HomeMy WebLinkAboutCC 1991-12-05 MinutesOF MEETING HELD ON _ .� J2EGF M B . R 5.:...�41 =
REGULAR AND PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
ITEM
SUBJECT,LEGISLATION
PAGE
NOS
NO.
i.
ENCOURAGE AND ' SUPPORT DISCOVERY OF
R 91-864
1-10
AMERICA QUINCENTENNIAL COMMITTEE
M 91,-865
CONCERNING CELEBRATION OF DISCOVERY OF
12/5/91
AMERICA - GRANT REQUEST FOR WAIVER OF
ALL FEES ASSOCIATED WITH THE DOCKING OF
CHRISTOPHER COLUMBUS CARAVEL REPLICAS;
LA NINA, LA PINTA, AND LA SANTA MARIA
INSTRUCT ADMINISTRATION TO IDENTIFY AS
MUCH IN --KIND ASSISTANCE AS POSSIBLE.
2.
WAIVE FEES- AT THE ORANGE BOWL IN
R 91-866
10-11
CONNECTION WITH THE ANNUAL- PIG BOWL
12/5/91
FOOTBALL GAME BETWEEN METROPOLITAN DADE
COUNTY AND CITY OF. MIAMI POLICE
DEPARTMENTS.
3.
GRANT REQUEST" BY ROSE OF SHARON
R 91-867
11-12
MINISTRIES, INC. TO CHANGE THE DATE OF
12/5/91
ITS NEIGHBORHOOD CRUSADE EVENT.
4.
DESIGNATE . DOUGLAS C. BROEKER OF
R 91-868
13-16
SWEETAPPLE, BROEKER, VARKAS, P.A." TO
12/5/91
ACT AS DESIGNATED < COUNSEL TO THE
NUISANCE ABATEMENT BOARD.
5.
BRIEF COMMENTS CONCERNING MANUEL
DISCUSSION
16
GONZALEZ-GOENAGA'S REQUEST FOR
12/5/91
INFORMATION AND TO SPEAK DURING
COMMISSION MEETINGS, (See, 39)
60
CONSENT AGENDA.
DISCUSSION
17
12/5/91
r,;
AdMinistratinn and Solid Waste).
6.2
ACCEPT BID: SOUTH FLORIDA MAINTENANCE
SERVICES, INC. - FOR FURNISHING
SPECIALIZED CLEANING SERVICES FOR WATER
SURFACE AREAS AT MIAMARINA AND OTHER
CITY WATERFRONT PROPERTIES.
6.3
ACCEPT BID: CARD CENTERS OF FLORIDA
FOR FURNISHING CARD SOFTWARE TO BE USED
BY THE CITY'S CADO SYSTEM (CIP 311019 -
Department of Public Works).
6.4
ACCEPT PROPOSALS: (a) RENNEE ROLLE-
DAWSON, ROLLE REALTY AND ASSOCIATES,
INC. (APPRAISERS), AND (b) EDWARD M.
WARONKER (MORTGAGE UNDERWRITERS) - TO
APPRAISE, FOR POSSIBLE ACQUISITION,
FAIR MARKET VALUE OF CERTAIN
PROPERTIES - IN AREA BOUNDED BY N.E.
61 AND 63 STREETS BETWEEN BISCAYNE
BOULEVARD AND N.E. 5 AVENUE (CDBG
FUNDS).
6.5
ALLOCATE $10,000 IN SUPPORT OF FESTIVAL
DEL NINO HELD AT BAYFRONT PARK.
6.6
ACCEPT DONATION ($50,000) FROM CONSULS
GENERAL OF BOLIVIA, VENEZUELA, PERU,
COLOMBIA, ECUADOR AND PANAMA - TO BE
USED FOR RENOVATION, RESTORATION AND
IMPROVEMENTS TO THE SIMON BOLIVAR
STATUE AND SURROUNDING PLAZA - RATIFY
ADMINISTRATION'S CONTRIBUTION OF DESIGN
AND TECHNICAL` ASSISTANCE - RATIFY
MANAGER'S ACTION IN ALLOWING CONSULS
GENERAL 'TO CONTRACT WITH A LICENSED
GENERAL' CONTRACTOR, SUBJECT TO MANAGER
ENTERING INTO AN' AGREEMENT PROVIDING
ASSURANCES TO THE CITY REGARDING
INDEMNIFICATION AND INSURANCE.
6.7
ACCEPT PLAT: EAST UTOPIA ESTATES.
R 91-870
12/5/91
R 91-871
12/5/91
R 91-872
12/5/91
R 91-873
12/5/91
R 91-874
12/5/91
R 91-875
12/5/91
j
18
18-19
19
19
4
20
20
74
(A) ACCEPT BID; EMULEX CORPORATION -
FOR PURNISWING TWO MICROCOMPUTER DISKS,
R1W6i61Y4
INSTALLATION AND EXTENDED MAINTENANCE
TO BE
R 91-5•1
i i /g1
USED WITH CITYls GEOGRAPHIC
INFORMATION SYSTEM. (a n).
(B) ACCEPT BIDt BROWARD ELEVATOR SALES
AND SERVICE FOR FURNISHING
ELEVATOR
MAINTENANCE AT SEVEN CITY LOCATIONS
(Department
of General Services
Administration and Solid Waste/Property
Maintenance Division).
$•
DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF. PROPOSED RESOLUTION
DISCUSSION
s
24-28
ALLOCATING $860540 OF 17TH YEAR
COMMUNITY
12/5/91
DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO METROPOLITAN DADE
f
COUNTY, FOR DEVELOPMENT OF A DAY CARE
CENTER IN THE RAINBOW VILLAGE HOUSING
PROJECT IN OVERTOWN - EXECUTE AGREEMENT
(See label 33).
9.
EXECUTE AGREEMENT WITH YMCA OF GREATER
MIAMI �- TO PROVIDE A GRANT ($75,000)
R 91-877
12/5/91
28-33
FROM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) COMMERCIAL
FACADE PROGRAM - FOR
RENOVATION OF JOSE MARTI YMCA (LATIN
QUARTER OF LITTLE HAVANA NEIGHBORHOOD
TARGET AREA).
- 10.
AUTHORIZE PAYMENT OF PARKING FEES 'FOR
STORAGE OF SEIZED
R 91-878
34-35 r
VEHICLES IN
GOVERNMENT CENTER PARKING. GARAGE #5
12/5/91
-
ALLOCATE $9,000 (Law Enforcement Trust
Fund).
11.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
DISCUSSION
35
RESOLUTION
RATIFYING MANAGER'S UTILIZATION OF THE
12/5/91
VIDEO - PRODUCTION SERVICES OF PRO -
MARKET, INC. (See label 13).
12.
SECOND READING ORDINANCE: GRANT GAS
FRANCHISE TO PEOPLES GAS SYSTEM,
ORDINANCE
36-37
INCi,-
EXECUTE AGREEMENT TO IMPLEMENT
PROVISIONS OF FRANCHISE.
10935
12/5/91
13.
(Continued Discussion) RATIFY MANAGER'S R 91-879
UTILIZATION OF VIDEO
38-41
,THE PRODUCTION
SERVICES OF PRO -MARKET, INC. (See label
12/5/91
11).
s4
Y.'
u:.
k w=
y
> y
-146
SECOND`READINO ORDINANCE., ESTABLISH TWO
ORDINANCE
41.42 t
NEW SPECIAL REVENUE FUNDS. (a) JTPA
10936
TITLE II -A (PY '91) AND (b,JTPA TITLE
' 91)
12/5/91
III (PY - APPROPR I ATE 900 6 810 AN0
_
$121153S RESPECTIVELY, FROM SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC)6
15.
APPOINT INDIVIDUAL TO MIAMI SPORTS AND
R 91-880
42-43
EXHIBITION AUTHORITY (Appointed was:
12/5/91
Stephen Nuell to replace Jose Cancels
4..
who had resigned)
16.
SECOND READING ORDINANCE: NEW SPECIAL
ORDINANCE
43-44
REVENUE FUND: STAY IN SCHOOL PROGRAM
10937
(FY 191) JTPA TITLE II -A - APPROPRIATE
12/5/91
139000 FROM SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC).
P
17.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
44-45
APPROPRIATIONS FOR CITY OF MIAMI
10938
CAPITAL IMPROVEMENTS FOR FISCAL YEAR
12/5/91
1991-92 - REPEAL ORDINANCE 10782.
18.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
t:
45-46
SECTION 2-422 (INTERNATIONAL TRADE
FIRST READING
BOARD) - MODIFY QUORUM REQUIREMENT AND
12/5/91
NUMBER OF VOTES REQUIRED FOR BOARD
ACTION.
19.
ACCEPT INVITATION TO ATTEND FREE TRADE
R 91-881
46-48
AGREEMENT CONFERENCE IN MEXICO -
12/5/91
AUTHORIZE PAYMENT OF EXPENSES FOR
COMMISSIONER DAWKINS TO ATTEND.
20.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
48-49
CHAPTER 54 (STREETS AND SIDEWALKS),
FIRST READING
SECTION 54-104 (NONSTANDARD STREET
12/5/91
WIDTHS) - MODIFY WIDTH OF 401-445 NORTH
MIAMI AVENUE (CHAILLE BLOCK ARCADES).
21.
FIRST READING ORDINANCE: AUTHORIZE
ORDINANCE
49-51
ISSUANCE OF PARKING SYSTEM -REVENUE
FIRST READING
BONDS ($7,500,000)'- IN CONNECTION WITH
12/5/91
REFUNDING CITY'S SUBORDINATED PARKING
SYSTEM > REVENUE BONDS, SERIES'1986 AND
1990, AND ITS OBLIGATIONS UNDER
PARTICIPATION AGREEMENT WITH FIRST
MUNICIPAL LOAN COUNCIL.
22.
BRIEF DISCUSSION CONCERNING THE HIGH
DISCUSSION
51-52
COST OF PARKING AROUND THE ARENA.
12/5/91
,'.,s
24.
25.
26.
27.
NECESSARY AGREEMENTS DIRECT
ADMINISTRATION TO 'PROVIDE A LIST OF
EMPLOYEES WHO WILL DE FUNDED.
FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: OFFICE OF
INTERGOVERNMENTAL LIAISON (PY 191) -
APPROPRIATE $60,000 FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC)
DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION ALLOCATING $166,999 OF
17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG): FUNDS TO
SOCIAL SERVICE AGENCIES FOR DAY
CARE CENTERS, HOMELESS YOUTHS AND
SENIOR CITIZENS (See label 58).
DISCUSSION CONCERNING COST OF DAY
CARE DIRECT ADMINISTRATION TO STUDY
EARL PHILLIPS' (HUD) AND JOSEFINA
CARBONELL'S- DAY CARE, AND PREPARE A
REPORT FOR JANUARY COMMISSION MEETING.
(A) AMEND RESOLUTION 90-869 - MODIFY
REVOCABLE PERMIT TO BE ISSUED TO
NATIONAL ASSOCIATION FOR CRIME
PREVENTION TO PROVIDE FOR USE OF
SMALLER SPACE IN MANUEL ARTIME
COMMUNITY CENTER - PROVIDE FOR LOWER
ANNUAL FEE IN ACCORDANCE WITH REDUCTION
IN:SQUARE FOOTAGE.
(B):DIRECT ADMINISTRATION TO 'PREPARE
REPORT FOR JANUARY 9TH MEETING,
JUSTIFYING $900,000 SUBSIDY FOR MANUEL
ARTIME COMMUNITY CENTER - DIRECT CITY
ATTORNEY TO PREPARE LEGAL OPINION
CONCERNING POSSIBILITY -OF A BUYER FOR
THE GUSMAN FACILITY.
ORDINANCE
58-69_
FIRST READING
12/6/91
t
DISCUSSION
59-62
12/5/91
Y9
DISCUSSION
63-66
12/5/91
R 91-883
66-74
DISCUSSION
12/5/91
,y
rye:
j�;
1 aid
28.
A3 °AUTHORIZE EXPENDITURE OF $25,000
R 91-884
74-7
„.,
FROM AFFORDABLE HOUSINO'TRUST FUND
12/5/01
f OV. PREPARATION Off` MARKET ANALYS I
.
STUDY .:TO,..OETERMINE FEASIBILITY OF
DEVELOPING AFFORDABLE HOUSING WITHIN
DOWNTOWN MIAMI.
5
(B�;DIRECT ADMINISTRATION TO STUDY
i
REMAINING BALANCE OF BRICKELL OVERLAY
TRUST FUND TO ASCERTAIN A PRODUCTIVE
USE.
29.
APPOINT SELECTION COMMITTEE TO SELECT
R 91-886
79�-83
UNDERWRITING TEAMS FOR FORTHCOMING CITY
12/5/91
OF MIAMI NEGOTIATED TAX-EXEMPT AND
TAXABLE NOTE . AND BOND FINANCING 'W
AUTHORIZE MANAGER TO EXECUTE CONTRACT'S.
30.
PROVIDE FOR REFUNDING OF OUTSTANDING
R 91-886
83-84
PORTION OF CITY'S CERTIFICATES OF
12/5/91
{
PARTICIPATION$.SERIES 1986 - AUTHORIZE
-
ISSUANCE OF $5,000,000 REFUNDING
-
REVENUE BONDS, SERIES 1991.
b
31.
CLAIM SETTLEMENT: COBAD CONSTRUCTION
R:91-�887
8540.
CORPORATION ($99,213.05).
12/5/91
32.
AUTHORIZE MANAGER TO ACCEPT LOWEST BIDS
R 91-888
90-92
E
FOR SPECIFIED` RENOVATIONS TO WILLIAMS
12/5/91
PARK (CIP 331351- WILLIAMS. PARK
RENOVATIONS, CIP 331318 CITYWIDE COURT
RENOVATIONS, AND CIP 331099 CITYWIDE
POOL RENOVATIONS) - DIRECT
_
ADMINISTRATION. TO COMPLETE. CLEMENTE
PARK BY MARCH.1992.
33.
ntinued Discussion) ALLOCATE
Mt540
R 91-889
93-94
-
OF 17TH YEAR COMMUNITY
12/5/91
-
=
DEVELOPMENT' BLOCK GRANT (CDBG) FUNDS TO
METROPOLITAN DADE COUNTY - FOR
-
DEVELOPMENT OF A DAY CARE CENTER IN THE
RAINBOW<- VILLAGE HOUSING PROJECT IN
-
OVERTOWN - EXECUTE AGREEMENT (See label
8) .
34.
ACCEPT,'BID: ROYAL RENT -A-CAR SYSTEMS
R 91-890
94-97
'
OF FLORIDA - FOR :FURNISHING AUTOMOBILE
12/5/91
LEASE < /> RENTAL: SERVICES - FOR POLICE
DEPARTMENT (Law Enforcement` Trust
"
Fund) .
—_
-
ID:
r zr�
h.
sWK e�za �.
a
r
,35,E REQUIRE ANY FUTURE REQUEST TO REPLACE R 91-891
^5
FORMER SIDEWALK STAR INLAY ON S.W. 8 12/5/91
STREETS PREVIOUSLY DEDICATED TO
VERONICA `CASTEO, TO gE APPROVED. 8Y
COMMI55ION�
38.
GRANT REQUEST BY DISCOVERY '91 FOR
R 91-892
CLOSURE OF DESIGNATED STREET CONCERNING
12/5/91
INTERNATIONAL HISPANIC FESTIVAL OF THE
ARTS EVENT.
37.
(A) TEMPORARILY DEFER APPOINTMENTS OF
DISCUSSION
INDIVIDUALS TO SERVE ON THE WATERFRONT
12/5/91
ADVISORY BOARD (See label 77).
(B)'DEFER APPOINTMENT OF INDIVIDUAL TO
SERVE ON OFFICE OF PROFESSIONAL
COMPLIANCE ADVISORY PANEL.
38.
APPOINT / REAPPOINT INDIVIDUAL TO SERVE
R 91-893
ON AFFIRMATIVE ACTION ADVISORY BOARD
12/5/91
(Appointed was: Janet Grigsby - two
appointments still pending).
39.
(Continued Discussion) CONCERNING
DISCUSSION
MANUEL , GONZALEZ-GOENAGA'S COMPLAINTS
12/5/91
ABOUT CITY ADMINISTRATION AND
COMMISSION (See label 5).
40.
APPOINT / REAPPOINT INDIVIDUALS TO THE
R 91-894
CITYWIDECOMMUNITY DEVELOPMENT ADVISORY
12/5/91
BOARD. (Reappointed were: Josie
Poitier, Irby McKnight, Elio Cruz,
Dorothy Quintana, George Lehor and
Dennis, Scholl'. Appointed were: Fred
Santiago, Christopher Ashford and
Ernestine' - Harris. One appointment
pending.)
41.
APPOINT / REAPPOINT INDIVIDUALS TO THE
R 91-895
PRIVATE INDUSTRY COUNCIL (PIC)
12/5/91
(Reappointed was: Josef ina Bonet
Habif - 'two appointments are still
pending).
42.
CONFIRM SELECTION OF INDIVIDUALS :BY
R 91-896
CERTIFIED BARGAINING -REPRESENTATIVES OF
12/5/91
CITY- EMPLOYEES TO SERVE ON: BOARD OF
TRUSTEES - OF GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
(Confirmed were: Jack Rabun, Krista
Woods and Peter Joffre).
4 ?'f
y
�r
c�
s
s
i0i�105
1O5
105-107
107-110'`�
110-112
112-114
114-115
3�
s7
~�
1t;a"—
' r t
'ty
,1 1'T y 2 J� t� '' t a
h ry
i
i
Y
r
Of A) APPOINT REAPPOINT INDIVIDUALS TO
SERVE ON BOARD OF TRUSTEES OF GENERAL
EMPLOYEES' 'ANDSANITATION-. EMPLOYEES'
RETIREMENT TRUST (Ree0p6inted wore:
Hector Serrano and Ronald Thompkins).
(8)DISCUSSION CONCERNING PENSION
FUNDS.
44. APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS REGULAR MEMBERS OF ZONING
BOARD (Reappointed weret'George Barket,
Elba Morales and George Sands).
45. APPOINT . / REAPPOINT INDIVIDUALS TO
SERVE AS' REGULAR MEMBERS OF PLANNING
ADVISORY BOARD (Reappointed were:
Eladio Armesto-Garcia and Doreen
LoCicero one appointment still
pending.)
46. (A) DEFER APPOINTMENT OF INDIVIDUAL TO
SERVE AS REGULAR MEMBER OF CODE
ENFORCEMENT BOARD.
(B) DISCUSSION CONCERNING CURRENT
INEFFECTUAL METHOD OF COLLECTING FINES
FOR CODE VIOLATIONS.'
47. DIRECT MANAGER TO REALLOCATE $218,284
AND $76,266 IN UNEXPENDED 8TH AND LOTH
YEAR COMMUNITY BLOCK GRANT (CDBG)
PROJECTS: (a) OVERTOWN HOUSING
REVITALIZATION, AND (b) OVERTOWN SECOND
MORTGAGE HOUSING SITE IMPROVEMENTS - TO
ACQUIRE SLUM AND BLIGHTED PROPERTIES AT
N.W. 13.AND 14 STREETS BETWEEN 2 COURT
AND 2 AVENUE, TO ENABLE DEVELOPMENT OF
AFFORDABLE RENTAL HOUSING (48 UNITS)
PLANNED BY ST.- JOHN COMMUNITY'
DEVELOPMENT CORPORATION.
48. WAIVE COMPETITIVE SEALED BID PROCEDURES
FOR STRUCTURAL''REPAIRS AND IMPROVEMENTS
TO ORANGE BOWL STADIUM - RATIFY
MANAGER'S FINDING OF PUBLIC EMERGENCY -
AUTHORIZE CONTRACTS AND PURCHASE
ORDERS - ALLOCATE $195,000 (CIP 4042389
ORANGE BOWL MODERNIZATION PROJECT -
PHASE II).
49. BRIEF COMMENTS
CONCERNING THE
PROGRAM.
i
1
3
{�;
l
R 91-897
1B-120
DISCUSSION
12/5/91
Y
it
R 91-898
120-121
12/5/91
R 91-899
121-123
12/5/91
T
DISCUSSION
123-125
12/5/91
R 91-900
125-126
12/5/91
R 91-901
126-127
12/5/9T
COMMISSIONER DAWKINS STATES THAT THE
gU FCiR, AND DISCUSSION CONCERNINt,
SPATE -OF -THE -ART 'RESCUE VEHICLE SHOULD
HAVE BEEN ON TODAY'S`°AGENDA6
51. ESTS REPORT
62.
53.
54.
55.
56.
57.
CbMMISSIONER PLUMMER REWU
FROM ADMINISTRATIONS BY THE AFTERNOON,
CONCERNING! (a) PARK RANGERS AND PUBLIC
SERVICE AIDES (PSA),'AND (b) BICYCLES
BEING STOLEN, TAKEN TO BOATS ON MIAMI
RIVER61 AND ALLEGED LACK OF RESPONSE BY
POLICE DEPARTMENT (See label 71).
AUTHORIZE MANAGER TO EXECUTE AGREEMENT
WITH INTERNATIONAL SOLUTIONS, INC. i TO
PROVIDE A $15,000 LOAN AS SEED MONEY
FOR INITIAL PROMOTION OF THE DATA '92
COMPUTER AND INFORMATION SYSTEMS SHOW
(International Trade Board budget).
BRIEF COMMENTS CONCERNING CLAUDE PEPPER
DISCUSSION
iR9
1E/6/91
DISCUSSION
130
12/6/91
i
R 91-902
130-132
12/5/91
DISCUSSION
132
FOUNTAIN IN BAYFRONT PARK (See label 12/5/91
76)
APPROVE CONTRACT IN CONNECTION WITH
R 91-903
132-151
LAND ACQUISITION AND PURCHASE OF THE
12/5/91
TOWER THEATER BUILDING IN LITTLE HAVANA
s
FOR DEVELOPMENT OF 'CULTURAL FACILITY
a
(See label 56).
DISCUSSION CONCERNING WATERFRONT BOARD
DISCUSSION
151-157
ISSUES -``REQUEST MANAGER TO PREPARE
12/5/91
REPORT ON MONTY TRAINER RESTAURANT
PARKING AND THE MEDINA BUILDING (See
label 57)
(Continued Discussion) CONCERNING
DISCUSSION
157
ACQUISITION OF THE TOWER THEATER IN
12/5/91
LITTLE HAVANA'(See label-54).
(Continued Discussion) CONCERNING
DISCUSSION
158 -
WATERFRONT ISSUES -'HELICOPTERS LANDING
12/5/.91
IN CITY PARKS (See label 55).
.
C611inu d DiscussInn) ALLOCATE
R 91-904
BMW 17TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) 'FUNDS.,
12i5/91
CATHOLIC COMMUNITY SERVICES (CCS) ,
x)-
NC / NOTRE DAME DAY; CARE CENTER
$34`816 FOR PURCHASE OF FIXTURES; (b)
CCS; INC. / LITTLE HAVANA CHILD CARE
CENTER - $26I26 FOR IMPLEMENTATION OF
LEASEHOLD IMPROVEMENTS; (�) MIAMI
BRIDGE, -INC. $49457 TO PURCHASE
BUILDING FIXTURES AT NEW SHELTER FOR
HOMELESS- YOUTH; ANSI (d) SOUTHWEST
SOCIAL SERVICES, INC. - $54,800 FOR
IMPROVEMENT AND EXPANSION OF EXISTING
SENIOR CENTER FACILITY (See label 25).
59.
(A) URGE CITY ATTORNEY TO FILE AN
R 91-905
INTERLOCUTORY APPEAL:TO RULING BY JUDGE
C.
M 91-906
CLYDE ATKINS, IF NECESSARY,
CONCERNING RELOCATION OF THE HOMELESS.
12/5/91
(B) INSTRUCT MANAGER THAT, IF JUDGE
ATKINS RULES IN FAVOR OF CITY, IT IS TO
CONTINUE OUTREACH EFFORT OF VOLUNTARY
RELOCATION AND REFERRAL OF THE
HOMELESS - CHANNEL FUNDS TO 'AGENCIES
_
PROVIDINGSERVICES- INSTRUCT - CITY
=
ATTORNEY TO 'EXPLORE LEGAL RAMIFICATIONS
OF ENJOINING OTHER MUNICIPALITIES AND
-'
STATE OF FLORIDA TO ADDRESS THEIR FAIR
SHARE OF THE HOMELESS PROBLEM.
60.
GRANT REQUEST BY GREATER MIAMI BILLFISH
TOURNAMENT FOR DOCKAGE SPACE
R 91-907
AT
MIAMARINA - `INSTRUCTMANAGER TO PLACE
12/5/91
ADVERTISEMENT IN TOURNAMENT YEARBOOK.
_ 61.
GRANT REQUEST BY COMMUNITY CLUB OF
MIAMI: INC. FOR CLOSURE OF DESIGNATED
-CONCERNING
R 91-908
12/5/91
STREETS ITS -ANNUAL CHRISTMAS
FESTIVAL.
62• DISCUSSION' ON THE NAVAL RESERVE CENTER DISCUSSION
PROPERTY, 12/5/91"
63. ESTABLISH CRITERIA -FOR SELECTION OF THE R 91-909
CITY, OF MIAMI SCHOLARSHIP RECIPIENTS TO 12/5/91
UNIVERSITY OF` MIAMI- INSTRUCT
THE
UNIVERSITY. TO SUBMIT LIST OF FINALISTS
TO�JHE COMMISSION FOR APPROVAL.
I69�1'61
162-178
ti.
178-179
179-181
182-198
4Y
198-206
�1
nit
a'
tx
y�
4
5x"xk
I
65.
660
66.1
67.
68.
HUD) TO DETERMINE ADEQUACY OF
COLLATERAL PROFFERED BY APPLICANT6.
GRANT REQUEST FOR PROVISION OF IN -KIND
R 91-911
213-226,
,SERVIUS'' FOk,'THt PEQUENA HABANA LUZ Y
12/6/91
ESPERANZA CELEBRATION TO DECLARE IT A
CITY -SPONSORED EVENT.
GRANT REQUEST BY DOWNTOWN DEVELOPMENT
R 91-912
225-228
AUTHORITY (DbA) TO CLOSE DESIGNATED
12/5/91
STREETS TO ENABLE VOLUNTEERS TO PLACE
CHRISTMAS LIGHTS IN DOWNTOWN AREA.
BRIEF COMMENTS CONCERNING THE MIAMI
DISCUSSION
229
ARENA SPECIAL VENDING DISTRICT
12/5/91
ORDINANCE.
APPROVE A 60-DAY PILOT PROJECT TO
M 91-913
229-235-
PROVIDE WORK FOR THE HOMELESS SUBMITTED
12/6/91
BY THE DOWNTOWN DEVELOPMENT AUTHORITY
(DDA) ALLOCATE $30,000 FROM DDA
FUNDS.
(A) URGE MIAMI CAPITAL DEVELOPMENT,
R 91-914
235-241
INC. TO PROVIDE LOAN TO FRED ST. AMAND
12/5/91
TO REPAIR HIS 1IMMIGRATION SERVICES
BUSINESS DESTROYED DURING CIVIL UNREST
IN'THE HAITIAN COMMUNITY(LITTLE`HAITI)
(B) DIRECT ADMINISTRATION TO ESTABLISH
A HAITIAN AFFAIRS COORDINATOR.
DISCUSSION CONCERNING CURRENT STATUS OF
DISCUSSION
242-251
DINNER KEY BOATYARD PROPERTY.
12/5/91
(A) EXECUTE AGREEMENT WITH ORANGE BOWL
R 91-915
251-255
COMMITTEE, INC., TO PROVIDE FOR SALE OF
R 91-916
BEVERAGES, FOOD AND NOVELTIES DURING
DISCUSSION
THE KING ORANGE BOWL JAMBOREE PARADE.
12/5/91
(B) GRANT REQUEST BY ORANGE BOWL
COMMITTEE, INC. FOR CLOSURE OF
DESIGNATED STREETS CONCERNING THE KING
ORANGE BOWL JAMBOREE PARADE.
(C) DESIGNATE SECTION OF SEATING FOR
DIGNITARIES AT THE KING ORANGE BOWL
JAMBOREE PARADE.
72. (A).01REMADMINISTRATIONJO REVIEW ALL
M 91-917
EXISTING COVENANTS FOR AREA OF S.W. 22
ORDINANCE
TERRACE. BETWEEN 27 AND 32 AVENUES TO
FIRST READING
ASCERTAIN COMPLIANCE WITH ALL SPECIFIED
M 01-917.1
TERMS AND CONDITIONS - DIRECT
12/5/91
ADMINISTRATION TO RESCIND PERMITS ON
PROPERTIES WHICH ARE NOT IN FULL
COMPLIANCE,
(8) ACCEPT VOLUNTARY COVENANT
PROFFERED BY OWNERS (LUIS & RAUL
GALINDO) OF PROPERTY AT 2947-2949 S4W.
22 TERRACE.
(C) FIRST 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
(Applicanto, Luis & Raul Galindo).
73. FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
ATLAS - CHANGE DESIGNATION AT 2947-2949
FIRST READING
S.W. 22 TERRACE FROM R-2 TWO FAMILY
12/5/91
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL, WITH PROVISOS (Applicant:
Luis & Raul Galindo).
74. APPROVE, IN PRINCIPLE, VACATION AND
R 91-918
CLOSURE PORTION OF N.W. 21 STREET LYING
12/5/91
EAST OF EAST RIGHT-OF-WAY (R-O-W) LINE
OF N.W. 12 AVENUE AND WEST OF WEST R-0-
W LINE OF N.W. 11 COURT (ZONED 1
INDUSTRIAL), FOR TRIAL PERIOD (90
DAYS) - CONSIDER PERMANENT CLOSURE BY
COMMISSION AT FUTURE DATE (Owner /
Applicant: Jetro Cash and Carry
Enterprises of Florida, Inc.)
269-284
284-285
285-292
PE
�
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n
I
7i. DISCUSS AND CONTINUE CONSIDERATION OF
M 91�919 293=314
PROPOSED RESOLUTION APPEALING ZONING
12/5/91
BOARD'S DENIAL OF SPECIAL EXCEPTION TO
ALLOW OPERATION OF A PACKAGE LIQUOR
STORE (FOR CONSUMPTIONOFF PREMISES)
WITH REDUCTION OF DISTANCE REQUIREMENTS
AT 3101 BISCAYNE BOULEVARD - DIRECT
-
ADMINISTRATION TO REQUEST LETTER OF
DECLARATION BY, -PRIMARY TENANT OF
SPECIFIC COMMITMENT TO BUILD ON PRESENT
SITE (Owner / Applicant: 3101
Associates Ltd.). (Continued to January
76. (Continued Discussion) AMEND RESOLUTION
R 91-920 314-316
91-787 CONCERNING REPAIRS FOR PEPPER
12/5/91
FOUNTAIN IN BAYFRONT PARK (See label
53) .
77. (Continued Discussion) APPOINT
R 91-921 316-317
INDIVIDUAL TO WATERFRONT ADVISORY BOARD
12/5/91
(Appointed was: Alfonso E. Valdez -
_
See label 37),
�y�hb�Fk^ fnj. i;TySiLds. i a4 r^i1
1
�k
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION 0FMIAMI, FLORIDA
�.
On,thon of Miami, Florida,
�retularday
1thethe
met at its meetOncemlac� in GititHat1�350
g g P y ► 0 pan American Drive,
Miami, Florida in regular session.
-
The meeting was called to order at 9:06 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre -
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
M
-
Vice Mayor Miriam Alonso
t=
Mayor Xavier L. Suarez
ALSO<PRESENT:
tF
Cesar Odio, City.Manager
A4 Quinn Jones, III;, City Attorney
}
- Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Alonso then led
those present in a pledge .of allegiance to the flag.
{r
----------------------------------------------------------- -- ----- ----
7.
-
1 ENCOURAGE -AND SUPPORT DISCOVERY OF AMERICA QUINCENTENNIAL COMMITTEE
CONCERNING CELEBRATION OF DISCOVERY OF AMERICA - GRANT REQUEST FOR
WAIVER OF i ALL FEES ASSOCIATED -WITH THE DOCKING � OF CHRISTOPH_ ER ;:COLUMBUS
w
-'
CARAVEL REPLICAS; LA NINA, LA PINTA, AND LA SANTA MARIA -'INSTRUCT
_
ADMINISTRATION TO IDENTIFY AS MUCH IN -KIND ASSISTANCE AS POSSIBLE..
---------------------------------------------- -----------------
_--------------
x
Mayor Suarez: In addition to Commissioner Plummer not being here, I see the
'
.
Miami Heral d, is not represented, . so we can get;: a lot done, Your. item, Carlos,
�}
_E
I know was scheduled for later on ,this morning, but it is obviously a
nonprofit issue. -and you wanted us to take expeditious 'action on it.
Hopefully, having no economic consequence whatsoever, of a negative type.
!r.
'Mr. Carlos.-Arboleya: Thank you, Mr. Mayor, members of they City; Commission:
My, -name -,is -Carlos Arboleya,.for the record, 1941 S. W. 23rd Street.
Mayor Suarez: Cesar, was ,the item having to-do with the.quin... it'S on the
Quincentennial on the visit ofthe ships?
i
7 5gg
MTh
1 December 5.j1991
i �
.
>r
31
u Mr. Arboleya: Quincentennials
Mr. Ddio: It's item 33.
Mayor Suarez: It is item 33, It was scheduled for later on, OK.
