have certain disruption. We are prepared to
schedule the work with the City Manager and put... or with the Commission, and
put priorities on areas of less impact. It does not mean the landscaping is
last or first.
Mayor Suarez: Well, you know, so far we haven't approved any building we've
talked about ...
Commissioner Plummer: You don't want to put in landscaping and then do
construction. No.
Mayor Suarez: ... the track, we've talked about plazas, we've talked about
landscaping and you've mentioned one entrance which, to me, looks like a
building. That's why I am not supporting it. And another concession building
with stands on top - and that's what you meant just now when you were
referring to the kinds of things that you bring in trucks for, and all that?
That's over by, you know, the southernmost portion there. I would think that
would almost affect in no way the rest of this rather attractive rendering of
a park - green space, trees and grass.
Vice Mayor Alonso: Excuse me, Mr. Mayor.
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: You mentioned building. Were you referring at the
entrance, right?
Mayor Suarez: Yeah. I kind of don't like that building because, the one at
the entrance, and then, of course, we have the other one which we might as
well call a concession building.
Vice Mayor Alonso: I see.
Mr. Sanchez: We would be happy to work with the City Commission and with the
City Manager in scheduling which areas of construction should go first, and we
have no problems with that.
Mayor Suarez: Anything you want to tell us further and then we go back to
inquiry from the Commission?
Mrs. Dougherty: We have a resolution adopted by the Bayside Merchants'
Association approving our concept and our plan. We have a resolution from the
Downtown Development Authority and we have Tim Gaffney, who's from the
Bayfront Park Committee and the executive committee of the Chamber of Commerce
who would like to present this Chamber's resolution.
40 April 30, 1992
Mayor Suarez: Let me suggest this, Tim. We've not heard from our own
Waterfront Board on this plan, and we're very interested in what the Chamber
of Commerce thinks, what the Bayside employees think, what the Bayside owners
think, but before we deviate from our established procedures today, why don't
you just introduce that into the record, and not give any presentation from
your committee. Because we really do want to respect our procedures to hear
first from our Waterfront Board.
Mrs. Dougherty: I want to tell you that we are scheduled to appear before
them on May 12th.
Mayor Suarez: Why don't...
Commissioner Plummer: Is that the Miami Chamber of Commerce...
Mr. Tim Gaffney: Greater Miami.
Commissioner Plummer: ... the one that does all the talking and no money.
They never come up and take credit for that that's good and get lost when it's
something doesn't go right. That's that Chamber of Commerce, is it Downtown?
Mr. Gaffney: The last time I appeared before you, you agreed - I was working
on the Challenger memorial - and you said that was the first time ever in all
the years that the Greater of Miami Chamber did something.
Commissioner Plummer: Did you come up with any money for that?
Mr. Gaffney: We're about $7,000 away from finishing it.
Commissioner Plummer: Ah-ha, OK. I thought the Hispanic Builders was doing
i it.
Mr. Gaffney: In conjunction with the Chamber and the ODA.
Commissioner Plummer: Ah, OK.
Mayor Suarez: All right. They have introduced Tim into the record, the
resolution of the committee? Vice Mayor Alonso.
Vice Mayor Alonso: Yes. I have a question, Lucia. You made reference to a
resolution and you said you had been working with the City Manager. Can we
get a copy of that because we only got this in our package?
Mrs. Dougherty: Yes, I'd be happy to give you a copy. I think I gave one to
him. We worked on it last night. That's the reason you didn't get a copy.
Vice Mayor Alonso: OK, if you can get us copies.
Commissioner Dawkins: Mr. Mayor, may I make a statement?
Mayor Suarez: Commissioner Dawkins.
41
April 30, 1992
Commissioner Dawkins: The overall concept of what Commissioner Plummer
referred to as the Mr. Lunetta's plan, I'm a little concerned that nobody knew
about it, but then again, you have to realize that Carmen Lunetta is an entity
of his own, and these ideas come up and he works on them, and when he
completes them, he presents them. But, that's why I asked about the bulkhead.
If this Commission would see fit to follow the Lunetta's plan, I'm in complete
accord in that it's something that's needed, and Mr. Lunetta has said it will
pay for itself. He's also said that you can get federal money for it so, in
my opinion, there's no reason to give City of Miami land to the County for the
County to make revenue off of which the City of Miami could make. So some
kind of a way, I'm going to meet with Mr. Lunetta sometime next week and we're
going to talk 1n terms of we building it with the money produced for the
revenue. We own it, and we don't have any problems with him managing it,
since he's an expert at managing waterfront. But I also think, Mr. Mayor,
that we have to deal with the public's impression out there that we hoodwinked
the public into providing a bond issue with which to buy this money to have a
park area, so Mr. Lunetta and the City of Miami and the County is going to
have to sit down and structure whatever the City of Miami builds. I want that
to be clearly understood, that the only way I am going to vote for the
Lunetta's plan, me - but, see, they already said they got three votes, so my
vote doesn't matter - but the only way I will even vote no on it is that the
City of Miami be the entity that owns this facility, which will produce
revenue which thirty years from today could be used to offset the cost of
providing services to the citizens of Miami.
Commissioner Plummer: Sure, we can.
Mayor Suarez: Ralph, I have a couple of... Oh, Vice Mayor.
Vice Mayor Alonso: I have a couple of questions I can ask when you're
finished.
Mayor Suarez: Go ahead, go ahead, please.
Vice Mayor Alonso: OK. Two quick questions. Again, I'd like to be clear, we
will own this project.
Mr. Sanchez: Absolutely.
Vice Mayor Alonso: Is that right?
Mr. Sanchez: Absolutely.
Vice Mayor Alonso: Because I don't want to be concerned later on with having
to buy you out at a later time because we want to do something differently,
and it would be costly to Miami, so it is very clear that we own...
Mr. Sanchez: The improvements.
Vice Mayor Alonso: ... whatever, the improvements.
Mr. Sanchez: The improvements. Yes, absolutely.
42 April 30, 1992
11
ON
Vice Mayor Alonso: OK, fine. And the second question is to Jack Luft. Jack,
how much money was approved - would you come to the mike, please? Jack, how
much money was approved for the design and plan of the Burle-Marx project?
Mr. Jack Luft: One point seven million dollars.
Vice Mayor Alonso: For this area.
Mr. Luft: For the construction drawings and the bid documents.
Vice Mayor Alonso: For this area.
Mr. Luft: For that area. For the entire boulevard, including that area.
Vice Mayor Alonso: Yes. And before we go into other things, one question
that I think is important for the record today and later. You have been the
planner. In the master plan you have all of this area and you have a very
similar drawing to what we see today, plus other things added to that to
beautify that park. It is your professional opinion that Miami could build
this project rather than donating the land to the County?
Mr. Luft: You mean the port project?
Vice Mayor Alonso: Yes.
Commissioner Plummer: You're talking about Lunetta.
Vice Mayor Alonso: I'm talking about Mr. Lunetta plan, basically the plan you
had that Mr. Lunetta is using very much the same concept. Isn't that right?
Mr. Luft: If Mr. Lunetta's contention is correct - and we have not seen his
feasibility study - that home porting operations there which have been done
privately elsewhere in this country, can be built and bonded through the
revenues. Yes, the City could do it. I do believe, though, that the port
operations will be integrally tied to the operation of the Port of Miami.
Vice Mayor Alonso: That's another story.
Mr. Luft: And management is a whole other issue.
Vice Mayor Alonso: There are many experts in the matter, I believe. Thank
you.
Mayor Suarez: Yes, that's a good idea to have you there at the mike.
Commissioner De Yurre: Mr. Luft, Mr. Luft, let's clear the air here a little
bit. You're saying that the City of Miami can build it. Is that what you're
saying?
Mr. Luft: If the revenue stream is there...
Commissioner De Yurre: Where is the revenue?
Mr. Luft: ... to construct it from...
43 April 30, 1992
i
�j
Commissioner De Yurre: Well, where is the money?
Mr. Luft: From the wharfage fees, from the port fees, from the provisioning
fees, from a head tax on passengers. The same way Carmen would build it.
Once he gets commitments from cruise lines to operate out of the facility, and
he has a long term commitment to home port those vessels, then he can project
the revenue stream that would come out of them, and against that revenue
stream and those home porting obligations, he can bond against those revenues.
Commissioner De Yurre: He can bond - can you bond? - or, as you're saying,
well, let me ask the City Attorney. Revenue bonds, which is what you're
talking about right now.
Mr. Luft: That's correct.
Commissioner De Yurre: Do you need a track record of revenue before you can
go out and bond out that revenue?
Mr. Jones: Yes, absolutely.
Commissioner De Yurre: OK, so without any prior record, the only way you
could ever bond out - and they're looking at about eighty million dollars, I
believe is going to the taxpayers to approve. An eighty million dollar bond
issue, would that be the only avenue available?
Commissioner Plummer: Closer to a hundred.
Commissioner De Yurre: Or a hundred.
Mr. Jones: That's the only avenue that comes to mind at this point unless you
had another revenue source.
Commissioner De Yurre: No, I'm just trying to deal with realistic concepts.
Commissioner Dawkins: By the same token, somebody, anybody, what makes it
difficult for the City of Miami to use the same procedure that the County
would use, and I already stated that we would be in partnership with Lunetta,
with his management skills, and what -have -you. So what makes it easy for
Lunetta and the County to pledge the same revenue that we would pledge, to do
itifwe can't do it? Somebody over there explain that to me.
Mr. Jones: The point of the matter is the County has the money already.
Commissioner Dawkins: They do not have the money already.
Mr. Jones: OK.
Commissioner Dawkins: Mr. Lunetta said he does not have the money.
Mr. Jones: OK. But that was my understanding.
Commissioner Dawkins: No, sir.
44 April 30, 1992
LJ
Vice Mayor Alonso: No, he said that he did not have the money.
Commissioner Dawkins: He said that he would use the revenue from the port in
order to build the facility, and that's in the article. Now, if that's a lie,
you have to see these gentlemen over here.
Commissioner De Yurre: I think what is important at this point in time is
that this Commission will do what's in the best interests of the City as far
as the revenues that are going to be received. And if somehow we can make
more money comparing to the expense that will be incurred in running this
thing ourselves, as opposed to what we could just take right off the top from
leasing or working out an arrangement with the government, that's something we
will decide when it's presented before us. I think we have to, right now,
start looking at the options. What is available? How are we going to go
about it? But understanding that the overall picture of putting a port there,
or extending the port, is something that is viable and is needed in this
community. How we cut the pie 1s something that will be negotiated as we go
on down the line. And, Mr. Mayor, let me say at this point in time that I
would like to be the liaison, you know, of the City and the County in working
out a lot of these negotiations. I would like very much to be involved
representing this Commission in carrying our message to the County.
Mayor Suarez: I would like that. Let me say this. An idea has been broached
here that's quite interesting. Let's assume that we were to go ahead and deal
with the Port of Miami as an authority and with Metropolitan Dade County in
negotiations that we are talking about, and let's assume that we were to
approve the use of the park for the kinds of facilities they are talking
about, including yours - and I've got a couple more questions on yours, Ralph,
before I'm ready to even give a conceptual approval to it. What says, as has
been suggested here, what says that we cannot negotiate a situation where the
City of Miami is, in fact, the entity that has ultimate authority and - it's
kind of a pride of authorship situation, but I am somewhat at a loss to see
the role of Metropolitan Dade County, as much as I believe my esteemed
colleagues otherwise have important governmental powers that overlap ours to
some extent. What says we could not reach an independent agreement with the
Port of Miami? And I would like to explore that. I think that idea is quite
interesting. If we are going to permit cruise ships to come into the
mainland, that possibly we have a totally separate set of negotiations with
the Port of Miami. It is our land. They're an authority which typically
comes under the County, but maybe only in its operation and maybe not as to
the use of this particular facility, and therefore, there would be a more
clear sort of pride of authorship in all of this. And, of course, the other
things that have been mentioned by the Commissioners as to the split of
revenues, both before the end of the term and after end of the term - as
Commissioner Dawkins has mentioned, that he's concerned after the end of the
term - but even during the term of the use of the facility, in all of this
clarifying that the ultimate authority - operating, managing and overseeing
the use of these parks for whatever, just like we do now for the visiting
ships - is, in fact, the City of Miami and not anyone else. And, again, no
derogation to Metropolitan Dade County, but their involvement, unless they
did, in fact, have some major capital monies available that they were going to
turn over, which I have not heard that, and it was really not part of the
presentation, as has been pointed out. Basically, they are looking to issue
revenue bonds. We've done revenue bonds in the past and I have a feeling that
45 April 30, 1992
that could be done independently, and I think you ought to explore that and
report back to this Commission. Ralph, back to the concession building, I
think, and at some point I would like the Commission to also give, if we
approve your concept, to give our response to this building that you call the
entrance to the parks. I think that the entrance to parks is, basically, any
way people choose to enter them and I don't know that we need this entrance,
although a plaza might be nice. Back to the concession building. The Port of
Miami plan envisions having some sort of structure along the inlet on the
south side and on the north side of it, and that also has been touted as being
somehow related to your need for grandstands. You know what I'm talking
about.
Mr. Sanchez: Yes, Mr. Mayor. Those buildings are basically open space
underneath. They are the Customs buildings. Those are secure buildings so
that when the passengers come, you know, unload from the ships, they can go
through U.S. Customs. What we have asked is that they stepped, or terraced
the roofs, so that during the Grand Prix, we can utilize that for seating.
Mayor Suarez: All right. To what extent are those nice little terraced
buildings a need of yours, and to what extent are you saying, if you're going
to build that building there, why don't you at least give me the ability to
put stands on top of which. I have no problem with it, but I'm not sure that
we need those buildings there, or if we do, for the other plan because of the
revenues that they will generate and because the fact that we have this - I
mean, this looks very nice, here. What we have there is an eyesore right now.
Then, why do we need this other concession building? - because I can see the
pedestrian bridge coming over and simply into grassy open areas. To end up
with three buildings, even if they are sort of perpendicular to Biscayne
Boulevard, and presumably the view corridors are less affected, it just...
Mr. Sanchez: Mr. Mayor...
Mayor Suarez: Who needs it? Who needs it? Is it the Board? Is it you?
Mr. Sanchez: Let me say this.
Commissioner Be Yurre: Ralph, hasn't there...
Vice Mayor Alonso: He needs that, Mr. Mayor. He explained that before. He
said it was very important.
Commissioner Be Yurre: ... always been a concept that on the FEC property
they want to put some marine museum, or things of that nature? Maybe it is
because of that request, or that...
Mayor Suarez: Or is it a museum? I mean, what makes this building, this
i concession building a necessity? Is it that you need to have some
grandstands?
Mr. Sanchez: OK, let's go back to the original intent of going to the County
after some relief for building a permanent facility. The Grand Prix cost has
more than doubled in the last ten years. The revenues have not kept up to
pace. So in order for us to be here ten years, fifteen years from now, we
have to find ways of reducing costs, because adding revenue is a less likely
46 April 30, 1992
possibility. So the only way that we can save some money to guarantee that
the Grand Prix is going to be here in the long term is by reducing costs. How
do you reduce costs? Having some more permanent facilities, whether it's
grandstands, whether it's bathrooms, whether it's...
Mayor Suarez: Suppose - I see the argument that you are making. Suppose we
were to approve this concession building with grandstands, right.
Mr. Sanchez: Yes. Yes.
Mayor Suarez: Apparently it looked pretty extensive there, from what I can
see.
Mr. Sanchez: Yes.
Mayor Suarez: How much seating is envisioned in that? Have you counted even?
Mr. Sanchez: How many seats?
Mayor Suarez: Yes. Roughly how many people?
Mr. Sanchez: Each building will have between twenty-five hundred and three
thousand seats.
Mayor Suarez: All right, supposing we were to approve all that, with the
pedestrian overpass, where does the pedestrian overpass come down, then?
Mr. Sanchez: In between the two buildings. You will have another plaza
there.
Mayor Suarez: You're not forced to go into the museums, or...
Mr. Sanchez: No, no, no. You come into an open area and then there is a
building to your right and a building to your left.
Mayor Suarez: All right. Suppose we were to approve all that and suppose we
were to enter into an agreement with the Port of Miami to allow them to use
our slip for their cruise ships and maybe build one or two small terminals
somewhere, because they obviously need some facility, and maybe underneath
that some Customs space. Why do we need to build additional buildings with
grandstands on both sides of the inlet. You don't need that for your
functioning, is what you're saying.
Mr. Sanchez: OK, yes. The total grandstand needs for the Grand Prix at the
present time are close to almost 30,000 seats. These two buildings only
house, say, five to six thousand seats, so if you do the other buildings you
will have closer to our capacity, which means that even if Carmen were to
build all of those buildings in, we would still need to put up some temporary
grandstands for the Grand Prix.
Mayor Suarez: But the temporary grandstands could be like for the Orange Bowl
ones. They could be along the Boulevard, couldn't they?
Mr. Sanchez: Yes, yes, yes.
47 April 30, 1992
Mayor Suarez: They could be in area...
Mr. Sanchez: They have to be because that's...
Mayor Suarez: I mean, otherwise, what you're building here is a huge stadium,
and that's not a park, either. I mean, the fact that you can use a park for
soccer events, for rugby. I just got a letter from...
Mr. Sanchez: Mr. Mayor, I thought this Commission voted to have the baseball
stadium there at one time.
Mayor Suarez: Well, we considered Bicentennial...
Mr. Sanchez: And that's 70,000 seats.
Mayor Suarez: We considered Bicentennial and, frankly, we were desperate to
bring that attraction to the City.
Vice Mayor Alonso: I did not.
Mayor Suarez: A once -a -year event. It wasn't even...
Mr. Sanchez: Twice a year, twice a year. I'm sorry.
Commissioner Plummer: Mr. Mayor, may I bring out one point that has not been
brought out, that I think should be?
Mayor Suarez: I'm sorry, the economic impact of major league baseball is
estimated to be a hundred million dollars. All right.
Commissioner Plummer: Maybe.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, I think it has to be remembered that,
hopefully, whatever we're doing here today, Mr. Sanchez will only be a party
to this for one month, roughly, out of a year. It would be my hope and desire
that we could hold a lot of the running races in here. We could hold bicycle
races in here.
Mr. Sanchez: Exactly.
Commissioner Plummer: We could hold other sporting events.
Mr. Sanchez: Soccer, baseball.
Commissioner Plummer: Excuse me. You play your game and let me play mine.
Mr. Sanchez: OK.
Commissioner Plummer: One of the biggest things that we have and that we lose
concerts on is the setup and tear down which costs a guy $60,000 to use the
Orange Bowl, to set up speakers, to set up whatever, and to tear it down.
48 April 30, 1992
This could be that kind of facility. God knows where you could have a better
scenario than right here on the water. It's not going to cause any confusion
for anybody, but I think that we are being very nearsighted when we think that
this is only going to be for once a year. It is to develop for, hopefully,
more year-round activity.
Commissioner Dawkins: J. L., you lost me.
Mayor Suarez: Wait, wait.
Commissioner Plummer: OK, why did I lose you?
Commissioner Dawkins: You lost me...
Commissioner Plummer: OK.
Commissioner Dawkins: ... because you're constantly telling me that Bayfront
Park should support itself with an amphitheater and all, and now you're
telling me you're going to bring another facility down there that will have
events that may draw traffic from the Bayfront Park.
Commissioner Plummer: Well, let me give you some good news because I can't
give you the bottom line, but let me tell you that within the month, I am
going to tell you exactly what I told you two years ago. You sent me to
Bayfront Park, and that is to put it in the black ink. It is done by extra
activity. It is done by bringing in more revenues. OK? And I think in the
same way that I was able to do it with Bayfront Park, whether it's myself or
someone else can do it with this park...
Commissioner Dawkins: No, it's you. Ain't no somebody else, it's you.
Vice Mayor Alonso: For life.
Commissioner Plummer: Thanks.
Commissioner Dawkins: Yeah, we just put you there for life, now don't take
somebody else. Go ahead.
Commissioner Plummer: OK. I think it can be done the same here.
Commissioner Dawkins: Let me give you that challenge.
Commissioner Plummer: So be it.
Commissioner Dawkins: All right.
Mayor Suarez: All right. Vice Mayor Alonso.
Vice Mayor Alonso: Two things. The day that you begin construction, if this
is approved?
Mr. Sanchez: Dr. Alonso, the steps are as follows. Upon a tentative approval
by this Commission. I have to go back to the County Commissfon to solidify the
nine million dollars. Also, they have to issue the, I guess you call them the
49 April 30, 1992
+e �
bonds. I think that that process could take as long as maybe six months. OK?
At that point, then we can start with the actual final working drawings,
etcetera, putting out the bids for construction, etcetera. I do not see the
actual construction to start prior to the beginning, or first couple of months
of next year. Construction on this project should be about eighteen months.
That's what I... That's my construction background tells me that it can be
done for about eighteen months. Now, we understand that there is a larger
project coming behind me. We understand that if we start building this thing
and they plan to elevate, because they want to put parking underneath or
whatever, there will be some things that will be wasted, that would have to be
destroyed. We are prepared to hold off starting construction until this
Commission's final resolution on whether the port project is going to go
forward or not forward. I am prepared to do that.
Vice Mayor Alonso: OK. To coincide with that.
Mr. Sanchez: Yes.
Vice Mayor Alonso: Great. Thank you. And the last question, Mr. Mayor,..,
Commissioner Plummer: May I please give you one thought? One of the problems
existing today is the fact that the County has sold fifty-one... Well, excuse
me. The total allocation was fifty-one million dollars. As you know, part of
it went to Lipton, part of it went over everywhere. The only part of the...
And, by the way, we've got some of this money for Orange Bowl, if you're not
aware.
Vice Mayor Alonso: Oh, yes.
Commissioner Plummer: The only part of that bond issue, if I'm not mistaken,
that hasn't been sold is this portion. Now, what we've got to do is to get in
in such a way that we get that obligation to the County, that they do sell the
bonds, and I surely wouldn't want to deceive anybody that if one of the
criteria was that we had to start something, that we're going to have to do it
to get the money. Because if we don't, we're going to lose it.
Vice Mayor Alonso: OK. Thank you. And the last question is, Commissioner De
Yurre said, and I did not hear you or any member of the Commission make a
comment, where he asked to be the liaison between the County and the City for
Mr. Carmen Lunetta's project. I do have problems with that. I think it's a
very large project, one that we need to be informed every step of the way. I
don't think any member of this Commission should be a liaison, other than the
City Manager, that he can come to us and keep us informed all the time of the
discussions. If it's done by a member of this Commission, we have the problem
of the Sunshine Law. We cannot discuss the project. Therefore, it will have
enormous limitations to communicate. So I suggest that we maintain only the
City Manager as the liaison, rather than a member of this Commission.
Commissioner De Yurre: Well, that is something that, if you check with the
City Attorney, he'll say that the Mayor can appoint a liaison, so it's up to
the Mayor to make his decision on what he wants to do. Certainly whatever I
would do, it would be brought back immediately to this Commission, because
that is the purpose of somebody that's working as a liaison between two or
three different entities.
50 April 30, 1992
Vice Mayor Alonso: Indeed. But the Mayor did not say anything whatsoever,
and I request from the Mayor if he's going to make a decision, to take my
comments in consideration due to the extent of this project and importance of
the value of the land to the citizens of Miami.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Definitely take all of this under advisement. Yes,
Commissioner.
Commissioner Plummer: We surely have had a full and complete picture as of to
date. What is here today is not the final. This is so that we can proceed to
the County.
Mayor Suarez: I hear you winding up as if you're about to make a motion.
Commissioner Plummer: You are absolutely right. You got more questions?
Mayor Suarez: Can I ask you as a preliminary to that, to please consider
making a statement on that walled off entrance to the park, and suggest maybe
to obtain my vote on this, that we tell Mr. Sanchez that that should be at
grade and that should not be any kind of an impediment so we don't make the
Bicentennial Park mistake...
Commissioner Plummer: Mr. Sanchez,...
Mr. Sanchez: Yes, sir.
Commissioner Plummer: ... you hear what the Mayor has said.
Mr. Sanchez: I am prepared to work with the Commission on that. As a matter
of fact, as I stated originally...
Commissioner Plummer: Mr. Sanchez, you are prepared to say for the record
that that is eliminated.
Mr. Sanchez: Yes, sir.
Commissioner Plummer: Thank you, sir.
Mr. Sanchez: I am prepared to say that.
Commissioner Plummer: Thank you, sir. Now,...
Mr. Dan Paul: Can I be heard before you vote?
Mayor Suarez: Yeah, we're going to do that, Dan. We're going to break with
our procedures, which is really just a matter of discussion and a conceptual
approval. We've got to get this to our Waterfront Board, and it is scheduled
Mr. Sanchez: May 12th.
Mayor Suarez: May 12th. And we need you there, Dan, but we're going to take
at least some quick input from you in deference to your standing in this
community and your watchdog role over these parks. But let me just see the
motion.
Mr. Paul: Let me just say before the motion is made, you're...
Mayor Suarez: No. No, sir. No, sir. Please let me hear the motion so we
know...
Mr. Paul: You're violating the Sunshine Law. Let me tell you...
Mayor Suarez: So we're not violating the Sunshine Law, Dan. Please.
Mr. Paul: It's not on the agenda.
Mayor Suarez: Please. Let me hear the motion before I could tell you if
there's any kind of a problem.
Commissioner Plummer: Mr. Mayor, incorporating the points that was made by
Mrs. Dougherty, basically that this Commission, in principle and conceptually,
accept this plan for its forward to the County Commission for further
indication and the possible, what I want to say, the tying up of the money.
Mayor Suarez: Question to the City Attorney then. Is the fact that we
scheduled this for discussion, does that prevent, or in any way, affect that
conceptual approval, or in principle approval?
Mr. Jones: No, Mr. Mayor. It's scheduled for discussion, and of course, with
anything that's scheduled for a public discussicn legislation may be generated
by this Commission. What you are seeking to do is really to approve something
In principle, it's not a final deal and that should be emphasized that this is
totally in principle and will be brought back to this Commission at some later
point in time for final approval, which of course would be duly noticed and
advertised.
Mayor Suarez: And does not violate the ordinance that requires Waterfront
Board input before we take any definitive action on any of the waterfront
properties?
Mr. Jones: I'm sorry, Mr. Mayor.
Mayor Suarez: It does not violate the ordinance that requires Waterfront
Board review before we take any definitive action on any of our waterfront
properties.
Mr. Jones: No, because you're not taking definitive action. What you're
taking is really a preliminary...
i
Mayor Suarez: All right. Let me hear the motion, and then I'd like to hear
j from Mr. Paul.
52 April 30, 1992
Comnissioner Plummer: Mr. Mayor, again keeping in mind the limitations
expressed by Mrs. Dougherty that, as I recall, that the project will not
exceed the grant. That it is the City property and will remain the City
property. That this City Commission in its desire of keeping and beautifying
the area, expresses to the County Commission in principle and conception, this
plan, which has been proffered to us today for consideration of the
restricting of the funds as designated by them in the amount of nine million
dollars. I think that pretty well covers it.
Mayor Suarez: So moved.
Mrs. Dougherty: We also had an approval of asking or directing the Manager to
negotiate an amended license agreement with us.
Commissioner Plummer: Well, of course. That goes without saying.
Mayor Suarez: Seconded.
Vice Mayor Alonso: What was that?
Commissioner Dawkins: Under discussion.
Commissioner Plummer: The Manager to negotiate.
Commissioner Dawkins: Hold it. Under discussion.
Vice Mayor Alonso: The extension...
Commissioner Plummer: To the Manager to ongoing negotiations with the Grand
Prix and the County. It's a three -party agreement. It's all in conceptual
and it's all in principle.
Mayor Suarez: Mr. Paul.
Commissioner Dawkins: OK. Whoal
Mayor Suarez: I'm sorry. Go ahead, Commissioner Dawkins.
Commissioner Dawkins: Go ahead, Mr. Paul. I can wait for you.
Mayor Suarez: He's going to wait for you. He defers to you.
Mr. Paul: Since this matter will clearly end up in litigation, I want to make
j
it clear for the record that what you're about to do is in direct violation of
the Sunshine Law which requires you to vote, or to put on the agenda and item
which you're going to vote on. I defy any member of the citizens of the City
of Miami to be able to tell from item number 2 that you were planning to grant
any kind of approvals to either extend this lease - and that's what it is -
let's quit this subterfuge. about a license - at today's Commission meeting.
There was no notice of any kind to any of the citizens in Miami and the seven-
day requirement has not been met and if you adopt it, I put you on notice that
you're in violation of the Sunshine Law. You're also in violation, obviously,
of your ordinance which you adopted. Mayor, you kept saying that you wanted
. to follow your procedures. You're obviously not following them because you
'`
53 April 30, 1992
1
0 W
haven't waited for the input from your Waterfront Board, which is scheduled to
meet on this particular project. I ought to bring something else to your
attention, and that is the bond indenture which covers the bonds for this
particular project. It's not just the 29(b) and 3(f) which you're violating.
Obviously a City referendum is required if you're going to extend Mr.
Sanchez's franchise, but these bonds were sold to the purchasers and the
public voted them on the basis that this would be a public park. As
Commissioner Dawkins said, you "hoodwinked" the public if you're going to go
forward with this kind of project. This is no more a park with all of these
concession buildings, stadiums and permanent tracks, or the Carmen Lunetta
plan, which I gather you have in the back, that's the second agenda that would
be for this particular project. The public is completely walled off, if you
look at this plan from the Boulevard. Have you forgotten entirely your City
Plan, and Park West? You urged all those people to come and live downtown so
they could use this park for their recreation. Is this what you have in mind?
And you talk about your problem of getting the homeless out of downtown.
You're creating five or six thousand homeless beds with those bleachers which
sit there permanently. If you go down Biscayne Boulevard during the Orange
Bowl parade, when the bleachers are erected there only temporarily, you will
see the number of homeless who take those over as their hotel while those
bleachers are erected. What kind of problem are you really creating here in
Bicentennial Park, or what was Bicentennial Park, by putting those permanent
bleachers and leaving them up three hundred and sixty-five days of the year
for two or four days' use. You ought to consider that before you go forward.
You know, you talk about all the necessity for funds. Mr. Sanchez hasn't told
you, but he intends not to provide one bit of maintenance of this project.
That is going to be at the City's expense. Nothing. All of the... You see
now what Bicentennial Park looks like. Mr. Sanchez has never kept his
commitment to provide the landscaping. He showed you some fancy pictures like
that at the time that he built his track in Bicentennial Park. Mr. Sanchez,
or his proper name I guess is really the Institute for the Absorption of
Public Funds, has never yet provided one bit of landscaping in this park, and
what you are now seeing - and he's not going to provide any maintenance
either. So what do you think that's going to look like with no maintenance
when that project... if it goes forward? It seems to me that the public have
some right to expect in their public officials, when they repose the public
trust in you and vote a bond issue for a public park and pay for it and
acquire this land with those bond funds, that you have some commitment to the
public to see that this is a park, and not leased out for ports, leased out...
That's what it was when you voted the bond issue. It was a seaport terminal,
and you're now going to give up the park proposal and put this out in some
sort of commercial enterprise. I won't repeat, because most of you were there
at the Commission meeting and I told you what I thought about this proposal at
that time. But it seems to me that you ought to give some consideration to
having public hearings on this matter. It ought to be properly on the agenda
to comply with Sunshine Law, and the public and the Waterfront Board ought to
have their input before you start approving extensions of this agreement in
violation of your amendment which requires a public vote if you're going to
lease this land for the extended period of time you're talking about, and the
bond indenture, which I think absolutely prohibits this, and you're going to
go forward, you're certainly going to be in court.
Mayor Suarez: Thank you, Commissioner, for helping me to illustrate to the
public what Mr. Paul is talking about. Let me say the only thing we needed
54 April 30, 1992
here to show you the complete picture was what those parks look like now, in
case anybody has forgotten what the FEC (Florida East Coast) tract looks like.
My esteemed colleague, Mr. Paul, refers to the bond issue that was passed to
build a park at the FEC. The fact of the matter is what is there now is a
parking lot and it's a wasteland. Nevertheless, some of your comments I think
are well taken and one of the things that I am inclined to do is to ask my
colleague, Commissioner Plummer, if he would split his motion into a
conceptual approval, which I know we need so you can proceed with the funding,
etcetera, etcetera, even though we're going to have many public hearings and I
think we're going to hear many, many times from Mr. Paul, both at the
Waterfront Board and otherwise. But to split that from the determination of
any agreement for extension of a lease until at least the Waterfront Board has
made its recommendation.
Commissioner Plummer: Mr. Mayor, I would be happy to because I don't think it
was incorporated in my initial motion...
Mayor Suarez: OK.
Commissioner Plummer: ... other than the terminology is that it would be
ongoing negotiation between the Manager and the County, and the Manager and
Mr. Sanchez. But if you want it clearly delineated,...
Mayor Suarez: Please. Yes. I would appreciate it.
Mayor Suarez: ... I would be more than happy to do such and the first motion
then would read that the City of Miami Commission urges Metropolitan Dade
County to accept what has been proffered here today which we have accepted in
principle and in concept as a proposal for the improvements under the bond
money, period.
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved and seconded.
Vice Mayor Alonso: Moved and seconded.
Mayor Suarez: I think, Dan, that the implication of splitting this is to
clarify to the general public and to yourself and many of us that are
concerned about any extension of any rights to Mr. Sanchez and his Grand Prix,
at least until we have heard from the Waterfront Board, and until we have
all... This is the first time I hear of the specific time that he's asking. I
worry a little bit about this idea that it's going to be ten years from the
completion of improvements. I heard - in fact I thought I heard you say -
that maybe with the existing term that he has, he could proceed with improving
the parks. Now, I hear something that on the outside would take us until the
year 2007, and that worries me. That's something that I personally will be
interested in hearing from you, Ralph, and if at all possible, if you can do
this with your existing rights, within your existing rights, it gives me the
consolation of thinking that I have not been a party to an extension of a
license agreement, or lease - because I think Dan is right, too, that it's
kind of a lease that you've got - that perhaps should have been never approved
in the first instance and certainly should have been done with a lot more care
to guarantee that the parks were improved accordingly and that the Grand Prix
55 April 30, 1992
did not leave a remnant of obstructions, barricades and just all around
ugliness in those parts. So, I just want to put that on the record for my
vote, but I think that the way the motion is phrased, we're in good shape.
Commissioner Plummer: Call the question.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-250
A RESOLUTION APPROVING IN PRINCIPLE AND CONCEPTUALLY
THE PLAN PRESENTED BY MIAMI MOTORSPORTS INC. FOR THE
EXPENDITURE OF UP TO $9,000,000 WHICH WAS ALLOCATED BY
METROPOLITAN DADE COUNTY, PURSUANT TO RESOLUTION NO.
R1515-91, FOR THE PURPOSE OF CONSTRUCTING A PERMANENT
RACING FACILITY IN ACCORDANCE WITH RACING INDUSTRY
STANDARDS (THE "FACILITY"), ON BICENTENNIAL PARK AND
THE FLORIDA EAST COAST (FEC) SITE; URGING METROPOLITAN
DADE COUNTY TO ACCEPT SAID TENTATIVE PLAN; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: *Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent during roll
call, Commissioner De Yurre later asked of the Clerk
to be shown as voting with the motion. See note at
the end of label 12.
Commissioner Plummer: If I may, please. Mr. Manager, please I have split...
What was the other part, and is it necessary for you or for the City to have
any second part of a motion?
56 April 30, 1992
Mayor Suarez: You might want to leave it alone. You may have a couple of no
votes over here.
Commissioner Plummer: Well, what was it you had in mind that we split?
Because I don't understand.
Mayor Suarez: Anything having to do with an extension of the license
agreement, you simply...
Commissioner Plummer: No, I never said that.
Mayor Suarez: OK.
Commissioner Plummer: No, the only thing...
Mayor Suarez: Negotiations towards a license agreement don't begin at
least...
Commissioner Plumper: Not at all.
Mayor Suarez: ... until we hear from the Waterfront Board.
Commissioner Plummer: Not at all. But you know, what I have eliminated, and
I didn't want to, but it was said the Mayor was that it was to go them with
the full knowledge that there would be no additional funds involved. It had
to be within the monies that were allocated, and all of those things...
Mayor Suarez: Yeah.
Commissioner Plummer: ... is really the only thing I split.
Mayor Suarez: Yeah, any clarifications that you want to add to that, that's
fine.
Commissioner Plummer: Well, OK: Fine. So as we stand now, Mr. Manager, I
would assume that, in fact, that this will go forward to the County, that you,
as our liaison, would go with Mr. Sanchez to inform the County of what has
been done here today to proceed as they requested as a City approval, even in
conceptual, to let this thing get the money obligated. Because I'm going to
tell you something. There's a lot of talk going on that people are looking
that those bonds haven't been sold, and there's a lot sharks out there
smelling the blood that they would like to get their hands on that unsold
portion. So, I please beg of you do not dilly dally. Proceed to get whatever
is the next step and get it done.
Commissioner Dawkins: Mr. Mayor, I have two pocket item.
Vice Mayor Alonso: Before we change to the pocket items, Mr. Mayor, may I
gust...
Mayor Suarez: Please.
Vice Mayor Alonso: ... make a comment. We did not hear from our City
Attorney after the comments that were made on the record about the violation
57 April 30, 1992
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of the Sunshine Law, so I understood that to be that we are in the safe side,
that our City Attorney disagrees completely with the statements put on the
record, and that we acted in good faith and followed the law. Is that right?
Mr. Jones: I did respond, Madam Vice Mayor, and I'll reiterate...
Vice Mayor Alonso: I'm sorry. I missed... Could you tell me that?
Mr. Jones: I'll reiterate again. I'm not aware of any provision in the
Sunshine Law that makes the requirement that Mr. Paul has indicated. I will
say this, that this is designated as a public hearing on this issue and, of
course, that goes without saying, and I think the laws support this, that this
Commission - as long as it's been duly noted - may take whatever action it
deems appropriate. And, again, I'd like to emphasize that this is a very
preliminary approval. There will be subsequent a public hearing on this
matter, and, of course, the public will have due opportunity to give you,
present their input into this. So, while this is preliminary, there is
nothing here that's been finalized or in any action that you've taken today,
and due notice has been given that this was coming before the Commission for
hearing.
Commissioner Plummer: Well, let the record also reflect that Mr. Danny Paul
is part of the public, and as such, was allowed to speak on the issue.
Mr. Jones: Yes, sir.
Mayor Suarez: I don't know what clarification you could possibly want.
Mrs. Dougherty: You said...
Mayor Suarez: We have approved, in principle, a design with some
modifications as to that entrance area.
Mrs. Dougherty: No, you said that...
Mayor Suarez: We have specifically not approved, or given any indication that
we would approve, any extension of the lease. It's as simple as that. If you
wanted to have that because you can't do anything with the first part, without
the second, we can simply defer action...
Mrs. Dougherty: No. I'm only asking for...
a Mayor Suarez: ... until after the Waterfront Board has looked at it and told
us whether they recommend or not recommend any use of the land for the
purposes that you envision it. But, in an effort to allow you to go the
County and keep your possibility of funding moving, and give you a little bit
of a head start, I guess a total of twelve days, really is all you're getting.
We have approved a concept, which many of us have put on the record our
concerns and our views on it, but as a general idea that you can improve the
park and have these kinds of facilities there, which, really, as far as any
kind of concrete or anything, is limited to the one little concession
building. I say little, I really didn't ask for the scale of it, but I, from
the renderings, have an idea how big it is, and grandstands to go with it.
58 April 30, 1992
Mrs. Dougherty: My only clarification requested to you is, you said you would --
like to see us do it within our existing contract rights. You mean the 1997
or the one that you...
Mayor Suarez: Well, let me...
Mrs. Dougherty: ... extended in 1990 for....
Commissioner Plummer: Why are you bringing that up?
Mayor Suarez: Why don't you just leave that alone?
Mrs. Dougherty: OK.
Mayor Suarez: You've got until 197, and then you've got a mutual option,
three to five years. Resolution of this Commission. The import of which I
wouldn't want to try to define today.
Commissioner Plummer: Excuse me, Mr. Mayor. That has no bearing on what this
Commission has done in its motion, none.
Mayor Suarez: That's precisely a point.
Mrs. Dougherty: Thank you.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga.
Commissioner Dawkins: I've got two pocket items.
Mayor Suarez: You want to just let him speak on this item, quickly please.
Commissioner Dawkins: Yeah.
Mr. Manuel Gonzalez-Goenaga: Yes, Commissioners. I'm going to be extremely
short, because I back up a thousand percent the words of Mr. Paul, which I
have not had the pleasure to talk to him, and please. I know that you don't
pay attention to what I say here, like you are doing now, Mr. Suarez. But,
please pay attention to this gentleman, who is, I suppose, he's a very well
known member of this community. I understand and I'm going to repeat what I
heard this morning outside by another alleged prominent person here in town.
That I am an asshole, and I admit that. But I am not...
Commissioner Plummer: Did he... What?
Mr. Gonzalez-Goenaga: Yes, that's what he said outside and I heard him. And
his name is Sergio Pereira. Yet, I'm going to finish that and add very
little. What my greatest concern, besides Mr. Paul's concerns, is the
questioning of the individuals involved because I don't think it's proper to
become a multimillionaire at the people's expense. And I have heard that he
has made a lot of money in real estate, yet I have consulted with people in
real estate, and they have never heard of a good deal of Mr. Raffie Sanchez in
real estate. I would like know where his money comes from, how much and make
a full disclosure of all the Grand Prix operations to The Miami Herald, to the
citizens of Miami, a full disclosure. Because if you're becoming a
59 April 30, 1992
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millionaire dealing with "cojioca" and maybe alleged "cifarra," please, I want
a full disclosure. If the Commissioners approve that, then we will take some
further action when the election comes. I would like to have provided to this
Commission, the financial statements and his income tax returns of Mr. Ralph
Sanchez from day first, when he started making good real estate deals. And I
have baen in touch, and I repeat with people in real estate, and they have
told me, "I have never heard of that guy making a real estate deal." So,
again I repeat, where are the petroleum wells in Miami? I'd love to see one
of them. Thank you very much.
Mayor Suarez: Thank you, sir.
6. DIRECT MANAGER TO ALLOCATE $4,000 TO REPRESENTATIVES OF THE CHILD
ASSAULT PREVENTION PROJECT TO COVER COSTS TO BE INCURRED FOR USE OF
GUSMAN CULTURAL CENTER FOR THREE PERFORMANCES OF "CABARET."
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins. Let me recognize... We have some
colleagues from the Miami... Former commissioners from the City of Miami Beach
and Commissioner Alonso had asked me to recognize you. Are you here on any
particular item or to observe us?
Commissioner Plummer: Sure. Sure, he's here...
Mayor Suarez: A possible candidate.
Vice Mayor Alonso: Mrs. Weisberg.
Mayor Suarez: Mr. Weisberg.
Commissioner Plummer: He's here to announce that he's running for Harvey
Ruvin's seat. What else is he here for?
Vice Mayor Alonso: Good for him.
Mayor Suarez: All right, sir. Pleased to have you, Commissioner.
Vice Mayor Alonso: Nice to have you here.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Plummer: But we never have politics around here, Sid. Never.
Commissioner Dawkins: I was asked to put on a pocket item.
Vice Mayor Alonso: She is not running and she is there, too.
60 April 30, 1992
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Commissioner Dawkins: The child assault prevention project. They're here.
Will you come forward, please? And there is, 1n my opinion, nothing more
important that's being done at this time than what's being done by this group.
We read every day, and see on television every day, how children are abused.
And somewhere along the line, it's my opinion,...
Commissioner Plummer: Like me.
Commissioner Dawkins: ... that if you take a five-year old and teach it what
child abuse is, we have gone a long way in the prevention of child abuse.
Because it's my belief that a child five -years old can be abused at home and
think it's regular procedure because the parent is doing it and they think
that anything that mother or father does is correct. So I would hope, and I
speak, I know, for this Commission, when I say we are interested in the
promotion of the instructions to children about how they are being abused and
how we can stop it and we'll hear from you.
Mayor Suarez: OK.
Ms. Guly Rodriguez Torres: Thank you, Commissioner. I want to thank you for
giving me the opportunity to be here today. My name is Guly Rodriguez Torres.
I am a volunteer and the director of the Hispanic Affair for the Child Assault
Prevention Project of South Florida, which is known as the CAP Project by the
Dade County community. I want to thank you for being here today and giving me
the opportunity to tell you about a fund raiser that we are jointly involved
with the Coral Gables Women's Club this coming month. The CAP Project has
been in South Florida since 1984. The Project is a member of an international
network of projects which now numbers over two hundred and fifty in the U.S.
alone. CAP is a comprehensive, primary prevention program which works first
with adults to increase awareness and understanding of child assault. And
then with children in their classroom teaching them specific strategies to
help them in potentially dangerous situation. Television documentaries have
been produced about our project's success. It is very important for you to
know that there are many children in our schools every day who are being
neglected, who are being beaten and raped occasionally, or on a regular basis,
by parents or relatives, family acquaintances or strangers. There are also
children who are in reality the victims and property of strangers because they
have no support system and never learned that they have the right to be safe,
strong and free. These children sit in classrooms in virtually every
elementary school in every municipality in Dade County right now, and there
are a lot of them. Why can't these children be learning, considering...
Mayor Suarez: Can I cut through this a little bit, in fairness to all the
people who are waiting here on scheduled items. What do you need?
Presumably, it's not controversial and...
Ms. Rodriguez Torres: Well, what I would like to tell you. During the time
that we have been working with the CAP Project, we have trained eighty
thousand children.
Mayor Suarez: No, no.
Commissioner Dawkins: No, no, ma'am. Tell us what you need.
61 April 30, 1992
Mayor Suarez: What do you need from us?
Commissioner Dawkins: Tell us what you need.
Ms. Rodriguez Torres: What we need is, we need to pay for the Gusman Hall and
the cost of the fee that we are getting is twenty thousand dollars. We are
going to have three day performance of a show called "Cabaret" jointly with
the Junior Women's Club and we come to this distinguished body to ask for the
support that we will save money to give it to the children. Because in
reality...
Mayor Suarez: The best we can do...
Vice Mayor Alonso: How much is the cost of the Gusman?
Ms. Rodriguez Torres: It comes to twenty thousand dollars to use the Gusman,
three performances, two days.
Mayor Suarez: The best we can do is refer to the Off -Street Parking Authority
with a positive recommendation and they have to make that decision. That's
the best we can do here. Because of their bond indentures, because of their
bonding arrangements for their facilities, they have to have income unless
they use some other method, which we're recommending that they try to
accommodate you. You probably are going to have to figure out a way to
guarantee that that money will in fact be paid to them from the
performance,...
Ms. Rodriguez Torres: Yes.
Mayor Suarez: ... and, you know, you can work out those details with...
Commissioner Dawkins: OK. Here's what I'd like to... I'd like to recommend
that it go to the Off -Street Parking and tell them if they waive half, the
City of Miami will pick up the other half.
Commissioner Plummer: That's fine.
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Second.
Mayor Suarez: So moved.
Ms. Rodriguez Torres: According to my friend, she said that she already
mentioned to the Gusman and they say they can't, so that's why we came to see
you. Because in reality it is cheaper for the taxpayer to pay to train a
child in the school than to place it in a shelter.
Commissioner Dawkins: We're going to help you.
Ms. Rodriguez Torres: OK.
Commissioner Dawkins: We're going to help you within constraints of how we
can. OK?
62 April 30, 1992
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Ms. Rodriguez Torres: OK.
Commissioner Dawkins: Whatever they waive, the City of Miami will match it.
That's all we can tell you.
Ms. Rodriguez Torres: All right.
Commissioner Dawkins: And if they don't waive anything, then the City of
Miami will perhaps pick up one show, and that's a help. We understand that
the more money you can save, the more children can serve.
Ms. Rodriguez Torres: Right.
Commissioner Dawkins: But also we have hundreds of individuals coming daily
for money which we don't have. So we try to spread it out. OK? So the
motion is that the Manager notify the Off -Street Parking to assist you and the
City of Miami will match whatever they do.
Mayor Suarez: All right.
Ms. Rodriguez Torres: Yeah, my friend would like to...
Ms. Elaine Sevush: I just wanted to say that since we spoke with you, we went
to the City of Coral Gables and they have... the City of Coral Gables is
giving us eight thousand dollars towards the performance. Will you match...
Commissioner Dawkins: All right. So you don't need twenty now. You need
twelve.
Ms. Sevush: Yes.
Commissioner Dawkins: You need twelve now.
Commissioner Dawkins: With Coral Gables as rich as they are can give eight,
we ought to give four.
Ms. Sevush: I think if they give eight, you should give eight.
Commissioner Dawkins: I don't. I don't. Mr. Manager, you think you could
find four thousand dollars for them?
Mr. Odio: Honestly? No.
Commissioner Dawkins: OK.
Mr. Odio: The last report that I got from Mr. Surana on the budget is that
we've run out of...
Commissioner Dawkins: OK. I move that the Manager find four thousand dollars
somewhere to give them and then they only have to find eight from the County
and Miami Beach and what have you.
Mayor Suarez: So moved.
63
April 30, 1992
Commissioner Plummer: Second.
Mayor Suarez: Second. Any further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-251
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
IDENTIFY AND ALLOCATE THE AMOUNT OF $4,000, FROM
WHATEVER FUNDING SOURCE HE DEEMS APPROPRIATE, TO THE
CHILD ASSAULT PREVENTION PROJECT IN CONNECTION WITH
ITS REQUEST FOR USAGE OF THE GUSMAN CULTURAL CENTER
FOR A THREE-DAY PERIOD IN CONNECTION WITH THE STAGING
OF A PRODUCTION ENTITLED "CABARET."
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: None.
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7. DISCUSS AND TEMPORARILY TABLE REQUEST BY CURE AIDS NOW CONCERNING PRIOR
FUNDING APPROVED BY THE CITY, BUT NOT RECEIVED (See labels 15 & 46).
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Commissioner Dawkins: I have another one from the people from feed the AIDS
people. Where are they? Are they here? OK. There they are.
Mr. Dominick Magarelli: Good afternoon. My name is Dominick Magarelli, 2975
West Trade Avenue, Coconut Grove, Florida. I'm the executive director of Cure
Aids Now. First, I'd like to thank you for inviting us here to tell you our
plight. Second of all, I don't know if you're all aware of, but people in
Dade County have been put on a waiting list to eat, because of the lack of
funding...
Mayor Suarez: Mr. Manager, in the past, we've tried to help Cure Aids Now
with community development block grant (CDBG) funds which, by the famous
Plummer doctrine, go to feed the hungry and heal the sick and, in this case,
both conditions apply. Do we have any CDBG funds? Have you...
Mr. Magarelli: I just need...
64
April 30, 1992
Commissioner Plummer: Well, he's already now scheduled in the new
allocation,...
Mr. Magarelli: This is... This is...
Mr. Cesar Odio: He's scheduled for the new one. -
Commissioner Plummer: ... but that doesn't go into effect...
Mr. Magarelli: This is emergency funding until our new RFPs (request for
proposals), and allocations and grants come into me.
Commissioner Plummer: That starts on what? - July 1.
Mr. Odio: July 1, but if what we're...
Vice Mayor Alonso: How much are they asking?
Mr. Odio: ... saying is advance them...
Commissioner Plummer: May, June.
Mr. Odio: ... funds against those that he's going to get...
Commissioner Plummer: No, that doesn't do it, Mr. Manager, because if all
you're doing is just putting them in further in debt... What are you looking
for?
Mr. Magarelli: Well, our... I'm sorry to interrupt you, but see, in order for
us to get our fifty people off a waiting list and start eating, we're going to
need fifty thousand dollars for seven months. In the meantime, our other
RFP...
Commissioner Plummer: No, no. What do you need for two months before your
new allocation starts July 1?
Mr. Magarelli: Two months is how much? Twenty thousand dollars.
Commissioner Plummer: For...
Mr. Magarelli: Two months.
Commissioner Plummer: No, no, no.
Mr. Magarelli: For fifty...
Commissioner Plummer: You're talking about ten thousand a month, additional,
on top of what we've already given you?
Mr. Magarelli: It costs... Well, you haven't given it to us yet. See, that's
the problem.
Commissioner Plummer: No, no. You're on last year's funding.
65 April 30, 1992
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Vice Mayor Alonso: Yes.
Mr. Magarelli: We haven't gotten it.
Vice Mayor Alonso: For last year? Yes...
Mr. Magarelli: And it's...
Commissioner Plummer: No, no. You did get twenty-five thousand last year.
Mr. Magarelli: Twenty...
Commissioner Plummer: Yes, sir.
Mr. Magarelli: We got twenty-nine... We got twenty-nine, but it wasn't
allocated because of some arbitrary rule that wasn't told to us until at a
later date. It's still up in the air. It's still being held up.
Vice Mayor Alonso: You mean you did not receive...
Mr.. Magarelli: No, ma'am.
Vice Mayor Alonso: ... the monies we allocated last year?
Commissioner Plummer: Well, why didn't you come tell us? Why didn't you come
tell us?
Mr. Magarelli: We've been fighting with Risk Management for almost a year,
because every time we follow their rules and regulations, they come up with
something different to hold back our funding.
Commissioner Plummer: Well, let's find out.
Vice Mayor Alonso: Well, then it's very simple. We can...
Commissioner Plummer: We allocated money, Frank, for Cure Aids to deliver
food.
Mr. Frank Castaneda: Right.
Mr. Magarelli: But it's food...
Commissioner Plummer: Twenty-nine thousand dollars.
Mr. Magarelli: It's for...
Commissioner Plummer: Hold on, sir.
Mr. Magarelli: Yes, sir.
Commissioner Plummer: They're telling us that they never got it because of
you and Risk Management denied their request.
66 April 30, 1992
Mr. Magarelli: Not denied the request.
Commissioner Plummer: Well, didn't pay him.
Mr. Magarelli: They never paid us because every time we complied with one of
their rules and regulations, they came up with another one which set us back.
Commissioner Plummer: Frank,...
Mr. Castaneda: Let me find out and I'll bring you a report in the afternoon.
I assume that there's a problem with meeting the contractual relationship
between the City and them.
Commissioner Plummer: No, they're short for the two months before their new
allocation.
Vice Mayor Alonso: Could it be that it was cause of the problems that you
were having internally...
Mr. Magarelli: No, ma'am.
Vice Mayor Alonso: ... and were trying to work it out?
Mr. Magarelli: No, ma'am.
Vice Mayor Alonso: No.
Mr. Magarelli: No, they...
Mr. Castaneda: Let me find out...
Mr. Magarelli: They imposed on us a slander and libel law which for the past
four years, we have not been aware of. Now, all of a sudden now, they're
saying we have to have a slander and libel insurance policy to be put on our
organization which is stopping us from getting our twenty-nine thousand which
only goes for the delivery of the food, not the food itself.
Vice Mayor Alonso: Yeah. Let's table this item...
Commissioner Plummer: Come back at two o'clock.
Vice Mayor Alonso: ... and come back in the afternoon, because I think it's
important that we find out why they don't get the money that we believe we are
giving them.
Mr. Magarelli: Well, I can give you the lady's name whose...
Vice Mayor Alonso: No. They should check and we will resolve this in the
afternoon because you need the money to feed the people. So...
Mayor Suarez: We'll get a report on that and then we can move on to some of
the morning items. We've got twenty more minutes.
Commissioner Plummer: What was your recommendation?
67 April 30, 1992
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Mayor Suarez: Come back after lunch. We're going to try to get a report back
from our own staff.
Commissioner Plummer: After two thirty, sir.
Mr. Magarelli: After two thirty? Thank you.
8. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING
ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR THE MANAGEMENT, OPERATION
AND MAINTENANCE OF BICENTENNIAL PARK FOOD AND BEVERAGE CONCESSION
AREA -- REFER ISSUE TO MIAMI WATERFRONT ADVISORY BOARD.
Mayor Suarez: Item 3.
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Vice Mayor Alonso: I believe that this item should be continued due to the
circumstances. We are addressing the possibility that we are going to have a
major plan at Bicentennial Park. I don't think that at this point, we should
even entertain the thought of going for an RFP (request for proposals) prior
to knowing exactly what's going to happen with this park. I believe it's
irresponsible to give a contract to whoever
wins this proposal. We are giving... I don't think it's appropriate at all.
It should be before the fine and then we go for RFP (request for proposals) or
whoever is going to manage that facility if, in fact, that's going to be part
of it.
Mayor Suarez: OK. Could we...
Commissioner De Yurre: Mr. Mayor, I would take it even one step further. I'd
discard the whole concept. I don't foresee this happening. Certainly with
everything else that's going on. So I have no problem with that.
Mayor Suarez: Could we, in deference to both of those views, present to the
Waterfront Board their consideration of this concept and recommend to us what
we should be doing because of the other concepts that are being thrown around?
Should we, in fact, be trying to revive the food concession at Bicentennial
Park? I can't imagine that, depending on the scale of it, that it would be
objectionable, but it should be...
Vice Mayor Alonso: In connection with...
Mayor Suarez ... conjunction,...
Vice Mayor Alonso: Yes.
68 April 30, 1992
Mayor Suarez: ... with compatibility to the other concepts, which are much
broader and greater scale, but they should also recommend to us because
otherwise, let's assume that something comes up that makes a lot of sense,
then they're going to want to have their say, and really, they should do it
from the beginning.
Vice Mayor Alonso: Yeah, the problem is, if we go out with an RFP and we
award this, we will have problem, perhaps we will have to buy them, and it's
costly.
Mayor Suarez: OK.
Vice Mayor Alonso: So we should not take any action at this time.
Mayor Suarez: So with that deferral and referral to the Waterfront Board for
their recommendation so that it be compatible with all the other things that
are being contemplated for the FEC Bicentennial. So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Moved by the Vice Mayor. Seconded by Commissioner
De Yurre. Call the roll.
Commissioner Plummer: Get the Manager to withdraw it.
Mayor Suarez: It's almost the same as a withdrawal.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-252
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 3 (IN
CONNECTION WITH ISSUANCE OF A REQUEST FOR PROPOSALS
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE
BICENTENNIAL PARK FOOD AND BEVERAGE CONCESSION AREA);
FURTHER REFERRING SAID ISSUE TO THE MIAMI WATERFRONT
ADVISORY BOARD FOR ITS REVIEW AND RECOMMENDATION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
' Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
j Mayor Suarez: Make sure, Mr. Manager, that the Waterfront Board be apprised
of this possibility so that they begin to fashion something according to their
preferences and recommendations, and possibly will act on it.
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69 April 30, 1992
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9. (A) APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST OF MIDTOWN
TOWING OF MIAMI, INC., CONCERNING A REQUEST FOR PROPOSALS (RFP) TO
PROVIDE TOWING AND WRECKER SERVICES TO THE CITY.
(B) COMMISSIONER PLUMMER REQUESTS ADMINISTRATION TO REPORT (AFTER LUNCH
BREAK) CONCERNING UNREGULATED TOWING TRUCKS OPERATING THROUGHOUT THE
CITY.
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Mayor Suarez: Item 4. Chief Procurement Officer's decision to reject the
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protest of Midtown Towing.
Mr. Cesar Odio: We are asking you to uphold the decision because the claim
was... At the time that they made the proposal, they submitted the proposal,
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they claimed that the RFP (request for proposals) allowed a thirty -day period
to remedy the deficiencies. Unfortunately, the RFP did not require that
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provision. And the deficiencies, therefore, stand.
Ms. Judy Carter: Do you want me to respond on that?
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Mayor Suarez: At least tell us where we are in the bid process and what the
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recommendations are. Obviously, this is a protest, so somebody has been
disqualified.
Ms. Carter: Yes, sir. Someone in the name of Midtown Towing was disqualified
for failure ...
Mayor Suarez: Are they applying for a zone, or for the entire City, or what
are we doing here?
Ms. Carter: No, they are interested in zone one. They have filed for
consideration in zone one. OK?
Mayor Suarez: How many other applicants for zone one?
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Ms. Carter: There is one other that is being submitted on a separate item.
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The company's name is New Way Towing.
Mayor Suarez: What do you mean by a separate item?
Ms. Carter: The item for award. This is the protest we are considering.
Mayor Suarez: I understand that. The award and the protest, in a sense, are
not the same item, but are they the same RFP,...
Ms. Carter: Yes, sir. Yes, sir.
Mayor Suarez: ... the same zone?
Ms. Carter: OK. What about the other zones? When are we acting on them?
70 April 30, 1992
x \.
Commissioner Plummer: The next item.
Vice Mayor Alonso: Next item.
1
Ms. Carter: That's the next item. 5. We're dealing...
Mayor Suarez: Is Midtown Towing in any way involved in any of the other bids
for any of the other zones?
Ms. Carter: They are not being recommended in item 4 because they have been
disqualified.
Mayor Suarez: As to all of them?
Ms. Carter: As to all of them, yes.
Mayor Suarez: Did they in fact bid as to any other zones other than the one
that you just mentioned?
Ms. Carter: We'll have Nancy... I don't think so.
Mayor Suarez: All right.
Jesse McCrary, Esq.: Mr. Mayor, Jesse McCrary.
Mayor Suarez: OK, Counselor.
Mr. McCrary: On behalf of Midtown Towing,...
Ms. Carter: No, sir.
Mr. McCrary: ... Midtown Towing did not bid on any other one.
Ms. Carter: No, they were interested in zone one.
Mayor Suarez: You understand these questions, for us, are important?
Ms. Carter: Sure, I understand.
Mayor Suarez: Give us an idea that someone that maybe didn't make it in one
zone, maybe has a shot at another, or they are disqualified globally or not,
and I guess we're going to hear why exactly are they being disqualified? The
Manager stated on the record something about a thirty -day time limit. But I
sure didn't catch what the import of it was.
Ms. Carter: OK. Permit me to...
Mayor Suarez: Please.
Ms. Carter: ... begin at the beginning. First of all, let me correct the
resolution memo. There were seven, I'm sorry, six proposers that were
disqualified, not seven. That the protest letter was submitted to them on
March 18, 19... Rather they filed a protest on March 18, 1992, not February
25th. So with those corrections, I'll now proceed. We mailed notices of
71 April 30, 1992
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disqualification to six proposers, one of which is Midtown Towing. They were
disqualified for failing to meet the minimum qualifications as required in the
RFP 9091107 as per its bid specifications. The substantive deficiencies that
Midtown did not meet were, one, they are not properly zoned to have towing
storage. Two, they do not have the appropriate license for towing storage,
and there are some other deficiencies, but those were the two substantive
deficiencies that caused this office to find that they were to be
disqualified.
Mayor Suarez: License. You mean occupational license?
Ms. Carter: No, meaning license to have a business of towing...