Mr. Arboleya: Yes. I appear before you this morning, Mr. Mayor, and members
of the Commission, as Discovery of America Quincentennial Committee Miami 192
Chairman. This committee was created by resolution of the City of Miami
together with the other 26 municipalities in Dade County, as well as
Metropolitan Dade County itself. You honored me with the appointment as
chairman, and it is in that capacity that I today come before you to
officially announce and request support for what we feel will be the most
important event in the year 1992 to celebrate the discovery of America,.and
which will precisely be held in the City of Miami since it is the first port
in the United States that the replicas of Christopher Columbus' caravels, La
Nina, La Pinta and La Santa Maria will arrive to. It is expected.that the
Prince of Spain, as well as an official representation, undetermined at this
time, from the White House will be present. It will be the President or the
Vice President to greet their arrival. It is expected that 10,000 other ships
will accompany- their entrance into our great harbor. I will leave the
detailed presentation of our request to the executive director of the
Discovery of America Quincentennial Committee, Mr. Eloy Vasquez, and as he
makes his presentation, I respectfully request that you approve this request
in order that we may carry out the demands of this Commission as it created
the Quincentennial Committee in appointing me as its chairman. Thank you.
Mayor Suarez: Thank you.
Mr. E1oy Vasquez: My name is E1oy Vasquez. I'm the executive director of the
Quincentennial Committee, and my address is 4011 W. Flagler Street. And, as
Mr. Arboleya was saying, the arrival of the Columbus is probably is going to
be the most important event ever held in Miami. And after months of
negotiations with the government of Spain, finally we were ableto come to an
agreement where the replicas are going to come...
Mayor Suarez That's the most important
five of.us.
Mr. Vasquez: Right. Yes, probably.
Mr. Manuel Gonzalez-Goenaga:
The purchase of the...
Mayor Suarez:` Please, please, please, Mr. Gonzalez-Goenaga.' You may be...
Mr. Gonzalez-Goenaga: Arrested.
Mayor Suarez: Oh, you certainly
may be arrested. But
you may be itching to
be arrested, in which case we'll
be happy to comply at
the appropriate time.
Please have a seat. Go ahead, sir.
Mr. Vasquez: So Miami has been
designated as the first port of call of the
{'
replicas: And this means that
it's going to be not
only of, a tremendous
°
economic impact, but also as a tourist attraction. And
we are...
4aa
OR
�r
} tc
�' � `
�riiasioner al-�r: At Maw # tan we cut through all of this? They -need
+
r;
money.
,•
f
Mayor Suareto - Yes, what 1 being recomn�ended7 What can we do with,,our
limited means`
Mr. Vasquez. OK, the total budget for the arrival of the ships...
Mayor Suarm No wait. I thought maybe the Manager Could tell us what we'
can do and what we can't.
Mr. Odio:� The in kind services that they -Ire requesting, they come =frbfh
Bayfront Park, it's about-$119000. Those are fees that we have to waive by
the trust...
Mayor Suarez: OK, waiver of fees for facilities that would not otherwise be
used, and that are being applied to this.
Commissioner Plummer: Mr. Mayor, we're talking about facilities of the
docking of the boats, that's basically what we're talking about.
=
Mr.. Odio: = Right..
Mayor Suarez:Right. I'll entertain a motion on that.
-
Commissioner Plummer: I'll make a motion that we waive all fees associated
with°this endeavor.
Commissioner De�Yurre: Second.
Vice Mayor Alonso: So move.
Mayor Suarez: So moved and -seconded. Any discussion? If.not please call
-
the roll.. r
_
Jhe following :resolution was introduced by Commissioner PIummer,, who
-
moved its adoption:
r RESOLUTION NO. 91-864
A -RESOLUTION WAIVING, ALL FEES AND .IN -KIND SERVICES
z.
' r DOCKING OF `THE`
ASSOCIATED WITH THE .REPLICAS ; OF .
"CHRISTOPHER COLUMBUS CARAVELS; .. LA NINA, LAB PINTA i AND ... s
LA SANTA''MARIA' IN '..CONNECTION' WITH..'THE UPCOMING - ='
CELEBRATION ,OF THE=DISCOVERY OF- = AMERICA, ,SAID`,EVENT
'
SPONSORED"BY'=THE" DISCOVERY OF AMERICA<`QUINCENTENNIAL =c
rhE
COMMITTEE, INC
(Here' 'folIows 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 pawed
and adopted -by the following vote:F
December 5, 1991
ti�S ti 39.
t
V
"",p -
'
co11. ilssioner Victor'ba"iyurre
C' i ssibadr Mi i l erA. Dawkins
-
.. Commissioner Jo Lo Plummart jr.
-dice Mayor Miriam Alonso
:;Mayor. Xavier .:Suarez
NOES.-,, None.
ADSEN I , None.
Commissioner Plummer: All right, now, Mr► Mayor, it's my understanding that.
the hard cash dollars that are not covered for the budget as to the City's
portion of,this:is approximately...
=
Mr..:Vasquez: Well; about $40,000, which includes $160000 for the police
and ..
Commissioner Dawkins: Forty thousand?
Commissioner Plummer: Yes.
Commissioner Dawkins: Forty thousand?
Commissioner Plummer: Yes, Miller,here's this...
Commissioner Dawkins: :Ijust want to be... no, no, no, I wanted to be sure I
was hearing. I don't need an explanation.
Commissioner Plummer: OK, well i wanted to tell you what it was for.
Commissioner Dawkins: Thank you:
Mr: Vasquez: Well, because some departments, they consider police as in -kind
_
and some,,, -#!Bpa rtments consider the police as... exactly. So ,that we have to
change... you total both figures where it says in -kind and cash, you come'.up
to the;$39,700 rbecause the pol,ice..
I
Commissioner Plummer: Mr. Mayor, I`don't know of another issue in which this
_
City would receive worldwide publ�ia tyas .it would:be;in th slevent.,. I;th nk
-
that we should do everything that we can, to answer my colleague,: the"money
thatawouldbe expended by the City, we have to maintain- the'crew,of -the three
boats which are atotal of 80 people for the 16 days.that they will a here.
think . that i.t's a� great thing, for, --this, community: They :are, : nfact, going
i
to Datle County.. They're also going to the TDC (Tourist Development Council),
typeyre� going to the Por_.;t of� Miami .for the; purposes. of �tryjngi to gett
'
�
,the
fundirigof„�thetotal;..-budget of,$200,000.. I� thnkthat,,t would..be.we]tvOthin`
oyr means, .to ;support,-thi s issue. I :;don't :know of -,any thi ng s,,el se that I.can,.4 gay ,
fn, the;> i ssue other_ than,. when At! s appropriate:; Ll I I { of moti one tha t the
-the
City ,find ;,the,.: funds tot ring:.thiS worthwhile. endeavor, here .�►nd to:,take care�;of
�
what we can
Comnissioner De Yurre: I think, Mr.,Mayor, what is significant also,- included as
_J;n,that-mohies_,.is, the.Chrl, :istopher Columbus costume' of a.. So that's covered
_
already.
s
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ti
4 December 5,
o-
trtrrrissione .piutrer: No; sirs that!s: already been paid for by ma.
MN Vasquel: Right.
J le-
Cotrrriissioner lurdner:Y I'm `tirid of red panty hose and I'm switching to blue:
7
Mr. Vasquez: Well one thing I_would like to mention, if you allow me, is..
r
Commissioner Plummer: You'd better be quiet until I get a second'.
Mr. Vasquez: OK.
Mayor Suarez: All right, so moved._
Commissioner'ne Yurre: Second.
t
Mayor Suarez: Seconded. :Now,:the.bulk _,of that money is not for the housing
of --,,the sailors and ;the officers. I know I've talked to Carlos about;,the
officers in trying to get them some donated...
Commissioner Plummer: Which would be great.
Mr.'Vasquez:.-Yes.. the money, basically, is for services Miami... for Miami,
you know, the City of Miami services, like police, like the marine police,
;.
fire and'rescue. -So all this money goes is what we call in -kind services, -but
for your purposes it's cash.
(
Commissioner Plummer: Mr. Mayor, would you like the breakdown? -here it isT.
Mayor Suarez:. OK.
'
Commissioner Plumper: This -is the breakdown. Basically, it's $18,000 of..
1
=I
Mr. Vasquez: :Police.
Commissioner Plummer: ...of the. in -kind. I'm sorry, of the pol,.ice and fire,
-=
and;the.other. is,the $21,000.;
Vice;,Mayor-Alonso: May:<,we hear from the -City .Manager what. he has; to; say?-,,,,.. ..
Mayor:ISuarez:; Mr..Manager.. x
-:-- -
Mr. Odio: -I don't have this money in the budget. .:.....I_will say that. ..
°
s
j►
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.l;
I
Mayor. Suarez:: You- ;,know, as' I : read;, through ..1t, .:a lot` of this Y can Abe
substituted by' in-house contribution. of true in -kind, not somehow, oot-of
�pocket's in.=kind, which .is. a. contradiction .ins t'ermsi Electrician -,.,we don't
have anybody:,in :,the .City of Miami: that can .do: the : electr.icai.- hookups. Fees,
#
.coordinator, uh.uh, I'm not ..voting for any fees -for -.any, coordinator. �We.�, don,�t
4
have. theta; You coordinate it, Eloy, or get somebody else, to„coordinate.; or
:
we _
' 1 l get some' vo1 unteers,.' S
:
}
M, Vasquez: Wei l , the total
} f
FY�.FF
IN
i We1,11 as3unte liability= its 1
Milyor t�efe' : ait,' waitwait, surance�
i don't"end pay' insur�antie; for
gi_t� .aVent. se8 why, We should have -insurance
1 � Pi 1:6tagil, for the: rapt itaes, _ `that s `a smal 1: amounts PA (publ i d addtds`a)
item;I wbuId thIW-Ve woOd have a PA systbmi or get one donated tr giVan�'
Vita Mayon Alonso: I hope so
Mayor -Suarez,. Portable `toilets. Again, I would hope we'd have some ,out
there.'
Commissioner Plummer: We don'ts
Mayor Suarez: And tent VIPs (very important people). We could...
Vice Mayor'Alohso: Can we get people to donate?
Mayor'Suarez: I would think that `we`would get people to donate the tents. --If
not, we don't have tents for the VIPs. Maybe the VIPs ought to provide their
owtents
-
Mr. Vasquez: Yes.
-
Cb*i'ssioner Plummer: Mr. Mayor...
Mayor Suarez: And then we're left with the other services, which is a
trickier item. But the top ones... folks, this is not being very creative,
J.L. The rest is tough, because we don't have a heck of a lot of money,
but..,.
-�
Commissioner Plummer:Mr. Mayor...'
Mayor Suarez: Yes, go ahead.
Commissioner Plummer: ...just for your information, anything that could be
'
_f.
done -in-house is acceptable if, in fact, the City would be willing to put the
electricians, as the insurance and things of that nature could be deducted
from: the 'hard '' cash. The problem that was faced was ` that the -Idea that.: the
City didn't"want to give these things -in -kind, and so it would have.to`be'paid
for and as we know here many times, it's 'a _ wash to give: -this money -to tan
organization to'give it back to the Police- Department. You know; they're
entitled to their money if they're, in fact, providing a service. But any of
it that could be given in -kind is no problem to deduct from the hard cash.
Mayor Suarez: You know, what you might want to do is to make us all work a''
harder at this and not to Viblate our rule of, appropriating monies where
they."real Ty don't , exi st,' i s to approve i n pri nci'p1 a the Ci ty's parti ci pat:ion
with all of, our in=house`in`=kind - of course, we approved the waivers too -:
and then 'look:` around and instruct the Manager to look -for existing City
,3
budgeted funds.and privately.donated funds so that we can pull this off. For
example, it strikes -me that this'is very much :along the:Iines of`the State of
the `Ci ty program which, a 'cou' l a of years ago, left a lot of money. We were
going to use it for some kind of a mailout, and I -don't think we ever did.' I"
don 't'know: if the Manager- has any -ability to give us a quick report if any
�t
6 December 51 190i
3j
FfflmW i a
F4
C
monay is in theses And if not, we'll go out and seek contributions, Carlos
Will - O ve a cocktai 1 party at. City Hall, wine and cheese, raise honey front
private sources.: This, is extremely important. We don't have the money to
Mall out* Not even for something of this magnitudes And I didn't know thiata
1!m sorry; i thought most of>what we were dealing with today was waivers and
City participation which I think we've approved, and certainly we ought to
-
approves
Mr. Vasquez: Yes, one thing I would like to mention is that we are already
trying to get close to the total budget. To bring the replicas is close to
$1000,000_and the Spanish government is contributing with five hundred, you
know, thousand dollars. And we are getting the rest of the money from the
private sector already. These basically are our services.
Mayor Suarez: And we have TD... J.L. mentioned... Eloy, J.L. mentioned TDC.
_j
That's $300,000 a year budget, right?
Commissioner Plummer: Yes, approximately.
Mayor Suarez: Tourist Development Council, $300,000 a year.
Commissioner Plummer: Right.
Mayor Suarez: iWelve got... what were the other ones? -sources? Well, the
County, of course.
Commissioner Plummer: The County and the port.
-i
Mr. Odio: Oh, and the Host Committee.
Mayor -Suarez: The Port of Miami. I mean...
_+
Commissioner 'Plummer: They could or. could not be involved. Mr. Mayor; let me
tell you what I'm more than.agreeable to:
�i
Mayor'Suarez: All right.
Commissioner Plummer: That we direct to the administration to-proceed-to'back
this event with as much in -kind as humanly possible, and to come back at the
next Commission meeting to let us know what they have not been able to do, and
=i
we.would'then make. available, hopefully, that which is needed. And I would
_
change...
4
_1
Mayor Suarez: Subject to a final vote at that point?
Commissioner Plumper: Well, but come back in January and tell us if, you
(
know, hey, a hundred percent of it can be done in kind, great. But if they
i
can't, and that others has to be supplemented, we would know it at that time.
Mr. Mayor, I apologize.:.
f,
r'
.
Mayor Suarez: And we ought to quantify our in -kind support, Carlos, and make
sure that °the County and the TOC..:
Commissioner Plummer: They all are, sir.
T
i
7 December 5, 1991
S
Tv`
F
at
f
Suat o And tho- other l agoncro the Port of . Miami s which. sometimes att
�
`
if they were a total different fund.
Commissioner Plummar: They are an island unto themselves.
Mayor guarez: Right. That they know what our quan..o you know, our
quantified support is.
-
Commissioner Plummert -Mro, Mayor, I apologize for bringing this as a surd..
not as a surprise, but as an emergency item, even though it's on the agenda.,,
Mayor Suarez: Yes, it's..,
Commissioner Plummer: But we were only notified approximately ten days ago
that the official action was taken by the country of Spain to make this the
'
first 'port. We were elated to find it out. I think that the significance is
that within an':hour after we were notified, a call was received from the White
}
House reserving two seats. So I think 1t does show the significance that this
will have.,.,
Mayor Suarez: That's for Sununu?
-�
Commissioner Plummer: Yes, Mr. Sununu will... don't pick on a Cuban.
Mr. Arboleya: Mr. Mayor, may I..just...
A
Mayor Suarez: Says who? Go ahead, Carlos. Says who?
Mr. Arboleya: Mr. Mayor, may.I just. please- add that we.are.. the private
sector 1s helping us out. We are approaching the County, we- are approaching
everybody. The reason for the dollars placed before you, is because there is
great confusion of what is in -kind services and what is not:in-kind services.
The pot i ce says .we ; got to pay them. You say 'it's in -kind services. Please
solve our problem. If police is: not in-kind,"that s,why we, re: here. This is
exactly what our problem is.
Mayor Suarez: And. in a situation,like this, we can have, fromr,time to time -
have done it, deploy on=duty<police officers. -
Mr. Arboleya: That's -what we're asking. ;In other words, anything...:;_.
Mayor Suarez: It's a City function.
}
Mr. Arboleya: Anything that the City. can. give us...
Mayor Suarez: Something sponsored - right.
i
Mr. Arboleya: ...of what we need, as far as we're concerned, is: in -kind
services and we're happy to accept that. We don't...!
Commissioner Plummer: With the permission of my colleague who seconded,the
original motion, I would like to change it to read that this City
wholeheartedly backs this endeavor, directing the administration to find as
8 December` 5, 1991
2
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lkq
{
ekal -hodnly pnslible to -do in -kind, and report back to this'Comnistibn�en
Jenuary tha 9th for What.this COMMission will face as the remaining balance.:
.
Mayor Suarez: So moved
'
'
Vice Mayor Alonso: Second,
Mayor- Suarez, Seconded Would you quantify that, Mr. Manager, so that when
Carlos and the rest of us supporting go to the TDC and the port and the
County, that they know -what our contribution is, and see if they match theirs,
hopefully, with ours.
y
Commissioner Plummer: Mr. Mayor, I will take the message tomorrow morning to
the TDC of which you know I'M a member.
i
Mayor Suarez: It's a classic one, yes, for the TDC.
Commissioner Plummer: Yes.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
=
roll.
The following motion was introduced by Commissioner Plummer, who moved
-
its adoptions
MOTION NO. 91-865
A MOTION OF ENCOURAGEMENT AND SUPPORT OF THE DISCOVERY
_
OF AMERICA QUINCENTENNIAL' COMMITTEE MIAMI "IN
CONNECTION WITH ITS INITIATIVE TO BRINGTHE REPLICAS
OF CHRISTOPHER COLUMBUS CARAVELS, LA, NINA, LA PINTA
AND LA SANTA MARIA- TO THE CITY OF MIAMI , AS - PART OF .
THE CELEBRATION OF THE DISCOVERY OF AMERICA
4
FESTIVITIES; FURTHER DIRECTING THE ADMINISTRATION TO -
'_`
TRY T01DENTIFY AS MUCH `CITY `IN -KIND SERVICES FOR SAID
I;
EVENT AS POSSIBLE AND TO REPORT BACK FOR THE CITY
COMMISSION'S CONSIDERATION AND REVIEW OF THE REMAINING�'
BALANCE- OF SERVICES NEEDED AT THE MEETING PRESENTLY
SCHEDULED FOR JANUARY 9, 1992.
Upon being seconded by Commissioner Alonso, the motion was passed and
`
adopted.by the':following vote:
AYES: -Commissioner Victor-De.Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
i+
Vice Mayor Miriam Alonso
fs
Mayor Xavier L. Suarez;
NOES: None.�r
ABSENT: None.
�
9 December 5, 1991.
Mayor Suarers Andcongratulations, Carlos* that the three caravels, 11M told,
'
that the WM 1ein English# were initially supposed to go to Puerto Rico or
rx
other places and that you have somehow diverted them to Miami;
_
Mr. Arboleyat Yeso This will be the first port in the United States that
ki
they will touch. They; are ,going to Puerto Rico before ,ua, but because on
their way in, but this will -be the first port that they -will touch in the
United States.
F'}
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Mayor Suarez: The first port in which they're arriving. That's great.
_
Mr. Gonzalez-Goenaga: But Puerto Rico is part of the United States.
Mayor Suarez: Mr. Gonzalez-Goenaga, we're aware of the jurisdictional aspect,
-
dimension of Puerto Rico as part of the United States.
Mr. Arboleya: Thank you, Mr..Mayor and City Commissioners.
-
---------------------- -------------------- ------ ---- ----------------------'-
`...
_k
2. WAIVE FEES AT THE ORANGE BOWL IN CONNECTION WITH THE ANNUAL PIG BOWL
FOOTBALL GAME BETWEEN METROPOLITAN DADE COUNTY AND CITY OF MIAMI POLICE
}N
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DEPARTMENTS.
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--------------------.------------------------------------1--------------------
Commissioner Plummer: Mr. Mayor, I have another one that's timely. If I may,
'€
is to the Pig Bowl that has been held in the Orange Bowl, keeping -in mind that
last year that the Pig Bowl donated approximately $120,000 from the proceeds
for the United Partners Recording for the Blind, Police Officers Assistant
Trust -Fund and National Law Enforcement Memorial Fund. All they're=asking of
us is the same as last year that we waive all of the fees as we have done in
the past. And I so move.
-
''i
Mayor Suarez: -So moved, for the use of the facility.
Commissioner Plummer, January 18th in the Orange Bowl. And Miami will beat
the tar out of them.
Mayor Suarez:
Vice Mayor Al
- Mayor Suarez:
The following resolution was introduced by Commissioner Plummer, who
MOVid fts-'edoptiont
S
RESOLUTION Nob 91-866
A RESOLUTION WANING THE RENTAL FEE AT THE ORANGE BOWL
:<AND'ANY OTHER FEES REQUIRED OF THE EVENT PROMOTERS OF
THE 1992 PIG BOWL GAME TO BE HELD ON JANUARY 181'1992,
(Here follows body of resolution, omitted here and an
filein the Office of the City Clerk.`
Upon being seconded by Commissioner Alonso, the resolution was passed ,
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J 0 L. Plummer, Jr.
t
_ Vice Mayor Miriam Alonso
L
Mayor Xavier.L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------
3. GRANT REQUEST BY ROSE OF SHARON MINISTRIES, INC. TO CHANGE THE DATE OF
l;
ITS NEIGHBORHOOD CRUSADE EVENT.
------------------------- ------------------ - -----------------------
Mayor Suarez:' Ladies and gentlemen, the consent agenda:..
Commissioner'Dawkins: Mr. Mayor, I have one pocket item, please.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins:, Will the gentleman from the Rose of Sharon. We OK'd a
date for them to have a street ministry for November, and they changed ,,i.t to
f
December. I.wouId move that...
Mayor Suarez: ;The appropriate changes be made.
3
Commissioner'Dawkins: ...the changes be made.
{
Mayor Suarez:. Lieutenant, we're OK on the new times for the street service or
;:
activi y?
Commissioner Plummer: Where is that to be held?
z
Commissioner Dawkins: Fifteenth Avenue. Go ahead.
Mr. Billy Hester: It's on 15th Avenue between 67th and 64th Street.
ty
1
.
11 'December-5
f t`a
r
:
a'
siyOr, _ uere2: ouid, You ' ut our name i n the record
y 0 WB have hat whets
,
to
'
Nir6 W t r:. , My name js_ Bi i 1y. H0st6r6
Mayor SuarMe Thank your
Commissioner Dawkins: Address.
Mt.:Hester Thirty-eight hundred N.W. 167th Street,
Commissioner Dawkins: OK, I change my... I move that they Work out the'
agt*eements-with the City... OK, OK, ,
Mayor Suarez: All right, so moved.by Commissioner Dawkins.
Commissioner Plummer:`: Second.
Vi.m Mayor Alonso: Second.
Mayor -Suarez: Seconded, Miriam Alonso. Any discussion? If not, please call
<.
the- ro11.
The following resolution was introduced by Commissioner Dawkins, who'
moved its adoption;
RESOLUTION NO.`91-867
A RESOLUTION 'AMENDING RESOLUTION NO. 91-7519 ADOPTED
OCTOBER 3, 1991, RELATED TO THE "FIRE IN 'THE CITY
CRUSADE' SPONSORED. BY THE ROSE OF SHARON MINISTRIES,
INC. THEREBY CHANGING THE DATE OF THE EVENT FROM
SATURDAY,'NOVEMBER 2, 1991 TO SATURDAY, DECEMBER 14,
1991.
(Here follows body of resolution, omitted here and on
file in the,Office of the'City Clerk.),
Upon..being .seconded by- Com issioner- Alonso, theresolution was �passetlt
and" adopted' -by -the following vote:
AYES: = z-Comni`ssioner, Victor, De:Yurre
Commissioner Miller J. Dawkins
s Commissioner• J L: 'Plummer; `Jr.
Vice Mayor Miriam Alonso
Mayor°Xavier L. Suarez 3-
,E
NOES: None.
r;
ABSENTS None.
F,
12 December 5,. 1991.
4 DESIGNATE DOUGLAS C. ORDEKER OF SWEETAPPLEs BROEKERt VARKASo P.A. TO ACT
AS -DESIGNATED -COUNSEL TO.TNE:NUISANCE ABATEMENT BOARD.
Commissioner Plummer: Mr. Mayor, are you still OA Pocket?
Mayor Suarez: Pocket, he says. Any emergency items left,, Commissioner
Plummer, sir?
commissioner Plummer: Mr. Mayor, as you know, the City of Miami did, in
fact... would somebody please find it for me. We created a thing called
Nuisance Abatement Board. The budget was put forth and the only thing that
they're asking today " if I can find the blasted thing - is that we - where in
the hell is it? Here it is. - That we concur with their selection of a lawyer
to serve as counsel which was provided for in the budget.
Mayor Suarez: Is that Doug Broeker I think they recommended?
A
Commissioner Plummer: Douglas C. Broeker of the law firm of Sweetappleo
Broeker, and Varkas at the amount of $18,000 a year.
Mayor Suarez: That comes from what? -the Law Enforcement Trust Fund or police
budget?
Commissioner Plummer: From police budget, Mr. Mayor.
Mayor Suarez: Regular police budget.
Commissioner Plummer: Yes, and I would so...
Mayor'Suarez: So moved.
Commissioner Plummer: ...that their selection be approved. I.
A. Quinn Jones, III, Esq.: Just for the record, if I may, Commissioner
Plummer and Mr. Mayor,, just be aware that the ordinance requires that the City
Attorney select it. I have no problems. I was prepared to make that,
recommendation.
Commissioner Plummer: You are prepared?
Mr. : -Jones: Ilm,prepared now to make that recommendation..
Mayor, Suarez:: So you re concur wi th the recommendation made by - the Police
ce
Chief.
Mr. Jones: I concur.
Mayor.Suarez: Very good. When you don't ...
Mr. Manuel Gonzalez-Goenaga: Your honor...
M
13 December 5, 1991
M
Mayor uare ...then we never knit what to do.
Comissioner De Yurrei Well, whose recommendation is this? It's not the
I
pal ite-ChiO4.
'.
{
Mr. Moines: No,`apparently this was the recommendation of the board itself.
r;
i
Commissioner Mummer, Of the board Itself, Vic.
-
Commissioner De Yurre: OK because procedurally I have a problem with this.
You knows I feel that if we're going to do this, it has to be following the
-
'
normal procedure that we have. Either, you know, this Commission appoints
someone to do that job based on the recommendation or suggestion by the City
-`
Attorney. But I don't think that we can set a precedent here that we have the
_
board telling -us via a letter signed by all members.
=ti
Commissioner Plummer: Yes, you have a copy, I believe.
Commissioner De Yurre: Yes. Saying that, you know, they want this person.
And I think that the message has to be that, you know, we recognize their
input but we have a procedure, and based on this procedure, we have. selected
the person that they happened to have wanted anyway. But I think that we have
not
to make sure that we're clear on policy as far as this is concerned.
Mayor Suarez: Yes, why would somebody have told the board that, you know,
_
their recommendation is useful and interesting, but we have a whole different'
procedure for doing this? Who was with their board? Who is the secretary to
the board?
Commissioner Plummer: It's not the secretary, I would assume it's the
chairman._
Mr. Jones: I think that it is.
Mayor" Suarez: Is it Lt. Longueira that acts as the secretary? multi -faceted
Lt. Longueira?
Commissioner Plumper: Mr. Mayor, I can't answer that.
d-
Mayor Suarez: That's worthwhile clarification that Commissioner De Yurre is
making. We...
Commissioner. Plumper: I understand what he's saying very well, sir. The
board conducted numerous interviews and after extensive deliberation is
recommending Mr. Broeker to serve as the board's counsel. Mr. Broeker resides
within the City of Miami, was instrumental in development of the City
Hr
ordinance number 10883.
Mayor Suarez: J.L., I think what he's saying is that we're acting upon the
City,Attorney's recommendation, that the board happens to agree with. But not
n�
the other way around.
""X
Commissioner Plummer: Fine, sir, if that's...
14 - December 50 1991
;k.
3 i
't
r- ieyefi°r+ei think that's wrlat h sari.11 right, so moved and secorldedb
211
UNK
Any further discussion
Mr. Manuel Gonxala-Goenaga: Yes, sirs
Mayor Suarez: We'we not `in a public Nearing','Mr. Gonxalei-Goenaga. Please
have a seat; sir, You will be heard, and you can...
Mr. Gonzalez-Goenaga: Extremely important and it will go right to the point.
Mayor Suarez: No, sir. You can write down all the stuff you want to tell
u5...
Mr. Gonzalez-Goenaga: But you never answer!
Mayor Suarez: 'Well, you can at least say it. In this country you have...
Mr. GonzalezY-Goenaga: Since August I have five letters in 'this Commission,
and they refuse'to answer, and very pertinent thingsl
Mayor Suarez:-Mr'Gonzalez-Goenaga, we are doing the best we can to comply
-
with your reoords request, sir. They come in, they're hard...
'
Mr. Gonzalez-Goenaga: Yes, but I am wasting my time and energy.
3
Mayor Suarez: Well, I certainly agree...
f
Mr. Gonzalez-Goenaga: And money!
Mayor Suarez: I certainly agree with that, but just so you don't waste ours
-
-too. We have a motion...
Mr. Gonzalez-Goenaga: No, I try to help you.
-'
Mayor 'Suarez:,All right,,`sir,- have a, seat. Moved and seconded.: Any
-4
discussion?. If not, please call the,roll.
{
a i
15 December
yR'.i+SpIUA } -
� j,.,
lid:
ti
The f611OWing iresoNtion was introduced by Commissioner Plummer, -who
!t
it oved' i is adoptions
RESOLUTION NO, 91-868
A RESOLUTION DESIGNATING SWEETAPPLE, BROEKER, VARKAS,
PA-jROM-.AMONG THE LAW FIRMS RECOMMENDED BY THE CITY
ATTORNEY TO ACT AS SPECIAL COUNSEL TO THE NUISANCE
ABATEMENT BOARD, SAID FIRM TO BE APPOINTED BY THE CITY
ATTORNEY TO SERVE AS SPECIAL COUNSEL TO SAID BOARD AT
THE RATE OF COMPENSATION SPECIFIED HEREIN WITH FUNDS
THEREFOR BEING ALLOCATED IN AN AMOUNT NOT TO EXCEED
_
$18*000 FROM FY'91-92 BUDGETED FUNDS OF THE NUISANCE
-
ABATEMENT BOARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
5. BRIEF . COMMENTS CONCERNING MANUEL GONZALEZ-GOENAGA'S REQUEST FOR
INFORMATION AND TO SPEAK DURING COMMISSION MEETINGS (See label 39).
----------------------------------------------
---------- - -- - -------------
Mayor Suarez: On Mr. Gonzalez-Goenaga's public records request, maybe
-somebody ought ;to.suggest to him howto do those 'correctly, because the.
-
constant receipts... have -a seat, sir! The constant receipt ofdocuments by
my office where we can't tell if they're official requests, is confusing to.
us. We're trying to get as many as we can to you. Maybe somebody ought to
tell him how to.: do. that properly under the law, and in a legible way -and a
clear way. And,.maybe we can comply with some of ahem. Some of the rest are
-
just insulting letters.that,are not -really public records requests.
A
q<
16 December 5, 4991-`
t
`
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(` -
YjY�'dY.lifWiYYY1LiY.l Yilil{iYY1Yfii.Yill Wiii Yi7WiWi7tYIf Yell.il{YIYi1YWYYf1iY.Yi��i11[11iWYiiimtittW Yli/WipibllliitlD iiYi fYiia4YY W1YL IIYiiiYa�fiYi W.L�Y�W.t11is 1.Y W1i1
M
`t
S CONSENT AG N' A'
K
_
,
-'
rz�awscrs�trrxicacis.+iiwar.rrr��rw.a�rr+r+�rrsnsacrw..�a�.rrrsr+rrrr�wiarir..�u-a..r.wasYcrra�----,r.a:rirww�aaurr++a.wrwsasrcamcraiit
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.;
Mayor Suarezt OK, items CA-1 through. CA-13...
Commissioner Plummer: Mr. Mayor, I would like to pull and 10.
Mayor Suarez: ...are items that comprise the consent agenda. And we would
vote on them...
Commissioner Dawkins: I want to pull just for discussion 70 9; and 116
Mayor Suarez: Which were the ones that you needed, Commissioner?
-`
Commissioner Dawkins, 7,.9 and'11, And Commissioner Plummer.,.
Commissioner Plummer: Seven and ten.
-
Mayor Suarez: OK& Any others, Commissioners?
_
Vice Mayor Alonso: 'Yes, one and two.
-
Mayor Suarez: Mr. Manolo Gonzalez-Goenaga, sir, which item do you want to...
=
Mr. Manuel Gonzalez-Goenaga: Eleven.
Mayor Suarez: All right, we're... Commissioner Dawkins is asking for that to
be considered separately. All right, with the exceptions of 1, 2, 7, 91 10,
and 11, items CA-1 through CA-13, I'll entertain a,motion on them.
Commissioner Plummer: So move.
Commissioner Dawkins: Move, second.
Mayor Suarez:- Moved and seconded:- Any discussion?: If not, please call the
roll.
'
ON 'MOTION DULY,`MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS 'THE-CONSENT,.AGENDA;
-'
WITH THE -'ABOVE EXCEPTIONS,'WAS PASSED BY THE FOLLOWING
-'
VOTE:. _
-AYES: Commissioner Victor De.Yurre.
Commi,ssiones Miller J. Dawkins
,
Commissioner , J. Le, PI ummer, Jr.
Vice -Mayor onsol.
Mayor Xavier L.Suarez_
-'
NOES: None.
ABSENT: None.
17 Aecember°51.
3'++..�r.: yros-„r*.+r^maegmzz'•: kt'�rxzt+rn*
7
-I
6.2
•
E
ACCEPT BIDS: (a) AMERICAN GENUINE AUTO AND TRUCK PARTS ($17,815.20), AND
(8) GENUINE PARTS COMPANY ($6,876.S7) - FOR FURNISHING AUTOMOTIVE
BATTERIES (Department of General Services Administration and Said
waste).
RESOLUTION N06 91-869
A RESOLUTION ACCEPTING THE BIDS OF AMERICAN GENUINE
AUTO & TRUCK PARTS IN THE AMOUNT OF $17,816.20 AND
GENUINE PARTS COMPANY IN THE AMOUNT OF $6,876.57 FOR
A TOTAL AMOUNT OF $24,691.77 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE
(GSA/SW), FOR THE FURNISHING OF AUTOMOTIVE BATTERIES
FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR ONE (1) ADDITIONAL YEAR AT THE SAME
PRICE, TERMS AND CONDITIONS ALLOCATING FUNDS
THEREFOR FROM THE OPERATING BUDGET OF THE DEPARTMENT
OF. GSA/SW, ACCOUNT CODE NO. 420901-702; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDER FOR THESE SUPPLIES
AND THEREAFTER TO EXTEND -THIS CONTRACT FOR AN
ADDITIONAL ONE YEAR PERIOD, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
ACCEPT BID: SOUTH FLORIDA MAINTENANCE SERVICES, INC. - FOR FURNISHING
SPECIALIZED CLEANING SERVICES FOR WATER SURFACE AREAS AT MIAMARINA AND
OTHER CITY WATERFRONT PROPERTIES.
RESOLUTION NO. 91-870
A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA {:
MAINTENANCE SERVICES, INC. FOR FURNISHING
SPECIALIZED CLEANING SERVICES FOR. WATER SURFACE
AREAS AT MIAMARINA AND OTHER CITY _WATERFRONT
PROPERTIES FOR THE DEPARTMENT OF PARKS AND
RECREATION ON A CONTRACT BASIS FOR ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (.1)
YEAR PERIODS AT'A TOTAL ESTIMATED FIRST YEAR COST OF
$22,540.00; ALLOCATING FUNDS THEREFOR FROM THE
MARINAS' FY 92 OPERATING BUDGETS 413000-580404440
(MIAMARINA)", 414000-580405-340 (DINNER KEY MARINA);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE AND TO 'EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
18 December 5, 1991
E h•
6.4
(Here follows body of resolution, omitted here and
on`file:-in the Office of the City Clerks)
ACCEPT BID: CARD CENTERS-OF'FLORIDA"- FOR FURNISHING CARD SDFTWARE TO BE
USED BY THE CITY'SCADD SYSTEM (CIP 311019 - Department of Public
Works).
RESOLUTION NO. 91-871
A RESOLUTION ACCEPTING THE BID OF CADD CENTERS OF
FLORIDA FOR FURNISHING CADD SOFTWARE TO BE USED BY
THE CITY'S CADD SYSTEM FOR THE DEPARTMENT OF PUBLIC
WORKS AT A TOTAL PROPOSED COST OF $21,642.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 3110191 ACCOUNT CODE N0. 319201-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
ACCEPT PROPOSALS: (a) RENNEE ROLLE-DAWSON, ROLLE REALTY AND ASSOCIATES,
INC. (APPRAISERS), AND (b) EDWARD M. WARONKER (MORTGAGE UNDERWRITERS)
TO APPRAISE, FOR POSSIBLE ACQUISITION, FAIR MARKET VALUE OF CERTAIN
PROPERTIES - IN AREA BOUNDED BY N.E. 61 AND 63 STREETS BETWEEN BISCAYNE
BOULEVARD AND N.E. 5 AVENUE (CDBG FUNDS).
RESOLUTION NO: 91-872
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
ACCEPTANCE OF PROPOSALS FROM RENNEE ROLLE-DAWSON
ROLLE REALTY & ASSOC:,` INC., A MINORITY APPRAISER
AND .MEMBER OF THE NATIONAL ASSOCIATION OF REVIEW`
APPRAISERS AND -MORTGAGE UNDERWRITERS, AND EDWARD:M.
WARONKER, A NON'MINORITY`-APPRAISER AND -MEMBER OF THE
AMERICAN `INSTITUTE ;OF REAL ESTATE APPRAISER, FOR
FEES OF $119400 AND $11,900 RESPECTIVELY, TO
APPRAISE; FOR POSSIBLE ACQUISITION, THE:. FAIR MARKET`
VALUE OF CERTAIN= PROPERTIES INCLUDING 'IMPROVEMENTS
THEREON WHICH ARE BOUNDED BY. NORTHEAST' SIXTY '-FIRST
AND SIXTY THIRD STREETSBETWEEN-BISCAYNE :BOULEVARD
AND :NORTHEAST FIFTH AVENUE, MIAMI, FLORIDA AND
LEGALLY - DESCRIBED IN THENATTACHED= EXHIBIT A;`'AND-
,.
ALLOCATING:, -FUNDS FOR SAID APPRAISALS* COSTS FROM
COMMUNITY DEVELOPMENT BLOCK -GRANT FUNDS, NO. 701501.
y
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.);41
L
.r
19 December"5; :1�991
a}4;
J ALLOCATE $10,00O IN SUPPORT OF FESTIVAL DEL NINO HELD AT BAYFRONT PARK&
RESOLUTION NO. 91-875
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
j
$10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS
CONTINGENT FUND, IN -SUPPORT OF FESTIVAL DEL'NINO,
_}
SPONSORED BY FESTIVAL DEL NINO, USA., TODO POR EL
NINO, INC., HELD AT BAYFRONT PARK ON OCTOBER 139
1991; CONDITIONING SAID ALLOCATING UPON COMPLIANCE
WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
y
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
r
6.6 ACCEPT DONATION ($50,000) FROM CONSULS GENERAL OF BOLIVIA, VENEZUELA,
PERU, COLOMBIA, ECUADOR AND PANAMA - TO BE USED FOR RENOVATION,
RESTORATION AND IMPROVEMENTS TO THE SIMON BOLIVAR STATUE AND SURROUNDING
PLAZA -'RATIFY ADMINISTRATION'S CONTRIBUTION OF DESIGN AND TECHNICAL
ASSISTANCE - RATIFY MANAGER'S ACTION IN ALLOWING CONSULSGENERAL TO
CONTRACT WITH A LICENSED GENERAL CONTRACTOR, SUBJECT TO MANAGER ENTERING
=:
INTO AN AGREEMENT PROVIDING ASSURANCES TO THE CITY REGARDING
=g
-e
INDEMNIFICATION AND INSURANCE.
RESOLUTION NO. 91-874 -
A RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF
$50,000.00 FROM THE CONSUL GENERALS OF BOLIVIA,
VENEZUELA, PERU, COLOMBIA, ECUADOR AND PANAMA, AS A
CONTRIBUTION TO THE CITY OF MIAMI, FLORIDA, TO BE
USED FOR THE, RENOVATION, RESTORATION AND
IMPROVEMENTS OF THE SIMON BOLIVAR STATUE AND
SURROUNDING PLAZA AREA LOCATED IN BAYFRONT PARK;
RATIFYING, CONFIRMING AND APPROVING THE CITY
MANAGER'S CONTRIBUTION, THROUGH THE CITY'S
DEPARTMENT OF PUBLIC WORKS, OF DESIGN AND TECHNICAL
ASSISTANCE IN CONNECTION WITH SAID PROJECT AND
f'
FURTHER RATIFYING, CONFIRMING AND APPROVING THE CITY -
=
MANAGER'S ACTION:IN ALLOWING THE CONSUL GENERALS TO
CONTRACT WITH A LICENSED GENERAL CONTRACTOR TO
-
PERFORM' THE WORK ON CITY -OWNED PROPERTY, SUBJECT TO
THE REQUIREMENT THAT THE CITY MANAGER ENTER INTO AN
-
AGREEMENT WITH THE: CONSUL GENERALS, IN A FORM
_
ACCEPTABLE TO THE CITY ATTORNEY, WHEREBY THE CITY IS
PROVIDED CERTAIN ASSURANCES REGARDING THE ISSUES OF,
INDEMNIFICATION AND INSURANCE.'
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
;a
Yh:
20 December 59 1991:
ENTITLED EASt UTOPIA ESTATES, A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE;
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA:
(Here follows body, of resolution, omitted here and
on file in the Office of the City Clerk.)
-------------------;-a------------------ �-----'--`ram--Y-------YID---
7. (A) ACCEPT BID: EMULEX CORPORATION - FOR FURNISHING TWO MICROCOMPUTER
DISKS, INSTALLATION AND EXTENDED MAINTENANCE - TO BE USED WITH
CITY'S GEOGRAPHIC°INFORMATION SYSTEM (GIS)
(B) ACCEPT BID: BROWARD. ELEVATOR SALES AND SERVICE - FOR FURNISHING s'
ELEVATOR MAINTENANCE AT SEVEN CITY LOCATIONS (Department of
General Services Administration and Solid Waste/Property
Maintenance Division).
-------------- ------------------- - ---------------------
Mayor Suarez: CA-1.
Vice Mayor Alonso: I just want one and two together so...
Mayor Suarez: Can we do 1 and 2 together?
Vice Mayor Alonso: Yes
_ _ w
Mayor Suarez: Yes. A clarification or..
Vice Mayor Alonso: No, just...
Mayor Suarez: OK. Oh ;just to vote separately on them?
Vira Mavnr Alnncn- Vac
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� p0�1I=gp+��rTyi�}��.Ctsliondr ftwkns ther�soluti�ns.�p�is
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A ' i omit��666 'Vitt�/l Do Yur- a �
:. Ct�i"sa liir Miller Ji Dawkins
�,
.,�.
Mayor Xavier L. suare
No ss Vice''Mayor Miriam Alonso.
AUNT., None
COMMIENTS;MADE DURING ROLL CALL,. -
Vice Mayor Alonso: I vote no.
Mayor 5uaret: Wait, wait, Madam City,*. the whole point of the exercise is
she wanted to express...
Commissioner Dawkins: Register`a no vote.
Ms'. Hirai: I'm sorry.
Mayor 'Suarez: -,.her vote clearly on those two items. And you kind of
whssst...
=
Vice Mayor Alonso: Yes, it's... the only reason I'm voting against -is because
it's nonminority, nonlocal, and I have made a point of voting against those
items until we can resolve some of the problems that I'm having with the
constant approval of nonminority, nonlocal vendors. So I vote no.
Commissioner De Yurre: Just for the record, were there any locals that bid? -
and'wha 'kind of bids did they present?
Mr..'Ron WiIIiams:..-Commissioner-De, Yurre, on -item one.,;there were no minority,
no local vendors responding.
altogether?
Commissioner oe-Yurre ' How many, respondedME
Mr. Williams: Was,it 247 Twenty-four.
commissioner. De -Yurre; ..". Twenty-four. J
;rr. Williams: Item two, , one female vendor was contacted, but there was no
esponse.
Commissioner De Yurre: "Did you just.contact'the one, minority?
tNr".'`Odio: '' Let me clarify": ' On' item one, potential bidders ;were' 25 -; 24, I'm
.
sorry 7, and bids were received were five nonminority. We didn't receive",any
other bids
Commissioner De Yurre: How many of the 24 were minority that...
5
'ter.
4 �h:
as
:5
23 Oecember,9
_
r
Mot the 24, 24 were norninorities and there was only one black fiM
AtA a :them ryas total of ; t'm sorry.
4
_.-Commissioner Ce Yurres And these were entitles or were contacted by the City
to 101.to tho to bids
_ ,
a
MrY Odio: l�► ess :.
Mr. Willidule, Yes.
-
Mr. Odio! Potential bidders.
-
Commissioner De Yurre: On this particular situation, is ,just one... is one
minorities in the business or, you know, what's the story,with-that
Mr, Williams: There was one thatWewere able to identify and locate, and,
obviously, we solicited a bid and a response from that vendor.
Mayor Suarez: Will you follow up any determination today and in line with
Commissioner De Yurre's questioning, to let the various associations of
minority suppliers, contractors, etcetera, know that there's apparently no one
in this f ald. It is an -esoteric field, but people have an ability to create
new corporations to deal with existing suppliers of esoteric equipment such as
_
microcomputer discs, and' -all of a sudden these joint ventures come up where at
s
—
least people have a participation. So if you'd follow it up with'a
—
notification on such and such a day the commission had a vote on this item,
_
there was;no minority applicants. You know, put some ideas into their heads.
Mr. Williams: Certainly, Mr. Mayor, certainly.
Mayor Suarez:- Anything further, Commissioner?
Commissioner De Yurre: No. I vote yes.
_
—------------------------------------------------------------- ------
8. DISCUSSAND TEMPORARILY TABLE `CONSIDERATION `OF PROPOSED RESOLUTION..-
=.
_
ALLOCATING $86;540'OF 17TH YEAR COMMUNITY'DEVELOPMENT-BLOCK GRANT'(CDBG)
FUNDS '.TO'METROPOLITAN DADS COUNTY FOR-DEVELOPMENTOF'A�DAY CARE CENTER
IN THE RAINBOW VILLAGE HOUSING PROJECT IN OVERTOWN - EXECUTE AGREEMENT
(See label ` 33) ;
OR =
Mayor Suarez: OK, item.7,-Commissioner Dawkins wanted clarification.
Comissioner Dawkins:- J.L. too. I'll wait for J.L., go ahead.
Mayor Suarez: OK, we'll hear from...
,
-
Commissioner Plummer: Very 'simply, my question is us giving money -.to. Dade
_
County...
Mayon Suarez: The older "Blues Brother."
24 December 5, 199.1
;.
,s '3
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9
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C6*i1s'loher; pluMmer: s..to operate day care centersi, Why aren't' we doi 1
.: }
it ourselves:
u,
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Mri Frank Castanedat Commissioner, this is for construction of a day care,~
for rehab of a.building for day care, which we are providing $78,000 for thee
purpose,,:, The total cost of the=project will be $226,000 the rest coming from
Dade County. If you recall, during the discussions. of the Community
.;
Development Block Grant, this had become an issue of allocating more money for
_
publ.iC>_housing_activities, and people in Overtown were very much interested in
creatinga day pare, you know, at that center. And the people from St. Agnes
-_
Church were.very much supportive of this project.
Mayor Suarez: Are they going to run it, or who is going to run it, Frank?
-
Mr. Castaneda: i,believe that CAA...
Rev. Shedrick Gilbert: It will be ran by persons from St. Agnes...
Commissioner Dawkins: Your name, please, name, please.
Mayor Suarez: Reverend, please, your name.
Rev. Gilbert:, Reverend Gilbert from St. Agnes Episcopal, Church.
Mayor Suarez: You are going to be integrally involved....
Rev. Gilbert: Right. Yes, I am.
Mayor- Suarez: ...and .you're going to put a lot of supporting personnel,Mt
volunteers efforts, etcetera, into this,. right? I mean, that's the whole
14
idea.
Rev. Gilbert: Right. I was the one who came down and presented the project
and you appropriated the funds. We have made studies and decided that instead
of the eighty-six thousand that you gave us, which would not be enough for us
to build a ;day-care center on Rainbow Village, HUD has .:approved and -have:
decided 'to. give us the rest of the money to compensate for, the,;, rest of this=
money:. to compensate and make room for at least 60 or. 75 kids.'
LIS
Commissioner Dawkins:" How much is the County paying, Frank? -
Mr. Castaneda: The balance between eighty-six five forty, and $225,000.
;
MayorSuarez: What does it come out to be, please?
Mr., Castaneda: A hundred.and 'forty.
Mayor Suarez:- Thank you.
_
Commissioner Dawkins; i-just_can't see ..:me, I'm not voting for it OK? .IT.
-
just can't see putting all - I mean - almost a third, a fourth... I mean, a
`4
what? -a third...a
25 December.- 5,. 199
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!vyy-- 4��:fatrt�i +�i k } m�+•sk,+mP'A}`F r.•mneR',s Li �F9�Rwigr±^..' qy '�,.
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Myorksuhroft Val, a third.
Mrs staneda: Third.
Commissioner Dawkins': And 'the*. County is going to run it, take advantage of
it. The County has to do something, OK? Now, I just don't see us taking our
—
money `'when we got day <care centers in the City of Miami. Now I would have
given them the eighty-six thousand. I have no problem with that. Now, if the
County and those want to give them the money for that church to build a day
care center and for that church to run the day care center, you've got my
vote6 But to give the County the money when the County don't give us nothing,
and every time you look up when we go there for something and we don't get
-
anything, but then they come here and want me to do something with ,them. I
will not... I got a no vote. That's why I asked for it to be pulled out.
Mayon Suarez: On'CA-7, any further questions? If not, I'll entertain a
motion on the item.
Commissioner Plummer: pastor, do we have assurance that the children that
that will be provided for are City residents?
Rev. Gilbert: Yes, you have our assurance that this is it.
r
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Mayor Suarez: Remember the study that was done of Rainbow Village by St.
Agnes and it showed that ninety some percent of the households had single
parents, and they were trying to get work for the single _parents and the whole
-
idea so that the kids can be taken care of while they go to work, and we can
straighten up a major public housing effort. Understanding too, that really
this is basically, over .the years, has been a County responsibility or a HUD
responsibility. And we're kind of going in here a little bit beyond our
powers but we're using federal funds to do it, I mean, and federal HUD funds.
=`
I`identify with what Commissioner Dawkins is saying, but on a two` -to -one match
With the County and St. Agnes involved, it sounds like the right mix to get
something done here.
-
Commissioner Dawkins: All I'm saying is 'if the County and_:those... the,'church
is already running a day care center.- If everybody is so concerned about the
black kids in that area - because that's what you're saying, that's what live
around there '- receiving day' care center, why doesn't. the: :City< -.of Miami, and
the County give the money to the present day care center, upgrade its center,
and have a center there that instead of when you do this, that day care center
r'
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run by that -church will go out of business just as sure as I'm sitting here.;-
e"
Mayon Suarez: I think the main problem too is that it's going to be located
}
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in the HUD project.
Mr. Castaneda: That's correct.
Mayor Suarez:So it has to, somehow, be channeled -through the County.'
Commissioner;. -Dawkins: OK, no further discussion; . I'm voting- no:. Let's: call
�W
the" roll
a .
a
26 December 5 1991
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Vice Mayor Alonsol Can wo defer this item until the next CoMission meeting
s� we Fiore opportunity to really took into this? -rather than taking;: a
.have
today
Mayor Suarez: If you want to defer it for further...
Vice Mayor Alonsot Yes, i would.
Mayor Suarez: ...information...
Commissioner. Dawkins., Second.
Mayor Suarez: ...that's fair enough. Moved and seconded. Any discussion?
If -not, � call the ro11. Reverend, you got your work cut out to clarify it for
Commissioners that are concerned, and, hopefully, we'll get this resolved in
first meeting in January.
Rev. Gilbert: I hope so. It will be two years since this project was
—
started.
Mayor Suarez: Well, -if... another alternative, if the Commissioner wants to
change that motion to a tabling until later on today, that's your
prerogative - Vice Mayor.
Commissioner Dawkins: You know, .I hear what you're saying, see, but I
don't... I mean, I can't see where you're telling me that you waited three
years to give something to the County.
Rev. Gilbert: Two years, I said.
-
CoMmissione'r Dawkins: OK, yes, I can't see where you waited two years, and
you worked to get it, yourself to give it to the County. I don't understand
that. -
}
Rev. Gilbert: No, we aren't giving anything to the County. We said that the
{
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people at St. Agnes is a different committee altogether which will not have
=
any effect on the day care center at St. Agnes.
_
Comnissioner:Dawkins: Call the roll. I mean, it's one vote, there's four up
,
here for it. Call the roll.
Vice Mayor-Alonso: Well, let's find... for my sake, may we table this item.
and. perhapscome back after lunch?
Mayor Suarez:: ,Absolutely. Withdraw the motion to ;defer.
V,1ce Mayor Alonso: Rather than deferring the item, table
Mayor Suarez: Reverend, maybe St. Agnes could take the Vice 'Mayor..,to. lunch
and.;explain and: clarify and... the formula has been developing over.a,two-year
J-
gyp}
span. n fairness, this is the final step. Maybe we ought to try to see if.
we can get it resolved today. How's that?' Can you come back at two?
K
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Rev. Gilbert:; Try.��`
4
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27 December 5,- 1991..'
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63RO.
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'
�tisrrer
Iiawines 'ihat's ,finev What was developing bust two
years was
�f
no =to build V t the County build - a day care center. Now if I'm
inerrors
it
h .:
crr�+ct : 'Wlta:.was. d+sveloped over two years for fit. Agnes.
c
M'beIuarI think theylre doing Ube basically operating.&.
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Commissioner Dawkins: No,, no, correct me though, if I'm wrong,
then i'll
rembve my.
Mayor Suarez: Well, it,s a multi -party, it's like the clinics,
you know,
where.:the County health services is running them. We're giving the
land, the
state is giving the funding. It's a multi -entity effort. In any
event, he
sounds, like he's going to vote against it, but maybe you ought to tako:him to
lunch too.
Commissioner Dawkins: No, no, no...
Rev. Gilbert: I'll take him somewhere else, not to lunch.
Mayor Suarez: ,Can you come back at two?'_
a
Rev. Gilbert:. Sure, I'll try.
Mayor Suarez: Let's try to see if we can get it resolved.
ATTHISPOINT ITEM CA-7 WAS TABLED UNTIL 2:00 P.M.
----------------------------------------------- ------------ ------------- _
-
9. EXECUTE AGREEMENT WITH YMCA OF GREATER MIAMI - TO PROVIDE A GRANT
-
_
.($75000)_,FROM. ,COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
COMMERCIAL-
_ (LATIN
FACADE- PROGRAM FOR RENOVATION OF - DOSE MART YMCA
QUARTER OF
Zoo
;LITTLE HAVANA NEIGHBORHOOD TARGET AREA).
-
------------------------------------------------------------------------
- -
Mayor>,_Suarez: OK, on item...
Comnissioner.Dawkins: Item 9.
yr,--
-
Mayor.Suarez: ...nine.
Commissioner Dawkins: Why are we giving the YMCA $75,0007=why?�
Mr. Frank 'Castaneda: To do a major. commercial renovation of the., YMCA An
'
L ttle:Havana. As ;part of this,<the County will also be providing
$75,000 and
`
the-411
y will' be raising about another quarter -of -a -million dollars to
do a major
renovation,.of that facility.
`2
5
Commissioner Dawkins: Where is it located?Y_
Mr. Castaneda: It is located at...
}ram
28 December, 5,, T991
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.'— P,71"i�k'#5�
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OverP�tiKfiie�": SiXteenth Avenue :and bth Street.
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Ms,&Mercedes gusto: 416 S.W. 16th Avenue. iim Mercedes Busto...
C6*4fl6hat Dawkins: Located where?
CoMissioner Pluitmer: Sixteenth Avenue and S.W. 5th Street,
Ms. Busto: Bast Little Havana.
Commissioner Dawkins: Sixteen... S.W. 5th and S.W. 16th. OK, all right.
Mayor Suarez: Is this from CDBG (Community Development Block Grant)?
Mr. Castaneda: That's correct, Commissioners. This had been previously
approved; -by...
Commissioner Dawkins: OK, thank you, Mr. Mayor. That's all I'm asking him.
Mr: Castaneda: ...by the City Commission, and we were pending the allocation
of funds by the other parties.
Mayor Suarez: All right.
Ms. Busto: May i explain...?
Commissioner Dawkins: Now this says this is from -the Community Development
commercial facade program -funds.
Mr.-Castaneda: Correct.
Commissioner Dawkins: What are you going to do to continue to facade `in=that
area? -that this' moneyAs` taken from?
Mayor`Suarei: -'`Are there going to -'be any other facade improvement efforts.*An
the area?
Mr.Castaneda: Yes, there 'are, and we are working in a number of ,projects
with Metropolitan Dade County on:8th Street and on Flagler"and 12th and 17th`
Avenue:. .
-:
Commissioner Dawkins: All I'm saying `is," :you're taking , $75,000.` .from 'the
facade .program i n Li ttl a Havana. OK? You're < takl ng i t from `'i t. -
Mr.,_ Castaneda: "That ''s correct,- sir.
Commissioner Dawki ns : What do you plan to do to replace i t? -or you thi nk�r
It i
it, not needed? -or. we!ve done all we need to do :;in hat urea? Tell `me what
you're doing.
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29 December'$,991
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Mrs Castaneda:v No, we have- suff,iciant funds to maintain the commercial -facade
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Ngram: in, Li tti a Havana ,And, other areas at this time.
C rniaa offer oawki si,How;yu take $i5,000 from the facadeprogram
:muchif otk.Y Y -;s
,
ih�1ittla Navana what wi11 be left? _
Mr ,.Casta►noda: We have a Citywide fund, and we do not have the funds
'
allocated by target areas. If my recollection is correct, we have about
$260 000 left in,;that fund for commercial facade Citywide. And as -we're doing
particular. projects. we're making the allocations.
Mayor Suarez: It's got to be commercial, right? It cannot be residential
then.
}
Mr. Castaneda: That's correct. That's correct.
Mayor Suarez# That's by what...?
Mr. Castaneda: We also have a residential rehab program.
4
—
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Mayor Suarez: It's a CDBG guidelines?
#:
Mr. Castaneda: That's correct.
Vice Mayor Alonso: Most of the time, what is the average amount that you
allocate?
Mr. Castaneda: Usually it's a much smaller amount. It's $1,400, and the
reason for that is that we keep the project under $2000 in order to avoid
Davis Bacon. And in this particular case, since Metropolitan Dade County is
allocating funds in the amount of $75,000, we are also matching that money and
so: forth. And; therefore, this would be. a project that we would:have. to pay.
'
Davis -Bacon wages on this..; And since there s.so`much money .that s-why=,we:re
doing. it. If we would do projects in the three thousand or four thousand
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dollar -range, -we would trigger Davis Bacon, increase the paperwork, and not
substantially rehab the business.
Vice ;Mayor Alonso: iCou.ld you give me some description of the kind of work.
that's going to be done?
Ms. Busto: May I answer that?
Vice Mayor Alonso: Yes.
z,1;
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Ms.:Busto:. I'm,Mercedes Busto from the.Metropolitan YMCA board of directors.
With= me Al so is Mr. George Knox and Frank Angones:. and.; Gary: Graham, and. Ruben
Davis-4rom;the management. I'm;also a board member of the YMCA of Little
t
Havana, Jose Marti. What we're doing is renovating...
Mayor Suarez: While you answer the Vice Mayor's question, 'make sure you tell
us,that: the :basketball court inside there.is going to be fixed too. I mean,
F
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some...
6 rq r
30 December 59 I9S1
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MsuatoY Yes, sirs 'that's a major part there of what we're having is a
a
eoihiiunity center to,,serve 'tha children and youngsters of Little Havana which
are mainly immigrants right now. And there's a great population of under-lg
`
chi ldrai,there and slrgle..parent families, And there is a big need for than
The < fati l i ty; has been closed , by Rehabilitative Services), We
need to dig that, and we have been relying on this $790000 grant which the
Commission� .
Mayor Suarez:,Is it going to be open for everybody? -for the entire Community
to participate?
.�
Ms. Busto: Oh, yes, sir. Yes, sir, including...
Mayor Suarez: Or are you going to have to show that you have a long line of
YMCA participants in your family going back to your great great grandfather or
something?
4_
;>
Ms. Busto: Yes.
Mayor Suarez: mean, 1s it really open to the public? -to the people in the
neighborhood?
Ms. Busto: Yes, sir. Yes, sir. It's...
t
Commissioner Dawkins: Move nine.'
Commissioner De Yurre: Let 'me interject, and I'll second, Mr. Mayor.
Mayor Suarez: Moved and seconded. I'm sorry, Vice Mayor finish your line
of... yes.
Vice Mayor Alonso: Please. May I finish with my question, because she was
trying to. tell me.. she'told me how wonderful it is for the community. But my
question was...
y_i
Mayor Suarez: What did the improvements, please?
Vice Mayor Alonso: ...the work that was going to be done.
'
Mayor Suarez:. Right.
Ms. Busto: -In addition to the facade. This is a. building that is a very old
building, and it is like an architectural gem, because it's an. Art Deco
-ding
bull in the middle- of Little Havana. And that wiII be preserved and.
enhanced in this design. In addition to that, there is electric work,
plumbing, the gym - as the Mayor .commented --and just refurbishing of the
building ,so that it can be open to the community.
Vice Mayor Alonso: OK.
,
z
Ms. Busto: But the facade is a very important part of that.
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Vice Mayor Alonso: So the extent of the... it's so expensive because you
going much more than the facade.
1 F4T
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31 December'5, 1991
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Busto. it's four hundred...
3
Viw;MByror: Al OU61 And i t do#$• cover this? 13 it de t eptabl a to the rules and
regulations. i:hat if� usedi*or soMething else other than the facade?
3.
i
Mr il Castaneda: Well, Commissioners, ware only putting $760000.
Vice Mayor Alonso: I know, but that's a tot of money. Usually you put about
ITt_
fourteen.
Mr. Castaneda: Right, but what I'm saying is that there's also County money
Vice Mayor Alonso: And it doesn't change the fact. And when you say the
amount, it,has nothing to do. The regulations just... you have to abide.by
the regulations.it does...
Mr. Castaneda: Our money basically is going to remove the violations of...
zoning violations that they have and the facade program. That's all that
we're doing with our money. And then the other money is going for the major
improvements.
Vice Mayor Alonso: OK.
Mayor Suarez: OK, let the record reflect when he says that our money is going
to remove the zoning violations it doesn't mean we're paying off any zoning
_
inspectors or anybody. We're going to actually correct the code violation....
Vice Mayor Alonso: Some of these records will.
Mr. Castaneda: No, no, no, sir.... no, correct electrical problems and things;
of that nature, Commissioner.
Vice Mayor Alonso:. We understood what you meant.
Mayor Suarez: What's the involvement of the gentleman with the moustache
'FI
there in the front,row.with...
=
Ms. Busto: ,Hel.s a member of the board of directors of -the...
Mayor Suarez: Is he allowed to play basketball at the facility?
a
Ms. Busto: On -occasion.
Mayor, Suarez: Mr. Angones..-Is'he.giving free legal services?
Commissioner Dawkins: Can he play, or is attempting to learn to play?
Mayor Suarez: In the old days, way back when La Salle was still around. All
,.
right,, thank you.
t
Ms. Busto: Thank you.
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32 December 5, 1991
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o or °�rty�l.ng. farther, Comnissi�rers?
:uare
I .just wanted to add,, Mr Mayor, that_ the °Y". a begin
y
=
'towissiorier
�► great: pant of tha . i.it'tl . Havana l'etyrrr ni ty for mainy. years r And, i n faotifAna.
yr served as;.ot�unselor there back in the mid�y0�s.
amilis 'on er Dawkins:` That�s why it cl09ed.
Commissioner plumnar: that's right:
Commissioner De Yurre: No, no, it kept going, it kept going. And there has
always been a• lot of love and a lot of care for the children and everybody
involved in; the program there. So it's certainly worthwhile forCity :the to
get involved in this effort.
a
Mayor Suarez: Very good. Moved and seconded. Any discussion? If` not,
`
please call the roll.
Ms. Hirai: You move it?
Vice Mayor Alonso Yes.
The following resolution was introduced ,by Commissioner Alonso,.who
moved,its-adoption:
- RESOLUTION NO. 91-877
A RESOLUTION, WITH-ATTACHMENT(S),, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE YMCA OF GREATER MIAMI, INC.,
TO PROVIDE -A GRANT IN THE AMOUNT OF $751000 FROM; THEE
COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL FACADE
PROGRAM FUNDS, FOR THE PURPOSE OF ASSISTING IN THE
RENOVATION OF THE'JOSE.MARTIYMCA LOCATED IN THE LATIN
-
QUARTER OF THE LITTLE HAVANA NEIGHBORHOOD TARGET AREA.
(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
V
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
;.Vice Mayor-,:Miriam,Alonso
Mayor ;Xavier L. Suarez
-
NOES: None.
'
R.
-T
ABSENT: None.
=y
33 December 59 199J
;w.
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gals
M.
AUTN0AI1E `PAYMENT OF PARKING FEES
FOR STORAGE OF SEIZED VEHICLES N
GOVERNMENT CENTER PARKING GARAGE #8
W ALLOCATE $§j000 (Law Woroement
Trutt rust Fund) i ,.
�I►.YII�Y�iY.iYtY+l�llifl�Ull✓J1RY'iiY illfiWWYYYiil�iilf�YiW iiWYii1�Y MWWiiribYiYi�iW iRYYCW riYifiiKWaiYiYiiiii:iYl+f6il�rY�iiYliiiifWlW iif Wif�iiY i'iiiYiilYiilWWi1
„�
Meybr Suarez: item 10, Commissioner Plummer wanted a clarification,
hopefully.
a
Commissioner Plummer: Yes. Joe, sorry I didn't get to this before. First of
=
ails it doesn't say 'how long this grant of monies is for? Is that for one
year? mone month? -ione week?
Lt. Joseph Longueira: No. I believe it was a_settlement that covered a, per...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Lt. Longueira: OK, from October 190 through December 191 covers the storage
of vehicles.
;
Commissioner Plummer: OK. And that's in that trouble spot of five. All
r
right, that's all I wanted to know, Mr. Mayor. Thank you. I'll move it.
Vie Mayor Alonso: Second.
Mayor Suarez: OK, on item CA-10, moved and seconded. Any discussion? If
not, please cal the roll.'
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION'NO. 91-878
A RESOLUTION AUTHORIZING THE PAYMENT OF PARKING FEES,
FOR THE STORAGE OF SEIZED VEHICLES, IN THE GOVERNMENT
CENTER PARKING GARAGE #5, AT A COST OF $9,000; AND
ALLOCATING FUNDING THEREFOR FROM THE LAW ENFORCEMENT
TRUST' FUND.: SUCH- COSTSHAVING BEEN APPROVED BY THE
CHIEF OF POLICE.
tia
(Here follows body of resolution, omitted here and on
file in:the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
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34 December 5, I99
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f: �i�
n SSCDND READING".ORDiNANCU GRAM GAS FRANCHISE TO PEOPLES GAS SYSfiEMI,
f,z
tNC EECUT.AGREEMENT Tb IMPLEMENT PROVISIONS OF FR►NCNf ,
y _
Wii YiYliiiY.lii/IYfi lYliW{f4i�IRiYtlldiilii'.YitiEiGNYiia►I.i SY1iGYfatliliii YiiYi klYi WiWvii{�ii>IiiifiilG3iii11tiD16Yiiit
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Mayoruare: bKo:item 2, second reading. Peoples Gas System.