Mayor Suarez: By whom?
Ms. Carter: And towing storage.
Mayor Suarez: By what entity? If it's not an occupational license, what
license are you talking about?
Commissioner Plummer: Who issues that license?
Vice Mayor Alonso: They don't have the zoning. The appropriate zoning.
Ms. Carter: They did not... That's why they don't have the license, because
they don't have the zoning.
Mayor Suarez: Ahl So it's really the same deficiency although the license
results from it.
Ms. Carter: One comes as a result of the other, obviously.
Mayor Suarez: All right.
Ms. Carter: As a result of those, or rather the notice, a protest was filed
by Mr. McCrary on behalf of Midtown Towing. And what essentially Mr. McCrary
cites is that...
Mayor Suarez: Why don't we hear from Mr. McCrary on that?
Ms. Carter: Oh. OK.
Mayor Suarez: From your standpoint, the zoning is improper, presumably as to
their main site, or their only site, that is part of this application?
Ms. Carter: It is their qualifying property...
Mayor Suarez: All right.
Ms. Carter: ... at 551 N.W. 72nd Street.
Mayor Suarez: OK. Well, let's hear then from the applicant. Counselor.
72
April 30, 1992
Mr. McCrary: Mr. Mayor, members of the Commission. My name is Jesse McCrary
and I represent Midtown Towing. Ms. Carter has given you the City's version,
and I'm sure that we all recognize that there's another version to that.
Commissioner Plummer: Or you wouldn't be here.
Mr. McCrary: Or I wouldn't be here, Commissioner. What the department said
that they gave a number of reasons. The problem with the whole process is if
you disqualify Midtown Towing per Ms. Carter's letter and per our conference
with her, the department says that an applicant who responds to an RFP must
meet all the qualifications on the date that the RFP is responded to. And I
assure you that did not happen. There are seven, or six or seven items that
were cited. For example, they said we did not qualify because the sign was
not visible from the street. Well, about eight thousand dollars had been
spent to paint the building. They also said we didn't qualify because there
were no offices in the building where people could pay. Well, we showed them
photographs from the time that the RFP was done where there had been physical
construction done to improve the premises. In addition to that, the property
not properly zoned. They put that linchpin there. Well, let me tell you. I
assure you that members of the City staff can tell you that the zoning had
been applied for. We had gone through the Planning and Advisory Board, gone
through the Zoning Board and the item was not heard, relative to the zoning,
not because of Midway Towing, but because the City of Miami made an error in
submitting it to The Miami Herald, which postponed the zoning part of that
until this very day. Until this afternoon at five o'clock. So what we have
is a person who made every conceivable attempt, and the City, by its own
error - and I don't say intentionally - but something happened in the City's
procedure which prevented him from having the zoning at the time. Now, when
you look at section 2 of the RFP, and Ms. Carter spoke to this earlier, that
one of the RFPs had indicated that there was thirty -day period if a person who
bidded did not meet the qualifications at the time the bid was awarded, that
there was a thirty -day window in which to correct anything that the department
said you had to correct prior to getting the bid, or you would not have the
bid. That was taken out, that particular language. But section 2 in there
still provides that there is a thirty -day window from the time that the bid is
awarded to a company and the time that the new company takes over. The
department now takes the position, I believe by its reply to me, that that
window of thirty days is not for the applicant to correct what may be some
deficiencies, but is for the sole purpose of administratively having them to
change over from one system to another or from one bidder to another.
Respectfully, as to the license, Mr. Mayor, we don't have the license because
we don't have the zoning, but we don't have the zoning because of government's
fault. It is not his fault. He has gone through every conceivable thing.
Now at the Planning Advisory Board and the Zoning Board, we demonstrated to
both bodies that this organization had spent more than one hundred thousand
dollars in revamping an area of Miami that was totally dilapidated, that had
homeless people sleeping in it, wherein the owners of other businesses across
the street from it came forth and testified at both hearings that they wanted
the business there and that they had made a substantial improvement. If one
would look at the files, you will see that there is a remarkable difference
between what was there and what was not there. Now, the other matter that
they said we didn't qualify is that the structure...
Commissioner Plummer: Jesse,...
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73
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April 30, 1992
Mr. McCrary: Yes, sir.
Commissioner Plummer: ... can you hold for one second? Mr. Mayor. I think
in fairness we should inform anyone here not on this item that we're going to
lunch immediately following the conclusion of this item and there's no reason
for them to sit here, but to come back at two thirty. I just can't see them
sitting here any longer.
Mayor Suarez: The one after this is the award of all the other contracts for
towing?
Commissioner Plummer: We may or may not take that up.
Mayor Suarez: Do we have disputes and protests as to all those?
Commissioner Plummer: Yes, you have other protests.
Mayor Suarez: All right. It doesn't sound like we're going to do much more
than this, that's for sure.
Mr. Odio: No, we only have this one, that I know of.
Commissioner Plummer: You're going to have another one.
Mr. Odio: Oh, you do have? Well, just for the record...
Mayor Suarez: All right. Maybe not a protest, but maybe a contest, which
is...
Ms. Carter: That has not been filed to me.
Mr. Odio: Just for the record on the zoning matter...
Commissioner Plummer: Heavy discussion.
Ms. Carter: Perhaps, could I first of all...
Vice Mayor Alonso: Excuse me.
Mayor Suarez: Wait. Vice Mayor.
Vice Mayor Alonso: May I ask a question? It will help us make a decision.
Commissioner Plummer: Excuse me, please. Jesse, I'm sorry that I interrupted
you, but I just wanted to be courteous to the other people.
Mr. McCrary: That's fine, Commissioner.
Commissioner Plummer: Now everybody else is going to jump on you. I'm sorry.
Mr. McCrary: Yes, sir.
74 April 30, 1992
Vice Mayor Alonso: And since you got all kinds of interruptions, I want to
ask a question that relates to this. How long have they been in operation at
this location?
Mr, McCrary: At this location, the company is not operating at this location.
But they are...
Vice Mayor Alonso: So they have not opened for business at this location?
Mr. McCrary: They are not open for business at the particular location. They
are open for business on N.W. 79th Street and N.W. 154th Street. As to the
business being a going business, it is. But at this location, Commissioner,
they are not operating.
Vice Mayor Alonso: OK. No, I just wanted the clarification,..
Mr. McCrary: Yes.
Vice Mayor Alonso: ... if they were operating without a license from this
location prior to this bid. They were not?
Mr. McCrary: That's correct, Commissioner.
Vice Mayor Alonso: Thank you.
Ms. Carter: Let me alert the Commission, if I might, to a couple of things.
Number one, be aware that on this day item PZ-10 the Commission will consider
this very item that Mr. McCrary is referring to with regard to the change in
the zoning, and you will also note that on that item, the Planning, Building
and Zoning Department indicated approval, the Planning and Advisory Board's
motion for approval failed. Three -fifths constituting denial, and there are
some other comments made in that section that suggest that there shall be a
period that must be provided for to allow for this process to be complete, and
it says that at the meeting that this comprehensive plan amendment will be
subject to a ninety -day review by Florida Department of Community Affairs.
Commissioner Dawkins: Mr. Mayor, may I hear from a member of the Board? Dr.
Hedgepeth, will you come forward and tell me what happened?
Dr. Quinton Hedgepeth: First, I want to point out to Mayor Suarez that I'm on
,. the Planning Advisory now, not Waterfront, and I was just simply saying that I
support the Planning Advisory in their recommendation of granting this group a
necessary zoning change to support their moving into their new facility. It
would be an asset to the community. The community is really going down, and
these people have already invested a large sum of money into the property, and
the only objection has been the nearest competitor. That's been the only
j objection to this actually occurring.
Mayor Suarez: Who was that?
Dr. Hedgepeth: The nearest...
Mr. McCrary: That was New Way.
75 April 30, 1992
Dr. Hedgepeth: Yeah, the only objection was the nearest competitor. That's
all.
Commissioner Dawkins: Thank you, sir.
Dr. Hedgepeth: Quinton Hedgepeth.
Commissioner Dawkins: Give them your address, Dr. Hedgepeth. Name and
address.
Dr. Hedgepeth: Address, 4085 Bonita Avenue, Coconut Grove.
Commissioner Plummer: Just so you don't get into trouble later, please have
put on the record you're speaking as an individual and not for the Board.
Dr. Hedgepeth: I'm speaking as an individual. The Planning and Advisory
committee, as she indicated, voted against it.
Commissioner Plummer: OK. Just...
Dr. Hedgepeth: I'm Commissioner Dawkins' representative, so I did discuss it
with him.
Commissioner Plummer: You're appearing here today as an individual?
Dr. Hedgepeth: Appearing here as an individual.
Commissioner Plummer: OK.
Commissioner Dawkins: Private citizen.
Commissioner Plummer: And just for the record, in my portfolio and backup,
there is an objection from the Carver YMCA (Young Men's Christian
Association). There is another objection.
Mr. McCrary: Commissioner.
Commissioner Plummer: Just for the record.
Mr. McCrary: Yes, sir. Commissioner Plummer, respectfully, let me tell you.
There was something read. There was no representative from the Carver YMCA.
Commissioner Plummer: Yeah. I have a letter, Jesse.
Mr. McCrary: Commissioner.
Commissioner Plummer: I have a letter from them. It's a part of my package.
Whether they were there represented or not, I don't know.
Mayor Suarez: A clarification on the issue of zoning. Has an undue hardship,
has an excessive delay taken place here that could fairly be attributed to
government? I mean, typically, you would expect, Jesse, that the client
would - not the client, your client - the applicant would fulfill all of the
requirements at the time of the application and not expect some governmental
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body, which happens in this case to be the same one that is making the other
decision, to complete its rezoning...
Mr. Odio: Well, let me read for the record what 1t says here. They turned it
down because it's the law. What it says here "At this meeting of the 2/19/92,
the Planning Advisory Board made a motion by a vote of eight zero requesting
the staff to prepare and present a zoning ordinance text amendment within
three months to the C-2 zoning district, principal conditional uses, to permit
towing services as a special exception with buffer conditions. In other
words, the law doesn't allow for the Planning Advisory Board to approve this.
That's what I'm assuming. And the Board requested a change on the law.
Mayor Suarez: Did we, in any way, delay in all the proceedings.., -
Mr. Odio: No, we...
Mayor Suarez: ... that would lead up to today's hearing...
Mr. Odio: No.
Mayor Suarez: ... which, 1f granted, would otherwise place them in
compliance?
Mr. Odio: No. In fact the Building and Zoning Department wanted to recommend
for this.
Commissioner Plummer: You know, I think what we're really... We're getting
into the zoning aspect and I understand that that's what is being used as the
defense. Now the problem I think that you have here is that's not what our
item is. It's a protest to overrule the protest, and I think what we're
looking at, as I know our bidding procedure, on the day that you submit your
bid, you must be in compliance with that which is in fact you're bidding for.
If that in fact is the case in this particular instance, number one Jesse is
absolutely right, but he's wrong. It wasn't our goof, and it's the first time
I've ever known The Miami Herald to admit they made a goof, and they do admit
it.
Mr. McCrary: They make them all the time.
Mayor Suarez: There was a delay. There was a delay. We should have had all
these hearings...
Commissioner Plummer: OK. I'm saying there was.
Mayor Suarez: Right.
Commissioner Plummer: He's right there.
Mayor Suarez: Right.
Commissioner Plummer: But he said it was our fault. It's not our fault.
Mr. McCrary: No, I didn't say yours, I said...
rr,
Commissioner Plummer: OK.
Mr. McCrary: ... something happened in government.
Commissioner Plummer: The point I'm trying to make, Jesse, is that even had
it been heard on time, it would have not been in compliance for this reason,
as you're very much aware. Number one, it had to come to this City
Commission, which it would have done at the earliest, I think, today. Then it
doesn't become law, even if we pass it here, for thirty days, and under the
new State law, it's an additional ninety days for the State Department in
Tallahassee to review. So what I'm saying, in essence, is that if compliance
is deemed necessary on the date of the bidding closing, there was no way that
could have been accomplished, regardless of the goof -up with the Herald.
There was just too many days involved. They started a little late is the
truth.
Vice Mayor Alonso: I cannot overlook at the comment that she made. She said
they started two years ago.
Mrs. Lauraine Lichtman: Yes, we...
Vice Mayor Alonso: Could you go to the mike, please?
Mayor Suarez: Give us name and...
Vice Mayor Alonso: What do you mean with two years ago?
Commissioner Dawkins: Name and address.
Mayor Suarez: Name and address, please.
Vice Mayor Alonso: Name and address.
Mrs. Lichtman: My name is Lauraine Lichtman and my home address is 2255 N.E.
120th Street. Me and my husband and Midtown Towing, when we decided that we
wanted to bid for the City of Miami contract, we drove all over looking for
property and there was none available. Yes, I could have found the piece of
property and said I could fit a hundred cars in there, but we were looking for
something that was right. We acquired this property how long ago? Two and a
half years ago
Unidentified Speaker: (OFF MIKE) September of 190.
I
Mrs. Lichtman: September of 190, which the pictures indicate when we started
with the zoning change, when we started with rebuilding the property, and it's
not like I just went out and said well I want the City tomorrow and I'm going
to do it, and I've been working on it for a long time and I've been trying to
do it the right way.
Vice Mayor Alonso: Yes, but you did not start this application two years ago.
Mrs. Lichtman: No, I started the zoning which could have been approved and I
wouldn't have had the problem I have this morning when I started two years ago
In September of 190.
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78 April 30, 1992
Vice Mayor Alonso: Sergio, would you clarify? Because this is important that
people don't get the idea that 1t takes two years before they have an
opportunity to come in front of the Commission for approval.
Mr. Sergio Rodriguez: I am assuming that we're dealing with... PZ-10. Yeah,
the application that has been signed by them is dated January 16, 1992.
Vice Mayor Alonso: OK. Thank you.
Commissioner Plummer: If you want to say something, put it on the record.
But you've got to go up there, one of the mikes.
Vice Mayor Alonso: Yes. State your name and address for the record.
Mr. Howard Lichtman: My name is Howard Lichtman, my address 2255 N.E. 120th
Street, North Miami. I'm the owner and president of Midtown Towing. The
original RFP was issued on January 21st of 1992. A week after being issued,
they were rescinded and there were parts of that RFP that were deleted. The
part that we're talking about here in which qualifying companies have thirty
days after the award of the bid to correct any deficiencies was deleted. That
was in there. Now I don't know what purpose this serves to delete that from
the RFP. That was deleted.
Mayor Suarez: Let's check something on that.
Mr. Lichtman: That affected me.
Mayor Suarez: What did it say exactly? Did it every say anything like that?
To correct any deficiencies.
Mr. Lichtman: Yes, sir.
Ms. Carter: The original RFP that he is referring to did in fact have a
provision that says all towing agencies that submit applications for
consideration shall either meet the following minimum qualifications or
provide for each deficiency an affidavit stating that deficiencies shall be
made up within thirty days of bid award. If the minimum qualifications are
not met, or affidavits not submitted, the application will be rejected. The
RFP, as you can recall, was rescinded by this City Commission because they had
concerns and wanted certain changes to be made.
Mayor Suarez: OK. Why did you take that operative wording out? - if you did.
Ms. Carter: You did.
Mayor Suarez: You did.
Ms. Carter: It was part of the...
Mayor Suarez: You did, me did?
Ms. Carter: Me did meaning...
79
April 30, 1992
C7
Mayor Suarez: We did.
Ms. Carter: ... City Commission did. It was part of...
Mayor Suarez: Why did we take 1t out?
Commissioner Dawkins: OK. I'll put it back in and throw the whole thing back
out and rebid it. Since nobody don't know why I did it. Hey, they don't know
why we did it.
Mr. Ron Williams: Mr. Mayor. You expressed concern, and let me just try and
clear up a couple of, clear up some sequence here. We brought to you a draft
of the proposed RFP. We discussed it on the floor. You made changes. One of
those changes was that you wanted the vendors or the respondents to be fully
in compliance at the time they submitted them.
Commissioner Plummer: Now that makes sense.
Mr. Williams: We released that...
Mayor Suarez: Because we've had a lot of problems with subsequent compliance.
Mr. Williams: We released that document that you approved and this firm did
not meet the requirements.
Mr. Odio: Even if we had had that clause in there, they could not comply
because they still don't have the zoning.
Mayor Suarez: OK. What you're saying is that they would not have met the
thirty day provision in any event. All right. Anything further from Mr.
McCrary?
Commissioner Plummer: Well, and it's assumed that they're going to be granted
the zoning, which may or may not happen.
Mr. McCrary: Mr. Mayor. Had not... All we are asking is that we be
considered along with whoever else for the contract. If, by chance, we were
lucky enough to get it, and that's no guarantee, then the responsibility
obviously is ours if we cannot correct that in thirty days. But what has
happened here is that no one has said that it is not a qualified bidder, and
all we are saying is evaluate our proposal just as you evaluate the others,
and if we then don't meet what we have to meet, if we don't have the ten -ton
truck, we don't do it. You see, because if you look at what the RFP is and to
avoid problems now, what the RFP requires is that you have a live body for
twenty-four hours a day to respond to the towing, and what I'm afraid you're
going to find, is that you're going to find that whoever you are awarding it
to, other than Midtown, is not going to have that live body, and it's going...
I'm simply saying consider us like you consider everybody else because I'm
afraid that this matter is going to be back before this Commission, and I
don't say that as a threat. I'm saying it simply as something that I'm aware
of in doing this whole process since I've been involved with it.
Mayor Suarez: OK.
80 April 30, 1992
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Mr. McCrary: And if we fail the test, then we fail.
Mayor Suarez: You were making a statement, I think, sir,...
Mr. Lichtman: Yes, sir.
Mayor Suarez: ... and then we're going...
Mr. Lichtman: Mr. Mayor,...
Mayor Suarez: ... to conclude this item.
Mr. Lichtman: ... when the RFP was rescinded in January and reissued in
April, I had no idea that that section was going to be deleted and it cost me
an extra thirty thousand dollars and it cost me nine thousand one hundred
dollars to the City of Miami for the zoning change. If I knew that section
was going to be deleted, I wouldn't have gone for that money, because I had to
work like five years to save the money to start this project here. Mr.
Plummer, you have a letter submitted by the YMCA about my towing business down
there. My competitor is between the YMCA and myself. Why don't they complain
about them?
Commissioner Plummer: Sir.
Mr. Lichtman: They're in between us.
Commissioner Plummer: Ask the writer of the letter, don't ask me.
Mr. Lichtman: Well, I know what's going on here.
Charles can see what's going on here.
Commissioner Dawkins: And he's totally blind.
Anybody can, you know, Ray
Mr. Manuel Gonzalez-Goenaga: OK. Again, I'm going to be very short.
Commissioner Plummer: Here we go.
Mayor Suarez: You're going to be extremely short because you've not even been
recognized. Have a seat, Mr. Gonzalez-Goenaga. That's how short you're going
to be. Have a seat. Have a seat.
Mr. Gonzalez-Goenaga: My car has been towed away when I was arrested and
there was fifty dollars was stolen.
Mayor Suarez: I have no doubt of any of that.
Mr. Gonzalez-Goenaga: And the Police has not done a damn thing.
Mayor Suarez: Have a seat, sir.
Commissioner Dawkins: Be careful. They may show up like they did in LA.(Los
Angeles).
Mayor Suarez: All right, sir. What...
81 April 30. 1992
Commissioner Plummer: Mr. Manager.
Mayor Suarez: ... do we do with this item? R
Commissioner Plummer: Mr. Manager, what do you recommend, sir?
Mr. Odio: We have no choice. We have no choice but to recommend that you
uphold the decision to reject the protest of Midtown Towing.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Dawkins: What's the motion?
Mayor Suarez: To reject the protest.
Commissioner Plummer: To uphold the recommendation of the department.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? If
not, please call the roll.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'll wait till later. I vote yes. I'll wait till the
next one to bring up what I've got to bring up.
Mayor Suarez: OK. So moved and seconded. Any further discussion?
Commissioner Dawkins: But I'm concerned - I'm going to tell all of you out
here - now here's a female and another guy trying to get a license, and I've
been sitting here for eleven years going through this and I have yet to see
the City of Miami Procurement Officer produce a black firm to bid on this
towing. Now, don't tell me it's my responsibility.
Commissioner Plummer: Are there any?
Commissioner Dawkins: There are some black firms out there, and yet my
Procurement Officer can spend all of this time rejecting this offer, but they
can't find me a black firm, and I've got a problem with it.
Mayor Suarez: Call the roll, Madam City Clerk.
Vice Mayor Alonso: Before I vote...
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Before I vote, I'd like to ask again the Administration.
Do we have any other alternative to help these people?
{ 82 April 30, 1992
w_
Mr. Odio: Not according to the RFP. No.
Vice Mayor Alonso: OK.
Mr. Odio: I wish we could, we can't.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-253
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF MIDTOWN TOWING OF
MIAMI, INC., IN CONNECTION WITH REQUEST FOR PROPOSALS
("RFP") NO. 90-91-107, TO PROVIDE TOWING AND WRECKER
SERVICES TO THE CITY OF MIAMI, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
ABSENT: None.
Mayor Suarez: We do have an alternative which has to do with the term that we
grant any of these, and we'll be looking at that in item 5 because then they
can come back in within a shorter span of time and compete again, hopefully
with your zoning in place. Ladies and gentlemen, we are adjourned unless...
Commissioner Plummer: Mr. Mayor, may I inquire?
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: Mr. Manager, when you come back, I want somebody to be
prepared to talk further on the issue of towing. I am extremely concerned
about these little renegades that are running around out here on the street.
I think that we have control that we're not exercising, and I'd like to have
some input on that when we come back from lunch.
,k
`i
83 April 30, 1992
i
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON -
RECESS AT 12:11 P.M. AND RECONVENED AT 2:39 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE AND COMMISSIONER DAWKINS.
------------------------------------------------------
NOTE FOR THE RECORD: At this point, the Mayor
recognizes Ehe presence of Hialeah Councilwoman
Natasha Millan, former County Commissioner Beverly
Phillips, and former State Representative Humberto
Cortina.
------------------------------------------------------
-------------------------------------------------------
NNOTE_: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF THE REGULAR AGENDA ITEMS IN
ORDER TO CONSIDER ITEMS FROM THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
-------------------------------------------------------
------------------------------------------------------------------------------
10. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 351 N.W. 5 STREET FROM HIGH DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: YWCA).
------------------------------------------------------------------------------
Mayor Suarez: We've got a quorum.
Commissioner Plummer: OK. We've got a quorum.
Vice Mayor Alonso: Vice Mayor Alonso, we just introduced a very dangerous
trio of present and former public officials, all of whom, I believe, are here
related to PZ-1 and we've got other matters schedule also, but I think we
could probably handle PZ-1, 2 and 3, which apparently are not controversial
and then the rest of the planning and zoning agenda items, so don't be scared
if you have other items, are not scheduled until much later in the afternoon.
Vice Mayor Alonso: Yeah. The three of them great people so we should vote
for them.
Mayor Suarez: Public officials who are here and who are presumably not here
in a compensatory capacity, at least the City Councilwoman. You're not being
paid for this, right, Miss Millan? All right. What is this about, Guillermo?
Commissioner Plummer: Lucia is representing "Camino Bon Bon."
Mayor Suarez: There's a nickname associated with Mr. Cortina. It wasn't
quite...
Commissioner Plummer: I didn't say that. I said "Camino Bon Bon."
84 April 30, 1992
I
Mayor Suarez: It wasn't quite what Plummer said, but it's close. Yes.
Mr. Guillermo 0lmed111o: Thank you, Mr. Mayor. PZ-1 and PZ-2 are companion
items, and this is the second reading for a change in the comprehensive plan
in the zoning for this particular piece of property located at 351 N.W. 5th
Street. The change is from the multifamily designation to...
Commissioner Plummer: Is this item 1 and 2?
Mr. 0lmedillo: 1 and 2, yes, sir.
Commissioner Plummer: I move item 1.
Vice Mayor Alonso: Second.
Mayor Suarez: Is anyone opposed to this matter? If so, would you please step
forward. Let the record reflect that no one did. Moved and seconded as to
PZ-1. Is there...
Commissioner Plummer: And I only did that to cut Humberto out of his fee.
Mayor Suarez: And counselor, too. You want to make sure that she's doing
this on a pro bono basis, right? OK. Read the ordinance. Call the roll,
please.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 351 NORTHWEST 5TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM HIGH DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of November 14,
1991, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
r
85 April 30, 1992
f
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10969.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
11. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
351 N.W. 5 STREET FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL (Applicant: YWCA).
NOTE FOR THE RECORD: Commissioner Dawkins entered the
meeting at 2:41 p.m.
Mayor Suarez: PZ-2. Companion item.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll on the item. Is it an ordinance?
Commissioner Plummer: Yeah.
Miriam Maer, Esq.: It's an ordinance.
Mayor Suarez: Please read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE
PROPERTY LOCATED AT 351 NORTHWEST 5 STREET, MIAMI,
s FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY
f' MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF
1 SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
j' A SEVERABILITY CLAUSE.
l
Passed on its first reading by title at the meeting of November 14,
1991, was taken up for its second and final reading by title and adoption. On
#' motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
86 April 30, 1992
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr. _
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10970.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Ms. Hirai: Commissioner Dawkins. It's PZ-2, sir. Are you voting on it?
Commissioner Plummer: Be careful, Miller. Be careful, Cortina's involved in -
_ this.
Commissioner Dawkins: How did I vote last time? I voted denial? Wait a
minute. Let me see.
Mayor Suarez: First impression, right?
Commissioner Plummer: Give him one of each.
Vice Mayor Alonso: You voted for it, Commissioner.
Ms. Hirai: It was a unanimous vote.
Vice Mayor Alonso: You voted in favor last time.
Commissioner Dawkins: I voted in favor?
Vice Mayor Alonso: Yes.
Ms. Hirai: It was a unanimous vote.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Thank you. Go and sin no more. Do a good job.
Ms. Beverly Phillips: (OFF MIKE) Thank you very much.
Mayor Suarez: OK. Commissioner...
Commissioner Dawkins: Oh, I didn't... If I had known it was you, I would have
voted no. Hey, Bill. How are you doing, Bill? OK.
87 April 30, 1992
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 2:42 P.M.
12. CLOSE, VACATE, ABANDON AND DISCONTINUE PUBLIC USE OF THAT PORTION OF
N.W. 21 STREET LYING EAST OF EASTERLY RIGHT-OF-WAY (ROW) LINE OF N.W. 12
AVENUE AND WEST OF THE WESTERLY ROW LINE OF N.W. 11 COURT, FOR PROPERTY
LOCATED AT 2041 N.W. 12 AVENUE (JETRO CASH AND CARRY SUBDIVISION).
Mayor Suarez: PZ-3.
Commissioner Plummer: I move it.
Mayor Suarez: Moved.
Commissioner Dawkins: That's J. L.'s project. I second it.
Mayor Suarez: Seconded.
Commissioner Plummer: Mr. Mayor, just for the edification, and on the record,
this organization has given the wholesale cost of five thousand dollars of
food for the homeless of this City and the Manager will do what is necessary.
I think it is a fine gesture on their part. God knows they'll get a lot more
than five thousand worth of value when they get it wholesale from the
wholesaler. I move item 3.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance.
Commissioner Plummer: No, it's a resolution.
Miriam Maer, Esq.: It's a resolution.
Ms. Hirai: It's a resolution, sir.
Mayor Suarez: Call the roll.
88 April 30, 1992
e The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-254
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 21 STREET LYING EAST OF THE EASTERLY RIGHT-
OF-WAY LINE OF NORTHWEST 12TH AVENUE AND WEST OF THE
WESTERLY RIGHT-OF-WAY LINE OF NORTHWEST 11TH COURT FOR
THE PROPERTY LOCATED AT 2041 NORTHWEST 12 AVENUE,
MIAMI, FLORIDA, SAID ACTION BEING A CONDITION FOR THE
APPROVAL OF TENTATIVE PLAT NO. 1276B - "JETRO CASH AND
CARRY SUBDIVISION."
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
UUNKIDERATION OF ITEMS ON THE REGULAR PORTION OF THE
AGENDA.
NOTE FOR THE RECORD: At this point, although absent
during roll call, Commissioner De Yurre requested of
the Clerk to be shown as voting yes on Resolution 92-
250 (See label 5).
Commissioner De Yurre: Mr. Mayor, let me record my yes vote on the issue on
the Ralph Sanchez project over at Bicentennial Park.
Mayor Suarez: OK.
Commissioner De Yurre: I believe I was away from that vote.
89 April 30, 1992
Mayor Suarez: All right. '
13. APPROVE PROPOSALS OF CERTAIN TOWING AGENCIES, FOR FURNISHING TOWING AND
WRECKER SERVICES TO CERTAIN ZONES IN THE CITY.
------------------------------------------------------------------------------
Mayor Suarez: On item 5. Morning item 5. Towing contracts. We have at
least one controversy remaining?
Commissioner Plummer: Well, I think there might be more.
Mayor Suarez: OK.
-� Commissioner Plummer: I want to ask a question as I asked prior to lunch.
What, if any, control do we, the City Commission, have over these little
renegades that are running around hooking up to cars? I think half of them
{ they're stealing. And the other half of them, they're doing whatever the hell
they want. Do we, as a City, have control over the wreckers that operate
within our City limits? Do we issue them licenses to operate?
Officer Arthur Moe: That's correct. Since I've taken over handling the
complaints of this detail, I have averaged anywhere from twenty to thirty
complaints each month, and most of them do come within these gypsy wreckers
i that I have discovered. You have blatant rip-offs, and we do control them. I
have made several arrests.
Commissioner Plummer: Do we issue them a license to do business?
Officer Moe: Only from private property towing in the City of Miami, they are
issued licenses.
Commissioner Plummer: Is that a license that can be revoked if they in fact
are abusing the public financially, verbally or otherwise?
Officer Moe: That's correct. Dade County, they must have a Dade County
license issued, and any time I observe a vehicle being towed by private
wrecker without a Dade County sticker, they're stopped and challenged and if
they don't have the proper sticker at that time, they're cited and/or
arrested.
Commissioner Plummer: Well, I want to tell you. I assume my colleagues are
the same way, are getting complaints about these little renegades that have a
pickup truck and a chain and they call themselves a tow truck. And I've seen
some really imaginative names on the side of these cars. But to me, I'm very
leery of them.
Commissioner Dawkins: To carry through on what Commissioner Plummer is
saying, I don't understand how - especially in my neighborhood - it's just a
truck, got no name on it, it's got maybe a phone number, and it's constantly
doing nothing but circling in the block and nobody stops it and nobody runs it
90 April 30, 1992
out, and then two or three days later, somebody's knocking on my door saying,
like Mr. Copeland, they have taken his car, he can't find it. Then he finds
it and it's in some storage area, and I don't see nowhere in the contract that
we got today where this individual who took the truck to their compound - for
the lack of a better word - is licensed to pick up cars in the City of Miami.
I want to sit with somebody and I'm going to personally start riding around
and get tag numbers, and somebody's going to have to take these people off the
streets, because they are ripping people off and now I guess most of the cars
end up at the chop shop. And my friends out here, I don't even see them
complaining. I mean, they should be helping me police. They should be
showing me that "Piccolo Pete" is not licensed. OK? But they don't do it.
Officer Moe: I agree, Commissioner. Again, they are required to have a Dade
County license, and again, I spent a good majority of my time on street
1
patrol, constantly monitoring...
i Commissioner Dawkins: We can't do it all. We can't do it all, Officer.
We've got to have assistance from those who are legitimate who know whose not
i
legitimate and they've got to help us to police their industry.
Officer Moe: Any complaints that I receive, I always follow them up, again,
trying to locate the specific company and determine if any violations are made
with the Dade County ordinances and any other violations.
Commissioner Dawkins: Are you telling me that an individual only needs to go
to the County, obtain a occupational license that it wants to operate a tow
truck, and that individual can pick up any place in the City of Miami?
Officer Moe: Any place on public property. On private property...
Commissioner Dawkins: Beg your pardon?
Officer Moe: Any place on public property. On private property...
Commissioner Dawkins: On the streets of the City of Miami?
Officer Moe: That's correct.
Commissioner Dawkins: Why, sir?
Officer Moe: There is no ordinance in the City of Miami that provides for a
license for picking up on public property. We have the ordinance, 9762, and
10567 which governs private property.
Commissioner Dawkins: Well, how can we do what Commissioner Plummer wants to
do?
Commissioner Plummer: Well, that's why I asked do we license these people?
If we license these people, then we can hold them to some code which...
Mayor Suarez: Before we did the private towing, we had already regulated the
towing that is initiated by us, presumably because the people are in public
property. But not...
91 April 30, 1992
0
Commissioner Plummer: Mr....
Mayor Suarez: ... in public property and we don't initiate it, who in God's
name, is initiating towing from public properties if we are in fact... Unless
it's DOT (Department of Transportation) or County.
Commissioner Plummer: That's it. That's it. Mr. City Attorney, I would
appreciate you working with, unfortunately, the Police Department, because I
don't think towing should be under Police Department. I think it should be
under GSA (General Services Administration). But work with whoever to try to
come about, to try to stop these renegades, or "Piccolo Pete" as he's referred
to, from ripping off the public of this community, because there's no question
in my mind. And if we can issue a license which we can then hold them to a
code of conduct, I think is Utopia. But I don't know if it's legal. So I
would appreciate you looking into that for the benefit of our citizenry.
Mayor Suarez: All right.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right. Very good. OK. On item 5, then. Have a seat, Mr.
Gonzalez-Goenaga. We haven't even heard yet from our staff on the
recommendation.
Mr. Manuel Gonzalez-Goenaga: Oh, I'm sorry.
Ms. Nancy Bahn: Good afternoon. My name is Nancy Bahn.
Commissioner Dawkins: Are you now with the NET (Neighborhood Enhancement
Team) program or are you now with the GSA? The Manager said you're with both.
I don't know how in the hell you can do that, but thank you. Go ahead.
You're with both of them. You're getting paid from which one now?
Ms. Bahn: Well, for one...
Commissioner Dawkins: All right. Show me a budget item that demonstrates
that you're on both budgets and what percentage of your salary is for this one
and what percentage is for the other one. Show that to me. Explain that to
me. Assistant Manager says that.
Ms. Bahn: I'm on the GSA budget.
Commissioner Dawkins: All right. How much of your salary is deducted from
your days' salary for your NET program today and the GSA program that you're
here.
Ms. Bahn: My salary is a hundred percent from GSA.
Commissioner Dawkins: Today?
Ms. Bahn: Today. And...
Commissioner Dawkins: So, therefore, The Miami Herald needs to tell the
public that there is nobody at the Miami City mini -hall today. Because you
are one hundred percent today with GSA.
92
April 30, 1992
Ms. Bahn: There is...
Commissioner Dawkins: No, ma'am. No, no, no. See, you already didn't know
how to explain nothing, now don't start now. Answer a question. You couldn't
explain it, so don't start now. So, therefore, I am correct when I say that
there is nobody today at your station, at your mini -station, today. OK.
That's all. Thank you.
Mayor Suarez: OK.
Commissioner Plummer: I think the best part of that is trying to tell the
Herald anything. I didn't believe them before Jorge Mas.
Mayor Suarez: May it be well received, well digested, well learned, well
absorbed and well printed later in the pages of the "Palace of Malice by the
Bay." Yes.
Ms. Bahn: First, I passed out to you the attachment to the contract. It's
the zones and this has not changed any over the years. This is the same
zones. I just wanted to make sure you had it in front of you so that you
would know what the zones were when we were referring to them.
Mayor Suarez: How many zones altogether?
Commissioner Plummer: But they're not limited to a zone, are they?
Ms. Bahn: Yes, sir.
Commissioner Plummer: Are you telling me that if one wrecker service in a
zone has all of his wreckers out, that you can't get from another zone to
cover his, if theirs are more important? I'm sure you can.
Ms. Bahn: Yes, you can. Right. But they're primarily assigned to a zone.
Commissioner Plummer: When I ran the ambulance business, we only had so many
ambulances, and if you ran out of them, you had to go to another zone and get
it covered.
Commissioner Dawkins: Yeah, but all the people you deal with can wait.
Commissioner Plummer: They can after I get to them. Your dying's my living.
Go ahead.
Ms. Bahn: And you have...
Mayor Suarez: You obviously had a great lunch, all of you guys.
Commissioner Dawkins: I don't have a copy of that.
Ms. Bahn: You have before you the agenda item.
Commissioner Dawkins: I don't have a copy of that.
93 April 30, 1992
Commissioner Plummer: Huh? Here, take mine.
Commissioner Dawkins: Thank you.
Commissioner Plummer: I know it by heart after twenty-two years.
Ms. Bahn: The agenda item is that the staff has reviewed the firms that have
proposed to provide wrecker service to the City of Miami, primarily the Police
Department, and the qualified firms have been determined. In most zones,
there is primarily one qualified towing company. On the second page of your
agenda item, you'll see in zone number one, since you upheld the bid protest
resolution by the Chief Procurement Officer that New Way Auto Service is the
only qualified applicant in the zone. That is the company that would be
available to provide service. In zone number two, there are three qualified
companies. Banos Towing Service Corporation, Downtown Towing Company and
Nolan's Garage. Zone three, there is one qualified company, Molina Towing.
Zone four, there is one qualified company, Blanco Towing. Zone five, there is
one qualified company, Ted and Stan's Towing. Zone six, there were two
qualified companies, but one was in the zone, one was out of the zone. The
company in the zone is Southwest Transport, Inc. doing business as Southland
Towing, and they are recommended to receive the award. Blanco Towing is the
company also in zone four.
Commissioner De Yurre: What makes a company qualified to be in one particular
zone as opposed to another, or qualified or not qualified?
Ms. Bahn: The applicants, on their application, indicated which zones they
were applying for, and we considered them in the zones that they applied for.
And then the qualifications were set forth in the RFP (request for proposals),
and we reviewed the qualifications.
Commissioner Plummer: Does their place of business have to be in the zone
they apply for?
Ms. Bahn: Preferably...
Commissioner Plummer: It makes sense to me that they would.
Ms. Bahn: Yes. Preferably that would be the case. In those cases where
there is no qualified company...
Commissioner Plummer: In that zone.
Ms. Bahn: ... who applied to provide the service in the zone, then, of
course, the one that did apply... Many of them are very close to the boundary
of the zone.
Commissioner De Yurre: So you're telling me that in zones three and four none
of these companies are in those two zones?
Ms. Bahn: In zone three and four, correct. There were no qualified companies
that applied to provide the service in those zones.
94 April 30, 1992
Commissioner De Yurre: But were there any companies that applied that are in
one of those two zones? Qualified or not.
Ms. Bahn: Yes, in zone three, Diaz Towing applied. That company, I believe I
recall, applied for every zone.
Commissioner De Yurre: OK.
Ms. Bahn: Also, in zone four, Diaz applied again, and also I believe Banos
applied in that zone.
Commissioner Plummer: Diaz is not in three. Diaz is in five.
i
' Ms. Bahn: Diaz applied in every zone.
Commissioner Plummer: Oh. But they're not in... You said they were in zone
1 three. They're in zone five.
i
Commissioner De Yurre: Do we have...
—! Ms. Bahn: No, I said... Diaz was an unqualified company. He asked me for
both qualified and unqualified companies. Diaz was not found to be a
qualified company.
Commissioner Plummer: My answer still is the same. Diaz you said was in zone
three. Diaz is in zone five. They're south of the Miami River.
Ms. Bahn: Oh, I see. Their location.
Commissioner Plummer: Yes, ma'am.
Vice Mayor Alonso: Any particular reason you assigned Banos Towing Service to
two instead of four?
Commissioner Plummer: That's what he applied for.
Vice Mayor Alonso: No, she said four. I might...
Commissioner Plummer: He applied. He can apply anywhere. I assume that's
what happened.
Vice Mayor Alonso: No, no, no. She said he applied for four, and I see the
name in number two. Is that right?
Mr. Ron Williams: Banos?
Ms. Bahn: Banos?
Vice Mayor Alonso: Yes.
i Ms. Bahn: Yes. They are in number... They had applied for zone two and they
z
are located in the zone, in zone two.
Vice Mayor Alonso: They applied for two?
{
95 April 30, 1992
Ms. Bahn: Yes, they did.
Commissioner Plummer: Oh, I thought they were in four. What is their
location? 2100 N.W. 25th Avenue.
Ms. Bahn: They are located in zone two.
Commissioner Plummer: Yeah, by one block.
Commissioner De Yurre: Let me ask you this. Do we have here representatives
of all these companies here? For example, New Way. Anybody from New Way?
a Nolan's. Molina. Blanco. Ted and Stan's. Southwest. Downtown. Are you in
1 the tow trucking industry now? Banos. Anybody else? That's about it. OK.
! Mayor Suarez: Commissioner Dawkins.
-1
Commissioner Dawkins: Mr. Manager. Ask your staff how many black firms were
found qualified or not qualified.
Ms. Judy Carter: There were none registered with the City of Miami. However,
we also looked at what firms were registered with Dade County. The one firm
that is registered with Dade County that shows they are black -owned is no
longer in business. There was another firm that was brought to my attention
in the name of Brian. And that was last year. That particular firm, which
was black -owned, is no longer in business also.
Commissioner Dawkins: Mr. Manager, did not this Commission instruct the
Department of Procurement, through your office, that efforts be made to find
black and Latin businesses that could be used in City business and since there
are a number of Latin companies here, according to the directions from this
Commission for three or four years, and yet I have a Procurement Office that
does not know that there are at least three black companies owned and operated
out there that can do this work.
Mr. Williams: You're absolutely correct, Commissioner Dawkins. This
Commission has repeatedly directed the Manager and his staff to pursue black
and Hispanic companies. We've done that vigorously in all areas, including
towing. At this point, we did have... Well, let me go back a little bit. I
think the last time we presented this package to you, we did identify one
black -owned firm. We worked with that firm, tried to get them qualified.
They were unable to stay in business throughout the full process. At this
point, Commissioner Dawkins, we solicited to all areas of the community in an
effort to identify black firms and have not identified them.
Commissioner Dawkins: Mr. City Attorney. What's the procedure for creating a
seventh zone that, since my Procurement Officers cannot find black people to
operate in, this seventh zone would be established and I can go out and bring
them a qualified company with the financing, with the equipment and all to do
the job? Mr. City Attorney, what would be the procedure?
A. Quinn Jones III, Esq.: Presently, I guess the way it's configured now,
Commissioner Dawkins, you have six zones. One alternative would be to leave
one of them open or they would have to be configured to create another zone.
That's...
96 April 30, 1992
Commissioner Dawkins: It would be very unfair to the individual sitting out
there for me to sit up here and say take something from them that's already
been given to them. Then I become a bad fellow with them. But yet, I've
constantly asked the Administration to do just what you just told me, to have
limited in scope these six zones and have seven zones with which would have
done... And you could have told me, we have this one, and if you find some
people, we will put them in it. If you don't, we'll have to leave it open.
Mr. Williams: Commissioner Dawkins, if I may. At this point, you don't have
full contracts in any of these zones. We're bringing the package to you now
■ in terms of the applications in response to our RFP process. But at this
point, there are no firm agreements with the City on any of these zones.
-' Commissioner Dawkins: How long have the individuals been operating in the
jzones that they are without a contract?
Mr. Williams: I believe that's been over a year.
Commissioner Dawkins: Well over a year.
Mr. Williams: Yes.
Commissioner Dawkins: And now we should ask them to continue to operate
without a contract because we intend to do something differently?
Mr. Williams: Well, I just wanted to suggest if, taking into consideration
— the Commission's continuous concern about the possibility of black vendors
participating in this program, we could certainly take the effort to identify
these firms, allow them to come into this process through whatever means,
working with the City Attorney's office appeared to be legal, or was actually
legal, and continue to service for the benefit of that concern by the
Commission.
Commissioner Dawkins: This contract is for how long?
Mr. Williams: Two-year contract.
Commissioner Dawkins: And it's to commence on what day?
Mr. Williams: I believe it's essentially thirty days after Commission
decision. And that gives us time to put the contracts in place.
Commissioner Dawkins: So that's... How many days after this?
Unidentified Speaker: (OFF MIKE) Thirty days.
Commissioner Dawkins: So that's June. So in order for me to get a black firm
to make some money towing cars, it would be July, 195.
Commissioner Plummer: Conceivably.
Commissioner Dawkins: That's an incorrect statement?
i
97 April 30, 1992
Mr. Williams: July, 194, wouldn't that be? Two years from July...
Commissioner Dawkins: Ali right. You've got to put the bids out in 194.
They don't come back in 194, Mr. Williams. If this contract goes until ninety
whatever 1t is, you've got to put bids out. And if these gentlemen have to go
through what they went through time, it'll be not one year, it'll be two or
three years.
Mr. Williams: It could conceivably go that long, Commissioner Dawkins. It's
true. That's correct.
Commissioner Dawkins: So, therefore, I may be lucky to get a black firm in
the year 2001.
Mr. Williams: Well, let's hope that it wouldn't take that long, but...
Commissioner Dawkins: I know damn well it won't if I sit here as a
Commissioner.
Mr. Williams: Certainly it is a long process. I agree with you.
Commissioner Dawkins: Mr. Manager, what do you suggest that I do in order to
try to attempt to get a black firm qualified to do some towing?
Mr. Cesar Odio: Pass this to one year. Open it in one year.
Mayor Suarez: And also an opportunity, Commissioner, to have people
previously left out because of some technicalities, let's say, to rebid and
make this a little bit more competitive.
Mr. Odio: I was just talking to Judy. She thinks there might be one company
black -owned but that she doesn't feel that they could...
Commissioner Dawkins: I don't care what. she feels. I want to tell you and
her. OK? Until you give an individual a contract and let that individual
demonstrate whether it can perform or not, there ain't no way in hell you can
tell me what you believe.
Commissioner Plummer: That's not the truth.
Commissioner Dawkins: OK? Ain't no way in hell I would have thought that a
jury would see on TV a man getting beat in LA (Los Angeles) and tell the world
it didn't happen. OK? So tell me how to do it. Don't tell me what the hell
not to do not to get it done.
Commissioner Plummer: May I make a suggestion? May I suggest that we go to
the one-year contract, which I realty don't like, and that at that time,
everybody goes on a month -to -month contract after that until a qualified black
firm is found. In other words, it stops in a year if a qualified black firm
is found. And if there's not they would stay on a year-to-year for an
additional twelve months. I don't know how else you're going to do it.
'. There's only one other idea I had, Mr. Williams. We used to do it in the
ambulance when we did zones. OK? Is that your seventh zone could in fact be
f Citywide dispatched by the Police Department when there was nothing else
available. Now that was a possibility.
98 April 30, 1992
Mr. Williams: Kind of as a floater, or rotator?
Commissioner Plummer: It would be Citywide. When everybody else was busy and
they could not comply with the need, then the seventh firm was called to cover
Citywide. And I don't know that that's the answer. I'm just saying that's
how we used to do it twenty-five years ago.
Commissioner Dawkins: J. L., I would have no problems with doing that as of
now. Because that seventh zone - for the lack of a better word - we could
also encourage the Florida Highway Patrol to use this black firm. We could
also encourage the City of Coral Gables to use this firm when it was backed
up.
Commissioner Plummer: They've got a problem. They only got one firm.
Commissioner Dawkins: We could also encourage Miami Beach to use this black
firm when it's backed up. So I would have no problems, if this Commission,
were to give directions to the Manager to create a ... for a lack of a better
word, and the City Attorney would have to let me know, you know, I don't know.
I don't think nobody's listening to what I am saying. That's why I don't get
a damn thing done up here. Everybody. Nobody's listening to me.
Commissioner Plummer:
Sir, I suggested what your talking about. Mr. City
Attorney, is that a possibility of a seventh zone that would be Citywide
to
take the overage. Is
that a possibility, is it legal, can we do it?
Mr. Jones: Well, as
I indicated, the way you have it configured now,
six
zones, so I would presuppose that that would mean reconfiguring the zones
to
Include a seventh.
Commissioner Plummer:
No. I am talking about it would be Citywide.
Mr. Jones: A Citywide
zone?
Commissioner Plummer:
A Citywide zone.
Mr. Jones: Yeah.
Commissioner Plummer:
To take the overage. Is that ...
Mr. Jones: Yeah. I don't
see any legal impediment to it.
Commissioner Plummer:
I think that that's your answer.
Commissioner De Yurre:
I'll just ask one question and they're all here.
How
many of you have ever
had an overage that you can't fill in?
Commissioner Plummer:
Well, let me put 1t this way Victor.
Commissioner Dawkins:
No let me say this first J. L. No J. L. let me
say
this first.
99 April 30, 1992
Commissioner Plummer: You know what? If they're smart they're going to find
some overage to help out.
Commissioner Dawkins: No. No, let me say this.
Commissioner Plummer: That's where they would be smart.
Commissioner Dawkins: Say this in all honesty. These guys you see back there
have been working trying to help me find... that's why I know it's out there.
These guys, right there, have helped me identify two blacks out there who can
serve. So it's not that they are anti a black serving, I mean, providing
services. It's that this group, over here, has not produced it.
Mr. Jesse McCrary: Commissioner,
Commissioner Plummer's idea.
Mayor Suarez: Yes, counselor...
Mr. McCrary: My name is Jesse McCrary.
May I, respectfully, may I address
Mayor Suarez: Let me just say something that's interesting. The way people
view the world. A special event, I guess, in your business is an event in
which you tow a lot of people's cars away.
Commissioner Plummer: Well you heard the guy about the airplanes the other
night. What building do you go into when your on an airplane? The terminal.
Mayor Suarez: All right.
Vice Mayor Alonso: Just one quick question.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: We are acting on proposals received one year ago right?
One year ago.
Mr. Williams: Right. They were received June 10th, Vice Mayor.
Vice Mayor Alonso: Ninety-one?
Mr. Williams: Ninety-one. Yes.
Commissioner Plummer: But there was a modification in January of this year,
wasn't there? OK. So they were modified and rebid, as I understand.
Mr. Williams: No. These that we have before you are those that were actually
received June 10, 1991.
Vice Mayor Alonso: Could you refresh my mind why it took one year?
Mr. Williams: A couple of factors. One, there is a very extensive
investigative process that goes on with the companies that includes, not only,
issues such as background, previous complaints, service levels, etc. But it
includes certification that the equipment is available in all classes, that
100 April 30, 1992
the facility is proper. All those things that need to be in place when a
frustrated citizen has to go and retrieve their towed vehicle. Another thing
that did happen that slowed that process that's an unusual situation is that
set of investigations was completed in October and then we had some
retirements in the Police Department. Officer Moe and his staff picked that,
that whole set of investigations up, and in his effort to be here to certify
it, to support it, had to do additional and different kind of work. So that
was an unusual situation that did take place in the middle.
Commissioner Plummer: A question Mr. Williams. The question has been asked
of me by the owners, or by the proposers, and I assume it's the same
questions they would all ask. The City Pound is open from certain hours to
certain hours, yet in your RFP you are asking them to stay open twenty-four
hours. It would seem like reasonable, to me, now tell me where I am wrong,
that they should not be required to stay open any longer than the pound is
because they both have the public cars.
Mr. Williams: That's absolutely correct, and just to refresh your memory, we
discussed that in detail here with the representative of the towing industry.
In particular you had concerns, the Mayor had concerns about the availability
of the citizens vehicle at 3:00 A.M. in the morning. You raised that issue to
the point that you asked the towing industry, and their representative, to
insure to this Commission that a citizens vehicle would be available whatever
time. They assured you that they would make those vehicles available.
Commissioner Plummer: And they do that today, even on what they consider to
be an emergency basis, but yet your making it mandatory. What your doing...
if they have to sit somebody there twenty-four hours a day the prices are
going to go up.
Mr. Williams: I don't think the issue is having to sit someone there twenty-
four hours a day. I think the intent of the Commission's concern, and what we
want to achieve through the contract, is that a citizen's vehicle is available
to be retrieved, and the discussions with them they have committed that they
will comply with that.
Commissioner Plummer: Mr. City Attorney you have read this, I am assuming.
Am I incorrect, and I hope that I am, that it's mandated twenty-four hours a
day or it is available twenty-four hours a day? There's a difference.
Mr. Jones: Interpretation, as I see it, is the availability.
Commissioner Plummer: Availability. OK. So that's understood.
Mr. Williams: I have to say, Commissioner Plummer, this resulted in this
Commission's request and the towing industry's full agreement to provide it.
Commissioner Plummer: Yeah, there was a person who came down, I remember.
They were arrested for drunk driving from West Palm Beach. They went to the
can. They came out at three o'clock in the morning. They wanted to go get
their car, and they couldn't get it. I remember that. Should have stayed in
jail until 6:00 A.M. and let them sobered up. Where are we Mr. Mayor?
101 April 30, 1992
Mayor Suarez: I think counselor was getting ready to say something on behalf
of his client.
Commissioner Dawkins: Let him go because they are paying him by the hour.
Mr. McCrary: I'll stay all day then. My name is Jesse McCrary and I -
represent Midtown Towing. Let me address Commissioner Plummer's suggestion,
an alternative to the two year contract. Commissioner, I would quite agree
that that may help solve some of the problem, as this Commission has stated in
principle, at least it's desire to help the people I represent and what might
have been a government snag of some kind. If you go to the month -to -month,
Commissioner Plummer, and you don't put a cap on it...
Commissioner Plummer: I did twelve months.
Mr. McCrary: Twelve months.
Commissioner Plummer: Twelve months. In other words, I said twelve months
guaranteed. After that, month -to -month up to an additional twelve months,
which makes it back at a two year contract.
Mr. McCrary: Right, but you only put it there in terms of finding a black
contractor.
Commissioner Plummer: I am sorry, your clients are white.
Mr. McCrary: No, judge, they're black in their soul though. So that would
qualify them.
Commissioner Dawkins: Go ahead, counselor.
Commissioner Plummer: If you weren't standing in front of that podium I would
tell you what I thought. One for you.
Mr. McCrary: Touche. Got one. All I am trying to do, Commissioner, the
humor aside, all I am trying to do is to put these people in the position, and
one of the things that we never heard from staff was that they were not
otherwise qualified. In terms of what they talked about the investigations
that were done in February, the background, and, obviously, they have to do
that. The rejection that was given to you this morning was based on the
license and on the zoning problem. So absent that I would certainly hope that
this Commission would then see fit, or at the end of that one year period, and
it's probably a good compromise, Commissioner, to send it back out, let it go
on a month -to -month until the RFP is done, and then it comes back to this
Commission. That process may take a year, Commissioner, as it already did,
but at least it allows my people the opportunity to at least get in there and
bid, it allows... satisfies Commissioner Dawkins's concern, I believe, that
GSA would then have some opportunity to seek out some black entrepreneurs in
the towing business.
Commissioner Plummer: Yeah, but you see. Let me tell you the problem with
that, Jesse. There's other firms here beside yours and a black firm. There's
Banos, who would ask for the same consideration. Downtown, that would ask for
the same consideration.
102 April 30, 1992
•
.7
Mr. McCrary: Oh, I would think they would be entitled to it. I
wouldn't want
to see discrimination in any way. I would think that they would
be absolutely
entitled to it. That the persons you award to today...
Commissioner Plummer: When you do that you've eliminated, in
effect, you've
eliminated the bidding procedure.
Commissioner Dawkins:: OK. Mr. Mayor. Mr. Mayor.
Mr. McCrary: No. No, sir.
Vice Mayor Alonso: No he said...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Wait. Wait.
Mr. McCrary: I am saying open it up Commissioner.
Commissioner Plummer: We would do that again back at the time
where it would
be reinstigated at the two year level. That's what I say.
Mayor Suarez: Finish your line of Inquiry, please.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I am along the lines of counsel, but only to a point.
We have a problem with Midtown Towing. Created by, I don't know by whom. I
also have a problem in that I do not have a black towing company. So I would
have no problems, if the other individuals did not have a problem, with
allowing a black firm and Midtown to have the overage, whatever that may be,
and that way the black firm could prove that it can do the job. The black
firm could also benefit from working with these individuals to obtain the
expertise necessary to insure that It could remain in business and remain
competitive, and by the same token, this group, Midtown, would be able to
erase any man-made, God -made or other deficiency that we now say exists. Then
in the end of the two years everybody would know what they're doing and could
bid on the job rather, counsellor, than saying that they are going to sit a
year doing nothing, waiting, and the other guy is going to have the overage,
if such a thing exists. Now, that would be the way I would like to see us
handle it, if it's legal. And with the instructions that next year, I mean at
the end of the two years, a seventh district be drawn and nobody will be given
any quarters. If the individual cannot bid competitively, after having worked
two years at what they're doing, then hey, so be it.
Commissioner Plummer: So what. Let me understand what you said. Your saying
a two year term, that the seventh zone would contain Midtown...
Commissioner Dawkins: And the black firm I am going to...
Commissioner Plummer: And a black term, firm you hope to find.
103
April 30, 1992
Commissioner Dawkins: No, no, no. That I have.
Commissioner Plummer: That you have.
Commissioner Dawkins: Yes.
Commissioner Plummer: That is qualified, of course.
Commissioner Dawkins: And has money and equipment.
Commissioner Plummer: And does exist in the City.
Commissioner Dawkins: In the City.
Commissioner Plummer: OK. For a two-year period?
Commissioner Dawkins: Yes.
Commissioner Plummer: Now, I'll tell you what I think is fair.
Commissioner Dawkins: OK.
Commissioner Plummer: I go one step further than you. Since the black firm
did not apply, as of yet. Banos and Downtown and Midtown and black become the
seventh district. Banos did apply. OK. Downtown did apply and I think if
your going to be fair, and let's understand what zone seven is. When the
other six cannot
Commissioner Dawkins: Who told you I was trying to be fair? OK. Go ahead.
Mayor Suarez: We assumed it.
Commissioner Plummer: The other six cannot accommodate.
Mayor Suarez: Maybe it was a foolish assumption, but we assumed it.
Commissioner Plummer: ... the other four would be considered for the overage.
OK. That's what I think is fair.
Commissioner De Yurre: No. That's not what your trying to say.
Commissioner Plummer: It's not?
Commissioner De Yurre: What your trying to say is that if...
Commissioner Dawkins: Oh. Oh. He's going to interpret...
Commissioner De Yurre: ... zone, for example, something in... an overage in
zone three exists then you would go to the zone seven people. You don't look
for somebody one, two, four, five or six to cover it first.
Commissioner Plummer: If zone... Let me say what I mean. If zone one is tied
up and has nothing available they would call the first rotate...
104 April 30, 1992
Commissioner Plummer: Exactly.
Commissioner De Yurre: So you don't go to the others.
Commissioner Plummer: OK.
Commissioner De Yurre: Which was not what you were saying.
Commissioner Plummer: That's what I am saying. They would go to zone seven
if they don't have... the first one in zone seven, they go to the second in
zone seven.
Commissioner De Yurre: Zone seven is their backup to any zone.
Commissioner Plummer: Any time... the one in the zones that are existing
today are not able to meet the need, they would go to zone seven. For two
years.
Vice Mayor Alonso: Zone seven is the backup for...
Commissioner Plummer: For the entire City.
Vice Mayor Alonso: ... the entire City.
Commissioner De Yurre: For the system.
Commissioner Plummer: Yes, ma'am.
Commissioner De Yurre: And that will be on a rotating basis, I guess, within
zone seven it's a rotating basis, Whoever is next in line.
Commissioner Plummer: Yes, it would be, it would be one, two, three, and four
and it would be rotated. Yes, ma'am.
Vice Mayor Alonso: And in zone seven we are going to have four companies.
Commissioner Plummer: Correct.
Vice Mayor Alonso: Right.
Commissioner Plummer: Correct. That's my proposal. I think Miller accepted
that. Yes. Those four firms would be Banos, Downtown, Midtown and a black
firm to be added. Vickie, what's your problem?
Ms. Vicky Leiva: Commissioners if I may. On Zone two there are three
different towing companies.
Commissioner Plummer: That is correct.
Ms. Leiva: One of them needs to be...
105
April 30, 1992
Commissioner Plummer:
•
Oh, I am sorry.
Ms. Leiva: ... chosen...
Commissioner Plummer: Excuse me.
Ms. Leiva: ...for...
Commissioner Plummer: I would choose Nolans to be in there as the
representative from the beginning, on zone two. I am sorry I overlooked that.
Ms. Leiva: OK.
Commissioner Plummer: It should have been indicated by virtue of the fact
that I didn't put them in zone seven.
Ms. Leiva: Correct.
Vice Mayor Alonso: So Banos and Downtown will no longer be in zone two, but
in seven.
Ms. Leiva: Is that the wish of the entire Commission? To, not to award zone
two to Nolans then.
Commissioner Plummer: I am only giving you what I am doing.
Ms. Leiva: Oh. OK. I didn't know...
Mayor Suarez: Well Nolan is because... But you haven't stated the reason.
That's the one that is qualified and is located there.
Ms. Leiva: So is...
Mayor Suarez: The only one that in fact meets those requirements. Right.
Ms. Leiva: No. All three of them meet those requirement.
Commissioner Plummer: No. No, no, no.
Mayor Suarez: So why are you recommending Nolan specifically?
Commissioner Plummer: Because Nolan has been there. They've done a good and
excellent job, and they are all three qualified.
Vice Mayor Alonso: He the one that is the provider now.
Mayor Suarez: Is there a policy of wanting to...
Commissioner Plummer: No. No, I just know of the company and I know they've
done a good job.
Mayor Suarez: What about joint zones?
106 April 30, 1992
Commissioner Plummer: No. That was in the RFP that there would only be one
per zone. Right.
Mr. Williams: That's preferable, yes, Commissioner.
Commissioner Plummer: Mr. Mayor I think what happens is, is this. If you get
two to a zone I don't think it's then worthwhile for any one of the two in the
zone. OK.
Mayor Suarez: Is there any recommendation that anyone of these three is the
best of the three in some way or another, other than the fact that it's been
the one there.
Commissioner Plummer: Other... The papers which I have say that all three are
qualified and all three are in the zone.
Ms. Leiva: Furthermore, I think there's a point that has not been brought up,
and that is a letter we sent on behalf of our client to the City Manager.
Mayor Suarez: Your Client is what again?
Ms. Leiva: Downtown Towing. Dated June of 191 where we, our client offered
to do the towing for five dollars less per tow than the industry price, in a
spirit of cooperation to the citizens of Miami.
Mayor Suarez: I am not sure how that responds to the issue of zone two.
Yours is one of the three recommended for that zone.
Ms. Leiva: Correct, and we are willing to do it for less.
Commissioner Plummer: Well I think...
Ms. Leiva: And that savings is passed to the residents.