Commissioner Plummer! Move it.
Mayor -Suarez: Franchise. <Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC., ITS
ASSIGNS, A GAS FRANCHISE; AUTHORIZING
-
SUCCESSORS AND
THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
TO IMPLEMENT THE
MIAMI AND PEOPLES GAS SYSTEM
PROVISIONS OF SAID FRANCHISE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading -by title at the -meeting -of November. 14, 199,1=
reading by title and adoption.' On .
-
was taken up for its second. and final
motion of Commissioner Plumper, seconded by Commissioner Alonso, the Ordinance
and passed and
=
was thereupon given its second and final reading by title
=
adopted by the following vote:
AYES: Commissioner Victor De Yurre
- Commissioner Miller J. Dawkins
_,CommissionerJ. L. Plummer,:Jr.._
Vice `Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10935.,
The City Attorney read the ordinance' into the public record; and
to the members of the: City Commission and_
announced that copies were available
to the public.
r
_
Mayor Suarez: Item...
Commissioner Plummer: Mr. Mayor.
k
C
36 December: 5,
g-
41
;� j
.i`AyLZ'+C= 't1tri f
' S
r s t
t
Fg'*}3 `, `'d, if : 7 s = JL :' . • t
'Iti�iel p'ii i° thi"W that" aybe it would
!kw i•
be helpful if. you MIOu1d
_ o i1
have, boon Withdrawn t
.that
Mayor Suariev 'thank you y yes i
. t
_i Comissioner plummer: I see Mr. Bercow sitting here for BBA, item r3, and
that 15 been� =.
- Mr•.Bdio: No,'►o,'d like to clarify that. We do
not want to withdraw it.
it
_ We felt that we would, but it's been clarified to us.
Sow e'11 leave on
Commissioner Plummert Well, the other...
Mayor Suarez:'OK; so item"13AS not withdrawn then.
- Mr6 Odio: .It's`�not.
Mayor Suarez:' items 31, 380 46,and 47 of the
regular City Commission
agenda...
- Mrs odio: Yes.
° Mayor -Suarez:. ...have been withdrawn*
" Commissioner Dawkins: Thirty what now?
Mayor.Suarez: :Thirty-one, 38 46, and 47: If you
want, at the appropriate",!
time, when we'get to those, We can get clarification
if you'`d like to:`have any.
= of them:..
- vice'Mayor-Alonsoi Thirty-one, 386oe
Mayor:Suarez:_Forty=six and 47.
CORM i'ssioner Dawkinsi Thirty-one, 389 36, and 47.
_ NOTE FOR THE 'RECORD: At=this point,
Administration
announced that agenda item 13 will be
reinstated and
°that agenda items' 319 38, 46 and
47 are being
withdrawn.
•
37
December S;'9�h
1
'Rom. R00P� 1K.M � ',R51 -1
Ft.
(Continued` biscussioh) RATIFY MANAGRIS UTILIZATION OF THE i0ftb
PAbbUOTIONi-,SERVICISOP,PRONkMARKEto INC4 (W label 11)6
, No
Mri Odio: Commissioner Dawkins, that item 11t CA-11. Itisablack minority~.:
Commissioner Plummer: Well, can I ask a question?
Mayor Suarez-. Yes.
Commissioner Plummer,. Miriam. I'd like to know what is the video tuppose&.to.
do?
Commissioner Dawkins: What does the ,what,. J.L.?
Mayor Suarez: The video.
CommissionerPlummer: What is the video supposed to do?
Lt. Joseph Longueirao, Well, the video was supposed to show programs of the
Police, Department positive programs. Most of what the public sees is,.
negative things that occur between citizens and the police or criminals, and
the polic6i Or, on,some occasions, innocent people and the police. It was to.
promote the department.
Mr. Odio: Let me explain this, Commissioner. When Perry Anderson was here,
he began.to,negotiate with this fellow. It,was for .a longer contract..-:When-
the- new administration came In, they, stopped :the., filming and, this, -is,F-the,
amount that: was, due.
Commissioner Plummer: But... so it's paying after -the -fact?
Mr. Odio: After -the -fact. It is paying after -the -fact, and it was something ...-
that__was`done wi th, the law enforcement -money, and like I said, it was
longer, bigger contract...
Commissioner Plummer: All right, all right. In other words, it's ended...
Odio: It's ended. This is just to pay him off.
Commissioner. Plummer: Thank you.
Mr. Manuel Gonzalez-Goenaga: May I?
Mayor Suarez: No, sir. This is not a public hearing. It will be though in a
Iittle:-while, so you;llbe.able to beginning...
Mr,,.Gonzalez-Goenaga: You asked,me, and I said that 1-manted,:.to speak in, C-11
for one minute, only. Not two, one.
MayorSuarez: Al -I right,, give us your one minute's worth.
38 December- 5, A, 91
I
Re'�,t
r { Fr
rC t
r
4 _
Mrs �o;aleGoenla: Can I
j Mayor Suarez: Yes, go ahead, sir.
or Oonalez-Goenaga: OK. The issue here, my friends, is than the purOose of
thls,vidso, and it's stated on this letter, is to enhance the reputation of
the department in the eyes of the community. You know what this video is
doing? Deceiving the community. So we cannot spend public money to deceive
the public. We cannot spend one cent in anything to deceive the public. Mr.
Mayor and Commissioners, if you want to steal this building, OK, do it. But
please,. ;tell the truth to the voters. Tell the truth to everybody. Don't try
to steal the building through the back door. Whatever you do from now on,
whatever new thing comes into this Commission, whatever new contracts come in,
I would like to know! And the community wants to know the contributions of
the lawyers that are; assigned, that have made to the political connections
It's very important. Please, full disclosure! The essence, full disclosurel
If Mr. "X" attorney is going to be hired by the City, how much has he donated
to each and every Commissioner during this campaign or previous campaigns?
The community wants to hear the truthl The community here is tired of hearing
deceiving information from all of yowl So except probably for Commissioner
Dawkins and Mrs. Alonso...
Mayor Suarez: That's Dawkins.
Mr. Gonzalez-Goenaga: Let me tell you...
Mayor Suarez: That's Dawkins here.
Mr. Gonzalez-Goenaga: ...I know, I understand now the problems of the Cubans
with the communism. But we have another communist i`n herel -in this
triumvirate) But this is under-the-table, underground instead of over-the-
counter.
Mayor Suarez: All right, thank you, sir.
Mr. Gonzalez-Goenaga: That's enough for this issue.
Commissioner Dawkins: Move seven, I mean, eleven.
Mayor Suarez:, The item has been moved. #
Mayor Suarez: All right, it's been seconded.
Commissioner Plummer: But with the assurance it's been stopped.
Mayor Suarez: Needless to say, in the future, the wording can never be as
stated there. You've got to do it to inform the public of police activities
and etcetera. Not to enhance the reputation. I mean, that's...
� 7
39 December`5, 1991
Vise Mayor Alonso: M1 I ask this question. Why the filming had to start
tknf
before getting aooeov
Lt. Longue rat ommi'ssloner, as 1 'understand it; they were in negotiations
but there were several projects going on that they wanted to film that
wouldn't be done again: And they did -them, and they started on it.
Vice Mayor Alonso: You know the way I feel about something like this? Asking
the person who signed the approval to pay it from his own or her own pocket.
Commissioner Plummer: You'd sure slow it down.
Mr. Gonzalez-Goenaga: Or De Yurre's campaign funds.
Mayor. Suarez: Sir, now you're out of orderl And the next time you do that,
you will be removed. Have a seatl I'm sorry.
Vice Mayor Alonso: I definitely cannot vote for something that I feel,
because if everyone in the City of Miami were to do this, we will have to be
In really hot hot water.
Mayor Suarez: OK. We have a motion and a second on the item. Any further.
-
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-879
-
A RESOLUTION RATIFYING, CONFIRMING, AND APPROVING THE
CITY MANAGER'S AUTHORIZATION TO UTILIZE THE VIDEO
PRODUCTION SERVICES OF PRO -MARKET, INC., WITH FUNDS
THEREFOR BEING ALLOCATED, IN THE AMOUNT OF $6,0009
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET,
INDEX CODE NO. 290201-270.
(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.'
-µ
Mayor!Xavier L. Suarez
NOES: Vice Mayor Miriam.Alonso'.
ABSENT: None.
.;`
COMMENTS MADE DURING ROLL CALL:
40 December 5, 1991
411 , V�,_'Fr'
fir
-
�1l i6r "tug Magi'' amo r�eserVations expressedo
Wei<
1i
y. .
NOTE FOR THE RECORD: On motion duty made by Vito
Mayor Alpnso and seconded by Commissioner De Yurre,
Commission
the minutesof the planning and zoning
meeting of September 25, 1991, were approved by the
Commission.
NrrLarii llGri.raY.rrrf ili.i+�alYi..rii--r5. ai-----r-------ilir3wic iriliYhY ...
.':'
_
NEW
ESTABLISH TWO NEW SPECIAL REVENUE FUNDS: (a)
14. SECOND READING ORDINANCE: •
' AND (b) JTPA TITLE III'(PY APPROPRIATE.
;
-
JTPA TITLE III A (PY 91), .91)
$5091510 AND $121,335, RESPECTIVELY, FROM SOUTH FLORIDA EMPLOYMENT AND
'
TRAINING CONSORTIUM (SFETC).
---------------------------------- ----- ------------�-__
Mayor Suarez: Item three.
Commissioner Plummer: Move it.
Vice Mayor Alonso: So move.
E
Commissioner Plummer: Second.
-�
-
d and seconded. An discussion? If not, please read the
Mayor Suarez. Move y
ordinance.. Call the roll on the item.
AN ORDINANCE -
AN`ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE.
_
FUNDS ENTITLED:' "JTPA TITLE< II�-A *(PY 191)" AND° "JTPA
TITLE,,III (PY 191)"; APPROPRIATING' -FUNDS FOR:OPERATION
`
OF EACH COMPONENT IN THE RESPECTIVE .AMOUNTS.°OF
$5099510 .. AND-$121,335. FROM , THE SOUTH .`FLORIDA
- EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
f
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
* —The-letters ,'PY" mean "program year".
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 Plumner,,seconded by Commissioner Vice Mayor`Alonso,
°F
the Ordinance was thereupon given its second and final reading by title and
r:.
passed and adopted by the following vote:
s
F
41 December 5,,991
r e
The follOwlrlg tG101ution WAS introduced by Commissioner Plummer, who
F
ftVed 1ts.4doptionl
RESOLUTION NO. 91-880
A. RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
3{
-
MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO
SERVE THE REMAINDER OF AN UNEXPIRED TERM.
(Here follows body of resolution, omitted here and on
=
file in the Office of the City Clerk.)
=
Upon being seconded by Commissioner 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.
,.'
------r------------------------------r—_--_—r_rrr.rr:.rrr-----r.r,__.ri,.rrrr_r—�rwrr
16. SECOND READING ORDINANCE: NEW SPECIAL REVENUE FUND: STAY IN SCHOOL
PROGRAM (FY 191) JTPA TITLE II -A --APPROPRIATE $130000 -FROM SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC).
----------------------------------------------------------------------------
-
Mayor Suarez: Item four. Second reading, special revenue fund, stay in
school program...
-
Vice Mayor Alonso: I so move: ...
_
Mayor Suarez: Moved by the Vice Mayor.
Commissioner Plummer: Second.
-;
Mayor Suarez:.-- Seconded. Any discussion?. If not,.please cal;1 the... read the'
4
ordinance. Call., the >ro1J .
.
AN ORDINANCE: -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: 'STAY IN SCHOOL: PROGRAM'(FY 1.91):JTPA'II-A";
APPROPRIATING 'FUNDS .FOR THE:;' OPERATION OF' SAID "PROGRAM
IN THE - AMOUNT OF 1$13,000 FROM ' THE. SOUTH'FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
f
,
43 December '5., �191
A
i TZ ti
f
i
r t as d on i first -fladi h0" by title et the M, eati n of N r
,
I9 iwas taken up "fir its second1nd: final 1Peadin§by' titl6 and edop, ien�,e.
:notion cir;issicn+er A1nso°�secoi�ded by Commissioner Pluirtler, therd�n�ne
:wasp' th'aeoUoioi given' 'its sectnd and final reading by title and pissed and
WOW by the following vote:
AYES: Cotr�issioner Victor be Yurre
CdMigsioher Miller J� Dawkins
{
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam°Alonso
Mayor Xavier L. Suarez
NOES: None.
y.
ABSENT: None.
a
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10937.
The City Attorney read the ordinance into the public record rind
announced that copies were available to the members of the City Commission and
to the public.
_
r
.rrrrrrrr.Water—rrr.�.+.rr,rrrrrrrrrrrrr—rrrrrw. rirrrrrrrr.rrrrrrrrrw.rwrrrrrrrrrrrrrr�rrr
Y 0
17. SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY OP"MIAMI
CAPITAL IMPROVEMENTS FOR FISCAL YEAR 1991-9 -
2 REPEAL ORDINANCE 107$2.
{''
9f
rrrrrrrrrrrrrrrrrrrvrrrrrrrrrrrrrrrrrrrr rWrr
_ rrrrr rrrrrrrrr rrrrrr� r rrrrrrr
Mayor Suarez: . Item five.
¢..
Fi
.
,<
Commissioner Plumper: Move
"
Vice Mayor'Alonso: Moved.
-
Mayor -Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance. Call the roll.
A&,ORDINANCE
�
AN ORDINANCE 'ESTABLISHING'APPROPRIATI'ONS FOR CITY OF
b
MIAMI':CAPITAL:"IMPROVEMENTS; CONTINUING: AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS- TO BEGIN DURING FISCAL YEAR 1991-92;
s
REPEALING PROVISIONS OF ORDINANCE NO. 107$2, AS
AMENDED, ' THE FISCAL YEAR 1990-1991 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE WHICH IN,
�y
`x
.MAY.BE
CONFLICT' "WITH THIS ORDINANCE; AND PROVIDING
w
CONDITIONS,'AUTHORIZATIONS AND DIRECTIONS TO THE CITY "
}Y+Nl
MANAGER AND CITY CLERK.
r
44 December 5,
{
} .Nk M Y m.-vmma+vr-+nn
r r r S j'
a
0161edn ite first reading by title at the meeting of Hoverter i,
74
i
g , + a taken up for its' 86CO d and final reading by title and adopti on i 'On
' s
motion of Crudnia3iotter glut OjI setanded by Commissioner Aloneo, the Ordinance
ways thereupon`Oiven 'its= second and final -reading by title and passed and
adopted by the tol160rigvotet
AYES: , Comt i ssi onar victorDe Yurre
Commissioner Miller J, Dawkins
►
Commissioner J. L. Plummer, Jr.
=!
Vice.:Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES:' None.
-1
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10938.
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.
----------------- ---------------------- ------------era----------- -�rws
18. FIRST READING ORDINANCE: AMEND CODE SECTION 2-422 (INTERNATIONAL TRADE
BOARD) - MODIFY QUORUM REQUIREMENT AND NUMBER OF VOTES REQUIRED FOR
f
BOARD ACTION.
x
-----------------------------------------------------------------------
'Mayor Suarez:_ Item...
A. Quinn Jones, III, Esq.: Six.
r
x
Mayor Suarez: ...six.
Commissioner Plummer:
•
Mayor -=Suarez:° You -need these changes, I gather? Comm ssioner.
Commissioner Plummer: r Mr Mayor, yes, we.would request this. It! s never been
n problem'of getting a quorum eventually. Some.of our -members are run ning`on
different times" and based•on-that,.we,need to be' ab1a.to;start our:,meetings
promptly at noon: So we've asked for a'- reduction of the quorum.: And I wo1d.'
so move it sir.
D'
Mayor -Suarez: So moved.
lice';Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll on the item. -
A
-f
45 December-5 19n
t
toftIli �oner DO nea.. i.!d�l1ike�.-to tg ,8iMply.becau�se wel:got the international
rade4 4, drtyi'we,got.the free trade zone coming up, and I'd like to
L
,,Mayor
Suarev iiVould ,you I ike to. i i
Commissioner Dawkins.. , Yes, t would
Mayor Suarez: Commissioner.
-�
Commissioner Dawkins: With whoever else goes.
Mayor Suarez: All right. What I'll do is, I'll try to get something in
writing and...
Commissioner..Dawkins: What's happening..:.
Mayor Suarez: We want to make sure the Manager goes on this trip, and tries
the water, and'every-other.
Commissioner Plummer: Yes, I was going to say, Miller, don't drink the water,
drink beer. It would be appropriate, I think, Mr. Mayor, that a resolution be
„=
passed that�any,expenses that are incurred by the Commission's travel, be so
approved. And I 'so move, sir.
Mayor Suarez: And, by the way, they're paying for the whole thing.
Commissioner Plummer: Well, any expenses.
Mayor Suarez: OK. So moved.
Vice Mayor Alonso: Second,
Mayor: Suarez: _Seconded.' Any discussion?' If not, please call thejroll on any
expendi... there shouldn't be any, but..:
t
The'following resolution was introduced::by Commissioner Plummer, who,
moved its adoption:
RESOLUTION NO. 91-881
;_A RESOLUTION: DESIGNATING MILLER J. DAWKINS AS THE
CITY'S OFFICIALREPRESENTATIVE TO THE NORTH AMERICAN
FREEY.—TRADE-.:AGREEMENT CONFERENCE, SPONSORED, BY THE
GOVERNMENT OF MEXICO, TO BE 'HELD IN MEXICO DURING THE
MONTH .:,OF DECEMBER, 1991; FURTHER AUTHORIZING .THE
PAYMENT BY THE -CITY OF MIAMI OF ANY EXPENSES NOT
`
'COVERED. BY THE'GOVERNMENT OF MEXICO AND INCURRED BY
COMMISSIONER DAWKINS AND ANY OTHER 'AUTHORIZED° CITY
.REPRESENTATIVE ATTENDING -SAID CONFERENCE.
(Here follows body of resolution, omitted here and on
k}1,
file. in the Office of the City Clerk.)
r
474 Decemtier 5,= i;99i..
T
'i
J }
r�c� .
.t
r.
Upon:;Dsin+�_4,s bndeB by Co�lissioner Alonso, the resolution WAS �asasd'
t..
}
t:
r
#n
a
adopted by the fot i owi ho Wot:
AYES: Domrrtissioner Viotor;be Yurre
olliaeioner Miner J�,.` Dawkins
Dolillssioher J Lplumerj jr.
Vice~Mayor Miriam Alonso
Mayer av er L Suare
rt
NOES: None►..
ABSENT: None.
Mayor Suarez: Of course, the concern isthatwith the trade agreement reached
-
with Mexico that Florida and Miami, specifically, may not be as included at We
would like to see them. And that.a lot of it would go through the west coast.
—
So that's...
Commissioner -Plummer: Miller, Miller.
`
Commissioner'.Dawkins: Yes.
r: Don't. send your laundry out.
Commissioner Plummer:
;.:
Commissioner Dawkins: OK.
Mayor Suarez: -He. travels now. He carries his bags and everything on board:
-
Commissioner Plummer: On board.
t -
Mayor Suarez: He doesn'-t put... yes, they've lost enough .of A now that:.',.
OK.
--�------------------------------------------------------------------
20.. FIRST: READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND{SIDEWALKS),
SECTION 54-104 (NONSTANDARDSTREET WIDTHS) - MODIFY WIDTH OF''401-445
-
NORTH MIAMI AVENUE (CHAILLE BLOCK ARCADES).
-;
-------------------------------------- --- - - ---�- --- -- -- - - - -
Mayor Suarez :3; Item;,seven
'
V;ice'Mayor Alonso: I.move.
Mayor Suarez: Moved.
Commissioner Plummer: Second.,
Mayor Suarez; Seconded. Any discussion?-,IP not,; please read .the-;ordinane;
Calf he roll.
r
t g
v
i
48 December 5, :1891
�s
Was °introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYESt Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso —
Mayor Xavier L. Suarez
NOES: None. —
ASSENT: - 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.
--------------------------------------------------------
---------------------
21, FIRST. READING ORDINANCE: AUTHORIZE ISSUANCE OF PARKING SYSTEM REVENUE
BONDS ($7,500,000) - IN CONNECTION WITH REFUNDING CITY'S SUBORDINATED
PARKING SYSTEM,REVENUE BONDS, SERIES 1986 AND 1990, AND ITS OBLIGATIONS
UNDER PARTICIPATION AGREEMENT WITH FIRST MUNICIPAL LOAN COUNCIL.------------------------------------------------------------------------
Mayor Suarez: Item eight. Issuance of parking system revenue bonds.
qu
Commissioner Plummer: Move it.
Mayor Suarez: Moved. No, we will get to you in the public hearing section,
Mr. Gonzalez-Goenaga You can jot down whatever you want to say about any of
these items, or anything else for that matter.
Mr. Manuel Gonzalez-Goenaaa! And writo it tn untiq
t
,.
5.
Mstyofi 5uai'e#: It.,wiII be at 11100 o'clook, hopefully, if we get to it at that
{
nt
ti
t
Comissioner Dawkins.:,lEleven 'ololook or thereabouts.
T
,
M . Gonzate Goehaga: Regarding eight? Regarding number eight?
,
Mayor Suarez: I' if sorry'
Mr. Gonzalez`Goenagat Regarding item eight?
Mayor Suarez: Well, you can make it on any of the items. This item...
Mr. Gonzalez-Goenaga Oh, I see. The thing is that I need to be"taught. I'm
_.
dumb, I'm Puerto Rican, remember? I'm not as smart as the Cubans. You please
-
take that into consideration."
Mayor Suarez: Alt right, well the first thing you need to be taught is that
you're not recognized right now, so have a seat. -
Mr. Gonzalez-Goenaga: OK.
Mayor Suarez: And 'al1 the other remarks,- ethnic or otherwise, we hear them;
4
but we don't'agree with them. All right, item eight. We've got a motion and
a second on item eight, Madam City Clerk?
Ms. Hirai: I have a mover, Mr. Mayor, need a second.
Mayor Suarez: Need a second.
Vice Mayor Alonso:Second,
Mayor. Suarez: :Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
y:
r
f`• -
� y
:.. fit# fir,
}
t
50 December'50 1991
z
s'
S �
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PARKING
SYSTEM REVENUE BONDS OF THE CITY OF MIAMI UNDER
ORDINANCE NO. 10115 ENACTED ON DUNE 289 19869 IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $795000000 i
IN ONE OR MORE SERIES, FOR THE PURPOSE OF REFUNDING
THE CITY'S SUBORDINATED PARKING SYSTEM REVENUE BONDS,
SERIES 1985 AND SERIES 1990, AND THE CITY S
OBLIGATIONS UNDER A PARTICIPATION AGREEMENT WITH THE
FIRST MUNICIPAL LOAN COUNCIL; PROVIDING FOR THE
PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH
y BONDS FROM NET REVENUES DERIVED BY THE DEPARTMENT FROM
ITS PARKING SYSTEM AND CERTAIN INVESTMENT INCOME;
AUTHORIZING THE SALE OF SUCH BONDS ON A NEGOTIATED
BASIS; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
EXECUTE ANY DOCUMENTS REQUIRED IN CONNECTION HEREWITH;
AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE
=� CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH
=� THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE
DATE.
i
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins.
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.
22. BRIEF DISCUSSION CONCERNING THE HIGH COST OF PARKING AROUND THE ARENA.
Mayor Suarez: Mr. Cook, I notice you walked in, and probably related to the
prior item. I've just received a memo from yourself. I want to inform the
Commission on the issue of parking rates being charged for the lots around the =
Miami Arena. Mr. Manager. I want to inform the Commission of this whole
issue and see if they all want to give input at the appropriate time to the
Authority...
Commissioner Plummer: For?
51 December 5, 1991
Mayor Suarezi The concern expressed had to do with the parking rates being
charged around the Arens. And at one point, it seemed that the rates were
higher for some of; the parking the closest to the Arena than for actually
A. A d-b i tic ket t w
Obvio s1 we don'ant to have the
u
entaring a rena an uy ng
very Wealthy people of this comiiunity, the VIPs (very important people)
etcetera, be the only ones using the Arena. We want to have the average folks
out there who can't barely afford to buy a ticket to an Arena event, let alone
pay parking. Every time you say that to the Authority, you get back a memo
such as the very nice memo I got back from you which I disagree with entirely.
Which says, no, we don't charge that much. We charge $10 for VVIP. That's
the gospel truth, VVIP, which is Very Very Important People parking. We
charge $8 for VIP, which is only Very Important People. And then $5 for
average folks. Actually, the $5 is in one lot, if I'm not mistaken. Nobody
knows where that lot is, and if they do, they don't use it that much
apparently. Because if you are someone who has an opportunity to go and pay,
you either pay the $8 or the $10 to be right close to the Arena or you just
park in a parking meter. Or you park a few blocks away, or you pay somebody
$5 to park in their home or something. You know, the people that are offering
you their parking. It is unwise policy, Mr. Cook, I have to tell you, I bet
you if you tried it, if you made those lots more affordable to people, they
would use them more. Now I realize what's happening. What's happening is,
they're not using those particularly because they may as well just park in the
street. They may as well... and then, of course, no one protects their car.
There's no security in the street as there should be for a lot. And you're
losing money by having the higher rates. I would bet you if you made lower
rates, you would actually make money. It's the elasticity, the price
elasticity of those lots. And you would be taking... making it possible for
people to pay a few bucks and go to an Arena event who might, otherwise, park
in the streets. So, I mean, really give some serious thought to that. If
not, try it out. Why is it so difficult to try things out? Make a few of
those lots very inexpensive, and see if more people don't use them. And the
ones that are parking on 5th Street, on 9th Street, on loth Street, and
whenever else, under the expressway, and are walking all the way to the Arena,
instead, will pay, two, three, you know, dollars to park there and that's what
they can afford. Otherwise, they will just park it on the street and then the
officers have to do that much more surveillance than if they are parked right
in the parking lot where presumably, someone is monitoring. And I really
suggest and submit to you, and I'd like to make a presentation to your board
on that. I will come with my charts and thing I guess, I:don't know what -I am
going to come with, to try to convince you that these concepts make sense, but
I mean philosophically, I think it makes sense to this Commission that we try
to make it affordable for people of moderate income. And I do take notice of
the interesting terminology of VVIP, I get a kick out of that - maybe, there
is another way of phrasing it so it doesn't, you know, more... all right.
,T
r
n;
77
�t
91Yi1Y111rI14ClYiY111YiiiWfiYIYfIWIIiWii111ili.iY.iiYiiY87ii%iiihiriYYWiifiiWiliY1Y1YWY1lilY1i71irYWitSIYIiiYliit.Wi.M1i►i1Y�YfYitYiwiiiraliliiaYsrlirflYYYli1W1Y1�itil.'iilYPitiYilW
-: .. R i
9.3 AUTHORIZE MANAGER TO ACCENT GRANT FROM SOUTH FLORIDA EMPLOYMENT AND
RAINING CONSORTIUM: (SFETC),
($6O COO) TO ESTABLISH AND OPERATE AN
4
'4
i
OFFICE OF INTERGOVERNMENTAL LIAISON
AUTHORIZE NECESSARY AGREEMENTS -'
;DIRECT ADMINISTRAT-ION.TOPROVIDE=A LIST OF EMPLOYEES WHO WILL BE FUNDED
W41i�t�riiYiiwW �.�w.tYirYn.rr..r.iGrarGreaiGirrrtiaiW a.Ya.:.vrrwYrwtiais�sc w�+�tir----r r.ra.nr— —rairor----r+wYa tYriseYde
Mayor-, Suarez: Item 9• -
Commissioner Plummer: Move it.
s
Vice Mayor Alonso: Second.
Mayor Suarez: City Manager accept a grant from South Florida Employment
-
Training Consortium been moved and seconded. Any discussion? If, nnt,
please...
Commissioner Dawkins: Discussion.
Mayor Suarez,.- Yes.
Commissioner Dawkins: What'is a liaison service person? what do they•do?
-
Mr. Odio: Commissioner, what we are really doing is getting reimbursed here
-
for;an:assistant City Manager -that I have assigned in front of thatboard.•:So
}`^
we are getting paid for one of my assistant City Managers.
-
Mayor Suarez: Who -is that, by the way?'
izlv
Mr. Odio: Wally Lee.
Commissioner Dawkins: And we are getting sixty thousand dollars {$60 000),to
apply to his salary?
Mr.-Odio: Yes, sir.'
-
Commissioner Dawkins: So that means then, it's sixty thousand ($60,000) freed
F
up•;-, your. budget someplace, right?
Mr. Odio; No,;sir.,
Gomnlssioner Dawkins;; Why not?
Rk
Mr:;.Odio: Because,I never budgeted, his salary.
Commissioner°Dawkins: You didn!t.budget.it? ..•
Vice Mayor Alonso: Are you serious?
k x.
Commissioner -Dawkins. -,...But -he
is being...'
Mr. Odio: Wait, let me...
.-
53 December 5 i9Si
{
x. Y rr-gy
f
r,}
Kt t
77
t
ri
oi~ew aw ins: °:. hold:'it now. 5o, he Is being paid.
f..
Va Myer Alo�1p: Are you serious about that?
Coissione Darvki�rs3 '_ He is beingpaid.
Mr, Odin: we is°being-paid from...
-
Commissioner Dawkins: From whete?
j
Mr. Odio: i.'this grant, and the balance of his salary which is...
E
Commissioner Dawkins: Beg pardon? - The balance from what?
-!'
Mr:=bdio: He is being paid from this grant, Commissioner, and part... and the
difference is paid from the City... from our general fund, and that's budgeted
-
in,the general fund and this is budgeted in revenues.
Commissioner Dawkins: OK If this had not come through, you would have still
had to make up sixty thousand ($60,000) to make his total budget up? Is that
a conrect'assumption?
Mr. Odio: Well; if you don.'t accept this grant, yes, I would.have to,.find
=
sixty thousand dollars ($60,000) from general fund to pay for it.
-
Commissioner Dawkins: So, therefore, you had budgeted sixty thousand dollars
($60,000) to pay him, right?
Commissioner Plummer: Or terminate him.
Mr. Odio: No, I_didn't. Not from general fund.
Commissioner. Dawkins: Then if this:was:not budgeted, you_would_;have.laid,him
off?
.;
Mr: Odio:- Alm 'sorry; I. switched Wa1'1y with. Frank. Frank 1s=the oneAetti'ng .`
paid ,°now.
Commissioner Dawkins:1 ' 'Who?
F
Mr. Odio: ° frank'Castaneda.
Vice -Mayor A1onso: ' It's 'not -included in-.the'budget? - '-hissalary? - -
Commissioner Plummer: The "Grande`Botellas." -
`
vlice MayorfAlonso:- - This is a --very important question.,, -"Is, his salary:.included ,
in the°budget? -:yes, or no?
i
Mr. Odio: You put'his salary in the budget and then you put; another column,
this is a balance sheet, you put a salary in the column here, then you:.have a
rt?
eevenue,showing sixty thousand dollars `($60 000) coming in to pay foreth t
'
salary
54 December 5'! 199I
� yt
vt Ce ;,.Mayor { Al bhlot If � thi s -- Money had not Come, he , ,woul d !e. have �, baefv
f Whatedl�
Mr: ;Odio: ilhi9..obrhi09 had...:we .wou)d to pay him then from Coad
.have
(0omrh hitytDevelophlent. 810ek Grunt) fuhdsor-there...
Mr. Castaneda: Or terminated.
ViCe Mayor Alonso: Or terminated.
Mr. Odio: Or terminated, yes.
-
Mayor Suarez: In expectation of getting this money..:
Vice Mayor Alonso: How about that.
_
Mr: Odio: S the way, we have been receivin these funds now for
... r... since T
{
have been Manager, at least.
g I requested these funds six. years ago. That if
they wanted somebodythere they have to pay font.
Mr. Castaneda: Commissioners, for that matter, all these grants happen that
way. All the -grants that we receive, they: are allocated -throughout ithe year
and the. whole job program runs in a business type of atmosphere, and we get
money and we pay people.
Vice Mayor Alonso: Yes, but it has never...
Mayor Suarez: Yes, but not too many of our .regular employees are paid from:.
Vice Mayor Alonso: Exactly, this is... 'it sounds highly irregular.,. I have
never heard anything Like this before.
Mr. Odio: Let me see if I can explain this. This is free money to the City.
They:are paying... ;.
Mayor Suarez: We got that. Mr. Manager, in the'budgeting.sense,.it,'rwoultl:°be .
useful, to me and I�thinki to :the Vice Mayor=and the rest of us if you would
give us at some point, a list of all the employees who are not paid, who are
not budgeted.to be�paid from general revenues...
Vice Mayor=Alonso::-, Yes:
F
Mayor Suarez: ... but were budgeted to be paid from extraordinary funds. .
Mr. Odio: Sure.
r.
Mayor Suarez: That are not even approved in anticipation of the budget year
because in:this case, we are approving it in :December. Could:: youY0o that?°_:
P
Mr.,Odio: Yes, sir.
Commissioner Dawkins: Mr. Manager,: what part, I mean,: --how much of Mr.
Castaneda's work week is contributed to the South Florida Consortium for sixty
*r°
thousand dollars ($60,000) a year?
55 December 5, 109
..
ri
�C ��'bQi- 3 i S 1 ... ,pt ; -r• } ; jw.?*. x i 4 '+i hvA�+}'*"
#S.
lrt'iCd1o., 'We wolxld, have to ask- you., Wow many hours you spand, frank - quits
,.,
ter. Castaneda: Commmissioner, I spend a significant amount of hours involved.
"-
irt,:Ahis,% thing, It i pays for part of my salary and part of ray secretary's,
salaryi..
,
Commissioner Dawkins! Well, see now... now First, it was not your salary, bK?
First, it was Wally Lee's salaryi
Mr. Odio: Because up to last year it was Wally.
Commissioner Dawkins: Now it's your salary. Now, it's your salary and your
=
secretary's salary. Where are we, please, somebody over there?
_
Mr. Odio: Wally Lee was my. liaison up. to ;last year, and I. forgot that I
switched him this year. And it's ;his salary,.and he.. ,
Mayor Suarez: I guess, in an ideal circumstance you would take and somehow
-
obligate...
Commissioner Dawkins: You know what, Mr. Mayor? I would appreciate it if you
would wait...
Mayor Suarez: Go ahead, go ahead, Commissioner, i thought you were finished.
Go ahead, sir. ,
Commissioner Dawkins: ... until. I finish and get my... I am not finished,
OK? And when I'm finished then I would like for some other Commissioner to go
ahead, but let me try to get my chain of thought going and get through this.
Mayor Suarez: Go ahead, sir.
Commissioner Dawkins: Thank you. Mr. Manager, how much of Mr. Castaneda'
time, and what. percentage of his secretary's time do they spend on this
grant... I mean, on this project to earn sixty thousand dollars ($60,000)? -
e
One.. -fifth of the; time, one-fourth, three -fifths?
Mr..Castaneda:. I think that we put down about thirty percent...
Commissioner Dawkins: OK, no, let's go another way, Frank. Your salary comes
from how many federal programs?
r`
Mr. Castaneda: Two.
Commissioner Dawkins: Two?
Mr. Castaneda: The,SFETC (South Florida Employment and Training Consortium)
funding and also the Community Development Block _ Grant. I am not:paid paid with
}
general fund money at all.
J
Commissioner Dawkins: Not at all? OK, no further questions.
a
r-
56 December 5, x99.
M
i
NEW
; NRI
y
E
Mayor Suarev, All - Anything further from anyone? If not, please Call
_right
the roll on the itgM6 We have a mover and a second, Madam City Clerk?
i�
_.
Ms: Matty Wirai: Yes.
Vice Mhyor,Alonso: Yos.
n
-
Mayor Suarez; Thank you, Call the roll, please,
a
The following resolution was introduced by Coma ssioner Plummer, who
r
moved its adoption:
RESOLUTION NO. 91-882
`A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC) IN THE AMOUNT OF $60 000 TO OPERATE
AN OFFICE OF INTERGOVERNMENTAL LIAISON, FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; WITH THE SOUTH FLORIDA EMPLOYMENT AND
t
TRAINING CONSORTIUM FOR OPERATION OF THE OFFICE OF
INTERGOVERNMENTAL LIAISON, SUBJECT TO THE CONDITIONS
AND LIMITATIONS CONTAINED HEREIN AND IN THE CITY CODE.
(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.
F
ABSENT: None.
i
�s
57 December 51 199I-
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`
94 FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: OFFICE OF
1
INTEROCV RNMENI"AL LIAISON (PV '91) APPROPRIATE $6OtOOC FROM SOUTH
. i=LDRIDA-..EMPLOVMENT AND 'RAINING CONSORTIUM (SFETC)
,•
i4ilraecfll}ii111'rli'i1iYrM►'iIYYeWYYYltiei:YiiiliW.satlPflYisirY�rirrrsiiirY'r.eenrW:rWar it WaietawiY.i.tiwiblf. iYrarr�tYrriwireYti:YiiurwaYSYiyicWYii►WYiY1.
Mayor 5uaret: Isthi's the companion item W ordinance? There really should be
a way to do these so that they don't have to have an individual ordinance for
each budget.
Mr. Odio: Well, if you have a... unfortunately...
Mayor;Suarez: A cleanup ordinance for many of them.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, we.get confused when they are individual too and then we
have individual confusion, I'd rather have collective confusion. A11_ right,
on ;item tens the companion items
Vice Mayor Alonso: I so move.
Mayor Suarez: Moved. Do we have a second? Second, thank you. Any
discussion?_ If not, please read the ordinance.
Commissioner Plummer: Move it, seconded, call the roll, do something.
Mayor Suarez: Call the roll.
4
AN ORDINANCE ENTITLED -
:AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "OFFICE OF INTERGOVERNMENTAL LIAISON
(PY!_91)."-AND APPROPRIATING FUNDS FOR.IOPERATION OF SAID
PROGRAM,.;IN THE AMOUNT' OF $60000 FROM ' THE ' SOUTH
FLORIDA :-EMPLOYMENT °AND TRAINING :CONSORTIUM;.CONTAINING y-
AREPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by'Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr. . ;..
Vice -.Mayor Commissioner'Alonso
Mayor Xavier'L.iSuarez-,.
NOES:; None.
ABSENT: None.
58 December
b 5, 1991
�`F$�•T..;�'.A'\ S - _fi 4 4 VR Efi"'` mi�� 55 icfdt l Y.
ThC City Attorney -read. the ordinance into .the publiC retoed and
'x
Annouhtid that,topiee were availible to the members of the City COMM48iovind
td:°the public:�
F
'. _
wier.r..,rrrrrrrrrw�saia.tr�orr.pis..,nip:n�.yr.r.iitatcrr�r,a-rri.ranrm�.n.�r..r..r.r.�...es+r�,rorr,r..war..+r,ri.r�.wr.rm�rrc,w.sr.mar
� t
25b DISCUSS AND 'TEMPORARILY JABLE . CONSIDERATION OF PROPOSED- RESOWION,
ALLOCATING. $1580999 OF iliH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT.
J
(CDBG)-FUNDS TO SOCIAL SERVICE AGENCIES FOR DAY CARE CENYERSy HOMELESS
>.
YOUTHS AND SENIOR CITIZENS (See label 58).
y.
------------------------ :�ii.rlr+rlai�r::rrY.ir.1L�Gr�`ti...r��1�iY�ar.i+�cr�t'��irfi:Gr
,
.`.
Mayor Suarez: Item ii Seventeenth year community development block grant
1
funds...
Commissioner Plummer: Move it.
Vice Mayor Alonsot Second.
Mayor Suarez: .. the rest of the allocations - Moved and second. Any
discussion? If not...
F
j
Commissioner Dawkins: Yes, under discussion.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Why is this money being given to these day care centers
for facilities, furniture, and physical improvements to the building? - Why?
Mr. Castaneda: Commissioner, let me recollect for you. This was part of the
Community Development Block Grant program. A number of agencies during he
1
distribution of those funds came here asking for money for fixtures. It is
not for furnishing because furnishing will be a public. service�,,And; this is
above the. cap. So what we. are doing is to help some.of-these agencies,rwe;--are
giving,. them; money,. for fixtures and not .,to trigger Davis -Bacon by making it
' -
construction. So that's, you know, we are going through a thin ;:Line to help
nonprofit agencies out there. All this was approved as part of the Community
Development Block Grant program and they all had 'made presentations :to you
during:the,,public:hear.ings-that were held here.
Commissioner. Dawkins: OK.
f
Mr. Castaneda: Thisis basically authorizing us to enter into contracts,.with
them.
Commissioner '.Dawkins: All right. Another question. In item 38,.
representatives of the Allapattah Community. Action, Inc., to request funding
for comptetion of the A1lapattah Child Care Center.
��
Mr. .Castaneda: That one. -
Commissioner Dawkins: Now that gentlemanhas been< here ;for money and,.that,.,s
kx
a day care"center, They want money to do the same thing ° hat we're .'.giving
j
59 December 5, 1991
in
ar
f
i
these ggencies money.; toy i'or. And then there is a day care center in
r.
Wynwood that needs money for facilities that we are not giving it to, and what
makes the difference?
Mrb Castanedat We11 the difference is that these agencies came here during
the Community Development Block Grant period, you know, so made out
-�
applications, were approvedbythe City Commission, you know, back in April,
and they were approved by a resolution - I can give you the number of the
-
resolution, and this was already approved by the Commission. The case that
you are referring to is a new application for a project already under
construction.
='
Commissioner Plummer: Well, it's more than that. That item 38, is where that
-
gentleman came before this Commission and stated that if we gave the property,
that he would get his total funding from the State of Florida. Now, what has
-
happened is, is that he didn't live within his own budget and now is asking us
to make up the deficit
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Well, where is this thirty-eight? - then I stand
corrected. I'm sorry, I thought it was a:..
Vice Mayor Alonso: It's not the same case? It's not the same situation
though?
_.j
'
Commissioner Plummer: No, well we gave the property. As you know, that was
_
that mini park.
=
Vice Mayor Alonso: Yes. Let me... is Commissioner Dawkins finished?
Commissioner Dawkins: Yes, ma'am.
Vice Mayor Alonso: I have a... going back to what Commissioner Dawkins said -
this day care that he referred to. At that time, the reason you said we could
not possibly allocate the funds is not because they were not included, but it
was because you said that according to the regulations, we couldn't give
exactly what we are giving today.
-'
Mr. Castaneda: No, Commissioner.
Vice Mayor Alonso: Yes, sir.
Mr. Castaneda: Let me clarify, Commissioner. In the case of Fonseca, what'he
was requesting money, was to complete construction.
7!
Vice Mayor Alonso: No, fixtures.
Mr. Castaneda: That's what I...
Vice Mayor Alonso: Because the construction is completed.
,t
Mr. Castaneda: That's what I wanted to discuss with him and he told me that
w
it was to finish construction and furnishing. But it was never fixtures. And
{
60 December 5, 1991
�fi
Vice Mayor Alonso: Yes, he should go back to you and you review his request
because I don't see any difference under the regulations.
Mr. Castaneda: No, but Commissioner, we did meet with him asking for that
particular list and he was never able to provide it because he told me that it
was furnishing, that it was not fixtures. You see, let me explain.what ware
trying to do here and what we are doing is, we are drawing on a very thing
line. We do not want to trigger Davis -Bacon by getting involved 1n
construction because then that increases the cost and if the project is
already ongoing, it creates other problem because it might trigger Davis -Bacon
retroactively. If the furniture is moveable, if there are desks and so forth,
and they '`are not attached to anything, then that's under the public service
category, -for example, desks, chairs, buses, and whatever, enter under public
services. What we are doing in this particular case that you see, we are
t
putting fixtures in the place in order not to trigger Davis -Bacon, not to be a
public service, and at the same time, assist the agencies. And all these
agencies were approved, you know, under the public hearing and so forth.
Vice Mayor Alonso: Oh, I have no problem with this. I don't, but I just
wanted to clarify the situation with the other case.
Mr. Castaneda: Right, OK.
Vice Mayor Alonso: OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Well I think I need an explanation of what it. is ;.and
what major fixtures will be acquired with the money. I need to know what they
are going to do to the building when they say, leasehold improvement, and I'd
`like to know what's going to be purchased in building fixtures for the Miami
Bridge. And i need to know just what they are doing now. Is that in there?
You 'just got' -some amounts here, thirty-four thousand - it doesn't say what
they're going to do with it.
- s
Mr. Castaneda: Commissioner, if you want, we can defer this item .to the
l
January meeting. `By the way, let me state that in the Southwest Social
Services, it will trigger Davis -Bacon, and we are talking about construction.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: OK. Do you need this today?
Mr. Castaneda: Well, they will like it today, but obviously, if the...
i
61 December 5, 1991
iY�
}
f
c miasiongr Dawkinat. Not, no, not i
don't care, what they like. IWlskitt�
`
ou,'do'' YO ` i bd - t today
kr. castaneda:.. i do not need it today
but t cannot speak for; the agerici'�s:
Dnmmissionrr Dawkins: OK, all right,
I'll move that_this be deferred...
Commissioner plumper: I'll withdraw my motion to approve and to my colleague.
=
Unidentified Speaker: It's about seven hundred thousand.
commissioner, Plummer: About seven hundred thousand is what I recall. Mr.
Mayor, the other day, Earl Phillips was speaking at the Manatee Bay. He is
creating within the HUD (Housing and Urban Development) housing, day care
centers. Peeling that it would be productive to have the people that reside
within those, giving them something to do, something to look forward to every
day. Coupled with the fact and talking with Josefina Carbonell, she is now
operating day care centers, which surprised me, are making money. She is
;.
doing it with volunteers of elderly people.
Mayor Suarez:. It's a great program to have the elderly help with the child
care. It works very well.
Commissioner Plummer: Let me tell you something, we are spending a tremendous -.
amount of money for day care, and I am just wondering why we are not pursuing
the ideas that Earl Phillips is fostering, that Josefina Carbonell has
demonstrated that there is a profit to be made from these operations, and we
continue to pump big money into day care when these others are making money.
I don't understand that. And I would ask the administration to thoroughly
investigate how these other operations are doing it and we can't:do'it, to put
aside that kind of expenditures of money and report back to this Commission in
January. I would so move that for you.
Mayor Suarez: So moved. Commissioner Dawkins.
Commissioner Dawkins: J.L.; those are my exact sentiments.. That's why I�said
this -:morning,.,., I couldn't see giving the County the money to go out and do a
day care center and make money when St. Albans could do it and make money.
Commissioner Plummer: Well, Josefina Carbonell...
Commissioner Dawkins: See, I mean,'I havea problem with it.
Commissioner Plummer:. Yes.
Commissioner Dawkins: Because the County, continuesz, to make money. -with our.
money, and like you say, we keep subsidizing day care centers that don't make
money. But we don't put those 1n business that could make money or that 'are,: -
already making money. We don't assist them.
63 December 51, 1991
commitoione r Plummer; Well, I think it's worth pursuing. I think that there
-,potential there " that the City- could help itself out revenue -wise, and
r=
that's why.I ask that this matter be investigated by the..+
Mayor Suarez: Yes, and you wiII find that none of them make money in the
sense that you are making it sound like they are profitable, but that some of
'
them do it o lot less expensively and maybe, given the subsidies they get from
the State and federal government, that they actually produce a little bit of
surplus income. I don't know if that's what you mean by making money.
Commissioner Plummer: Well, I am not sure of that. I can tell you that the
indication of the first year of operation in the Little Havana, showed a
_i
profit of fifty-eight thousand dollars ($5$,000).
Mayor Suarez:- Yes, that must be once they have accepted all the subsidies and
R
of course,they have, the location. The Rainbow Village one is 'totally
different folks. I guarantee nobody is going to be able to make any money
there.
Commissioner Plummer: Well; Mr. Mayor, I just think it's worth pursuing.
Mayor Suarez: All right, so moved.
"!
Vice Mayor Alonso: I think one of the reasons is they have the facility and
they; are using it for more than one purpose, therefore, they save quite a bit
,i
on the facility that... the operation then, it's very....
}`
Commissioner Plummer: Well, there is a lot of HUD housing that have
ai
facilities...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ... and have:the facilities available...
Mayor Suarez: Senior HUD housing, yes, !Senior centers, that's true.
Commissioner Plummer:1 Yes, sir, yes. And I think they could definitely serve
as a facility for day care.
Mayor Suarez: Remember" your own calculations for the ones that we have
subsidized directly were I think, thirty-three or thirty-four hundred per,
J
child per year.
�}
Commissioner Plummer: It's now over four.
Mayor Suarez: Right. And that certainly is the opposite extreme.of=lack:-of
profitability. That's a very very high per child expenditure.
s
Vice Mayor Alonso: Also, in order to make a fair comparison:you will.haveto
01
judge the content of the 'program that they are giving and then`you-might find
that perhaps there is a considerable difference in the...
It
Mr. Castaneda: In the quality.
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g(�,
64 December'5, 199I
i.
_
V.1oe Alonso: *io eduoational components and therefore, the cost of the
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4°
} ,
.Mayor
operation, and that might be the reason or it.
Comissioner Plum:fer: We110you know, I fully...
_
Vice Mayor Alonso: So, it's great that you asked...
Commissioner Plummer: I fully understand what you're saying but there are
-°
many, many single parents in this Community today who don't have the
Availability of day care. And I don't think that this City is in a position
it should not be in a position of providing a very high level of day-care for
a certain given few, when others are going without.
Vice Mayor Alonso: Well, definitely, I couldn't agree more. I think one of
-
the most important components in this society is day cares and it should be
something that we should address in a most serious fashion, so I am with you a
hundred percent.
Mayor Suarez: Yes, and the linkage between senior centers activities, and
seniors being served there and child care is the beauty that we want. to
investigate here I think.
Commissioner Plummer: Of course.
Mayor Suarez: How somebody has carried...
Vice Mayor Alonso: Yes.
Commissioner Plummer: It's working somewhere else. Why can't it work for us?
=�
Mayor Suarez: Exactamundo.
-�
Mr. Castaneda: Commissioners you may also remember that if the Governor ever
releases the.funding,.he should haveenoughmoney to have provide day care for
a1.1 the poor in our City, but he has been holding that money for some time.
Vice Mayor Alonso: Yes.
Commissioner Plummer: That will be immediately when they remove the snow
plows. -;off of Flagler Street.
Mayor,Suarez: frank, if there is anything that we should be doing on that ;by
way of letters, telegrams, and private efforts, please remind us.
Mr. Castaneda: Well, supposedly now it's moving, and request for proposals
are coming out and so forth, but he has held up the whole process, you know,
for about seven or eight months.
Vice Mayor Alonso: I know, in a very unfair. way. He was supposed to act...
G�x
the money came directly to be given to the different municipalities and they
a r
are holding it.
{
j
x
65 December 5, 1991.
}
-f
k
r"� Y`-4ti�'ixji° Ah Y7 k s' YtV,
Fm_
Mr. Caataneda: .Rights The money came before the end of the fiscal years s �
he -has had it since test October.
'j
Mayor Suarez! Commissioner Dawkins is going up to Tallahassee or any of the
rest of this Commission to lobby, let's give him that tittle task.
Vice Mayor Alonso: I've been very involved with this issue and it's been
drugging for a long, long time.
Wr-fi-iiiifGiilLHi�YiY`r-iiii►i------.rrr--------------r----r.--------ww-�r��i
27. (A) AMEND RESOLUTION 90-869 - MODIFY REVOCABLE PERMIT TO BE ISSUED
TO NATIONAL ASSOCIATION FOR CRIME PREVENTION TO PROVIDE FOR USE
OF SMALLER SPACE IN MANUEL ARTIME COMMUNITY CENTER - PROVIDE FOR
LOWER ANNUAL FEE IN ACCORDANCE WITH REDUCTION IN SQUARE FOOTAGE.
(8) DIRECT ADMINISTRATION TO PREPARE REPORT FOR JANUARY 9TH MEETING,
JUSTIFYING $900,000 SUBSIDY FOR MANUEL ARTIME COMMUNITY CENTER
DIRECT CITY ATTORNEY TO - PREPARE LEGAL OPINION CONCERNING
POSSIBILITY OF A -BUYER FOR THE GUSMAN FACILITY.
ME
----------------------------- ---------------- ---------------- ------------------
Mayor Suarez: Item twelve, is that the one we are on? We've tabled eleven -
twelve?
-
Vice Mayor Alonso: Yes, we tabled eleven.
Commissioner Plummer: Move it.
Mayor Suarez:: Moved. It's a reduction of the space we are presently using.
-
Vice Mayor Alonso: Second.
Mayor Suarez: Yes. Moved and second. Any discussion? If not, please call
the roll.
Vice Mayor Alonso: They wi11 be paying accordingly to the new size of the
j
property that they will.buy, right?
_
Mr. Odio: Right.
i
Vice Mayor Alonso: Yes.
=!,
66 December 5, 1991
i
-It
the following resolution was introduced by Commissioner Plummer, who
moved its adoptidni:
F
RESOLUTION NOS 91-885
A RESatUTIONy WITH ATTACHMENT(S), AMENDING SECTION 2
OF RESOLUTION NO. 90-869, ADOPTED NOVEMBER 8, 19900 BY
MODIFYING THE REVOCABLE PERMIT TO BE ISSUED TO
NATIONAL. ASSOCIATION FOR CRIME PREVENTION, TO PROVIDE
FOR THE USE OF.A SMALLER PORTION OF SPACE IN THE
MANUEL ARTIME COMMUNITY CENTER, LOCATED AT 900
SOUTHWEST FIRST STREET, MIAMI, FLORIDA, AND TO PROVIDE
FOR A LOWER ANNUAL FEE IN ACCORDANCE WITH THE
REDUCTION IN SQUARE FOOTAGE; SAID PERMITTEE WILL
THEREFORE PAY AN ANNUAL FEE OF $841.00 FOR THE USE OF
THE AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS
- CONTAINED IN SAID REVOCABLE PERMIT.
(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.
Mr. Manuel Gonzalez-Goenaga: May I say something?
Mayor Suarez: No, sir. At the public hearing you will be able to.
Mr. Gonzalez-Goenaga: I don't understand.
Mayor Suarez": Sir, I will let you know at the public hearing.
Mr. Gonzalez-Goenaga: But I did not understand. At the public hearing can I;
talk about, forexample, number fourteen?
Mayor Suarez: Yes, you will be able'totalk about anything -you want.
Mr._Gonzalez-Goenaga: But after the fact, when I talk to the ceiling, to the
walls, because you people do not react of what I say, you don't answermy
valid; letters.
Mayor Suarezr -Sir, you are now what we call in the law, argumentative:in
addition to the fact that you are out of order. So, have a seat or else go
a
outside, because otherwise, we will remove you.
Kf
67 December 5, 1991
i�.. 1 t - ""'per" _, �"`....•-.
b yA
i
down ionir pluftri Mr. Mayors
�S
}
Maeluare .: >UhIch 1,alhinki IS what you are itching for us to do anyhow.
OoMntissioner Plummer: ' May.-I'inquire7
Mayor 5uareY: ,Yes.
Commissioner Plummer: Mr. Manager,'how much subsidy are we presently putting
into the Artime Center?
Mr. Odio: From memory, about nine hundred thousand, I think.
=
Commissioner Plummer:, That's subsidy?
_
Mr. Odio: Yes.
Commissioner Plummer: What justification do we have to keep the Artime
Center? -
Mr. Odio: Justification? - Well, the purpose... why was it done in the first
place'- I think it was for community purposes.
Commissioner Plummer: That is.spilled;milk.
Mr. Odio: OK.
-
Commissioner Plummer: What justification do we have to continue.`..
Mr. Odio: Money -wise, you don't. Financially, you don't, but community,
Me
because of a servicetothe community, you do.
s
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Commissioner Plummer: If the facility obviously is; not being used.
Mr. Odio: You mean the theater?
Commissioner Plummer: Sir, the nine ;hundred thousand '-dollar. ($900,000)
subsidy.
I
Mr. Odio: 3t's' from the operational general cleaning up the building, the
.
utilities...
_1+
Commissioner ,,.Plummer-,. . IV:s`nin6l hundred- thousand dollars. ($900,000) Now; t
what,,justification do we have to keep that facility open? I'll tell you that
I was informed that there is a meeting there this week that the people are
. '
petrified to go there and maybe, that's- the reason. - The real question' h>aam
asking is...
Mr:'Castaneda: To go`where?
dtM
COMM' issio her Plummer:- To°the -Artime'Center. = '
_
Mr Castaneda:" Why?`
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68 December 1 5, 99I
g
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C161M1ejfonar:.Piumimer. becausa the area at night is a combat 2msme,
N
V t6That s not true
3
Commissioner. 'Plummer.— L.am :telling you what has,been said to mne. OK =;
s
Mrs,Odio:,+ithat is not an -accurate statement
Cowissloner Plummer: All right, if that statement is wrong, it..6 then fins.
the question I am asking, the auditorium is not being used.
Mr. Castaneda: No, it is being used.
Mr. _Odio: It is being used.
=
Commissioner Plummer: Well then, you are saying to me that we should continue
almostia mnillion dollars of subsidy?
Mayor Suarez:Almost everything that 1s being done there, I think is what he
is trying:to say is:..
s
Mr.,Odio: Is community service.
Mayor Suarez: Yes-, are not paying events.,, Now, whether the thing will ever
=
be -able .to produce enough to,pay for itself would be..
Mr. Odio: If you charge those community based organizations that are there or
the catholic, where the day care centers are, the going rate for rent, you
would put them out of business:
a
Commissioner Plummer: No, but...
Commissioner Plummer: I'm talking primarily, the auditorium, I am assuming is
=
what:.:
Mayor. Suarez:. But events. at the auditorium. What he is thinking of is like
Bayfront Park auditorium which initially is subsidized to the tune of 'X'
amount, and slowlyfbegins to be self-sufficient.
Mr. <Odi or. :,But, the loss...
Mayor Suarez: Can:that-ever�happen,in the:Ar.time:Center?-7- that's the economy.
that he is looking at. That's the economics_he'is looking at right.now:. He
:
i s focus:.: R
Mr. Odio: The 'loss is not from the theater. The loss is from the building.
MR
'
Mayor Suarez: But you recoup a lot of times the operational cost of running a
'audi'torium
''
facility.. l:ike'that - from =being .,able .to, rent - out the: .You .just.
can't- but in -this -°particular case; J.L;:,.:I don't think we :can ever get too
many people to pay for the use of that.
r.
..
Vice Mayor-Alonso: But they are. paying.;
69 December.&, �99I
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>
Mp.t dipl yc 'cost of runniw g66i
Mayr�:uare: %hey all want freebees.
nisionor, Ptuer: Mr, Mayor, I have expressed before this Commission and3
I will continue to express before this Commission that this City is over
faci I itizeds,The only public facility that we have that makes money.or breaks
even it Miami Arena. We have Gayfront Park, we have the Hyatt, the Convention
-
Center, we have... -
Commissioner Dawkins: How does the..6 explain to me, J.L.s before you go any
further, explain to me how the Arena is making money.
Commissioner Plummer: Sir, it is my understanding the Arena is making moneyi
tt is not being...
a
Commissioner Dawkins: Ohl OK, no problem.
Commissioner Plummer: Excuse me, let _me back track. It is not being
subsidized by the City.
Mayor Suarez: The ones that really make money...
—
Commissioner Dawkins: When they holler for more police and they want more
people to clean up around it, that's not subsidizing it?
Commissioner Plummer: That's by the Sports Authority, not by us.
Mayor Suarez: I guess, if you want to point to one that makes money, it's
r;
probably the Marina, about the only thing that...
Commissioner Plummer: The which one?
r
Mayor Suarez: The Marina. -Maybe,.the Marina back here - Dinner. Key..;,
Vice Mayor Alonso: Yes.
Commissioner. Plummer: Well, no sir, I am speaking of facilities such as the L`
Bayfront Park, the auditorium, the Amphitheater, the Hyatt Regency, Convention+
Center, the ;Dinner Key;Auditorium, the,.Dade County...
Mayor Suarez: Very_ difficult to make money on any of those, yes.
r
{{{i{
Commissioner Plummer: But Mr. Mayor, one of the reasons I think that they are
not making money or requiring. so much: subsidy....
• o generous to eo le who use themT ,
Mayor Suarez. We are being to g e p p
- q
Commissioner Plummer: No. sir, we have- too many -facilities: Gusman Ha11;
subsidized.; Everyone of these facilities are being -subsidized. _.
t
! -
Mayor, Suarez: There is an idea to sell or to at least -give ,a:management
WIN
contract to;Gusman to private parties that would tryto reduce our losses.
la
rt��
70 December 59 1991
N
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t :
comi ssionst P1 Merl or give it back to them and put it back on the tax '
rolls, What I am asking is and I would like to see from the Community
Development :a justification of nine hundred thousand dollars of taxpayers'
money that is going to keep that facility open. I just don't think we are
getting our money's Worth.
Mr, Odio: Let me clarify this, I've been through this many times. If you
raise the square foot that you're charging rent to eleven dollars, you don't
lose money. It was a choice...
■
Commissioner Plummer: But obviously, we are not charging it and we are
subsidizing... Mr. Manager, let me say to you, sir, you did not just recently
run for reelection. Maybe, it would be good if you did, and you would hear
the hue and cry of the people as I heard and Commissioner De Yurre have, of
this situation of, we are tired. Now, all I am saying to you is I think we
have got to find ways, and I am saying this after election, I'm not running
now, I am saying that damn it, we've got to find ways to cut. And if we are
subsidizing a Gusman Hall for two hundred thousand dollars ($200,000) and we
are subsidizing Artime Center for nine hundred thousand, I guarantee you, we
are subsidizing the Dade County Auditorium in some way, shape or form. I'll
bet you we are, through the money that we pay the County. OK? —
Vice Mayor Alonso: But, let's see, something is wrong with these numbers, and
I cannot believe that it's costing this much.
Mayor Suarez: Commissioner Dawkins yields to the Vice Mayor.
Vice Mayor Alonso: I'm sorry.
sl
Commissioner Dawkins: Go right ahead, madam.
Vice Mayor Alonso: Is that right?
Mr. Castaneda: But the problem with the office building, Commissioner, 'you
know, -people pay four dollars a square foot there - in utilities alone, I
think it's about, you know, two fifty and then with the security guard that we
have to have there and so forth, the actual out-of-pocket cost exceed the four
dollars a square foot that people are paying there.
Vice Mayor Alonso: But you are talking about the offices, you are not talking
_ necessarily about the auditorium.
Mr. Castaneda: Well, that hundred thousand dollar budget includes the office.
and the...
Vice Mayor Alonso: I think that's a very important facility for the area,:one
that will -grow to be very successful. People didn't know, most of the people
are: becoming aware of the location and it's going to be more used in the
future and I think it's going to provide for improvement in the area. And
these are things that we have to take into account. I think it's partof a
' government responsibility also to work with facilities that will improve the
general situation in a neighborhood. I think it's also.part of our -
responsibility. I think the cost, it's mainly because we provide offices for �-
_ 1
71 December 5, 1991�
F.
40 many different organizations, that's where the money goes to, not
flacessarily the auditorium.
Mr..Castdnedas that's correct.
Vice Mayor Alonsot that I think it provides people to come and visit the area
and then maybe that way, the situation as you call it, battlefield, will not
take place in that area. And I think that through facilities.like this, the
neighborhood improves. I myself go there often. i don't find that the -
situation in the neighborhood is like a battlefield at night, I think it's
too dark, yes, it is, and maybe, we should do. something about that. I think
we need more police protection in the area, yes, I agree and maybe, we should
provide that because it is a very important area of Little Havana, and one,
that we should pay more attention. Out thinking, even considering, after
spending so much money in that facility, the possibility of thinking about not
having that or not working with the system to improve the situation and having
more people using the facility, I think it seems to me very drastic.
Mr.:Castaneda: Commissioner.
Commissioner Plummer: Miriam, my concern still remains. Is the subsidy...
Mayor Suarez: Commissioner Plummer, may we hear from Commissioner Dawkins.
® Commissioner Plummer: I'm sorry.
Commissioner Dawkins: I'd just like to add in that anything that's done up
here is done with three votes. So, when you hear Commissioner Plummer said
i that he and Victor De Yurre ran and they heard this and they heard the other,
I hope the public gets the idea and the understanding that it was done with
e five votes up here, and when the Mayor, Miriam and I run, they will not hold
it against us that we were responsible for it. They reelected these two and
they were responsible for it. I hope they remember us too.
Commissioner Plummer: Mr. Dawkins, I'm more than willing to admit when I make
mistakes.
Commissioner Dawkins: When was that?
Commissioner Plummer: Not too often.
Commissioner Dawkins: OK, no problem.
Commissioner; Plummer: Mr. Mayor, all `I am trying to :bring about is, I; am
- concerned about nine hundred thousand dollars ($900,000) of subsidy, I think
that I am asking that"in fact, that Community Development who is-1n charge of
that 'facility come back and tell us where possibly we can improve where we
can"have a chance to try-to.reduce subsidy or reduce... completely eliminate
121 subsidy.
Mr. Odio: Well, last year...
Mayor Suarez: And some facilities could conceivably be privatized. I think
that's the direction he is heading in.
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72 December 5, 1991
co lissioner Plum mer xaotly&
;
Mayor Suarax: Maybe not the one that is always proposed, that is to sayi
Busman because that has an essential public, very difficult to make money off
of, you know, that facility but maybe, Artime, maybe, some other ones.
Mr. Odio: Well, Artime, we got a contract proposal from HRS (Huffman
Rehabilitation Services) for last year to take over the whole buildingi in
which our subsidy would have gone to zero. But the fact is, I made a decision
that I was not going to throw all those organizations out of there.
Mayor Suarez: Well, they wanted to do that by throwing them all out.
Mr. Odio: Oh, you have to throw them all out, you have to rent the building.
Mayor Suarez: But I think the Commission did say, as J.L. is indicating,
Commissioner Plummer is indicating that we have to start charging rent that
somehow eventually...
Mr. Odio: Well, we have brought here the rent up to eleven dollars and every
time we have done that, they come back here and I waive them, or you waive
them, or somebody waive them.
SF
Mayor Suarez:- One agency, I think has been waived.
Mr. Odio: Because they cannot afford to pay that kind of, rent.
Commissioner Plummer: Mr. Mayor, it was not, my intention to take the time
today, it was asked for a report to be brought back to this Commission no
later than January 5th...
Mayor Suarez: All right.
Commissioner Plummer: ... so that we could have a full understanding of what
that facility is or is not.
Commissioner De Yurre: Let me say...
Mayor Suarez: Commissioner De Yurre.
Commissioner- De-Yurre: ..: Mr.�Mayor,. in talking about the situation here,
and particularly about. the Gusman facility, I was looking at the deed that.
gave us title ;to that facility and you know, for four years I think that-I'.ve
been under the assumption that it could only be returned to the, grantors if we,
didn't want ,to hold on to it that we cannot turnaround and sell t or do
something else with it. And from looking at that deed, I am not too sure if,
that's the case at all..,We may have legal grounds to dispose of that property
as we deem appropriate. It's a matter of... we should- be able to get:ra ilegaV
opinion from the Law Department as to that situation. Because from what I
saw, from what I have reviewed on record, there is nothing that would indicate,
that we are bound to do what has been discussed here for years. ._
y
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73 December 51.1991
t
'Mayl3r -,Suare2t. OK. Are you moving on the negotiations to possibly find
„
s�l9 i:hi that Wi 11 take baok that property?