Commissioner Plummer: ... we get back into the old argument there were we try
to establish what we thought was a fair criteria across the board, and we were
- not trying to get into a price war, because when you do you a lot of times
suffer the lack of service, or reduced service, and then you get into a price
war and the first thing you know you really get into havoc. I think the price
- that we presently have which I think was fifty-five dollars, as I recall, was
established by everyone concerned, was a fair price, that nobody had to gouge
and nobody had to be putting on this for the dollies, and this for the air in
the tires, and this for the steering wheel, that that was. We would not get
into a price war.
Ms. Leiva: Correct, Commissioner, but we understand also that that opens a
door for a women -owned business in this community to have an opportunity to
work, for the first time, with the City of Miami. We feel that in order to
get into that rotation, since we had not been there before, we needed to go a
little extra effort, and so that is why we are making that offer.
Commissioner De Yurre: Well you don't need to go that far. You are going to
be in in zone seven.
107 April 30, 1992
0
0
Commissioner Plummer: I didn't hear that.
Ms. Leiva: There is a large difference, Commissioner...
Commissioner De Yurre: She doesn't have to go that far.
Ms. Leiva: ...between being assigned a full working zone or just taking
overage.
Commissioner De Yurre: I know but it's...
Commissioner Plummer: Well, here again, Mr. Mayor I have made my...
Commissioner De Yurre: Make a motion.
Commissioner Plummer: I've made a motion.
Vice Mayor Alonso: Let's see. Banos it's a satisfied. We didn't hear from
them so I suppose they're satisfied...
Commissioner Plummer: Silence gives consent.
Vice Mayor Alonso: ...with going to zone seven. So we only have the problem
with Downtown and Nolans... We have to make a decision whether we...
Commissioner Plummer: OK. I've made my decision. Here again my motion is
clear. The contract is for two years. There will be the six zones as
recommended by the insertion of Nolans on zone two. We create a new zone
seven in which it will be for the overage not able to be accommodated by the
sixth, and they will be rotated among the following: Banos Towing, Downtown
Towing, Midtown Towing and a black firm to be added. That's my motion.
Commissioner De Yurre: I'll second the motion.
Mr. McCrary: Commissioner may I ask one question just for clarity?
Commissioner Plummer: Hopefully I can clarify it.
Mr. McCrary: The zone seven would be called if zone one cannot handle
something in zone one.
Commissioner Plummer: Any zone...
Commissioner Dawkins: In any zone.
Mr. McCrary: In any zone.
Commissioner Plummer: ... it could not accommodate.
Mr. McCrary: So if something is happened... if zone one is full, they do not
call zone two.
Commissioner Plummer: Well let's go one step further. Let me tell you one of
the problems that I am aware of that maybe my colleagues aren't. Officer Moe,
I know you have a policy on a thirty minute response time.
108 April 30, 1992
Officer Moe: That's correct.
Commissioner Plummer: And how much problem is that?
Officer Moe: There has been some complaints in the past but not a major
amount of complaints. When it does get busy and we have rain and several
accidents...
Commissioner Plummer: Do you think that it's legitimate that... that it
happens.
Officer Moe: Yes, it does happen.
Commissioner Plummer: OK. All right.
Vice Mayor Alonso: May I ask a question please? Why zone seven that we just
established can be handled by three companies. Couldn't zone two be handled
by these two companies? Midway... Downtown Towing and Nolans. What is your
recommendation? It is possible? And maybe we can say zone two will be
handled by these two companies. Couldn't we do that?
Officer Moe: Well it is possible, again, however, ah...
Vice Mayor Alonso: Because we have a zone now that is going to be handled by
three companies. The black company, Midway and Banos. So we have three
companies and Downtown Towing will be the fourth company. Wouldn't it be more
reasonable... zone two, two companies. It is possible?
Officer Moe: What is possible in reality is zone seven would really cover all
six, so in reality zone seven would really be like six zones since it would be
Citywide and be subject to call anywhere in the City of Miami, which there are
six zones.
Vice Mayor Alonso: You mean that even though they will have four companies
they will get more business than if we were to give zone two to two companies?
Officer Moe: Well, I couldn't tell you whether or not they would get more
business, but again zone seven, in itself, is really not one zone. It really
would be considered six zones since it would be covering Citywide, which is
comprised of six zones.
Vice Mayor Alonso: Well, yes and no. Yes in the sense that they will have...
they will be called when they are in service and they will be called for other
zones, but not necessarily... we can say that is six zones not... yes and no.
Officer Moe: Correct.
Mr. Williams: You are absolutely correct, Vice Mayor, I don't know that we
can quantify it very clearly, but early on in the experience of the process,
certainly, we can work with police to work out something, two south of the
river, two north of the river or whatever to see this is a new process and we
think it's a good idea but, certainly, we'll have to get the feel for how that
zone seven will work. But I think to follow up on the attorney's point, yes,
109 April 30, 1992
zone seven would pick up the overflow in one through six, as compared to one
to two.
Mr. McCrary: Fine. Right. Thank you.
Vice Mayor Alonso: Yes, but that doesn't give me a concrete answer of is it
possible? Is 1t fair? What I am asking is unreasonable? That's what the
attorney asked but I want to know does it make sense, it is reasonable,
because if it is, I'll... I would like to go 1n that direction.
Mr. Williams: I think what it does, Vice Mayor, it allows four companies,
inclusive of the black firm, to be identified that Commissioner Dawkins has
the particular interest in, to participate in the process. Wherein if we make
the selection here, adopt only six companies for six zones, those companies
that have been deemed to have been qualified, at least two of them, the other
company that you've been asked to give consideration today, and the black
company will be completely closed out of this process for the term of the
contract.
Vice Mayor Alonso: No, I am not saying that at all. I am saying...
Mr. Williams: I am just saying that's what it does.
Vice Mayor Alonso: ... that at all. I am going to keep zone seven with three
companies instead of four if we award two companies to number two.
Mayor Suarez: They share in zone two. And then the other...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... three go into the overall zone.
Mr. Williams: It determines what the overage is. Certainly it's within the
purview of the Commission to make that decision.
Mayor Suarez: We've done it before. It's not the first time.
Vice Mayor Alonso: We know that but...
Mr. Williams: I am not sure if I understand the question then Vice Mayor.
Vice Mayor Alonso: Well the question is this. We have a zone seven now.
Right.
Mr. Williams: Yes.
Vice Mayor Alonso: Mr. Banos has applied and he was one that applied for zone
two. He has been sent to zone seven. He's satisfied. Now, Downtown Towing
was also a qualified company, and applied for zone two. What I am saying is,
is it possible that these two companies, Nolans and Downtown share zone two?
Is it possible?
Mr. Williams: The answer to your question is yes, it is possible.
110
April 30, 1992
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Commissioner Plummer: But is it financially feasible?
Vice Mayor Alonso: Yeah. That's my question.
Commissioner Plummer: Is it financially feasible when you dilute it and
divide by two for each company. The answer is, they both loose.
Mr. Williams: In that light we think it's more appropriate to address the
zone seven issue with these other companies as compared to splitting them in
the initial six.
Vice Mayor Alonso: Because you have no idea whether they will be making
enough money...
Mr. Williams: That's right.
Vice Mayor Alonso: ...to maintain the quality of service. Is that your
concern?
Mr. Williams: Yes that is Vice Mayor.
Commissioner Dawkins: Wait a minute. Say that again, Mr. Williams because I
wasn't listening.
Mr. Williams: I was saying, as it relates to splitting a particular zone with
two firms, i.e. zone two as we were discussing, I think it would probably make
better sense to include these companies in the process on the Citywide basis,
therefore, they've got the opportunity to pull from zones one through six.
Commissioner Dawkins: So, therefore, your saying to me, that I don't have but
a little bit of work for four companies, but your willing to throw another one
in there and the amount of work down even less for them. That's what your
saying.
Mr. Williams: I don't think so, Commissioner Dawkins.
Commissioner Dawkins: Well, what are you saying, sir?
Mr. Williams: I am saying that the question related to whether or not I
thought it made sense to split zone two. We don't have any quantitative data
here to really say whether that makes sense versus seven. What I am saying is
that zone seven should deserve a try simply because those firms will have an
opportunity to participate in the overage Citywide, as compared to a pure
split in zone two.
Commissioner Dawkins: What quantitative study do you have to show that that
zone will support five people instead of four?
Vice Mayor Alonso: Four. Four instead of three.
Commissioner Dawkins: Well any... all right, "X" plus whatever instead of
"X" zero.
Commissioner Plummer: None.
ill April 30, 1992
LI
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Mr. Williams: None. We're talking zone... but we're talking only four firms,
Commissioner, not five.
Commissioner Dawkins: I don't care.
Mr. Jones: Mr. Mayor.
Commissioner Dawkins: But your telling me you have no qualify... wait until
we get on the record.
Mr. Jones: Mr. Mayor.
Commissioner Dawkins: You have no quantitative way of saying that one or two
firms... I agree with you that maybe the zone will not carry two firms. But
don't tell me you have no quantitative data to support your claim, you don't
make it. Because if you can't qualify it don't make it, because you can't
qualify it to me that the created zone seven, which has no boundaries, we
don't know what it's going to do. We don't know who's going to have overage.
That it's going to have any dollars at all in it, and so how can you tell me
that it can support another entity added to it.
Officer Moe: I agree with you Commissioner Dawkins.
Mayor Suarez: All right, Mr. City Attorney.
Mr. Jones: Mr. Mayor, I was listening to see where this was going and I just
want you to be aware that this was an RFP, as you know, and there were only
six zones that were set to be bid on. So creating a seventh zone will really
create a problem for you, which means, that if you create a seventh zone your
going to have to go through the same process of awarding as you've done with
these six zones.
Commissioner Dawkins: Mr. Mayor.
Mr. Jones: So you can't. What I am telling you is you can't...
Commissioner Dawkins: OK. Wait a minute Mr. Mayor. OK, Mr. City Attorney.
Then your saying that in the event that those individuals, who have been
chosen for the six zones, do not arbitrarily, voluntarily and through the
goodness of their hearts agree to go with the seventh term, that we've done
something illegal?
Mr. Jones: You've gone. What you...
Commissioner Dawkins: Then I would say that in the event that those
individuals feel that way, throw the whole thing out or rebid it.
Commissioner Plummer: Who's going to question it?
Commissioner Dawkins: That's what I want to know. No ones going... these
gentlemen haven't said a word all day.
Mr. McCrary: Mr. Mayor, may I speak to...
112 April 30, 1992
Mayor Suarez: One quick suggestion. Unless you are absolutely sure that this
is clearly contrary, the procedure that has been suggested, maybe it's not the
creation of a new zone. Maybe that's not the way to call it. But the idea
that they would, in a voluntary or exhortatory fashion...
Mr. Jones: That is fine.
Mayor Suarez: ...go to the four or three -depending on what motion passes
here -companies that have not participated in the past and, in effect, that it
be a trial, and that it be on a Citywide basis for overage. You know its got
to be a legal way.
Mr. Jones: The only thing that...
Mayor Suarez: I know you worry a lot about illegalities and improprieties and
getting sued and...
Vice Mayor Alonso: Well we have other options. We throw out all bids.
Mr. McCrary: Mr. Mayor, may I speak to...
Vice Mayor Alonso: Which is a possibility that we have here.
Commissioner
Dawkins: But we're not... these gentlemen are
quick... easy
to... they want to get rid of it worse than we do.
Mayor Suarez:
She goes for that.
Vice Mayor Alonso: And start all over again.
Mr. McCrary:
Mr. Mayor, I think I have a solution for you.
Mayor Suarez:
Yeah, ok. We do have though, Jesse, procedurally...
Mr. McCrary:
OK.
Mayor Suarez:
We do have a motion made by Commissioner Plummer.
I don't know
if he's going
to adjust it to...
Mr. McCrary:
May I speak.
Mayor Suarez:
We're having a request to move on the question.
Let me just
see if I can
clarify where we are. Are you going to, in any way, modify your
motion or to
adjust to the Vice Mayor's suggestion, or do you want to go with
the original
motion, or are we going to have a second so we know
where we are?
Commissioner
Plummer: I didn't hear what she has suggested.
Vice Mayor Alonso: What I am suggesting is, instead of having
a zone seven,
four companies, let's have three by adding to zone two, Downtown
Towing.
Commissioner
Plummer: Oh.
113 April 30, 1992
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Commissioner Be Yurre: Well why don't we add Banos?
Commissioner Plummer: Excuse me. Let me...
Commissioner Be Yurre: You know if we're going to get into that.
Commissioner Plummer: I'll answer that very quickly.
Vice Mayor Alonso: The only reason, excuse me, let me just answer to
the
Commissioner. The only reason I said Downtown is because I believe Banos
was
pleased to be in zone seven.
Commissioner De Yurre: All right.
Vice Mayor Alonso: It doesn't make a difference to me which one.
Ms. Bahn: May I make a comment please.
Commissioner Plummer: Excuse me, may I answer the Mayor?
Commissioner Be Yurre: I bet you that he's not pleased.
Mayor Suarez: Everybody wants to talk now all of a sudden.
Commissioner Plummer: The... answer the Mayor...
Mayor Suarez: Nobody had any suggestions before now we have a motion on
the
floor and now everybody has...
Commissioner Plummer: My motion stands as is.
Mayor Suarez: OK.
Commissioner Be Yurre: I second that motion.
Mayor Suarez: So moved and seconded.
Ms. Bahn: I have a correction.
Mayor Suarez: Correction.
Ms. Bahn: I am sorry but I must make this correction. I made an error
earlier in saying that there was only one applicant in zone four. Banos
also
applied in zone four and I apologize for not giving you that information.
Vice Mayor Alonso: Ahl That's what I thought.
Ms. Bahn: I am sorry.
Vice Mayor Alonso: That's why I asked before.
Commissioner Plummer: That's what I asked. But they actually are in zone
two
from a physical address.
114 April 30, 1992
Ms. Bahn: Yes, sir.
Vice Mayor Alonso: So you...
Commissioner Plummer: One block but their in to...
Vice Mayor Alonso: So you put him in zone two...
Ms. Bahn: He is located in zone two but I should also have listed him in zone
four as being outside the zone.
Commissioner Plummer: Now, what I heard, just for the record. I heard that
he is in zone two but did not apply for zone two. He applied for four but the
mistake that was made was because he was physically located in two, we wound
up putting him two.
Ms. Bahn: Yes. He is physically in zone two. He applied for both two and
four.
Commissioner Plummer: For both.
Ms. Bahn: Yes, sir.
Commissioner Plummer: My understanding was he only applied for four.
Ms. Bahn: No.
Commissioner De Yurre: It's not going to make any difference.
Ms. Bahn: I just wanted to correct that on the record.
Mayor Suarez: All right. We have a motion and second. Mr. McCrary on behalf
of your client, last comment.
Mr. McCrary: Last comment. We thank the Commission. We except that. Now
shut up. Want to win it.
Mayor Suarez: Great. That's a beautiful last comment. Mr. Gonzalez-Goenaga,
first and last comment.
Commissioner Plummer: You can't take the whole loaf. Don't go away hungry.
Mr. Gonzalez-Goenaga: Commissioners I think I hear a different drummer. I
don't give a damn how many zones I am part of the citizens and part of the
victims as you did mention, the renegades. But, for everything there is a
cause and effect. The renegades would not act up until the vampires order the
renegades to act, and the vampires are the police. In my particular case, on
October 16, 1990 my car was towed away. Fifty dollars were stolen, and I said
that under oath, and I am not blaming Southland because there is a... while I
was arrested, I was on the way to Dade County jail.
Commissioner Plummer: You can not. You can't trust these Italians.
115 April 30, 1992
Mr. Gonzalez--Goenaga: Wait, let me finish. No I am not accusing them.
Because on my way to Dade County jail to many policemen, and I don't know what
policemen dealt with my car, full of papers. They did not find the newspapers
that I have but they did stole fifty dollars from my car. So I cannot blame
Southland because Southland is the renegades. The police is the vampires.
And I love, instead of having towing, I would love to have not a towing
company, a shipping company to send six Cuban policemen back to Cuba. By
name: Frank Chacon, Alfredo Vega, J. L. Garcia, the cocky Cuban policeman,
the macho man, but not against Fidel, against me.
Mayor Suarez: All right now Mr. Gonzalez-Goenaga...
Mr. Gonzalez-Goenaga: I continue, Mr. Clemente and a few others.
Mayor Suarez: ...you've gone far enough. Let me tell you as to the fifth...
sir, sir, that's enough.
Mr. Gonzalez-Goenaga: That is enough, but please, I want you, Commissioners,
you have two ears: One, I don't want one thing to go in and the other one to
go out. I want to digest what I say.
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: Because the Ides of May are coming very soon.
Mayor Suarez: The Ides of May. I never thought I'd here it here at City Hall
but now we have.
Commissioner Plummer: Well what's his name Guedes. What's the comedian, the
Cuban comedian, Alvarez Guedes. See, he says even the Chevrolet will work in
Cuba with all the potholes on the street if you buy from Biscayne Chevrolet.
That's it.
Mayor Suarez: All right.
Mr. Jones: Mr. Mayor.
Commissioner Plummer: Send it in the container.
Mr. Jones: Can we please clarify the record to reflect that this is not a
creation of a zone seven?
Commissioner Plummer: Zone six and a half.
Commissioner Dawkins: Does that clarify it?
Commissioner Plummer: What in the hell do you want us to call it? Tell me
what you want.
Mr. Williams: Let's call it Citywide.
Mr. Jones: Call it Citywide zone.
Commissioner Plummer: Citywide zone. OK.
116 April 30, 1992
Commissioner De Yurre: Mythical zone seven.
Commissioner Plummer: Mystical zone.
Mayor Suarez: Citywide excess.
Commissioner Plummer: The phantom zone.
Mayor Suarez: Citywide excess.
Commissioner Dawkins: Call it the Citywide excess...
Mayor Suarez: Program.
Mr. Jones: Thank you.
Commissioner Dawkins: City excess pool.
Mayor Suarez: Right. Citywide excess pool. That'll do it.
Commissioner Dawkins: Citywide excess pool.
Commissioner Plummer: Camino Bon Bon what do you want?
Commissioner De Yurre: Why don't we create a...
Mr. Humberto Cortina: Humberto Cortina, I am representing Banos Towing and
the only question that I had is that if we are going to go and divide, like,
zone two into two, and I don't know...
Commissioner De Yurre: No. That's out of the question so forget about it.
Commissioner Plummer: We're not. We're not.
Mr. Cortina: It is out of the question?
Commissioner Plummer: You are in the Citywide zone.
Mr. Cortina:- Because Commissioner Alonso has suggested the possibility of
going zone two into two people and I... since we have applied for zone four I
would also like the wisdom of the Commission to consider Banos for four.
Mayor Suarez: It was a valiant effort except there was no way to
differentiate one...
Mr. Cortina: I understand that. I understand that. I just wanted to make
clear if that was going to be done with one, perhaps we could consider Banos.
But, however, if seven is going to be... I don't know the overage, so I didn't
know the amount.
Vice Mayor Alonso: I find that fair to tell you the truth.
117 April 30, 1992
Commissioner Plummer: And tell Javier Soto. Tell Javier Soto that Banos was
protected.
Mr. Cortina: Thank you very much. Thank you, Commissioner.
Mr. Williams: May I, Mr. Mayor, please?
Mayor Suarez: Yes. He has many, many good friend apparently because we got
calls from the Senator, yes.
Commissioner Plummer: An hour and thirteen minutes.
Mr. Williams: Two points, two points before you vote please.
Commissioner Plummer: Incredible!
Mr. Williams: That the firms that are being considered, including the black
firm and Midway, that they must meet all of the qualifications.
Commissioner Plummer: I said qualify.
Mr. Williams: OK.
Mayor Suarez: Oh, yes.
Mr. Williams: The second point, Mr. Mayor, just clarification...
I
Mayor Suarez: Yeah, your still worried about Midtown ever qualifying, I
guess.
Mr. Williams: Did we say one year or are we back to the original to the
original two years?
Commissioner Plummer: Two.
Mr. Williams: Thank you, sir.
Commissioner Plummer: A full two years.
Mayor Suarez: All right. The movement agrees to that, and the second? Who
was the second, Madam City Clerk?
Commissioner Plummer: That was part of it.
Mayor Suarez: OK. Any discussion, if not, please call the roll.
118 April 30, 1992
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-255
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
PROPOSALS OF CERTAIN TOWING AGENCIES FOR THE ZONES AS
DESIGNATED HEREIN FOR FURNISHING TOWING AND WRECKER
SERVICES TO THE CITY OF MIAMI ON A CONTRACT BASIS FOR
TWO (2) YEARS; AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE NECESSARY AGREEMENTS IN SUBSTANTIALLY THE
ATTACHED FORM FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL
Commissioner Plummer: Thank God, yes.
Vice Mayor Alonso: Well, I will vote no because I feel that if he doesn't
want us to call that zone seven, what it is, but whatever it's called, that's
what I am talking about, has four companies. Some other zones could have two
companies and divide the work properly, so I will vote no.
Commissioner Dawkins: I agree with Commissioner Alonso, but since I got what
I wanted I am voting yes.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Williams, next time if you don't find a way to cut
this in half I am going to cut your throat. This is crazy.
Mayor Suarez: In half. In half.
119 April 30, 1992
Ems:
14. CLAIM SETTLEMENT: JORGE C. BORRON ($90,000).
Mayor Suarez: Item 6.
Commissioner Dawkins: Move 6.
Mayor Suarez: Item 6 has been moved.
Mr. Williams: Given that, Commissioner Plummer, we will.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: Hold it I got a problem with 6.
Commissioner Dawkins: OK.
Commissioner Plummer: Mr. City Attorney...
Mr. Jones: Yes, sir.
Commissioner Plummer: Your backup material you state, you state that this
problem here is that this has nothing to do with you all, good-bye. That this
individual admitted on the record that he had been drinking.
Mr. Jones: Asking whether that was an admission?
Commissioner Plummer: It was his won admission.
Mr. Jones: Yes, it was an admission, yes.
Commissioner Plummer: And I said to Mr. Bitner, who came to see me, that
predicated on that I thought it was worth less than the ninety thousand
($90,000.00) dollars. I told Mr. Bitner that if it was in order to go back
and order seventy-five thousand and if he accepted I would withdraw my
objection. Mr. Bitner said that if he didn't accept it, can he call and make
an appoint to sit down with you personally. I said if it does not broach your
position I would accept that. I am assuming that he did not accept the
seventy-five thousand and I have not received a call from him, so I feel that
I have been, that I have been shanghaied here, and more so that my time was
wasted, that nothing happened.
Mr. Jones: Commissioner Plummer you have to understand that given the time
constraints, and given the time element involved in preparing this for trial,
when we make a... when an offer is made and accepted... is accepted, which is
exactly what it was in this particular case, of course, subject to Commission
approval, it's very difficult for me, as a professional, to go back and try to
low bait the other side.
120 April 30, 1992
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Commissioner Plummer: That's not low bailing.
Mr. Jones: I think it is. I think if you understand...
Commissioner Plummer: It's negotiation. Do you not know the word
negotiation?
Mr. Jones: Commissioner Plummer, if you would please let me finish.
Commissioner Plummer: Well, sir, if you'll use proper terminology because a
slur indicated on low ball is not what I had in mind. Now i f you say you
can't go back and negotiate I think you are speaking on very professional
terms. But when you use the term low ball I don't accept that term, sir. I
just had to put that on the record.
Mr. Jones: I understand what your saying and certainly it's your prerogative
not to accept it. You have to understand this whole process where this was
negotiated in mediation. You have to also understand the dollar impact that's
involved in this case. There are some problems with the case that I care not
to discuss on the record. I think it's an excellent, a fair settlement, and I
would only ask that the Commission approve it.
Commissioner Plummer: Sir, I will go back and restate it since you,
obviously, did not understand what I said to you, sir. My concern, at this
point, is more so that no one, Mr. Bitner nor that other attorney has come
back to me and said, "Mr. Plummer, no deal, no way, no nothing." I am still
waiting for either someone to call me and say they accepted the negotiated
amount or the other attorney saying, "Hey, I'd like to talk with you." Which
is the way it was left when you representative left my office. Now, here
again, I think what has to be put on to the record so that people understand
where this is coming from, this man is accepting twenty-six thousand
($26,000.00) dollars less than his medical expenses. I am saying to you, sir,
that I expect, and I think I am entitled to an answer, if your office doesn't
think that it's right then I would have expected Mr. Bitner to say, "After I
talked with my boss he didn't think that it was proper." . I even said, Mr.
Bitner, I even said to this gentlemen that if you don't feel that it will
prejudice your position, I will talk to the guy, but if you think so I won't
talk to him. Now, all I am saying to you is this man, by his own admission,
was drinking. This man admitted that he had been drinking Rum and Coca Colas'
the evening. And, obviously, it's not a clear cut case. There's also
sovereign immunity involved here. There is the possibility that we may, or
may not, save ten thousand ($10,000.00) dollars, or we might win the whole
thing. I think I am entitled to answers. If I am not then don't ever send
another Assistant City Attorney to my office to talk to me because it means
nothing. That's all I am saying. Now you want to force the issue and you
think you got the votes, you go right ahead, sir.
Mr. Jones: Well.
Commissioner Plummer: But I want to tell you in the days to come you will
regret doing it. You do what you want.
Mr. Jones: Well, I am going to put this on the record as well since you were
very clear on the record. You know, I am your City Attorney. I've been a
121 April 30, 1992
0
lawyer for sixteen years. I think all the lawyers in my office who handle
these cases do an excellent job. I think you should rely on my judgment when
I tell you that a case should be settled, in particular, this one. There are
problems with the case, and again, I am not going to tell you... sit here on
the record and explain to you the problems that there are with this particular
case. Not withstanding the admission that Mr. Borron has made that he was
drinking Rum and Cokes. I think the police report is clear that our street
sweeper was in the wrong. If you want to take the chance on getting hit with
a big judgment, then so be it, if that's the Commission's directive.
Commissioner Plummer: Sir, you've missed my point for the second time.
Mr. Jones: I don't think I've missed your point Commissioner. I think you've
missed my point.
Commissioner Plummer: Do you not feel that there is an obligation, when Mr.
Bitner left my office, and you correct if I am wrong. He left my office with
this understanding. Go back and offer seventy-five thousand ($75,000.00)
dollars. If that was not acceptable he would have the other party call me and
sit down with me and I said if that doesn't broach your position that is fine.
To this day, sir, I have not heard the courtesy of a reply. I've not heard.
Mr. Jones: My understanding is that the other...
Commissioner De Yurre: Fire Bittner, and that is the end of that.
Mayor Suarez: What do you mean by if this doesn't broach your position? What
are you talking about? If this doesn't jeopardize the negotiating posture of
the City, is that what your saying?
Commissioner Plummer: Yeah, I asked that question sir. OK. I didn't want to
put them in any jeopardy by my speaking with the person who was suing.
Mayor Suarez: I mean just your terminology here is a little bit lacking.'
Commissioner Plummer: OK. Mr. Mayor my problem is that as courtesy...
i.
y Mayor Suarez: Do you think not enough information was given to you or not
enough follow through to your suggestion.
Commissioner Plummer: No sir. I am still waiting for a response. Whether
it's from Mr. Bitner or from the opposing side.
Mr. Jones: Mr. Barron's attorney was requested to call you. That's what I
understand. OK. Now whether he called you or not I don't know. OK. I can
only tell you again this was something that was negotiated before a mediator,
perhaps my assistant was wrong in telling you that, or not telling you, that
once we reached that stage we would have to go back, unless the parties
consented to it. But, again, I feel that it's an excellent settlement and
it's up to you to decide what you want to do.
Vice Mayor Alonso: Can we delay this item?
122 April 30, 1992
4
Mr. Jones: When is the trial? Trial is scheduled for May 17th which means
that any further delay is going to delay me in terms of getting expert
witnesses, and you have to understand, you know, when you start talking about
saving ten thousand ($10,000.00) dollars here, when your talking about a half
million dollars, perhaps a half million dollar lawsuit engaging experts,
whatever, it's going to take us twenty to thirty thousand dollars to prepare
to try the case. And that's what you fail to realize when your dealing with a
case of liability of this magnitude. If we get hit, and the likelihood is
very great that we get hit with a big judgement, the likelihood of a claims
bill is very good and I think you saw what happened on, on ah...
Commissioner Dawkins: Mr. City Attorney, what is your recommendation?
Mr. Jones: My recommendation is the case be settled as proposed to you.
Commissioner Dawkins: All right, then that's your recommendation. Now why
are you trying to qualify and go on? Let us vote one way or the other, sir,
on your recommendation.
Mr. Tomas Gamba: My I be heard for a brief second?
Mayor Suarez: Is this your matter?
Mr. Gamba: Yes it is.
Mayor Suarez: Tommy.
Mr. Gamba: My name is Tomas Gamba, 21...
Mayor Suarez: This is risky, of course. You may have momentum on your side.
I don't know but, go ahead.
Mr. Gamba: I don't want to address merits I just wanted to tell Commissioner
Plummer that I did speak to, I believe, and I don't have my notes, I believe
it was Joan from your office, and I called...
Mayor Suarez: There's a Joan there.
Commissioner Plummer: There sure is.
Mr. Gamba ... and said I am the attorney for Mr. Borron. I have been told
that it is proper to speak to the Commissioner. I would like to urge
Commissioner Plummer to approve this. I am available, you know, etc. And she
says I will note down and I will leave a note for Commissioner Plummer that...
Commissioner Plummer: Do you remember when you called sir?
Mr. Gamba: Sir...
Commissioner Plummer: Because I've only been in one day this week.
Mr. Gamba: It would have been... It was either yesterday or the day before.
Commissioner Plummer: Oh. OK. I've been tied up.
123 April 30, 1992
Mr. Gamba: Either yesterday or the day before.
address the merits but I did...
Commissioner Plummer: Excuse me.
Mr. Gamba: ...make the effort to call.
So I just don't want to
Commissioner Plummer: Just so you know, and I am not trying to excuse my
staff. I was tied up all day Tuesday, in ITB (International Trade Board), I
was tied up yesterday, at Bayfront Park, and that's the reason I have not been
in the office until today. But this, excuse me, Mr. Bitner how long ago did
you come to see me? About ten days ago? It's been ten days since I spoke to
him and this was the proffer that was made at the time. OK. So I would have
expected better than a day or two before the hearing.
Mr. Gamba: I also wanted to say. This was very hotly mediated. We think the
case has value close to three quarters of a million ($750,000.00) dollars. I
represent a young man who will, for the rest of his life, will walk with a
limp. Had thirteen surgeries. Four months where he had his jaw wired.
Commissioner Plummer: Sir, I saw all of the pictures.
Mr. Gamba: OK. Pictures are not pretty.
Commissioner Plummer: And I think he's very very lucky to be alive.
Mr. Gamba: He is very fortunate to be alive, sir.
Commissioner Plummer: OK. Very lucky to be alive.
Mr. Gamba: Thank you.
Mayor Suarez: I believe we do have a motion, right?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yeah, you got a motion. No I didn't hear a motion.
Mayor Suarez: Motion is to approve the settlement proposal.
Ms. Hirai: I suggest it as presented.
Commissioner De Yurre: Is there a second?
Ms. Hirai: Yes.
Commissioner Dawkins: Moved and seconded?
Ms. Hirai: Yes. Commissioner Dawkins moved it, Commissioner Dawkins and
Commissioner De Yurre seconded.
Mayor Suarez: All right. Moved and seconded. Any discussion, if not, please
call the roll.
124 April 30, 1992
Mr. Gonzalez-Goenaga: Yes. One little...
Mayor Suarez: Mr. Gonzalez-Goenaga, this is not a matter for public input.
Mr. Gonzalez-Goenaga: Discussion. I went to see Macbeth last Sunday and I
remember Shakespeare. Shakespeare did say back in the sixteen hundred, "Let's
kill all the lawyers." Why shouldn't we get rid, and I have said it here many
times. Let's get rid of this department that costs the City of Miami more
than three million ($3,000,000.00) dollars plus outside counsel. To do what?
Have fun and read newspapers. Come onl And let's get rid of two lawyers who
are in this Commission also. Thank you very much.
Mayor Suarez: Have a seat, sir. No, Manny, we keep those two because their
the cheapest of all of them around here.
Mr. Gonzalez-Goenaga: They are suppose to be... know...
Mayor Suarez: Have a seat, sir. Call the roll, Madam City Clerk.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-256
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JORGE C. BORRON, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $90,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND MANUEL TEJADA, IN CIRCUIT COURT
CASE NO. 91-35828 (CA 27), UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI AND MANUEL
TEJADA FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO
BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE
TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For reasons so stated. I vote no.
125 April 30, 1992
a
11
15. (Continued Discussion) ALLOCATE $29,000 FROM CDBG FUNDS, AS A GRANT, TO
CURE AIDS NOW (Note: This item was later rescinded by M 92-269.) (See
labels 7 & 46).
Mayor Suarez: Did you have an item left over from the morning or is that an
idea of mine? We were supposed to get a report on monies already approved and
presumably...
Commissioner Plummer: For Cure AIDS.
Mayor Suarez: ... allocated for Cure AIDS Now and then we were going to try
to act on another request.
Vice Mayor Alonso: I don't see Castaneda here.
Mayor Suarez: Mr. Castaneda is not around to... Mr. Manager.
Commissioner Plummer: Mr. Manager, the answer on Cure AIDS...
Mayor Suarez: I some point I want to get back to the Cure AIDS Now. There is
Mr. Castaneda. Whether some fund that we previously approved some how have
found there way into the...
Commissioner Plummer: Frank, why don't you just tell us. Did they get the
money or they didn't.
Mr. Frank Castaneda: No.
Commissioner Plummer: That's really what we want to know.
Mr. Castaneda: No they have not and the reason they have not.
Commissioner Plummer: Where is the money?
Mr. Castaneda: The money is in place. The problem has been with the
contract. The problem has been an insurance requirement with the contractors.
Commissioner Plummer: Excuse me. Frank, that's over a year ago. How come we
haven't been told?
Vice Mayor Alonso: How much? Twenty-nine thousand?
Mr. Castaneda: Right.
Commissioner Plummer: How come we haven't been told? We approved that, here
we sit thinking that matter was done, over and resolved, and nobody has ever
informed us. Why?
Mr. Castaneda: I am sorry, Commissioner.
126 April 30, 1992
i
Vice Mayor Alonso: You know the service that these people provide? Food for
people. That's exactly, human beings, that they have to serve.
Mr. Dominik Magarelli: Should I open my mouth or what?
Commissioner Plummer: Mr. Mayor...
Commissioner Dawkins: It is.
Mayor Suarez: Yes.
Commissioner Plummer: Mr. Mayor, Mr. Manager, may I suggest to you, sir, that
get them the policy... he can get the policy... Fernando can get the policy,
whatever it costs, deduct it from the twenty-nine and get the rest of the
money to them.
Mr. Magarelli: We didn't even know about the policy for the past three...Oh.
I am sorry.
Commissioner Plummer: That's...
Vice Mayor Alonso: That's all? And issue to them the money that they are...
Mr. Odio: I would recommend that you go ahead and waive that insurance
requirement and proceed to give them the twenty-nine thousand dollars right
away.
Vice Mayor Alonso: Of course!
Commissioner Plummer: No. No, no excuse me, excuse me, I am sorry, I can't
waive liability. Not... because they're driving cars.
Mr. Odio: It is not, it is not, it's not...
Vice Mayor Alonso: He can hold the money.
Mr. Odio: It's not, ah...
Vice Mayor Alonso: Explain to them what it is. I find unreasonable not to
call them in, explain to them what they need, because we under... let's say
that we arrive to the end of the year. What do we do with the money?
Mr. Odio: No liability.
Vice Mayor Alonso: The twenty-nine thousand that belong to them.
Mr. Odio: Your not waiving liability it's...
Vice Mayor Alonso: Mr. Manager, may I have an answer first.
Mr. Castaneda: They will be permitted to submit expenses for the contract
period.
127
April 30, 1992
ARM
Commissioner Dawkins: Say what now?
Mr. Castaneda: They will be permitted to submit...
Commissioner Plummer: Oh, very definitely we're not giving them or anybody
else a bundle of money. They surrender bills and we pay upon the bills.
Vice Mayor Alonso: Of course.
Commissioner Plummer: Oh, yeah.
Commissioner Dawkins: Well they got twenty-nine thousand ($29,000.00) dollars
worth of bills they could give you in the morning. No problem.
Mr. Magarelli: See they won't give them to us until we have that insurance
policy bought and paid for.
Commissioner Plummer: OK. What I am suggesting is...
Commissioner Dawkins: What is the insurance policy for Mr. Manager?
Commissioner Plummer: Liability of slander.
Mr. Odio: No. Let me...
Mr. Magarelli: Is it an impossibility to be waived...
Mr. Odio: Excuse me, sir.
Mr. Magarelli: ...for thirty-five ($3,500.00) dollars.
Commissioner Dawkins: Hey, wait a minute, wait a minute, all of you. I pay
the Manager. I just ask the Manager a professional question. Now would all of
you keep quiet until the Manager has answered the... give him that courtesy
please. Go ahead, Mr. Manager.
Mr. Odio: It's very simple. Tell him.
Commissioner Dawkins: Through the Manager to you, sir.
Mr. Segundo Perez: Segundo Perez, Insurance Coordinator for the City.
Commissioner the insurance that we're talking about is for slander.
Commissioner Dawkins: Slander?
Mr. Perez: Yes, sir.
Commissioner Dawkins: Slander?
Mr. Perez: It is not to... it is not auto liability.
Mr. Odio: Let me say something Commissioners and I...
Vice Mayor Alonso: Why is this?
128
April 30, 1992
Mr. Odio: ... apologize because here we have hungry people and we are caught
up in the bureaucracy here. I did not know about this until today, and I want
to review the procedures because that's, in my language, is BS. I am sorry
and we will expedite the twenty-nine thousand. You are not waiving away any
liability to anybody. It's slander. I mean I don't even know what that even
means.
Vice Mayor Alonso: In the business Cure AIDS?
Commissioner Plummer: You know what bothers me. Let me tell you what bothers
me. Who in their great wisdom decided that we needed this, because we don't
know anything about it.
Mr. Odio: I don't even know where that comes from. I am sorry. I think I am
going to review the whole process, and throw that away and get it out of
there. That's the bureaucracy that bothers me.
Commissioner Plummer: OK. But now wait a minute. Hold on. Hold on. Let's
don't go overboard. There was twenty-nine thousand set aside, correct?
Mr. Odio: Yes, sir.
Commissioner Plummer: They have indicated they only need twenty.
Mr. Odio: No, but this is from... let's give them the twenty-nine, they are
entitled to, Commissioner.
Mr. Magarelli: No. No, sir.
Commissioner Plummer: Sir, you...
Commissioner Dawkins: That's right. Go ahead Scrooge.
Commissioner Plummer: You went on the record that you needed twenty thousand
for May and June and your new allocation starts in July.
Mr. Magarelli: Commissioner, may I explain to you why? May I be able to
explain to you why we came here to begin with?
Commissioner Plummer: Sure.
Mr. Magarelli: We are having... we have a list of people now... a waiting
list for people to receive food because we're running out of funds until our
- new funding sources are coming in. We are now thirty something people waiting
to eat. So what we came here originally for was to ask for money to buy food
for these people to eat until our other funding sources came about, so that we
can start purchasing food for these thirty something or fifty something
people. But, in the meantime, you... we all got caught up in this other year-
long fight about the twenty-nine thousand that we never got. That's why we
were here originally to ask for more food money.
Commissioner Plummer: Sir I asked you before, just for the record, what you
needed to carry you over until your new funding started and your answer was
twenty thousand ($20,000.00) dollars.
129 April 30, 1992
c
W1
Mr. Magarelli: I said it was twenty thousand...
Commissioner Plummer: That was your answer. Not my answer, sir.
Mr. Magarelli: No. That was when the Mayor got all upset with the twenty-
nine...
Mr. Odio: Commissioner...Commissioner...
Commissioner Plummer: You said you needed twenty thousand for the two months.
Mr. Magarelli: For two months.
Commissioner Plummer: For the two months. That's right. May and June.
Mr. Magarelli: For the people that are already on our waiting list. That
doesn't mean the people we're already feeding.
Commissioner Plummer: That's what you said, sir.
Vice Mayor Alonso: The truth of the matter is that this organization has been
very unfortunate with the City of Miami. First, last year we wanted to close
you because of a parking lot. I had to go and get a private contractor to
build your parking lot in order to maintain the facility open. Now we see we
were suppose to give you a certain amount of money and because of a ridiculous
reason we did not award it to you Federal monies awarded to you. Incredible.
This is ah...
Commissioner Plummer: Let me tell you my concern. My concern... May I
express my concern and then I am going to shut up. OK. My concern is if you
give them thirty thousand ($30,000.00) dollars now, up to thirty thousand,
they're going to come up short next year because they are going to start
serving people who are going to be expected to be served come July the 1st,
and that money is going to run out and then you are going to be credited with
being a bad guy, that you are not able to provide the food for those who you
provided the last couple of months. Now, I would rather keep a reserve.
There is not a year that they've come here that they haven't had to come back
and ask for more. OK.
Mr. Odio: Let him draw on it. Let him draw...
Commissioner Plummer: Let him draw up to twenty. If they need then come
back.
Mr. Peter Ramos: May I say something?
Vice Mayor Alonso: They should address that.
Mr. Ramos: The twenty-nine thousand that the City of Miami awards Cure AIDS
Now is for 75 percent of the salaries for the drivers. Fortunately the agency
has been able to fund their salaries, in the meantime, until we fix this
problem. Now when we originally came here, wanted to come here, we came here
because we have a waiting list. The monies that we need, we need the twenty-
130
April 30, 1992
-' nine thousand ($29,000.00) dollars because it does not pay for the salaries
entirely of these two drivers. This is totally different from what we're
talking about now. We got involved in the twenty-nine thousand ($29,000.00)
dollars...
Commissioner Plummer: Oh, they're saying it's for salaries.
Mr. Ramos: ... it was an issue that we would have liked to bring to you.
Commissioner Plummer: If it's food I've got no problem with it.
Mr. Ramos: We were hoping that Risk Management was going to...
Mr. Odio: Excuse me. You are going to use the twenty-nine for food, right?
Not drivers.
Mr. Ramos: No. That's a misconception here.
Commissioner Plummer: See?
Mr. Ramos: The drive... the salary is for money.
Mr. Odio: Well, I think you should use it for food.
Commissioner Plummer: That' what I think it ought to be.
Mr. Odio: If you already covered the salaries.
Mr. Ramos: I'm sorry. We need to pay salaries to the drivers.
s Mr. Magarelli: We have to pay the drivers to deliver the food to the
{ homebound people.
j Mr. Ramos: The agency only has two drivers to deliver to five hundred people.
The City of Miami pays those two drivers salaries... 75 percent of those
salaries. Which is... generally. Now the food money the City of Miami...
Vice Mayor Alonso: Could you just stop for one minute...
Mr. Castaneda: um, hum.
Vice Mayor Alonso: ... and listen to us for a minute. I am sure you are
going to use the money for whatever purpose you ask us for the money. Right?
Mr. Ramos: Exactly.
Vice Mayor Alonso: So whatever you ask the money for is where your going to
use it. We approve it on the basis of your request and I am certain you are
going to use the funds exactly in the same way that you requested from us.
And we are not to expect any other thing and I am certain you are not going to
do anything differently. Correct?
Mr. Magarelli: Yes, ma'am.
131 April 30, 1992
Vice Mayor Alonso: Fine. I think that puts this matter to rest, and I don't
think we should... Mr. City Manager, you are going to instruct Mr. Castaneda
to work with them so that they resolve the matter of the insurance
immediately.
Mr. Odio: They will get a check tomorrow.
Vice Mayor Alonso: And they get a check.
Mr. Odio: They get a check tomorrow. I apologize. In a way I am glad this
happened because we are going to review all of the procedures there. Thank
you.
Vice Mayor Alonso: Great. OK.
Mr. Magarelli: So. So. The reason why we came here the first time is to ask
for the waiting list personnel that we have, if we can get extra food money to
get these people off of a waiting list to buy them food. That's why we came
here originally.
Vice Mayor Alonso: Exactly. And that's how you are going to use the money to
provide food for the people because we don't have any additional funds
available now. Mr. City Manager, do we have any additional funds that we can
provide these people?
Mr. Odio: No ma'am.
Mr. Magarelli: These people can't come to our building to pick up their food
because they are homebound. So we have to have a van and drivers deliver it.
Mr. Odio: Well, additional monies we don't have. They will have next year's
allocation.
Vice Mayor Alonso: Let me put it this way. You came this morning asking for
twenty thousand. Right?
Mr. Magarelli: No, no, no. Twenty thousand for two months.
Vice Mayor Alonso: Or twenty-nine thousand.
Mr. Magarelli: No, no, no, no. No, we didn't.
Vice Mayor Alonso: How much did you ask?
Mr. Magarelli: I was asked how much could we use for two months. I said
twenty thousand ($20,000.00) dollars...
Vice Mayor Alonso: Fine.
Mr. Magarelli: ...to get the people off our waiting list.
Vice Mayor Alonso: Exactly. Let's say twenty thousand. You didn't come
today to request the money that was owed to you?
132
April 30, 1992
Mr. Magarelli:
No.
No.
Vice Mayor Alonso:
You did not.
- Mr. Magarelli:
No.
— Vice Mayor Alonso:
So you were going to receive twenty thousand, right?
That's why you
came.
One says nothing, the
other says no.
Mr. Magarelli:
Because it's yes and no.
We needed twenty thousand for food
and the twenty
now...
Mayor Suarez: Yes, Commissioners.
Vice Mayor Alonso: In order to take the food to these people,...
Mr. Magarelli: Yeah.
Vice Mayor Alonso: ... you need to buy the food first.
Mr. Magarelli: We need to buy the food and...
Vice Mayor Alonso: Right?
Mr. Magarelli: ... pay the drivers and the van and the insurance and gas.
Vice Mayor Alonso: What I'm trying to tell you is switch the things. Use our
money...
Mayor Suarez: Substitute. Yeah.
Vice Mayor Alonso: ... for food and you use the money that you were going to
use to buy the food to pay for the drivers. Couldn't you do that?
Mr. Magarelli: That would be great.
Commissioner Plummer: What's the latest?
Vice Mayor Alonso: He just doesn't understand that we don't have any
additional money.
Mr. Magarelli: No, see you need a driver and a van...
Commissioner Dawkins: OK. Let me see if I can bring this to closure.
Mayor Suarez: We're going to have to decide one way or the other.
Commissioner Dawkins: Mr. Mayor. Yeah, we've got to go. Since the request
was for twenty thousand, since we are discussing twenty-nine, give them twenty
thousand for food and nine thousand for personnel and I so move.
Commissioner Plummer: Second the motion.
133
April 30, 1992
C
Mayor Suarez: So moved and seconded.
basically is that...
To get the import of the proposal
Commissioner Dawkins: All right. Let me add something to my motion. OK?
Mr. Mayor and fellow Commissioners, I move that we provide them with twenty
thousand dollars for food and nine dollars for personnel. If they do not like
that, then we just don't...
Commissioner Plummer: Nine dollars or nine thousand?
Commissioner Dawkins: Nine thousand.
Commissioner Plummer: Oh.
Commissioner Dawkins: If that's not agreeable, then they should come back,
tell us they don't want the twenty-nine and let's negotiate about something
else.
Mr. Magarelli: Thank you.
Mayor Suarez: Commissioners, I think that's the best we can do at this point.
Commissioner Plummer: I agree. I second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not please call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-257
A MOTION GRANTING REQUEST BY REPRESENTATIVES OF "CURE
AIDS NOW" AND DIRECTING THE ADMINISTRATION TO ALLOCATE
$29,000 TO BE USED AS FOLLOWS: (a) $9,000 TO BE USED
FOR PERSONNEL -RELATED COSTS; AND (b) $20,000 TO BE
USED FOR FOOD -RELATED COSTS.
[Note: This motion was later rescinded by M-92-269].
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
134
April 30, 1992
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16. DISCUSS AND DEFER (TO MEETING OF MAY 7TH) PROPOSED RESOLUTION TO ACCEPT
BID FOR ORANGE BOWL MODERNIZATION PROJECT PHASE II (1992) - SEAT
REPLACEMENT B-6202 (CIP 404238).
Mayor Suarez: Item 7. Orange Bowl Modernization.
Mr. Wally Lee: Mayor and Conmissioners, before we take up item 7, we have to
advise you there's been a protest filed by one of the bidders.
Commissioner Plummer: One or more?
Mayor Suarez: I would strongly suggest you advise us of that.
Commissioner Plummer: Who's the protest you got by?
Mr. Lee: We have a protest from....
Commissioner Plummer: By Gordo?
Mr. Lee: ... G-T Sports Enterprises.
Commissioner Plummer: By Gordo. No, I've got a copy here that was supplied
to me by Frank J. Moran.
Commissioner Dawkins: I've got one from Frank J. Moran also.
Commissioner Plummer: That's a protest.
Ms. Judy Carter: Mr. Moran...
Commissioner Plummer: Excuse me. Did you not receive this? I thought it was
a copy that you had received.
Ms. Carter: Yes. Right, sir. And I'm going to respond to that. That note
that I received from Mr. Moran says to us that he will be submitting a formal
protest with regard to the award. He has not filed a protest with the Chief
Procurement Officer.
Commissioner Plummer: He has how many days in which to do that?
Ms. Carter: He has fourteen days...
Commissioner Plummer: From today?
Ms. Carter: ... from the time that he should have known about the facts
regarding the award or the process.
Commissioner Plummer: And what day is that?
Ms. Carter: Well... The 23rd.
135 April 30, 1992
Commissioner Plummer: Of this month?
Ms. Carter: Would be the end of the fourteen days. Is that correct? OK.
That's when we became aware. Yes.
Commissioner Plummer: Well, wait a minute. Wait a minute. Excuse me. You
know, there's something wrong here. Fourteen days from the 23rd would have
been the, something in May. Right.
Mr. Ron Williams: The 7th.
Commissioner Plummer: The 7th of May.
Ms. Carter: Yes, sir.
Commissioner Plummer: Now, here we are about to award something today and the
protest goes on an additional eight days and we've already awarded and we
find...
Mr. Cesar Odio: Let me... Please, Commissioner.
Commissioner Plummer: There's something wrong with this procedure.
Mr. Odio: Yes. You know what's wrong with the procedure? We are under a
very short time frame. We have to have...
Commissioner Plummer: Mr. Mayor.
Mr. Odio: ... these seats in place by the end of August or we are in trouble.
And I cannot...
Commissioner Plummer: Well, why don't you state that in your bid, sir. That
there will be no protest dates or cut it down to two days or three days or
four days.
Vice Mayor Alonso: Exactly.
Mr. Odio: OK. Well,...
Mr. Leer That's the City...
Commissioner Plummer: Mr. Manager, don't you understand what I'm saying?
Mr. Odio: That's the Code, though.
Commissioner Plummer: What doesn't make sense is that we're here possibly,
and most likely, to make an award and the protest is still out another eight
days. What happens if we found a legitimate protest?
Mr. Odio: Well, the... Like I said, I'd rather take that chance than...
Commissioner Plummer: And it ain't the awardee.
136 April 30, 1992
4
Commissioner De Yurre: Why don't we listen to this, make an award pending no
protest from here on until the deadline.
Commissioner Plummer: Oh, that's fine.
Commissioner De Yurre: Because if not...
Mr. Lee: We could also...
Commissioner De Yurre: Is that fair enough?
Mr. Lee: Commissioner, we can also address Moran's allegations here also.
We're ready for that.
Commissioner Plummer: Oh. OK. Fine.
Vice Mayor Alonso: Are they here?
Commissioner Plummer: Well, their memo is here.
Commissioner De Yurre: But whatever decision we make is pending waiting till
the 7th till the end of the protest period.
Commissioner Dawkins: Mr. Manager. What is the date of the first game in the
Orange Bowl?
Mr. Odio: September 19th.
Commissioner Dawkins: September 19th.
Commissioner Plummer: 19th or 14th.
Commissioner Dawkins: September 19th.
Mr. Odio: Am I right on the 19th, folks? I think so.
Commissioner Dawkins: OK.
Mr. Rafael Garcia -Toledo, Jr. September 19th it is.,_
Commissioner Dawkins: All right. Hmm?
Mr. Garcia -Toledo: It is September 19th.
Mr. Odio: September 19th.
Commissioner Dawkins: All right. Now, how many seats...
Mr. Garcia -Toledo: Against Florida A & M.
Commissioner Dawkins: How many seats are we talking about must be...
Mr. Odio: Thirty thousand.
137 April 30, 1992
t
Commissioner Dawkins: Thirty thousand seats. Of the three bidders, Mr. Lee,
or through the Manager...
Mr. Odio: Yes.
Commissioner Dawkins: ... to Mr. Lee or anybody, how many seats can be
installed a day?
Mr. Lee: That's up to the contractor to decide.
Commissioner Dawkins: OK.
Mr. Lee: He quoted us...
Commissioner Dawkins: Hold it. No, no.
Mr. Lee: Commissioner.
Commissioner Dawkins: I'm going... No, no.
Mayor Suarez: Not totally up to them because we've got to make sure we have
it done on time.
Mr. Lee: Mayor, we have a time limit in this.
Commissioner Dawkins: I'm going to accept that. Now, Mr. Wally Lee,
professionally in your job as the one to advise me on this, professionally,
how many seats would you say it is possible to install a day? With your
professional, not how many the contractor will tell you can be done, but you,
as a professional, tell me how many you think can be installed a day.
Mr. Odio: Maybe...
Commissioner Dawkins: And the length of the day.
Mr. Lee: Well, I don't see a problem with installing three thousand seats a
day.
Commissioner Dawkins: Three thousand?
Mr. Lee: Yeah.
Commissioner Dawkins: You mean three hundred?
Mr. Lee: I say three thousand.
Commissioner Dawkins: Three thou... OK.
Mr. Lee: With the proper crews. It depends on how you man the crews.
Commissioner Dawkins: All right, no problem. So, therefore, the job could be
done in ten days. The job could be done in ten days. The job...
Mr. Lee: If you worked twenty-four hours a day, yes.
138 April 30, 1992
o,
Commissioner Dawkins: Beg your pardon?
Mr. Lee: If you work twenty-four hours a day, you can.
Commissioner Dawkins: Did the RFP require that they work twenty-four hours a
day?
Mr. Lee: No, sir. It requires that all the seats be installed by August
30th, or a hundred and twenty days from the date of award.
Commissioner Dawkins: All right. A hundred and twenty days. All right.
Now, somebody over there with a calendar, back in from a hundred and twenty
days and give me a date that you must start by to be completed by September...
No, Mr. Manager, we've got to go inspect them. By September... Yes, sir.
September 14th.
Mr. Lee: Again, it depends on how the contractor is figuring this. We're not
telling them when they'll have to start. We're telling them when they have to
finish.
Commissioner Dawkins: But you see, this is why the Manager stays in the
newspaper. OK? Not me. This is why The Miami Herald, why everybody stays on
this gentleman because he pays you people to tell him... OK. We've got to
start it this date, Mr. Manager, in order to be complete on this date, and now
you're telling me that you don't know of the three contractors, who said I can
do ten thousand a day, I can do one thousand a day, and our bid promises you
we will do "X" number a day.
Mr. Odio: We know that the... We installed... This is about the third set of
seats I installed there, and we had the same problem with twenty-five
thousand. If they start in June, the first week in June, they can be ready by
August 30th.
Commissioner Dawkins: June?
Mr. Odio: June.
Commissioner Dawkins: If they start June 1,...
Mr. Odio: The first week of June, they could be ready August 30th.
Commissioner Dawkins: All right. The first week of June is June 5th.
Mr. Odio: And we've done it before.
Commissioner Dawkins: If they start June 5th,...
Mr. Odio: They could be ready August...
Commissioner Dawkins: OK. You did it... Wait a minute now. You did it
before?
Mr. Odio: Yes.
139 April 30, 1992
Commissioner Dawkins: All right. What company did you use before?
Mr. Odio: I don't remember.
Commissioner Dawkins: All right. So you're not using the same company, Mr.
Manager.
Mr. Garcia -Toledo: We know about the company they used before.
Commissioner Dawkins: No, see... Hey, I don't pay you now. Hold on.
Mr. Odio: What is the company we used before, Ron? What was the name of the
company we used before?
Commissioner Dawkins: Hold up. Hold up, now. Me and Mr. Manager, we got
this. I pay the Manager over here.
Mr. Odio: Two years ago with the seating at the Orange Bowl. Do you
remember? Jim, do you remember.
Commissioner Plummer: I can tell you that the company that you used, Mr.
Manager, had to withdraw.
Mr. Odio: Probably so.
Commissioner Plummer: Yeah. No, the company that was chosen had to withdraw.
They couldn't meet the time restraints and everything...
Mr. Odio: It's a close...
Commissioner Plummer: ... and you had to go to another company.
Mr. Odio: It's a close time frame. It's a close time frame and we know that.
Commissioner Plummer: May I ask a question...
Mr. Odio: That's why...
Commissioner Plummer: ... aside, Mr. Dawkins, while they are looking up.
Commissioner Dawkins: Yes, sir. Yeah, I'm finished, Mr. Plummer.
Commissioner Plummer: What if the penalty if not completed, per day, if not
completed in the hundred days?
Mr. Lee: About thirty-five hundred dollars a day.
Commissioner Plummer: No, don't tell me about. Tell me what is the wording.
Mayor Suarez: Is it based on the...
Mr. Lee: Well, what...
140 April 30, 1992
Mr. Lee: Yes, sir.
Mayor Suarez: ... of one percent for every day?
Mr. Lee: Yes.
Mayor Suarez: That's it. That's all he wants to know. One tenth.
Commissioner Plummer: To the amount of the bid.
Mayor Suarez: Right.
Mr. Lee: Yes, sir.
Mayor Suarez: So, it's a matter of taking one part of a thousand of the total
amount, whatever that works out to be.
Commissioner Plummer: No, they're saying thirty-five hundred.
Mayor Suarez: Right.
Mr. Lee: All bidders, all contractors that bid this, all say that they can
complete it within that a hundred and twenty days, period.
Mr. Odio: Let me say this.
Mayor Suarez: OK. By the way, a hundred and twenty days, to answer
Commissioner Dawkins's first question,...
Commissioner Plummer: It's a hundred, isn't it?
Mayor Suarez: ... would bring us back to May 14th...
Mr. Odio: Mr. Mayor, the...
Mayor Suarez: ... from September 14th.
Commissioner Plummer: I thought it was a hundred.
Mr. Odio: Yeah, Jim is telling me the last time we installed twenty-five
thousand, it took sixty days. So we went...
Commissioner Dawkins: But the RFP that you put out said within a hundred
days,...
Mr. Odio: Yes,
Commissioner Dawkins: ... it did not say within a hundred and twenty days.
Mr. Odio: No, no. No, no. I agree and we feel that that's plenty of time.
141 April 30, 1992
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Commissioner Dawkins: So he shouldn't tell me a hundred and twenty days when
the RFP said...
Mr. Odio: You said a hundred days or a hundred and twenty?
Mr. Lee: I said a hundred and twenty days.
Commissioner Dawkins: The RFP said a hundred days.
Mr. Odio: A hundred days or a hundred and twenty?
Mayor Suarez: All right. We're going to hold you to the lesser of the two.
Mr. Odio: Well, I'd rather do it in a hundred days, to tell you the truth.
Mayor Suarez: All right, folks.
Commissioner Plummer: No, no, no. I want to know what it is because I want
to know when the penalty starts running.
Mr. Odio: It's...
Mayor Suarez: Assuming, of course, that the contract is entered into on a
particular day, you're talking about a hundred and twenty days from that day.
How...
Mr. Odio: From the point that they are awarded the contract.
Commissioner Plummer: No, my understanding it was a hundred days.
Mayor Suarez: I'm sorry. Whatever the number of days is.
Mr. Odio: Would you, somebody...
Mr. Lee: The bidder will complete the contract in accordance with the plans
and specifications within a maximum construction time of one hundred calendar
days and that time is of the essence.
Commissioner Plummer: One hundred days is what it is.
Mayor Suarez: One hundred calendar days.
Mr. Lee: One hundred calendar days.
Commissioner Plummer: Oh, calendar days.
Mayor Suarez: Now the moment we say time is of the essence, does that
provision apply as to the penalty?
Commissioner Dawkins: And it does not say one hundred working days, it
said...
Vice Mayor Alonso: We better spell that out.
142 April 30, 1992
s
Commissioner Dawkins: ... calendar days.
Commissioner Plummer: Is there a difference?
Mr. Lee: Calendar days starting...
Commissioner Plummer: Excuse my stupidity. Is there a
difference between
every day of the week and a calendar day?
Mr. Garcia -Toledo: Yes. Working days and calendar...
Mr. Odio: Calendar days is a shorter frame.
Mr. Lee: Saturdays and Sundays.
Mr. Odio: If you went only...
Commissioner Plummer: Is that a five-day work week?
Mr. Odio: If you went into a work week, you would be into
five days.
Mayor Suarez: By saying calendar day, you're clarifying
that you mean every
single day.
Mr. Lee: Yes.
Mayor Suarez: Saturday and Sunday included.
Vice Mayor Alonso: Every single day.
Mayor Suarez: Although...
Commissioner Plummer: Calendar is every day.
Vice Mayor Alonso: Yes.
Mayor Suarez: Right. Exactly.
Mr. Lee: So if you start... If you begin work by May
8th, and you add a
hundred, you're right at August 30th.
Commissioner Plummer: Why don't they just one hundred days?
Mayor Suarez: You can get away here by just saying one hundred days, J. L.,
because typically...
Vice Mayor Alonso: Working days.
Mayor Suarez: ... when it's less than seven is when
you begin to even
consider whether it's working days or not.
Commissioner Plummer: Fine. Fine.
143 April 30, 1992
Mayor Suarez: And the absence of that, I think it's automatically assumed to
be a calendar day including all Saturday and Sunday. All right.
Commissioner Plummer: Can we ask questions?
Mayor Suarez: Yeah. We've got to make a decision.
Commissioner Plummer: Mr. Lee.
Mayor Suarez: We've got a protest, etcetera.
Commissioner Plummer: Mr. Lee. Can you tell me why there were two
classifications of seats, and from what I see on the prices, it would indicate
to me one is better than the other.
Mr. Lee: No, sir. Both, in our opinion, were identical. We have two seat
manufacturers that were specified.
Commissioner Plummer: Why...
Mayor Suarez: So why did you then...