�"
G iisa over �+� Yurres I:Ihinki,that we should explore that. You know; hod
tnuph. clpes r�st us1' - what, .,sit hundred thousand? i subsidizing it7
May r
yor Suarez: We're losing three hundred I think on the Olympia Buildings
Mr. bdio. No, last year, about a hundred and fifty-one, then we are up to
three hundred :thousand now.
Commissioner De Yurres That's three hundred thousand more right there and if
r
we could sell it, you're talking about a significant amount of money that
would come to the City. So that's just for exploration purposes.
Commissioner Plummer: The damn place it about to fall apart.
Mayor Suarez: OK.
Commissioner Plummer: If the termites uncross their arms, the walls would
fall. Thank you, Mr. Mayor.
_
Mayor Suarez: OK, on item 12, did we vote on it, Madam City Clerk?
-----r------------------------------------------------- ___--------------------
28. -.(A) AUTHORIZE EXPENDITURE OF $259000 FROM AFFORDABLE HOUSING TRUST
FUND - FOR PREPARATION OF MARKET ANALYSIS STUDY TO DETERMINE
FEASIBILITY OF DEVELOPING AFFORDABLE HOUSING WITHIN DOWNTOWN
MIAMI.
^f
(B) DIRECT- ADMINISTRATION TO STUDY REMAINING BALANCE OF BRICKELL
OVERLAY TRUST FUND TO ASCERTAIN A PRODUCTIVE USE.
---___-L--------------------------------------------- - --
Mayor Suarez: Item.13.
Vice.Mayor, Alonso: Withdrawn.
Mayor Suarez: Withdrawn. Item 14.
Commissioner Plummer: No, 13 has-been put back on.
Vice,Mayor Alonso: It's back.' }
Mayor Suarez: Thirteen is the one we thought was withdrawn but it's back on.
Mr. Odio: What happened is that I had a problem with the wording of
affordable housing trust fund and it's now been.clarified that it comesout of
F
impact funds.
,z
Mr. Matthew.Schwartz: These are fees generated from the Brickell Avenue from
the SPI-5 and SPI-7...
74 December 5, 1991
,t
g 2 k•
r Schwarts ...and can only be utilized in the downtown area.i'or hbdsing
thousand dollars �2iO04fi1� 1ri tRr
there . As ° about two hundred and seventy
A number .of years. The money has not been tapped into
in
trust'fund.going':back
We have a MAJOr effort underway to try to get affordable housing underway
Overtown Park/West and the intent is
F
central Brickell:, additional housing in
ar
really t0 have this market study6..
vi ce mayor Alonso: I so move. This was the request of the Brickell...
Mr. Schwartz, Of the Brickell Area Association.
vice Mayor Alonso: Yes.
Mayor Suarez: So moved.
Commissioner Plummer: I'll second it for discussion.
Mayor Suarez: Second, Commissioner...
Commissioner Plummer: Why., Mr. Manager, if this is in the Brickell area are
are we them?
they doing it instead of us? I mean, why paying
Mr. Odio: The Brickell area is part of the...
Commissioner Plummer: No, no, no, the Brickell area is part of City of Miami.
Mr. Schwartz: Commissioner.
Mr. Odio: And the downtown also, but they happen to be within...
Commissioner Plummer: The question I am asking, if it's our funds why aren't
we doing it with in-house.
Mr. Odio In-house?
Commissioner Plummer: Yes.
Mr. Odio: ''I don'.t think we have the capability to do that in-house.,
:
the ideas.... this is a marketing
Mr. Schwartz: We don'.t have the expertise, bring
to finance the projects,
document that.can, go -out and get banks
in and for FHA (Federal Housing Agency) to really see that there:`
developers
are-additionalmarkets in downtown.
Mayor Suarez: OK., Commissioner Dawkins.
is
4
Commissioner -Dawkins: Who are you planning to contract with to jdothe study?
Mr. Schwartz: Commissioner, there has been no one selected, this would be:
Conservation Board... Department of
a
Y
done: through the City.of.Miami Housing and
Housing and Conservation in conjunction...
k
,
75 December 0,��
y; :` ^ s n
' , Y�Rli n3•Ci.. 'i-.
MR
Oissioner barikins: What will ba done through them?
They At67 the:-, admi ni strators of the fund. Either its done
,
dire by them or with the assistance of DMA (Downtown Development Agency)
to;et the consultants on board%
x
i
Grnissionetr iiawlrins: What part of southeast Overtown/Park West er+a ycu
tilkitig-about? The part this side of the railroad track or the part the other
side of the railroad track?
Mr. Schwartz: The affordable study would include the whole Southeast
Overtown/Park West district.
-
Commissioner Dawkins: Whole Southeast Overtown. What's the boundaries of the
whole Southeast dvertown boundary?
Mr Schwartz: We know exactly. 1-95 on the west, it goes to 14th Street on
the north approximately...
Mayor Suarez: Northwest`14th on the north.
-
Mr. Schwartz: Fifth Street on south over to Biscayne Boulevard.
-
Commissioner Dawkins: So that does not mean anything to what Ms. Marie Adker
refers to as Overtown? - that is not included?
Mr. Schwartz: Yes, no, it is...
Commissioner Dawkins: How? - you told me west of 95. East of 95.
Mri Schwartz: No, no.
Commissioner Dawkins: East of 95.
Mr..Schwartz: East of"95, but between the FEC...
Commissioner 'Dawkins: A11 right. What Ms. Adker refers to is west of 95,
that's what... or either if you want to say, the rapid transit railroad.
Mr. Schwartz: This is the area. This includes the south eastern portion of
Overtown,-'the area between 5th Street and,; the expressway, :the.expressway xon .
the north;, `on the (west and the, railroad tracks. ' This is the. area where
Hi stori c' Vi l l age i s -located.
Commissioner? Dawkins: OK. All right, now, we say constantlythat New
WashingtonHeights is doing nothing. I would hope that when you people..get
ME {
ready to have a consultant or -somebody advise'-you=on..studying,` that area -:that
you��just mentioned,` that''Jackte Bell or -somebody from here shop be included.
Because we're always -'saying that -we pay her to do'nothing}and nobody ask her
.;
to do anything:" OK? r,
4
'
u
ou h
Mr'. Schwartz yo
{
Commissioner Dawkins: `Thank you, no further questions.
76 December 5, h991;
f
[{
}
hiayor:5uaret ►ii : r�iht. On item 13, we have a motion and a seconds Any
`�
i
dis uss9on? i,,� not, please tail the roll.
-'the following resolution was introduced by Vice Mayor Alonso, who moved"
is adoption:
RESOLUTION NO. 91-8$4
A" RESOLUTION., ALLOCATING AND AUTHORIZING THE
'EXPENDITURE OF TWENTY-FIVE THOUSAND DOLLARS ($259000)
FROM THE AFFORDABLE HOUSING TRUST FUND FOR THE
PREPARATION OF;A MARKET ANALYSIS STUDY TO DETERMINE
THE FEASIBILITY OF DEVELOPING AFFORDABLE HOUSING
�s
WITHIN DOWNTOWN MIAMI.
,,,
here and on
fileeinothe Office of the City Clof erk.�tted
{
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
9h
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: Begrudgingly, yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Now, the rest.of the trust funds,. do we have a creative program
ofyaffordable housing thatweare going _to.:.. or are: we� just going
anotherfive years until somebody says let's do -a :feasibility study?
Mr: Schwartz: I'm sorry?
Mayor ,Suarez: It's ,not really directed at ;you, -Matthew, it's directed at,, our
Housing Conservation Agency, at the City -Manager, and anyone else�,.t hatit, wants
to".answer: it. The rest of the trust fund, ,two hundred .and' seventy thousand
dollars ($270,000) of which we were told that twenty-five -,thousand__would=be
used for this, when are we going to : come , up...? Mr.: Bai l ey:, the nest; ;of >the
trust , fund, we were told that the Brickel l Overlay -district's trust :fund' had
two hundred and seventy thousand. dollars.($2709000)-from:which twenty -flare
_
thousand would go to this. The rest of the trust fund,- that '.s."two hundredµarid
77 December 5, 199i
}
r
1
thousan_Minus this tWbhtY-five* When are we going to find a
6 uttiVal,p061e fot that trust fund?
c
1
NN Herb 991l ey 'Wel 1 I ant assutni hg that this study wi 11 probably ofne up'
a.recoMendation, I camp in on the tail end of this and I heard
southeast bvewtown, and I'holed some questioning which I didn't understand.
out I understand the studiesfor downtown that you're -going to do for
affottdabl a housi ng, not..
Mayor Suarez,. The rest, whoever, Mr. Manager can answer, the rest of this
trust fund that results from concessions of zoning in the Brickell quarter,
when are we going to have a useful purpose for that money? It's for housing,
right?for affordable housing?
r.
.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
i;
Mayor Suarez: Thank you.
Vice Mayor Alonso: He is asking, be creative.
Mayor Suarez: We've been collecting this money for what? at least three,
four,` five' years. It's the closest thing to a linkage ordinance that we have
in the City. Every time I propose a linkage ordinance, you say, well, we have
}
one for Brickell and we have no plans for it.
_
Vice Mayor! Al This Is very unusual. Most of the time we "are very
creative about using the money, now, it's very unusual to see...'
_
Mayor Suarez: It's just sitting there in a trust fund.
Vice Mayor Alonso: Sitting there.
}
Mayor Suarez: Maybe, this is a way to figure out how to spend the rest of the
trust fund.La
Mr. Odio: That's the idea of the study.
t
Vice Mayor Alonso: "'I have many ideas,`' just give us a chance."
Mayor Suarez: Well, the idea... the reason I asked too Mr. Manager, s that
a`.feasibility stud y or market study i s 'nice, but not as "nine as bricks =ands
�
mortar. We are'supposed to be making thi's money'avail'able for,people, maybe '
-
for small projects in that area but of - the character that is supposed to tie
._`
subsidized 'b this trust -fund. "Not
y you know, necessarily - "i just` got;:'a
letter"from'a constituent, very upset with ther Miami River Inn. Interesting
.
little concept, I suppose, that we are applying for federalfundsand all of
that" but it's not; really, really a high priority for -the people of 'Miami =that
-'
we'' support the 'Miami River Inn`. The federal government wants to support it,
that's interesting. Meantime, why are we not being more creative and more
`Xt
-
aggressive:..`creative to use Vice Mayor's terms, and aggressive to foster the
affordable housing that this project was supposed to, that this fund was
supposed to be engendering, and we've been sitting on the fund for 'a long
4.
time. At least now, we have a marketing study but a marketing study is not as'j
`as
nine saying,' here` 'is a group that has some land, that wants to build some
78 December 5, 1991
E
s �
affordable housing, that will have some component of it, let's says like
iVertowli/Park Went, twenty -five -pence that can be only occupied by peels
ef.low income who will then be able to live closer downtown, working in the
marketplace of downtown, including government structures and government
_pr°oghems, and ,afford,?` to l ive there. People who are entry level, you know,
making tens twelve, thirteen thousand dollars a year, and a couple making
twenty-five ,thousand - the federal guidelines That's what this fund was
supposed to help do and it hasn't done that.
�' iWr�rwrwir r: -----Ga�w..u.--------ir---6Y--------.-ir.rr8.----rr.r.Y iYili..�rY`:WY611r Y.iicr(d. ifirrinf4�cri
29. APPOINT SELECTION COMMITTEE TO SELECT UNDERWRITING TEAMS FOR FORTHCOMING
CITY; OF MIAMI NEGOTIATED TAX-EXEMPT AND TAXABLE NOTE AND BOND
FINANCING - AUTHORIZE MANAGER TO EXECUTE CONTRACTS.
r
----r—w------rr.r-----------------r—rrrr—rw—r—rr----r---rr.rrrrrrrr--------r--
Mayor Suarez: Item 14. Underwriting teams for the negotiated tax exempt and
taxable note and bond financing.
Mr. Carlos Garcia: - Mr. Mayor, this is a program similar to the one that we
had two years ago which worked out very well. We had a selection committee
appointed by this City Commission that has selected nineteen firms to serve in
four groups that will rotate on any new negotiated bond issues of the City.
-'
At this time these people wouldn't have got any business at all. All we
trying to do. is preapprove the firms, so if we have a market condition... a
window in the market that will allow us to do a refinancing for instance, we
already have the firms in place, we'll have to come back to you with the
resolution or the ordinance approving the bond sale. As I said, the program
has worked very well in the past and I think it is a good concept. -
Vice Mayor Alonso: And these companies will be used in the order given to us?
Mr. Garcia: Yes, Madam Vice Mayor, that's a way. The selection committee has
-
selected them and is.recomnending them to you.
Vice Mayor Alonso: And it will not be altered regardless of the amount, it
- will -be -used in the order given to us, or tell us now how is it going to be
.used?
Mr. Garcia: Lt will be used in this order unless a particular firm comes up
:
with a concept that is unique to them. In that case we will come back to you
and recommend" that that particular firm be used. _ But -that's not the way-: t
happened in 'the past. In the past, we precisely followed theorder'in which
a
they were selected and that's what we plan to do at this time.
Vice Mayor Alonso: So if you are going to deviate from the order given to us,
you will-comeback to us for approval?
Mr. Garcia: Yes, ma'am.
Alonso: OK. Vice Mayor.
Mayor Suarez: All right.
79 December 5, 1991.
}
Y `n t A re h i { -�1Y y - 1%-', . 4� % 11•.
f h5."'t 5''yk`mr lP*,b i.'c�.3'(.}'4y<YctFSfY4i'+'+, R'.
ommissioner Plu m As Ilunderstand its the order is group.'A' thep grog
_"
D
=,
Mr.: Gai+iai c Yes„ Comtnisioner�
commissioner Plummer: And do we have assurances that al l of these will be .
primarily in the same amounts?
Mr. Garcia: We don't know that. It depends on the particular issue that we
will be handling at the time.
Commmissioner Plummer: Well, but I think that one of the things that we have
=
done in the past .is that one firm doesn't get one million dollars, where the
other firm `is getting fifty million dollars and say that we've treated both
equally.
Mr. Garcia: Normally we will try to make the issues of a similar amount, but
it depends again on the particular situation.
Commissioner Plummer: How much do we anticipate selling in thenext'two
years?
_!
Mr. Garcia.- We have nothing right now at this time planned.
-
Commissioner Plummer: Then why pick anybody?
-;
Mr. Garcia: Well, because there may be a refinancing...
'
=i
Vice.Mayor Alonso: That's a very good question.
Commissioner Plummer: I mean, if you have nothing to sell, why pick lawyers
to sell it?
Mr. Garcia: .,Well, -,what I am saying, there maybe a refinancing situation
=�
based on.market conditions. Right now there is nothing but then something
could happen next week that will require to _have firms already in place. :.And,
again...
'{
Commissioner.; Plummer: And you are asking us to select- these without
negotiating them cost?
—,
Mr. Garcia: Right. That will come at a later time between the City and the
`4h
financial, advisors and the firms. Andagain, it will be broughtbackto you.
Commissioner Plummer:.'Ooes.that make sense:to you?<
_j
Vice Mayor Aionso: Not really, -but it's not -.the first time.
_
Commissioner Plummer: : It doesn't.make sense.to me. Why... I just...
'
Mayor Suarez: Usually we have done it in-anticipation"of a bond issue about
_F
to be approved or in companionship of...
a.
1
80 December `5, 199
_. .
s S h
Mr` � reitit At'd tithe'we'fo1Vowed that concept, we Just 8e160ed firma for" ,
articular 'bi�t��= iasue ttie olily-prablem Frith that is that when you selectonly:
one firm at a., time, then there is a,, two hundred and twenty-fi runs or..6
m4yoe tuarelt i , No,'hot I don't'agree with one fi M. I like, the rotating
ousiness; yes
-
commissioner Plummer: No, no, no. i am just saying why pick anybody if you
don't have anything to sell.
Mayor°Suarez: I guess he is saying that it will happen within weeks because
of market conditions.
Mr. Garcia: Because the selection process will take three months, between the
-
time that it takes to prepare an RFP...
Commissioner Plummer: We have this. No, no, we have this. OK?
Mr. Garcia: -'Right.
Commissioner Plummer: Now, it would seem like to me at such time as you have
a bond issue that has three votes of this Commission, then you would come to
I
this list that's already been established and this Commission...
=f
Mayor Suarez: That's exactly what he is saying.
-!-
Mr. Garcia: All we are asking you to do is, you know, approve the selection
committee recommendations to you.
=i
Commissioner Plummer: But not necessarily do I agree in this order, OK?
="
Mr. Garcia: Well.
_1
Commissioner Plummer: My concern is that they will all be treated equally and
-i
if I don't have that reservation'on to this Commission to make that vote...
"
Mr. Garcia: They all 'willbe treated equally, except when you have bond
ss
issues, you may ,have different amounts at different time. If there is a -bond .
'-i
issue that is excessively large, you know, anything in the -excess of twenty
�!
million dollars, we may want to select mote than one group'at-a time.
�.
who
Vice Mayor Alonso: And will,make the decision?
_{
Commissioner Plummer:, That's the problem.
-
Mr. Garcia: No; we;will make that recommendation to you.
_t.
Vice Mayor.. Alonso: You? and will come back to us?
NMI
Mr. Garcia: Yes, ma'am, certainly.
Mayor Suarez: OK.
I
81 December,5, 1991
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Ord , (s
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°VC+s Mayor �llonsol -'Phen if th8t i the Dees that 1t will have to cony to 'us
on #Very octasi bn i v�l�st l s r the p+�i nt on appr�ovi ng it today?
l�r� +Garcia: gut at leastj,.Af We�know that in concept we have the firm that is
going to ba;,workino:in that particular deaf, we will be able to work with that
firm in coming but with numbers, you know, snaking projections for cost and so
forth.
Vice°.Mayor Alonso: OK. if you are telling us it's just the concept,
everything is going back... it will come back to us in every occasion and it
-
will be the final decision of this Commission, I move, I have no problems with
,
-
Mayor Suarez: OK So moved.
Commissioner Plummer: OK, I'll go along with that.
Mayor Suarez: Second. I guess what they are doing is they give us a certain
amount of their expertise and work...
Mr.'`Garcia: Especially in cases when you have a refinancing...
`Mayor:Suarez: ..: in anticipating of being the firm selected and that's part
of what we are getting by putting them on a list so they know that they really
will -have a shot at it. Moved and second. Any discussion? If not, please
call the roll.
_
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 91-885
A RESOLUTION SELECTING AND APPOINTING UNDERWRITING
TEAMS FOR THE FORTHCOMING CITY OF MIAMI'S NEGOTIATED
TAX-EXEMPT AND TAXABLE NOTE AND BOND FINANCINGS FOR A
TWO-YEAR PERIOD AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE CONTRACTS FOR SAID UNDERWRITING
■
SERVICES, INFORMS ACCEPTABLE TO THE CITY ATTORNEY.
(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
1
and adopted by the following voter
�
r
'
82 December'-5, 1 91 .
.
�� itsioiiair ,Naar Da Yurra
titsloriar Muller Js Dawkins
.
Commissioner J. 6 PluMar, Jr,
Vice Mayor Miriarc, Albnso
i
Mayor Xavier L,, 5uaraz
NOES: Norm
=
ABSRNTi Nona
-
WiYYYYiY��11�W WYWiliYillYfY►iiYiihi��411f1 �fY1�iiiilf�l11ti4fii�iiii�iiilf�i`YiifYi -- w-iiiPiY -JiY----11Di -lYYYii61 - - — - W-iYatl+iiiiiYYY
30. PROVIDE FOR REFUNDING OF 'OUTSTANDING PORTION OF CITY'S CERTIFICATES OP.
PARTICIPATION, SERIES 1986 - AUTHORIZE ISSUANCE OF $5000s000 REFUNDING
REVENUE BONDS, SERIES 1991.
s_
---------rr r----r-------►Y--- — - — — rWow
Mayor Suarez: Item 15.
Mr. Carlos Garcia: This item was approved by..
Commissioner Plummer:Move it,
Mr. Garcia: OK.
Mayor Suarez: Moved. Second. Any discussion on. fifteen? If not, please
call the roll.
;
I
-l4
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r fps
—
83 December 5, 181%
'he 0110w1ng resolution was introduced by Commissioner P1urrYner�. whd-
MOVed its adoption:
RESOLUTION NO. 91-886
A RESOLUTION, WITH ATTACHMENTS) OF THE CITY OF MIAMI,
FLORYDA, PROVIDING FOR THE REFUNDING OF THE
OUTSTANDING PORTION OF THE CITY'S CERTIFICATES OF
PARTICIPATION, SERIES 1986; AUTHORIZING THE ISSUANCE
BY THE CITY OF MIAMI, FLORIDA OF NOT TO EXCEED
$5 000 O
00 IN AGGREGATE PRINCIPAL AMOUNT OF REFUNDING
REVENUE BONDS, SERIES 1991 TO FINANCE THE COST OF
z
SUCH
REFUNDING, FUND A DEBT SERVICE RESERVE FUND, AND PAY
THE COSTS OF ISSUANCE OF SUCH
BONDS; COVENANTING TO
BUDGET AND APPROPRIATE PAYMENT OF THE PRINCIPAL AND
INTEREST ON THE BONDS FROM THE CITY'S NON -AD VALOREM
REVENUES; COVENANTING TO MAINTAIN AND COLLECT
SPECIFIC
AMOUNTS OF NON -AD VALOREM REVENUES; AUTHORIZING A.
NEGOTIATED SALE OF
THE BONDS AND THE EXECUTION OF A
PLACEMENT AGENT AGREEMENT AND A REIMBURSEMENT
AGREEMENT WITH RESPECT TO THE BONDS; APPROVING A
PRELIMINARY PLACEMENT MEMORANDUM AND
AUTHORIZING A
FINAL PLACEMENT MEMORANDUM WITH RESPECT THERETO;
AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ESCROW
DEPOSIT AGREEMENT AND APPOINTING AN ESCROW HOLDER;
APPOINTING A REGISTER AND PAYING AGENT FOR THE BONDS;
MAKING CERTAIN COVENANTS
_
AND AGREEMENTS FOR THE
BENEFIT OF THE HOLDERS OF SUCH BONDS; AND PROVIDING AN
EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
a
Upon
and adopted
being seconded by Commissioner De Yurre, the resolution was passed
by the following vote;
AYES:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES:
Commissioner Miller J. Dawkins
ABSENT:.
None.
}
f;
5
v
84 December 5. 1991
p"
im
ma m"
K§S
Ti
h,
3h CLAIMIETTLEMENT1 008AV:CONSTRUCTION URPORATION :($99,213;05)6
q'I
ti
. . .... ....
Mayor Suar.92! Item 160 Director of Finance...
Comissioner Plummer: What was this in reference to? item 16. What's the
dispute?
Mr. Odio: This It the South District Substation.
Commissioner Plummer: Is that within the five million dollars?
Mr. Odiot I don't know. All 1 know that I was...
Commissioner Plummer: I'll move that this be deferred until we have answerso.
Mr,LOdios, Wait, wait, let...
Dr.:Luis Prieto: Let me.answer that.
Mr. Odlo: The problem here was that...
Commissioner Dawkins: Second.
Mayor,Suarez:,: Moved and second to defer. What is the reason %and ,whatAs1he
administration saying?.
Commi,ssioner Plummer; They don't have answers. They don't know.
Dr.. Prieto:. We.do:have.a partial answer.-.
Mayor,-Suarez:.,:.Partial-answer.is fine.
'Commissioner Plummer: Oh, I'm sorry, the Manager said he didn't.
Dr,.Prieto: Yes,
Commissioner. Plummer: OK.
Qr...-Prieto;.The:-retainage As within .the ,-f ive mill ion :program,and that. is par
.of the settlement,.fifty-three thousand dollars of the total one hundred, and
sixty-4--tve thousand. :The remaining come from an allocation brought out by the
Capital Improvement fund.
INAUDIBLECOMMENTS NOT; MADE -INTO THE PUBLIC RECORD.
Dr. Prieto:: That Is outside, yes, part is outside and part is zinside.
Commissioner Plummer: Once more, the Commission is being defied in breaking,
the faith ,with thepublic.
ry
85 December 59% 1991
Ili�i L�41ii � Lk . �isi
4 \
otlrnissioner PIUMOr. Sir, I'm sorry, We guaranteed the public under no
r
� .. .,
d'i'r'�r�met�►riceS • � � `' v
I
f
i�
Mr► Odio. O�
h
Commissioner PI um ar ..* with-'thbse substations cost more:than five million
dbl lairs.
__
Mrs Mots Fine-$ let's go to court then and take our chances, don't settlleb� ,
commissioner Plummer: Sir, I'm not saying that. I am saying that once again,
once again, the faith has been broken with the public of five million dollars
which we absolutely sat up here and guaranteed.
Vice Mayor Alonso: That's why...
Mr. Odio: Then I will recommend that you don't accept this and we stay in
court and you"pay six omit.
Commissioner Dawkins: You see, I could go along with that, Mr. Manager, if
you had not spent the money and then came to me and say, let's go to court.
Mr. Odio: We didn't spend the money.
Commissioner Dawkins: You have spent the money now, and you know we have to
pay, `the man because the work was 'done and now you're grandstanding saying,
let's go to court because you know we will lose.
Mr. Odio: No, that's not the case.
Commissioner=Dawkins:- That's not -fair, Mr. Manager.
'Mr. Odio: -That's not the case.. The case 1s that for some. -reason Law
:the
Department feels that we are liable, 00 - and...
Commissioner Dawkins:,,, We are liable because the work has been done, Mr.
Manager.. it don't take a Ph.D. to understand that.
Mr.,. Od I o',: But it's not because we.overspent'it.
C:
x
Commissioner -Dawkins: If AVs over budgeted, you over -spent it.
h
Vice Mayor AlonsoOver spend it: _ s
..
Commssi'oner Plummer: What is the actual matter 1n consideration? What was
done that: was in'contention?
Dr Prieto: tsite conditions that!.. were from the ones,
expected When we opened it up...
'
f L
n
Com issioer Plummer: And you didn't know that prior to starting of
1 fiG'f
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construction?
{
86 December" 1g9.1
R� r.i" Y `i h Y $ i±<Y!"N,'2. f1.4"t'A' 4i t Wk N +"�{'•b�
�s Prieto: 1`ha't's right, Sir; There were undergroundi.i
y
� •
Cissiondr Plunmar: Well who -then screwed up?
t r�
Dry. Prieto -= These -are thing that happen, sir. It was a gasoline...
s
-
ComP Mioner PIUMMer: You take sight before you go into something, i think
you do
_
Dr. Prieto: Yes, sir. We did a soil analysis and unfortunately, the soil
_
analysis did not discover there were underground tanks that had leaked and we
had considerable cleanup. That cleanup necessitated pushing the contract...
Commissioner Plummer: And you didn't know that prior to starting of
construction?
Dr. Prieto: That's right. We did not, sir.
Commissioner Plummer: And you took soil testing prior?
Dr. Prieto: Yes, we did, sir.
Commissioner Plummer: And who did we pay to do the soil testing?
Dr' Prieto: We paid a very reputable soil's firm.
Commissioner Plummer: Then, let's sue them.
Dr. Prieto, Soil conditions, sir, you can never predict, it's a"lottery.
Commissioner Plummer: You're telling me that there were underground :tanks
that areputable company could not find?
-
Dr. Prieto: They found the tanks, they did not find the contamination.
vice Mayor- Alonso: They found' the, tanks and they did not find the
contamination? Sue them.`
=
Lt Joe`: Longue ira: Commissioner, `if I"could shed a- little more light And
assist the doctor, here. Besides .just the tanks', there were other areas
'
adjacent to where 'they did the testing that the soli conditions Were different
from; the test holes. Significantly° different that the `footings -on the
building had to be redesigned, significant amounts -of earth hadIo be removed'v
and;largerffootings put in for the building. This all caused additionaVttme�
delays.<and that's -the -real -crux of. the matter, time -delays, in a=project:
y
Vice Mayor Alonsa:. Let me tell you. something, 1f the'. company didn't know, IF
want you to `know that it was a.very well,.known fact°in this community -maybe
the, -.,company didn't know, maybe City<Hall`didn't know,' the real' world, .outside=
City,Hall knew that there were problems with contamination. Everyone, in this
4=
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community was talking about' that. So 1f you:people`didn't know; I'am "amazed
that you :didn't.
_
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L� S
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87 December 5 1891
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`fsoner�'.plteir: Wets. what about if -we filed a lawsuit'again5t thg
ptttpefty owners?. Bepause,it is my understanding, under federal laws you tan
Bp, back and try to collect, or collect from the people who caused the `
contamination. Have we filed a lawsuit yet?
Mayor'suarez: Have we filed a lawsuit? In any..,
Ab Quinn Jones Esgvs: No, not that I am aware of.
Mayor Suarez: :...contamination cases as we've been...
a CommissionerPlummer! Say again?
Mayor Suarez:1 and as long as you are asking as to this specific one, I
want to add, have we filed a lawsuit as to any contamination case?
Commissioner Plummer: Well, is that not the case...
Mayor Suarez: Yes, absolutely.
Commissioner Plummer: ....that we have the right to make the person who
created to problem...?
A. Quinn Jones, Esq.,: That's absolutely right. We as a municipality under
CERCLA (Comprehensive Environmental Response, Compensation.and Liability Act)
can Initiate suit as well as the...
Commissioner Plummer: Why haven't we?
A. Quinn Jones, Esq.,: Same as the federal government. Well understand too
thatthefederal can come after us because we are owners of the property. So
it?works both ways. Just because we can go after the person as a municipality
for contaminating the property, that does not relieve the responsibility of
the property owner.
Mayor:Suarez: But either way we have the responsibility of doing.the cleanup.
If go after other -property owners in the line;of title, at least we:.get;a
participation in the cleanup costa
Lt. ongueira: We did ,get money from the federal government for. the cleanup:
We, did:get money to, do the cleanup; OK? We got reimbursed from the federal
government for that. But the time delays for the cleanup that that caused for
he job` -starting, and subsequently, the -discovery of the soil conditions that
caused a major change in the underground structure of the building caused
significant delays that became the items than want to be litigated. The Law:' `
Department -:luckily brought in what they call- a construction consultant that
assesses the liability of the parties. We went over every item in contest and
the consultant recommends to the City that we are, liable to a=certainamount
of
-these-and'`that's what the Law Department is recommending that'we,settle' on.
Those items that the consultant agrees we're liable because of the time
delays. .If you all remember, the acquisition of.the,property, thetdestructton
of.different bui dings at different times, threw-off;the testing of different
locations. We did not have the ability to have the whole site cleared and
test the whole site at once, and that's what caused some of the problems. But
88 December 5, a991.
the City wAMW.0 fist track this job and that's what we did And as a result,
' the pity does hove'Some liability, and that's
what occurred at the end of the
job.
Bice Mayor Alonso: The delays took place...
onmissioner Dawkins: You know, Joe, I'll take exceptions to the City wanting
to fast -track it. We had this long enough
and everything for it has been done
without fast tracking it. So don't say that the reason it was fast -tracked
was because the Commissioners wanted it fast -tracked. It had to be fast.
tracked because the administration did not finish it, and
we needed to let the
public know that we were sincere and therefore, it had to be fast -tracked.
Commissioner Plummer: Well, there was another reason too, and that was that
every time they came before this Commission they were over the
five million
dollar budget and we sent them back - to say to them, we made it very clear.
And every
time they kept coming forward. It's just like the Liberty City
substation, they still don't have furniture
up there. They sti11 are not
using the second floor. If that is what we promised the public as a full service facility,
we should hang our heads in shame. It is not a full
facility in any sense of the word. The second floor is still not being used.
It
was for the community to be used as well, it's not being done. And where
do we come about that this matter is going to be
resolved? We are still using
Policemen to guard the gate of a police station. We are taking policemen out
of service
and making them guard a gate at all three facilities. When is this
matter going to be resolved? Excuse me, I
am not correct, we are using
Policemen to guard a police station? Am I correct in that, Joe?
Mr. Odio: Sir, we were talking about this settlement here.
Commissioner Plummer: No, no, no, I am asking a question. Is that not the
case?
Lt. Longueira; Yes, sir.
Commissioner Plummer: '�
You ve got seven hundred policemen inside of a police
station, yet,, you need one outside
_
to guard the place. I don't... good old
deep pockets.
�i
_
Mayor Suarez: All right, Commissioners, on the item, we can settle the
lawsuit, or the claim, or whatever it is
we are settling.
=
Commissioner Plummer: What choice do we have? It's after the fact. It done.
ri
_
Mayor Suarez: OK. I'll entertain a motion on it.�
i
Commissioner Plummer: Pay. it. Old deep pockets from City of Miami, what the
hell, why not.
Mayor Suarez: So moved. Do we have a second? Second. Any further
discussion on the item? If not,
please call the roll.
u;
e
e
89 December 5, 1991
4
ri4
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Q.
The 16111tw ng, resolution was introduced by Commissioner Pluweir� ;who.
h,
;4
nloVad`its adoption.
RESOLUTION NO. 91-88
z`
A `RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO COBAD CONSTRUCTION CORPORATION, FORTHWITH,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
$999213.05 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMIo IN
CIRCUIT COURT CASE NO. 90-35246 CA 13, UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS, WITH FUNDS
THEREFOR BEING ALLOCATED FROM CAPITAL IMPROVEMENT
FUNDS.
(Here follows body of resolution, omitted here and on
file 1n 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.
�1
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso.
ABSENT: None.
32. AUTHORIZE MANAGER TO ACCEPT LOWEST BIDS FOR_:; SPECIFIED, RENOVATIONS,! TO
WILLIAMS`.PARK (CIP 331351 WILLIAMS.PARK RENOVATIONS, CIP 331318 CITYWIDE
COURT `. RENOVATIONS, AND CIP 331099 CITYWIDE ..POOL RENOVATIONS) -,DIRECT
A
ADMINISTRATION TO COMPLETE CLEMENTE PARK BY MARCH 1992.
------------------------------------------------------------------------------
Mayor Suarez:_ Item 17. -Lowest responsive -and responsible bid for renovation
to Williams Park:
Commissioner Dawkins: Move it.:�
Mayor Suarez: Moved. _
s
Commissioner Plummer:;.
Second.
Mayor Suarez: 'Second.
Commissioner Plummer: With the understanding that it comes -,back for approval
„
M!
of this Commission after the Manager has in fact approved it.
E,
90 December 59 1991
n,:
A ;
f
i 3L
should also note that the resolution that- I think
�i
5
ytlu . a e in �60 package has been amended, so, I think that's what's bung,:
�'M d i ydu noW."I `thibk in:principle, it's the same,
I�ir4. Albbrt R' dett a isti0hit PlUmmeh, can you clarify that? Because what,
this resolution is doing..LK
u
CoWssioner Plummer: Yes, this resolution gives the Manager the right td'
=
authorize that the work be done. And all I am asking for is that after he
makes that approval that this Commission be informed so we know likewise.
s
Mr. Ruder; OK.
Commissioner Plummer: What's the total cost of this project?
Unidentified Speaker: Six,hundred.
Commissioner Plummer Thank you.
Commissioner Dawkins: What are we doing now? somebody tell me. Because see,
if you have not started this work by January meeting, then you need to come
here and I'm going to fast -track it like we do other parks. OK?
Mr. Ruder: OK.
Commissioner Dawkins: See now, because I mean, this has been going on long
enough. It's time to have broken ground and get on with the project. All
right, now, no, no, that's what we're going to do, I hope, Mr. Manager. If
_
not, then I am 'going to be prepared to make a motion to you at the next
meeting how we can do it.
,
Mr. Odio: Fast-tracking:this.
Mayor Suarez:, And throw.in.Artime,and its:completion. How many year ago was
it that we were urging for the-improvements.to take place at Artime? That's
-
at least - I say Artime, Clemente, at least fiveyears ago.
Commissioner'Dawkins: Clemente:- And also...
Mayor Suarez: And now I think that they are saying that the timetable is no
earlier than -:March -"but not even March, right, _Al?
_j
Mr. Ruder: Delays- that we -.have-:heard from Public Works -is still March :of '92
`
which is what we always told the' -community when we had the community...
Mayor Suarez:.'Is it realistic that Clemente can be finished by March of 192?
_(.
Is there anything that you need this Commission to do by way of fast -tracking'
it?
G
Mr. Ruder: It's been fast -tracked.
Commissioner Dawkins: Mr. Mayor, you need to remind them that this is money.
we got from the State of Florida two years ago.
-
91 December 59 1991
``'
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s.�+ £ C sZe4¢7n�"��
�
t r
L'4 j r
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li}ab1 .I>a tit
ai
� T u �rtt�s��loi��r�i�at�k�nat .On'Wi�iet�s Park� f
r
e
k
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f
Met Ruddri Rithirit has tb be,'1daft by June.
1
Mayor Suarez: OK, moved and second. Any disoussi0n? If n0t, please Call tltie
t
ro1i..
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-888
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS RECEIVED
- PURSUANT TO PUBLIC NOTICE AND 1N ACCORDANCE WITH
FORMAL COMPETITIVE SEALED BID PROCEDURES, AND TO AWARD
'
AND EXECUTE .,THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID BIDDERS FOR
SPECIFIED RENOVATIONS To WILLIAMS PARK; WITH FUNDS
THEREFOR ALLOCATED FROM THE FOLLOWING' CAPITAL
IMPROVEMENT PROJECTS: NO. 331351 "WILLIAMS PARK
RENOVATIONS" IN THE AMOUNT OF $352,0000 NO. 331318
"CITY-WIDE COURT RENOVATIONS" IN THE AMOUNT OF $17,000
- AND FROM NO. 331099 "CITY-WIDE POOL RENOVATIONS" IN
THE AMOUNT OF $251,000, FOR A TOTAL OF $620,0009 TO
.
COVER THE ESTIMATED- CONSTRUCTION CONTRACT COST OF
$517,000, POOL ENGINEERING COST OF $4,500, ESTIMATED
CITY EXPENSES OF $919807, 'AND $6,693 AS AN OVERALL
PROJECT CONTINGENCY.
(Here follows body of resolution, omitted here'and on
fide in -the Office of the City Clerk.)
Upon being seconded'by Commissioner Plummer, the 'resolution was passed
and adopted by the fol=lowing vote:
AYES: Comnissioner'Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor -Miriam Al onso
Mayor* Xavier L` Suarez
NOES: ,: - None. .
ABSENT; None.
92 December 5, 1991
� h
��1.�11��''IY147W'i1.1�W.Y1rY��i�1 �k'I�ifil�I�k�i�i�Y'i%�Y�1i'�i�lf'ii iiftllYYi{iiiSHii►ii i6G�Wlfiflii�iU��i1G DIY itY ii Y1t7.1 iilitifiYiii7i�ilY�itaiiilYli�l�'.GIiYfYli.Yi1�{.{��
-5
Fr (CbntW d :Di3619ion) ALLOCATE $88t$40 OF 17TH YEAR . COMMUNITY
ft
DEVELOPMENT BLOCK,- 0ANY {��SG FUNDS V METROPOLITAN DADE COUNTY � FOA
DEVELOPMENT OF A DAY CARE CEP ER IN THE RAINBOW VILLAGE HOUSING PROJECT
IN OVERTOWN . EXECUTE AGREEMENT' (See label S)
�1YiWWflilYiilYlilYlaiYYYYYW1�Yii i.7YYYiy11YYYW1IfWfiiiiliiWiiYti Tilt JYWY'iYYr iiiifbiY�Wrrilwi'u 7i aYWiYYiWiiYYiYi AYii�li YYiWifYW ii7iiJilY1W W/Y®.iWW
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Vice Mayor Alonso: Mrs Mayor$
Mayor Suarei~: Yes, Vice Mayor.
Vice Mayor Alonso: May I call CA-7 at this time, please?
= Commissioner Dawkins: Second.
Mayor Suarez: Moved. On CA-7, it's been put back on for consideration.
Vice Mayor Alonso: Yes, I so move. Nobody second?
Mayor Suarez: It's been moved and seconded. Any further discussion on CA-
7?_- We had quite,a bit of it before. If not, please call the roll.
The" fol1owing resolution was introduced by Vice Mayor Alonso', who moved
- its adoption:
RESOLUTION NO. 91-889
-A RESOLUTION,'WITH'ATTACHMENTS, ALLOCATING $86,540 OF
SEVENTEENTH YEAR COMMUNITY DEVELOPMENT 'BLOCK GRANT
FUND PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 108859
ADOPTED" MAY 9, 1991, TO METROPOLITAN DADE COUNTY FOR
THE DEVELOPMENT OF A DAY CARE CENTER IN THE RAINBOW
'VILLAGE HOUSING PROJECT IN OVERTOWN;` FURTHER
' AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
..
IN SUBSTANTIALLYTHE' ATTACHED :'FORM, ` WITH 'METROPOLITAN
DADE.'COUNTY TO IMPLEMENT'SAID PROJECT, . SUBJECT TO THE
:CONDITIONS AND`' LIMITATIONS' CONTAINED` HEREIN `AND IN THE
CITY' CODE.'
t
(Here follows body of. resolution, omitted here and on
file in the' 'Off ice of the`City Clerk.)
Upon being seconded by`Commissioner Dawkins, the resolution:was 'passed'
a' and'adopted by the following vote:
i
93 December-5 199'
t-.%3'.✓t tii �TMjttA` -#'p # S.+ _! -^f Y y�y ".S � 1 41 'S",!p tip
t i kd^Kic�� f {9; ^(�? ( J4X ' •3.YGi
-S
4
Mayor Suarez 1. t lneani hOW many would you say that are out there that arse not
being us+sd 4tI sOrn way or. anothrb tt :should bey..
{
Lt�. on uei That:a r s ized'? t felfete, maybe, twenty. Now under i�
Mayor Suarez. I would guess a lot more than that.
U-t Longueira: That were>seized. About twenty. -
Mayor Suarez:.,% Seized, abandoned, found, nobody claims them, and that are
workable condition.
Lt. Longueira: I believe about...
Mayor Suarez: In the City of this sort, you would think it would be hundreds,
Joe.
s'
Lt. Longueira: No, sir. You know, there are about twenty... and what happens
is if that these cars a breakdown, and can't easily be repaired, we have:to
_
get rid of it. We don't have... there is not a process that we have -for
maintaining many different- kinds of cars, and a lot of these cars aren't in
good condition that's why they are not retained in some cases.
Mayor Suarez: To think of making... some of these cars are to be used by SIS
(Special Investigative Section) and undercover officers, right?
Lt. Longueira: They area The problem with the real undercover officers is he
has a need to change cars often.
Mayor Suarez: All right, let me tell you something else. The undercover
officer would probably be more effective if you offered him one.of these cars
that we have seized and:maybe, we don't have the maintenance ability to deal.
with it, if you offered to .give it to him, if he,maintains it and as far as
the changing, of At, they are going to be a ;lot less identified with than the
ones they rent'. Joe, you could tell an ,undercover pollce::.officer with the
rented car, you know, a mile away, as opposed to°some of these that we.pick,up
which are by,definition;the kinds of cars that anybody -drives'.
Lt. Longueira:. I.know it might,appear that:'way but we make buys everyday in
those rental.'cam,�and we arrest lots.of people in those rental, cars. The
ability to change the cars>. qui'ckly ,and have our off:i cers`' on the street is very
important. And in most- cases, we are paying for that lease car'from the money
that's derived' when we sell cars that_ are forfeited and, we auction them off
and we make the settlements with the'people. :That's what pays for the leased.
cars anyway, it's out of the trust fund and that money comes from confiscating
other cars and propertyand money.
Mayor Suarez: Well, on the issue of maintenance,. I would suggest,.Mi.
Manager, that we could be. a, tittle bit more creative by asking -.the officers if
they }:wouldn't take some of these cars and themselves fix them, the ones that
are maybe not being used for undercover work, but simply; for detectives to"'
drive them and I bet you a lot of them would take them.
a
Commissioner Plummer: Why fifty-six?
k`
95 December 51; 199I ...:
Lt� yl.pn�ueir s Cr ni-gsionar, those cars primarily are in SISIS task force#.
t
robbthe in timid- th&t fifty six number is out down considerably from up
ery,
n
td a hundred la8t yw. The contract has out down from five hundred and
thousand last time down to three hundred and something thousand this
_"something
Mayor uare I am aware of the fact that there has been a heck of ,a
reduction in this, Has it gone through Commission Awareness, have you been
appri:sed'of that?je
Commissioner Plummer" This particular tine, it:hasn't. It has before.
Mayor Suarez: Do you want to put your stamp of approval or recommendation, I
....
meanLE
Commissioner Plummer% Fine.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll. Joe, make sure that Commissioner is apprised before it reaches here.
It might not be this accommodating in the future.
Commissioner Plummer: It's probably my mistake.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption
_
RESOLUTION NO. 91-890
A RESOLUTION ACCEPTING- THE-BID'OF ROYAL RENT -A -CAR
SYSTEMS` OF FLORIDA FOR FURNISHING AUTOMOBILE
LEASE/RENTAL SERVICES ON A CONTRACT BASIS FOR A PERIOD
_
OF ONE ' (1) YEAR WITH THE OPTION TO EXTEND 11FOR . AN
ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF
POLICE AT A TOTAL PROPOSED FIRST YEAR COST OF
i
$36825600;''ALLOCATING FUNDS < THEREFOR FROM THE,.LAW
ENFORCEMENT TRUST FUND, PROJECT NO..:.690001, ACCOUNT.
i-
CODE NO. 029002-247; AUTHORIZING THE CITY MANAGER TO
}
INSTRUCT' THE`- CHIEF -PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS =FOR THIS SERVICE AND: THEREAFTER,TO,.
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
;
PERIOD AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO'THE AVAILABILITY OF FUNDS..
f
(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
r
and adoptedby the following vote:
r
�.
96 December 5, 199,E
'�
3
2,
AYES: Commi ssi oner V"i ctor fie Yurre
oMissioner,Millet J. hWkins
=
Commissioher J. L. Plummer, Jr.
Mayor XaVi er L, . ware
NOES,. Noma.
ABSENT,.Vice Mayor Miriam Alonso.
iiiiilY�LyIY"IfYY►ilYiilYiW+Y►WfY/i®iilbYWYIa11�iY.YYwHYWWaYtWYYiiYw,iLi1►�ffYl�fiYWifirfiWliiiii4 �iiYLaYiiYl i➢ilfiiiYiYii�illli lYefiiY iiiYYiy cif
:=:
36.; REQUIRE ANY ,.FUTURE REQUEST TO REPLACE FORMER SIDEWALK STAR INLAY ON S.W.
8 STREET, PREVIOUSLY DEDICATED TO VERONICA CASTRO, TO BE APPROVED BY
COMMISSION.
irrr+rw..r Y.Y..—rr:----------------rrr -----r --------------.r:r.a.iris GfY.rraa fY1Y
Commissioner De Yurre:. Mr. Mayor.
Mayor Suarez: Yes.
Commissioner De Yurre: If I may at this time before we get on to the next
part of the agenda.
Mayor Suarez: You had a couple of items that were emergencies and you have
notified us.
Commissioner De Yurre: Well, a couple of items.: One is kind of moot right
now, but it had to do with the: star on 8th-Street given to Veronica Castro.
And my understanding is that star is: in another galaxy` right now. And My
feel ng.at.this.time, I was going to ask this Commission to support a motion
to see what could be done legally to remove that star because of what has
transpired. -in the last few days. But now I would make a motion that should
that.: star..I ever want to be replaced, that it- would have tot-- come before this
Commission for approval, and I would so move at this time.
Mayor, Suarez: We have made a general resolution to that effect, have we not,
on a1-1; future stars placed by the Latin<Stars group?
Commissioner De Yurre: Well- I just want to make sure that this doesn't come
under a separate section called, replacement, and gets bypassed by the
Commission.
Mayor -Suarez: -A11 right, so moved and seconded. Any discussion? If not,
please call the roll.
Commissioner Plummer: Mr. Mayor, may I ask, Dr. Prieto, that organization was
supposed. to forward to. us an annual,budget so we would see where'.the ir<money,
was,.coming from :and where itwas going, and ;to assure:'this Commission that it
was nonprofit, i have not seen any further audits of that account, and I
think °_that this Commissionis, entitled to such; and I would ask that that'�te.
complied ,wi<th as. we :requested.
r
Dr.,Luis Prieto: Yes, sir.
fy
97 December, 5,. 199.E
4 ,G
F�
3
Mayor Suarez: Cai�theroll.
Commissioner Dawkins: before you call the roll.
Mayor suarel: Comissioner-Dawkins.
Commissioner Dawkins: The company I need the legal advice. The company
that,put the star there has no legal recourse from the City of Miami, because
that, that they put there was removed. Is that a correct statement?
A. Quinn Jones, Esq.,c I think that's a fair assessment.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: Let me clarify for the Vice Mayor and to be absolutely sure
that we are on sound legal footing. The motion is that should this particular
location star be replaced, that this Commission must approve of .that
replacement.
Commissioner De Yurre: Should there be a desire - right now my understanding
is that red bricks are covering that area. So, if ever, just to in trying to
foresee possible situations, should that star with that name, Veronica Castro,
ever want to be replaced that it would have to come before this Commission for
the approval.- That's the motion.
Vice Mayor Alonso: For the record, I want to state my position. I feel that
yes, that star should have been removed. Of course, we cannot approve of
citizens removing stars or anything else from our streets, but I do support
the idea that, that star should be removed because of- the actiQ..ns taken by
Veronica Castro.
Commissioner Plummer: Well, why don't you do it the other way? Just say.tthis
Commission disapproves that star being replaced, period, amen.
Vice,Mayor Alonso: That's right. That's much more...
Commissioner De, Yurre: No, we don't want to get into any constitutional.....
Vice Mayor Alonso: No, no, no.
Mayor Suarez:' .No, no, no, please, folks, we had i t ;going legal .
Mayon Suarez: ' OK.
Commissioner.De Yurre: We're doing fine.
Mayor; Suarez: Any future replacement ofthisor 'any other star for that '
matter, but as to this one, this Commission has to.approve.
Vice Mayor; Alonso:,- Mr. Mayor, If I may, I think that :what has transpired -
after the actions we have seen today, something that .we have';discussed'one-wa'
`§}
ti..
or another, is that the streets of Miami -should be in the hands `of r,this
Commission. It belongs to the Miami-, 'giving 11; to�.a-private
n.
citizens of and
;x
98 December . 1991,
.� ` i< x
i Ta9 L
4j-0
organization as to make decisions by themselves carry on a burden. And it has
implications of future litigations and problems for the City of Miami, So, I
;—
think that we have to move very carefully in the future when we grant
permission of things like Latin Stars or other organizations, and we really
have to examine whatever we have -approved in the past and Maybag if changing
should take place, we should look into that.
Mayor Suarez: Are you satisfied by the way, on this more global concern
expressed by the Vice Mayor that we have the mechanism in place now? - that
this organization is not running sort of rampant out there on its own? Is
that clear now that this Commission approves all future - we've made that
motion before, I just want to make sure that we do have that in the form of a
resolution or an ordinance or something that has teeth to it.
Dr. Prieto: The Commissioner was correct. This organization is not in
compliance with the wishes of the Commission.
Mayor Suarez: But that the use of City sidewalks for any kind of memorial or
recognition by stars or otherwise, by ordinance, we have made clear that this
Commission must approve that before anybody goes out there and starts...
Dr. Prieto: That's right, sir.
Vice Mayor Alonso: Yes, but the mechanism that was used was not very
effective. For example, I have recollection...
-_
Commissioner Dawkins: Do we now have a mechanism that is effective? Are you
satisfied?
Vice Mayor Alonso: Not really. Because for example, we say, they have to be
audited, and then when you examine and say, well, we've been asking for an
audit for what? - over a year and -a -half, and what they give us, is it
insufficient? The answer is definitely no. Do we have the mechanism to
demand that it's done properly? - and the answer is again no. So, something
has to be developed legally that we don't have to be put in the middle of this
situation again.
Commissioner Plumper: Wait a minute. Did you make a statement just now that
I understand you to say that this organization is not in compliance with the,
City Commission's ordinance?
Dr. Prieto:- That's right, sir. That's what you had presented before. -
Comnissioner Plummer: Then doesn't that automatically...
Mayor Suarez: We don't need to deal with that organization, that's right.
Commissioner Plummer: Doesn't that automatically stop them, Mr. City
Attorney, from any further, by breach of contract or breach of agreement?
A. Quinn Jones, Esq.: Commissioner Plummer, I am not totally familiar with
the setup of this organization or what the relationship is, but if what i hear
you saying is that there was some sort of agreement that you have alluded to,
then of course, their failure to comply with whatever the City's requirements
99 December 5, 1991
1;
would constitute a breach: of that agreement. I Would have to look further K
into ; i t without 4 6
Vice Mayor Alonsoi For a long time, i have been talking to the administration
about the.problems with this organization and demanding that this should have
been done long, ago to examine the legality and also, whether they were _
complying. The answer ts, bottom line, they were doing as they please.
}
0r. Prieto: Yes.
t
Commissioner Plummer Well, I think that we need an answer back, Mr. City
Attorney, as quickly as possible, to that we can put them on notice to stop.
Mayor Suarez And maybe, rind a substitute organization, if somebody else is
interested in doing this.
Vice Mayor Alonso: Well I want to:caution you that we have put them in notice
long ago, and it went on, and on, and on, and Dr. Prieto has been very
frustrated with it.
Commissioner Plummer: Well, would a motion be in order, doctor, that you
issue no more permits until such matters as this is resolved?
Dr. Prieto: That's taken place, sir, we have not issued any further permits.
Mayor Suarez: But do you need a motion? Do you need more teeth into our
resolution to that effect?
Dr. Prieto: No.
Vice Mayor Alonso: We did that some time ago.
Mayor Suarez: OK. You've got that already.
vice Mayor Alonso:. Yes.
Dr. Prieto:' In fact, that's why they haven't come before, this City Commission
any more.
Vice Mayor Alonso: Even though they have been trying to approach some of us
because they felt it was personal feelings - I'm talking about myself, that
they..thought,.I was only,trying to see that whatever they were doing,it was.-
done,according to:the intentions ,of the original purpose of.Latin Stars.
=y
Dr. Prieto: That's right.
Mayor Suarez: So moved and second. Any discussion? If not, please call the
Y
ro 1 i .
x=
100 December 59 1991.
r �
;r
s r<
r
Mr* Alexander Lavin: Good morning, everybody, Mr. Mayor, Comissioners6 OK,
what brings rye here...
Mf
Comissioner De Yurre: Your name and address.
.y
Mr4 Lavin: I'm . sorry. My name is Alexander Lavin. I am the director of
operations of discovery 191. Discovery 191 is the first international
Hispanic festival of the arts. It's going to be happening in December 13th,
14th and 15th, in the Coconut Grove Convention Center. For that purpose, we
have brought painters, artisans from all around Latin America and Spain. What
we are doing is we are building Spanish villas inside the Convention Center
where every exhibitor will have like a little Spanish home and then we have a
section that will be art galleries where we are going to present 1600
paintings of three million dollars... two point five million dollars Dali's
"Botel" - very expensive art. What we are trying to do is to become the most
important. Hispanic festival of the arts, and what we are getting, since we are
living in Miami - this is becoming the New York of the Latin artist. We have
discovered that because we have been dealing with artist for a long-time now.
What we are asking from the City 1s cooperation, which we already have a lot,
and we really appreciate. But the activities of Discovery 191, for example,
the first day.of the opening we are bring about three thousand kids from Dade
County public schools and the City of Miami - when I say Dade County, I
involve everything. That will be the opening, where we have the
representation of all the countries where the kids will learn a little bit
about the Latin American art. OK, the second day, the committee of advisors
suggested the parade outside, that's where the City of Miami comes. We are
requesting permission...
Commissioner De Yurre: Street closure of Pan Am Drive.
Mayor Suarez: Let's just cut through this.. I mean, this all very interesting
but we've got many, many items. You need a street closure on Pan American
Drive?
—
Mr. Lavin: yes, sir.
Mayor Suarez: OK. Any problems with that, Mr. Manager?
Commissioner Plummer: Is. this a nonprofit?
Mr. Odio: Non.
Mr. Lavin: No,.sir.: This is a profit although we are giving part of the
proceeds of the festival to the homeless elderly of the City of Miami.
63
i
Commissioner Plummer: No, you're not, we are.
Mr. Lavin: We are not... We are for profit.
Commissioner Plummer: Sir, if you are asking us to waive and not charge you,,
then. we are giving the money. Not you.
Vice Mayor Alonso: That ,is what I'm saying, street closure.
4C
102 December 59 1991
�J
`a
miyorsuirell., just'strobt closure, I think, at this point6
Y.
omm I t1t a street closure&
V is u J'oner -De y eed4ob No�
Not Lavin,. I don't follow you, Mr, Plummer, I'm sorry. For example, we
are,
i ,
f hintingthe -whol a infrastructure of the festival.
MayopSuarazt He knows that-. We are just trying to clarify. We cannot
help
a for -profit to make more money by using our resources. A street closure
though -typically -doesn't fall under that unless..,
Vice Mayor Alonso: So all we are doing is a street closure?
Commissioner De Yurre: Street closure on666
Vice Mayor Alonso: Prom where to where?
Mr. Lavin: OK: we were thinking just the piece that faces the Convention
Center in Bayshore Drive. For example...
Commissioner De Yurre: No, Pan Am Drive.
Mr. Odio: You mean, here? inside?
Mr. Lavin: inside.
Mr. Odio: Not.outside then?
Mr. Lavin: Wherever is fit -able, close to the Convention.
Vice Mayor Alohso:,. In front of City Hall is Pan American Drive.
Commissioner De Yurre: Pan American Drive.
Mr. Odio: Overhere.
Commissioner Plummer: And how long will it be for?
Mr. Lavin-, I.will presume, about four hours. That will be the...
Cd*issioner::Plumer: One day?
Lavin: One:day, yes.
Mayor Suarez-. Is ita weekend?
M t Lavin: It will be a Saturday.
Vi ce.' Mayor Alonso: Weekend?
Mr" Ldvim:'Yes:
Vice :Mdyor,Alonso: OK so no problems
103 December S,
091
k � e�
xu
am�ssis loner i rri r: Thetis fine.
}
AN
3 laypry r" A11 r{yi gemis(yt i i f it's i n 000rdance With the Managers
1
ypS/u{s►r� ♦ytfpr ^i
p
redo n �tda l.on �:. 11Yy;i�a V. �M ,I,Vt on,
iaayor: Alt r�so: So . mosiad
.g
commissioner ale Yurro Mdvedv
Mayor Suarez: And seconded.
Commissioner Plummer: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution.was-introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-892
A RESOLUTION RELATED TO THE INTERNATIONAL HISPANIC
FESTIVAL: OF THE ARTS PRESENTED BY REPRESENTATIVES OF
"DISCOVERY 19111 ON SATURDAY, DECEMBER 14, 1991;
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; CONDITIONING ALL APPROVALS
ANb AUTHORIZATIONS:,HEREIN, 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 PRESCRIBED BY THE CITY MANAGER OR
-
HIS DESIGNEE6
(Here follows body of resolution, omitted here, and on
fiie,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
J�_Commi ssi,oner:, Mi 1:1 er J ; Dawki ns
Commissione r.J. L.;P.lummer;;ar.
t
Vice Mayor Miriam'Alonso
Mayor Xavier; L' Suarez
NOES: None,
ABSENT: None.
.:
COMMENTS'MADE DURING ROLL CALL:
F>
"parameters
"
Mayor Suarez: The could be set up by the administration, the
specific- parameters.
r$
o
;
104 December-5,'19.91
rF
x {
af5
OMMNfiS MADE AFTER,ROLL CALL!,
Mayor Suarez: We give general approval of the Manager to give aped{
pararrieters 'to your: You've Said four hours, '`you�ve said the` baaio'��tt�aet:�1�
_
pan'Amaricar'y ud,the City Hall area, that's the beet we can do.
Mr. Lavin: OK, thank you very 'much.
Mayor Suarez: You're welcome.
w.rr..i.-wrr.-w--------------a...r.w.-.+raw. aira.—ta.airi---rig... --a:ui,os—+r..—..J..r:La.�r
37. (A) TEMPORARILY DEFER APPOINTMENTS OF INDIVIDUALS TO SERVE ON THE
WATERFRONT ADVISORY BOARD (See label'77).
(B) DEFER APPOINTMENT OF INDIVIDUAL TO SERVE ON OFFICE OF
PROFESSIONAL COMPLIANCE ADVISORY"PANEL6
----------- -------------------------------------------- ----------------------
Mayor Suarez: Item 19. Waterfront Advisory Board. We have appointments.6.
Vine Mayor Alonso: Nineteen, right?
i
Mayor Suarez: Yes, thank you.
a
!
Commissioner Plummer: I need to carry mine over one time.
Mr. Alberto Ruder: OK. Then Commissioner Dawkins is the other one.
Commissioner Dawkins: I have no... I'll carry mine to the next meeting.
Mayor Suarez: OK. Item 20. Office of Professional Compliance. We've got
a...
Mr. Odio: Commissioner De Yurre.
Mayor Suarez: Commissioner De Yurre's appointee cannot serve - Ed Santos.
!
t
38. APPOINT /'REAPPOINT INDIVIDUAL TO SERVE ON AFFIRMATIVE ACTION ADVISORY,"
BOARD(Appointedwas: -,""Janet Grigsby - two appointments still pending)'.
(""
---------------=----------------------------------------------------- ------
Mayor Suarez':" . Item '21. If any of those are ready at any _ time in the day.:
"
"
please let us know, we can always take them up. Affirmative Advisory Board ..
Commissioner Plummer: My appointment is Jan Grigsby.
"
Mayor Suarez:. So moved.
r
Vice Mayor Aionso: Second.
105 December 5, 1991
h M
win-
4
Mayor uar+ Sicondod, as to that appointments Call the roll.
tq
i`he 16 1bw,i no rbaol tl do was � introduced by Commissioner Pl UMMI
-
a
RESOLUTION NO. 91�695:
a
-
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
,
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD WITH TERMS TO EXPIRE DECEMBER 4, 1995
B
(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:
LA
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam AlonsO
Mayor Xavier L. Suarez
NOES: None.
s
ABSENT: None.
Mayor Suarez: Anyone else?
Vice `:Mayor Alonso: Excuse me, let me ask a question. Mine has... Mr.'Rios
was appointed?
Ms. Hattie Daniels: Yes. But the problem with that is that -'for the
Affirmative Action ` Advisory Board, 'membership requires City ' residency' and. Mr-:
Rios'`did not reside in the City.
Vice Mayor Alonso:" So he was. not appointed? Was he or was he not?
},
Ms: Matty'Hirai: That is what;I_'explained to you about the Code. That'we.:`. .
Vi'ce'Mayor Alonso:� The change.
Ms. Hirai Yes, thechange.
1
Vice "Mayor Al onso: OK. „
;.
Ms._Hirai: Hein fact is not a resident `so therefore, he cannot be'app'ointed.
i
Vine Mayor''Aionso: So, I have to give you another name.)
Ms. Daniels. Yes. We still need another appointment`.
—
106 December 5, 1991
b 2, X1} 'T
eF$,Y
irk
t t � ,
Vice Mayor Alonsorl Ifitar todayo t will give you anether names LAter<tedly:�
gill dive you th+e name,-i'tl-bring it back.
~'
Mayort'Surur Do you recommend a strict residency requirement for that;boerd,
O .Could`.it be alternatively- someone who has abusiness in the City 'of
something f:that sort? Because --there may be some valuable people :who are.
active An •the -City.
Ms. Daniels,# The -bylaws basically say City residency or work within the
boundaries of the City of Miami municipality.
Mayor Suarez: All right, so it does that alternative. And he doesn't meet
either one of those?
Ms. Daniels: No.
Mayor Suarez: OK,
Vice Mayor Alonso: OK, so, I'll give you...
--------------------r------------------------------------ -ii-----Yfi Y/�rYiYYii1
;.
39. (Continued Discussion) CONCERNING MANUEL GONZALEZ-GOENAGA'S COMPLAINTS
"ABOUT CITY ADMINISTRATION AND COMMISSION (See label 5).
-----------------------------------------------------------------:. --------
MayorMayor Suarez: Mr. Gonzalez Goenaga, it is after eleven, the time that we had
schedule for public hearings. I also want to tell you that I had received;
but unfortunately received ;-today, the reason I tell you this is that in. case
-
you were confused about your request, we do have a code provision on` -request
by the way, just for future reference; not today, we're not going to hold you
-
toiiit'today. If you would let me know, I think, it's fivedaysin advance of
the Commission meeting, under the code, that what items you wish to.addres',
that helps me a lot to schedule you for public hearing. `In the;meantime,,you -s
have asked in this letter that I just nowgot, I'm glad I brought'it down'w.ith
me 'from 'upstairs, you've' asked for the following. And I' would ask the
Commission'to,-just as a matter of procedure so that we can move on. -with .some
other ° items, .. he, has:. asked for two minutes for . Citizens ' United- for. Decent.
Government; two minutes for Citizens United -Against Police Brutality;-and�two
minutes as an citizen. It's a total of six minutes, Madam Ci y.
Clerk, we're going to hold him `to'' that. You're: going to do ` that._' together, .:
-Tight? < OK :and he has asked, "with due respect,:I emphatical ly,"request;rno
interruptions of any kinds or 'cornnents, et `cetera that disrupts my"thinking
since`English is not my native language. Your cooperation will; be greatly
appreciated." I think the request -is reasonable but more.importantly',because .
we have at :,right to interrupt obviously, but I would recommend that we :not -'
interrupt' you: because when we do', you tend to. get: lengthier- and, more
combative. So,; it's easier ;to let you have your 'six minutes and if_�-we could
do what at this=point in -view of the fact that we are in the section ofLpubllc..
hearings,° 'you will be timed. - _If of course, you can do this i n .1 ess- than-:,six,
minutes,-we would appreciate:it.
107 December 59 1901
Mrs Manuel Oh yes, I willi, But could you finish the letterrR
becaut-e there is another paragraph
}
Mayor ' uara :` At the and it says "your cooperation will be =greatly
appreciated. :You can rest assured that everything I say is for the benefit 'of
r
the COWUnityiAot for political Advantage of any kind." And then it's . got
your signature.
Mr. Gonzalez-Goenaga: OK
Mayor Suarez: All right? Thank you.
Mr. Gonzalez-Goenaga: Well, I do not know if I should even talk for half -a`
minute because this is fait accompli. In other words, everything has already
been, approved and after the facts, it's like talking to the birds who do not
even understand. But I am.going to address myself to the citizens of Miami to
urge them to please come, write, call these Commissioners, because- this is
worse than a theater. It used to be said by the Mayor that this was a circus.
This is not a circus, this is the day of Juan Bobo every time there is a
Commission: meeting. Because the day of Juan Bobo the Commissioners have
decided because of the gag order, which in my thinking, even though they
copied from Dade County, but they don't realize that Dade County is worse than
this Commission. I will try to enter... the thing is that they only copy the
bad things .and they don't copy the good things from Dade County. Well,
regarding item number eight, to the citizens, not to the Commissioners because
they own the City of Miami - that's in their mind. Number 8, regarding
ordinance for bond hearings, authorizing bond issues, I again, tell the
citizens.of Miami to please call these radio stations. That whenever there is
a new public issue of bonds for whatever reason that the bond counsel, that
all the participants, they should tell to the citizens the country... for
example, when a bond counsel is named, there must be a full, and fair, and
equitable Aisclosure of the; financial contributions. to; each .-of the
Commissioners' campaigns. Because "cifarra" and conflict of interest has
always existed in the City of Miami, and there must be a stop to this. As I
saidbefore, if the Mayor wants to steal this building and take it away in a
boat to Cuba, so it be done, but please tell the people of the City of Miami..