Commissioner Plummer: Why is there a big diversity in price if they're both,
in your estimation, the same?
Mayor Suarez: And if both were, in our estimation, the same why did we bid
two different alternatives instead of...
Mr. Lee: Because if we had specified...
Mayor Suarez: ... one and then go for the lowest price, Wally?
Mr. Lee: If we would have specified just one manufacturer of seats, we would
have been at the mercy of whatever price he would have...
Mayor Suarez: No, sir. This City has been through that for many, many years
going back to the old contract, to the old company from Grand Rapids,
Michigan, etcetera, etcetera. What you could have done then is specify, in a
generic way, what you need and let...
Commissioner Plummer: Sure.
Mr. Lee: Well, it was generic, Mayor. It is generic, but it ended up to be
those...
Mayor Suarez: Well, it's not generic when you tell me that you have to define
it in two different ways so that you get two different manufacturers. There's
no way... Now you might answer me that there's no way to do it generically,
that's OK. If you just say, look the only we could do this is by saying this
kind of seat which is manufactured by this company...
Mr. Odio: Actually, you know, Mr. Mayor, my preference would have been to
have the exact same seat that we now have there so we don't have mismatch in
the Orange Bowl.
144 April 30, 1992
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Mayor Suarez: What was wrong with that idea?
Mr. Odio: And I was told that it might not be possible to get those type of
seats so we opened it up more.
Mayor Suarez: Why wouldn't it be possible to get those same kind of seats?
Mr. Odio: But actually we should limit the type of seats to what we now have
there, and I... Is that what we're getting?
Mr. Lee: And that's what we're getting. Yes.
Mr. Odio: See, because if not...
Vice Mayor Alonso: Is it...
Mayor Suarez: That's what you're recommending?
Mr. Odio: Yes. Because if not, you're going to end up with a mismatch.
Mayor Suarez: OK. Could...
Vice Mayor Alonso: Isn't it true that... Oh, excuse me.
Mayor Suarez: Go ahead.
Vice Mayor Atonso:... that we lost by using this company or this manufacturer
because they only have one size, we lose a number of seats?
Mr. Lee: Not according to our engineers, Commissioner.
Vice Mayor Alonso: Is it true that we had problems last time when we made the
selection with this company?
Mr. Lee: I was not here then. I don't know.
Mr. Odio: No.
Vice Mayor Alonso: And that we had to add at the end of the rows additional
seats. Is that right?
Mr. Odio: I don't remember that part.
Mr. Lee: This was eight years ago, Commissioner. I'm not a...
Vice Mayor Alonso: But someone has to know that because it's important. If
we lose, or. it's not the same quality, or because of the way they are placed,
we have problems. You are saying yes, so you know what I'm talking about.
Mr. Garcia -Toledo: Yeah. I would like to address the Commission, if at all
possible, whenever.
Commissioner Plummer: May I ask a question?
145 April 30, 1992
1
Y,
Vice Mayor Alonso: Yeah, I think we should hear what it is.
Commissioner Plummer: You're recommending...
Mayor Suarez: Yeah, well make sure you tell us that.
Vice Mayor Alonso: When it gets to you, you explain to me what... Yes.
Mr. Garcia -Toledo: Thank you.
Commissioner Plummer: You're recommending MET. Were they not the firm that
had to throw in the towel the time before?
Mr. Lee: No, sir.
Commissioner Plummer: They are not?
Mr. Lee: It was COBAD.
Commissioner Plummer: OK.
Mr. Garcia -Toledo: Yes, sir. I do.
Mr. Odio: The red seat, to my recollection, is the one we now have.
Mrs. Luisa Garcia -Toledo: Yes. That is correct.
Mr. Lee: No.
Mr. Odio: No? Yes. What do you mean no?
Mr. Lee: I'm sorry.
Mr. Odio: The red seat is what we have...
Vice Mayor Alonso: They did the work before? - that company.
Mr. Odio: No, no.
Vice Mayor Alonso: They did the work before?
Mr. Odio: No, no. I'm talking about the materials, Miriam. That is what we
have, the red one. And we should have the same thing so that everybody has
the same seat and the Orange Bowl looks the same.
Vice Mayor Alonso: And they only got them in green, or it comes in different
colors? This comes in only green?
Mr. Garcia -Toledo: No, this comes in whatever color you would desire,
including that.
Mr. Odio: I've never seen the green one before, but it's entirely different
from what we have.
146 April 30, 1992
Vice Mayor Alonso: Which one 1s better? This looked better. Which one is
better?
Mr. Garcia -Toledo: This is blown plastic. This is what the industry is
using...
Mayor Suarez: Wait. First of all, you need a mike, Ralph. You need a mike.
Remember now, the Commissioner is saying which one is better, so when you
answer that tell us which one you think is better and why.
Mr. Garcia -Toledo: OK.
Mayor Suarez: Either one of you. I mean...
Mr. Garcia -Toledo: OK. First of all, Mr. Mayor, Commission. My name is
Rafael Garcia -Toledo. I reside at 5701 S.W. 2nd Terrace. I'm representing G-
T Sports Enterprises today. Today the industry standard is what is called
"blown plastic." OK? That green chair that you have there in front of you,
it has a two -layer system. OK? It actually makes it somewhat resilient. OK?
Where you sit down and there's a high level of comfort. The other chair, as
you see, has only one layer, and if - for lack of a better word - your gluteus
maximus does not fit that chair, you get the edges in your...
Mayor Suarez: Gluteus maximus.
Mr. Garcia -Toledo: Yes, well that's the way they taught it to me in school.
Mayor Suarez: I never thought I'd hear the day.
Mr. Garcia -Toledo: That's the way they taught it to me in high school.
Anyway, you will get those edges, and I would say my particular behind would
have that problem with that chair.
Mayor Suarez: You have a gluteus maximus yourself.
Mr. Garcia -Toledo: Yes. Gluteus maximus. Right here.
Commissioner Plummer: Look here.
Mayor Suarez: Some of us have gluteus minimus.
Commissioner Plummer: It even works for kids.
Mr. Garcia -Toledo: Oh boy! The biggest concern that the City should be
facing here is, due to the design of...
Commissioner De Yurre: This has ten percent better comfort. Ten percent.
Mr. Garcia -Toledo: Thank you, Commissioner.
Commissioner De Yurre: Than this one.
Mr. Garcia -Toledo: Thank you. That's our chair.
147 April 30, 1992
Mayor Suarez: Just tested it. Recent testing done by...
Commissioner De Yurre: Recent testing done...
Mr. Garcia -Toledo: I guess that's the gluteus maximum test. OK.
Commissioner De Yurre: ... right now.
Mr. Garcia -Toledo: The problem here is that with the sport seating chair, the
one that's not blown plastic, is that, due to the fact that they don't have a
seventeen and a half inch chair, they will lose chairs. OK? And due to
losing chairs, you will lose revenue. OK? They simply do not have a
seventeen and a half inch chair. And Mr. Steve Treon, which is from the
manufacturer of Contour will tell you more towards that. Steve, please.
Mr. Steve Treon: OK. My name is Steve Treon. I'm representing Contour
Seats, we're located in Allentown, Pennsylvania. What I'd like to say on that
_ behalf is first off, I used to work for Sport Seating before I came to Contour
Seats, so I'm very familiar with what products they have and, obviously, with
the products that we have.
Mayor Suarez: What company are you with? I'm sorry.
Mr. Treon: Contour Seats. I'm the plastic. The green seat.
Mayor Suarez: And what relationship do you have to...
Mr. Treon: They're our local representative.
Mayor Suarez: ... the Garcia -Toledo...
Mr. Treon: They're our local representative.
Mr. Odio: May I just ask him one question, please? Maybe my eyes are bad,
but isn't the green seat bigger than the red seat? I mean wider.
Mr. Treon: Not at all. It's smaller. The width is smaller, sir.
Mr. Odio: Oh. My eyes are going bad then.
Mr. Garcia -Toledo: Well, you just stand them next to each other.
Mr. Odio: Yeah. Yeah. They're... OK.
Mr. Odio: So the gluteus max... What do you call it? - will fit better in the
green one. Huh? OK.
Mayor Suarez: Actually this is wider, by the way. For whatever that means.
This one's longer, this is wider. Am I right?
Mr. Odio: Just for the record, we do not lose any seats with either one. We
do not lose any seats.
148 April 30, 1992
a
low
Mr. Treon: That is not true. We... You know, we were asked back in March by
the Department of Public Works to assist them with the specifications. I came
down here. I measured the Orange Bowl. We have an in-house computer system
that we use to try and determine whether or not you will lose the seats and
what is required. I have data...
Mayor Suarez: Is this a cross... I'm sorry.
Mr. Treon: Pardon?
Mayor Suarez: Is this a cross-section of...
Mr. Treon: That 1s correct.
Mayor Suarez: ... this one?
Mr. Garcia -Toledo: That's correct.
Mr. Treon: That is correct.
Mayor Suarez: Which you gave us in a different color to keep us, you know,
nice and confused.
Mr. Garcia -Toledo: So you can have a color coordination there.
Mr. Treon: Yeah.
Mayor Suarez: Color confusion is what we've got here. All right.
Mr. Treon: OK. What we had done, was we had measured one portion of the
lower section of the Stadium. And I have all the data right here. What it's
showing is that a seventeen and half inch seat is in fact required, and, as a
matter of fact, in some sections you need a little bit less than that. If you
don't use a seventeen and a half inch seat, in just section N alone, you could
lose as many as twelve seats. That's just one section. In sections N, 0, P,
Q, V, W, X and Y, which is about twenty-four percent of the project, you could
lose as many as sixty seats. These are actual field dimensions that we took.
Mayor Suarez: Do the specs... Does the RFP...
Vice Mayor Alonso: Are you people listening to this?
Mr. Treon: The specs require a seventeen inch seat.
Mayor Suarez: ... suggest that you must be able to accommodate a certain
number of seats in a particular section?
Mr. Lee: Yes, Mayor, and if the drawings that were given to all the bidders
will show that we would not lose any seats.
Mr. Treon: Yes. The drawings show that you have to match that number of
seats, and that's what we based it on. In order to match that number of
seats, we took the physical dimensions.
149 April 30, 1992
Mayor Suarez: Probably your drawings don't show it because you probably, with
the wider seats, simply push a little bit towards the aisle at every row that
happens or something is probably what you end up doing.
Mr. Lee: Well, whoever gets this will have to give us... Take out thirty
thousand and replace thirty thousand seats.
Mr. Treon: Right. But if the other...
Mayor Suarez: Yeah, we just want him to get...
Vice Mayor Alonso: How do they do it?
Mayor Suarez: We don't want him to get to twenty-eight thousand, you know,
and find out that they've run out of space, you know, Wally. I mean...
Mr. Treon: It takes three months to make a mold. If they...
Mayor Suarez: ... and then have a lawsuit on our hands.
Mr. Treon: I mean, it takes three months to make a mold. If they don't have
the product now, there's no way they can provide it.
Mrs. Garcia -Toledo: You had... If I...
Mr. Odio: I think maybe we should hear the company that is proffering to
install them and let them speak for themselves...
Vice Mayor Alonso: Yeah, they should answer these questions.
Mr. Odio: ... and not through you, please.
Mr. Treon: Certainly.
Mr. Garcia -Toledo: Right. I also note in the area of the Hurricane Club
section...
Commissioner Plummer: What do you want to do?
Mr. Threlkeld: ... where you installed new seats...
Mr. Odio: Could we allow them to speak to that issue?
Mr. Threlkeld: Certainly. If I may.
Mrs. Garcia -Toledo: I would like, of course, to be back on the microphone
explaining all these procedures.
Mayor Suarez: Yes, we'll hear again on relevant points. Sir, name and
address and company you're affiliated with.
Mr. Threlkeld: Yes. My name is Major Threlkeld. I work for MET
Construction. I live at 498 N.E. 50th Terrace. We are the... Actually we
were the low bidder and we are going to use Sport Seating's seats. They have
150 April 30, 1992
been in the Orange Bowl for four years now, and they work. That's to the
point. It works. They're saying it doesn't work. There's proof. You go to
the Stadium. It works. It's in there. They haven't lost the seats. It
has... The other seat, it's wider. You're going to lose leg room. Someone's
knees are going to be right in the back of the other person's. The actual
representative is not here, but he also told me that Sport Seating has been
around twenty years longer than these people. The materials, the hardware,
their hardware is inferior to Sport Seating's seats. Everything they've been
saying as far as I have seen and we have done - Mrs. Alonso you said, we have
done many contracts. We just finished the bathrooms, the new bathrooms there
and we... In other words, we've been in that Stadium, done work year after
year for the past twenty year.
Mayor Suarez: You know, one quick observation that we have - we're not
experts, although we're quickly becoming - is that this one layer...
Mr. Threlkeld: Excuse me.
Mayor Suarez: ... and this is two layers. Now can you comment on whether -
and this has a lot more give, as you can see, with your hand than this - can
you comment on whether that makes this better than that? Perhaps the fact
that this has two layers is not a good idea. I mean I can imagine humidity
getting in here. I don't know. But perhaps...
Mr. Threlkeld: Possibly not as sturdy with people standing on it.
Mayor Suarez: Perhaps this doesn't look as sturdy as that, you know, as the
double layer one. Can you comment on...
Mr. Threlkeld: Mr. Mayor, it's been in the Stadium for the four years it's
there and I have never seen any broken. You can ask any of the Public Works
people.
Mr. Odio: No, no. Let me say this. I put them in in the first place. They
have never, for my knowledge, been one broken.
Mr. Threlkeld: And those seats are in every area of the Stadium. The upper
deck, the lower deck, in the north - excuse me - in the west and east ends.
So it's been tried in every section of the stadium and it has worked.
Commissioner Plummer: Wally, what is the guarantee on the - well, I guess I
can't call it the inferior - cheaper seat?
Mr. Threlkeld: Mr. Mayor, may I show you something with the seat?
Mayor Suarez: Yes, sir.
Commissioner Plummer: What's the warranty on the cheaper seats?
Mayor Suarez: You're going to need to take the mike with you.
Vice Mayor Alonso: Oh, you have to go to the mike.
Commissioner Dawkins: Go to the mike.
151
April 30, 1992
�._,r,v Vile
Mayor Suarez: There's one you can take with you.
Mr. Threlkeld: They are saying that this seat is longer. This seat... This
dimension here can be cut, and you're not losing any portion of the seat. It
can be cut because it's a full mold. You can cut it and it'll still work.
This one you couldn't cut it. You'd lose the integrity of the interior
hollowness of it. If this seat doesn't fit as is, it's not going to work.
This one can be cut to size.
Commissioner De Yurre: Aren't these placed in slabs? - pretty much the whole
row. Aren't they fixed together?
Mr. Threlkeld: Yes. Yes.
Commissioner De Yurre: They're not individually cut?
Mr. Threlkeld: No, but what I'm saying is if... He's saying you are losing a
fraction of an inch here. You could cut this red seat to fit this exact size
with no problem whatsoever. If you had...
Mayor Suarez: And it doesn't affect the joinder, the compatibility...
Mr. Threlkeld: No, it would not.
Mayor Suarez: ... with the one next to it?
Mr. Threlkeld: No, it would not.
Mr. Odio: I just had a call from the Orange Bowl - and my memory is
getting... I'm getting old. The red seats have been installed for eight
years. According to the stadium manager, we have never had to replace one.
His concern - and he asked me to voice it, he was busy with the soccer
league - is that on the double layer, if the first layer breaks, then you get
water inside and that begins the process to destroy the seat. That's number
one issue. The number two issue, we save ninety thousand dollars by going
with something that we have tried for eight years.
Mr. Threlkeld: This seat here is a ninety thousand dollar cheaper seat.
Mr. Odio: Cheaper.
Mr. Lee: Ninety-six.
Mr. Odio: Ninety-six thousand. I'm sorry.
Mr. Threlkeld: And it is tried and is tested. It works. If they say, if
it's not broke, why fix it? Why go with something that you...
Mayor Suarez: Well, well. Let me tell you something. I can't pin it down
and I can't pretend to tell you that I have documentary proof of it, but I am
pretty sure we have received...
Mr. Odio: Yes we have.
152 April 30, 1992
rr .
Mayor Suarez: ... some complaints...
Mr. Odio: On the old ones.
Mayor Suarez: Yes.
Mr. Odio: You know which one? On the ones we are taking out.
Mr. Threlkeld: Those are the wood and fiberglass seats.
Mr. Odio: Mr. Mayor, I wish we had money eight years ago...
Mayor Suarez: I don't think so.
Mr. Odio: Yeah.
Mayor Suarez: I thought it was on newly installed ones...
Mr. Odio: No. No.
Mayor Suarez: ... that I got some letters and complaints.
Mr. Odio: It's on the fiberglass seats that once they begin to go, we have to
take them out. That's what we're taking out now.
Commissioner Dawkins: Are you a local firm, sir?
Mr. Threlkeld: Yes, sir, we are. We're in the City of Miami.
Commissioner Dawkins: Where are you located? Where are you...
Mr. Threlkeld: N.W. 54th Street.
Mayor Suarez: Yeah, it's on... The complaints we received is on the new ones.
I'm sorry.
Commissioner Dawkins: No, problem, Mr. Mayor.
Mayor Suarez: Yeah, it's on the new ones, and I think part of the complaint
has to do with the fact that there are no backs as there used to be.
Mr. Odio: No, that we have received complaints and...
Mayor Suarez: All right, well let's put it on the record.
Vice Mayor Alonso: Lots of complaints.
Mayor Suarez: Yes.
Mr. Odio: ... on the chair backs. That they are not chair backs. And that
you can...
! 153 April 30, 1992
Mayor Suarez: And I believe I have received some complaints that they were
discoloring...
Mr. Odio: ... that you cannot clip on...
Mayor Suarez: ... and deforming and otherwise not in good shape. I can't
pretend to answer that right now because I'm not an expert. I haven't even
been to the...
Mr. Threlkeld: Sir, about color, 1f it's the same plastic, both of them are
going to discolor, which I believe they are both the same material, the same
plastic.
Mayor Suarez: Well, maybe not.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: All right. Yeah. We're going to...
Mr. Threlkeld: I have a couple more things to say.
Mayor Suarez: Yes, go ahead and complete your presentation.
Mr. Threlkeld: That we've been accused of saying we wouldn't work on
weekends. Now, that's not true. To meet the deadline, there is no reason
that a general contractor could not install a simple installation such as
this, which we have done before. If he can't build a building of this size,
why couldn't he put in a seat? Which we have done. So...
Mayor Suarez: OK.
Commissioner Dawkins: How many seats would you say you would install a day?
Mr. Threlkeld: Approximately five hundred, sir.
Commissioner Dawkins: Five hundred?
Mr. Threlkeld: Yes. And if needed be, we could bring on the more manpower,
work nights, weekends, to do it.
Commissioner Dawkins: So that's a long ways from your ten thousand.
Mr. Threlkeld: Well, Mr. Commissioner...
Commissioner Dawkins: Three thousand.
Mr. Threlkeld: When the seats arrive, we would...
Commissioner Dawkins: Sir,...
Mr. Threlkeld: ... assess the situation.
Commissioner Dawkins: ... sixty days is well within the hundred day limit. I
have no problem with it, sir.
154 April 30, 1992
Mr. Threlkeld: OK. Thank you.
Commissioner Dawkins: None whatsoever.
Mrs. Garcia -Toledo: Excuse me. My name is Luisa Garcia -Toledo. I own G-T
Sports Enterprises. I would like to say that Steve Treon, which is our
manufacturer, used to work for this other company, so he knows the product
inside out. I would like to say also that this chair drains and this one does
not. There will be water here, there will be none here, and that we have
different sizes. We have made this small, specifically for the Orange Bowl.
This one. We have different sizes and all the colors that are needed. Steve.
Commissioner Plummer: Can I go back and ask my question? Mr. Lee. What are
the warranties on both of these?
Mr. Lee: We're getting it for you, Commissioner. It's on the...
Commissioner Plummer: If they're both the same warranty, I think that we
ought to know.
Mr. Treon: Oh, I'm sorry. Yes, Contour Seats does offer a three-year
warranty. Three years...
Commissioner Plummer: Excuse me.
Mr. Treon: Contour Seats does offer a three-year warranty.
Commissioner Plummer: Three-year full warranty?
Mr. Treon: One-year full warranty, three years on the plastic. We've... The
aluminum components underneath the plastic components have never... They're
stable and we find it hard to believe...
Commissioner Plummer: And what is the other chair? What is the warranty on
that?
Mr. Lee: We're getting that for you. These are the ones that have been there
in the Orange Bowl for eight years. So... But I'll get officially what we
have on the requirements.
Mayor Suarez: Experiment in fluid dynamics here underneath the dais.
Definitely the red one retains much more water than the green one. At least
from this very, very rough experiment that I just did with a cup of water.
Mr. Treon: OK. You know...
Mayor Suarez: Now we'll have one of my Commissioners sit on it and tell you
which one feels better with the water.
Mr. Treon: Blow -molded plastic...
Mayor Suarez: No, not a great...
155 April 30, 1992
h
I ..
Vice Mayor Alonso: Not a great difference.
Mayor Suarez: Not a great difference.
Vice Mayor Alonso: No.
Mr. Treon: OK.
Mayor Suarez: Because yours is angled, even though it's got a...
Vice Mayor Alonso: Not a great difference.
Mayor Suarez: ... certain basin to it, it's angled. So that kind of falls
off one end, and yours is sloped all the way...
Mr. Treon: That's correct.
Mayor Suarez: ... and it does not have any basin.
Mr. Treon: No, the blow -molded plastic is the same plastic blow -molded
material that you'll find in major stadium in this country. Every major
stadium, even Joe Robbie Stadium, it's a chair back seat. Every major
stadium...
Commissioner Plummer: Who?
Mr. Treon: ... in this country has - I'm sorry, sir - has blow -molded
plastic. I think it's important to mention that. That is the preferred
plastic. Obviously Contour Seats, since we had come after Sport Seating, our
product was developed to be superior to that product, of course, and I can
show also with technical data that even if they cut the plastic, because of
the clamp -down that goes between the seats, the best they can do is seventeen
and three quarter inches. That's the best they can possibly do.
Mayor Suarez: As opposed to?
Mr. Treon: You need a seventeen and a half in order to not lose seats.
Mayor Suarez: Seventeen and a half. Quarter inch.
Mr. Treon: That's per seat on about thirty seats across. So, I mean, it's
not that easy to make up. Also, the installation...
Mayor Suarez: That would be seven and a half feet over the whole bench.
Mr. Treon: Inches, sir.
Mayor Suarez: No?
Mr. Treon: Inches.
Mayor Suarez: Inches?
Mr. Treon: Yes.
156 April 30, 1992
Mayor Suarez: That's not a lot.
Mr. Treon: Also I think it's important to mention...
Mayor Suarez: So then it goes over a little bit on both sides, probably is
what they do onto the aisle. Probably three and three quarters on each side
onto the aisle is probably what you would end up doing, or if you could cut
them. One of the two things.
Mr. Treon: In this installation process, I'm not sure how the job was done
eight years ago, but the Orange Bowl is not just open for you to come in with
a hundred people and start installing seats. There is major work going on at
the Stadium. As a matter of fact, you're only allowed in certain sections at
a time. It makes the installation very difficult under the time frames. You
have people painting the underside of the upper deck, and I just feel that...
I mean, the specifications clearly call out for a minimum of two years'
experience. The installer we selected has twenty-three years. I don't...
Certainly it's only my opinion, but I don't feel that it can be done in time.
Mr. Odio: I want to say something for the record. I...
Mayor Suarez: Well, you may, Mr. Manager. But let me tell you from the
viewpoint of this Commission, I think reflecting the way we all feel about
this, we don't appreciate being put into a situation where we have to select
between these two kinds of seats. That's something that should have been done
administratively. You should have made a selection. You should have then,
generically, specified it, if possible. If not, come back to the Commission
and say, you know what, on the seating, we're going to have to go with one
particular kind of seat because we recommend it...
Mr. Odio: Well, you're asking...
Mayor Suarez: ... and then we go to the lowest bidder. Because for us to be
now in the position of deciding between two...
Vice Mayor Alonso: Testing with water and everything.
Mr. Odio: No. I have...
Mayor Suarez: ... you know, two groups and I have a feeling that no one has
done any of this. You know, when I bought tiles for my house, I tried
dropping a hammer on them.
Mr. Odio: Mr. Mayor.
Mayor Suarez: I wonder if you had any force applied to these. I wonder if,
you know, if you would have put before us something that we can...
Mr. Odio: May I say something?
Mayor Suarez: ... within our abilities decide. Now we can...
Mr. Odio: May I say something?
157
April 30, 1992
Mayor Suarez: Wait a minute.
Vice Mayor Alonso: Well eight years of use is enough test.
Mr. Odio: I have no hesitation whatsoever to tell you to buy the red one. We
have tried it for eight years.
Mayor Suarez: So why did you specify two different kinds then? So we have a
quandary here of having two groups.
Mr. Odio: You always want to see if you can get something better. It's a
better price. I'll tell you something. If they had come in...
Mayor Suarez: You make that determination in advance and you let them bid for
the lower price. That's what this Commission is in the business of doing.
Mr. Odio: If they had come in at a lower price with the green one, I would
have recommended the green one. If they had come in at a lower price with the
green one, I would have said buy the green one because we need the same...
Mayor Suarez: Oh, then the issue of color would not be a factor. The fact
that you now have one...
Commissioner Plummer: Why? That's the point I was asking.
Mr. Odio: The color has to be orange.
Mrs. Garcia -Toledo: It will be. We have the color. Exactly the same color.
Mr. Odio: But I have no hesitation whatsoever to tell you that we came out
ahead by saving ninety-six thousand dollars and getting a product that we have
tried for eight years and it works.
Commissioner Plummer: Mr. Manager, I only have one question of you, sir. You
made a statement that if the green one had come in at a lower price, you would
have...
Mr. Odio: We would have to recommend it.
Commissioner Plummer: Why? That's what I'm asking.
Mr. Odio: Because I think...
Commissioner Plummer: Is it a better seat?
Mr. Odio: I don't think they're better.
Commissioner Plummer: Then why would you have recommended it if it came in
cheaper?
Mr. Odio: Because that's the bidding process.
No, I'd rather have the...
And would I have liked it?
158 April 30, 1992
0
Commissioner Plummer: Well, what you're saying is, regardless of which one
came in lowest, you would have taken it.
Mr. Odio: Yes.
Commissioner Plummer: Not one...
Mr. Odio: No.
Commissioner Plummer: ... preferably over the other.
Mr. Odio: No. I'm honest about it...
Mrs. Garcia -Toledo: That is not requested in the bid to go for the lower.
Mr. Odio: ... and they know how I feel about it. However, the red one came
in lower, and I'm happy. Because the Orange Bowl will look like one and not a
mismatch of pieces. We need to make that place look...
Mayor Suarez: If that was an important criteria, you should have specified it
up front.
Mr. Odio: Well, the other...
Mayor Suarez: If the...
Mr. Odio: We have been told, and at one point, that the red ones might not be
available, and I'm happy to see that they are.
Mayor Suarez: How can that not be determined up front?
Mr. Odio: We were...
Mayor Suarez: How can you not know up front if the red ones are available or
not?
Mr. Odio: Well, I was told at one point, that they might not be, and I'm glad
to see that they are, because now you can have one Orange Bowl that looks the
same.
Mayor Suarez: Al right. We understand your recommending the orange one.
All right. Commissioners.
Mrs. Garcia -Toledo: Mr. Mayor.
Mayor Suarez: Yes.
i
Mrs. Garcia -Toledo: I would like you all to note the picture that I
distributed before about the uneven installation of the chairs that they
installed. You can see it waving all around, and I don't think that will make
a showplace of our Orange Bowl, which is home.
Mayor Suarez: What about this, sir? - The gentleman behind you with the other
company.
159 April 30, 1992
Mrs. Garcia -Toledo: I would like also Steve to talk about the actual
installation of our chairs and of the other chairs, which he has great
experience. It's completely different. It's a very involved process that
will delay this project. Would you like to do that, Steve?
Mayor Suarez: No. Wait a minute. Let me get an answer on that. What about
the unevenness that she is reflecting there in the installation of the...
Mr. Threlkeld: The unevenness comes not from the seats, or the base, which is
this, it comes from the actual... The joists and the concrete where they are
placed. That actual picture comes from the construction that COBAD
Construction did which you all know about. They could not complete their
contract. So, that is in turn why you have the seats doing this, is because
they are... The joists themselves are not installed properly.
Vice Mayor Alonso: Can anyone from the Administration listen to this?
Mayor Suarez: Mr. Manager, please. Mr. Manager, please, we need your full,
undivided attention on this. And as long as we're putting things into the
record, if I may interrupt you, sir. Let me introduce into the record the
correspondence received today, timely, on the issue that is before us and at
least two letters having to do, I think, with your company and I want to
introduce these into the record. They support your company as a minority
contractor, etcetera. Go ahead.
Mr. Threlkeld: Yes. And we cannot be responsible for the sub -base which we
are provided with. We have to work with that. We did not install those
seats, so I cannot be... I cannot tell you why there might be another reason
why they go that way.
Vice Mayor Alonso: The end result of your work will not look like that?
Mr. Threlkeld: No. It's up to the Public Works. They will come to us. If
it did happen that way, they would say they don't like it. We don't get paid.
We have to fix it. That's why it wouldn't be like that.
Vice Mayor Alonso: Could you, Mr. Lee, address this problem and give us an
answer?
Mr. Lee: Well, they will have to be even or, if not, they don't get paid.
It's a question of installing it properly.
Vice Mayor Alonso: Well the truth of the matter is, that picture reflects
that they are uneven, what we have now.
Mr. Lee: Well...
Vice Mayor Alonso: It has to do with the base, it has to do with something in
the manufacture of these seats that will cause this to be this way or not.
Mr. Lee: It should not be that way now. It's hard for me just looking at a
picture at twenty paces to tell you what exactly was, what the problem might
be there.
{
160 April 30, 1992
Vice Mayor Alonso: No. Show him the picture. He should see the picture.
Mr. Threlkeld: Mrs. Alonso, it's the installer. It is not the seat
manufacturer. You understand?
Vice Mayor Alonso: Yes.
Mr. Threlkeld: Either seat could do this, or either seat could be straight.
It's the installer.
Vice Mayor Alonso: So you're saying that it has nothing to do with...
Mr. Threlkeld: And if the installer does not install it correctly, they do
not get paid.
Mr. James Bergrab: This is the area of the stadium that they did last year.
That they pulled all the seats out. They poured new slabs, and evidently they
rushed to put the seats back. If you took pictures all around the stadium,
you wouldn't find ...
Mr. Threlkeld: That could be corrected.
Mr. Bergrab: This is probably the only area of the stadium you have this.
Mr. Lee: With COBAD.
Mr. Odio: That's the company we kicked out, COBAD, Mr. Mayor.
Mayor Suarez: Both companies... Which is your company, sir?
Mr. Chuck Moran: My name is Chuck Moran. I'm president of Frank J. Moran,
Incorporated. We're at 1501 N.W. 29th Street in the City of Miami.
Mayor Suarez: And what is the relationship of...
Mr. Moran: We were the second low bidder on bid item B, which is the orange
seats.
Mayor Suarez: OK. Before you make your presentation, a gentleman just came
and sat down there, Mr. Vickers, for many years has been a County affirmative
action and procurement official. All of your companies who have to meet, who
are in fact selected, whichever one is selected and have to meet a deadline
and need to hire additional employees, you may go to him and you may go to our
own office of minority procurement for employees, because we'd like to see
this entire community participate in the Orange Bowl renovations, and it's
very easy to get some employees by talking to Mr. Vickers. Paul's... Mr.
Hardemann, our own minority procurement people will give you a lot of good
employees to get this done in a heck of a hurry and you're going to have to
meet that deadline. So you might keep that in mind. In the future, we're
going to be looking more and more at the composition of your work force
anyhow. So...
i
161 April 30, 1992
i
AfthL ASK
RM
Commissioner Plummer: Before he starts. Mr. Lee, I would ask you to look
up - because I want you to address when he's finished. I'm concerned - I
don't know 1f you are - the difference 1n the installation of the seats, the
low cost of installation is three dollars per seat, and the high cost is eight
oh six. There's a five dollar difference between bidders, or, I assume, at
thirty thousand seats, is a hundred and fifty thousand dollars difference
between bidders. Now that seems extraordinarily high to me for just the
installation. It doesn't speak to the seat or the quality of the seat or
anything else, and I know there can be a great variation. But I'm going to
ask you to... I'm sorry. It's three dollars to eight thirty.
Mr. Lee: Yeah. For example, MCM Corporation...
Commissioner Plummer: Sir. Let him go ahead.
Mr. Lee: Oh. I'm sorry.
Commissioner Plummer: You can address it afterwards. Because you had to look
everything up before. That's why I wanted to ask you to do it now.
Mr. Moran: OK. Thank you. Our firm has also performed numerous projects for
the City of Miami over the years. We're currently installing all new
distribution equipment in the Orange Bowl, taking out all the old electric,
which is a difficult job with Al Sunshine following you around all day with
his cameras.
Mayor Suarez: A lot of things are made more difficult with Al Sunshine
following you around.
Mr. Moran: But we're keeping things on the up and up. We did figure the less
expensive seat, as MET Construction did. I take the same exception as MET
Construction takes with the letter that G-T Sports wrote regarding our
inexperience in installing seats. We've installed hundreds and hundreds of
seats. We're currently installing seats at Manuel Artime for the City of
Miami. So, that letter has absolutely no merit and I don't know where it came
from. My concern is our bid is approximately two percent higher than that of
MET Construction for bid item "B." It's my opinion that the apparent low
bidder did not provide the correct bid bond with his bid. The contract
documents clearly state that the bid bond will be five percent of the amount
bid. The low bidder's bid on bid item "A" was in excess of a million dollars.
His bond did not cover that amount.
Mayor Suarez: OK. Mr. Lee, or Mr. Kay - McKay - Kay. What is the answer to
his suggestion that MET did not have the required bid bond of five percent of
the face value of the bid?
Mr. Lee: Mr. Mayor, MET submitted, again, a bid for seven hundred and
seventy-two thousand five hundred dollars and they had a bid bond for fifty
thousand, which exceeds...
Mayor Suarez: All right.
Mr. Lee: ... five percent.
162 April 30, 1992
Mr. Moran: Mr. Lee, could you read their price for bid number "A"?
z
Mr. Lee: Mr. Moran, we picked alternate "B."
Mr. Moran: With due respect, the bid documents call for you to submit a bid
bond in the amount of five percent of the bid, not the amount accepted. Had
you decided to accept the bid for over a million dollars, he did not furnish
adequate bond. I won't stand here and argue with you...
Mayor Suarez: Well, if we were inclined to accept the million dollar one, I
guess we would have a problem with the percentage.
i Mr. Lee: Yes.
Mayor Suarez: But since we're inclined to go with the seven hundred and
seventy -some thousand one,...
Mr. Moran: OK.
Mayor Suarez: ... it seems to have sort of obviated itself. All right.
Mr. Moran: Well, again, in my opinion, the contract documents require you to
submit five percent of the value of your bid, not just what's accepted, of
your entire bid. That was not done. Also at issue, the bonding company used
was not an A -rated company. It's a 8-rated company. The contract documents
clearly state that the surety will be an A -rated surety. I define surety as a
bid bond surety and a performance bond surety. And the "A" company was not
provided. We did furnish an "A" company. And I don't have a problem with the
City changing their requirements. If you want to lower the bidding
requirements as they pertain to bonds, just let us know before we bid so it's
fair to everybody. We maybe would like to have gone out and tried to get a
"B" company to improve our bid price.
Mayor Suarez: What exactly does a surety bond, in that context of a bid bond,
guarantee us? - Wally.
Mr. Lee: Well, the basic...
Mayor Suarez: You're pronouncing it "surety," I guess is what...
Mr. Lee: Well,...
Mayor Suarez: ... I pronounce "shurety," right?
Mr. Moran: Yeah.
Mayor Suarez: "Shurety" bond?
Mr. Lee: The bid bond tries to protect the City, let's say, in case we award
the contract to MET and they say "Oh, I'm sorry. I can't do it for "X"
reason." Hopefully that bid bond will cover the difference in price...
Mayor Suarez: Our cost of going and finding substitute...
163 April 30, 1992
Mr. Lee: ... versus us going...
Mayor Suarez: All right.
Mr. Lee: That's the basic intent of it. Now, if you wish, I'll address the
second point of Mr. Moran.
Vice Mayor Alonso: Yes. And also that we changed the bid process by allowing
exceptions...
Mr. Lee: That is...
Vice Mayor Alonso: ... as he has stated.
Mr. Lee: That is completely incorrect. I... Well, let me get this here.
Section 18-54.4 of the City Code contains the general criteria for bonds. It
does not specify minimum ratings for surety companies. The rating in the bid
document, which was given to all the contractors, is a requirement stipulated
by the Public Works Department. Also the "A" rating for surety companies as
cited in your letter only applies to performance bonds, not bid security
bonds. Therefore, since the contract hasn't been awarded yet, we execute the
performance bond once the contract is awarded and we negotiate it with the
contractor. So...
Mr. Moran: Whether it's a requirement of the City of Miami Code or a
requirement, in this case, of Public Works in the bid documents, it's a
requirement. It refers to surety. A bid bond is a surety just the same as a
performance bond is a surety. The conditions were not met, in my opinion.
Mayor Suarez: OK. Anything further on your offer, Mr. Moran?
Mr. Moran: No, sir. Just that this job was supposed to be awarded in the bid
documents, I believe, on May 8th. We found out late last night that it was
going today. The time for protest has not even expired yet, and you're going
to make an award.
Mr. Odio: This agenda has been out for five days.
Mr. Moran: I said I just found out about it last night.
Mr. Odio: Well, that's your problem. It's been out for five days.
Mr. Moran: Yes, sir.
Mayor Suarez: What... How many employees do you have working now on the work
that you are doing at the Orange Bowl? We probably have about eighteen people
at the Orange Bowl at the present time.
Mayor Suarez: What is the total amount of the work that you're doing? What
is the total cost or value or...
Mr. Moran: The contract's in the neighborhood of five hundred thousand
dollars.
164 April 30, 1992
4
Mayor Suarez: May we assume that your work force reflects reasonably close
the City's population?
Mr. Moran: I would say I'm probably over what our work force reflects.
Mayor Suarez: Good. Because we're going to go by there and say hi to them
and check them out 1n the next few days.
Mr. Moran: We'd be glad to have you out there. We do have an affirmative
action plan and it is on file with the City of Miami.
Mayor Suarez: Very good.
Mr. Moran: Thank you.
Commissioner Dawkins: Hold it. Hold it. Hold it.
Mr. Lee: Mr. Mayor, their work has...
Commissioner Dawkins: I can't let him get away with that.
Mr. Lee: And their work has been excellent.
Commissioner Dawkins: A plan isn't no good. To have a plan on file and when
I go out, I don't see the bodies, it doesn't work, sir. So tell me you've got
the bodies...
Mr. Moran: Commissioner Dawkins,...
Commissioner Dawkins: ... and then you got me.
Mr. Moran: ... we do have the body.
Commissioner Dawkins: Thank you.
Mr. Moran: I personally would like...
Commissioner Dawkins: Thank you.
Mr. Moran: ... to invite you to the Orange Bowl tomorrow and I will introduce
you to every employee...
Mayor Suarez: No, we'll do it on a day that you're not expecting us.
Mr. Moran: That's fine. I'll give you the foreman's name. One other thing,
that, I forgot to add. I believe that the installers that G-T proposes to
hire are from out of town. They are not local work force. I may be wrong,
but that's what I've heard. That they are from Texas.
Mayor Suarez: Texas? We've seen that before with the Arena.
Mrs. Garcia -Toledo: Luisa Garcia -Toledo, G-T Sports. Mr. Mayor, I would
like to say that we are a minority -owned company, that we have a track record
with the City, while you were in a rush a few weeks ago, we delivered... We
made a good project out of the park...
165 April 30, 1992
Mayor Suarez: You're talking about Curtis Park?
Mr. Garcia -Toledo: Yes.
Mr. Odio: That is true. They did an excellent job on the tract there.
Excellent.
Mrs. Garcia -Toledo: I would like to say also that our chairs will get here on
time, that the installation process for our chairs, that we do believe is the
best of the two products. We are the low bidder in the chairs. The
installation process is much easier than the other one. The technicalities
about the installation of the other chair I would like Steve to talk about it.
That we have already proven our record and that we will do it on time also.
But our chairs will be here on time, which is a very important point, because
I don't think our competitors will be able to deliver the chairs on time.
Steve, will you explain this?
Mr. Treon: Yes. The actual installation at the Orange Bowl, even as done the
last time, requires you torching off the front of the mount for the sports
seating product, even in some cases, the back of the mount. This increases
the difficulty of the installation. As you can see by our detail, we do not
even have to alter the existing mount, and yet we feel we can still only
install three to four hundred seats a day, and it'll take eleven to twelve
weeks to do it, with product on -site in three weeks.
Commissioner Plummer: Is that aluminum? Won't last very long.
Mr. Treon: The plastic goes over top of that rail system.
Commissioner Plummer: Have you ever seen the homeless do a number on scrap
aluminum?
Mr. Treon: That's another point, actually, about the security of the material
on -site. We provided, as I believe were called out in the specifications,
security on -site when we were not there between the hours of six -thirty at
night and six -thirty in the morning.
Commissioner Plummer: Sir. For your information, we have arrested them
tearing down bridges. Mr. Lee, while we have this pause at the time, would
you please give me a rationale, if possible, on the difference of what you
think is the difference of the same seat by different manufacturers of a range
for installation of three dollars as opposed to eight dollars and thirty
cents? Why?
Mr. Lee: Commissioner, I think if you go, if you see an average let's say
between three and change and four and change, that's within the ball park
figure. Somebody did quote or figure eight dollars and thirty cents, they
really screwed up in putting their quotation together. That would be my
guess.
Commissioner Plummer: The company that did it prior, do you recall what their
installation charge was?
166 April 30, 1992
Mr. Lee: No, sir.
Vice Mayor Alonso: It doesn't make any difference because it was a long time
ago. Right?
Commissioner Plummer: No, it's just more than double, Wally, is what concerns
me. You know, just... Let me go more to what I'm saying, and I don't even
know the two companies, but just to use it for an example. You're talking a
hundred thousand dollars difference on installation. But where it more
concerns me on the same specked chair, these two companies I'm looking at, one
is six hundred and eighty-three dollars for the chair, and the other one is
nine hundred and ninety thousand, and the difference is installation. Now,
you know, we don't warranty or buy or do anything with installation. We're
buying a chair that we're worried about how long the chair is going to last.
And installation goes from, well I guess, a high of a hundred and ninety...
No, two hundred and forty-nine thousand on this one. Two hundred and forty-
nine thousand is what he estimates, that's the eight -thirty.
Vice Mayor Alonso: And the lowest is...
Commissioner Plummer: And the lowest is...
Vice Mayor Alonso: Ninety-one thousand.
Commissioner Plummer: Ninety. Three dollars a chair. You see what I'm
saying there?
Mr. Lee: Again, Commissioner, I can't read their minds, but they...
Commissioner Plummer: No, Wally.
Mr. Lee: Yeah.
Commissioner Plummer: Excuse me. Excuse me. Maybe I mis... What I'm saying
to you, my concern.
Mr. Lee: Um-hmm.
Commissioner Plummer: And the two companies, so you can follow me. One is
Danville-Findorff and the other is R.L. Saum. Top line.
Mr. Lee: Right.
Commissioner Plummer: OK? I'm assuming they're bidding on the same chair.
Mr. Lee Yes, sir. Alternate "A."
Commissioner Plummer: All right. Now, one of them bids for the chair a total
of six hundred and eighty-three thousand dollars. This is just the chair now.
And the other one's bid on the same chair, is nine hundred and ninety thousand
dollars.
Mr. Lee: Or thirty-three dollars.
167 April 30, 1992
Mr. Odio: Well, I'll tell you what we were told.
Commissioner Plummer: OK?
Mr. Odio: Can I tell him what we were told?
Mr. Lee: Sure.
Commissioner Plummer: Where the real difference comes in, is one is charging
ninety-three thousand for installation, and the other one is charging a
hundred and ninety-three. My area stilt of concern is the roughly three
hundred thousand dollars difference on the same chair.
Mr. Lee: Commissioner, we have, obviously, no control over what the seat
manufacturer is going to quote each individual contractor.
Commissioner Plummer: Nor do you control what they make in a profit. I
understand that. I'm asking you, does it concern you as it does me, that the
bidders - competitive bidding now, is what we're looking at, hopefully - that
between two bidders on the same spec chair, there is a three hundred thousand
dollar difference.
Mr. Odio: I'm not going to refer to this...
Commissioner Plummer: It bothers me.
Mr. Odio: OK. I'm not going to refer to this.
Commissioner Plummer: OK. Don't.
Mr. Odio: Please. So what can happen is you are selling... Somebody is going
to install this, there are ten companies that go to the company that sells
this type of product, and the company wants "X" company to get the contract,
so they quote him a lower price on their product and the other ones get a
higher price. Therefore, they're guaranteeing that this guy will get the job
and they will buy the product from them. And I'm not saying this happened
here.
Mr. Garcia -Toledo: What's the difference in installation then? That's what I
want to know.
Commissioner Plummer: It's just three... I'm sorry. You know, three hundred
thousand dollars to me is still a lot of money.
Mr. Lee: Commissioner, if that company that bid eight dollars a foot for
the...
Commissioner Plummer: Eight dollars and thirty cents is installation.
Mr. Lee: Yeah. They won't be in business too long if they continue that type
of...
Commissioner Plummer: No, they're going to be in business a long time if
they're successful in getting that amount.
168 April 30, 1992
Ll
Mr. Lee: Well, yeah.
Commissioner Plummer: OK?
Mayor Suarez: All right.
to make a decision.
Final statements by all the parties and we've got
Mr. Garcia -Toledo: Well, my final statement on this particular matter is that
we know that Sports Seating will lose seats in their installation. OK?
That's bottom line. And losing seats, they could also... You folks lose
revenue. OK? With Contour Seats, which we have a seventeen and a half,
eighteen inch, nineteen inch and twenty inch chair, OK, we cover the spectrum
of the whole Orange Bowl. You ran into a situation with your Hurricane Club
area where these folks did not have those different sizes, and those seats
that were installed, which were in this case Hussy seats, didn't have the
sizes and you ended up with odd number rows and where you needed to add an
additional piece of concrete because your rows did not have the proper sizes.
That's precisely what's going to happen in this particular case. OK? As
my... Luisa Garcia -Toledo mentioned before, we are a minority firm. OK? And
when we tried to have our manufacturer bond this particular job, OK?, the City
of Miami did not let us use our manufacturer's bond. OK? We don't have a
very large bonding like most small businesses problems have. OK? We don't
have a huge bonding, and we tried to have our manufacturer's bond put in and
they did not let us do that, so we had to double bond this job. OK? That was
a tremendous cost to us. OK? And the installation alone, in Mr. Steve
Treon's Contours company, they, in his chair, state that they can put that
same chair, his chair, for three dollars when they have to actually get that
mount and torch it off. Torch it off. Our bracket fits over it perfectly.
Perfectly. Because Contour Seats has been after this contract for two and a
half years. OK? And they were prepared to bid this job correctly. The Sport
Seating chair has to be torched on every single mount. There' no other way of
putting it, and they will not meet the height requirement, OK? And some
people sit down and their feet dangle because it's simply too high. And
bottom line is you will lose seats and you will lose revenue.
Mayor Suarez: Why is that? What about that issue of the height being
affected if you choose the...
Mr. Lee: We're not aware of it. Everything remains the same and we will not
lose seats. We're going to...
Mayor Suarez: No. That's not the question. The question is as to the
height. How will it - one versus the other - affect the height from the
floor? Does this picture illustrate... Why don't you show it to Mr. Lee?
Does that picture illustrate to you a problem or a discrepancy in the height?
Commissioner Plummer: The difference is the comfort of the individual.
i
Mr. Odio: Commissioner Plummer asked me a question, if I may, on the size of
i the seats and whether we lose or... We gain a seat per row. We gain one seat
' per row on the seventeen and a half.
169
April 30, 1992
Mayor Suarez: OK. What about the height, and then also what the torching
that he's talking about?
Mr. Lee: Both seats have to meet whatever is on the plans and specifications,
and it's standard for all over the stadium, where these seats will be
installed. So I really don't understand what he's saying.
Mayor Suarez: All right.
Mr. Lee: OK? As far as the torching, that's a process of installation.
Again, I don't know if it's true or not, but whatever it takes, the low bidder
will have to perform that work, as simple as that, Mr. Mayor.
Vice Mayor Alonso: Would you clarify this for me? The City Manager said yes,
indeed, we gain one seat...
Mr. Odio: On the red ones, yeah. We gain a seat per row.
Vice Mayor Alonso: Are you saying there is no difference?
Mr. Odio: No. Max just called me. He said that the experience that we had,
on the installations that we had, we gain a seat per row.
Mr. Garcia Toledo: They don't have a seventeen and a half. How can you do
that?
Vice Mayor Alonso: So then, in fact, there is a difference.
Commissioner Plummer: Wait a minute. Now, you know, I'm sorry. I grew up in
the Orange Bowl, but how many seats does that give us the potential of
increasing?
Mr. Odio: You're talking minor, because...
Commissioner Plummer: I mean, are you talking five hundred,...
Mr. Odio: No.
Commissioner Plummer: ... five thousand? What are you talking?
Mr. Odio: I don't think you're... You're talking that we have from Row A
to...
Vice Mayor Alonso: Less than a hundred?
Mr. Odio: It's not that many, really.
Mr. Treon: (OFF MIKE) About four hundred and fifty.
Mr. Odio: No.
Mr. Treon: (OFF MIKE) We did the...
Vice Mayor Alonso: How many?
170 April 30, 1992
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Commissioner Plummer: How many?
Mr. Treon: (OFF MIKE) Approximately...
Vice Mayor Alonso: In the mike.
Mr. Treon: I'm sorry.
Mr. Odio: It's not many.
Mr. Treon: You could gain...
Mr. Odio: No, but we just wanted to clarify because somebody said that we
would lose seats. We gain one per...
Mr. Treon: Sir, they will lose seats without the seventeen and a half inch
seat. But with the seventeen and a half, you could gain as many as about four
hundred and fifty seats.
Commissioner Dawkins: But how comfortable would I be?
Mr. Treon: How comfortable?
Commissioner Dawkins: Yes.
Commissioner Plummer: Between the seventeen and...
Mr. Treon: Certainly the eighteen inch seat is preferred.
Commissioner Dawkins: Beg your pardon?
Mr. Treon: Certainly an eighteen inch seat would be preferred, I mean, if
you're going to lose a half an inch. We're not suggesting...
Commissioner Dawkins: So, therefore I should...
Mr. Treon: ... that you go ahead and gain four hundred and forty seats.
Commissioner Dawkins: So, therefore, I should say to the University of Miami
I've given up on your comfort, and I'm going to add more seats. OK. Thank
you.
Mr. Treon: No. The basis of our discussion is to not lose seats.
Commissioner Dawkins: No. problem.
Mr. Odio: Oh, no. No, no. Let me say... I'll speak for the University. The
University wants to reduce the number of seats at the Orange Bowl, and the
Orange Bowl Committee does not. So, the University has been trying for years
to reduce the number of seats.
Commissioner Plummer: Well, let me ask this question. You're studying...
171 April 30, 1992
Mayor Suarez: Yeah, that really makes it a lot easier.
Commissioner Plummer: You're studying what...
Mayor Suarez: That was very helpful. Very helpful.
Commissioner Plummer: What does your study show that, based on the size of
the bench that is presently there, as to whether the number of seats would fit
in and not hang over the end at the end?
Mr. Treon: Eighteen inches they would have to hang over the end, which
certainly wouldn't meet code because you have a small aisle to begin with now.
Commissioner Plummer: How much over the end?
Mr. Treon: Well, we were saying about seven and a half inches is on that one
row when we figured.
Commissioner Plummer: And how would you accommodate that?
Mr. Treon: You would have to go to a seventeen and a half inch seat.
Commissioner Plummer: But they're talking about going to the eighteen.
Mr. Treon: Right. Well, they can't. They can't be done with an eighteen.
That's what I'm trying to say.
Mayor Suarez: I've got a suggestion. Mr. Plummer and Mr. Lee, Mr. Manager,
Mr. City Attorney and all of you companies. Is it feasible A) that we decide
this matter at the first meeting in May? - and take a seven day deferral and
B) that at some point in the Orange Bowl, some place in the Orange Bowl, the
three of them be allowed to place their seats so that we can go over there and
check them out, sit on them, throw things on them, put water on them, and
otherwise compare to the existing seating that is there. You have told us
that what is there at the Orange Bowl is very similar to the MET product,
right?
Mr. Odio: It's the same.
Mayor Suarez: The same as the MET product. I am curious, and I ask my
colleagues if they wouldn't give an extra seven days. I'm curious to go over
there and see what they look like...
Commissioner Plummer: Fine. Is that your motion? I second it.
Mayor Suarez: Thank you. All right.
Commissioner Plummer: Now we let the three bidders have duels on the fifty -
yard line at high noon and the one remaining standing at one o'clock is the
Mayor Suarez: Yeah, but we're not going to have any presentations, folks, at
the next Commission meeting. We're each going to do whatever testing we want
over there, not destructive testing, and otherwise observe, compare, look at
and see what your installation looks like...
172 April 30, 1992
x
Commissioner Plummer: What a waste of time.
Mayor Suarez: ... and then come back here and decide on May 7th.
Vice Mayor Alonso: This will not create any further problems to the Orange
Bowl. Right?
Mr. Odio: I am concerned...
Mayor Suarez: It's a seven-day delay.
Vice Mayor Alonso: Seven days.
Mr. Odio: It's not seven days.
Mr. Lee: Let me just clear up a point for the record.
Commissioner Plummer: Well, let's do it this way. Sir, whose the high...
You're the recommended bidder?
Mr. Bergrab: (OFF MIKE) Yes, sir.
Commissioner Plummer: Sir, can you still comply if we wait until the next
meeting?
Mr. Bergrab: (OFF MIKE) When is the next meeting?
Commissioner Plummer: May the 7th.
Mayor Suarez: It's only a week away. Next Thursday.
Vice Mayor Alonso: One week.
Commissioner Plummer: What?
? Mr. Lee: I have to make a statement on the record.
—I
Mr. Odio: The 14th.
} Commissioner Plummer: On the record. I didn't hear you, sir.
Mr. Odio: The next meeting is the 14th.
Mr. Bergrab: (OFF MIKE) Yes.
Commissioner Plummer: Did you say yes?
Mr. Bergrab: (OFF MIKE) Yes.
S
173 April 30, 1992
E7
Commissioner Plummer: You represent who, sir?
Mr. Bergrab: MET.
Mayor Suarez: MET.
Commissioner Plummer: OK. Fine, thank you.
Mr. Jones: You got a special meeting on the 7th, Commissioner.
Commissioner Plummer: However that's a special...
Mayor Suarez: Yeah. That's the one we will decide.
Commissioner Plummer: So that's with the Police Department.
Mr. Wally Lee: I would like to make a statement for the record. Remember the
Administration recommends alternate B. OK.
Commissioner Plummer: Yes, sir.
Mr. Lee: In addition, there... besides Met there are three other general
contractors that are lower than the price proffered by G-T Sports which is
alternate A.
Commissioner Plummer: Wally, I don't think that, and I shouldn't speak for
the Mayor...
Mr. Lee: I just wanted to point that out.
Commissioner Plummer: ...but ,I think what we really going to be... this
deferment for is to see the seats, not the contractor.
Mayor Suarez: Yes, we don't need to see any contractors there, folks.
Commissioner Plummer: As a matter of fact, don't let them know when we're
going to be there.
Mr. Threlkeld: Well, the one seats you've seen for eight years.
Mayor Suarez: That's one reason that I want to go there myself. I want to
check those out.
Mr. Threlkeld: I would like to make another point if I may.
Mayor Suarez: Well, you know, folks, we've been at this, we've got other
items...
Commissioner Plummer: Well, Mr. Mayor, if your not going to allow any
discussion in a week from now I think we should hear what he has to say.
Mayor Suarez: Good point. Yes, sir.
Mr. Threlkeld: When this bidding started...
174 April 30, 1992
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Mayor Suarez: Give us your name in the record. Make it easier for them.
Mr. Threlkeld: Major Threlkeld. I live at 498 N.E. 50th Terrace. When this
bidding started to open the gentleman with Contour Seating they said they
would not give anybody a price. They were working with G-T Sports
exclusively. Later on, through pressure, at the pre -bid meeting, then they
broke down. If you look at the bids you can see that their price is
astronomically lower than almost everybody else's. You might...
Mayor Suarez: What is the relevancy of any of that.
Mr. Threlkeld: Sir, they obviously...
Mayor Suarez: They can chose to deal with whom ever they want or all, if all
want to deal with them. See our tough choice is between... created by our
Administration and I am not pleased about it. And I'll repeat I am not
pleased about it. Between two different kinds of seats, of which, I believe
you've got the lowest bid on one and, in fact, the lowest overall.
Mr. Threlkeld: Yes.
Mayor Suarez: They've got the lowest bid on the other. We've got another
company that believes that one of you or both of you are not qualified for a
variety of reasons. We're going to look at these seats as they are installed
over there and try to decide for ourselves, since we've been placed in a
situation of being almost experts in Orange Bowl and stadium seating, as of
today, of carrying out that responsibility which we wish we didn't have. And
no Commission of laypeople should be placed in that. So whether they did, in
fact, participate as bidders with you or not I don't see the relevancy.
Mr. Threlkeld: Sir.
Commissioner De Yurre: Let me ask something. Wally, did all the groups bid
on both seats or...
Mr. Lee: All the contractors except G-T. Enterprises bid on both alternates.
G-T did not give us a quotation and put no bid on alternate B.
Commissioner De Yurre: They are the only ones that did not do that?
Mr. Lee: They were the only ones that...
Commissioner De Yurre: How many bids were there all together?
Mr. Lee: Six, Commissioner.
Commissioner De Yurre: Six?
Mr. Lee: Six contractors.
Mr. Jim Kay: Six contractors with a bid A and a bid B for each bid.
175 April 30, 1992
Commissioner De Yurre: So six 1n total. Five of them bid on both A and B and
G-T only bid on B.
Mr. Lee: Alternate A.
Commissioner De Yurre: On A.
Mr. Lee: Yes, sir.
Commissioner De Yurre: OK. Why didn't you bid on B? On the one that's the
cheaper one?
Mr. Garcia -Toledo: A year and a half ago when G-T Sports was looking for a
particular manufacturer to represent, and we visited both places, and we
decided to go with Contour Seats because we feel it was a superior product.
Not only that, a year and a half ago, Sports Seating actually had this
contract. It was for twenty-five thousand (25,000) seats and they, three
weeks later, after they had received the proposal to go ahead and do the
chairs and so on. They wrote back to the City and stated they could not
deliver the job because of time constraints. That told us that they had the
possibility of leaving us hanging like I am afraid for MET Construction now.
OK. That's the reason why.
Mayor Suarez: Last statement, sir.
Mr. Bill Riley: My name is Bill Riley I am with the International Brotherhood
of Electrical Workers. I am here to support Frank Moran, and one of the
reason is, not only is he a general contractor but he's also an electrical
contractor. As Miller Dawkins, Commissioner Dawkins, knows and Greg Owens
knows, and Ivy Kearson knows, and Barbara Carrey knows, we have worked, as a
labor organization, for many years to make sure that the mix of the ethnic
groups, in our labor union, and the building trades councils and other Latin
Builders Association and everybody else has tried very hard to make sure
everything is on an equal plane...
Mayor Suarez: This recommendation, Bill, is a verbal equivalent of what they
received from a variety of community groups, you know. It's sort of like, this
is a recommendation based on who the good guys are and who the bad guys are...
Mr. Riley: Well, no.
Mayor Suarez: ... not particularly...
Mr. Riley: Well, let me just...
Mayor Suarez: ...what we're supposed to be deciding up here, but it's
interesting.
Mr. Riley: Well I catch that a little bit to. One of the big things is Dade
County has one of the highest unemployment rates in the Country. It's over 10
percent. I don't know that the question, at least I didn't hear the answer to
the question of the work force in the one company, I believe, I was told it
was going to be out of Texas. I don't think it's prudent to spend our
taxpayer dollars on a work force from Texas, for any amount of money. There
176 April 30, 1992
� 7
definitely was some misunderstanding, or some problems, with the bid documents
because...
Commissioner De Yurre: Hold it. Are you saying that G-T would bring people
out of town to do the work?
Mr. Riley: That's our understanding. Somebody asked them the question here
and I didn't hear an answer...
Commissioner De Yurre: Well it's...
Mr. Riley: ...so I assumed it is true.
Commissioner De Yurre: Are you saying the group that's got the lowest bid,
you guys have local people only?
Unidentified Speaker: Yes. Mat Moran would hire them.
Commissioner De Yurre: OK. I want to hear it from G-T. Where is their crew
going to come from?
Mr. Treon: OK. I am sorry. Again, Steve Treon, I am with Contour Seats.
The way we plan on doing the installation, through G-T, is with the
experienced installer from Texas, they are going to be on G-T's payroll. All
the rest of the people will be hired locally.
Commissioner De Yurre: How many are the experienced?
Mr. Treon: About ten more people. There's about six experienced.
Commissioner De Yurre: Ten in all?
Mr. Treon: No, there will be sixteen in all, sir.
Commissioner De Yurre: Sixteen in all.
Mr. Treon: Yes.
Commissioner De Yurre: So that's about thirty some percent.
Mr. Riley: Almost half the work force will be from Texas.
Mr. Treon: No. No, no, no. Ten locally. Six from Texas.
Commissioner De Yurre: Ten, six, well it's almost. It's about forty percent.
Mr. Riley: We'll have a 100 percent from Dade County and the City.
Commissioner De Yurre: Why do you need six people from Texas? You know, I
mean like we don't have qualified people to do this here?
Mr. Treon: Because the crews... the way we broke it up we broke it up into
different crews and we wanted an experienced installer with each crew.
177 April 30, 1992
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Mr. Riley: Well, again, let me just say that our entire labor force is from
Dade County, and that's the area we all represent. I am sure that you are all
aware of the recent ordinance that was passed at the County Commission to give
local contractors a one percent preference. We would ask...
Vice Mayor Alonso: We've been giving ten percent for a long time.
Mr. Riley: ...we feel. Well, that's great. I wish the County was like that.
We would ask that you would award this contract to the lowest responsible
bidder who we feel is Frank J. Moran. I appreciate it.
Mayor Suarez: Very good. All right. We have a motion and a second.
Commissioner Dawkins: What's the motion please?
Commissioner Plummer: Defer until May the seventh.
Vice Mayor Alonso: May the seventh. OK. Any further comments? Call the
roll, please.
Commissioner Plummer: Wait a minute, let me ask a question just for everybody
edification.
Mayor Suarez: That was to easy.
Commissioner Plummer: Mr. Manager, what time are we starting on May the 7th?
Are we going to start at nine or one in the...
Mr. Odio: One thirty.
Commissioner Plummer: One thirty?
Mr. Odio: Yes, sir.
Commissioner Plummer: May I suggest, Mr. Manager, that we have this item at
one o'clock?
Mr. Odio: You want to move the meeting? You have to change the meeting then.
Commissioner Plummer: One thirty? OK. Fine. Just I don't want them to come
here at nine o'clock and there's nobody here.
Vice Mayor Alonso: So one thirty is the time. Yes. OK.
Mr. Odio: Mr. Mayor, may I suggest please, something. Could we take item...
Commissioner Plummer: Wait we're in a roll call.
Mr. Odio: Oh, I am sorry.
178 April 30, 1992
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 92-258
A MOTION TO DEFER AGENDA ITEM 7 TO THE SPECIAL MEETING
OF MAY 7, 1992, AT 1:30 P.M. (PROPOSED RESOLUTION TO
ACCEPT BID FOR ORANGE BOWL MODERNIZATION PROJECT PHASE
II (1992) - SEAT REPLACEMENT).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Could we quickly go through the agenda unless any Commissioner
has any items that ah...
Commissioner Dawkins: Mr. Mayor, I would like to pull eleven out of order.
We have some people sitting here all day and I would like for them to come up
and we hear eleven so they can leave.
Mr. Odio: There is an important reason that we take eleven, please.
1 Mayor Suarez: Wait, wait, folks...
I Vice Mayor Alonso: I am sure it will take a minute each one.
Mayor Suarez: I could easily argue that item fifteen should also be taken
out. We have a State official here on something very very noncontroversial,
Mr. Hedgepeth here, so my proposal is to simply go through these very quickly.
We're going to just give a couple of minutes to each one and we're going to
get to you very quickly. Unless someone has an emergency or Reverend we're
going to get to you very quickly.
Commissioner Dawkins: That all right. Go right ahead. I have no problem
with that.
f
Mayor Suarez: ...Because everyone is asking for a different one. Item eight,
quickly.
I
179 April 30, 1992
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Commissioner Plummer: Wait, wait, wait. Mr. Mayor, excuse me, in deference
to my blue brother, a member of this Commission, who asked one to be taken out
of order I think that has a little consideration and priority.
Mayor Suarez: I was being asked simultaneously by the Manager for one item,
by one Commissioner for another and I was pointing out that if we're going to
take a public official, who is here on a noncompensatory basis, we might
entertain fifteen, and I am looking at all of these, and I don't think any of
these are controversial, folks. Why don't we just go through them in order.
That's a fair ruling. Isn't it?
Commissioner Dawkins: I don't know what's going to be controversial and
what's not. The Chair made a ruling and I abide by the ruling of the Chair.
-------------------------------------------------------------------------------
17. PERSONAL APPEARANCE: MR. ALEX KELLY, FROM THE MALCOM X BIRTHDAY
COALITION, TO REQUEST CO-SPONSORSHIP BY THE CITY OF THEIR CELEBRATION.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item eight, quickly please, everyone.
Commissioner Dawkins: And you just lost my vote. You just lost my vote.
Mr. Alexander Kelly: My name is Alexander Kelly, I live at 769 N. W. 48th
Street, I am a member of the Malcolm X Birthday Coalition. I was the one that
came down, but my speaker will be Mr. William Clark.
Mr. William Clark: Greetings, my name is William Clark, 1155 N.W. 126th
Street. I am a member of the Malcolm X Birthday Celebration Committee, here
in South Florida. We've been holding this event for, this will be our fourth
year now. Originally the event was a very small event at Ocala Lakes Park,
approximately 1,000 people in attendance. The money involved is very
minuscule, approximately two thousand ($2,000.00) to put on. Since then this
thing has grown beyond leaps and bounds simply because the name Malcolm X is
synonymous with so may positive things in the black community. It means to
us, basically, self-help, self-awareness, a number of things that we hold very
dear and right now on the sixteenth of May we plan on holding, again, our
fourth annual Malcolm X Day celebration. In essence, it has gone from
approximately 2,000 people to approximately 10-15,000 people that we are
expecting. We are looking for some support...
i
Mayor Suarez: You need the blessing, the encouragement, the honorary support
t of the City and we're happy to give you that. You don't need any money,
obviously, right?
Mr. Clark: We definitely need money, definitely so. If are to put the event
on the way that we think that it should be put on, in essence our budget... I
gave each and everyone of you, Commissioners and Mayor, a breakdown of the
funds involved in the little red booklet that I hand delivered to your office.
The budget that it will take for us to put this event on is approximately
fifteen thousand dollars ($15,000.00) base line. That's with no frills. We
have raised in the community from community donations approximately four
thousand dollars ($4,000.00) at this time. We plan on holding this event...
180 April 30, 1992
Mayor Suarez: Is there anything that we can do by way of adjusting our
requirements for the event that would reduce your costs that would not require
an actual out-of-pocket?
Vice Mayor Alonso: Have you met with the Miami Police Department?
Mr. Odio: They have not and we asked them to do that.
Mayor Suarez: Can we twist their arms to try to have as much of the security
provided by your own group, the solid waste done by yourselves, if you post
the appropriate bond. And let me ask...
Commissioner De Yurre: Well, Mr. Mayor, this is going to be done in the City
or the County?
Mr. Clark: Well it all depends. It all depends on what it is you can offer
me. We are tentatively scheduled to go at Gywn Cherry Park, which is a County
facility. In essence we...
Mayor Suarez: OK. So it doesn't involve City services. Let me make an
alternative suggestion, at least as to my office. We'll make a pledge of a
voluntary contribution of a thousand dollars ($1,000) and, maybe, the other
Commissioners can do likewise. We just don't have any money...
Mr. Clark: We understand.
Mayor Suarez: ...in our budget for this but we, privately, can help you raise
funds.
Mr. Clark: We truly understand and it was due to our ignorance how this
situation worked that we came to you at such a late date. We understand that.
Mayor Suarez: But hold me to my pledge because I got to come up with a
thousand bucks, somehow.
Mr. Clark: Well, we definitely will hold you to your pledge.
Mayor Suarez: All right.
Mr. Clark: Again, we are looking for 15,000 folks to show up, unfortunately,
guys like Billy Hardemon haven't given, us his pledge this year. This is why
we're here.
Mayor Suarez: I'll give you an extra thousand from Billy, yeah.
Mr. Clark: OK. Well I appreciate it. Again, this is the sixteenth? We
appreciate any services that you can render and we thank you for your time.
Mayor Suarez: OK. When you knock on the doors of my colleagues remind them,
a thousand dollars ($1,000.00) each. How's that.
Commissioner Plummer: I wish I had a thousand, and if I did, I would give it
to him, but, as you know, I did not take any of the money...
181 April 30, 1992
Mayor Suarez: I wasn't thinking from my discretionary account which doesn't
exist either. I am going to try raise... I am going to raise a thousand
dollars ($1,000.00) for you from other sources. All right.
Mr. Clark: We thank Commissioner Dawkins for allowing us to be here.
Mayor Suarez: He's good for three or four thousand.
Mr. Clark: Right.
Commissioner Plummer: Three or four thousand...
Commissioner Dawkins: I don't see how I could be good for anything when I
tried to bring some gentlemen up here and he sat back there saying I was being
uncomfortable and unfair to him, and now he comes up and wants me to give him
a thousand dollars ($1,000.00).
Mr. Clark: Well the point I was making, sir, is the fact that I know that I
was going to be short, I wasn't going to take up that much of your time and
I've been here...
Commissioner Dawkins: But that was your opinion. I could have taken less
time with the other group than you've taken perhaps.
Mr. Clark: Well I can understand.
Commissioner Dawkins: Yeah, OK.
Mr. Clark: I am sorry that we differ on this matter.
Mayor Suarez: It's a procedural matter. All right.
Mr. Clark: All right. Thank you very much.
Commissioner Dawkins: OK. I guess I can't let the Mayor do more for a black
group than I can do. I'll give a thousand dollars ($1,000.00).
Mayor Suarez: You got him. You heard him.
Mr. Gonzalez-Goenaga: Just a comment on this issue.
Mayor Suarez: No, no, no. Mr. Gonzalez-Goenaga please have a seat sir.
182 April 30, 1992
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18. GRANT REQUEST BY PROFESSIONAL EVENT SERVICES, INC., ON BEHALF OF THE
MUSCUALR DYSTROPHY ASSOCIATION TO PERMIT SALE OF ALCOHOLIC BEVERAGES
DURING ANNUAL COCONUT GROVE BED RACE.
Mayor Suarez: Item nine, quickly.
Commissioner Plummer: What is this?
Mayor Suarez: Item ten.
Commissioner Plummer: What happened to item nine?
Mayor Suarez: I don't know they didn't respond. That's close enough.
Mr. Odio: Item nine is ah...
Mayor Suarez: There we go.
Commissioner Plummer: Sid Sessman is here. Here he is.
_ Mr. Odio: They're requesting that they have permission to sell alcoholic
beverages. We're saying that we recommend it, but they must increase the size
of the police staff, because they are selling a lot of alcohol there.
Commissioner Plummer: How many police you got now?
Mr. Sid Sussman: We have one lieutenant, two sergeants and sixteen officer.
Mr. Odio: They should increase the size...
Mr. Sussman: Excuse me. For an event that is 14 years old and that we have
previously sold alcoholic beverages at every year.
Mr. Odio: Thirty percent of their gross revenue is alcoholic.
Commissioner Plummer: You guys, what is that, seventeen policemen?
Mr. Sussman: Nineteen.
Commissioner Plummer: How much?
Mr. Sussman: Nineteen.
Commissioner Plummer: You got nineteen and you want more, Mr. Manager? How
many people would you have there?
Mr. Sussman: Maybe twenty-fiv% thousand (25,000).
Commissioner Plummer: This is in Peacock Park?
183 April 30, 1992
Mr. Sussman: Right. And along South Bayshore.
Commissioner Plummer: What?
Mr. Sussman: And along South Bayshore Drive.
Mr. Odio: Eighty percent of their gross is ... 30% is...
Commissioner Plummer: Your going to have policeman stepping over policeman.
Mr. Sussman: Well, on top of having, excuse me, 12 additional T-shirt
security. Plus we fence in the park.
Commissioner Plummer: I, personally, don't think there's a problem. Mr.
Manager, 19 policemen is a lot of policemen.
Mr. Odio: Fine. That's what they recommended because 30 percent of their
gross...
Commissioner Plummer: Well, yeah, they'll recommend, you know, 33, because
they're not paying the bill.
Vice Mayor Alonso: How many more are they recommending?
Mr. Odio: I don't have th?t number... I'll let it go like that.
Mayor Suarez: OK.
Commissioner Plummer: I will move item nine. The request to sell the
alcoholic beverages.
Mayor Suarez: So moved.
Commissioner Dawkins: Seconded.
Mayor Suarez: Doesn't cost anything. Call the roll. Hopefully it won't
create any problems.
Commissioner Plummer: Keeping in mind, Mr. Sessman, please that that
permission only allows you to sell. You still have to get a license from the
State.
Mr. Sussman: Yes sir.
Mr. Odio: Item ten.
Commissioner Plummer: Nine.
Mayor Suarez: Call the roll on item nine please.
184 April 30, 1992
At' .
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-259
A RESOLUTION RELATED TO THE ANNUAL COCONUT GROVE BED
RACE AND PAJAMA 5K RUN, TO BE CONDUCTED BY THE
MUSCULAR DYSTROPHY ASSOCIATION ON SUNDAY, MAY 17,
1992, ON CERTAIN STREETS IN COCONUT GROVE; AUTHORIZING
A ONE -DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
IN THE AREA DURING THE EVENT, SUBJECT TO THE ISSUANCE
OF Al.'., PERMITS REQUIRED BY LAW; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE
ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF CITY
SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OF HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
185
April 30, 1992
i
19. GRANT REQUEST BY MIAMI / BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.
FOR CLOSURE OF DESIGNATED STREETS, PERMIT TO SELL ALCOHOLIC BEVERAGES,
AND ESTABLISHMENT OF AREA RESTRICTED TO RETAIL PEDDLERS -- VICE MAYOR
ALONSO GRANTS $10,000 FROM HER BUDGET TO COVER AMOUNT OF CITY'S IMPACT
FEE.
Mayor Suarez: Item nine, ten rather.
Commissioner Plummer: Woal woal woal I got... wait we got a slight problem on
ten now.
Mr. Odio: Where they want street closures.
Commissioner Dawkins: All right, I move it. It's been seconded, under
discussion.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: OK. Mr. Mayor, they are asking that the fee be waived
for the special Coconut Grove District Fee. It was you, sir, who last year so
informed them that it would not... you waived it last year and it would not
happen again, and you made that very clear in the records of the minutes, and
it is unfair that any organization... there have been no waiving of the fees,
we have done a lot of good with those fees in Coconut Grove...
Mayor Suarez: Commissioner, the movant accepts the proviso that...
-� Commissioner Dawkins: Yes.
Mayor Suarez: ...it's never going to happen again until next year.
-� Commissioner Dawkins: No, I am going to... you know I have to run and I have
to get elected, but some people up here don't have to run, they already ran
and they're there for four years. So, therefore, I am going to withdraw my
motion and let the people who are up here safely, who was voted in for four
years, let them act on this.
Commissioner Plummer: Mr. Blue Brother, I made that motion, last year, when I
was running, sir. OK. So I just want you to know that...
Mayor Suarez: We've all been concerned about the exemptions on this and if
there's one valid exception... we even got a supporting letter from the
Coconut Grove's Arts Festival Organizing Committee I believe it was.
Commissioner Plummer: You also have some letters from others, Mr. Mayor. I
didn't want to go into that. Let me just merely say to you, sir, as I sat on
that Committee, which you formed, sir,...
Mayor Suarez: Yes. I was... yes I remember that.
186 April 30, 1992
i
Commissioner Plummer: ...we intentionally allowed Goombay, because they were
west of 32nd Avenue at the time, they came and spoke to the Committee, said
put us... that we do not have west of 32nd Avenue and we won't have to pay the
fee. That's what we did so they would be exempt from the fee, and they,
themselves, have chosen to go east of 32nd Avenue. It is unfair to waive for
them when you don't waive for any other organization in Coconut Grove.
Vice Mayor Alonso: How much are we talking about?
Commissioner Dawkins: Yeah. How much are we talking about?
Commissioner Plummer: Ten thousand dollars ($10,000.00).
Commissioner Dawkins: Ten thousand dollars ($10,000.00).
Commissioner Plummer: I think...
Vice Mayor Alonso: Ten thousand for that block?
Mr. Odio: No. Six thousand...
Commissioner Plummer: How much?
Mr. Odio: ...eleven thousand sixty-four dollars.
Commissioner Plummer: How much?
Commissioner Dawkins: For what?
Vice Mayor Alonso: What are you talking about?
Commissioner Plummer: It can not be. The maximum fee was
ten.
Mr. Odio: Ten thousand.
Commissioner Plummer: The maximum fee was ten.
Vice Mayor Alonso: Ten thousand for that stretchl
Commissioner Dawkins: Why? Why?
Mayor Suarez: No, because they're doing it for
the whole...they're
calculating on the basis of the whole event probably, not
just the extension.
Commissioner Plummer: It's based on so much which
everybody is paying
Commissioner and...
Mayor Suarez: But the Commissioners are asking, thinking that we have an
extension beyond 32nd Avenue, which is a minor extension, and you are
calculating this fee on the basis of the entire tract that is used.
Commissioner Plummer: Mr. Mayor, all I have to say to you, sir, I love
Goombay. I have backed Goombay. I have supported them here and at TDC
(Tourist Development Council), but I cannot sit here in the interest of
equality to the different festivals that exist...
187
April 30, 1992
Commissioner Dawkins: And I agree with you.
Commissioner Plummer: If your going to waive it for them, then damn it,
you've got to waive it for all of the rest of them.
Mayor Suarez: The philosophy of it...
Commissioner Plummer: If you don't want the hundred thousand dollars
($100,000.00) that has come about to fix up the Grove, and fix up Peacock
Park, then knock out the fee. Don't send me back out to a committee to have
months of meetings, to come about a conclusion, and then when it comes down to
the brass tacks, you do what you want to do.
Mayor Suarez: The philosophy, remember, was that there was a point of
saturation in the Grove and that we ought to try to collect so that we
discourage new festivals. This is...
Commissioner Plummer: Hey, Mayor, I don't care what you do.
Vice Mayor Alonso: This is a tradition.
Commissioner Plummer: I am just saying, if you do it, I am going to make a
motion that we waive the fee for every festival in the Grove, because you've
got to be fair.
Ms. Frankie Rolle: That's not fair.
Mayor Suarez: Well, you and I had a discrepancy on which ones to apply it to
in any event because you wanted to apply it to every festival in the Grove,
including something like road races at 6:00 A.M. on a Saturday morning, which
you defined as a festival and I didn't, but anyhow.
Commissioner De Yurre: What is the fee right now? How many cents per linear
foot?
Commissioner Plummer: Ah. I don't remember, Victor.
Mr. Frank Castaneda: Twenty-five percent of City services.
Commissioner De Yurre: How much?
Mr. Castaneda: Twenty-five percent of City services.
Commissioner De Yurre: Ok. And did you break it down into what is the City
services as far as east of 32nd?
Ms. Frankie Rolle: Thirty some thousand dollars.
Mr. Castaneda: It is not done that way and that's the problem.
Mayor Suarez: But if you had to do it on the basis of the amount of geography
that is occupied or space occupied by the extension beyond 32nd Avenue what
would it be? As a proportion of the whole. Roughly. You want to try that?
188 April 30, 1992
Mr. Castaneda: Well.
Vice Mayor Alonso: Because they don't even use... it's only a portion of it.
Ms. Rolle: Um. I would just like to say.
Mayor Suarez: East of 32nd Avenue how much?
Ms. Rolle: One block.
Mayor Suarez: And how many west of 32nd? It would be at least...
Ms. Rolle: And that we estimate that to be... cost us around ten thousand
dollars ($10,000.00).
Mayor Suarez: And how many? Frankie, how many blocks west of 32nd Avenue?
Ms. Rolle: Six.
Mayor Suarez: So you are talking one seventh.
Commissioner De Yurre: For the whole... The ten thousand covers all seven
blocks?
Mayor Suarez: Yeah. Because the ten thousand is based...
Ms. Rolle: We're only one block in the impact area.
Commissioner De Yurre: Listen. Listen to what I am saying.
Ms. Rolle: OK.
Mayor Suarez: Yes the ten thousand is for the whole...
Commissioner De Yurre: Is the ten thousand covering all seven blocks?
Mayor Suarez: It is based on a percentage...
Ms. Rolle: No.
Mayor Suarez: ...of the total services used.
Ms. Rolle: You don't have to pay for the six blocks. It's only one block in
the impact area.
Commissioner Plummer: No, I am sure... Mr. Mayor, to answer your questions I
am sure it does.
Commissioner De Yurre: All right. Now, what does the ten thousand represent?
Ms. Rolle: The one block for... in the impact area.
Commissioner De Yurre: Ten thousand dollars ($10,000.00) for one block?
169 April 30, 1992
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1P
V
Mayor Suarez: No. Ten thousand is for the whole thing. She is not
understanding your question.
Commissioner Plummer: No. No. It's for the entire festival.
Ms. Rolle: No. No.
Mayor Suarez: You are arguing against yourself.
Commissioner De Yurre: OK. Divide ten thousand by seven.
Mayor Suarez: There you go.
Ms. Rolle: There you go.
Commissioner De Yurre: What is that? A thousand what?
Mayor Suarez: Fourteen hundred, roughly.
Commissioner De Yurre: Fourteen hundred.
hundred bucks ($1,400.00).
Commissioner Dawkins: Here we go.
Mr. Castaneda: Well but ... but that's...
Ms. Rolle: It's...
I move that they only pay fourteen
Commissioner Plummer: It's unfair, Victor.
Commissioner De Yurre: No. Anything east of 32nd they got to pay for.
Ms. Rolle: I don't...
Commissioner Plummer: Victor, if they move their fair one block, they owe
nothing. Move the thing.
Mayor Suarez: Right. That's what he's saying. And, therefore, since it's
spills over one block out of seven that they're using, pay one seventh on what
the impact fee would be.
Ms. Rolle: OK. Now suppose we use the entire impact area, then what?
Commissioner Plummer: Then it's whatever square foot you use.
Ms. Rolle: No. No. It's still the twenty-five percent of the City services
that you use.
Mayor Suarez: Yes. That's right. That what we're trying... that's why the
Commissioner...
Commissioner Plummer: That's what we're talking about.
190 April 30, 1992
Ms. Rolle: And so we could shift it all up this way and shift down the Main
Highway. We choose not to do that.
Commissioner Plummer: And as long as you come in, you can.
Mayor Suarez: Please, you are arguing against yourself, Frankie.
Mayor Suarez: I know we are going to have some other people that are, in
fact, going to argue against you, and I guess we ought to hear them. Although
they're not... and one of them seems to be our development... Community
Development Director. I don't know why. Now, Mr. Castaneda, I want you to
get on the mike and tell me what it is you want to tell us.
Mr. Castaneda: I just want...
Mayor Suarez: Somehow that is related to this discussion which is clearly a
policy discussion, but, somehow, the Director of Community Development of the
City has an opinion on this. What is it, sir?
Mr. Castaneda: I want to clarify that there are a lot of road races that the
25 percent fee is applied to, and only a very small portion of the road race
is within the district, and it's applied on the full amount.
Mayor Suarez: You've heard how I feel about the road races. I wouldn't
charge any of them an impact fee.
Ms. Rolle: The road races are from out of town. They ain't on the Grove.
Mayor Suarez: I don't think they have an impact, but the ordinance is in
place, the races were not there when Goombay was there, and so we've applied
i it to all of it. Now,...
Ms. Rolle: Why would you beat up on the Grove anyway?
Mayor Suarez: I don't know why that is of any concern of Community
Development which is supposed to be in favor of community development, not
against important activities in the City. Yes, Mr. Stahl.
Mr. Ted Stahl: What we're concerned about is even though they moved just one
block down, they cut off Commodore's use, they cut off Fuller's use,...
Ms. Rolle: You ought to be ashamed of yourself.
Mr. Stahl: ...they cut off Matilda's use and they cut off MacDonald's use.
So there are five streets during this affair that cannot be directly used
because they come into that one block. If they go back to 32nd...
Mayor Suarez: And Ted, by having them pay instead of fourteen hundred, ten
thousand, how is that going to help you?
Ms. Rolle: None.
Mr. Stahl: We're not saying...
191 April 30, 1992
Mayor Suarez: How is that going to solve the problem of the streets that were
cut off?
Mr. Stahl: No, no. What we're saying...
Mayor Suarez: You are arguing against them having to pay...
Mr. Stahl: No, no.
Mayor Suarez: ...fourteen hundred instead of ten thousand.
Mr. Stahl: No, no. We even offered them Commodore Plaza.
Mayor Suarez: You don't want them to have east of 32nd Avenue, right?
Ms. Rolle: We don't want Commodore Plaza.
Commissioner Dawkins: You know, wait a minute, wait a minute Ted. You
offered them Commodore Plaza. Suppose they offered you Douglas and Grand for
something you were having?
Ms. Rolle: Right.
Commissioner Dawkins: You'd turn it down.
Mr. Stahl: Let me ask... let me say something. I was not involved when this
district was formed. If I had anything to say about it today I would like to
have the district extended from McDonald all the way down to Douglas, because
I would like to see some of this money being invested, but that's...
Commissioner Plummer: You serve as the Chairman of the Committee because I
was accused of allowing the black Grove to get off scott free.
Commissioner Dawkins: Thank you, brother.
Ms. Rolle: Get to it. Ought to be ashamed of yourself.
Commissioner Dawkins: My blue brother.
Mr. Stahl: I am just saying that I would like to have seen it that... cause
some of the funds could be used on Grand where they are needed. But at the
moment they can't, based on the ordinance.
Commissioner Plummer: You know what I think the bottom line is? I think it's
in fairness. OK. Fairness is that this fee system, Mr. Mayor, has raised in
excess of one hundred thousand dollars ($100,000.00), and we are about ready
to redo and fully irrigate Peacock Park, landscaping in Peacock Park. This is
not money for the coffers of the City.
Mayor Suarez: And that's great.
Commissioner Plummer: This is to go back in to the Grove area.
i
192 April 30, 1992
4W.
Mayor Suarez: That's great. I am glad that we receive money from many
festivals that can well pay for them, but I don't want to choke one that is
having a hard time maintaining itself.
Commissioner Plummer: Are you aware of the... Well, Frankie, what is the
budget of Goombay?
Ms. Rolle: Approximately a hundred and fifty... or ninety thousand... between
a hundred and fifty and a hundred and ninety thousand dollars.
Commissioner Plummer: And what do you get from the vendors?
Ms. Rolle: Somewhere in the neighborhood of maybe forty, fifty thousand
dollars...
Commissioner Plummer: More.
Ms. Rolle: ...which we pay for City services. We don't have a profit line.
We don't have... we don't make money. We are not the Art Festival. We don't
have a three hundred... four hundred thousand dollar budget.
Mayor Suarez: That's a good point you are making.
Ms. Rolle: And I...
Mayor Suarez: The citizens of Miami should know that they pay for the City
services. This is a surtax that we imposed, wisely or unwisely, in part
because we wanted to reduce the additional festivals in a saturated area.
Commissioner Plummer: Why do I ever serve on these committees?
Commissioner Dawkins: May I ask a question, sir, Mr. Mayor?
Mayor Suarez: We put you on these committees because you are great at
achieving consensus here, and we love to see you go through the pain of
exceptions, every once in awhile, because it's fun to watch you, because you
always vote for it at the end. You say no, no, no. When the vote comes up,
you vote yes.
Commissioner Dawkins: May I ask a question, Mr. Mayor?
Mayor Suarez: Yes. Commissioner Dawkins.
Commissioner Dawkins: The hundred thousand dollars ($100,000.00) now is
earmarked for Peacock Park.
Commissioner Plummer: No, sir.' It is earmarked for the zone.
Commissioner Dawkins: For what now?
Commissioner Plummer: For the entire zone. Part of the money...
Commissioner Dawkins: Wait a... OK.
193 April 30, 1992
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Commissioner Plummer: I am sorry. Did you want an answer?
Commissioner Dawkins: Yes.
Commissioner Plummer: Part of the monies, yes, will go to Peacock Park.
Commissioner Dawkins: How much of it?
Commissioner Plummer: Sir, I... fifteen at the moment. That's immediately
right off the bat.
Commissioner Dawkins: All right. So, now, the other eighty-five thousand,
what will be done with it?
Commissioner Plummer: We're going to be redoing the medians in Bayshore
Drive. We're talking about more lighting in the overall district.
Commissioner Dawkins: Where... Bayshore... which Bayshore Drive?
Commissioner Plummer: There's only one Bayshore Drive, sir.
Commissioner Dawkins: No there's a Bayshore. OK. All right.
Commissioner Plummer: All of the stuff out here from twenty...
Commissioner Dawkins: Now how much of it will be spent over there where you
are talking about not letting them have the Goombay. How much of that money
will be spent over...
Commissioner Plummer: West of 32nd, sir?
Commissioner Dawkins: If that's the area.
Commissioner Plummer: West of McDonald?
Commissioner Dawkins: If that's the area we're talking about.
Commissioner Plummer: If that's what your talking about, sir, none of the
money will be spent there, because none of the money was derived from there.
Commissioner Dawkins: So, therefore, you want them now to participate into a
fund which they receive no benefits from, and which you say they don't deserve
any from, because they did not participate in it, but yet you must be
penalized to pay into it.
Commissioner Plummer: No, sir. They are now asking to expand their festival.
An expansion of their festival, after we went through the arduous process of
making sure that they would not be included in a fee, at their recommendation,
"Don't impose the fee west of McDonald and we will be exempt." We said "fine."
Ms. Rolle: Who said that?
Commissioner Plummer: I heard from the Art Festival and all of the rest. Why
are you doing that for Goombay? Because we, the committee, thought that
194 April 30, 1992
Goombay was a good thing for Coconut Grove. And it was agreed upon by Goombay
at the time, and I'll get you the minutes.
Ms. Rolle: I don't know who that was.
Commissioner Plummer: And if you do that for us, we are satisfied, and now...
Mayor Suarez: Why don't we hear from both sides and make a determination? We
can't argue about a fourteen hundred dollar ($1,400.00) item all day. Yes,
sir.
Commissioner Plummer: No, sir. It is $10,000.
Mayor Suarez: Ten thousand dollar item.
Ms. Rolle: I don't... about that. I don't know nothing about that.
Mr. Steve Hyatt: Steve Hyatt, 1700 N.W. 17th Avenue. Mr. Mayor...
Ms. Rolle: They ought to be ashamed of themselves.
Mr. Hyatt: ...just one quick point. We serve on a committee that makes
recommendations to where we're going to spend this money. We have heard all
kinds of charities, in the last two years come before us, exception after
exception, after exception. You can draw the line today by saying no and
you'll never have another charity come before you again with any type of
exception.
Commissioner Dawkins: OK. I take his advise, and I move that we give them
the ten thousand dollars ($10,000.00) today, and draw the line from this day
forward.
Ms. Rolle: Draw what line? I don't understand what he is saying.
Mayor Suarez: So moved.
Commissioner Plummer: Wait a minute. What was he saying?
Commissioner Dawkins: OK. He says that by drawing the line today...
Commissioner Plummer: Yeah.
Commissioner Dawkins: ...we can assure that there would be no more charities
before this Commission. So I said I agree with him. I moved that we give
them the ten thousand dollars ($10,000.00) today and that they'll be no more
money henceforth and forevermore for no charities.
Mayor Suarez: Yeah. We make the exception for this one and never again.
Commissioner Plummer: What are you going to do when the rest of the charities
come up and ask for the same thing?
Commissioner Dawkins: Tell them that Coconut, or whatever it is, say you
can't give them anything.
195 April 30, 1992
Mayor Suarez: They weren't there when Goombay was there. That is for sure.
Commissioner Plummer: Are you aware what Goombay gets form the TDC?
Mayor Suarez: No. I hope...
Commissioner Plummer: Goombay is getting money from a number of sources.
Mayor Suarez: I hope the TDC gives them a lot of money. They deserve it.
Yes, Tricia.
Ms. Tricia Naron: My name is Tricia Naron, I am the Executive Director of the
Coconut Grove Chamber of Commerce, located at 2820 MacFarland Road. I just
have two brief points to state.
Mayor Suarez: You support both sides. Go ahead.
Ms. Naron: Don't confuse me. No, I am not nervous. I always do that. If
you break down the festival and charge them a seventh of the portion that's in
their area, does that mean that they get a seventh of the City's services?
Mayor Suarez: No. They're paying for 100 percent of the City services. This
is a surtax that we're trying to apply to them in a sort of retroactive
fashion, in a way that they can conceivably pay for it when they're strapped.
Ms. Naron: OK. Does that mean that the other festivals who fall within
district...
Mayor Suarez: But I like your logic. You should study law and be a
practitioner, you confuse the judges and the juries, I am sure.
Ms. Naron: Does that mean the other festivals who are in the district who do
not use up the entire district are going to be charged accordingly?
Mayor Suarez: No, it doesn't mean that. So maybe we should go with
Commissioner Dawkins' proposal, which makes the exception for the whole
shebang and not six sevenths out of it, so we don't get into the practice of
splitting into the portion of what they use of the district. Maybe you are
right about that, if that's what you are arguing.
Ms. Naron: That's my point. If this Commission decides to waive the 25
percent impact fee, I respectfully request that you do not forget this
decision when I come back before you for the Banyan Festival, for the Coconut
Grove Seafood Festival, for the Taste of the Grove and for the King Mango
Strut.
Mayor Suarez: I will make sure that I not follow your recommendation. I will
forget totally this exception once having done it, and will not reapply it
again for my vote. I don't think those other important events, as important
as they are, worthy as they are, rank with Goombay. That's for myself.
Commissioner Dawkins: Today I share those same sentiments with the Mayor.
196 April 30, 1992
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Ms. Naron: So are you saying, sir, that Goombay is more important than the
other festivals?
Ms. Rolle: To Coconut Grove, yes.
Mayor Suarez: Yes, ma'am, I sure as hell am saying that.
Commissioner Dawkins: I am saying you may interpret it any way you want.
That's what I am saying.
Ms. Esther Mae Armbrister: It certainly is more important. It's the most
important festival that you have in Coconut Grove.
Mayor Suarez: In many ways it represents the founders of this City, folks.
All right, we have a motion. Do we have a second?
Commissioner Plummer: May I ask what the motion is?
Mayor Suarez: The motion is now to waive the entire fee.
Commissioner Plummer: To waive the entire fee.
Mayor Suarez: All right.
Commissioner Plummer: Now excuse me, Mr. Mayor, is that the maker of the
motion, I don't care who it is. Is that to waive the entire fee for all the
festivals in Coconut Grove? I mean in fairness, you've got to do it.
Mayor Suarez: For the Goombay festival. How much more do we have to repeat
this?
Commissioner Plummer: No I am asking...
Mayor Suarez: You don't have to vote for it.
Commissioner Plummer: OK, sir.
Mayor Suarez: You can vote against it, but that's what the motion is.
Commissioner De Yurre: Hold it. Mr. Mayor.
Commissioner Plummer: I just asked because I was talking with my daughter
whether or not that was, because I am going to offer a motion immediately
thereafter, that all fees... that we just discontinue the ordinance. It's
unfair.
Mayor Suarez: You might get support on that. I don't know.
Commissioner Plummer: Fine, hey, if that's what you want to do, do it.
Commissioner De Yurre: Hey, why don't, Mr. Mayor...
Mayor Suarez: All right. As to the motion before us.
197 April 30, 1992
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Commissioner De Yurre: ...why don't we just give a grant and not waive
anything. Make them pay just like everybody else.
Mayor Suarez: I think it sends the wrong message. I don't think we're
putting additional money into the festival.
Commissioner De Yurre: We're getting it right back anyway.
Mayor Suarez: I don't want people to think we're giving them ten thousand.
We're not. We're simply not charging something that before, a year or two
ago, we never used to charge and which was created so we don't have too many
festivals, and we don't have too much saturation of the Grove. This is not
the event that's creating the saturation. This event has been there for many
many years.
Commissioner Plummer: Excuse me, Mr. Mayor, that is not a true statement.
Mayor Suarez: No.
Commissioner Plummer: That is partially true.
Mayor Suarez: Partially true.
Commissioner Plummer: Yes, sir. The fee was created for the purpose that
this City did not have the money to regenerate Peacock Park, after twenty-five
thousand people were stomping through there on a weekend. This money was a
secondary thought, that said, that the Coconut Grove people should not have to
stand up under the gaff of redoing Coconut Grove for festivals which had no
relation to Coconut Grove.
Mayor Suarez: No, no. But I hope that you are not suggesting that the entire
ordinance was passed just because of Peacock Park.
Commissioner Plummer: Sir, I said that... I shouldn't have said the
Peacock...
Mayor Suarez: All right.
Commissioner Plummer: ...the district.
Mayor Suarez: Thank you.
Commissioner Plummer: The district.
Mayor Suarez: The district. And I don't know that the monies have been spent
totally in a fair fashion throughout the entire district, but maybe...
Commissioner Plummer: Sir.
198
April 30, 1992
11
Mayor Suarez: ... they have. I've not been involved. I defer to your
judgement and that of the committee on that.
Commissioner Plummer: Every one of the dollars spent has been approved by
this Commission.
Mayor Suarez: I believe the justification, legally, for the imposition of an
impact fee is that it creates an impact.
Mr. Hyatt: None.
Vice Mayor Alonso: Can we give a grant...
Mayor Suarez: You are paying the services... all right...
Vice Mayor Alonso: ...as stated before, and then make it part of our budget
every year. It is included, the money goes back to the City of Miami after
all. Why can't we do it that way? It's fair to them, it's fair to both
parties and it is resolved.
Mayor Suarez: That seems to be what the Commissioner De Yurre suggested.
Vice Mayor Alonso: And I believe that last year, when this came about, we
discussed the possibility of doing it this way, and I don't think we ever took
a vote, and that's the problem that we are facing this year. We should do it
formally and resolve the problem and it will be fair to both parts.
Mr. Hyatt: May I make one quick point about the age of the festivals? The
Coconut Grove Arts Festival has been a festival for thirty years. The Bed
Race has been a festival for fourteen years, and the Taste of the Grove has
been a festival for ten years. Talk about the age of these festivals is not
really relevant here. It's just a consistent policy. It will save you all a
lot of time in the future.
Mayor Suarez: You know...
Ms. Rolle: Mr. Mayor.
Mayor Suarez: ...you can argue for a long time that the Bed Race and the
Taste of the Grove are as important as the Goombay. You are not going to be
able to convince me of that. You may be able to convince some of my
colleagues.
Mr. Hyatt: That's not my argument.
Mayor Suarez: I doubt it. Or that have the same historical importance or the
same relevancy to the roots of Miami, but you are not going to be able to do
it, at least with me, so you are wasting your breath on that. We have other
items, folks, it's five -forty five. Please, let's vote on this thing. Now,
you got a motion to waive the entire amount and Commissioner De Yurre is
suggesting instead a grant presumably if adjusted...
Commissioner Dawkins: I withdraw my motion. Go ahead, Commissioner.
199 April 30, 1992
Mayor Suarez: ...to reflect the way we should handle this programmatically,
in the future, by building it into the budget.
Vice Mayor Alonso: And then make it part of our regular budget every year so
we don't have to go through this exercise...
Mayor Suarez: Goombay will be a City -sponsored project under Parks Budget or
whatever.
Commissioner De Yurre: You can't extend the streets any further now.
Vice Mayor Alonso: No.
Ms. Rolle: We're not intending to extend it any further.
Commissioner Dawkins: You all don't want to go in that part of my
neighborhood. Don't worry about me extending it.
Ms. Rolle: We don't use Peacock Park.
Mayor Suarez: All right. We have a motion now.
Commissioner Plummer: May I ask the maker of the motion, are you indicating
that if they make a profit after we audit their books, that they will pay out
of a profit to reimburse?
Mr. Rolle: We don't have no damn profit.
— Commissioner De Yurre: First of all, let me... the ten thousand dollars
($10,000.00) does that cover all seven streets or not because I am not clear
yet on that?
Commissioner Plummer: Yes it does. It does.
Mayor Suarez: It's a calculation based on the totals.
Commissioner De Yurre: So, really we're getting six -sevenths of it. We're
getting it back anyway because we would have paid it out with our services.
We're getting it back.
Commissioner Plummer: You get that back anyhow.
Vice Mayor Alonso: It goes back to the zone.
Commissioner De Yurre: We're getting it back. So we're only talking about
the fourteen hundred bucks ($1,400.00), again.
Mayor Suarez: No, really you are talking about the whole amount.
Commissioner Plummer: That's it.
Mayor Suarez: It's a surtax. It's an extra, what is it...
200 April 30, 1992
s
Vice Mayor Alonso: Yeah, that goes back for a project in that area. The
district.
Mr. Hyatt: Twenty-five percent of the...
Mayor Suarez: Twenty-five percent of the regular City services which they
pay.
Commissioner De Yurre: But are they going to... OK. Isn't that going to be
the same amount? Are we going to get the ten thousand back?
Mayor Suarez: No. They pay twenty. They pay close to forty thousand in City
services, right.
Ms. Rolle: More than that, and require it to be paid before the festival
takes place.
Commissioner De Yurre: Hold it. Forty thousand if...
Mayor Suarez: In good hard...
Vice Mayor Alonso: Then, in reality, we...
Mayor Suarez: ...cash. They pay for all their services. This is a surtax
and it's 25 percent of the regular tax.
Commissioner Plummer: They pay for all the services.
Mayor Suarez: ... of the regular...
Commissioner Plummer: That has never been a question.
Mayor Suarez: ...imposition, not tax.
Commissioner Plummer: That has never been a question.
Ms. Rolle: And we don't have volunteers.
Commissioner Plummer: The question is the impact fee. That's the questions.
Commissioner De Yurre: Which is the ten thousand dollars ($10,000.00).
Mayor Suarez: Right.
Commissioner Plummer: Yes, sir.
Mr. Rolle: You all want to volunteer?
Commissioner De Yurre: OK. So we're going to give them the ten so they can
give it back to us?
Commissioner Plummer: No.
Mayor Suarez: Yeah, in effect, they give it back.
—�s 201 April 30, 1992
r
Commissioner De Yurre: Yes. Yes. We're getting it back. It's awash.
Vice Mayor Alonso: In effect because of the services they pay to us. In a
way, yes.
Commissioner De Yurre: It's awash.
Mayor Suarez: It's awash.
Commissioner Plummer: OK. But what you are doing is you are subsidizing them
for ten thousand dollars ($10,000.00).
Commissioner De Yurre: We're subsidizing them.
Mayor Suarez: I like to think of it as a waiver, myself but...
I Commissioner Plummer: No. It's not a waiver.
Mayor Suarez: I think of it that way. All right.
Commissioner Plummer: I am assuming if we give them...
Mayor Suarez: It's a pass -through, if you want to look at it that way.
Commissioner Plummer: OK. You made the motion. Mr. Manager, I assume as all
monies given to organizations we demand an audit prior to payment. Am I
correct?
Ms. Rolle: No. We pay before the festival takes place.
Commissioner Plummer: Am I correct?
Mr. Castaneda: Well, in this particular case, there wouldn't be a payment,
but we can demand an audit.
Commissioner Plummer: Of course. OK.
Ms. Rolle: You do.
Ms. Armbrister: Just before you do anything.
Ms. Rolle: And we do audits with the County, with you and independent.
Mayor Suarez: OK.
Ms. Armbrister: You
get your money
up
front
every time. You know that.
Commissioner Plummer:
Well, we get
an
audit
right.
Ms. Rolle: No problem.
Commissioner Plummer: Fine.
"1 202 April 30, 1992
A�.
0
Vice Mayor Alonso: OK, call the roll.
Mayor Suarez: All right we have a motion, and a second and an audit after the
fact, and the money for the services before the fact, call the roll.
Commissioner Plummer: Hey, Stu, don't leave, don't leave because I am going
to make a motion for you and all the rest of them.
Mayor Suarez: You can leave, Stu.
Commissioner Plummer: No, no, no.
Mayor Suarez: Call the roll.
Ms. Hirai: Mr. Mayor, just a clarification. Part of this motion is to make
the festival a City -sponsored event.
Commissioner Plummer: Hey, what your predecessor said, "whose ox is getting
gored."
Mayor Suarez: Yes.
Ms. Hirai: Part of the motion incorporates that making the event a City -
sponsored event?
i
Mayor Suarez: In the future...
Ms. Hirai: In the future?
Mayor Suarez: ...fiscal years it's got to be built into the budget.
Commissioner Plummer: Mr. Mayor, can I ask please that the motion be split?
I would like to vote, as I've always had the honor of doing, voting for
i Goombay with the exception of the waiver. And I would vote for that again.
Commissioner De Yurre: Well, there's no waiver.
Commissioner Plummer: The grant of money. Would you separate the grant of
I money from the rest of it?
s
i
Mayor Suarez: The pass -through or whatever you call it. All right, if the
movant would like...
i
Vice Mayor Alonso: She's asking, Mr. Mayor, if this is a City sponsored
event.
x
Commissioner Plummer: No.
s
Ms. Hirai: From now on, if it's going to be made as the comments were.
Commissioner Dawkins: In the future.
4
i
Ms. Hirai: In the future?
j 203 April 30, 1992
Commissioner Dawkins: Yes.
Ms. Hirai: But not through this motion?
Mayor Suarez: What practical, implication does that have now?
Vice Mayor Alonso: No, I don't think it should, in order to avoid the...
Ms. Hirai: No I just try to reflect...
Mayor Suarez: No, no, no. Because what you have not realized by asking that
question is, if you make it a City -sponsored event, they probably haven't
thought about it, that actually increases the costs of all the services.
Ms. Hirai: No, no.
Commissioner Plummer: Fifty percent.
Vice Mayor Alonso: Yes, it's time and a half...
Commissioner Plummer: Fifty percent.
Vice Mayor Alonso: ...and a no.
Ms. Rolle: We pay that already, time and a half to police.
Mayor Suarez: And if you don't know that and you've been sitting in that
chair for as long as you have been sitting in that chair, please, refresh your
recollection.
Vice Mayor Alonso: Call the roll. Let's take a vote.
Mayor Suarez: Now, what she meant, what Vice Mayor Alonso meant, is that in
future years we should build into...
Vice Mayor Alonso: In our budget so it's part of the grants given.
Mayor Suarez: ...the City budget, some department budget, an amount to be
equivalent to this impact fee.
Vice Mayor Alonso: That goes to them.
Mayor Suarez: Because she hopes that that will satisfy my colleague to the
left who believes that by doing it this way we're not creating an exception to
the impact fee surtax ordinance, for lack of a better word, and, however...
Vice Mayor Alonso: They're getting their monies...
Mayor Suarez: Yeah.
Vice Mayor Alonso: ...so it's fair to them.
thousand dollars ($10,000.00).
They will be receiving the ten
204 April 30, 1992
11
Mayor Suarez: It's not going to have that effect because he intends to try to
embarrass all the rest of us now by having a motion that says everybody's
exempted et cetera. We shall see. But in any event...
Vice Mayor Alonso: Well, he could vote no.
Mayor Suarez: Right.
Vice Mayor Alonso: That's the end of it.
Mayor Suarez: We can certainly vote no on that. All right.
Ms. Hirai: Roll call.
Commissioner Plummer: Excuse me, is the motion separated like I asked, or
it's not?
Mayor Suarez: How can it be if they're here just on a waiver? I don't think
they're here on the approval of Goombay.
Commissioner Plummer: No, sir, I think it's more than just the waiver. It's
retail beverages...
Mayor Suarez: OK.
Commissioner Plummer: ...peddlers...
Mayor Suarez: I have no problems splitting it if you...
Commissioner Plummer: ...permits, the rentals and all of that.
Commissioner De Yurre: I move to request other than the monetary aspect of
the ten thousand.
Mayor Suarez: OK. We withdraw the prior motion and now it is a request for
all the facilities and permits other than the waiver of the impact fee.
Commissioner De Yurre: So moved.
Commissioner Plummer: So moved.
Mayor Suarez: So moved and seconded, call the roll.
205 April 30, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-260
A RESOLUTION RELATED TO THE 1992 MIAMI/BAHAMAS GOOMBAY
FESTIVAL TO BE HELD JUNE 5, 6, AND 7, 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT
TO THE ORGANIZERS TO SELL BEER AND WINE IN CONNECTION
WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; WAIVING ALL WAIVABLE CITY FEES RELATED TO SAID
EVENT; FURTHER CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH
SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: Now the ten thousand.
Mayor Suarez: Now on the motion in chief.
Commissioner De Yurre: Grant.
Mayor Suarez: So moved.
Commissioner Dawkins: On what now? What are we moving on now?
Commissioner De Yurre: Ten thousand dollar ($10,000.00) grant.
Mayor Suarez: We split the thing so he could vote in principle for the... and
as to the other facilities.
206 April 30, 1992
i
i
Commissioner Dawkins: What did I vote on just now?
Mavor Suarez: That was as to the use of the streets...
Ms. Hirai: Everything they're requesting except the grant of the ten thousand
dollars ($10,000.00). All other requests that they have made except the ten
thousand dollar ($10,000.00) grant.
i
Commissioner Plummer: Can I ask where the money is coming from?
Ms. Hirai: That was the first motion.
Commissioner Plummer: Where's the money coming from, Mr. Manager?
Commissioner Dawkins: From the lotto.
Commissioner Plummer: I asked where is the...
Commissioner De Yurre: It's going to come from the same place that you
provide the services to clean up. It's awash. We're getting it right back.
Commissioner Plummer: No, no, no, not that money.
Mr. Odio: No. See, let me explain, Commissioner. I heard the whole... When
they pay the fee, that fee goes into a trust account. We don't see that money
ever.
Commissioner Plummer: The City services are paid to the policemen and the
firemen. They get that money.
Mr. Odio: They pay the City, sir.
Commissioner Plummer: Where's the money coming from?
Mr. Odio: It's an out of... I don't have the money. I do not have the money.
Ms. Armbrister: We pay the policemen time and a half.
Commissioner Plummer: No, no, no. Only if you are City -sponsored.
Ms. Rolle: What?
Commissioner Plummer: If you are not City -sponsored, you do not pay time and
a half. Right?
Ms. Armbrister: We pay the policemen time and a half.
Commissioner Plummer: No. No.
Ms. Rolle: On Saturday because it's overtime.
Commissioner Plummer: Now, Al, Al they're saying that they're not a City -
sponsored event and they're paying time and a half for policemen. Why?
207 April 30, 1992
-1%
Vice Mayor Alonso: No, just overtime.
Ms. Armbrister: Overtime.
Commissioner Plummer: Overtime? What do you mean overtime?
Ms. Rolle: I mean when they are not on duty then they sign up to work for us.
Yes, and the uniform fee and all those fees.
Mayor Suarez: Oh, the off duty fee is, the off duty fee is higher, yeah.
Vice Mayor Alonso: Off duty fee, I see. It is less.
Commissioner Plummer: Oh, OK. All right.
Mayor Suarez: Yeah, we know that. All right, how do you want to state your
motion, Commissioner? How do you feel more comfortable with it? He's
rethinking it now because... he...
Commissioner Plummer: How do you make a motion to write a bad check?
Mayor Suarez: They just clarified that the money is pouring over into the
fund and, therefore, in effect the City will not have it available. So where
is it...
Commissioner De Yurre: Oh, hold it. If he's telling me he doesn't have the
money...
Mr. Odio: I do not have the money, Commissioner.
Vice Mayor Alonso: Let me tell you something. He will find the ten thousand
dollars ($10,000.00) from the same place he finds money in all other
occasions. So I think he should find it for this festival, and if not, he can
take it from the savings of my office. So call the roll, please.
Commissioner De Yurre: OK. So from Commissioner Alonso's ten thousand
dollars ($10,000.00) comes out of that.
i
-! Mayor Suarez: We just sold some of the furniture...
Vice Mayor Alonso: He will find the money. I will have money left at the end
of the year. So he will find the money.
Commissioner De Yurre: So moved. That from Commissioner Alonso, Vice Mayor
Alonso's office take ten thousand dollars ($10,000.00) of her budget...
Vice Mayor Alonso: You bet! I saved forty thousand last year so it might as
well be there.
Mayor Suarez: There you go.
Commissioner De Yurre: ...for the Goombay... OK. In fact I'll let you make
the motion then since it's you money, and I'll second it.
208 April 30, 1992
44b -
Vice Mayor Alonso: OK, Fine. So moved.
Commissioner De Yurre: OK. I second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-261
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$10,000 FROM DISCRETIONARY FUNDS, ACCOUNT NO. 921037,
TO COVER THE COST OF THE COCONUT GROVE SUPPLEMENTARY
USER FEE RELATED TO THE 1992 MIAMI BAHAMAS GOOMBAY
FESTIVAL TO BE HELD JUNE 6-7, 1992, SUBJECT TO SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I want to tell my good friend, Commissioner Alonso,
she's making three friends and thirty thousand enemies. I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All right.
Commissioner Plummer: Wait, wait, Mr. Mayor, I wish now to go back and open
up the matter in relation to the Coconut Grove Bed Race. I move, at this
time, that the matter of Coconut Grove Bed Race, that the fees be waived.
Mayor Suarez: The matter is out of order. I invoke the rule. We're going on
to the next item.
Commissioner Plummer: On what basis, sir? It's on the agenda.
Vice Mayor Alonso: Are you going to take it from the savings of your office?
209 April 30, 1992
,it
.4
Mayor Suarez: No, sir. Only Goombay is on the agenda.
Commissioner Plummer: Sir, I asked that the matter that the...
Mayor Suarez: All right if you want to vote, hey, I am ready to vote on it
anytime.
Commissioner De Yurre: Out of whose Commissioner's money is it going to come
from?
Commissioner P1uirmer: I don't care whose it's out of. I want to be fair with
the Bed Race as I am with others.
Commissioner Dawkins: The motion dies for a lack of a second. Move on.
Mayor Suarez: All right. We have a motion that...
Commissioner Plummer: All right. Then, Mr. Mayor, I make a motion at this
time that the fees...
Mayor Suarez: Wait. His ruling is not... wait, wait, wait... his ruling is
not valid. You have to make the motion three times.
Commissioner Plummer: ...and the committee which was established...
Commissioner Dawkins: A question has just been raised. How many blacks on
the Festival committee?
Commissioner Plummer: There were two.
Mr. Hyatt: Commissioner, you appointed two representatives. We have met for
months and we've had one of those representatives attend one meeting. If you
will appoint a representative that will show up at meetings, we would be
appreciative.
Commissioner Dawkins: I guarantee you, I guarantee you the next two that I
appoint will be there if I have to hand bring them.
Commissioner Plummer: And let me indicate to you, Mr. Miller.
Mr. Stahl: And continue to come every month.
Commissioner Dawkins: OK. Beg your pardon?
Commissioner Plummer: Mr. Miller, her husband was the one who appeared there,
in behalf of Goombay, and who made the arrangements with this Committee to be
excluded from a fee at the time that it was convenient to them.
Ms. Rolle: Prove it.
Commissioner Plummer: What? Prove it. I'll give you copies of the minutes.
Ms. Rolle: That's what I'd like to see, sir.
210 April 30, 1992
,-4
Commissioner Plummer: Give you copies...
Mayor Suarez: Folks, let me give you an admonition. We are arguing about
this as if it was life and death...
Ms. Rolle: They ought to be ashamed of themselves.
Mayor Suarez: ...ah, you now the end of the world.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: The situations similar to the one in Los Angeles which, thank
God, we don't have.
Ms. Rolle: You are right.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: We have a group here, which didn't exist before, which now has
a certain amount of fees pouring into it. They should be very happy and
smiling that they are able to ... there we go... improve Peacock Park, and we
have a group that is staging a very important festival and, once again, we'll
have the funding, we'll pay the City, up front, all of the fees and all of the
services so that the City will not have to fund a single penny of it. We
should all be smiling and being friendly about this except for a minor little
symbolic issue here, which has to do with the waiver of an impact fee. So
let's not get carried away with the rhetoric. We all support what you are
doing, and we certainly support Goombay, and let's not argue about something
unnecessarily and beyond the tone that it merits. Now...
Commissioner Plummer: Mr. Mayor, at this time, sir, I make a motion, before
this Commission, that the impact fee of festivals in Coconut Grove be
abandoned and the Committee be dismissed.
Mayor Suarez: So moved. Do we have a second? Do we have a second? Do we
have a second? The motion dies.
Commissioner Plummer: My final motion is that in reference to the Coconut
Grove Bed Race, as requested by them, that the waiver fee for impact be
waived.
Mayor Suarez: So moved. Do we have a second? Do we have a second? Do we
have a minute? Just kidding. No second, all right.
Commissioner Plummer: Thank you, sir.
Commissioner Dawkins: What's your next one?
Commissioner Plummer: No, I did what I thought was fair, sir.
Mayor Suarez: OK. That's it.
211 April 30, 1992
•
20. DISCUSSION -- PERSONAL APPEARANCE BY REV. JAMES CASH, SR., CHAIRMAN OF
P.U.L.S.E. COMMITTEE TO END DISCRIMINATION, TO PROPOSE BANNING USE OF
THE CHOKE HOLD RESTRAINT BY POLICE DEPARTMENT.
Mayor Suarez: Item eleven, PULSE, Reverend.
Reverend James Cash: My name is Reverend James Cash, I am pastor the John
Wesley Methodist Church. I serve as First Vice President of PULSE, that's
people united to lead the struggle for equality. We're here today to speak to
our City Fathers because we feel that this is one of the most serious days in
our nation. For it is at this time that we come to say to you that our City
is in trouble. We say our City's in trouble because we have an ordinance that
suggests a choke hold that will allow one to lose their life when implemented
by the Police Department. We are aware that presently there is a young man in
Jackson Hospital who's been in a coma since January the 3rd, and we've been
asking to have this matter brought to some kind of input to this community, as
to what has happened in this case. We're coming to you today, the Fathers of
this City...
Mayor Suarez: And Mother.
Reverend Cash: ...and Mother. To say to you that somebody needs to give an
account for this action, or lack thereof. We're saying in the community of
the people that I represent, the people united to lead the struggle for
equality. We are saying that the City ought to let us know something. What
is the status of the case? Why can't we know? Why can't that mother know?
Why can't that grandmother know? Why can't we, in this community know? And
this is why I said to you, it is so important that today, that today, this
City Commission take a stand and tell us what's going on. Why do we have to
have this hold? Why do we have to have the choke hold when other cities, all
over the country, even in are our own State, the Police Department have
withdrawn that from their activity, and we, in the City of Miami, in our
academy, still have that as a part of its module for training. We know that
people have lost lives, in our own City, in our own county hospital, Mr.
Edwards is there. Can't speak, can't wake up, but yet, we still have that on
our list, as part of the training for the policemen of Dade County, of the
City of Miami, I sorry. We speak to you today because PULSE feels that you
need to say to Chief Ross, or say to the City Manager, remove it, and remove
it today. California is burning now. Atlanta is burning now. And as our
City Fathers and Mother we don't need... put yourself in a posture where this
country will be looking at you stating that there is a law, that's on the
books, that create, or can create, the same problem in our City. We love our
City. If you are like me. I was born here fifty-nine years ago. I'll be
sixty in August. I am a retired principal in Dade County Public Schools. I
pastor a Church here in the City. And the people of PULSE those who are
united to lead the struggle for equality, beg of you that you would do
something today to be certain that we don't have anything on our records that
would allow any impropriety on the part of any police officer. Billy is going
to share some thoughts with us now.
212 April 30, 1992
Mr. Billy Hardemon: Mayor, Commissioners, my name is Billy Hardemon, 655 N.W.
48th Street. As Reverend Cash said, we're here to speak specifically on the
choke hold, remind you that Chief Ross and other law enforcement
professionals, they get very upset when we call it the choke hold. They said
this technique is not a choke hold. They explain it that a choke hold blocks
the esophagus of oxygen. And they call it a technique that is used in the
City of Miami, the lateral vascular neck restraint.
Mayor Suarez: Neck what?
Mr. Hardemon: Neck restraint.
Mayor Suarez: Restraint.
Mr. Hardemon: Yes, sir. But the lateral vascular neck restraint chokes off
oxygen to the brain. One chokes off oxygen vis-a-vis the esophagus. One
chokes off oxygen to the brain. They both are choke holds. So let's not get
caught up in the semantics there. And it's a very very controversial hold.
It's a very very dangerous hold. This debate about the choke hold did not
start today. This hold has been banned by several police agencies nationwide.
The City of Los Angeles, with all of its problems, even with it's Chief, has
issued a moratorium on the use of the choke hold. Here in the State of
Florida, the City of Tampa, has banned the use of a choke hold, and the City
of Tampa had a case where a suspect was choked to death. The City was sued.
The City of Tampa was sued. The City of Tampa won their case. They were
successful in their litigation. They did not have to pay out a dime, but they
still banned the use of the choke hold, in an effort, to improve police
community relations. I do not want to disarm police officers. That's not my
intent at all. We need police officers. However, the FBI arrest dangerous,
very dangerous, criminals, suspects every day. And the FBI does not use the
choke hold. Now in the City of Miami we have the Antonio Edwards case. What
started out as a simple parking violation has ended in a tragedy. It has
become a tragedy for the City. It has become a tragedy for the officers
involved. It has become a tragedy for the victim. It has become a tragedy
for the family of the victim, the mother. It is just a tragedy. Antonio
Edwards, in this particular case, was handcuffed at the time he was choked.
He was choked to near death, and this is the part that disturbs me more than
anything. When the paramedics arrived on the scene, the officers lied and
said Antonio Edwards was on drugs. They never mentioned the fact that he had
been choked into unconsciousness. Something must be done. We have an early
warning system that identify abusive cops. Police officers with problems.
This particular officer that applied the choke hold had over twenty reprimands
in his record. This case, the Edwards case, is very dangerous, very
explosive, because it does not exist in a vacuum. When you have the Edward
case stacked on top of the Lozano case, stacked on top of the Mercado case,
all on the heels of the Rodney King case, a simple parking violation becomes
very very explosive. We're just one choke hold away from being L.A. today.
And this City has the rare opportunity to take some preventive action by
nipping this thing in the bud, right now. By banning the use of the choke
hold. By banning the use of the lateral vascular neck restraint by the City
of Miami police officers. That's our request.
Commissioner Dawkins: Mr. Mayor.
213 April 30, 1992
•
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I agree, in total, with what's said in reference to the
choke hold. I have to take issue, with the fact that's implied, that this
Commission does not care about the individual who was choked. I too agree
that it is a dangerous procedure and I would like to know, just like everyone
else in the community, how such a procedure could be instituted and not have a
warning, you know. How can you teach a policeman to put a hold on a person,
around the neck, and that in "X" number of seconds, that person will pass out,
when there is no electric timer placed in an individuals mind who is applying
this hold. Mr. Manager, I would hope that this form of retention or whatever
would be stopped. I hope that you would pass on to the Police Chief that
under no circumstances must it be applied again, but I want to go on record by
saying to everyone out there, the policeman is not responsible. This
policeman was following orders and if the policeman had not been taught to use
that hold, if the policeman had not been allowed to use that hold, it would
not have happened. I want the public to understand that it's the
Commissioners' and the Manager's responsibility for this, and we will not
allow the policeman to be made a scapegoat for this incident.
Mayor Suarez: You know as you described it, Billy, the lateral...
Mr. Hardemon: Vascular.
Mayor Suarez: ...vascular restraint I was reminded of an incident that
happened to me about a year ago in a very - you know we really appreciate the
cameras and all that, but I can't even see the people making the
presentation... could you, thank you - in a very informal way I was wrestling
with my son. My son is a... actually very slight youngster. He was thirteen
at the time, he is fourteen now. Even now he doesn't weigh close to one
hundred pounds. But he knew some things about Judo, and he grabbed me and he
didn't really cut off my esophagus, in any way, it was more on the side, and
after about four or five seconds I had to take very dire action, which
actually hurt him, to get rid of his hold. He had me around the neck and we
were wrestling. It was a very scary moment for me, not only because of what I
felt, but the way that I saw that I reacted to him, and it took me a couple of
hours to get him calmed down, the way I reacted, because I jumped from that
hold he had me in. Like I said, he's small and he's growing, thank God, but
at the time he was ninety pounds or so, and I weigh at least twice that much.
After these Commission meetings a lose about ten pounds every Commission
meeting. It struck me that there's something to what your saying and I join
Commissioner Dawkins' suggestion that the Manager institute a moratorium,
right away, and unless we have some evidence that this is something, that for
whatever reason, we need to have this in our Police Department when the FBI,
as you've testified, is not using it, and Tampa and some other Cities, that
the moratorium be made in to a permanent norm for our department.
Commissioner Plummer: I would like to hear what the Manager has to say.
Mr. Odio: Well me, as a person, I am against the choke hold.
Commissioner Plummer: No sir, sir I...
Mr. Odio: I have no problem in saying that. As Manager...
214 April 30, 1992
Commissioner Plummer: What I would like to hear the Manager say is what are
you going to do. You are the head of the Police Department. What are you
going to do?
Mr. Odio: Just a minute. What are you telling me?
Mr. Jones: Mr. Mayor...
Mayor Suarez: Yes, we should always take the advice of our City Attorney in
these matters. To what extent can we fix policy on this or...
Mr. Jones: Mr. Mayor, let me just caution you, all of you...
Mayor Suarez: As to the existing case?
Mr. Jones: As to, yes, please, because a lot of what your delving into is
going to impact...
Mayor Suarez: I am sorry. I am sorry, Mr. City...
Mr. Jones: ...on the defense of this case.
Mayor Suarez: Mr. City Attorney, we've been warned many times by the City
Attorney as to what to say and what not to say up here. I have disagreed and
ignored your warnings almost every single time for six and a half years, and
have had no negative consequences from it. In a legal matter, in fact, we've
settled many matters because we have ignored your warnings, but I should let
you complete your warning before I ignore it.
Mr. Jones: But please let me complete...
Mayor Suarez: All right.
Mr. Jones: ...because there's a first time for everything, so, this may be
your first time that your proven wrong.
Mayor Suarez: Yes, it may be the first time I listen to a City Attorney.
Mr. Jones: All I am telling you is the fact that your talking about imposing
a moratorium or whatever. Be very careful. Certainly Mr. Hardemon and
Reverend Cash or was... I forget which it was, made reference to the fact that
you can use all the semantics that you want, a choke hold, is a choke hold, is
a choke hold. That's something that's not been proven yet. It's still under
investigation, that's one of the central issues in this trial. Sure enough, I
think you've heard, or you may know, that there is a regulation specifically
addressing this choke hold. It's a police department regulation. I think you
should also know this lateral vascular technique that's been described as
completely different. So I would beg of you, I would ask of you to wait and
let this... see what the findings of the investigation are going to reveal,
because what you are about to do is going to heavily impact on my defense of
this particular lawsuit.
Commissioner Dawkins: Mr. City Attorney...
215 April 30, 1992
Mayor Suarez: All right. Let me just put on the record, Commissioner, that I
don't agree that it will affect the pending lawsuit, that's precisely what we
studied in law school, but I respect your opinion that it would. I hope that
it doesn't because I think this Commission, and any other legislative body,
has to act prospectively and not wait for pending cases to be resolved before
it takes and makes a decision in an area like this, but I take to heart your
admonition, I just happen not to agree with it. Commissioner Dawkins.
Commissioner Dawkins: I have to agree with the Mayor, you know. Every time
something happens, after the fact, the City Attorney tells me about the
monetary aspects of it. Nobody thinks about the monetary aspects of it while
they're doing it. After it's over now everybody is concerned. We have an
individual who's a vegetable. We are not saying that, what is what, all we're
saying, the five of us, is we do not want this to occur again. Whatever it
takes to ensure that that doesn't happen, that's what we want done. Now if
you loose six cases, and we don't loose one more life, we think that's to our
advantage.
Mayor Suarez: Are you concerned... With the implication of your statement
that your concerned about our decision, in this area, because of future
matters where the police might act in a similar hold or as to other techniques
that sound similar by defining them as a choke hold. Is that where your
headed to or...
Mr. Jones: Yeah. Because that I mean that's when...
Mayor Suarez: ...because that I am interested in. I think we need input on
that.
_ Mr. Jones: That's one of the central issues in this particular lawsuit and I
don't really want to get into the specifics...
Mayor Suarez: Well not because of the lawsuit...
Mr. Jones: Well.
Mayor Suarez: ...because of the future of...
Mr. Jones: Well not only that but because of future actions as well.
Mayor Suarez: ...practices of the Police Department of the City Miami in many
other cases. We don't want...
Mr. Jones: Well I understand that.
Mayor Suarez: ...to create a situation of uncertainty or a situation where
they can't subdue someone in a fashion that is humane, and is not calculated
to create a tragedy, if there is another way, that some people would
understand to be a choke hold, although it really isn't. Now, so if you want
to go into that, and I don't know if today is the right way, the right day and
moment to do it. I suggest, by the way, if we ever have a hearing on this
issue again, and I have a feeling we are going to have to have it, that among
other things we have it displayed for us. I would like to see what they look
216 April 30, 1992
like. I think we have some people in the department that can do that. Your
union people can do that, and you have some Lieutenant. I would like to see
the different kinds of holds. Maybe there's something that you would find to
be acceptable and that looks, to a lot of people, like a choke hold and does
not cut off oxygen to the brain, and does not have the consequences that we
have see, and yet, it restrains an individual very effectively. I've seen, of
course, the arm behind the back. That seems to work awfully well. The worst
that happens, I guess, is a pretty sprained arm, and there's many many other
things, I am sure, that can be done. So I don't know that we can resolve it
all today, but, you know, the motion, I think, is as a matter of policy, is it
well stated to say, or is it inferred, somehow legally, to say as a matter of
policy we strongly recommend to the City Manager that he impose a moratorium
on what we commonly know as a choke hold, and that he take all necessary steps
to carry that out?
Commissioner Dawkins: Before you speak or before Al speaks, yes sir, but
before you speak and before Al speaks, I would like to know one question. Is
the choke hold covered in the labor... in the negotiation of a contract?
Mr. Odio: No.
Commissioner Dawkins: OK. Thank you.
Mr. Odio: It's part of the Policy Manual of the Police Department.
Commissioner De Yurre: Why don't we have, before you speak, before you
speak... Don't we have a matter on the 7th where we're going to be dealing
with police issue?
Mr. Odio: Yes.
Commissioner De Yurre: Can't we take some time in dealing with this and they
can present, make some kind of presentation to us?
Mr. Odio: Yes.
Commissioner De Yurre: So we can in a better educated fashion be dealing with
this issue.
Mr. Odio: Yes. I have no problem with that.
Commissioner Dawkins: But Al... Let's hear from Al what he has to say...
Mayor Suarez: Yeah. To what extent would it affect, something like the
motion was stated would affect, the union agreement that we have at this
poi nt?
Mr. Al Cotera: Well I could always refer to Article 4, Managerial Rights, and
the management does provide the departmental orders. So it may give me
something to hang my hat on. If that answers your question.
Mayor Suarez: No. No. We thought that maybe there was something, there was
something akin to the Policeman's Bill of Rights. Or something that says we
are, you know...
217 April 30, 1992
Mr. Cotera: No, sir. There would be no violation that I know of.
Mayor Suarez: OK.
Vice Mayor Alonso: But we are telling the Manager to...
Mr. Cotera: But at the same time I would like to...
Vice Mayor Alonso: ...direct the Chief of Police into the matter. We are not
telling him directly. We are just instructing the City Manager to do so.
Mr. Cotera: At the same time I would like to make the Commission aware that
there is an ongoing investigation, into that incident, that is... that there
is an ongoing Federal Grand Jury investigating that incident, and I think that
if you all were to make any type of decision, at this point and time, it would
be unfair to the police officer who's involved in the incident, and other
police officers that are involved in the incident, from my perspective.
Commissioner Plummer: There's an easy way to do it.
Mr. Cotera: I think that from the City's perspective you do have a pending
lawsuit out there that you have to be concerned with.
Mayor Suarez: I don't agree with that statement but I...
Commissioner Plummer: Can I...
Vice Mayor Alonso: At the same time we the serious problem on the situation
that we are concerned.
Commissioner Plummer: Mr. Mayor can I...
Mayor Suarez: ...respect your...
Commissioner Dawkins: But by the...
Mayor Suarez: ...the good faith of your saying it.
Commissioner Plummer: Mr. Mayor, Can I try something on?
Commissioner Dawkins: OK. Now wait one minute. Let me say this...
Mayor Suarez: Sure.
Commissioner Dawkins: ...Joe, and the J. L. Let me...
Mayor Suarez: Yeah. He's been waiting...
Commissioner Dawkins: Let me, Mr. Manager,...
Commissioner Plummer: I'll give you the latitude.
218 April 30, 1992
•
Commissioner Dawkins: ...since the incident what has been your direction to
the Police Department?
Mr. Odio: As far as the...this matter?
Commissioner Dawkins: Yes. No, sir as far as the method used, whatever it's
called. I am not going to call it anything.
Mr. Odio: I have spoken to the Chief about this.
Commissioner Dawkins: No. What, well what did you tell them? Did you tell
them to continue to use it, to stop using it, use it twice as much, use it
half as much. What did you tell them?
Mayor Suarez: use it carefully.
Mr. Jones: Please, please Commissioner, please I beg of you again...
Commissioner Dawkins: You know I sympathize with you, OK, but the only time I
get some answers is when there is an emergency. Please answer my question.
Mr. Odio: Well, I...
Commissioner Dawkins: I can write all the memos I want and I can do all I
want and I never get answers to them. Answer the question, please.
Mr. Odio: Let me put it this way. Let me see.
Commissioner Dawkins: Thank you.
Mr. Odio: We have met. We have talked. As a matter of fact I talked to him
twice today about it, and we have agreed, both of us, and the Chief is very...
Commissioner Dawkins: To evaluate.
Mr. Odio: ...to review every single process that the Police Department is
using as far as force.
Commissioner Plumper: Exactly what I was trying to get.
Mr. Hardemon: Commissioners, Mayor, that's why we are...
Mayor Suarez: Billy wait, wait I am sorry... let me in deference to the
Commissioner. I think that presentations have been made and I...
Commissioner Plummer: No. No. Finally Miller came out with exactly what I
was going to ask the Manager to do. To review the use of force, controlled
mechanism, of the Miami Police Department. Period, amen. He's heard our
comments, he knows what our concerns are, and just review the use of control
of person.
Mayor Suarez: I guess in the ideal world...
Commissioner Plummer: Here...
219
April 30, 1992
3
Mayor Suarez: Let me just make one other observation since I disagree with
the City Attorney so many times today. In the ideal world, from his
perspective, we would very discretely, and internally, discuss what is the
ideal thing for the future, and then come out with a regulation and justify it
in all kinds of terms, not related to the particular incident you referred to,
so that we don't, in any way, hinder our ability to defend that. You see, and
that's a little bit of what's taking place here. So we're being careful how
we state our view, but in my case, I always state them anyhow.
Mr. Hardemon: I understand. Believe me, I understand. I understand the
concern of the City Attorney, but we're talking about lives. We're talking
about lives. All it would take, especially in...
Commissioner Plummer: Billy, don't you believe, after this discussion here,
without saying it, it's being said. Don't you think the Manager understand
our concerns and we just can't spell it out in that clear cut... but if you...
You know, I said to him, in the broadest of terms, and I think it
accomplishes. We want you to review the use of control of persons in the
Miami Police Department. I am sure he knows what we mean.
Mr. Hardemon: With all due respect, Commissioner. Reviewing is fine. But a
moratorium, until the results come out, would be better. In my opinion.
Mayor Suarez: Do you have the definition that the FBI uses, as to what they
banned, or any of the other jurisdictions that you referred to?
Mr. Hardemon: They do not use neck restraints. Be it the quote unquote
"Choke Hold" or the lateral...
Mayor Suarez: No neck restraints.
Mr. Hardemon: No neck ... not... the neck restraints are not used.
Commissioner Dawkins: Mr. Hardemon...
Mayor Suarez: No Tampa or any of the other jurisdictions so that...
Mr. Hardemon: Absolutely, they do not use the neck restraint.
Mayor Suarez: But you don't have the wording of any of their norms or
procedures, or manuals that reflect that - Do you? - handy?
Mr. Hardemon: Not with me.
Commissioner Dawkins: Mr. Hardemon, you have learned as well as I have
learned. The only thing people listen to is when you touch their pocketbook.
You have asked that the hold, or whatever, be ceased until there is a
whatever. Now, you need to go find the parents of this individual. A mother,
wife or whatever and tell them that you asked the City to form a moratorium,
and they didn't. Go get you a good lawyer and try to own the City of Miami.
Mayor Suarez: Wait, before we get that far, let me ask a question.
Lieutenant or Mr. Cotera, Mr. Manager, Mr. City Attorney, anybody.
220 April 30, 1992
Vice Mayor Alonso: Can we perhaps word this in a way that it will just carry
what exactly the feelings of this Commission,...
Mayor Suarez: The intent.
Vice Mayor Alonso: ...like saying, not to use any additional method, that is
not used, in other... You say it's not used in...
Mr. Hardemon: By Tampa.
Vice Mayor Alonso: ...in Tampa. Can we come up with wordings... and we know,
Mr. City Attorney, when you came with the piece of advise I think it was too
late. Because the feeling was really discussed here in this Commission. The
intent of what we want 1s very clear, and anyone that wants to use the record
will be able to use it.
Mr. Hardemon: Yes.
Vice Mayor Alonso: That the feeling of this Commission is very clear. We
don't want it, period. Bottom line, that's what it is.
Mayor Suarez: In furtherance of that, Lieutenant, Mr. Manager, Mr. Cotera,
Mr. City Attorney, anyone of you, are you able to confirm that, in fact, The
FBI or the City of Tampa or any of the other ones mentioned, jurisdictions
mentioned, do not recommend, do not permit, do not have in their manual of
methods or procedures to be used for restraint, anything as suggested by the
presenters of this side, either Reverend or Bill Hardemon.
Mr. Odio: I am not aware. I would have to ask the department to research
that. I am not aware. I just heard somebody tell me that the FBI uses
something different. They call it different, I don't know. I have to review
that and check that out.
Mayor Suarez: Lieutenant, Mr. Cotera or Mr. City Attorney are you, any of
your aware of any other norms used by any other jurisdictions, as stated,
here. Are you able to confirm that, in fact, the FBI does not use neck holds,
for example, to restrain.
Mr. Cotera: I am aware that Los Angeles does not use them. To give you a
little bit of history though, and I'll try to make it real brief. The reason
that the hold was...
Mayor Suarez: Plus Los Angeles is an unsettling example.
Mr. Cotera: Exactly. And that's the point I want to make. The reason that
the hold was developed by the Police Department, or was instituted by the
Police Department, was to get away from the use of night sticks. It was found
1t was a better way of restraining someone than by the use of a night stick.
The next level that you have then is a firearm. We've been using... Police
Departments around the Country have used guns since Police Departments exist.
If someone doesn't use it properly, the Commission doesn't turn around and
take the guns away.
221 April 30, 1992
0
Mr. Hardemon: That's, not correct. I am sorry...
Mr. Cotera: You know, but I am...
Mr. Hardemon: ...In your training...
Mayor Suarez: OK. That wasn't even a response to my question, but it was
interesting anyhow. All right...
Mr. Hardemon: But in his training he said, I mean... I went to Miami Dade
Criminal Justice Institute to get the information, the training that the
officers receive and he just said that the neck restraint is used in lieu of,
in lieu of the baton. That's ridiculous. It's just the contrary. It's
procedure after. And What I am simply saying... and and... what I am simply
requesting, again, if we uncertainty, in the name of saving lives, in the
effort of police community relations, let us ban it until we can do the...
until you can do the research that is necessary. But let's not send the wrong
message out today. Let's take this opportunity to do something preventive,
and I think constructive.
Mayor Suarez: All right, Reverend. Last statement, then we have to act, or
not act.
Reverend Cash: Mr. Mayor, my opening statement made it very clear that we're
about to do something very very serious. This action taken by you today is a
response to the people, the citizens of this community. The people united to
lead the struggle for equality, PULSE. I am not just here alone. I am here
representing 53 churches and groups who are saying the very same thing, who
have sent me here to tell you, to report to the City Fathers that this hold,
this restraint, can only cause problems for this community, and we need to
remove this problem. The problem, as we see it, is being stated all over this
Country. People are loosing their lives because of this. Our sister City,
Tampa, Hillsborough, Hillsborough County, are saying we don't want it, and I
am just afraid that in Dade County, in the City of Miami, where we have it,
the citizens, that I represent, say it's not good, let's remove it. I am sure
you want to hear from the citizens that you serve, and that's why we're here.
PULSE is here to make that statement. Thank you so very much.
Mayor Suarez: Thank you Reverend.
Mr. Gonzalez-Goenaga: Mr. Mayor.
Mayor Suarez: Yes, sir.
Mr. Gonzalez-Goenaga: May I speak for two minutes?
Mayor Suarez: For once I have a feeling that some of what you might say might
actually be relevant to the topic.
Mr. Gonzalez-Goenaga: I am going to tell you something. I have the greatest
respect for PULSE, the greatest respect for brother Haitians, the blacks and
the Puerto Rican. We are in the same boat, but the problem is, we have here
attorneys who are cold - blooded, insensitive people, and lawyers who are also
insensitive people. That's in their blood, especially, if they are from
222 April 30, 1992
Harvard University. The issue is a lot of junk, a lot of papers, but there is
no justice. This City Manager, his last name, Odio. I hate Cesar. We...
Mayor Suarez: Mr. Gonzalez-Goenaga, you can have a seat, sir, or be removed.
Mr. Odio: Listen, if you talk about my family name...
Mr. Gonzalez-Goenaga: Oh, what did you say.
Mr. Odio: If you ever mention my name again...
Mr. Gonzalez-Goenaga: I just translated it into English.
Mayor Suarez: Sir, sir, sir, Mr. Goenaga, you are out of order, sir, have a
seat. Have a seat. We're not going to allow any personal insults here.
Commissioner Dawkins: Mr. Mayor, may I go on the record by saying that this
Commission has heard from all segments of the community. I wouldn't want
PULSE to go away from here thinking that...
Commissioner Plummer: Mr. Dawkins, may I please, sir.
Commissioner Dawkins: Yes, sir, go ahead, Mr. Manager.
Mr. Odio: I have the Chief on the phone and we have agreed, and with your...
because we listen, that we should place a moratorium on this procedures I am
sorry, Quinn - to evaluate the situation. It doesn't say that we are
admitting that what had happened in the past is wrong, right or whatever.
Mayor Suarez: Obviously, it has no reference, whatsoever, to past events.
Mr. Odio: But we feel that the evaluation... Every time we had incidents in
the past we have evaluated it.
Commissioner Dawkins: That's right.
Mr. Odio: And that's all we're saying. That we're going to evaluate the
situation so we would agree to a moratorium of any of the use for at least
until we can come back with...
Mayor Suarez: All right.
Commissioner Dawkins: With another recommendation.
Mr. Odio: Yes.
Commissioner Dawkins: Thank you, Mr. Manager.
Mayor Suarez: All right to...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: ...formalize it we still have a motion pending.
223 April 30, 1992
Mayor Suarez: I thought you did.
Commissioner Dawkins: No, no, no.
Vice Mayor Alonso: No, there is no need.
Mayor Suarez: All right. I think there's a statement on the record from the
Manager that this is going to be effectuated administratively, and I think the
Commission agrees with it, at least a consensus of us do, and I don't know if
there's anything further we need to say. Yes.
Mr. Aleem Fakir: We just want to thank you for your consideration.
Mayor Suarez: First we need your name on the record.
Mr. Fakir: My name is Aleem Fakir and we would just like to thank you for
_ your consideration of this item and one thing that the meetings and the
evaluations thanks going to be coming up in the future, is it possible that a
person from our organization...
Mayor Suarez: Absolutely.
Mr. Fakir: ...can sit in on those committee discussions.
Commissioner Dawkins: I don't know. I don't know. I would think so.
Mayor Suarez: There may be some things. There may be some aspects of it that
are related to past circumstances and so on, that cannot, but, in general,
yes. In fact, we hope to have a lot of that discussion right here.
Mr. Fakir: Right here.
Commissioner Dawkins: OK. I would like before you leave, I have to tell that
this Commission has received input from the total community. I wouldn't want
PULSE to go away from here thinking that PULSE was the only one concerned.
The entire Miami population has been concerned since this incident and has
been in touch with each Commissioner up here. Thank you.
Reverend Cash: Thank you so much.
Mayor Suarez: Thank you, Reverend.
224 April 30, 1992
0
21. PERSONAL APPEARANCE: MARTIN STANLEY, TO DISCUSS CONDITION OF RESTROOMS
AND SECURITY AT BAYFRONT PARK AMPHITHEATER.
------------------------------------------------------------------------------
Mayor Suarez: Item twelve. Martin Stanley.
Commissioner Dawkins: He finally got here, huh.
Mr. Martin Stanley: My name is Martin Stanley and I reside at 1601 Euclid,
Miami Beach. This concerns Bayfront Amphitheater, which I purchased a ticket
here, for a concert. From my understanding Bayfront Park was built by
taxpayers' money and it's used for concerts, for outdoor events and public
events, and it's subcontracted out to promoters, MTV, all your big national
companies. If you can't control an event here, where I am paying $18.00 a
ticket, and if you can't control your bathrooms, where men and women are going
to exchange bathrooms, and you can't put a sign up there like you have on your
wall here, that has you name on it, you name, and you name, and you can't put
a sign that says a men's room and a ladies room, and you stick a piece of
paper, and you spend millions and millions of dollars, and you are selling
alcohol, with an open bar, you got beer in this facility, you got people. You
know at least 10 percent of the people there are going to be coming on some
kind of substance.
Mayor Suarez: Mr. Stanley, are you referring to one particular event that
took place there? That we can sort of put us in focus here.
Mr. Stanley: Yeah. I am. I am telling you about the event.
Mayor Suarez: Which one was it, just so we know which one it was.
Mr. Stanley: It was March 15th.
Mayor Suarez: I am sorry, March 15th.
Mr. Stanley: On March 15th this event took place.
Mayor Suarez: What was the event?
Mr. Stanley: It was a big audio dynamite tour with Public Image. And at the
event... What happened at this event... I am ashamed. I pay $18.00 a
ticket...
Mayor Suarez: And the restroom...
Mr. Stanley: ...and you got this laser show going...
Mayor Suarez: The restrooms were not clearly marked, demarcated women and
men.
Mr. Stanley: Restrooms. They signed a private contract for a hundred and
fifty security guards and a hundred and fifty security guards could not keep
peace and order at a concert?
225 April 30, 1992
4
F7
Mayor Suarez: All right. Let's hear from Mr. Katz who is dying to tell us
his view of this. What happened on March 15th did we kind of...
Mr. Ira Katz: Mr. Mayor, I checked with the police commander. We had no
incidents reported. In fact, the police commander at the post reports it was
one of the best events we've had, in terms of crowd problems.
Mayor Suarez: Wait, wait, you checked with the Police Department. Weren't
you there?
Mr. Katz: Yes.
Mayor Suarez: Your always there for the big events.
Mr. Katz: Yes, sir.
Mayor Suarez: What did you think?
Mr. Katz: I didn't think we had any problems, sir.
Mayor Suarez: Were there 150 security people as... does the contract reflect
you were supposed to have 150 security people, as far as you know?
Mr. Katz: Sir, there wasn't 150 security people. There were 60 security
people and 18 Miami police.
Mayor Suarez: What did the contract call for? Do you know?
Mr. Katz: That's what the Miami police determined the security should be at.
Mayor Suarez: What do you base you statement that there was supposed to be
150?
Mr. Stanley: Well, when I went... because that's what Mr. Katz told me. I
asked Mr. Katz for the contract. I said I am going to come down and get the
contract off you. He asked me, why. Put it in writing.
Mayor Suarez: Did you have any particular personal incident?
Mr. Stanley: Yeah. You want me to tell you what happened?
Mayor Suarez: Please.
Mr. Stanley: I don't appreciate seeing men and women exchanging bathrooms. I
don't appreciate seeing a woman walk into a bathroom and men fondling a woman.
And then all of a sudden three other women go in to try to get the other
woman, and everyone is grabbing the woman. The next thing you know the men
start going into the ladies room. I don't know where you are from, but where
I am from I wasn't raised that kind of way. OK. If you can't control a
concert, how can you control a public event out there?
Mayor Suarez: Well, you know, there are moments where a ... Was it a rock
concert? It that what the group is?
! 226 April 30, 1992
Mr. Katz: Yes, sir.
Mayor Suarez: Where a rock concert which permits drinking, and I presume from
what you were saying that drinking was allowed that day.
Mr. Stanley: I didn't see anybody checking anybody for any ID.
Mayor Suarez: Right.
Mr. Katz: That's not correct, sir.
Mayor Suarez: But wait, wait... you never, none of your... Let me finish my
statements. I'll let you finish yours.
Mr. Katz: Yes, sir.
Mayor Suarez: Both of you. Those, occasionally, are the toughest events for
government to control. I mean I don't even have to give you all...
Mr. Stanley: I am a disabled person.
Mayor Suarez: Wait, wait, wait, wait. Let me speak, please. So, the fact
that we sometimes don't do as good a job as we should've monitoring and
supervising those events, doesn't mean that we don't care to hear in to what
extent things got a little bit out of hand, particularly when people are
drinking, and it's rock concert, these things happen. Let me say another
thing. And much to my embarrassment, the City of Miami has a problem with
restroom facilities and the simple labels that you referred to, you know, men
and women. We've, in the effort to provide separate restroom facilities in
our Fire Department, the last time I checked the expenditure I think that we
were expected to approve to handle that difficult circumstance was like a
quarter million dollars. Why they couldn't simply take, and most of the
Police Department buildings that we have in the City, fire buildings, rather,
and put the labels that you are talking about since they already have some of
them, the ones that I surveyed have at least three separate bathroom
facilities. Why they couldn't do it, even on a momentary basis, you know,
removable plates like these, depending on whether a woman or a man had to use
it, is beyond me and I am agreeing with you, sir. You seem very impatient. I
am agreeing with you. I don't know why that is. I think I am embarrassed to
say we are very inefficient that way. So, the fact that that day the labeling
of the bathrooms, or the use of the bathrooms, separately by men and women,
did not seem to go very efficiently does not surprise me. Do you want me to
agree with you or do you want me to disagree with you?
Mr. Stanley: I want you to agree with me,...
Mayor Suarez: Right.
Mr. Stanley ...but I want you to understand what I've...
Mayor Suarez: It does not surprise me...
Mr. Stanley: ...seen happening there.
227 April 30, 1992
Mayor Suarez: ...it bothers me. It doesn't surprise me. Now, that's directs
at him now.
Mr. Stanley: I don't want to be in a bathroom were a woman is going to get
raped and I am going to be an accessory because I was in that bathroom, and
that's what could happen at an event.
Commissioner Plummer: Which bathroom did you use, sir?
Mr. Stanley: The men's room.
Commissioner Plummer: Which one?
Mr. Stanley: There's only one men's room there.
Commissioner Plummer: No, sir. No, sir. No, sir.
Mr. Stanley: Listen, I asked, I showed a disability card...
Commissioner Plummer: Where was the bathroom?
Mr. Stanley: ...and I asked to use the bathroom at Bayfront Park.
Commissioner Plummer: Sir.
Mr. Stanley: Inside where all the places are...
Commissioner Plummer: Sir, where was the bathroom?
Mr. Stanley: ...and the gates were locked. That's like lighting a fire, and
how you going to get out of there is all the gates are locked. There is only
one entrance out of there.
Commissioner Plummer: Which bathroom facility did you use, sir, there are a
number of them.
Mr. Stanley: I used the one to the right-hand side, down the steps.
Commissioner Plummer: Are you talking about the one under the laser tower?
Mr. Stanley: Yes, sir.
Commissioner Plummer: And were you at the time, sir, as you indicated to my
aide in a wheelchair?
Mr. Stanley: No, sir.
Commissioner Plummer: Where you indicating that you were handicapped?
Mr. Stanley: Yes, sir.
Commissioner Plummer: And what was your handicap at the time?
228 April 30, 1992
t
Mr. Stanley: I have a heart attack, sir.
Commissioner Plummer: A heart attack?
Mr. Stanley: Yeah.
Commissioner Plummer: Did you indicate to my aide that you had a handicap
with your hands?
Mr. Stanley: Yes, I did. I asked for the promoter. The promoter came up to
me and I ask him to open up the door to Bayfront Park through the catwalk, and
all the gates were locked. And that's like to me, if you light a fire, how
are going to get out if all the doors are locked.
Commissioner Plummer: Mr. Mayor, the report of the event, just for your
edification, is that there were twelve thousand people there. The report,
which is done by the Police Department, our Security Department, is that it
was one of the most orderly crowds that we had.
Mr. Stanley: It wasn't an orderly crowd.
Commissioner Plummer: I don't think that there's... probably what this man
has indicated, there might have been a problem of one or two people. When you
take into consideration of twelve thousand at an event, and maybe one
person...
Mr. Stanley: Excuse me, can you let me finish my story.
Commissioner Plummer: Sir, I didn't interrupt you. I am sorry.
Mr. Stanley: Well, can I finish my story because I didn't get my whole story
out yet.
Mayor Suarez: But sir, with all due respect, you have a tough time letting
other people complete their statements and so it takes away from the merits of
the argument. You know it may have been a very orderly event, except for the
bathrooms. I mean, who knows. So we take to heart your observations. We
going to instruct them accordingly and rock concerts and alcohol create
situations like the one that you described. I am not surprised at all if
something hike that happened.
Mr. Stanley: Well, every event you throw in Miami you have alcohol. You have
your Coconut Grove Bed Fest, you have alcohol.
Mayor Suarez: I...
Mr. Stanley: You have your... Every event you have you have alcohol.
�s
Mayor Suarez: I am afraid that may be true.
i`
Mr. Stanley: Everything in here has got a permit.
Mayor Suarez: All right. Anything further you would like us to do?
229 April 30, 1992
Mr. Stanley: Now let me tell you what else happened that night.
Mayor Suarez: All right.
Mr. Stanley: After they tightened up security, and I warned them, I told
them, I said, hey, your security needs tightening. They tightened up
security, I go back an hour later, there is a man in the bathroom bleeding
all over the place. Do I want to use a facility where I know I might be
contaminated with AIDS?
Mayor Suarez: What was this...
Mr. Stanley: And there's supposed to be three sets of paramedic teams there.
Mayor Suarez: What was his problem? Do you know?
Mr. Stanley: Somebody punched him in the face. Because there was no crowd
control, somebody bumped into this kid and he fell down the steps, and the
other kid turned around and punched him in the face, and busted his nose and
there was blood everywhere.
Mayor Suarez: We don't have any record of that incident?
Mr. Stanley: No, there isn't.
Mayor Suarez: Do we have any paramedic request?
Commissioner Plummer: No.
Mr. Katz: No, sir. We have a clean fire record for the event.
Commissioner Plummer: Sir, have you finished you story now?
Mr. Stanley: I can bring the person in that hit the guy.
Mayor Suarez: All right.
Commissioner Plummer: Have you finished your story now?
Mayor Suarez: OK.
Mr. Stanley: No, I haven't. No I am not.
Mayor Suarez: Let's hear from the Commissioner.
Commissioner Plummer: May I ask you a question? You kept indicating to my
aide that someone was going to get you. Who was going to get you?
Mr. Stanley: Pardon me.
Commissioner Plummer: You kept to referring to my aide when you were telling
her this story, that somebody was going to get you.
Mr. Stanley: Maybe she misunderstood me.
230 April 30, 1992
Commissioner Plummer: You didn't make that statement, sir?
Mr. Stanley: I don't think I did.
Commissioner Plummer: There was nobody that you thought was going to get you?
Mr. Stanley: Well, I was followed back to the car by three people.
Commissioner Plummer: Did you report that to the police?
Mr. Stanley: When I tried to call and report that to the police you know what
the police told me? Mrs. Osborne I have a letter here. I took names of the
people I called and talked to. You know where you connected me to? These
people. City garbage and waste. I have all your numbers here. I wrote
everything down. Every time I made a phone call. I was on the phone for
three days. Look at all these numbers he gave me. This is who you told me
all to call. I called everyone of these numbers. It took me a month and a
half to get to here, where I am at. And is that the way you see things? I
bought a ticket to an event and I am supposed to be treated like I was
garbage.
Commissioner Plummer: Mr. Mayor, I would suggest that if this gentleman has
any...
Mr. Stanley: You know, I mean, is that the way you operate?
Mayor Suarez: Wait, wait, wait now he's replying...
Mr. Stanley: You refer people to City garbage and waste?
Mayor Suarez: In the future, you are going to have a tough time with dealing
with anybody in City Government, if you never let anybody answer any of your
requests and demands. Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, my suggestion that this gentleman, if he has
any further story he wishes to portray, that he be referred to the Internal
Security Department of the Miami Police Department, whose capacity... they are
responsible for looking in to any impropriety that might involve a criminal
nature. If this man was followed and threatened it should be a police report
made, and I would strongly suggest that he contact Internal Security of the
Miami Police Department.
Mr. Stanley: Listen, the Police Department told me this. I talked to a Mrs.
Osborne when I tried to file my report. I tried to file a report, and Mrs.
Osborne put on her boss, and at that time the boss...
Mayor Suarez: Mr. Stanley...
Mr. Stanley: ...said to me, he told me, I can't take your police report. I
said why. I said, you know what, I seen something happening there that was
wrong. I want to report it. I want to file a report. He said, listen,
because there was no police there, you are not entitled to file a police
report. So, you know what I want. For every two thousand tickets that you
231 April 30, 1992
g
7
sell at your events I want one off duty police officer hired by that security
team to be there. If we have to put a police officer to separate men and
women from a bathroom then let's do it.
Mayor Suarez: All right. You made that point. All right Mr. Stanley.
Mr. Stanley: Let's put two police officers for every five thousand, and four
for every ten thousand tickets. That's not to much to ask for safety. You
wouldn't want your daughter being shoved into a bathroom and fondled and
coming back.
Mayor Suarez: All right.
Mr. Stanley: I took somebody's friend of mine's wife, [sic] to that concert
and if something would have happened to that lady, how would I felt for the
rest of my life? That lady would have been raped or molested or anything,...
Mayor Suarez: Right.
Mr. Stanley ...and I wouldn't want my children to do that. Where I come from
when the promoters did that stuff, they cancelled all outdoor events for five
years. It hurt the promoters. It hurt the City. It hurt the people. It
hurt everybody. Is that what I have to do? Shut your laser show down? If I
see this go on one more time, I am going to file a lawsuit against the whole
City, and you won't have no more outdoor events. We'll stop your Coconut
Grove Bed Race and we'll stop your Goom [sic] Festival, and I'll stop it all,
because if you can't control a simple little concert, then you shouldn't be
throwing your concerts in this City.
Mayor Suarez: All right, sir. There's a young lady out there whose name is
Debbie Ambey. I am going to ask my chief aide to take you and I would like
you to...
Mr. Stanley: And here's your letter from Mr. Katz.
Mayor Suarez: Oh no, your not interested in listening.
Mr. Stanley: He said he was going to do something.
Mayor Suarez: In which case were not going to be able to help you. She's out
there. She's a former police officer, and I would like you to complete any
other observations that you have and, otherwise, since you tried every other
phone number in the City, maybe you haven't tried my particular office's
number, and this particular young lady, assistant of mine, and I think she
could be very very helpful in making sure that, in the future,...
Mr. Stanley: I am not trying to give anybody a hard time.
1;.
Mayor Suarez: No, no... I know.
' Mr. Stanley: I just want to protect our future citizens and our people from
getting hurt.
232 April 30, 1992
i
Mayor Suarez: Right there, she will get further information and, otherwise,
help you to link up, because you apparently have had a tough time with the
City Department's et cetera. And maybe we'll try to cut through the red tape
for you. All right.
Mr. Stanley: I just want a police officer for every two thousand tickets.
Mayor Suarez: OK. And give her those parameters. Maybe you would be
satisfied if you heard her answer.
Mr. Gonzalez-Goenaga: And what do you recommend to me?
Mayor Suarez: Have a seat, sir, have a seat.
22. GRANT REQUEST BY GALLERY BOLAE FOR CLOSURE OF DESIGNATED STREETS
CONCERNING A BLOCK PARTY IN THE MIAMI DESIGN DISTRICT.
Mayor Suarez: Item 13.
Vice Mayor Alonso: I move that we approve the street closures.
Mayor Suarez: Moved and seconded. There's no monetary implication?
Mr. Erik Baros: There's also a little bit more. There was a mistake made in
the typing here.
Mayor Suarez: But no...
Mr. Baros: No money.
Mayor Suarez: No money.
Vice Mayor Alonso: OK.
Mr. Baros: We're not asking for any money.
Mayor Suarez: All right.
Mr. Baros: But what we...
Mayor Suarez: We like you.
Mr. Baros: ...what we are asking for is a waiver of all applicable City fees
related to the event according to City Codes.
Commissioner Plummer: That's money.
Mr. Baros: Yeah, no we're not asking you to give us any money. We're just
asking you to waive any taxes for the Miami Design District since it's been
such a...
233 April 30, 1992
Commissioner Plummer: Waive the taxes?
Mr. Baros: ...No, waive any City fees, solid waste, barriers that...
Vice Mayor Alonso: Oh, wait a minute.
Mr. Baros: I don't know. You caught me off guard. Let me read my thing and
then let me get to you.
Mayor Suarez: Bless you.
Vice Mayor Alonso: OK.
Mr. Baros: OK.
Mayor Suarez: Bless all of us.
Mr. Baros: I had good morning, Mr. Mayor, on here, but maybe I should change
that to good evening.
Vice Mayor Alonso: Late afternoon.
Mr. Baros: My name is Erik Baros, I own Distinctive Carpets in the Miami
Design District, I am the Vice President of the Association. We are putting
on a little block party on N.E. 40th Street. We're here to request a waiver
of all applicable City fees related to the event, City Codes. This is not a
festival, by the way, Commissioner Plummer, including street closure charges
according to City Works, offstreet parking fees, surcharges, permit fees,
administrative fees, Fire Department fees,...
Mayor Suarez: Mr. Gonzalez... wait a minute. Mr. Gonzalez-Goneaga, sir, if
you approach the mike one more time, please remove him, officer. Just have a
seat, sir. This is the last time. I've said that about three times today,
but this time I really mean it. I am sorry.
Mr. Baros: OK. Let me explain what we are doing. Spring Fest, 1n the Miami
Design District, was devised to bring significant public attention to the
rebirth and heartening growth of this once proud historic neighborhood, known
as Buena Vista. Public exposure is a major element in our overall plan to get
the district back on its feet, and to rebuild it into the tax base it was a
few years ago. If you all recall, most of the businesses moved from the Miami
Design District up to a City called Dania. To a building called The Design
Center of the Americas. You have now, in the Miami Design District, blocks
and blocks of empty buildings where you are not getting any taxes. We're
trying to do all... you know, we're trying to do anything we can to bring back
either, retail and the designers, and whatever we can do for the regrowth of
the area. And it is working. We have 75 businesses that have all chipped in
money to go toward this. It's going to be May 15th, from 3:00 to 8:00 PM.
It's not a Citywide festival. It's not a big deal but we need a little help.
' Vice Mayor Alonso: Well, we only have one problem, and I am with you 100
percent, and I think it's a great idea and I am willing to help, and that's
why I move for the street closure. We had no idea what else you were going to
234 April 30, 1992
c
ask. Now my question is. How much 1t will cost?
administration you have not met with them,...
We have no idea. The
Mr. Baros: It's very...
Vice Mayor Alonso: ...and as I see this...
Mr. Baros: We've met with the Police Department.
Vice Mayor Alonso: ...this is May 15th.
Mr. Baros: It's very small. Let me... ah, we're only talking the Fire
Department's fee is $50.00 for the permit. City street blocking charge could
be $500.00. The event's permit is $30.00. The valuable fee is eight...
Mayor Suarez: Is it all within the Design District?
Mr. Baros: It is.
Mayor Suarez: That's the kind of thing we should be...
Vice Mayor Alonso: How much are we...
Mayor Suarez: ... able to stage without any major expense.
Vice Mayor Alonso: How much are we talking about?
Unidentified Speaker: It looks to be less than $800.00 total.
Vice Mayor Alonso: Well, I think that we can...
Mayor Suarez: It's not worth the Commission's time.
Vice Mayor Alonso: ...waive. This is no problem whatsoever. OK.
Mayor Suarez: It's not worth the Commission's time.
Vice Mayor Alonso: So I move that we approve.
Mayor Suarez: So moved.
Vice Mayor Alonso: And it's something that the administration can work with
you and find a solution, if not, we don't have any problem with that. We can
waive the fee.
Mr. Frank Castaneda: You said waiver of any fees that are waiverable by
Code..
Vice Mayor Alonso: Yes, that's what they are asking.
Mayor Suarez: By Code.
j Vice Mayor Alonso: Waiver of fees.
235 April 30, 1992
Vice Mayor Alonso: Yes.
Mayor Suarez: So moved by...
Commissioner Plummer: Jingle bells,...
Mayor Suarez: Second.
Commissioner Plummer: ...jingle bells.
Mayor Suarez: I need to...
Vice Mayor Alonso: No, it has nothing to do with that. It has to do with
something in an area that has suffered a lot, and they are doing something
that, perhaps, we should be doing. Helping them to get new businesses in that
area. It means new taxes coming in to the City of Miami.
Commissioner Plummer: I think it's great.
Vice Mayor Alonso: And I think it's great.
Mayor Suarez: All right. So moved and seconded. Any discussion? If not,
please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-262
A RESOLUTION RELATED TO THE DESIGN DISTRICT BLOCK
PARTY TO BE CONDUCTED BY GALLERY BOLAE' ON FRIDAY, MAY
15, 1992; AUTHORIZING THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; WAIVING ALL
WAIVABLE CITY FEES RELATED TO SAID EVENT; CONDITIONED
UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF
CITY SERVICES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(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:
236 April 30, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
23. BRIEFLY CLARIFY AND WITHDRAWN SCHEDULED APPEARANCE BY RINGO CAYARD OF
THE HAITIAN AMERICAN FOUNDATION, INC. TO REQUEST CONVERSION OF A PRIOR
CITY LOAN TO A GRANT.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Unidentified Speaker: Thank you.
Mayor Suarez: Go and sin no more.
Commissioner Plummer: I haven't seen Ringo.
Vice Mayor Alonso: No he's not here. This item has been withdrawn...
Mayor Suarez: Withdrawn.
Vice Mayor Alonso: ...and I want one clarification for the record. My
request was to discuss issues concerning the Haitian Community, and not to
change from a loan to a grant. That was not my intention at all.
24. APPROVE AND SUPPORT STATE OF FLORIDA GAME AND FRESH WATER FISH
COMMISSION'S REQUEST TO RENAME THE VIRGINIA KEY CRITICAL WILDLIFE AREA
AS: THE BILL SADOWSKI CRITICAL WILDLIFE AREA, IN HONOR OF WILLIAM
SADOWSKI FOR HIS CONTRIBUTION TO THE ENVIRONMENTAL PROTECTION FIELD.
------------------------------------------------------------------------------
Mayor Suarez: Item 15. Mr. Hedgepeth.
Commissioner Plummer: Mr. Mayor, I received a letter from the gentleman who
is going to go up there and speak about the...
Mayor Suarez: No, no, no. You got to say his name.
Mr. Winton Hedgepeth: He doesn't know my name.
Commissioner Plummer: I can't remember his name if I had to.
237 April 30, 1992
Mayor Suarez: Winton Hedgepeth.
Commissioner Plumper: That's the way, exactly...
Mayor Suarez: Did I get it right?
Vice Mayor Alonso: You practice all night.
Commissioner Plummer: Exactly the gentleman that talked to me.
Mayor Suarez: I've been practicing all day for this.
Mr. Hedgepeth: You got it.
Mayor Suarez: I got a little help from the City Attorney and I've got...
Commissioner Plummer: And 1f they can if they can...
Mayor Suarez: Should run for office.
Commissioner Plummer: ...what I think we need to do is to turn it over to the
Administration to designate an area, that is accessible, in which we can
dedicate to a gentleman who did a tremendous lot for this community, for the
State, and, of course, we were all shocked at his untimely passing. So, what
I would do, Mr. Mayor, is make a motion, at this time, that we turn it over to
the Administration where an area can be designated. That is accessible, and
that, in fact, we do then set up a proper ceremony to dedicate this in the
honor of the former Secretary. So moved.
Vice Mayor Alonso: I second.
Mayor Suarez: Moved and second. I would respectfully suggest that the area
that they recommended is not a bad one. I mean, when you say it's not
accessible, I could tell you, I was out there the other day, in connection
with some filming we did for precisely that dedication of the wildlife refuge,
and people will talk about it as such, I mean, whether they are physically
there, they can see it...
Commissioner Plummer: Well, Mr. Mayor, if your going to put some kind of a
monument out there of any kind...
Mayor Suarez: Oh, I see what your saying. OK. As to a monument.
Commissioner Plummer: Then I think it should be where that monument, at
least, would be accessible so people would know where the area is, and some
short history of why there is that dedication.
Mayor Suarez: OK. However the Administration then handles that, but I
suppose you could even have a floating monument that would not be
environmentally unsound. You have any comments you would like to...
Mr. Hedgepeth: Could I comment? Winton Hedgepeth, Commissioner for State
Game and Fresh Water Fish Commission. Regarding accessibility, that's one of
the assets of this area, not being accessible. When you look out your window
238 April 30, 1992
in those Brickell condos, or in the office buildings, that's what your looking
over. On that west side of Virginia Key is 400 acres over there, and we don't
want people over there.
Mayor Suarez: I know but he means will people know, somehow, that that's in
memory of Bill Sadowski? Or will it be something you know and we know but the
rest of the world doesn't know.
Mr. Hedgepeth: Yes, they will. It's a matter of publicity and the more
publicity, the better. We don't want people... During our dedication
ceremony, for instance, immediately after the dedication ceremony we were
surveying the area with some other people. Two hydrofoils that were out
testing just came right through the area, you know. This area we only allow
people to enter, I think it's for a period of about six weeks of the year, you
can go within that area. Other than that Tropical Audubon sponsors nature
walks in the morning and 1n the evening, depending on the tide, where those
people in the public, that want to come out, can come out. I am sure other
groups could work with the City as far as access... you know as far as being
able to see this area.
Commissioner Dawkins: Dr. Hedgepeth did either one of those hydrofoils have
Stu Sorg on the side of it?
Mr. Hedgepeth: No, they didn't.
Commissioner Dawkins: OK. Thank you.
Mr. Hedgepeth: No, they didn't.
Mayor Suarez: A Virginia gentleman driving one of the...
Mr. Hedgepeth: But what do we take from the City in order for us to do this
because it would take a joint... as establishing this to both the State Game
and Fish Commission, the City is the property owner. We would need consent of
the family, which has been agreed to. We would need that resolution that I
hope each of your has seen. And then I would have to take it up to our
Commission Meeting, which is next week in Tallahassee, and I would see about
getting it on next week's meeting is this... if the property owner, the City
of Miami, does consent to that.
Mayor Suarez: OK.
Commissioner Plummer: There's no obligation as to restrictions of the use of
that property thereafter?
Mr. Hedgepeth: It's your property. Basically you've already made the...
Commissioner Plummer: But we lose no sense of control?
Mr. Hedgepeth: No. It's your control but I must warn you of something. I've
only been in this position since September, and since January, in other areas
of the State, I have seen two of these critical wildlife areas lost. The main
reason that they were lost... I know J.L., you might be able to tell me where
Manatee County is. We lost one in Manatee County and we lost...
239 April 30, 1992
i
Commissioner Plummer: Right outside Sarasota.
Mr. Hedgepeth: ...one in Sarasota, and it was due to exactly as your saying,
too much, too many humans entering the area and disturbing the bird
population. So the birds left. So we retracted the critical wildlife area
designation, because it was of no use. So we want to protect this area and by
adding Bill Sadowski's, you know, his values. He was very much into the
environment. He spent a lot of time out in this area, as a child. That's
what his family says. I think it would help and the people of this City seem
to want to do something. Not just this City but the State of Florida for
Bill, because he gave up a lot to go up to Tallahassee...
Commissioner Plumper: All right. Look, let's do it this way.
Mr. Hedgepeth: ...to take on a tough job.
Commissioner Plummer: Let's go ahead and send you to the Administration to
prepare the necessary resolution, fully understanding that it's of no
obligation nor restriction to the City of Miami, and that this Commission will
rely on the Administration to prepare such a resolution.
Mr. Hedgepeth: That resolution has already been prepared. I have it here in
my hand.
Mayor Suarez: You are really ahead of the game, aren't you.
Mr. Hedgepeth: I said I've covered all the bases. I didn't even bring
anybody with me. I came by myself.
Commissioner Plummer: I don't have a copy of...
Mr. Hedgepeth: As you said I didn't think it would be controversial.
Vice Mayor Alonso: Of course not.
Commissioner Plummer: Quinton, I don't have a copy of your resolution.
Mr. Hedgepeth: Get it from Jack Luft. Mine is kind of wrinkled. I've been
here since nine o'clock.
Commissioner Plummer: Well bring it here and let me read it and see if it's
acceptable. If it...
Mayor Suarez: It would be important that we redo the tape, if we have this
particular area so designated, to reflect that it's now in the name of Bill
Sadowski so that even though people won't necessarily visually be able to see
it, at least every time the tape is shown some place, and I think there are
segments of it still being shown on network television, and...
Mr. Hedgepeth: I haven't seen it but everybody else has.
Commissioner Plummer: There's nothing wrong with...
240 April 30, 1992
Mayor Suarez: A lot of people have seen it and... Well the next time, anyhow,
that they air it maybe we could get the TV stations to reair that spot as a
public service ad now with the...
Commissioner Plummer: Mr. Mayor, I find nothing wrong with this resolution.
Mayor Suarez: ...dedication of the name. All right.
Commissioner Plummer: "A resolution in support of renaming the Virginia Key
Critical Wildlife area to Bill Sadwoski Critical Wildlife area in honor of
William Sadwoski and the contributions he made to the environmental
preservation and the enhancement of greater Miami." I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-263
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
AND SUPPORTING THE STATE OF FLORIDA GAME AND FRESH
WATER FISH COMMISSION'S REQUEST TO RENAME THE VIRGINIA
KEY CRITICAL WILDLIFE AREA AS THE "BILL SADOWSKI
CRITICAL WILDLIFE AREA", IN HONOR OF WILLIAM SADOWSKI
AND THE CONTRIBUTIONS HE MADE TO THE ENVIRONMENTAL
PRESERVATION AND ENHANCEMENT OF GREATER MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: If anybody else moved it other than J. L., yes. If J.
L. moved it, no.
241 April 30, 1992
t
Commissioner Plummer: I want to tell my blue brother that he's fastly giving
me a superiority complex. I vote yes.
COMMENTS MADE AFTER ROLL CALL.
Mayor Suarez: Item 16, thank you. Doctor.
Mr. Hedgepeth: I am going to need my... a copy with the correct numbers.
Mayor Suarez: You might want to make a copy. It seems to be the only one
that anyone has
Commissioner Plummer: Oh, no. That will cost you.
------------------------------------------------------------------------------
25. (A)
FIRST READING ORDINANCE: AMEND CODE SECTIONS 14-26 AND 14-27
(DOWNTOWN DEVELOPMENT AUTHORITY BOARD) -- PROVIDE THAT ANY ONE
MEMBER OF CITY COMMISSION SHALL SERVE AS CHAIRPERSON OF THE
BOARD.
(B)
APPOINT COMMISSIONER DE YURRE TO BE CHAIRMAN OF DDA EFFECTIVE
UPON SECOND READING OF THE ABOVE ORDINANCE AMENDING CODE
SECTIONS 14-26 AND 14-27.
(C)
SCHEDULE FOR NEXT COMMISSION MEETING CONSIDERATION OF A
PROPOSED REFERENDUM TO CHANGE THE CONSTITUTION OF THE OFF-
STREET PARKING BOARD TO INCORPORATE THAT A COMMISSIONER SHALL
SERVE AS CHAIRPERSON.
------------------------------------------------------------------------------
Mayor Suarez: Boards, Committees and Authorities.
Commissioner Plummer: Sixteen.
Commissioner De Yurre: Mr. Mayor, are we supposed to be dividing or
reappointing today? Is that what this item is all about?
Mayor Suarez: I presume so.
Commissioner De Yurre: OK.
Commissioner Plummer: This is called J.L.'s relief act.
Commissioner De Yurre: Presently...
Mayor Suarez: I once again make available for any takers the Downtown
Development Authority. I do need... if anyone is inclined to be interested in
that I do need the City Attorney's explanation of how that would be
accomplished.
Vice Mayor Alonso: You can't. That's tenure.
_ Commissioner De Yurre: Mr. Mayor, I am... I find myself bored, boardless, so
I would certainly entertain taking over the DDA if it's legal, and if I have
242 April 30, 1992
I
support of this Commission. Mr. City Attorney do we have to create any
ordinance, or anything in particular to accomplish this?
Mayor Suarez: To have a Commissioner, other than the Mayor, serve as chairman
of Downtown Development Authority?
Mr. A. Quinn Jones: As the ordinance is presently codified, it provides that
the Mayor shall be the chairman and, of course, it doesn't make any other
provision for other Commissioners, or designee of the Mayor. So what you
would have to do would be to amend the particular code provision to provide
that it be other than the Mayor.
Commissioner De Yurre: Would an ordinance reading such as "An ordinance
amending Section 1426 of the Code of the City of Miami, Florida, as amended,
concerning the Downtown Development Authority Board, by providing that one
member of the City Commission shall serve as chairperson of the board, and the
twenty-ninth member containing a repealer provision and a serverability
clause". Is that close enough?
Mr. Jones: That's close enough.
Commissioner De Yurre: I would so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second.
Commissioner Plummer: Question.
Mayor Suarez: Yes.
Commissioner Plummer: In that terminology, that which bothers me, if we
understand that, basically, it's an elected official of the City of Miami can
serve as the chairman. I am concerned about the fact that if the elected
official relinquishes that chair...
Commissioner De Yurre: It would be like he's absent that day from the meeting
or something like that.
Commissioner Plummer: But does that chair then reassign to another elected
official? That's my area. I don't read it that way, and I think as much as
the problems I have with DOA, I would be more concerned if there was not an
elected official as chairman of that group.
Mayor Suarez: I think the intent is to have a member of this Commission as
the ex-officio chairman of the Downtown Development Authority.
Commissioner Plummer: At all times.
Mayor Suarez: Right. That's the intent and we should make sure that the
ordinance reflects that.
243
April 30, 1992
0
Commissioner Plummer: And I would hope that the ordinance would definitely
reflect that, and then I can easily vote for it.
Commissioner De Yurre: Well that, that could very well be put in.
Mr. Jones: Could be. Will be.
Commissioner De Yurre: OK.
Mayor Suarez: We have a motion and a second on that. Call the roll.
Commissioner Plummer: Mr. Mayor,...
Mayor Suarez: It's not in the form of an ordinance to be voted on just yet is
it?
Commissioner Plummer: ...under discussion I would hope that at the next
meeting, not the 7th because that's a special meeting, but on the 14th, Mr.
George Knox has opened his big mouth again. where is he? Mr. Knox has opened
his big mouth again about the State rules Downtown Authority as independent,
and I think we need to have a little vocal joshing with Mr. Knox about his
interpretation.
Mayor Suarez: Yeah. And actually, you know, that interpretation was really
not sought in connection with the relationship of the DDA to this Commission,
I don't think, as much as the whole issue, whether it's a dependent or
independent taxing district. I think they made a lot more of that opinion
than what it really means, so maybe we should have him here.
Commissioner Plummer: Well, I think that refers to budget. It doesn't refer
to the members of the board, which we can replace overnight.
Mayor Suarez: Yeah. And we don't want, wouldn't want to get in to a match
with them.
Mr. Jones: Procedurally, Mr. Mayor, let me read... this is first reading.
Let me read...
Mayor Suarez: Thank you. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 14-26 AND 14-27 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CONCERNING THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD,
BY PROVIDING THAT ONE (1) MEMBER OF THE CITY
COMMISSION SHALL SERVE AS CHAIRPERSON OF THE BOARD AND
THE TWENTY-NINTH (29) MEMBER; FURTHER BY DELETING THE
PROVISION WHICH ALLOWS THE MAYOR TO RELINQUISH THE
POSITION OF CHAIRMAN; FURTHER PROVIDING THAT ANY
MEMBER OF THE CITY COMMISSION SHALL BE ELIGIBLE FOR
APPOINTMENT TO THE BOARD; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
244 April 30, 1992
J
s
Was introduced by Commissioner DeYurre and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS DURING THE ROLL CALL:
Commissioner Plummer: For the record, Mr. Mayor, are there copies made
available to the public? I think that's one of the criteria that we have to
establish. Mr. Manager?
Commissioner De Yurre: There's one right here.
Commissioner Plummer: Of the ordinance that is presently being voted on. Are
copies made available to the public? Thank you, sir.
COMMENTS MADE AFTER THE ROLL CALL:
Commissioner Dawkins: Do I take the chairmanship of the Sports Authority on
June 1?
Commissioner De Yurre: June 1.
Mayor Suarez: OK.
Commissioner Dawkins: And you take your June 1.
Commissioner De Yurre: June 1.
Mayor Suarez: Commissioners, I've...
Commissioner De Yurre: Now we've got to go into the appointment thing,
because that was just the ordinance.
Mayor Suarez: OK..I entertain a motion on the appointment of the
Commissioner. Well, you ought to wait for the ordinance to be law.
Commissioner De Yurre: Effective second reading.
Mayor Suarez: That's fine.
Commissioner Dawkins: We'll have an emergency reading now.
245 April 30, 1992
Commissioner De Yurre: Well you want to an emergency reading?
Commissioner Plummer: I don't know. I ain't asking no questions.
Commissioner De Yurre: Can we have an emergency reading on this? _
Vice Mayor Alonso: Mr. Mayor,...
Mr. Jones: Can you have an emergency reading?
Mayor Suarez: What's the emergency?
Vice Mayor Alonso: What's the emergency for this?
Commissioner Plummer: What justifies the emergency?
Mr. Jones: All right. I would have problems with defining emergency.
Mayor Suarez: Justifying the emergency.
Vice Mayor Alonso: Yes.
Mayor Suarez: Make the motion if you want of the appointment to become
effective when the ordinance becomes effective.
Commissioner De Yurre: So moved. I'll second.
Mayor Suarez: So moved.
Commissioner Plummer: Wait, wait what was moved and seconded?
Commissioner De Yurre: For me to take over...
Mayor Suarez: So moved he said.
Mayor Suarez: I'll second.
Commissioner Plummer: You moved and you seconded and you are the new
chairman.
Mayor Suarez: This is too many. This is too many... too great an
opportunity.
k Mr. Jones: Understanding that it won't become effective for thirty days until
after the second reading.
Mayor Suarez: Yes. That will be long enough for me to get all the phone
calls. I'll second.
Commissioner Plummer: Start the fax machines.
Vice Mayor Alonso: OK. Any further comments? Call the roll please.
246 April 30, 1992
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-264
A RESOLUTION APPOINTING COMMISSIONER VICTOR H. DE
YURRE CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT
AUTHORITY, COMMENCING ON JUNE 13, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS AFTER THE ROLL CALL:
Mayor Suarez: Commissioners, I've got an idea since I know that Commissioner
to my left is not serving as chairman of a authority or board. We've tried
this many times, once unsuccessfully, we've talked about doing it many times,
have not been able to do it. I would propose to you, if you would consider
it, for the next Commission Agenda. A consideration that the Offstreet
Parking Authority be, by referendum, changed to incorporate a Commissioner as
a chairperson of that authority.
Commissioner Dawkins: Second such a motion.
Mayor Suarez: So moved.
Commissioner Plummer: You are saying that it would be a referendum...
Mayor Suarez: As soon as we can get it on the ballot and as soon as we can
explain to the voters the importance of having a member of this Commission to
serve as chairman of that authority, that we get it on the ballot.
-F, Vice Mayor Alonso: Any further comments?
Commissioner Dawkins: Yes. And, Mr. Mayor, I think that we, the Commission,
need to explain to the public fully what it is because we lost the last time
because we did not take the time, in my opinion, to explain to the public what
was at stake.
Vice Mayor Alonso: No, no. Let me refresh your mind. The reason we lost is
because it did not get to the voters because the Offstreet Parking Authority
247 April 30, 1992
went to court and complained about the language used, and it was taken out of
the ballot. It never went to the voters. That's the action I was very upset
by their actions...
Mayor Suarez: I know they opposed it...
Vice Mayor Alonso: ...I...
Mayor Suarez: ... but I thought that it...
Vice Mayor Alonso: Oh, yes.
Mayor Suarez: ...finally was on the ballot. I know...
Vice Mayor Alonso: No, it was not.
Mayor Suarez: ...that they tried a legal manuever.
Vice Mayor Alonso: Yes they did and won.
Mayor Suarez: Would you get all the documentation for us to make sure
whatever was done the last time does not happen again, and that we figure out
a way to get it on the ballot...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ...with all of our input.
Mr. A. Quinn Jones, III, Esq.: Referendum?
Mayor Suarez: Yes.
Vice Mayor Alonso: I beg your pardon.
Mr. Jones: On the last referendum.
Mayor Suarez: Yes, please so we know to avoid whatever pitfalls.
Vice Mayor Alonso: It never went to elections because we were stopped in
court.
Mayor Suarez: I could have sworn that there was a vote on the expansion to it
members and that the vote was negative, but maybe I am wrong.
Commissioner Plummer: No, there was a court action.
Mayor Suarez: Maybe there was both. Maybe there was a nonbinding vote
because by that time it had been invalidated by the court. And we've got to
fight fire with fire on that folks.
Commissioner Dawkins: That's right.
Vice Mayor Alonso: So call the roll please.
248 April 30, 1992
r
a�
11
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 92-265
A MOTION SCHEDULING FOR THE NEXT COMMISSION AGENDA
CONSIDERATION OF A PROPOSED REFERENDUM QUESTION IN
CONNECTION WITH WHETHER THE OFF-STREET PARKING BOARD
SHALL BE CHANGED TO ALLOW A COMMISSIONER TO CHAIR SAID
BOARD.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Any other boards and authorities?
Commissioner Plummer: Well that's what I... where there any other changes?
Vice Mayor Alonso: No the rest let's...
Commissioner De Yurre: No, everything remains as is.
Vice Mayor Alonso: Yes.
Mayor Suarez: No, the... We want to make sure that for the next 15 years the
Bayfront Park Management...
Commissioner Dawkins: So moved.
Vice Mayor Alonso: For life. I second.
Commissioner Plummer: What about the International Trade Board?
Commissioner Dawkins: You can have that one.
Vice Mayor Alonso: For life. I second it.
Mayor Suarez: You have it.
Commissioner Plummer: What about Sister City?
Commissioner Dawkins: You can have that to?
Vice Mayor Alonso: That goes together.
249 April 30, 1992
A
Mayor Suarez: That goes together. That's a good way to justify it. All
right. Do we need a formal vote on that?
Commissioner Plummer: No, no, no.
Mayor Suarez: Item PZ-4.
Commissioner Plummer: Victor I want to remind you now that you are Chairman
of the DDA (Downtown Development Authority) that you shall help me to destroy
said board. Mr. Mayor, can we take a 10 minute break? We've been at this now
for 5 hours since lunch. Can we take about a 10 minute break?
Mayor Suarez: Yes, we'll take a 10 minute break, at your request, Commission
Dawkins.
Commissioner Dawkins: J. L. Plummer has sodas in his office for anybody who
wants one.
THEREUPON, THE COMMISSION WENT ON A BRIEF RECESS AT
7:12 P.M. AND RECONVENED AT 7:23 P.M., WITH ALL
MEMBERS PRESENT EXCEPT COMMISSIONERS DAWKINS AND DE
YURRE.
------------------------------------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
-----------------------------------------------------•-------------------------------------------------------------------------------
-
26. DISCUSS AND REFER BACK TO PLANNING ADVISORY BOARD PROPOSED RESOLUTION TO
AMEND A DEVELOPMENT OF REGIONAL IMPACT (DRI) AND MAJOR USE SPECIAL
PERMIT (MUSP) AT 845-999 BRICKELL AVENUE (Owner / Applicant: Equitable
Life Assurance Society).
Mayor Suarez: We're a little concerned about the former City Attorney and
political gadfly and insider par excellence, Mr. Albo, but those of you who
have been waiting all day we. would like to get through this agenda fairly
quickly. PZ-4.
Mr. Guillermo Olmedillo: PZ-4, Mr. Mayor, we're requesting that this be
remandated back to the Planning Advisory Board. The State required two
additional conditions which were not advertised for this particular meeting so
we would like to take it back to PAB (Planning Advisory Board).
Mayor Suarez: Does the, ah,... Is there anyone that wishes to be heard...
Commissioner Plummer: Wait a minute...
250 April 30, 1992
Mayor Suarez: ...in opposition to that...
Commissioner Plummer: What's happening here?
Mayor Suarez: ...referral back to the planning board?
Vice Mayor Alonso: PZ-4?
Mayor Suarez: Yes.
_ Mr. Olmedillo: This is a resolution to amend a DRI, Development order for a
Development of Regional Impact. In addition to the application that the
particular applicant had introduced in the City there were two conditions, two
additional conditions, imposed by the State. Then since those conditions were
not contained in the application that is before you today, we're asking you to
send it back to PAB (Planning Advisory Board) so that all the three items can
be taken together and eventually coming back to this Commission.
Commissioner Plummer: But is this the place where we make the applicant aware
that when this was granted - what, four years ago. How long? Two and a half
years ago.
Mrs. Lucia Dougherty: Originally in 1985 and then an extension two years ago.
Commissioner Plummer: When was the last granting of the extension?
Mrs. Dougherty: Two years ago.
Commissioner Plummer: Two years ago, that things have changed radically, that
impact fees have gone up tremendously and the traffic in the area is now much
more expansive. Is this where we make the applicant aware that... be fully
aware that you are not going to have just a rubber stamp? Or do they do that
at the lower board and we beat them with a stick when they get back here. You
know, where ever it's got to be done, it's got to be done - but where do we do
it?
Mr. Olmedillo: I believe it will be before this Commission.
Vice Mayor Alonso: Yes.
Commissioner Plummer: When it comes back...
Mr. Olmedillo: Yes, sir.
Commissioner Plummer: ...or now.
Mr. Olmedillo: Yes, sir I would say...
Mr. Sergio Rodriguez: I think you are already doing it.
Commissioner Plummer: You think they might become aware.
Mr. Rodriguez: You are making them aware of the possible problem.
251 April 30, 1992
- --- ------ - -- - - - -
Commissioner Plummer: OK. That's fine.
Mayor Suarez: All right. o
Commissioner Plummer: Mr. Mayor, I move...
Mayor Suarez: So moved.
Commissioner Plummer: ...that we send this back to the Zoning Board...
Mr. Rodriguez: Planning Board.
Commissioner Plummer: ...for higher, bigger, better fees.
Mayor Suarez: To the Planning Advisory Board...
Mr. Rodriguez: Planning Advisory Board.
Mayor Suarez: ...so moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-266
A MOTION TO REFER TO THE PLANNING ADVISORY BOARD
AGENDA ITEM PZ-4 (PROPOSED RESOLUTION TO AMEND A DRI
(DEVELOPMENT OF REGIONAL IMPACT) AND MUSP (MAJOR USE
SPECIAL PERMIT) DEVELOPMENT ORDER AT APPROXIMATELY
845-999 BRICKELL AVENUE FOR AN EXTENSION OF TIME FOR
BUILD -OUT OF THE SECOND PHASE OF THE PROJECT).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Excuse me, for the record who is representing this,
client?
252 April 30, 1992
�a •
Mrs. Dougherty: Lucia Dougherty, with law offices at 1221 Brickell Avenue. I
got the hint.
Commissioner Plummer: And that's the only way you can collect your fee? I
vote yes.
------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 4370-4650 N.W. 7 STREET (SOUTH SIDE ONLY)
FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE (Applicant:
Planning, Building & Zoning Dept.)
------------------------------------------------------------------------------
Mayor Suarez: Yes. PZ-5.
Mr. Olmedillo: PZ-5 and PZ-6 are companion items. This is for property
located between 43rd and 46th avenue.
Commissioner Plummer: Is there anyone here in opposition? It's a second
reading.
Vice Mayor Alonso: I so move.
Mayor Suarez: Let the record reflect that no one stepped forward.
Commissioner Plummer: You moved it?
Vice Mayor Alonso: Yes.
Commissioner Plummer: I second it.
Mayor Suarez: Seconded. Read the ordinance please. Call the roll please.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 4370-4650 NORTHWEST
7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND
USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM -
DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE; BY MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF
THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 24, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
253 April 30, 1992
■
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
-�' ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10971.
The City Attorney read the ordinance into the public record and
Ji announced that copies were available to the members of the City Commission and
to the public.
Commissioner Plummer: Who is the applicant on that? That is...
Mr. 0lmedillo: That was the City. Originally there was an applicant and
then...
-------------------------------------------------------------------------------
28. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
4370-4650 N.W. 7 STREET (SOUTH SIDE ONLY) FROM R-3 MULTI -FAMILY MEDIUM
DENSITY RESIDENTIAL TO 0-OFFICE (Applicant: Planning, Building & Zoning
Dept.)
-------------------------------------------------------------------------------
Commissioner Plummer: That's right. And since item 6 is companion.
Vice Mayor Alonso: Companion items.
Commissioner Plummer: I move it.
Vice Mayor Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not please read the
ordinance.
Commissioner Plummer: Let the record reflect that no one has stepped forward
to speak on, on... - You want to speak on the issue?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Thirty days from today.
Mayor Suarez: OK. We'll tell you that. But,...
Vice Mayor Alonso: Thirty days.
Mr. Rodriguez: Forty-five days.
254 April 30, 1992
I
e
Mayor Suarez: ...rather than take your input in the record, requires us to
swear you in, we'll just assume that the question poped into our minds and the
staff is going to answer.
Ms. Linda Kearson: Forty-five days.
Commissioner Plummer: I stand corrected. It's 45 days, sir, from today.
Mr. Rodriguez: Forty-five days for item number...
Commissioner Plummer: Five and six.
Mr. Rodriguez: Five and six because one of them is a comprehensive plan
amendment and we have to allow the time.
Mayor Suarez: OK. As to PZ-6, we have a motion and second. Any discussion.
If not, please call the roll.
Commissioner Plummer: Read the ordinance.
Mayor Suarez: Call the roll please.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 4370-4650 NORTHWEST 7TH STREET, (SOUTH
SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN), FROM R-3 MEDIUM -DENSITY MULTI-
FAMILY RESIDENTIAL TO 0-OFFICE; BY MAKING FINDINGS;
BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 32 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 24, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10972.
255
April 30, 1992
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 2947-2949 S.W. 22 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL (Owner / Applicant: Luis & Raul
Galindo).
--------------------------------------------------------------
Commissioner Plummer: I move item 7.
Mayor Suarez: PZ-7 has been moved.
Commissioner Plummer: Second reading.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Second reading. Does anyone wish to be heard
against this item? Let the record reflect that no one stepped forward.
Commissioner Plummer: Hold on. Wait a minute.
Mr. Olmedillo: Point of clarification...
Vice Mayor Alonso: Oh, it's the problem with the title.
Mr. Olmedillo: On 8, which is the companion item.
Commissioner Plummer: Did you wish to speak on the issue?
Mayor Suarez: OK. Swear in any of the...
4 Commissioner Plummer: I thought we got the matter resolved with you folks
before.
Vice Mayor Alonso: I thought so too.
Mayor Suarez: OK. Why don't we swear him in just in case we need to clarify
that everything is a per your wishes. Please raise you right hand.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: You want any clarifications or statements you would like to
make.
Mr. John Gregalot: The application is with this gentleman, I speak in
opposition.
Mayor Suarez: OK. You are still in opposition regarding...
256 April 30, 1992
Commissioner Plummer: I thought whatever your concern was, sir, we got that
straightened out.
Mr. Gregalot: OK. No, sir. Let me raise a point of order to start with.
Mayor Suarez: Yeah, and the first point of order is to put your name on the
records so we can transcribe it properly.
Mr. Gregalot: OK. My name John Gregalot, 2962 S.W. 22nd Terrace, which is
directly across the street from the property in question. Now, the point of
order I raise is I read here that the committee, the Commission has approved
on first reading an approval and maybe I don't hear too well, maybe it's the
acoustics, or maybe it's the lack of parliamentary procedure, however, I won't
go in to any more criticism, but I did not understand that there was an
approval to the request for this property. Secondly, I'll at the point of
order I'll raise a point of information. You cannot just approve a request
for change without specifying restrictions and conditions. Especially in a
residential property which is going to be used for who knows what. This
property is right now a duplex. It is being proposed to be used for
commercial. Is it going to be commercial? Is it going to be duplex? Is it
going to have egress, ingress to one street or both streets? I would like
this clarified. Exactly what did this Commission approve?
Commissioner Plummer: Wasn't there a covenant?
Mr. Al Cardenas: Yeah. If I may, for the record...
Vice Mayor Alonso: Yeah.
Commissioner Plummer: It was a covenant.
ti Mr. Cardenas: ...and quickly. My name is Al Cardenas, with offices at 201 S.
Biscayne Boulevard. I represent the applicant, and if you will recall, we had
proffered a voluntary covenant before the first reading which was very
i similar, if not identical, of covenants that we have proffered in four or five
previous rezoning of properties along side S.W. 22nd Terrace, with close
1 proximity to this property. When these neighbors came in and expressed their
concerns about it, after we had voluntarily proffered that covenant, this
board, if you will recall, heard from me make a number of voluntary proffers,
at that time, to go above and beyond that document that we have voluntarily
proffered prior to your first reading. And I remember, specifically,
Commissioner Plummer saying to me, "Well, Mr. Cardenas, we're going to vote
for approval of this to send it to DCA (Department of Community Affairs), but
by the time we go in for the second reading everything you voluntarily
proffered today, I better see it in writing before that time," and that
happened. On February 18th we filed and recorded a covenant. A copy of which
we presented to your City Attorney's Office, and to staff, including every
single item that was of concern to the neighborhood, and concern to you. If I
may take just thirty seconds for the gentleman's peace of mind, to tell you
what that covenant does, which is a legally binding document today running
with the land or affecting the property. It states the following, "that prior
to the issuance of any building permits"... If you remember we said that we
were going to build these walls and do the landscaping like in previous
257 April 30, 1992
a a
applications after we got the building permits. You and the Commission said
no. We want you to ease the minds of these concerned neighbors who are
skeptical about those proffers. Before we give you a building permit to do
anything you are going to obtain approval of the landscape plan, and that
landscape plan shall reflect a twenty foot wide landscaping buffer along the
entire southern boundary of the property adjacent to, and along S.W. 22nd
Terrace. The buffer shall contain landscaping inclined towards an eight foot -
remember we discussed that. We had proffered six feet, and you all thought it
was a better idea if it was eight feet, and we did that toward an eight foot
high masonry wall, which owner shall construct at the northern boundary of the
buffer, as well as on the property line, at the eastern and western boundaries
of the property. The landscaping installed will be in conformance to
landscape plans. The owner shall be responsible for the permanent maintenance
of the landscaping. Maintenance shall include, but not limited to, removal of
any graffiti from the wall, and care of all landscaping. The owners further
agreed - and this is something else that you asked us to add on - that if it
becomes necessary for the City, at the City's discretion, to maintain said
wall and landscaping, due to the owners failure to do so, any reasonable
maintenance costs for an amount not to exceed five thousand dollars
($5,000.00) per year, shall be paid by the owners. Then you asked us to file
a performance bond of five thousand dollars ($5,000.00) to make sure that the
City could just get paid from the performance bond. We agreed to do that. We
proffered it. You also have asked that the construction of the wall and the
installation of the landscaping plan be completed within 90 days from the
final approval of the change of zoning classification. So not only have you
made us have to do this, which you hadn't in any previous application in this
area, prior to obtainment of the building permit, but you told us that we have
to do it within 90 days from today if you approve it today, which didn't
happen in any applications either, because I know the gentleman who was the
next door neighbor had professed quite a bit of skepticism about this ever
happening, and so we did that. We also agreed that there would be no ingress
and egress, vehicular ingress and egress, to this property from 22nd Terrace.
We said that explicitly although, obviously, we're building an eight foot
wall. It's physically impossible, but to also go above and beyond that we
agreed on that. We filed this document. Document has been reviewed by your
staff, and the Legal Department. They agree that it comports with those items
which we proffered voluntarily, orally, at the first reading. So I think
we've lived up to everything you have asked us to do and, as such, I
respectfully suggest that you approve on second reading, our request.
Mr. Gregalot: May I remark to that?
Mayor Suarez: Yes, sir.
Mr. Gregalot: This is all new to us. All of this may have been discussed
between Mr. Plummer and Mr. Cardenas and the Commission, fine. I don't
question that one bit.
Mayor Suarez: We just, we just call on the...
Vice Mayor Alonso: No, no it was part of the...
Commissioner Plummer: Sir, it was discussed right here in these chambers.
258
April 30, 1992
Mr. Gregalot: If it was discussed in these chambers it must have been back
and forth and around circles, sir, because...
Commissioner Plummer: Sir.
Mr. Gregalot: ...I was here for six meetings...
Commissioner Plummer: Sir, it was discussed and we have a full tape which the
Clerk can...
Mr. Gregalot: Well let me cut this...
Commissioner Plummer: ...what. Oh, here's the minutes here, sir, because I
remember you were here, and I remember your discussion and your concerns about
the wall, and that was addressed. Your concerns about the landscaping, and I
also remember your concerns about Radio Mambi, that they had put that thing up
there. That was all part of the discussion, sir.
Mr. Gregalot: OK. Let me cut this short then. I do not have any basic
objection to the proffer that has been presented. We were not aware, I don't
know of anyone here, in the neighborhood. I represent, basically, most people
there. They send me as a spokesman. Some of them are unable, physically, to
come and other reasons. I do not see any particular objection to the proffer
as presented this evening. The egress and ingress is the basic problem, and
it always has been, because 22nd Terrace is such a narrow street, and to park
trucks on 22nd Terrace to deliver for business on Coral Way, as you could see,
would be the problem. So that we don't just go round the robin here, I really
don't see any problem with the proffer as it is, and I would have appreciated
a written copy, or access to it somehow so I wouldn't have to come up here and
been so obvious.
Commissioner Plummer: How about we make sure you get a copy of it, sir, for
your records?
Mr. Gregalot: OK. That sounds fine. Would you see that I get a copy.
Commissioner Plummer: You got it.
Mayor Suarez: You got it.
Commissioner Plummer: Now, Mr. Cardenas, tell me what you are going to do for
the City.
Mr. Cardenas: We did the performance bond deal. The five thousand dollar
($5,000.00) bond.
Commissioner Plummer: And at the end of the performance bond what happens
with the five thousand dollars ($5,000.00)?
Mr. Cardenas: At the end of the five year period the money will be
contributed to one of many needy causes in this community as directed by City
staff.
259 April 30, 1992
Commissioner Plummer: Well, five years or whenever the project is completed
and approved by the City, whichever comes first.
Mr. Cardenas: Right.
Commissioner Plummer: That's what I thought you said. I think, Mr. Mayor...
I am sorry did you wish to speak, ma'am?
Mrs. Theresa Gregalot: Yes, I do.
Commissioner Plummer: All right.
Mayor Suarez: Please, go ahead.
Mrs. Gregalot: All right. I am Mrs. Theresa Gregalot, and I live at 2950
S.W. 22nd Terrace, and several things I wanted to bring up. First, we
received no notice of this meeting, and since the final decisions were being
made it would have been very nice for us to receive a notice.
Mayor Suarez: It could have been the fault of that newspaper that had the
wrong... omitted from having the notices that they were supposed to have
printed. You know the one.
Commissioner Plummer: The morning tabloid.
Mrs. Gregalot: Of course, you know the Herald is a very very big paper.
You'd need a lot of time to find these little sections.
Mayor Suarez: We call it "the palace of malaice by the bay."
Mrs. Gregalot: Oh, well that's appropriate.
Commissioner Plummer: I thought it was "the brothel by the bay."
Mrs. Gregalot: But I think it would be a good policy, especially, to send a
notice. All right.
Commissioner Plummer: That's what I heard.
Mrs. Gregalot: And then... I would also like a copy of all the promises that
are being made here because they are seldom...
Commissioner Plummer: Ma'am if Mr. Cardenas does not send you each and every
piece of paper copy...
Mrs. Gregalot: Absolutely.
Commissioner Plummer: ...that he has. I want you to assure him that we will
beat him and his elephants.
Mrs. Gregalot: Yeah. Because somethings changed. You probably, Mr.
Cardenas, aren't responsible, but to get back to Radio Mambi. This is in the
area a very big problem. Not a big problem area but a very big problem in the
City because it's going on for three decades. That means thirty years we've
f
been trying to find some kind of uniform zoning, or help for the neighborhood.
260 April 30, 1992
Commissioner Plummer: Mr. Cardenas, do I have your assurance, sir, that you
will provide this lady with copies of all the documents that she would like to
have?
Mr. Cardenas: We will. As a matter of fact, if...
Commissioner Dawkins: You will provide here with documents that you do have.
You cannot provide her with documents that you do not have.
Mrs. Gregalot: Yes.
Mr. Cardenas: That's correct.
Mrs. Gregalot: Great.
Mr. Cardenas: Thank you, sir.
Mrs. Gregalot: You had said Radio Mambi...
Mayor Suarez: It's been a long day. Al, don't worry about it.
Commissioner Plummer: Boy, I tell you he likes to go overboard with other
people's money.
Mrs. Gregalot: I know lawyers make good money. The longer they are on the
case the more they make.
Mayor Suarez: You are so right in the particular case.
Mrs. Gregalot: My son-in-law, yeah.
Mayor Suarez: I mean you can just tell by looking at him.
Commissioner Plummer: No, ma'am. He's not getting paid here, he's getting
paid in Cuban sandwiches.
Mrs. Gregalot: My son-in-law is an attorney and I said the only thing I
dislike about him, the only thing that I had against him, was the fact that he
was a lawyer.
Commissioner Plummer: Who, Al?
Mr. Cardenas: I will tell you all honestly...
Commissioner Plummer: I got a lot of things against him.
Mr. Cardenas: ...I was a lot happier when I was a lifeguard then I am as a
lawyer.
Mrs. Gregalot: I believe so. Yes, you have to stretch your morals a lot.
Commissioner Plummer: You want to add compound to that? He's a Republican
lawyer I mean what else... How low can you go?
261 April 30, 1992
Mrs. Gregalot: I agree with that too. I find that the Republicans,
especially the Yale men talk out of both sides of their mouth.
Mayor Suarez: The Yale men?
Mrs. Gregalot: Yeah, the Yale men and I take exception...
Mayor Suarez: Oh, I don't like them at all.
Mrs. Gregalot: Oh, I don't either.
Mayor Suarez: For once they're picking on Yaleys now...
Mrs. Gregalot: Yeah, yes.
Mayor Suarez: ...not Harvard. This is great.
Mrs. Gregalot: Yeah, they talk out of both sides of their mouths. And I have
to say one thing for the Harvard men. I take exception with that other man.
I am very interested in politics...
Mayor Suarez: They're all over the presidential race, those Yaleys, you know.
Mrs. Gergalot: We have more great leaders from Harvard than from any other
college.
Mayor Suarez: Thank you.
Commissioner Plummer: Oh, boy. What a commercial that was.
Mayor Suarez: Bless you. Bless you.
Mrs. Gregalot: I am in the process of reading all the biographies of all the
Presidents.
Mayor Suarez: How do you want me to vote on this?
Mr. Cardenas: That's unfair.
Commissioner Plummer: Is your maiden name Suarez?
Mr. Cardenas: Boy. Talk about a disarming argument.
Mrs. Gregalot: Now, let the little old lady speak. Thirty years we're going
through this thing with 22nd Terrace. That's three decades. It must be a
terribly big problem that we can't solve it. And yet, I think, it could be
solved in three hours if everybody could get together on something and follow
through. All right. The cancer in our neighborhood started in 1950. When
spot zoning started. One business got a special privilege, parking privilege,
and then they could expand, and then another, and another. But each one made
their profit. They moved on and they left a pig pen. And 22nd Terrace is a
series of pig pens up to 32nd Avenue. Oh, I have to take... There are two
exceptions. There is a radio station across... next to the Amerifirst Bank.
262 April 30, 1992
They did a beautiful job and I have to compliment them, and there is also
another building across from the Miracle Center, we call it the varicose veins
building, anyway...
Commissioner Plummer: My girlfriends kids call it the earthquake building
with the cracks in the side of it, "terremoto"
Mrs. Gregalot: We agree on that. Anyway, the building across the street did
a beautiful job there, and they maintain it, which is very important,
maintenance.
Commissioner Dawkins: You got to write down these grievances.
Mrs. Gregalot: All right. Now we're promised maintenance. This is one thing
we never get. Every week, every Wednesday before the trash truck comes, I go
across the street and pick up all of Radio Mambi's trash and garbage, because
I know 1t will eventually blow into my yard across the street, and I don't
like that pig pen look. My brother-in-law goes across the street and he mows
the grass, which they don't mow. He even planted plants there because they
pulled up what they had planted when they made their promises to you, and
planted in the front and on the side of their building and left nothing but
some stragly Florida cherries. So we are maintaining it. Is it a nice deal
for them? So I have to ask you, when they agree to all these things, who will
see that these things are done?
Commissioner Plummer: Ma'am.
Mrs. Gregalot: Who do we count on?
Vice Mayor Alonso: These gentlemen over here.
Commissioner Plummer: You will tell us very quickly if they don't, and then
we will send out the gendarmes.
Mrs. Gregalot: I'll tell you what. You try calling City Hall and by the time
you go through seven numbers, and then come back to the first person you spoke
to, you get kind of frustrated.
Commissioner Plummer: I agree.
Mrs. Gregalot: And they say they will come out, and they don't.
Commissioner Plummer: If Sergio Rodriguez tells you that, you come back and
you tell me.
Mr. Gregalot: Can we have your home phone number, Mr. Plummer?
Commissioner Plummer: Yes, sir. My home phone number is published. Anytime
you want, and if you don't remember my number, call the funeral home and we'll
take care of all of your problems.
Mrs. Gregalot: How about some of these businesses. These business owners.
Those who come in... I'll tell you. Would you like to live in an area that
was once a very very nice area. Next to the Gables but looks like a pig pen
263 April 30, 1992
next to it. Would you like to live there and see each time that a business
gets a special privilege, they return to the community and the residents of
that area, a pig pen? You wouldn't like that in your yard.
Commissioner Plummer: Ma'am let me just say.
Mrs. Gregalot: My house faces these buildings.
Commissioner Plummer: Let me bring out something to you that is something new
around City Hall. We have a thing, which I've never had a great deal of
respect for, called Code Enforcement. They now have a new arm which is the
same that they can go out and write a ticket like they do an automobile, for
violation of the law. I would suggest that you test them by the next time
there's a violation of the Code, you call and you register a complaint, and
they better come out, and they better address your complaint, and issue a
ticket of violation, if there's a violation. That's just like the ticket for
a car that doesn't obey the law.
Mrs. Gregalot: And if this doesn't happen, can I call you or see you?
Mayor Suarez: Yes.
Commissioner Plummer: Well, you can call me, ma'am, but I've been trying to
get rid of that damn board for two years and I haven't been very successful.
Mayor Suarez: And if you ever forget his phone number, just call...
Mrs. Gregalot: I'll call you.
Mayor Suarez: No, no, no, no, no, no. Just call P-L-U-M-M-E-R.
Commissioner Plummer: That's true.
Vice Mayor Alonso: He will answer.
Commissioner Plummer: That's true.
Mayor Suarez: Either that or your get a recording with his voice...
Mrs. Gregalot: If you don't answer, Mr. Plummer, I'll come to your office.
Mayor Suarez: ...which doesn't sound real good but...
Mrs. Gregalot: Your here in City Hall?
Commissioner Plummer: Yes, ma'am.
Vice Mayor Alonso: He will promptly return your call.
Mrs. Gregalto: Absolutely. All right.
Commissioner Plummer: You can always call Silly Hall.
Mrs. Gregalot: All right. Then I'll go along with whatever the others do.
264 April 30, 1992
Commissioner Plummer: Mr. Rodriguez, at the last time of this hearing, sir, I
asked you prepare, and I think that you did, the violations that these people
brought out that are existing between, as I recall, 32nd Avenue -is it? -and
37th Avenue. Are you prepared to give us an update of those violations that
you found, what the corrections have been?
Mr. Sergio Rodriguez: I believe that we sent a copy to you all of the...
Commissioner Plumper: Of the corrections.
Mr. Rodriguez:...violations and the actions.
Commissioner Plummer: I got a copy of the violations.
Mr. Rodriguez: And the actions that we took in each one of them.
Commissioner Plummer: All right. Would you follow and give this lady a copy
of that which was asked, for please.
Mr. Rodriguez: Are you Theresa Gregalot?
Mrs. Gregalot: Theresa Gregalot.
Mr. Rodriguez: Theresa... we have your address, yeah, we have that.
Commissioner Plummer: All right.
Mrs. Gregalot: And can you, Mr. Plummer, please clarify exactly what will
happen there. My concern is the same as John Gregalot's. Once they get this
variance or ordinance change, or zoning change, what can follow? What more
can they do if the property changes hands?
Commissioner Plummer: No, with a covenant, ma'am, all of the new owners are
bound by the covenant that exists.
Mrs. Gregalot: Uh - ha. Now, the restrictive commercial. What is allow in
restrictive commercial?
Commissioner Plummer: Oh, Sergio? You got to go to the book on that one,
ma'am. Just give her a few examples. Don't read them all.
Mr. Rodriguez: Right. In addition to all the uses in the office district you
are allowed also to have financial institutions, clinic studios, radio and
television broadcasting, private clubs and fraternities, residents hotels,
restaurants, tea rooms, cafes, retail establishments for the sale of groceries
and so on, both secondary public and private educational facilities, service
establishments, driving school agencies, printing incidental to a permit
principal use, theaters, auction galleries, parking lots, dancing in relation
to restaurants or tea rooms, retail establishments for the sale of
automobiles, bible study classes generally.
265 April 30, 1992
Mrs. Gregalot: That makes us losers all the way around. That means he can...
wait, wait...
Vice Mayor Alonso: For those that tell here that they don't have enough land
to do any of it.
Mr. Rodriguez: In this particular case, to give you a complete answer, 1n
this particular case the applicant has voluntarily agreed to limit the access
to 22nd Terrace, which is the concern that you have in the minutes that we
have in the meetings before, plus there will be a buffer of landscaping her
and a wall of eight feet tall surrounding the property on the south, facing
your property.
Mr. Cardenas: And the east, west.
Mrs. Gregalot: Landscaping high enough to hide...
Mr. Rodriguez: It's east, excuse me, east and the west and southeast, the
three areas of the property that is being zoned.
Mr. Gregalot: What will be on the south?
Mr. Rodriguez: You have a wall that is, I believe, eight foot high and you
have landscaping, twenty feet of landscaping.
Mrs. Gregalot: Twenty feet... dense landscaping high enough to conceal the
wall and the business activities?
Mr. Rodriguez: The landscaping has to be approved... and the landscaping plan
to be approved by the planning department and then we will make sure that we
have a good landscaping over there.
Mr. Gregalot: Let me just raise this one point. The reason I mentioned Mambi
before is that we went through this whole thing with Mambi and they, trying to
be a nice guy... do you mind if we just leave this fence here, we don't put up
the wall? I said I don't care. Leave the fence until you get around to the
wall. That's three or four years ago, isn't 1t. There's no wall. The
landscaping... yesterday I mowed their lawn. I put plants in it.
Commissioner Plummer: But, sir, sir we protected you by saying that they got
to do the wall...
Mr. Rodriguez: Within 90 days.
Commissioner Plummer:
Mr. Gregalot: Right.
...before they can take out any building permit.
Commissioner Plummer: So we addressed that problem that you brought to us...
our attention.
Mr. Gregalot: I am sure this will end up differently. I just wanted to point
out why we have this concern...
266 April 30, 1992
■
n
EJ
Commissioner Plummer: Sure.
Mr. Gregalot: ...and I presume we will follow it through so we don't have the
same problem, and talking about restrictions from there to 32nd.
Mr. Rodriguez: The language over here, sir...
Mr. Gregalot: I can make you a list.
Mr. Rodriguez: Yeah. The language says the construction of the wall and the
installation of the landscaping shall be completed within 90 days from the
final approval of the zoning classification. So from 90 days from today, if
this is approved today, you should have the wall and the landscaping.
Mr. Gregalot: No problem. Go ahead and vote.
Mayor Suarez: Thank you, John. Thank you. We just got leave to vote. We
have a motion and a second, do we, Madam City Clerk?
Commissioner Plummer: Yes, sir.
Vice Mayor Alonso: Yes.
Mayor Suarez: OK. Read the ordinance please. Cali the roll please.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIFVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE
DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of August 19, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
ail 267 April 30, 1992
!!!i
lF
�1
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10973.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
30. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
2947-2949 S.W. 22 TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL (Owner / Applicant: Luis & Raul Galindo).
Mayor Suarez: PZ-8.
Vice Mayor Alonso: Move.
Commissioner Plummer: Do I... I second it. Do I assume that the same
covenant applies on PZ-8 that was on 7?
Mr. Olmedillo: Well, actually, the covenant is for 8 which is the rezoning of
the property.
Commissioner Plummer: In other words 7 and 8... the covenant binds both 7 and
8 since they are companion?
Mr. Rodriguez: Right. They are together.
Commissioner Plummer: Fine.
Mayor Suarez: Moved. Second?
Commissioner Plummer: No second.
Vice Mayor Alonso: Yes.
Mayor Suarez: Read the ordinance, please. Call the roll.
April 30, 1992
Ll
L]
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
2947-49 SOUTHWEST 22NO TERRACE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 5, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10974.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
31. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
2340 S.W. 32 AVENUE, 3224-32 S.W. 23 STREET & 3217-21 S.W. 23 TERRACE
(VICTOR'S CAFE) FROM R-2 TWO-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT (Owner /
Applicant: Sonia Zaldivar).
Mayor Suarez: PZ-9.
Vice Mayor Alonso: Move it.
Mr. Oimedillo: PZ-9 is second reading.
Commissioner Plummer: Is there anybody here? - I'll seconded it. Is there
anybody here to speak in opposition?
269 April 30, 1992
11
Mayor Suarez: On PZ-9 let the record reflect that no one stepped forward. We
have a motion and a second, I believe. Read the ordinance.
Commissioner Plummer: How come Jesse McCrary wants to know why George Knox
gets all the easy ones?
Mayor Suarez: He knows the ones that are doable. Call the roll.
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO R-2
TWO FAMILY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER
OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT 2340
SOUTHWEST 32ND AVENUE, 3224 AND 3232 SOUTHWEST 23RD
STREET, 3217 AND 3219-3221 SOUTHWEST 23RD TERRACE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42
OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 12, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10975.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public
270 April 30, 1992
32. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 551 N.W. 72 STREET FROM GENERAL
COMMERCIAL TO INDUSTRIAL (Owner / Applicant: Howard Lichtman).
Mayor Suarez: PZ-10.
Mr. 0lmedillo: PZ-10 and 11 are companion items, Mr. Mayor, Commissioners,
this is for a property located at 551 N.W. 77nd Street. The changes are from
general commercial to industrial in the plan amendment and for the zoning
changes from liberal commercial to industrial. The Planning Advisory Board...
the motion for approval by the Planning Advisory Board failed. The Zoning
Board approved it on a 7 to 0 vote. Planning and Building and Zoning is
recommending approval to you, both items.
Commissioner Dawkins: I move it according to the administrations
recommendation.
Mayor Suarez: So moved. Is this being opposed? Is anyone, John? OK. Why
don't we swear in both sides and hear from both side. Do you have clients you
represent or are you "pro se"?
Jesse McCrary, Esq: Yes, sir.
Mayor Suarez: You are pretty sure they're clients, right. Would you stand up
and anyone, Jesse, on your side of the ledger. Oh, this is the famous matter.
No wonder you are still around since the morning.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ITEMS.
Mayor Suarez: We assume the Fletcher was sworn in at the same time,
although... There. OK. Who do we hear from? You gave them the whole
recommendation from the City.
Mr. 0lmedillo: We recommended approval, the department did, and the Zoning
Board recommended approval on a 7 to 0 vote, and the Planning Advisory Board
had a denial because the recommendation for approval failed.
Mr. Rodriguez: And the recommendation from the department is included in the
package that is an attachment to this which is part of the record.
Mayor Suarez: It's part of the record. Ok, counselor.
Mr. McCrary: My name is Jesse McCrary, with offices at 2800 Biscayne
Boulevard...
Mayor Suarez: You figured you had nothing else to say to add to what the
City's position is.
Mr. McCrary: Well, Mr. Mayor and members of the Commission, I yield.
271 April 30, 1992
Mayor Suarez: Counselor.
Mr. John Fletcher: Very well. My name is John Fletcher,...
Commissioner Plummer: May I inquire, please. I am concerned, Mr. Rodriguez,
are we really about the fact of this parcel being used for a towing service or
more so for storage? And is it one of the same?
Mr. Rodriguez: I think, in this particular case, in your action your decision
is based on the zoning itself because the particular use is not...
Commissioner Plummer: OK.
Mr. Rodriguez: ...necessarily the one that they will have in the future. So
when you make your decision on the reclassification, you shouldn't be
concerned what they may be proposing now, but what the ordinance would allow,
and we believe, in this particular case, that the use for industrial is
justified in this particular area.
Commissioner Plummer: OK. So, in other words, it's really not, I guess, the
concern of towing services as much as it is the storage which, I guess,
sometimes in any of them that I have seen almost are tantamount to a junkyard.
Mr. Rodriguez: From what I was told, by the staff before, one of the concerns
from the neighbors is the possible competition created by this particular
project, more than anything else and, I guess, I would be correct on the
record if that's not the case.
Commissioner Plummer: Well, that I am not speaking to because I heard the
same thing. Now, the question I am asking is, is the concern in reference to
a towing service...
Mr. Rodriguez: Right.
Commissioner Plummer: ...or that of a storage facility for towing.
Mr. Rodriguez: We, ourselves, don't have a concern...
Commissioner Plummer: Either way.
Mr. Rodriguez: ...that's why we recommend it. We believe that the property
and the uses in the area are compatible with the one we're recommending.
Commissioner Plummer: Ok.
Mr. Fletcher: John Fletcher, 7600 Red Road, South Miami is where my office is
located, and I represent a number of people who are concerned about this. My
first comment is that the first client I represent is Show Aide Convention
Contractors, Inc. They own property which is to the west of the subject
property and abutts the subject property. Now what they operate there is a
facility, which they just recently rebuilt, which is probably a model for the
area. They set up trade shows throughout the County. They are very concerned
because they, just having enhanced the quality of their facility, are
272 April 30, 1992
concerned that what is going to happen on this property will not be acceptable
to them in the form of a junkyard, or whatever else the industrial use
permits. Also, a second client I represent is Mr. Curtis Brodski. Mr.
Brodski owns the vacant property which is shown in red on the map there. Mr.
Brodski is also very concerned about the fact that here he is in a position
now with vacant land, that possibly he can do something with the property that
he owns in the near future, and what is going to happen will be a facility
coming in of an industrial nature, which will not be acceptable to what he
proposes. I also represent New Way Auto Service, which I am sure you are
familiar with. They have been in the area for about forty years and they have
recently put in several hundred thousand dollars in their facility, upgrading
their facility. Now these people are very concerned about what happens.
These are my clients. They're concerned about the change of the land use plan
as well as the zoning. Now, when I went down and I pulled the records to see
what else was in there 1 noticed there were other cards from other objectors,
as well as some people who signed cards waiving any opposition they may have,
but one of the principal objectors in writing is Mr. Keith O'Cross who's the
Executive Director of the George Washington Carver branch of the YMCA. As I
am sure you know, the YMCA is shown... if you can see where the C-2 area is
there, that's where the YMCA property is and it goes through from 71st to
72nd. His letter states, "The George Washington Carver branch of the YMCA is
located in the 400 block of 71st Street in the area being considered for
rezoning under ordinance 10544. Because the YMCA is a social growth facility
encompassing youth programs, child care, fitness programs and many other
community support programs I am opposed to the plan for rezoning the area
industrial. Residences and community based facilities should deter you from
such an unpopular decision." I don't know if this gentleman is here tonight
to speak, or whether he stands by the letter he wrote previously, but he has
said a very important thing to us. If you look to the north of the subject
property you can see the residential areas that are just across 72nd, in that
area there, which I understand are undergoing some improvement now, In
particular, the Victory Homes area. Also going through your file there is one
thing that you staff does, and I am surprised that your staff is recommending
approval. One thing you staff does is fill out a form call Analysis of
Proposed Zoning Change. That's looking forward to the ordinance. As you know
you have to make findings in your ordinance, or you do make particular
findings in your ordinance when you do rezoning. When I went through to see
what the staff's analysis was in relation to each one of those items. They
have a column yes, no, and NA, which I assume means not applicable, and they
put noes on the particular form, I hope I got the right form here, I'll have
to check it out. But I see that I agree with what they say. They say no, the
proposed change is in harmony with the established land use pattern. The
answer, no. The proposed change as related to adjacent and nearby districts.
The answer, no. There are changes or changing conditions...
Commissioner Plummer: Wait a minute. Whose document is this?
Mr. Fletcher: I pulled this from a file this morning. This is the staff's.
Commissioner Plummer: Is that the City's document?
Mr. Fletcher: I assume it is.
273 April 30, 1992
Mr. Olmedillo: That is right. That is part of the analysis that is done when
we're looking at any...
Commissioner Plummer: But this is your document?
Mr. Olmedillo: That is correct, sir.
Commissioner Plummer: And you recommended approval?
Mr. Olmedillo: That is correct, sir. We not only take this into
consideraton, we take other things into consideration...
Commissioner Plummer: Go ahead. Continue to read, if you would, please.
Mr. Olmedillo: There are changes or changing conditions that make the passage
of the proposed change necessary. The answer, no. The proposed change has
the same or similar impact on traffic, and does not affect public safety as
the existing classification. The answer is no. Finally, the proposed...
there are other in here that say yes, in all fairness. The proposed change
conveys the same treatment to the individual owner as to the owner within the
same classification and the immediate area, and furthers the protection of the
public welfare. The answer, no. And so when I read these I say to myself,
what is the overwhelming desire that the department must have to recommend
approval of this particular item?
Commissioner Plummer: Can I have a copy of that please?
Mr. Fletcher: You may have... of course you may.
Commissioner Plummer: It's in my packet?
Mr. Olmedillo: Item PZ-11 page 2, big 2.
Mr. Fletcher: As I say, I hope for the sake of presenting a clear picture to
you I have pulled from the file what is an item that correctly belongs in the
file. But it does appear to agree with what my understanding of the situation
is. So I turn to find out what could possibly be an overwhelming causation
for recommendation for approval and that led me to the statements of the
property owner, as to why he was seeking the rezoning. He states, "While the
present zoning allows for a number of similar uses, this owner is not
qualified nor equipped to engage in the type of enterprises allowed." I don't
know what that means but I gather that the owner feels that he does not have
the ability to carry out what the present zoning ordinance permits. But I
don't think that that's a criteria for granting a rezoning. As a matter of
fact, that wouldn't even be a criteria for a hardship for a variance. One of
{ our concerns is, of course, once you take this one piece of property and put
industria► on it, you have added a new category to the area. A category that
doesn't exist in there anywhere. I noticed that on some of the cards that
were in favor of this change... there are cards, you know, in the file where
people send them in and say they are in favor. Some of the cards there, I
think two or three of them, were signed by the same gentleman, who apparently
owns property in the area, saying he wants the area to go industrial. And so
I can see, obviously, what the next step is, if this is approved for
industrial, is that other owners of property who may feel that they want to
274 April 30, 1992
enhance their value at the expense of the character of the area, will be
seeking the industrial category. Now if I've made an mis-statement about the
form I apologize, but it was in this particular file when I pulled it this
morning.
Mr. McCrary: Mr. Mayor. Now, one, Mr. Mayor, let me address the YMCA. That
becomes a very sensitive question for everybody because of children. One of
the clients represented by Mr. Fletcher has a towing facility directly in
front of the YMCA. If you will notice the YMCA's address is 401 N.W. 71st
Street. The address of New Way Towing, the client of Mr. Fletcher, is 551
N.W. 71st Street, and I dare say that the YMCA has not objected to that, all
that time. Matter of fact they built it there knowing that New Way Towing was
always there. This property that we seek to have is at 551 N.W. 72nd Street,
which is more than a block away. There has been much talk here tonight about
what has been done to surrounding properties. We made a representation to you
this morning that more than one hundred thousand dollars ($100,000.00) has
been put into this property. We presented to the Planning Board and to the
Zoning Board what we call the before and after pictures that I am prepared to
pass to this Commission to show that this is not a junkyard. It's probably
the finest towing facility that you have. In fact, the towing of the cars,
much of the storage will be inside, as opposed to what you see normally, with
the conventional kind of towing service that we picture in our minds is
obviously a junkyard. This is not a junkyard. Lastly, I think that the
Planning Board heard, the Zoning Board heard, your own staff recommended to
you what should be done. Now, if you look at the present use of the property
_ and take a physical look, and not depend on what the paper says, but what is
happening in the property right now. This facility is an improvement to it
because if you ride around... ride down the street there's automobile repair,
heavy duty equipment, automobiles all out on the street. We have a six foot
wall already there that would be required by towing so that there's,
obviously,... if there is outside towing there is no visual contact between
the eye and the automobile. That's it, sir.
Mayor Suarez: I am so used to attorney's having a rousing finish. When Jesse
kind of just sort of ends it.
Mr. McCrary: John's beat me so many times, it's my time.
Vice Mayor Alonso: Commissioner Dawkins...
Commissioner Plummer: Arouse or harrass?
Vice Mayor Alonso: ...moved on this item. Did you not? Ok. I second it.
Mayor Suarez: Moved and seconded. That's in favor of the application, right?
Commissioner Plummer: May I inquire as where is the nearest industrial to
this location?
Mayor Suarez: As a zoning or as a nonconforming use or any of the above?
Mr. Olmedillo: If I may take an opportunity, Mr. Mayor. One of the things
that was...
275 April 30, 1992
-� Mayor Suarez: We11 why not. You guys never like to answer our questions
anyhow. You may as well start telling us some other things, Guillermo. Maybe
we'll forget about the question, you know. That was really sutle. May I take
a whole different approach to all of this? Yeah, why not, you know. He's not
going to answer the question. —
Mr. Rodriguez: Now, I will answer the question. I am looking for it.
Mayor Suarez: Yeah, he is.
Mr. Olmedillo: While he's looking.
Mayor Suarez: Yes. While he's doing that.
Mr. Olmedillo: There is a history...
Commissioner Plummer: He'll editorialize.
Mr. Olmedillo: ...historical analysis which has failed to be mentioned on the
record. This area, traditionally, was... has been built out with automotive
service which is typically that of an industrial area. As a matter of fact,
the Planning Advisory Board, in seeing this... the area and the character of
the area, suggested that we would come back with an amendment to the zoning
ordinance which would allow in C-2 district, the towing services as a special
exception. But, traditionally, this area between I-95, N. W. 7th Avenue, the
railroad tracks and 71st has been traditionally an automotive type of service.
Mayor Suarez: Just a one large block area. How may blocks is it? I guess in
norty south direction that, yeah, like two blocks.
Mr. Olmedillo: On the north we have the railroad tracks which serve as a
buffer to the housing project that is there and...
Mayor Suarez: That's a public housing project?
Mr. Olmedillo: Excuse me, sir.
Mayor Suarez: Victory Homes...
Mr. McCrary: Yes, sir. Not occupied.
Mayor Suarez: Is that one of the ones that is being improved now?
Mr. Olmedillo: All right. I don't know the answer to that.
Commissioner Plummer: What?
Mayor Suarez: It's being improved under the HUD capital...
Commissioner Plummer: Oh, the Victory Homes.
Mayor Suarez: ...redevelopment effort. Fifty million dollars
($50,000,000.00). And it is an effective buffer? It's not just a... It's a
landscape buffer? I mean is the railroad track pretty landscaped there?
276 April 30, 1992
Mr. Olmedillo: It's almost, ah... to the eyes about 80 feet of distance
between... And this particular piece of property is walled around it.
Commissioner Plummer: My answer?
Mr. Rodriguez: The nearest one that I could find over here, 1n a cursory
review, was north of the FEC tract and adjacent to Miami... close to Miami
Avenue and N.E. 2nd.
Commissioner Plummer: How far north of the tracts?
Mr. Rodriguez: Asking a lot of questions. I will say about 10 blocks or so
from the tract. No, it's adjacent to the tracts, about 10 blocks or so to the
east of the property.
Commissioner Plummer: How do you define or defensively stand up that this is
not technically spot zoning?
Mr. Rodriguez: Because of the amount of land that is included, and because of
the uses in the area which have become... the distinction between heavy
commercial, industrial, is a very blurry line at this point in that area.
Mayor Suarez: They're recommending this use even under the commercial zoning.
Commissioner Plummer: Well they're C-2 present.
Mr. Rodriguez: Present... presently.
Mayor Suarez: Who was it that made the recommendation, PAB (Planning Advisory
Board)?
Mr. Olmed111o: PAB.
Mr. Rodriguez: You see ideally, and maybe there's something that we, the
applicant might volunteer in the future, is that we have a buffer as a
covenant dealing with the area around the property, which is one of the main
concerns that I guess that everybody might have as to... when you have the
storage of cars over there, and if you were to have landscaping or something
around the area especially with the property to the north, even when it's
adjacent to the railroad tracks that might have some of the concerns.
Mr. McCrary: We're prepared to enter into a covenant with the City if the
City wants landscaping there, and it's probably a very good idea to have
landscaping there. Because of what HUD may do with that property we're
prepared to do the landscaping and meet with anybody on the staff and bring it
back to the Commission.
Commissioner Plummer: Jesse, let me tell you something. As I know it, I
would much prefer a good substantial ventilated wall because you're not going
to be able to maintain landscaping in that neighborhood. It's like... that's
going to be very similar to driving out River Drive from 27th Avenue, and
it's, it's... you are just not going to be able to do it.
277 April 30, 1992
s
Mr. Fletcher: If I might...
Mayor Suarez: Mr. Fletcher.
Mr. Fletcher: If I might just point out one thing. I know the staff has said
that this area is traditionally automotive. What I was trying to explain, and
maybe I wasn't clear before, but the property that is due to the west, it says
Robertsville on there, that area there. That is the Show Aides place I was
telling you about that was just rebuilt, and that's not automobile. What they
do is they put together trade shows. And then to the east of it there, in the
red area, is vacant. Now here's an opportunity for us to establish a real
buffer from the automotive area for the people who are going to be living in
the refurbished Victory homes area. There's a real chance to do something
that will be an improvement. To now make it industrial will not be to make an
improvement for the people. And not to support the change that was made by
Show Aides and what will be developed by the new man or the vacant lot.
Commissioner Plummer: I still don't understand this.
Mr. Fletcher: Here's a chance to improve it by turning it down and letting
them put something else on there, not industrial. It would only make matters
worse making it industrial, not better.
Mayor Suarez: Ok. Anything further Commissioners?
Commissioner Plummer: Mr. Mayor, I am still a little lost on this one. I
don't know how they can do an analysis, and mark all of these things no, and
then turn around and recommend it. I...
Mr. Rodriguez: That's the danger of...
Mr. Olmedillo: There are some ...yes also.
Commissioner Plummer: What?
Mr. Rodriguez: The danger of using a form like this... actually this is
supportive of changing the property to a different land use classification
because when they were looking at this they were looking at the property to
the north that was residential, and the person that was doing this analysis
looked at that only without looking to the south. In analyzing the whole
property and the recommendation of the staff, we look at the whole area and we
realize that you can not look at the property to the north only in isolation,
but at the whole site and the form reflected that but I will say that the
staff recommendation stands.
Mayor Suarez: OK. Commissioners, do we have a motion and a second.
Vice Mayor Alonso: Yes, we do.
Commissioner Plummer: Yeah.
Mayor Suarez: Read the ordinance. Call the roll.
278 April 30, 1992
V #�
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
APPROXIMATELY 551 NORTHWEST 72NO STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM GENERAL COMMERCIAL TO INDUSTRIAL;
MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY
OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
NOES: Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I am going to vote no based on that analysis done by
the department. By the fact that I think it's tantamount to spot zoning. I
vote no.
Ms. Hirai: Mayor Suarez?
Vice Mayor Alonso: He's confused.
Mayor Suarez: Mayor Suarez is confused, I vote no.
Ms. Lauraine Lichtman: Thank you all who took the time out for me all day.
279 April 30, 1992
33. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 551
N.W. 72 STREET FROM C-2 LIBERAL COMMERCIAL TO I - INDUSTRIAL (Owner /
Applicant: Howard Lichtman).
--------------------------------------
Mayor Suarez: PZ-11.
Ms. Linda Kearson: It's a companion item.
Mr. McCrary: Thank you Commissioners.
Mayor Suarez: Ok. Ma'am. PZ-11, is that companion? Entertain a motion on
it.
Vice Mayor Alonso: I move.
Commissioner Plummer: Ah, eleven?
Ms. Kearson: Is a companion item, right.
Mayor Suarez: Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM C-2 LIBERAL COMMERCIAL TO I
INDUSTRIAL, FOR THE PROPERTY LOCATED AT 551 NORTHWEST
72ND STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 10 OF SAID ZONING ATLAS;
1 CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
NOES: Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
F
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
,j
280 April 30, 1992
1
Alk
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Vote no, to be consistent.
Commissioner Plummer: Wait a minute. How did I vote?
Vice Mayor Alonso: First no, second, yes.
Commissioner Plummer: No, I vote no on the second. I am sorry.
Mayor Suarez: There we go. PZ-12
COMMENTS MADE AFTER ROLL CALL:
Ms. Hirai: Mr. Mayor do we assume the same seconder and mover as of on PZ-10?
Mayor Suarez: Yes.
Ms. Hirai: Commissioner Dawkins and Alonso, right?
Mayor Suarez: Yeah. In fact they both voted moved it again.
------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT -- (a) ARTICLE 4,
SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS): TO ADD, CLARIFY, AMEND
OR DELETE CERTAIN USES AND REQUIREMENTS IN SEVERAL DISTRICTS; (b)
ARTICLE 9: TO PERMIT BARBED WIRE FENCES, TO ADD REQUIREMENTS /
LIMITATIONS FOR WATERFRONT YARD AREAS; TO ADD HEIGHT REQUIREMENTS FOR
BROADCASTING TOWERS; TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL
USES THROUGH RESIDENTIAL PROPERTIES; etc. (Applicant: Planning, Building
& Zoning Dept.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-12.
Commissioner Plummer: On PZ-12 tell me what your doing here with these
balloons.
Vice Mayor Alonso: I knew it.
Mr. Olmedillo: The balloon signs are tied to the special events. The special
events...
Commissioner Plummer: And how long a period of time can those balloons be up?
Mr. Olmedillo: Two weeks a year.
Commissioner Plummer: Two weeks a year. Is that continuous two weeks?
Mr. Olmedillo: No they may be up to two special events on the same piece of
property per year. So it can be one week and one week.
281 April 30, 1992
Commissioner Plummer: Can one put it up one week now and one week later?
Mr. Rodriguez: Right.
Mayor Suarez: Two weeks a year no more than 5 minutes a day.
Commissioner Plummer: The United States is...
Mayor Suarez: Which means 364 days.
Commissioner Plummer: ...getting rid of all of the outdoor billboards and you
are putting up rooftop signs. No, it's tantamount to a rooftop sign. Am I
correct?
Mr. Olmediilo: Defined differently.
Commissioner Plummer: We went through hearing after hearing after hearing to
get rid of rooftop signs.
Mayor Suarez: This is one of the most pressing problems.
Commissioner Plummer: And now my department is turning around and asking us
to allow rooftop signs, for two weeks out of the year, and we could have them
on any number of buildings in any zoning regulation. Is that correct?
Mayor Suarez: Mail stack this high against these balloons. I mean people are
calling us constantly.
Mr. Rodriguez: You can exclude this from the amendment of the ordinance and
leave everything else. That would have been... that's simple.
Commissioner Plummer: Wait. I want to tell you. You want to know how highly
this ordinance speaks of this City? We are now going to allow barbed wire
fences. I mean that's great.
Mr. Olmedillo: That was a...
Commissioner Plummer: I mean I hope CNN picks that up and let's the world
know that we're going with barbed wire...
Mayor Suarez: I didn't think today at this time...
Commissioner Plummer: Well it depends on whether you got an AK-47 or an Uzi.
Mr. Rodriguez: This is the 8120 special. Let me try to tell you.
Commissioner Plummer: I want to tell you something. This ordinance
definitely tells me this City is going to hell in a handbasket. I want to
tell you.
Mayor Suarez: No. No.
Vice Mayor Alonso: Why do you say that? You like balloons? You need a red
balloon. That's what you need.
282 April 30, 1992
Mayor Suarez: God knows what...
Commissioner Dawkins: Does that mean you vote for it or against it?
Commissioner Plummer: You all do what you want. I am voting against it.
Mayor Suarez: All right. PZ...
Mr. Guillermo Olmedillo: PZ-12...
Mayor Suarez: 12.
Vice Mayor Alonso: 12.
Mayor Suarez: Please.
Mr. Olmedillo: is the amendments to the zoning ordinance as we had
promised every six months we would bring to you to clean up. The only two
changes that we were...
Mayor Suarez: Other than balloons and barbed wire fences,...
Mr. Olmedillo: ... and...
Mayor Suarez: ... is there anything else that particularly would be useful to
the citizens of Miami why we ought to approve this?
Mr. Olmedillo: This is a second reading and we went through the analysis the
first time. The only thing that I need to add is that there is a
clarification for the definition of a phased project. Besides that, it's
exactly the same ordinance with the balloons, like Sergio said, it is up to
this Commission to vote it up or down. There is a...
Mr. Rodriguez: In relation to the barbed wire, if... You know, it's important
that to remind your memory that this issue, I think was brought to your
attention at different times by owners of a condominium association that
wanted to have a barbed wire around the parking area of the building, because
they felt that people were jumping and stealing their cars.
Mayor Suarez: I have not had any mail or...
Mr. Rodriguez: Some time ago.
Mayor Suarez: ... phone calls or otherwise people beating down my doors about
barbed wire fences. I guess we don't want to encourage them too much in the
City, but it's...
Mr. Rodriguez: Right. Well, that's the reason why we reflected it was an
issue for this particular area. They kept asking to put the barbed wire, and
they sent letters continuously to us and we're reflecting that amendment.
Mayor Suarez: Certainly if this becomes a problem we can always repeal that.
283 April 30, 1992
Mr. Rodriguez: You can always repeal that.
Mayor Suarez: All right.
Commissioner Plummer: The biggest business in this community is burglar
alarms, bars on your windows and now barbed wire. Boy, it speaks highly of
this City.
Mr. Rodriguez: In this particular case...
Mayor Suarez: I'm glad they don't pick up every quote of yours and certain
Commissioners.
Mr. Rodriguez: In this particular case, the barbed wires is require a Class
II permit in which we sent notifications...
Commissioner Plummer: Incredible.
Mr. Rodriguez: We sent notifications to adjacent property owners and we can
put some conditions on how this will be allowed.
Mayor Suarez: I am inclined, unless you need to say something, to just go
with the flow here. It's a second ordinance. Commissioner Plummer will
probably second it again as he did the prior time and if we don't need hear
from you, I don't need to swear you in and we can probably get through this.
All right. I'll entertain a motion on PZ-12.
Vice Mayor Alonso: So moved.
Mayor Suarez: His blue brother is going to oblige.
Vice Mayor Alonso: He's not going to do it this time.
Mayor Suarez: Second. Thank you.
Commissioner Dawkins: Second.
Mayor Suarez: Any discussion? If not, please read...
Commissioner Plummer: He was absent last time.
Mayor Suarez: Read the ordinance. Call the roll, please.
284 April 30, 1992
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 110005
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS TO ADD,
CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS,
TO AMEND SETBACK REQUIREMENTS, MINIMUM LOT WIDTHS AND
MINIMUM LOT SIZES FOR THE INDUSTRIAL DISTRICT, AND
PARKING REGULATIONS FOR LODGING; ARTICLE 9, SECTION
906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SECTION
908.8.1 TO ALLOW BARBED WIRE ALONG TOPS OF FENCES WITH
A CLASS II SPECIAL PERMIT; SECTION 908.9 TO ADD WIDTH
REQUIREMENTS AND LIMITATIONS FOR WATERFRONT YARD
AREAS; SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR
BROADCASTING TOWERS; SECTION 917.1 TO PROHIBIT
VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH
RESIDENTIAL PROPERTIES; SECTION 925.3.9 TO ADD
PROVISION FOR BALLOON SIGNS ASSOCIATED WITH SPECIAL
EVENTS; ARTICLE 13, SECTIONS 1301.2, 1304.2 AND 1305
TO CLARIFY VAGUE LANGUAGE; ARTICLE 17, SECTION 1701 TO
CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL
PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE;
ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO
CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS,
AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR
ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT
TO STREETS; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of February 18,
1992, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10976.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
285 April 30, 1992
r"R
n
Commissioner Plummer: Can we advertise the barbed wire on the balloons? I
vote no.
Mr. Rodriguez: Very carefully.
NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A NON -AGENDA REGULAR ITEM.
35. COMMISSIONER DAWKINS REQUESTS GUIDANCE FROM OTHER COMMISSION MEMBERS
CONCERNING THE CITY'S POSITION AND NEEDS DURING THE UPCOMING STATE OF
FLORIDA GOVERNOR'S SPECIAL SESSION, MORE SPECIFICALLY IN CONNECTION WITH
THE PROPOSED 2% TAX.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I have a pocket item I'd like to do since it's eight -
thirty.
Commissioner Plummer: Keep it in your pocket.
Commissioner Dawkins: I need some directions - in fact, the Mayor and I both
need some directions - from this Commission...
Commissioner Plummer: Yeah, head west.
Commissioner Dawkins: The Governor has called a special session, and since
this is a special session, there is the right - for the lack of a better
word - to revisit the two percent cultural tax. So I'm pretty sure that with
this being a - for the lack of a better word - new session, this is going to
come up. Now, we need to take a position so I will know, and the Mayor will
know, what our position is. I have no problem with the tax, if the money, as
they said, comes to the City of Miami for the homeless. I don't have a
problem with it. But I do have a problem with - like the paper said this
morning - the cultural groups that would benefit include the Historical Museum
of Southern Florida, the Center for Fine Arts, and the Museum of Science, as
well the Metro -Dade Cultural Affair Council and the Metro -Dade Historical
Preservation Division.
Commissioner Plummer: Miller, my understanding is, at best, only ten percent
of the money that would be raised would address the homeless problem.
Commissioner Dawkins: Less than that, J. L.
286 April 30, 1992
F1
Commissioner Plummer:
thirty million dollars,
homeless.
OK. My understanding is that, at best, could raise
and less than three million would be addressing the
Commissioner Dawkins: That's right.
Commissioner Plummer: My particular...
Commissioner Dawkins: No, wait a minute. But part of that three million has
to go for economic development and other things. It does not. The whole
three percent does not go to homeless.
Commissioner Plummer: All right. Let me te11 you how I feel, and I think
that's what you want, is each one of us...
Commissioner Dawkins: Yes. Please.
Commissioner Plummer: ... to express how we feel.
Commissioner Dawkins: Yes.
Commissioner Plummer: I would not accept, to change my vote to yes, unless
this City is the recipient of the same amount that is generated from this
City. If twenty percent of that money is generated from the City of Miami,
and they're going to give us back twenty percent of it, then I would consider
voting yes. There have got to be certain exclusions and, of course, the "Mom
and Pop" operation, as they refer to, you've got to delineate as to what is
the size and how big and how little is a store. My concern is, is that I will
never, ever vote for something that, to get something accomplished within my
City, where "X" percentage of that money was raised, that I've got to go with
my hat in my hand to the Metro Commission and beg to get money to do the
projects that I need.
Mayor Suarez: I'll go along with that. The way you've stated that, I like
it. As long we get a percentage equivalent to how much is raised from within
the City limits of the entire tax, I can support it, and with the "Mom and
Pop" exception...
Commissioner Plummer: Of course.
Mayor Suarez: "Mom and Pop" stores - exception. We're not excepting "Mom and
Pops."
Commissioner Dawkins: All right. Let me ask one question now. Let me ask
one question. If we, the City of Miami, get that which is raised within. the
City of Miami, is the City of Miami expected to spend that which is raised on
the homeless, while the rest of the money goes for something else?
Commissioner Plummer: Speaking for my opinion, I think that the City would
have to commit itself to a certain amount to go to the homeless, and then I
think that we could use the money for other projects that are necessary in
this community so designated by this Commission. That's my opinion.
Commissioner Dawkins: Mr. Mayor.
287
April 30, 1992
Alk
Mayor Suarez: Yeah, and we have to add the additional connection. I think we
have to establish a rational basis between the expenditures, and somehow
relate it to the industry that is being taxed which is supposed to be the
tourism industry. But I think we can do that, because I think we've got so
many needs and...
Commissioner De Yurre: Well, are we talking about the money being spent
within the City? Equal percentage, proportionately?
Commissioner Plummer: Yes. Oh, yes.
Commissioner De Yurre: But, are we saying that that happens by the County or
somebody else, or that they turn over that percentage to us, for us to do as we deem appropriate?
Mayor Suarez: They turn it over to us.
Commissioner Plummer: To us.
Mayor Suarez: Oh, I see what you're saying. You're not saying that the money
has to be spent for the projects we would like in the City, but that the money
has to come directly to us and we decide.
Commissioner Plummer: Oh, no, no. We're the... _
Commissioner De Yurre: Yes. I don't want the County to say, hey we are
spending it there in your City. -
Commissioner Plummer: No, no, no. No. We're in the driver's seat.
Mayor Suarez: No, no, no. We get the money.
Mayor Suarez: OK.
Commissioner Plummer: We're in the driver's seat.
Commissioner De Yurre: Well, that's certainly economic development. Little
Havana, 8th Street,...
Commissioner Plummer: That's right.
Commissioner De Yurre: ... Flagler, Liberty City,...
Commissioner Plummer: That's right.
Commissioner De Yurre: ... Overtown. That's where you've got to... You talk
about giving it back to the hotel industry and the tourism industry, and
you've got...
Mayor Suarez: You better believe it. There's many projects pending in many
parts of the City.
288
i
April
30,
1992
Commissioner Plummer: Mr. Mayor, I can't give you what would be raised from
this tax, which I know would be less than the two percent bed tax. But I can
tell you that forty-four percent of the two percent bed tax is raised in the
City of Miami. I know that the food and beverage tax would be less in
percentage. It could be more in dollars.
Mayor Suarez: Right. OK. Thank you.
Commissioner Dawkins: OK. Thank you. That's the directions I needed. Thank
you very much.
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.
------------------------------------------------------------------------------
36. SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT -- ARTICLE 6, SD-1
MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT; SD-5 BRICKELL AVENUE
AREA OFFICE - RESIDENTIAL DISTRICT; SD-6 AND SD-6.1 CENTRAL COMMERCIAL
RESIDENTIAL DISTRICTS; SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL
RESIDENTIAL DISTRICT; SD-13 S.W. 27 AVENUE GATEWAY DISTRICT; SD-14,
14.1, 14.2: LATIN QUARTER COMMERCIAL - RESIDENTIAL AND RESIDENTIAL
DISTRICTS; SD-16, 16.1, 16.2: SOUTHEAST OVERTOWN / PARK WEST COMMERCIAL
RESIDENTIAL DISTRICTS; SD-18: MINIMUM LOT SIZE DISTRICT (Applicant:
Planning, Building & Zoning Dept.).
------------------------------------------------------------------------------
Mayor Suarez: PZ...
Mr. Guillermo Olmedillo: PZ-13 is a related item, Mr. Mayor, and it deals
with special districts and it's a second reading...
Mayor Suarez: Does anyone wisp; to be heard against this item? Let the record
reflect no one stepped forward. I'll entertain a motion on it.
Commissioner De Yurre: Moved.
Vice Mayor Alonso: Moved.
Mayor Suarez: Moved and seconded. Read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: Call the roll.
289 April 30, 1992
,i
Commissioner Plummer: No, no, no. Mr. City Attorney, would you interpret for
me what you just said, please.
Vice Mayor Alonso: Oh, please.
Mayor Suarez: Call the roll. Do not listen to Plummer.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, ZONING DISTRICTS,
SECTION 601, SD-1 MARTIN LUTHER KING BOULEVARD
COMMERCIAL DISTRICT, TO ADD REFERENCES TO C-1; SECTION
605, SD-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL
DISTRICT, SUBSECTION 605.1, TO CLARIFY THE INTENT
STATEMENT, SUBSECTION 605.3, TO CLARIFY LANGUAGE,
SUBSECTION 605.49 TO ADD AND CLARIFY PERMITTED AND
CONDITIONAL PRINCIPAL USES AND REQUIREMENTS,
SUBSECTION 605.5, ACCESSORY USES AND STRUCTURES, TO
CLARIFY LANGUAGE, SUBSECTION 605.8, TO DELETE
REFERENCES TO URBAN PLAZAS AND CLARIFY LANGUAGE;
SECTION 606, SD-6 AND SD-6.1 CENTRAL COMMERCIAL
RESIDENTIAL DISTRICTS, SUBSECTION 606.1, INTENT TO
CLARIFY LANGUAGE, SUBSECTION 606.7, FLOOR AREA
LIMITATIONS, TO CLARIFY LANGUAGE, SUBSECTION 606.8, TO
CLARIFY LANGUAGE REGARDING OPEN SPACE REQUIREMENTS;
SECTION 607, SD-7 CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL RESIDENTIAL DISTRICT, SUBSECTION 607.01.
INTENT, TO CLARIFY LANGUAGE, SUBSECTION 607.3., TO
CLARIFY LANGUAGE, SUBSECTION 607.4., TO ADD, CLARIFY
AND DELETE USES SPECIFIC USES, SUBSECTION 607.8.3., TO
DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY SPECIAL
REQUIREMENTS FOR THEATERS; SECTION 613, SD-13 S.W.
27TH AVENUE GATEWAY DISTRICT, NEW SUBSECTION 613.5.,
TO ADD PERMITTED AND CONDITIONAL ACCESSORY USES AS FOR
R-1; SECTION 614, SD-13 S.W. 27TH AVENUE GATEWAY
DISTRICT, NEW SUBSECTION 613.5., TO ADD PERMITTED AND
CONDITIONAL ACCESSORY USES AS FOR R-1; SECTION 614,
SD-14, 14.1, 14.2: LATIN QUARTER COMMERCIAL -
RESIDENTIAL AND RESIDENTIAL DISTRICTS, SUBSECTION
614.3.2., TO DELETE VAGUE LANGUAGE AND SUBSECTION
614.3.8., TO ADD PROVISIONS FOR GROUND OR FREE
STANDING GAS STATION SIGNS; SECTION 616, SD-16, 16.1,
16.2: SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -
RESIDENTIAL DISTRICTS, TO ADD CHILD AND ADULT DAYCARE
CENTERS; AND SECTION 618, SD-18: MINIMUM LOT SIZE
DISTRICT, TO CLARIFY NAME AND OVERLAY STATUS OF
DISTRICT.
Passed on its first reading by title at the meeting of February 18,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Vice Mayor Alonso, the Ordinance
290 April 30, 1992
40',
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso,
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10977.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Yes. Yeah, before Plummer changes his mind, yes.
Commissioner Plummer: Oh, shut up. You know, this is one of the things, Mr.
Mayor, and I just want to bring it out, that you and I have said that when we
asked for the ninety-five hundred...
Mayor Suarez: Yes.
Commissioner Plummer: ... to be simplified, I defy anybody in this room,
besides these high-priced help, to tell me what the hell he just said. And if
that is simplifying an ordinance, I don't want to be around when you
complicate it. I'm going to vote yes and I want to admit for the record, I
don't know what I'm voting on.
291
April 30, 1992
- -------------------------------------------------------- ---- -----r---------- -
37. DENY PROPOSED SECOND READING ORDINANCE AMENDING 11000 ZONING TEXT --
ARTICLE 21, ADMINISTRATION, ENFORCEMENT, VIOLATIONS AND PENALTIES,
SECTION 2105, BY REVISING TEXT OF SECTION TO EXTEND TIME LIMITS FOR
OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND OCCUPANCY
PURSUANT TO 9500 AND 11000 (Applicant: Planning, Building $ Zoning
Dept.).
------------------------------------------------------------------------------
Mayor Suarez: PZ-14.
Mr. Guillermo Olmedillo: PZ-14, Mr. Mayor, is an amendment that...
Commissioner Plummer: One more amendment.
Mr. Olmedillo: ... would allow ninety-five hundred to go into effect...
Commissioner Plummer: What for?
Vice Mayor Alonso: I thought you were going to pull this item. No?
Mayor Suarez: OK. I'll entertain a motion on PZ-14. Is anyone here in
opposition to PZ-14?
Unidentified Speaker (OFF MIKE): Yes, sir.
Mayor Suarez: Opposition. Swear her in.
anybody here in favor of PZ-14?
Why don't we just... Is there
Vice Mayor Alonso: So, let's forget about this. If we don't take any action,
that's it.
Mr. Rodriguez: If you...
f
Commissioner Plummer: Why would we want to extend the time for building
permits?
Mr. Rodriguez: Because you asked us to do so.
r
Commissioner Plummer: Who did?
Mr. Rodriguez: You, the Commission.
t'
Vice Mayor Alonso: Well, it was... We cannot...
i
Mr. Rodriguez: There was a request at that point...
Vice Mayor Alonso: The reason was...
i
Mayor Suarez: That was a momentary lapse of our good judgment. OK.
Mr. Rodriguez: OK.
7
292 April 30, 1992
Vice Mayor Alonso: ... fear in the community is opening the door to other
things, and that's the concern. That's why you are here.
Mayor Suarez: I'll entertain a motion to...
Mr. Olmedillo: Deny.
Mayor Suarez: ... turn down PZ-14.
Vice Mayor Alonso: If we don't take any action...
Mayor Suarez: It's even better.
Vice Mayor Alonso: If we don't take any action.
Commissioner Plummer: Move it. Move to deny.
Mayor Suarez: Move to deny.
Vice Mayor Alonso: OK.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion?
Quickly.
If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-267
A MOTION TO DENY AGENDA ITEM PZ-14 (PROPOSED SECOND
READING ORDINANCE TO AMEND ZONING ORDINANCE NO. 11000
BY REVISING THE TEXT OF SECTION 2105 TO EXTEND THE
TIME LIMITS FOR OBTAINING BUILDING PERMITS AND
CERTIFICATES OF USE AND OCCUPANCY PURSUANT TO
ORDINANCES NO. 9500 AND NO. 11000).
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
293
April 30, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Well, you've got to read the ordinance, don't you?
Ms. Hirai: If you're denying, we don't need to read it.
Mayor Suarez: You're in favor?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: No, because if you're in favor, I have to have you sworn in and
the whole bit. No. OK.
Commissioner Plummer: I vote yes on no.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Alonso: And now, let me ask a question. Was it in fact really
opening the door for other things that they were concerned?
Mr. Rodriguez: Yes.
Vice Mayor Alonso: Yes, it was?
Mr. Rodriguez: What happened was that you will be opening...
Vice Mayor Alonso: Why didn't you explain that to me when I asked you?
Commissioner Plummer: No. Whose door was being opened?
Mr. Rodriguez: You will open the door for a period of time for anybody that
has completed work in drawings to apply under 9500 and it was in answer to a
request from Ms. Weiss that had the project in Blue Lagoon...
Commissioner Plummer: Yeah, but now be honest. Whose door was being opened?
Vice Mayor Alonso: No, that was the case of...
Mr. Rodriguez: Anybody that would apply.
Commissioner Plummer: What?
Mr. Rodriguez: In that particular case, you were responding to Ms. Weiss.
294 April 30, 1992
Vice Mayor Alonso: Remind him of the case.
Commissioner Plummer: It sounds like, to me, you were trying to keep the door
open for somebody.
Mr. Rodriguez: No, you asked us to do that for Caroline Weiss for the Blue
Lagoon project.
Vice Mayor Alonso: Yes. Because of the...
Commissioner Plummer: I didn't ask for it.
Mr. Rodriguez: You, the Commission.
Mayor Suarez: You are determined to not finish before 9:00 and to keep the
school system folks here until 9:00. Please.
38. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT PROPERTY BEHIND 5918-5922 N.E. 2 AVENUE
FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL
(Owner / Applicant: Yves Vielot, Haitian Task Force).
-----------------------------------------------------------------------------
Mayor Suarez: PZ-15 and 16 are companion items.
Mr. Guillermo Olmedillo: PZ-15 and 16 are companion items.
Commissioner Plummer: Send me a red balloon.
Mr. Olmedillo: Second reading for a zoning change and a comp plan amendment
from...
Mayor Suarez: Do we have any opponents to the application of...
Vice Mayor Alonso: Move.
Mayor Suarez: ... PZ-15 and 16. If not, let the record...
Vice Mayor Alonso: Is he in opposition?
Mayor Suarez: No, no. Yves is...
Vice Mayor Alonso: No. Oh, I moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Commissioner Dawkins seconded. Call the roll.
295 April 30, 1992
11,
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY BEHIND APPROXIMATELY 5918-5922 NORTHEAST 2ND
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of November 14,
1991, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10978.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------------------------------------------------------------
39. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
PROPERTY BEHIND 5918-5922 N.E. 2 AVENUE FROM R-3 MULTI -FAMILY MEDIUM
DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Owner / Applicant:
Yves Vielot, Haitian Task Force).
Mayor Suarez: PZ-16. Companion item.
Vice Mayor Alonso: Moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
296 April 30, 1992
'A6 `
Mayor Suarez: Second. Any discussion? If not, please read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTI -FAMILY RESIDENTIAL TO C-
1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT
5918-22 NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 13 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of November 14,
1991, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10979.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
40. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 601-627 S.W. 8 AVENUE FROM MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL TO OFFICE (Owner / Applicant: Vernon Metcalf,
Miami Lighthouse for the Blind - AKA Florida Association of Workers for
the Blind).
Mayor Suarez: PZ-17.
Mr. Guillermo Olmedillo: 17 and 18 are companion items. Again the plan
amendment and the zoning change for property located at 601-627...
Commissioner Plummer: Move it.
297 April 30, 1992
F
7
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Does anyone wish to be heard against the item? Let
the record reflect no one stepped forward. Moved and seconded. Read the
ordinance.
Commissioner Plummer: How could anybody speak against Lighthouse for the
Blind? Really.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: What?
Commissioner Dawkins: J.L., you're delaying the meeting.
Mr. Rodriguez: I don't know if the lady understands English. The lady in
blue mentioned to me a few minutes ago that you were against this. USTED DIJO
QUE NO ESTABA A FAVOR DE ESTO? -
Commissioner Plummer: Well, I guess somebody can be against the Lighthouse
for the Blind.
Mr. Rodriguez: She understands.
Mayor Suarez: USTED ESTA EN CONTRA DE LA ZONIFICACION DEL the Lighthouse for
the Blind?
Ms. Maria Maldonado: No.
Mayor Suarez: OK. We better swear you in, just in case.
Ms. Maldonado: Eighteen
Mayor Suarez: POR SI ACASO.
Ms. Hirai: She's interested in 18, she says.
Mayor Suarez: OK. But that's a companion item.
Vice Mayor Alonso: It's a companion item. It's the same.
Mayor Suarez: LOS DOS SON RELACIONADOS, ASI QUE MEJOR QUE LA JUREMOS..
f Commissioner Plummer: Oh, yeah.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
{ 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
- Mayor Suarez: You can speak on PZ-18 if you would like. It's a companion
item.
p
298 April 30, 1992
C
Ms. Maldonado: I am not opposed. I am not against. My name is Maria
ria %a;tado. I live in 869 S.W. 6th Street. The neighborhood, all the
neighbors, respect and admire the work they do with the blind people.
Mayor Suarez: Move just a little bit. That's it.
Ms. Maldonado: I think that we have to agree with everything that gave them
the facility to do that work. So we are not opposed. But, we have a concern.
Mayor Suarez: OK.
Ms. Maldonado: There has been talking about the problem several neighbors,
and I think that probably they want to volunteer to add the statement telling
that they are not going- in case they change their mind - they are not going
to sell the property for another purpose, or...
Mayor Suarez: How can we build that guarantee into this?
Mr. Rodriguez: If we get a voluntary covenant from the applicant saying that
they will agree not, you know, to use the property in this manner, until they
sell it... Not to... Excuse me. And not to sell it and keep it in this type
of use, she will have no opposition. The property has been used for the
Lighthouse for the Blind for many years, for sixty years, or fifty years or
so...
Mayor Suarez: How can we...
Mr. Rodriguez: Yeah, I mentioned already,...
Mayor Suarez: ... effectively do it.
Mr. Rodriguez:... but you were talking to Commissioner Alonso.
Mayor Suarez: OK. Do you have any problem entering into a covenant that this
property will receive the zoning only so long as it is used as the Lighthouse
for the Blind and not be resold?
Ms. Maldonado: Yes.
Mayor Suarez: No, no. Not you, ma'am. The gentleman.
Unidentified Speaker: (OFF MIKE) No problems.
Mayor Suarez: No problem. How can we build this into the...
Mr. Rodriguez: They will...
Mayor Suarez: On the second reading we can do this?
Mr. Rodriguez: By the second reading, they will voluntarily proffer a
covenant in which they will state so.
Mayor Suarez: OK.
299 April 30, 1992
Ic
Mr. Rodriguez: And you have to...
Mayor Suarez: Very good.
Mr. Rodriguez: ... talk to us. We can explain to you how to go about it.
Mayor Suarez: With that understanding, we have a motion and a second, do we?
Vice Mayor Alonso: Yes.
Mayor Suarez: Madam City Clerk. Call the roll.
Ms. Hirai: Yes, Mr. Mayor.
Linda Kearson, Esq.: And it's an ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 601-627 SOUTHWEST 8TH AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL
TO OFFICE; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
- Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
300 April 30, 1992
i
41. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
601-627 S.W. 8 AVENUE FROM k-3 MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL
TO 0 - OFFICE (Owner / Applicant: Vernon Metcalf, Miami Lighthouse for
the Blind - AKA Florida Association of Workers for the Blind).
---------- --------------------------------------------------------
Mayor Suarez: And the companion item is PZ-18.
Vice Mayor Alonso: Move.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO 0 OFFICE, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 601-627 SOUTHWEST 8TH AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35
OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Dawkins
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
301 April 30, 1992
NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABTES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A NON -AGENDA REGULAR ITEM.
42. PERSONAL APPEARANCE: MR. RUBEN AVILA, JR., REQUESTING THE CITY
COMMISSION TO BAN MR. MANUEL GONZALEZ-GOENAGA FROM CITY OF MIAMI
COMMISSION MEETINGS DUE TO ALLEGED VERBAL ABUSE.
Mayor Suarez: Did you want to make a quick statement? And it's not related
to the Planning and Zoning agenda, right?
Mr. Ruben Avila, Jr.: No, sir.
Mayor Suarez: OK. And we don't have to swear you in. Just your name and
address.
Mr. Avila: My name is Ruben Avila, I live at 1203 N.W. 32nd Place. It's
reference to the problems that this Commission has with Manolo, and I hate to
see this guy go to jail. And under the City Charter, I believe that it said,
that you... He's disturbing the peace, he's disrespecting to the
Commissioners, to City Manager and Police Officers, and every time I come to a
meeting, this man is having this type of a problem with all you people. And I
think that you should come up with some kind of solution, either ban him out
of here, or do something with this man. This man, I believe, is emotionally
disturbed, very bad. When the City Manager left today, he threatened the City
Manager all kinds of things. He's provoking and blackmailing, I believe, is
what he's threatening to do, and telling people that this guy sleeps with that
woman, and all kinds of things he's doing. This man is emotionally disturbed
and I believe some of you Commissioners should do something about it because
I'm tired of seeing him coming over and walking back and forth when the
Commission is trying to...
Mayor Suarez: It's very disruptive, but let me ask you a question. What
brings you to the Commission meetings?
Mr. Avila: What brings me? I came today in reference to the... I forgot.
Wait, wait.
Mayor Suarez: We're a great show, right? You're here to see...
Mr. Avila: No, no, no. I came today in reference to the City Rangers for the
City of Miami.
Mayor Suarez: Oh. Right. That's right. You have a store downtown? Or...
302
April 30, 1992
Mr. Avila: Well, I represent two buildings, the Seybold and the Israel
Discount Bank building in downtown Miami.
Mayor Suarez: But we appreciate your comments, and if we can think of any
further procedural ways in which to keep that disruption at a minimum, we
will.
Mr. Avila: Thank you.
Mayor Suarez: Thank you, Ruben.
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
COWDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.
------------------------------------------------------------------------------
43. AMEND RESOLUTION 91-92 (LATER AMENDED BY RESOLUTION 91-779) WHICH
GRANTED A VARIANCE FROM 9500 TO THE CHINATOWN PROJECT (1801-1859
BISCAYNE BOULEVARD), AND WHICH REQUIRED THAT THE CITY ADMINISTRATION
WOULD PROVIDE ASSURANCES AS TO THE CITY'S POSITION IN SAID DEAL --
STIPULATE THAT IF, BY AUGUST 30TH, APPLICANT DOES NOT COME TO THE CITY
WITH SOLID CASH, ALL CITY PERMITS WILL EXPIRE (Applicant: Planning,
Building & Zoning Dept.).
------------------------------------------------------------------------------
Mayor Suarez: PZ-19. Is this...
Mr. Sergio Rodriguez: Chinatown.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Isaac.
Commissioner Dawkins: Yes. Mr. Shih.
Mayor Suarez: Shih.
Commissioner Dawkins: Mr. Mayor. I have been asking...
Mayor Suarez: We've been saying "she, she, she,", but we're about to say no,
no, no.
Commissioner Dawkins: Come on, Mr. Shih. Mr. Mayor, I'm going to ask Mr.
Shih one question and after he answers it, I'm going to have one statement.
Mr. Shih,...
303 April 30, 1992
Mayor Suarez: Is it a question that requires for him to be sworn in?
Commissioner Dawkins: No. Do you have the money to do this project?
Mayor Suarez: Should have sworn him in. Let me swear him in.
Commissioner Dawkins: Swear him in, Mr. Mayor.
Mayor Suarez: Please swear him in.
Commissioner Dawkins: Both of them.
Mayor Suarez: I'm not sure he's going to want to answer...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Dawkins: Mr.... Somebody over there. If we, in any way, should
extend this, 1s there any assurance that the money is there?
Mr. Gary Brown: Good evening. Gary Brown, office address 11077 Biscayne
Boulevard. I will respond on Mr. Shih solely because he is very slow with the
English language. I have been sworn and I have discussed this matter at
length with Mr. Shih this week. Very familiar with the financing for the
project.
Commissioner Dawkins: Yes or no?
Mr. Brown: The answer is yes.
Commissioner Dawkins: Thank you.
Mr. Brown: He has the money to proceed with the project.
Commissioner Dawkins: Now. Thank you.
Commissioner Plummer: May I further inquire as to the amount that he has?
I'm assuming indication by your answer in the affirmative that that money is
in some way guaranteed or in the bank, and I would like to know the amount of
that guarantee or the deposit in the bank.
Mr. Brown: We will be very specific with you. Mr. Shih informed me this week
that he has been funded by an equity investor, prior to any paperwork being
generated between him and the investor, for two hundred and fifty thousand
dollars. In order to obtain permits, pay impact fees, pay his contractors,
permit expediter. That person...
Commissioner Plummer: Well, that...
Mr. Brown: May I continue?
Commissioner Plummer: Sure.
304 April 30, 1992
Mr. Brown: That person will be arriving May 10 into the City. That equity
Investor has committed a minimum of one million dollars to commence the
project. A minimum of one million dollars in order to commence.
Commissioner Dawkins: OK. Let me say this, Mr.... And see if Mr. Plummer
can... Mr. Shih, we have gone along with you and I am going to attempt to get
my fellow Commissioners to go with you through May, June and July. When we go
and recess and come back in August, if you have not started whatever you're
supposed to do, we will have to withdraw any and all and everything. Now my
reasoning for saying this is, if you go back to PZ-4, the Equitable Life
Insurance Society of the United States requested an extension of time to build
out the second phase of their project. By extending you for three months, I
don't feel we're doing any less or any more for you than we did for them. But
somewhere along the lines, Mr. Shih, you will either have to do the project or
come and tell us you can't do it.
Vice Mayor Alonso: Commissioner, we only have a problem... At least I'd like
to say I do have a problem. I've been very supportive of this project all
along, but I have problems. If he cannot obtain a bond that will guarantee to
us, we have nothing. I believe that you need only a very small amount of
money, maybe twenty-five hundred dollars to purchase the bond that you need to
place with us, and if not, you will need two hundred and fifty thousand
dollars. In a project of this nature, if you don't have that kind of money, I
have doubts you will be able to complete this project. So I could not go
along with this, unless we are shown proof that we are guaranteed, and the
only guarantee we will have is a bond, a performance bond.
Commissioner Plummer: Excuse me. Let me tell you what bothers me more.
Let's remember what this bond is for. This bond is to assure that a...
Vice Mayor Alonso: Completion.
Commissioner Plummer: No. A parking structure will be built to comply with
what he is not putting in phase one. Now, as I recall the drawings and the
things that I saw, the parking structure itself was in the neighborhood of a
million dollars. This project, as I recall, also started out at a hundred
million dollar project and we are now down to one million dollar project.
Now, I don't know what is being planned to be built for the one million. The
initial plan at the last time he was here, just one restaurant for seating of
two hundred and sixty people, I would assume would cost all of that amount of
money. But more concern I have, is the reason for the bond was the parking,
and that within itself was a million. And if he can only generate a million
to build whatever he's going to build, where is he going to get the million to
build the parking?
Mr. Brown: If I may respond.
Commissioner Plummer: Sure.
Mr. Brown: I don't know how often you get a builder/developer to come in
prior to obtaining permits to show the financial wherewithal and ability to
complete the project. The only way I can give this Commission one hundred
percent certainty is to walk in and show you a bank balance of five or six
million dollars, in the bank to construct. I don't know the last time that
has occurred in front of this Commission.
305 April 30, 1992
Vice Mayor Alonso: But excuse me one minute.
Commissioner Plummer: Whoa. Whoa.
Vice Mayor Alonso: Not often you see this Commission bending back and forth
to help a project.
Mr. Brown: We acknowledge that.
Vice Mayor Alonso: We have changed ordinance, we have gone back and forth to
help him.
Mr. Brown: We acknowledge, but it's very difficult...
Commissioner Plummer: Sir, are you aware... Excuse me. Are you aware when
you make those kind of statements, that his project phase one does not have a
one parking space?
Mr. Brown: It does have...
Commissioner Plummer: I don't know of any project that I can ever remember
that this Commission has approved...
Mr. Brown: For clarification...
Commissioner Plummer: ... that didn't have a parking space.
Mr. Brown: For clarification, it ended up with eighty spaces.
Commissioner Plummer: What's that? Excuse me.
Mr. Brown: For clarification, it ended up with eighty spaces,...
Commissioner Plummer: Where?
Mr. Brown: ... as approved. The rear of the property.
Commissioner Plummer: Where?
Mr. Brown: In the rear...
Commissioner Plummer: Where are the eighty spaces?
Mr. Brown: In the rear of the property.
Commissioner Plummer: Huh?
fl
' Mr. Brown: The eastern portion of the property.
Commissioner Plummer: To the department.
Mr. Rodriguez: He was required to have three sixteen, and they provided
eighty in the plan.
306 April 30, 1992
Mr. Guillermo Olmedillo: Which is the variance that this...
Mr. Rodriguez: That's the variance.
Mr. 0lmedillo: ... Commission issued.
Mr. Rodriguez: From eighty to three sixteen.
Mr. 0lmedillo: And the conditions of the variance were based upon the bond
and certain other things.
Mr. Rodriguez: To pay for the difference.
Commissioner Plummer: Fine.
Mr. Brown: We acknowledge that the City Commission and staff has gone out,
assisted Mr. Shih in the development stages of this project. We acknowledge
the concerns of financing. What we would proffer today... I understand what
the concerns is with the mortgage. We've been dealing with this for six
months. Prior to demolition of the buildings, he will post the bond for two
hundred and fifty thousand dollars. The bond will be posted.
Commissioner Plummer: Now, when will he commence building?
Mr. Brown: I'm sorry. Can you repeat that?
Commissioner Plummer: When will he commence building? When wi 11 he start
building?
Commissioner Dawkins: When will he start to build?
Mr. Brown: He's obtained permits, which are being maintained in escrow
pursuant to agreement with Planning and Zoning. I believe the permits have a
shelf life of six months.
Mr. Rodriguez: Let me tell you what I did to preserve the variance. We
granted them a building permit based on the foundation permit, and we are
holding in escrow the plans subject to your decision today, because otherwise
the variance will have expired on April 21st. So, at this point, they have a
permit that they cannot use.
Vice Mayor Alonso: How much will he have to pay at the time he obtains his
building permit? Do you know?
Mr. Brown: The impact fees?
Mr. Rodriguez: He has to pay for the impact fee for the County and the
City...
Vice Mayor Alonso: How much are we talking about? - approximately.
Mr. Rodriguez: Let me see if I can get that figure.
307 April 30, 1992
Mr. Brown: We have... The permit expediter could respond to that. It's my
understanding it's between a hundred and a hundred and fifty thousand dollars.
Commissioner Plummer: Well, I bet all of that...
Vice Mayor Alonso: How much? Three hundred thousand, he said?
Ms. Judith Witkin: No, it's... To Dade County Building and Zoning, it's forty
thousand five hundred dollars and two cents.
Mayor Suarez: Are you the permit expediter?
Ms. Witkin: Yes. Yes.
Mayor Suarez: Is that what he said?
Mr. Brown: Yes.
Ms. Witkin: Yes.
Mayor Suarez: Today is the day.
Ms. Witkin: I've been doing it for ten years.
Mayor Suarez: Today, the permit expediter.
Vice Mayor Alonso: And, to us...
Mayor Suarez: You look a lot nicer than a permit expediter.
Commissioner Plummer: I think we better get her on the record and get her
sworn in, if she's going to be making statements as such. Madam Clerk.
Mayor Suarez: Well, she couldn't be lying about her title, because nobody
would lie about being a permit expediter, I'll tell you that.
Ms. Witkin: I have a receipt from Dade County Building and Zoning showing...
Mayor Suarez: Ma'am.
Ms. Witkin: Yes.
Mayor Suarez: If we are going to get more testimony, we need to swear you in
as a permit expediter.
Vice Mayor Alonso: He already paid? No.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Your name for the record.
Ms. Witkin: Judith Witkin.
308 April 30, 1992
y
Commissioner Plummer: And your address?
Ms. Witkin: 2780 Douglas Road, Suite 204, Coral Gables, Florida.
Commissioner Plummer: Now, what is the impact fee that they will owe to the
City? I heard the County.
Ms. Witkin: A dollar thirty-nine a square foot.
Commissioner Dawkins: Equals what?
Commissioner Plummer: OK. How many square feet?
Mr. Brown: (OFF MIKE) Seventy thousand square feet.
Ms. Witkin: Seventy thousand square feet.
Commissioner Dawkins: You know, my only concern, my fellow Commissioners, is
that in the event this is turned down, it's going to take just as long to get
somebody to do a project anyway, so since this is supposed to be, supposed to
be near the end, I was hoping that he would be given another chance. But, I'm
going to say, truthfully, that this Commission has bent over backwards in
order to meet this individual, and I can't expect any differently. Although,
I would love to say that if you haven't done anything by August, you can't do
anything. But there again, I will go with the will of this Commission.
Vice Mayor Alonso: My concern is, if he starts construction, if he starts
construction - because I'm not certain that he will be able to, I hope he
will - what if he doesn't have the money to complete it? It seems to me that
when you're talking about a project that cost several million dollars, you
have no problems in getting a bond where you have to pay twenty-five hundred
dollars. When you have to put in escrow two hundred and fifty thousand
dollars, you usually have this kind of money. I've been in the construction
business, and you really have to have this kind of cash in order to know that
you will be able to complete the project. When you go for the first draw on
the bank, even if you're getting the financing, you have to pay. You have to
pay from your own money, and then collect from the institution. If he's
having so much trouble getting together at the beginning of the construction,
what if he can never get the second phase? We don't have any guarantee. What
do we get? - an apartment in New York?
Mr. Shih: promised me the New York property assessed value for
the mortgage o the City instead of a performance bond, the City Attorney the
New York Miami property. I used the Miami properties...
Vice Mayor Alonso: Yes, because the only use for us we'll start sending our
employees, and we say incentives, we send you to New York for a weekend. We
can do that.
Mayor Suarez: No, we can't take New York property as guarantee of obligations
in Miami.
Mr. Shih: Mr. promised me. They gave me the suggestion and
told me to do that. And I have investor come from the Far East, they say why
309 April 30, 1992
the City give you that much trouble? I want to see the permit. It was ... How
can get money for you, and I cannot lose my investor.
Vice Mayor Alonso: Excuse me. Correction. The City did not give you any
trouble. On the contrary, the City of Miami have changed ordinance for you.
Mr. Shih: I appreciate that, but...
Vice Mayor Alonso: So we have not given you any trouble. On the contrary.
Mayor Suarez: Let me add into all of this the letter received with today's
date from the Miami Design Preservation League signed by Nancy Leedman, and
one paragraph of it is very telling. I'd like the entire thing in the record,
but the one paragraph says, "The League urges the City of Miami Commission to
protect the public's interest and reject all efforts to demolish the Alongquin
and Priscilla Apartment until such time as Mr. Isaac Shih can provide the City
with the required two hundred and fifty thousand dollar cash performance
bond." Etcetera, etcetera. I think this is a very reasonable request.
Mr. Brown: We agreed to that. We agree. We proffer that we will post the
bond prior to utilizing the demolition permit.
Mayor Suarez: A cash bond?
Mr. Brown: Cash bond.
Mayor Suarez: By when?
Mr. Brown: Performance bond.
Vice Mayor Alonso: By when?
Mr. Rodriguez: What is the date?
Mr. Brown: Prior to expiration of the permits. The permits have a shelf life
of six months. That's my understanding.
Mayor Suarez: Well, the permits may have a shelf life of six months, but we
have a half life of a lot less than that with this project.
Mr. Brown: But what's the harm? With all due respect, Mr. Mayor. What's the
harm...
Commissioner Plummer: The City Attorney is saying...
Mr. Brown:... to give him the period...
Commissioner Plummer: Mr. Mayor.
Mr. Brown:... of time that the permits are in effect?
Commissioner Plummer: The City Attorney is requesting a date certain.
Mayor Suarez: Date certain. Let's go for date certain.
310 April 30, 1992
Vice Mayor Alonso: Well, Commissioner Dawkins...
Mr. grown: What's...
Vice Mayor Alonso:... had a suggestion. I think he said...
Mr. Brown: What's the harm in giving it the shelf life?
Vice Mayor Alonso:... by August. Right?
Mayor Suarez: By August.
Vice Mayor Alonso: OK. Let's follow his suggestion then.
Mayor Suarez: Thirtieth? Thirty-first?
Commissioner Dawkins: August thirty... I mean, we are recessed. When we come
back in September, if he hasn't done anything, it's dead.
Mayor Suarez: Up until August 31st.
Mr. Brown: Well,...
Miriam Maer, Esq.: If you...
Mr. Rodriguez: Actually, if he hasn't provided us with the performance bond,
in cash, real money, not tied to anything, by August 30, the permit will
expire.
Mayor Suarez: All right. I'll go with that.
Mr. Rodriguez: And the variance that goes with it expires.
Mayor Suarez: I'll go with that.
Vice Mayor Alonso: OK. I do, too.
Mr. Rodriguez: And I believe also that you're tying this to no demolition
permit will be...
Mayor Suarez: Absolutely.
Mr. Rodriguez:... given...
Mayor Suarez: No demolition...
Mr. Rodriguez:... used by them...
Vice Mayor Alonso: No demolition.
Mr. Rodriguez:... until the performance bond has been posted.
Mayor Suarez:... until the cash is in hand.
311
April 30, 1992
Vice Mayor Alonso: OK.
Mayor Suarez: Tell that to the Far East investors, and the Near East
investors, and all the Eastern investors, and Western investors. What could
you possibly add to this at point? Are you...
Commissioner Dawkins: Swear in.
Mayor Suarez: Are you from the Preservation?
Ms. Louise Yarbrough: Of course.
Mayor Suarez: Ah. That's not enough? - what we're just about to do to make
sure...
Vice Mayor Alonso: No demolition.
Mayor Suarez:... that they do have the cash before they even get a demolition
permit?: Because that's what was requested in the letter from Ms. Leedman.
Ms. Yarbrough: Well, I... Should I be sworn in?
Mayor Suarez: I guess so.
Ms. Yarbrough: All right.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Yarbrough: I'm Louise Yarbrough, Executive Director of Dade Heritage
Trust. The problem is not just the performance bond payment before the
demolition. The problem is, what happens after the buildings are demolished,
and there's not enough money to build the project? Then we're left with more
parking lots. We feel very strongly that there should be some kind of
requirement...
Commissioner Plummer: Say again.
Ms. Yarbrough:... that before the buildings are demolished, that there be a
guarantee that there is a project that is going to take place.
Mayor Suarez: Well, the typical...
Vice Mayor Alonso: Well, can we...
Mayor Suarez: The typical...
Vice Mayor Alonso:... go that far?
Mayor Suarez: Yeah, the typical designation of historic preservation for
these buildings would call for a six-month period between which the person
3
applies for demolition and gets the permit.
312 April 30, 1992
AIM
Commissioner Dawkins: May I ask a question.
Mayor Suarez: In this case, we're giving four months to prove that they're
actually going to do something there. I don't know what else we can do.
- Commissioner Dawkins: May I ask a question, Mr. Mayor?
- Ms. Yarbrough: Well, as I've understood what they've said, they said they're
going to post the bond before they demolish the buildings, but posting the
bond is...
Mr. Rodriguez: Yeah. I think the point...
Commissioner Dawkins: Let me...
Mr. Rodriguez: ... she is trying to make is that maybe if we can tie the
demolition of the building to the actual approval of the final building
permits,...
Mayor Suarez: You want to have some control over the design and so on.
d
Vice Mayor Alonso: I don't think...
r
Mr. Rodriguez: I think what they are concerned...
Vice Mayor Alonso: ... they will pay that amount of money, unless they are
going to...
Mr. Rodriguez: You see, the concern is that they will have - and...
Commissioner Plummer: What the hell does that accomplish?
Mr. Rodriguez: ... they will demolish the building,...
Mayor Suarez: And then do nothing.
Mr. Rodriguez: ... do nothing, and destroy a building for no reason.
Mayor Suarez: And we have an empty lot there.
Commissioner Plummer: So they pull building permits. That don't mean they're
going to build.
Vice Mayor Alonso: If they pay that amount of money, I'm sure they will...
Ms. Yarbrough: I'm not...
Vice Mayor Alonso: Well, if they...
Commissioner Dawkins: What difference does it make if a building is there
historical, or if it's pushed down? What is there to be gained? I hear you
say that they must say that if it's pushed down, they must do something. If
they don't push it down, the building is just sitting there historical. So
what?
313 April 30, 1992
j
Ms. Yarbrough: There are a lot of costs that are incurred when you demolish a
building.
Commissioner Dawkins: No, ma'am. That was not my question. My question to
you is, that you say that if they push the building down, and don't put
nothing else up there, you've got a problem and you have a building there that
nothing is in that has been declared historical. There's still nothing in it.
So, what is there to be gained, one way or the other?
Ms. Yarbrough: Well, there was something in it before he moved the people
that were living there out.
Commissioner Dawkins: All right. Does the Historical whatever it is, have
money enough to bring it up where it can up to Code and be used?
Ms. Yarbrough: It is not our property.
Commissioner Dawkins: Well, then...
Ms. Yarbrough: It's Mr. Shih's property.
Commissioner Dawkins: Well, then why are you worrying about it?
Ms. Yarbrough: Because it's part of the heritage of this town.
Commissioner Dawkins: Well, does the Heritage have money to do something with
it?
Ms. Yarbrough: The Heritage is countywide.
Commissioner Dawkins: No, no.
Ms. Yarbrough: The City is the custodian of the heritage of this County.
Commissioner Dawkins: I'm talking about what you're talking about within the
City of Miami. Does the Heritage have money to make this a sound structure
that is safe, sound and usable?
Ms. Yarbrough: That I can't answer. As far... I don't know who you're
referring to as the Heritage of Miami.
Commissioner Dawkins: I wouldn't care if it was the Smithsonian Institute
Heritage. You need money.
Ms. Yarbrough: That's true.
Commissioner Dawkins: Thank you.
Ms. Yarbrough: I don't doubt... I don't disagree...
Mayor Suarez: The Heritage of Miami, there is a sailboat out there that's
named that.
314 April 30, 1992
E
i
i
1
Ms. Yarbrough: There is sails out... Yes, true.
.� Commissioner Plummer: Well, while you're on that...
Mayor Suarez: But I know that's not what we're talking about here.
Commissioner Plummer: What is Dade Heritage doing about that damn building on
Watson Island that's been sitting there for five years that's accumulating...
Mayor Suarez: The Brown House.
Ms. Yarbrough: We're waiting for the City to decide what they're going to do
with Watson Island so that we can proceed with the problem.
Commissioner Plummer: That thing has been sitting there like a sore thumb.
Mayor Suarez: I like that. You said that with a straight face. That was
real good.
Commissioner Plummer: I mean, would you either go either over there and fix
the damn thing, or tear it down? I mean, it's a disgrace.
Ms. Yarbrough: Well, we're going to do something with it when we get...
Commissioner Plummer: When? I keep asking. Five years I've been asking.
Ms. Yarbrough: Well, you tell me.
Commissioner Dawkins: Oh, you're saying if I get... What do I have to do? -
tell you to tear it down.
Ms. Yarbrough: No, sir.
Commissioner Plummer: I mean, after the thing collapsed on MacArthur
Causeway, wasn't that enough embarrassment?
Ms. Yarbrough: That was historic in itself.
Mayor Suarez: That was... We took pictures like Christo, you know. We should
have taken pictures of it when it fell apart and sold the pictures for
other...
Commissioner Plummer: Can we sell the rocks or the bricks or...
Mayor Suarez: All right, Commissioners. This is a...
Commissioner Plummer: What?
Mayor Suarez: ... project that we have discussed and...
Vice Mayor Alonso: At length.
—` Mayor Suarez: ... modified the conditions,...
315 April 30, 1992
Commissioner Plummer: Well, put the conditions on the record.
Mayor Suarez: ... bent over backwards...
Commissioner Plummer: What are the conditions you want, Planning Department?
Mr. Rodriguez: Let me try to summarize what I think is your wish. The plans
will be kept in escrow by the Department until two hundred and fifty thousand
dollars bond be deposited in cash and acceptable to the City Attorney before
demolition. And also before demolition that all necessary fees are paid and
the final building permit is approved. And if this not done by August the
30th, the variance will end.
Commissioner Dawkins: Amen!
Commissioner Plummer: Well, wait a minute.
certain. I didn't hear that.
Mr. Rodriguez: August 30.
Mayor Suarez: August 30. He just put it in.
Commissioner Plummer: August the 30th?
Mayor Suarez: You're getting tired.
She was asking for a date
Mr. Rodriguez: At that point, the variance will end.
Ms. Maer: Right. That's the end of the variance at that point.
Mr. Brown: Can we clarify a few points on the existing resolutions?
Mayor Suarez: I wouldn't if I were you.
Mr. Brown: Is the mortgage still required? Have we deleted the requirement
for mortgage and substituted it with the bond?
Mayor Suarez: If it's a cash bond, the mortgage is not an issue.
Ms. Maer: No, the mortgage would no longer be an issue. What we're doing is
we're clarying that condition of the variance.
Mr. Brown: Thank you.
Mayor Suarez: Right. We always take cash over a mortgage. Particularly a
mortgage over some property in New York City or...
—?r Commissioner Plummer: In God we trust. All others pay cash.
s
i Mayor Suarez: Wherever it was that he was going to...
r
Vice Mayor Alonso: Sergio was delighted to go to New York.
316 April 30, 1992
Mayor Suarez: Yeah, Sergio was going to be trying out the apartment in New
York City, but I guess he doesn't get to fly up there now. All right. Do we
have a motion on this?
Commissioner Dawkins: So moved.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any further discussion? If not, please... Do we have
to read anything, Madam City Attorney?
Ms. Maer: I beg your pardon? I was...
Mayor Suarez: It's just a resolution?
Ms. Maer: It's just a resolution. Yes, sir.
Mayor Suarez: Call the roll. With all the provisos that have been read into
the record.
317 April 30, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-268
A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE
CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-
92, ADOPTED JANUARY 24, 1991, AND AMENDED BY
RESOLUTION NO. 91-779, ADOPTED OCTOBER 24, 1991, WHICH
GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY DELETING THE CONDITION WHICH REQUIRED THAT
THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH
RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND
THE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO
LESS THAN $250,000 AND REQUIRING THAT THE APPLICANT
POST AN AMOUNT OF $250,000 IN CASH, ON OR BEFORE
AUGUST 30, 1992, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; BY CHANGING THE DATE BY WHICH THE
CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S
PROJECT SHALL COMMENCE; BY DELETING THE CONDITION OF
SAID VARIANCE WHICH REQUIRED THE CITY OF MIAMI
("CITY") ADMINISTRATION AND THE CITY ATTORNEY TO
PROVIDE ASSURANCES TO THE CITY COMMISSION THAT, "THE
CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000";
CLARIFYING THAT ALL PLANS AND PERMITS SHALL BE KEPT IN
ESCROW BY THE PLANNING, BUILDING AND ZONING DEPARTMENT
AND THAT NO DEMOLITION OR CONSTRUCTION SHALL TAKE
PLACE AT THE BISCAYNE BOULEVARD PROPERTY OR AT THE
NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME THAT THE
APPLICANT POSTS SAID $250,000, PAYS ALL FEES THAT ARE
DUE FROM THE APPLICANT RELATED TO THE CHINATOWN
PROJECT, INCLUDING BUT NOT LIMITED TO, DADE COUNTY
IMPACT FEES AND CITY OF MIAMI IMPACT FEES, AND THAT
THE PLANNING, BUILDING AND ZONING DEPARTMENT APPROVES
THE FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD THE
APPLICANT FAIL TO POST SAID $250,000, PAY ALL FEES
DUE, OR OBTAIN APPROVAL OF THE FINAL BUILDING PERMIT
ON OR BEFORE AUGUST 30, 1992, THE VARIANCE GRANTED BY
RESOLUTION NO. 91-92, AS AMENDED BY RESOLUTION NO. 91-
779, SHALL EXPIRE; FURTHER, BY DELETING THE CONDITION
THAT A CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE
POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD
PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY AND THE
NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
318 April 30, 1992
f
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: It's passed already. Yes, I vote yes. But I sure hope that...
COMMENTS MADE AFTER ROLL CALL.
Vice Mayor Alonso: I was going to vote no.
Mayor Suarez: ... this is the last we hear...
Vice Mayor Alonso: I just gave the last try.
Commissioner Plummer: When do we meet the next time?
Vice Mayor Alonso: If it doesn't work, let's forget this.
Mr. Brown: Quick...
44. EMERGENCY ORDINANCE: AMEND CODE SECTION 62-61 (SCHEDULE OF FEES) -- ADD
A MAXIMUM FEE FOR RESUBMITTAL OF APPLICATIONS FOR VACATION OF PUBLIC
RIGHT-OF-WAY (ROW) -- DELETE PROVISION LIMITING MAXIMUM FEE TO BE
CHARGED ANY GOVERNMENTAL AGENCY OTHER THAN THE CITY OF MIAMI FOR ANY
HEARING.
Mayor Suarez: PZ-20 and 21 are the ones that...
Commissioner Plummer: No, we're going home. It's after nine o'clock.
Mayor Suarez: The School Board is concerned with...
Vice Mayor Alonso: Oh, yes. I move.
Commissioner Plummer: What?
Mayor Suarez: Miss Rose has been here all day.
Mr. Brown: Thank you.
Commissioner Dawkins: Moving what? What's been moved?
Vice Mayor Alonso: School Board. It's... Explain it to him.
319 April 30, 1992
Mr. Jim Kay: Item PZ-20 and 21...
Vice Mayor Alonso: The fees...
Mr. Kay: ... are related items.
Vice Mayor Alonso: ... so they do not have to pay twice.
Mr. Kay: PZ-20 is an emergency ordinance to provide for a - or to establish a
maximum fee for resubmittal of applications for vacation and closures of
streets relative to plats. It also...
Commissioner Plummer: Why would we do away with the fee?
Mr. Kay: No. This is... This is a fee for resubmittals. We still maintain a
fee of seventy-five cents a square foot for the initial application.
Commissioner Plummer: OK.
Mr. Kay: And what happens is that if that plat expires within one year, then
the applicant has to start over again, and that means they have to...
Commissioner Plummer: Well, that's... Doesn't everybody have to do that?
Mr. Kay: Every has to do that, but...
Vice Mayor Alonso: But we are going to put a time limitation in the next
item.
Mr. Kay: Pardon?
Vice Mayor Alonso: In the next item, we should put a time limitation.
Mr. Kay: Right. That also... That's why I say they're related items.
Commissioner Plummer: So in other words, the School Board has got to replat?
Mr. Kay: The School Board has to resubmit their plat all over again after a
one-year period at this point in time.
Commissioner Plummer: And if they were a private sector, would they not have
to repay?
Mr. Kay: No, this would be a resubmittal for everybody.
Miriam Maer, Esq.: This would apply across the board.
Mr. Kay: This applies to both private and public. The resubmittal fee.
Commissioner Plummer: That's what I said.
' Mr. Kay: Yeah.
320 April 30, 1992
Commissioner Plummer: But why don't they... Why do they feel they shouldn't
have to pay?
Mr. Sergio Rodriguez: Everybody would have to pay.
Mr. Kay: They are...
Mr. Rodriguez: What we are doing is, instead of charging the same fee all
over again, the same amount, we are establishing a maximum fee of fifteen —
hundred dollars and it's seventy-five cents per square foot
Connissioner Plummer: What do you recommend?
Commissioner Dawkins: Is that for...
Mr. Rodriguez: We're recommending approval of this.
+' Commissioner Dawkins: Is that every...
Commissioner Plummer: I move approval.
Commissioner Dawkins: Hold it. Hold it, J. L. Wait please.
Commissioner Plummer: What?
Mayor Suarez: PZ-20 has been moved.
Mayor Suarez: Seconded by the Vice Mayor.
i
Commissioner Dawkins: Under discussion. Does this apply to everybody...
i
Mayor Suarez: At this time of the day.
Commissioner Dawkins: ... who applies in the City of Miami?
Mr. Rodriguez: For resubmittals, yeah.
Mr. Kay: Yes.
Commissioner Dawkins: Beg your pardon?
Mr. Kay: Yeah.
,P
Mr. Rodriguez: For resubmittal, yes.
i
Commissioner Dawkins: Everybody.
Mr. Kay: Yes.
Mr. Rodriguez: Everybody.
Mayor Suarez: They want to know if whatever it is that we're doing, applies
evenly to everybody. That's what they want to know. So you can just say,
"yes, it does apply to everybody equally." Does it not?
321 April 30, 1992
Vice Mayor Alonso: It's the right thing to do.
Mr. Rodriguez: I feel compelled to explain.
Commissioner Plummer: And how much will we get out of this?
Mayor Suarez: At the Kennedy School of Government, they would call that
horizontal equity.
Commissioner Plummer: How much are we going to get out of this?
Mayor Suarez: Or vertical equity. One of the two.
Commissioner Plummer: How much are we going to get out of this? A lot of
money?
Mr. Kay: To the best of my knowledge,...
Commissioner Dawkins: It's after nine o'clock.
Mr. Kay: ... this is the first time that we've had a resubmittal on a
vacation and closure.
Mr. Rodriguez: Part of the problem is in the process of agencies, they take
longer to go through the whole deal than the private...
Mayor Suarez: You're not going to get any money. It's the School Board.
They do an important function. Call the roll. Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 62-61,
ENTITLED "SCHEDULE OF FEES," AS AMENDED, TO ADD A
MAXIMUM FEE FOR THE RESUBMITTAL OF APPLICATIONS FOR
VACATION OF PUBLIC RIGHT-OF-WAY, AND TO DELETE THE
PROVISION LIMITING THE MAXIMUM FEE TO BE CHARGED ANY
GOVERNMENTAL AGENCY OTHER THAN THE CITY OF MIAMI FOR
ANY PUBLIC HEARING; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
322 April 30, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10980.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
45. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 54.5 (SUBDIVISION REGULATIONS),
SECTION 54.5-7 (SAME [PLATS AND PLATTING] -PROCEDURE -CONFERENCE AND
TENTATIVE PLAT) -- PROVIDE EXEMPTION TO GOVERNMENTAL ENTITIES / AGENCIES
j FROM THE ONE-YEAR TIME FRAME REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY
- CITY COMMISSION AFTER APPROVAL OF TENTATIVE PLAT BY THE PLAT AND STREET
COMMITTEE - — AMEND SECTION 54.5-13 (REQUIRED IMPROVEMENTS) BY PROVIDING
A WAIVER OF BOND REQUIREMENT FOR REQUIRED IMPROVEMENTS FOR GOVERNMENTAL
_ ENTITIES / AGENCIES.
i
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Mayor Suarez: PZ-21. I'll entertain a motion.
Vice Mayor Alonso: Yes, with time limitation. Extension to two years,
maximum.
Mr. Sergio Rodriguez: Yeah. I want to add the following language. The
language that has been added is, "except for governmental entities and
agencies," "and I would like to add, where this time will be valid up to two
years."
Mayor Suarez: OK. So moved.
323 April 30, 1992
Commissioner Plummer: Second.
Mayor Suarez: Discussion? If not, please read the ordinance.
Commissioner Plummer: Wait, wait, wait. Why are these emergencies? Justify
the emergency.
Mr. Jim Kay: The School...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD).
Commissioner Plummer: Ohl Well, wait just a minute here now.
Vice Mayor Alonso: What did she say?
Commissioner Plummer: That the plats are going to lapse?
Vice Mayor Alonso: Yes, that's right.
Commissioner Plummer: By their own problem?
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Have lapsed.
Commissioner Plummer: Huh?
Commissioner Dawkins: They have lapsed?
Mr. Kay: No. They're going to lapse. We have two plats that are going to
lapse the first week of May.
Commissioner Plummer: And how much would that be in dollars to the City?
Mr. Kay: Not much.
Commissioner Plummer: Huh?
Mr. Kay: Not much. Because they would just...
Commissioner Plummer: Small amount of money?
Mr. Kay: We're talking about seven hundred dollars for the plat...
Commissioner Plummer: OK. All right. Let it run.
324 April 30, 1992
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCEAMENDING CHAPTER 54.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING
SECTION 54.5-7 ENTITLED "SAME [PLATS AND PLATTING -
PROCEDURE -CONFERENCE AND TENTATIVE PLAT", BY EXTENDING
FROM ONE YEAR TO TWO YEARS THE TIME FRAME REQUIRED TO F
OBTAIN FINAL PLAT APPROVAL BY THE CITY COMMISSION
AFTER APPROVAL OF THE TENTATIVE PLAT BY THE PLAT AND
STREET COMMITTEE FOR GOVERNMENTAL ENTITIES AND
AGENCIES; AMENDING SECTION 54.5-13 ENTITLED "REQUIRED
- IMPROVEMENTS", BY PROVIDING A WAIVER OF THE BOND
REQUIREMENT FOR THE REQUIRED IMPROVEMENTS FOR
GOVERNMENTAL ENTITIES AND AGENCIES; PROVIDING FOR AN
EFFECTIVE DATE; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Alonso and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10981.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
325
April 30, 1992
------------------------------------------------------- _
CNOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF PLANNING & ZONING ITEMS TO CONSIDER A
NON -AGENDA REGULAR ITEM.]
------------------------------------------------------
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46. (Continued Discussion) RESCIND PRIOR VOTE (M 92-257) WHICH HAD
EARMARKED SPECIFIC USE OF PREVIOUSLY APPROVED FUNDS ($29,000) ALLOCATED
TO CURE AIDS NOW (See labels 7 & 15).
------------------------------------------------------------------------------
Mayor Suarez: At the...
Mr. Dominick Magarelli: Yeah, Commission, I'm sorry...
Mayor Suarez: ... risk of losing our quorum here.
Mr. Magarelli: I'm sorry to keep you so long, but we're here to try to right
a wrong that happened today at the last Commission meeting that we had. Peter
Ramos will try to explain it to you.
Mr. Peter Ramos: Mayor, when were discussing the twenty-nine thousand dollars
for our drivers and you gave us twenty thousand of that dollars, twenty
thousand dollars for meals. Those twenty-nine thousand dollars, we have used
already, even though we have not been reimbursed yet.
Mayor Suarez: You've already...
Mr. Ramos: You have taken our salaries...
Mayor Suarez: ... earmarked or actually...
Mr. Magarelli: We had to borrow...
Mayor Suarez: ... incurred the obligation to...
Mr. Magarelli: We borrowed money from private donations.
Mr. Ramos: And now you left us without drivers, and we need those because
those are the only two in the City of Miami...
Mayor Suarez: So you want us to undo the prior action of today.
Mr. Ramos: Please.
Mayor Suarez: And we do that simply by a motion to...
Vice Mayor Alonso: Well let me explain this. This is CDBG (Community
Development Block Grant) money. Could we give it for...
Commissioner Dawkins: Food.
326 April 30, 1992
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Vice Mayor Alonso: No.
Mayor Suarez: Social services money could have been...
Vice Mayor Alonso: Social services money.
Mr. Ramos: Budgeted items that were already budgeted.
Mayor Suarez: Yeah, we have already approved it with that...
Mr. Ramos: They already approved under the budget.
Vice Mayor Alonso: Can we give it for...
Mayor Suarez: All we're doing is undoing the action of today. I think.
Mr. Ramos: We originally came with the intent to ask for emergency food
money, but not to discuss the delay of the contract.
Mayor Suarez: The twenty-nine thousand which you have already applied to a
difference purpose, but in accordance with our procedures and our norms under
CDBG.
Mr. Magarelli: You reversed it and you took it back. Actually what you did
is you closed us down.
Mr. Ramos: And we need our drivers.
Mayor Suarez: I think what we did we tried to tell you to use...
Vice Mayor Alonso: We gave you twenty-nine thousand.
Commissioner Plummer: That's impossible. How can that be, sir, if you hadn't
received...
Mr. Magarelli: Because you put stipulations.
Mayor Suarez: They had obligated themselves to spend it in a particular way.
Mr. Magarelli: You put stipulations.
Commissioner Plummer: That's their problem, Mr. Mayor. That wasn't our
problem.
Mayor Suarez: Well but I... they didn't come here for us to create a problem
for them.
Mr. Magarelli: Mr. Commissioner...
Mayor Suarez: We approved it for a certain use.
Mr. Magarelli: what you did...
327 April 30, 1992
Mayor Suarez: We should allow it to be spent for whatever use we had approved
it. =
Mr. Magarelli: What you did, Mr. Commissioner, your intentions were good, but
they turned out wrong. You put conditions on a contract that we already have =
with you. That was for our drivers, which we need, we're out of the water
without the drivers.
Vice Mayor Alonso: When you requested the money originally...
Mr. Magarelli: All we want you to do...
Mayor Suarez: We didn't realize that they had obligated the money already.
Mr. Magarelli: ...just reverse it. Just reverse it that's all we want now.
Vice Mayor Alonso: ...you request it for what?
Mr. Ramos: For drivers.
Vice Mayor Alonso: For drivers.
Mr. Ramos: You have been funding us for three years for drivers.
Mayor Suarez: Right. We've been funding the distribution system.
Mr. Magarelli: We've been paying for the City of Miami people food out of our
own pocket.
Commissioner Plummer: They said that they needed twenty thousand dollars
($20,000.00) for the two months.
Mayor Suarez: It was emergency food.
Mr. Magarelli: Mr. Commissioner, we can't get this... we can't see to get
this across, Mr. Commissioner. That was an additional item. That had nothing
to do with the twenty-nine thousand dollars ($29,000.00).
Mayor Suarez: Well, what I propose is simply to undo the action of today.
Mr. Magarelli: That's what we would like.
Mayor Suarez: Allow our administration to work with them on the disbursement
of the twenty-nine thousand in accordance...
Mr. Magarelli: Thank you.
Mayor Suarez: ...with the prior action of this Commission.
Mr. Magarelli: If you'll do that...
Mayor Suarez: Yes.
Mr. Magarelli: If you'll do that that would...
328 April 30, 1992
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L]
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Vice Mayor Alonso: Mr. Mayor, and I am sure...
Mayor Suarez: In accordance with the prior action, but we have to undo the
motion that we passed today.
Vice Mayor Alonso: Mr. Mayor, are you certain that when they... remember this
is federal money.
Mr. Magarelli: We're already under contract, Commissioner.
Vice Mayor Alonso: They requested that money for salaries or for food?
Mayor Suarez: We are going back to the status quo before today's hearing.
Mr. Magarelli: Exactly.
Mayor Suarez: But just to be absolutely sure you understand the
Administration will supervise the disbursement...
Mr. Magarelli: That's fine.
Mayor Suarez: ...of that money in accordance with our prior allocation of it
in our prior motion.
Mr. Magarelli: They've been doing that right along.
Mayor Suarez: All right. So moved by Commissioner Dawkins.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded by Vice Mayor Alonso.
Vice Mayor Alonso: On the basis that it will be clarified the reason that
they... if they requested the money for food, for salaries whatever...
Mr. Magarelli: Fine. That's all.
Vice Mayor Alonso: ...we approve then on the basis of that I second the
motion.
Mr. Magarelli: Thank you very much.
Mayor Suarez: Thank you.
329 April 30, 1992
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-269
A MOTION RESCINDING PRIOR MOTION 92-257 WHICH HAD
PREVIOUSLY ALLOCATED $29,000 FOR CURE AIDS NOW AS
FOLLOWS: (a) $20,000 FOR FOOD -RELATED COSTS, AND (b)
$9,000 FOR PERSONNEL EXPENSES.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I guess there's a moral behind this story, which is, when
things are going reasonably well, don't mess around with it.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:15 p.m.
Xavier L. Suarez
N A Y 0 R
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
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18 96
330 April 30, 1992