Because if you tell the City_of -Miami that you are stealing this building=and
taking it to Cuba, if fwe approve it, after, full and knowledge then -that's the
will of the people, not the wi11 of the Mayor. So, I would like, and,I have
written letters, more than three months regarding the conflict of interest of
Mr. Howard Gary` -with this Commissioner, where he 'earns more through, being
financial advisor �to'the City of ,Miami :than he used to`earn�when he.was City
Manager.. This has to be fully and properly disclosed. Howard Gary , should
!
also, -when he -makes his presentations %tell. how -much >,he has contributed to
each of these Commissioners. Well, for me, 'the empty :seat,:.thank .God',: he s .
not here because I.Aon't consider him a Commissioner: For my personal reasons
that_I wi .1 Vexpress to the federal government attheproper time I continue
then -,with the: Department of Finance, the. same problem, selecting and
appointing underwriting teams. Well, I -have been :told this morning by
Commissioner Dawkins that I am.not intelligent. I agree with him .- .But he, -'is
less intelligent ,for some things, and more, intelligent -for - other things.
Like... because I sti I have not been told who 'paid for ; the, cei 1 ingr.. -, the
roof, of Commissioner Dawkins' house. That's a question that I asked here a
r
long time, ago, and more of the same. So, I hope that the Honorable ;US
,
_
108 December 59 1991
,4
)j
Attorney, Dexter Lehtinen, if he is monitoring this, please, you started with
Sweetwater, you went to Hialeah, you are now in Miami Beach, please don' t
Come to Miami rowing the boat, take a helicopter, because you are going -to
find a lot of problems here and I would say, criminal activities And
enterprises, and t will help you. Again, now I am on Resolution IS- providing
a
for certificate . the same - full and fair disclosure. department of Law,
well, the lawyers, when they waited..b the new City Attorney, Quinn Jonas
Queen or King? - oh Quinn Jones, III, he waited to give his legal opinion as
a judge about the gag order, that in my full consideration is a total deceit
to this community when there is no freedom of expression. We fought for this
nation. I did not go to the service but we have to defend democracy. And Mr.
Suarez, the originator of this ordinance, went to Harvard University and that
Is not what is taught at Harvard. I continue with the Department of Police.
Asking for rental of three hundred and... for the amount of rental cars.
Well, it's public knowledge that they got a brand new fleet of cars of Caprice
Classic, and I have heard that one-third of those cars are disabled, for
whatever reason. And I have said it before here and I repeat it again, that
what is needed is for the policemen to go...
Mayor Suarez: Are you completing your remarks?
Mr. Gonzalez-Goenaga: But on many items. So, the six minutes...
Mayor Suarez: You've used up the six minutes you've requested.
Mr. Gonzalez-Goenaga: For every item.
4
Mayor Suarez: If you want to wrap up, you have another thirty second.
-
Mr. Gonzalez-Goenaga: I am going to. Well, OK.
Mayor Suarez: This is my time now, not yours. I am not taking this away from
you.
Mr. Gonzalez-Goenaga: Yes, I see the red light.
l
Mayor Suarez: But if you had not gotten into the personal attacks you would
have probably been able to complete what you wanted to address having to do
{
with the City's action.
Mr. Gonzalez-Goenaga: This is the last one, the Department of Police. Why
spend three hundred and sixty-eight thousand dollars_ ($368,000) renting cars
when the pol.icemen... that are paid not by the Commissioners' own pocket, it's
paid by -your taxes, citizens, and these policemen, they have to go back to,�.
drivingschool,
, because they hit cars, they. hit children. And also
't
,for
heaven's sake, hear me again, I will oppose any cent from the Police'
Department up until the murderers, and the criminals, and the cowards, and the
policemen,; and the army, soldiers from the Police Department are fired from
the police. How can the citizens pay the salaries of criminals and murderers'
they
when have been collecting a lot of salaries for doing nothing? - for
being criminals and murderers. The Chief of Police which I still have a great
respect :for him, he is a very religious man. Well, I also, I am very
religious man once when I go to church. But to be Chief of Police, we do not
need a very religious man.
109 December 5, I991
nl
we 'do need a very strong man who wi i l do a lot of things to fire the
�? $
trmirsail s arld theeiDrdel"ersrm the pol i ce ppartment �� And ; , i. hope � than ydu
r'3
c tlmis`sichars understand: what have been through, and what this odnmUnity pit
been through I have greater respect for the drug cartel than for the !soy i6e
Department, because you don't get, if you don't get involved with the drug
E
pabota, they don't get involved with you. But the only thing I have received
as an honest citizen, is harassment, harassment, harassment from the police,
personally and also :the Haitians,-thettacks, and the Puerto -Ricans!
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: From the Cuban policemen!
Mayor Suarez: Thank you for your statement.
Mr. Gonzalez-Goenaga: The Cuban Mafia policemen)
Mayor Suarez; Have a seat.
"
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Suarez: It is not a very good comparison to indicate 'that you believe
the drug cartel treats people better than our Police Department. We don't
appreciate that.
is
Mr. Gonzalez-Goenaga: Well, this is my..
`
Mayor Suarez: No, sirl You are finished!
_R
�j
Mr. Gonzalez'=Goenaga: ...my heart, from the heart.
ei
Mayor Suarez: You are finished, si rl You'll be removed from these- chambers
if I -you interrupt 'once again today! We don't appreciate that comparison. on
behalf of our Police Department. I've heard them many, many times from you.
The other day, you compared us to Fidel Castro. We don't appreciate that.
either.
---------------------------------------------------------------- -----------
40. APPOINT / REAPPOINT INDIVIDUALS TO THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD'. (Reappointed were: Josie Poitier, ;Irby- McKnight;, Elio
k
Cruz -Dorothy Quintana, George Lehor and Dennis Scholl. Appointed were:
Fred Santiago, Christopher Ashford and Ernestine Harris. One appointment.::
1
pending.)
----------- -----------------------------------------------------
Mayor Suarez: Item 21, I believe.
t
Mr. Odio: Twenty-two, I think.
_
Ms. Hirai: Twenty-two, Mr. Mayor.
N
Commissioner Plumper: Twenty-two.
a;
110 December S, 199
fi
J
777
Mayon suaral..'Me have two requests for my appoittment, and I don't know ify.�t
at ually threat because 1 think Freddy Santiago would like to be on this board
Vice Mayor Alonso: Zia asked one too.
}
Mayor Suarez: ...Commissioner Plummer or, Vice Mayor Alonso be interested
in..�
�
Vice Mayor Alonso: Yes, Freddy Santiago I will appoint.
Mayor Suarez: OK, because I've got a Chris Ashford who is very interested and
f
lives in Allapattah and Ernestine Harris for my appointments. So those three
are nominated.
Commissioner Plummer: I'll nominate my two that asked to be reappointed,'Mr.
Scholl and Lehor
F
Mayor Suarez: OK.: So as to those five, anyone else have any...
Commissioner Dawkins: I renominate Josie Portier and Irby McKnight.
Mayor Suarez: As to those seven. Any other appointments?
Vice'Mayor Alonso: Yes, I will reappoint...
Mayor Suarez: - Olga Perez -Nodal
o:
�{
Vice Mayor'Alonso: ...Elio Cruz.
Mayor Suarez: Elio Cruz. Eight. Commissioner De Yurre, we're only missing
yours, Do you want to reappoint any of the existing ones?
Commissioner De Yurre: I have two appointments?
Mayor Suarez: Yes, Dorothy Quintana and Johnny Matthew.
Commissioner De`Yurre: I'll reappoint. Dorothy Quintana.
Mayor Suarez: OK, and we have'one pending then. As.to those..nine, we have_a'-.,
motion and a second. Any discussion?
Commissioner Plummer: So move.
�r
Mayor Suarez: If not, please :calltherolt..
ill December 5.
7N
fP!"In
�
The fallowing resolution Was introduced by CbMissioner
Plummer, Who
moved
its adoptions.
RESOLUTION NO. 91-594
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO
THE
CITYWIDE COMMUNITY: DEVELOPMENT ADVISORY BOARD,
WITH
TERMS FOR SAID APPOINTEES TO EXPIRE SEPTEMBER 1,
1903
j
OR AT SUCH TIME THEREAFTER AS SUCCESSOR MEMBERS
ARE
2�
APPOINTED BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
L -
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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None:
41. APPOINT / REAPPOINT INDIVIDUALS TO THE PRIVATE INDUSTRY COUNCIL (PIC)
(Reappointed was: Josefina Bonet Habif - two appointments are still
pending)------------------------------------------------------------------------------
Mayor Suarez: Item 23
Commissioner Plummer: I will reappoint Josefina Bonet-Habif and also,Newall
+. F7`+s�x
rK
mayor Suarez: ..land NewalI Daughtry,
Commissioner Plummeri From the private sector. Newall Daughtry is 'a CBd
;
te6ftnunity=,Based Organization)'alsoy 90 that's ., there's three..
Commissioner Dawkins: Is a what row? No, I think one of us ought to have a
right to choose:somebody else. I'll get another one and bring it to you.
Mayor Suarez: OK, as to the community based organization, since we don't seem
to have any controversy on that, why don't we call the roll on that.
Vice Mayor Alonso: Yes.
Commissioner Plummer: That's fine.
I
Mayor Suarez: Seconded by the Vice Mayor. Thanks.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-895
A- RESOLUTION APPOINTING THREE (3) MEMBERS TO THE
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR
TERMS TO 'EXPIRE JUNE 30, 1993.
here 'and on
AHerUpon
fileein-the Office of the City Clof erk ,tted
being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
'
Commissioner'Ji L. Plummer, Jr.
Vice Mayor�' Mi ri am Alonso
: Mayor.,Xavier1. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, the other...
Mayor Suarez: Private sector seat. Do you want to try that?
}
Commissioner Plummer: The private sector is the one that I was trying:to
appoint Mr.-Newall Daughtry to. And I so offer. =°k
Mayor Suarez: That, right now, is being held by Elmer Leyva.
{
Vice Mayor Alonso: To replace Leyva?
f
113 December 59 1991.
k-
}" s
Mayor Suarez:,
Ikhr
e
1
Mr. OdiDo. Who
is Elmer LeyVa?
Mayor ijaret:
Are, there any other nciminees? Do you want to hold off
on that`, ,
Cbmisaionar
Dawkins
Commissioner
Dawkins! Yesy hold
off on both of them.
Comnissianar Pl0mmer3 On` "which one?Oh, OK. All right' then, let's
continue the other` two until a hater date.
Mayor Suarez: Very good. All right, did we call the roll on the one that was
nominated? We did?;
Mayor Suarez. Item 24 then.
Commissioner Plummer: Did we call the roll on Josephine?
Ms. Hirai: Yes, sir, we did.
Commissioner Plummer: OK' Thank you.
r
42. CONFIRM`SELECTION OF INDIVIDUALS BY CERTIFIED BARGAINING REPRESENTATIVES
OF CITY EMPLOYEES TO SERVE ON BOARD OF TRUSTEES OF GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST (Confirmed were: Jack Rabun,
Krista Woods and Peter Joffre).
-------------------------------------------------------------------------------
Mayor -:Suarez: OK, item 24, General -Employees and Sanitation Employees
Ret.i rement,Trust.
Mr.. Odio: :AFSCME (American Federal, State, County, and Municipal Employees)
has recommended: Jack Rabun and the SEA (Sanitation Employees Association) has
submitted confirmation for reappointment of Krista Woods for term expiring... .
,
Mayor -Suarez: And Peter Joffre to replace Betty McKnight.
Mr. Odio: And the appointment of Peter Joffre to fill the unexpired term ;of
114 December 5;, 1991
Mayor' SUAt'e23 Weil -do your best in the future. Moved and seconded, Any,
digtu'99061 If hdtj please call the"ro11.
The fol lowiw regdl-Uti6ff was introduced by Camissioner Dawkins, who
moved its edoptio'nt
RESOLUTION NO, 91-896
A RESOLUTION CONFIRMING THE SELECTION OF CERTAIN
INDIVIDUALS BY CERTIFIED BARGAINING REPRESENTATIVES OF
CITY EMPLOYEES TO SERVE AS MEMBERS ON THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS OF
OFFICE TO EXPIRE AS DESIGNATED HEREIN,
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
i
ABSENT: None.
Mayor Suarez: -Charlie, why do you look so surprised when I asked if our
retirement trust board members live in the City? Shouldn't they live in the
j
City? Don't you agree that they should live in the City?
Commissioner Dawkins: No,: not when half of his work force. don't live in it,
why should he..
Mayor -Suarez: - I wouid.hope that you would feel that it's sort of a preferred
situation that they live in the City, Charlie. And that you would look for...
thank you, thank you.
Mr. Charlie Cox: That's fine. The issue was just never brought up...
Mayor Suarez: A11 right, good.Let the record reflect he agrees.
f
115 December S, I991
1B
I.IIiYIW/iiiiii�i�Y1�►WIfUfllfYmfiiiiWl.Ys7Yiili 11i1i1.fi Yi��l.rY�iiii{'YlfiYfYiiG ai iiitOaYtii Yiriili ii---a---------lYYilYaliYYYWMitri YiYliYi.Y i.itYY6Y•`
'. tom.'
Mayor�Suare�: Item 25. General Employeeso Sanitation Employees Retirement
k
Trust. Two confirmations...
Mr. Odio: Hector Serrano and Ronald Thompkins.
Mayor Suarez: OK.
Vice Mayor Al onso: So move.
Mayor Suarez: So moved by the Vice Mayor.
Commissioner Dawkins: Second.
Mayor Suarez, Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-897
A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS AS
MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY,OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES':
RETIREMENT TRUSTFOR TERMS OF OFFICE AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on
file`'in theOffice of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution -was passed
and adopted' by the following vote:
AYES r Commissioner Victor De`Yurre
E`
Commissioner Miller J. Dawkins
g
Commissioner J L. Plummer, Jr.
Vice Mayor Miriam Alonso
�r
s.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.,
Mayor Suarez: I gota report` on the tot of that.
Now he's saying some of
them Live in the City. Charlie, if you know
or any of the- other
Y
administrators or people involved, what is the amount
currently in the trust,rO
fa'
116
December 59 1991
�..'
Y I a ,4: ks.rt'vSb'°Ga'n°
t
abebiute aliiit�nt'� i got a report that has one figure iow the oot
a + t e :ior�.. f the asapts� and. r�other. OgUre ; for the .market<pr�ICe* � HOW,t of
the in the is
th,pension plan,: -of the and fire, 1 guess system pian
�polioe
what they, r� callad, don't give that. kind of an alternative valuation7 They
v
ut you the ,total... Amount that thty have, and .you guys TKO.: it by..x.opst of
:5
'
aoguiaition versus market price
Mrs drank 0hmielewskit Oh, when he had called my office, you know, you asked
me for the, you know, what is the current values of the plan in it's..6 you
s
know, that's the way we keep our records and.6.
Mayor Suarezt Do you have any idea why the others don't do it that way?
Mr. Chmielewski. I have...
Ms. Elena Rodriguez: Sir...
'
Mr. Chmielewski: ...I mean, Elena is here. She can answer that.
a�
Ms. Rodriguez: Sir, if I may, I'm Elena Rodriguez. I'm the administrator of
_
the fire and police pension fund.
Mayor Suarez: Of the...?
Ms. Rodriguez: City of Miami Firefighters and Police Officers Retirement
Trust. I don't know what you're looking at. We sent you an annual report
that does have the comparisons of the cost versus the valuation. We have...
Mayor Suarez: You have them broken down in the same fashion? When I've asked
in the; past how much money... how much value total in the <police 'and
r°
firefighters retirement trust,, you've given me a figure. You've never said,
you know, it depends on whether you look at cost or market value. Which is
the figure that you've been giving me?
Ms. Rodriguez: No, when you have asked... OK...
Mayor Suarez: > The;'higher of the two? Is that :what you're..,.
Ms.:Rodriguez: No. When... our annual report has both of them. .When the
annual report comes out...
Mayor Suarez: Well, all right, well let me...
Ms...Rodriguez: When the annual report comes out, I copy�_everybody.and:you're
one of, them.
Mayor.:;, Suarez: What is the current valuation; of your -net .assets . for both.of
your°assets?
Ms. -Rodriguez: ;I can give you the .exact figure: if, I'm allowed to make a call.
Mayor.:: Suarez: Give me. an estimate..,
Ms. Rodriguez: I _ can tei 1 you, that...
I17 December 50 �991
%
�2 r
1 ,tyt .
Fn}
py,. yny yr� �y■ypyp�.y��[ _
i afl:.: sure you know .what a rough,: figuret is t0 the nearest
*.�
�
V 11 n, let's say.
N Rodriguez: 'the market value is slightly under half a billion dollars6
Mayor. -Suarez: Slightly under^ half a billion. They've got two hundred,- Ad'
some thousand if you look at..6
Mr,. Chmielewski: two hundred and fifty-six million.
Mayor Suarez! if you look at market.
Mr. Chmielewski: Yes, sir.
Mayor -Suarez: So that's. three-quarters of a billion dollars, folks. Just
want everybody to know.
Ms. Rodriguez: In those two trust funds.
Mayor _Suarez: I think when I was elected, it was at slightly over three
hundred million for the entire shebang. Now we're at three-quarters of a
billion dollars.
Ms. Rodriguez: When I was running both of them, there was seventy-four
million. Yes, they have grown.
Mayor Suarez: There was,only how much?
Ms. Rodriguez: When I was running both of them, there were only seventy-four
million, thetwo of them.. Yes, they have grown.
Mayor Suarez: Somebody is doing somethings...
Ms. Rodriguez: Right.
Mayor Suarez: ..a little bit better than before. Now, about that, what is
.your -rate -of return the last..couple ;of years? They claim they have a much
higher rate of return than you do. If that's the case, that worries me.-.,
Mr..Chmielewski: 0ur rate of return on the average, for the last 12 years -is
about.`..
Mayor Suarez: I just wanted the last two years. I'm not responsible for
last =four.:
Mr.=Chmielewskir OK. Last year was 245 percent.- The year, before .that,,was,
�: rr
about 103-percent.
Mayor Suarez: Fie, -on you,. They're doing better than you are.
Ms:,Rodriguez: No, sir...
Mayor Suarez: That averages out 24 and 10 to 17 plus.
118 December 199
„�
N,,k
0,
SyY
5
a
7
R r gu42: Y .hdVd ���the attnuai re ort vf Ua City that
i
AA
ivi►yow uar#z: What is your rite of return for the ies two yearn, El end? �if
'Y
ou I�riow _1 t,'} >
Ms.. odri uez: I'ii read it t you in a'sec,.. No I -don't know It,Off:hand�
.
Mayor. Suat�ex: Don't -give -me all this, as Commissioner Dawkins says'
philosophizing.
Ms. Rodriguez: Sir, they made...
Mayor Suarez: What is the rate of return for the last couple of years?
Ms': Rodriguez: I don't know it off hand. I can look .it. up for you: We
made:..
Mayor Suarez: Oh, you do know= it, approximately. i am sure you have
memorized:the�last two years your rate of return. And if you don't, I suggest
that you memorize your rate of return for 'the last couple of years just like
we te11' Mano and Carlos and all our finance people to remember items in our
budget...
Ms. Rodriguez: Sir, I can tell you we made...
Mayor�Suarez: ...so that we have quick reference -and not complicated answers
that require you to look through... I can look through that book too. And
thenI don't need you.
Ms. Rodriguez: I'm -looking at the annual report of the City-fore1990. The.
Mayor" Suarez: I'm thinking, as if it were in other cities, Madam Vice Mayor.
In�other cities -,,the Mayor does all of this. Not all these boards - and things.
Ms. -',Rodriguez: :OK,%sir...
Mayor; Suarez:. ,.Al ] right, now...
Ms: Rodriguez: =May I read some figures from the annual report from the City?
Mayor' -Suarez:, < Yes," =you ;can :read. You can recite, you can do whatever you
want. Just give me an answer, please.
�,.
Ms. Rodriguez: The realized gains on investments for GESE;(General Employees
and.Sanitatiov Employees) ,.from, the, annual report of the City, ]ast year was
12.596. The realized rate of :return for FIPO (Fire and Police) for last year
was137.746.-• . IV-t the City.'s figures, :and you may check; them if you want.
4 x
Mayor -Suarez: I. don'.t care whose figures they are. I assume we a]1 agree on
�
the `figures. What is your rate of return for the plan and system, I think
heirr.- names are of
=1
�Ms:. Rodriguez: No..
119 Qecember 5, ii..91
Yam.
p}
�
S
F.i 6 ,ja.Yi l•,iyt*b N { XKh?
i
T f 5
�fi 5 :4i
Arm you have the two figures? -last year and the year be�dr�
last?
�
1
Mt. Rodriguez: I don't know off hand, sir. I can tell you what I have here.
Mayor: Suarez;, All right, thank you for your frankness and your candidness.
You did well today.- You gave me some nice simple answers. Maybe you hava
done as well as they have, I don't know.
'
Ms. Rodriguez! Noi, we've made three times what they did here.
fF—
Mayor Suarez: All right. Thank you. They claim they did three times better
than you. Maybe we should have this like a debate...
Commissioner Dawkinss And if they did three times seven, three times 17 is
fi
what? -fifty one.
Mayor Suarez: Fifty one. She gave me a bunch of figures. I can't say I
understood them all. You gave me some simple answers. OK. Can you highlight
those for me, and send them to my office? Not the entire report, just the
rates of return.
Ms. Rodriguez: Sure, I'd be happy to.
Mayor Suarez: - Thank you, because I'll then call you and then we can have our
i-
private discussion and not take up the Commission's time.
----------- -----------------------r------—r--------—r---------- --r--- --
F'.I
44. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF ZONING
_
BOARD (Reappointed were: George Barket, Elba Morales and,George Sands)...
1
Mayor Suarez: -OK, are we on -twenty....
Mr.'Odio:.''Twenty-six.
-
-Mayor Suarez: Twenty-six.
Vice `Mayor�Alonso: Twenty-six.
Mayor Suarez: Zoning:Board, three appointments.
Commissioner Plummeri I reappoint George Barket.
Vice Mayor Alonso:, I reappoint Elba Morales.
Mayor Suarez:',So moved and... '.
t
Commissioner Dawkins.:i reappoint George Sands.
r
)`}
Mayor Suarez: OK, so moved and seconded as to all of those.
,�
120 December 5, 19�91
f
f
i
qT
<<;
f
�
�_��s y'
jq
3,
MOW; Yes;
�
k;
Mayer. u�re : Cal I ethb wo1 i
t_
The fol l owi tip resolution was introduced by Coroni Ssi over Alonsowho
,
moved its adoptibnt
;F
RESOLUTION NO. 91"898
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
!
AS REGULAR MEMBERS OF THE ZONING BOARD OF THE CITY OF
MIAMI, FLORIDA, EACH TO,SERVE A TERM ENDING DECEMBER
31,-1994.
(Here follows body of resolution, omitted here and on
1
file in the Office of the City Clerk.)
3x
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.
-
fi
-------- - ------------- -----------------------_�.__ - ----------------
e
45. APPOINT / REAPPOINT -INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF PLANNING
ADVISORY .BOARD (Reappointed- were: ,Eladio, ,Armesto,-.Garcia: and Doreen
LoCicero-,one:appointment,still pending.)
------------------------- ---- ---- - --- ------
---------=------=----------
Mayor.Suarez: Item 27-.
S
Commissioner Plummer.: I reappoint Eladio Armesto.
—
Mayor Suarez:' Is that Eladio Armesto...''
Vice Mayor Alonso: Garcia, Garcia.{�
Mayor-Suaeez: New or old?
Commssioner Dawkins;: That's the guy'over here had on the leather jacket:
Y
Mayor Suarez: Isn't it time that we maybe go to the next generation of
'`yr
Armestos? 'Aren't... I mean, I can',t tell,you who'to nominate, but...
121 December 5, 1991
fi
A
I
,tKK''{'k:"'� Y7
'1 � lL ••
ki�clSH
-^.l E
y i E
i
t^.r'.al `F iT .5•.. \ra '.y $."1 i-,
Ct isgioner plum mere If -you think I'm giving -to get in a fight between ftth r
and soh, you're +crazy. Now# if they want to argue it out among themselves ind
'
x
come= back. to me,: that's 4 differeht story. -But I'm not going to get into a
t.. ,
fight between the two of them. And I personally don't feel that they Should
both b� �pp�i��ed to the same board.
Mayor Suarez: No; ne I certainly wasn't implying that. I was.. all right`s
Commissioner Al,onso, you going to hold...
'
Vice Mayor Alonsot But that, of.course, will not prevent if any other member.
of the Commission decides to do so. I will hold my appointment until next
Comini scion 'meating.
Mayor Suarez: OK, any others? If not, we have... yours is Doreen. So moved
as to Doreen and as to Eladio Armesto-Garcia. Any discussion? Moved and
seconded. If -not, please call the.roll.
Commissioner Dawkins: George Sands also.
Mayor Suarez: And George Sands, thank you.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-899
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS. TO SERVE
AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD OF
THE CITY OF MIAMI 9 FLORIDA, EACH TO SERVE A TERM
ENDING DECEMBER'31, 1994.
(Here follows body of resolution, omitted here and on
file in the -Office of the -City Clerk.)
1
..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.
Vice Mayor Miriam.Alonso
Mayor Xavier L. Suarez
NOES::;; None.
=
ABSENT: None.
-
COMMENTS MADE .DURING ROLL,CALL:
-
Commissioner Plummer: Wait a minute, George Sands was the, ZoningBoard.
We're now talking about planning...
�j
Mayor Suarez: Planning, Planning Advisory. OK, it was...
=,
122 December 5, 1991
�3k £ ,eL 5€ 1t'C N 1,.4 1 t2 S'uT(4 'zf
�zn, t
(
t
nis inner Da�rkins: �sOKi I don't have AnythinB���:
err:
Mayor uara Dail the roll on tha two reappointments.
jr
.
.iiWtYiYY®tlY�iiiitutiWYSYcrllitilr.YsiW.kaaiYlWYciYalnYaraii:i.iili wNliYiirri i.r.1a4Wnriot YciY.iirairraaaY�rtlW YYGiictl:si►YiriiYil Wi�ilY4 Willi illY•tlriiYRfllliil�
:.. s
46. 60ER APPOINTMENT OF INDIVIDUAL TO SERVE AS ftEDULAR MEMBER 00
CODE ENFORCEMENT BOARD.
(B) DISCUSSION CONCERNING CURRENT INEFFECTUAL METHOD OP COLLECTING
FINES FOR CODE VIOLATIONS.
iW lrrrrr.r�wrrr`i.r.rirwliWrrffii.ra..rYi.wriri.fYW:iaw/irilir iirl�irirrii+iiT.a�i.arir�Wfr..wirrrciG r'-rw-ii•----riG---raw Yr.l
Mayor Suarez: Code,Enforcement Board.
Commissioner Plummer: Did you read...
Mayon Suarez: Is the before the excessive absences that are mentioned here,
or after?
E
j
Commissioner De Yurre: That was after the excessive absences.
Mayor Suarez: All right. You can go ahead and.confirm that ifyouwant now
by motion. I don't know that you need to.
Commissioner De Yurre: What I'd like to know is whether... do we have any
records or whether he's been appearing at the Code Enforcement Board?
'i
Commissioner Plummer: Really what difference does it make? The Code
'j
Enforcement doesn't do anything. All they do is collect liens. They got $20
ai
million worth of liens, but they don't do anything.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs --Sergio Rodriguez: No he wasn't coming to the meeting.
Commissioner De Yurre:' He was not?
i,
Mr.:. -Rodriguez: No.
Commissioner De Yurre:.. OK, then I'1;1 just... I'll come up with -.another: name.
then.
t�{5
{,
Commissioner Dawkins: y
OK. May I ask a question? ..According to-what',s in;:m
,
package,; some of these terms ,,expire 2/92, which is- two meetings ;from. now., Is
i
the correct?
{.l
H
Mr. Rodriguez: That's correct,
A;
Commissioner Dawkins: So you'll be coming back for other appointments.
1
�i��ry� $iJ'{'��i' '� •v i 1,i '1 : 1 -t l SS t4r ri-'
1
R
r
COrrnissithdr DkWkinsr So if the Commmissioner decided ` to waft
�Cib6 i
�^ t
{G pWMirGt they' rC+ taiinabouti
�MtodIuCii The'
Cai ss ot�dr Dara�ci ns: Ho, hi s As i n ''s4. ` He has t6 do it, OK, no problem.
Vine Major Aionsd Ninety"four.
Mrt Rodriguez: Right4 But the Commissioner right, correct.
Commissioner Plummer: Code Enforcement doesn't do anything, just build up..
Mr4.Rodriguez,. On the record I disagree with,,you, and I will...
Commissioner Plummer: Just build up fines
3
Mr. Rodriguez: ...spend time with your
Commissioner Plummer:, How much fines do you have? -$20' million dollars in
a
liens?
f
Mr. Rodriguez: No, twenty-five...
Commissioner Plummer: And how many of those can you cash at the grocery
store?
Mr., Rodriguez,,- The idea of...the-Code Enforcement Board is not to cash fines,
but to try to get code enforcement.
Commissioner Plumper: Yes, ,right.
Mr. Rodriguez: And we have been very successful...
Commissioner Plummer: Right.
Mr. Rodriguez: ...eighty-five percent success rate on the code enforcement.
commissioner Plummer. You spend...
Mr. Rodriguez: Anytime you want me to go your office and explain to you
again.
Commissioner Plummer: You spend a million dollars a year in code
enforcements, and the best thing you've done is build up twenty -million in
liens.
_
Mr. Rodriguez: We get 300 cases a month before the Code Enforcement Board,
and we get 85 percent compliance. I think it is an excellent board ifI may
say-so.
Commissioner Plummer: You have to defend your salary, I understand that'.
'
r
Mr. Rodriguez: They don't pay me for this.
Y'
124 December 5- 1991
x
}
onrisaioner.Plumer: t think we ought to pay you out of liens.
Mr. Rodriguez,. By the way, Conmissionerl'before. , in January, we're going to
"
come before you all With a ticketing ordinance. And the ticketing ordinance
also is going to upedite.the old system much better.
Commissioner Plummer: You've been telling us that for over six months.
Mr. Rodriguez: They asked us. The people from PAC asked us to wait until the
meeting in January to be able to come before you. They want to really be
before you and support it. So...
-------`.-:r- - rain..-.r---------rrrr..ira►------- ti------- ------- --------+rr-----w.."..rarwi.r.
47. DIRECT 'MANAGER TO REALLOCATE $218,284 AND $76,266 IN UNEXPENDED 8TH AND
10TH YEAR COMMUNITY BLOCK GRANT (CDBG) PROJECTS: (a) OVERTOWN HOUSING
REVITALIZATION, AND (b) OVERTOWN SECOND MORTGAGE HOUSING SITE
IMPROVEMENTS - TO ACQUIRE SLUM AND BLIGHTED PROPERTIES AT N.W. 13 AND 14
STREETS BETWEEN 2 COURT AND 2 AVENUE, TO ENABLE DEVELOPMENT OF
AFFORDABLE RENTAL HOUSING (48 UNITS) PLANNED BY ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION.;
-----------------------------------------------------------------------------
Mayor Suarez: OK. On the item before us...
Commissioner Plummer: Twenty-nine.
Mayor Suarez: Twenty-nine.
Commissioner Plummer: Move it.
j
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
.3
j
f
.. t.
4
t k
}
125 December 5, 1991
The following resolution was introduced by Commissioner Pl utrmar, who
moved its adoption!
RESOLUTION NO. 9I-900
A RESOLUTION, WITH ATTACHMENTS, DIRECTING THE CITY
- MANAGER TO REALLOCATE APPROXIMATELY $218,284 AND
$75,266IN UNEXPENDED 8TH AND 10TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FUNDING, FROM CDBG
PROJECTS ENTITLED "OVERTOWN HOUSING REVITALIZATION"
AND "OVERTOWN SECOND MORTGAGE HOUSING SITE
IMPROVEMENTS", FOR THE PURPOSE OF PROVIDING FUNDING TO
UNDERTAKE THE ACQUISITION OF SLUM AND BLIGHTED
PROPERTIES SITUATED AT NORTHWEST 13TH AND 14TH STREETS
BETWEEN 2ND COURT AND 2ND AVENUE; SAID PROPERTIES ARE
BEING ACQUIRED IN CONNECTION WITH THE DEVELOPMENT OF A
FORTY-EIGHT (48) UNIT AFFORDABLE RENTAL HOUSING
PROJECT PLANNED BY ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION IN THE OVERTOWN NEIGHBORHOOD.
(Here follows body of resolution, omitted here and on
Y
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
---------
480 WAIVE COMPETITIVE SEALED BID PROCEDURES FOR STRUCTURAL REPAIRS AND
IMPROVEMENTS TO ORANGE BOWL STADIUM - RATIFY MANAGER'S FINDING OF PUBLIC
EMERGENCY - AUTHORIZE CONTRACTS AND PURCHASE ORDERS - ALLOCATE $195,000
(CIP 404238, ORANGE BOWL MODERNIZATION PROJECT - PHASE II).
+ ------------------------------------------------------------------- ----
.�
Mayor Suarez: Item 30.
i.:
Commissioner Plummer: Move it.
fs
Mayor Suarez: Moved. Seconded, Commissioner De Yurre. Any discussion? If
t
not, please call the roll.
jp
t _
—
1
126 December 5, 1991
f��
n n&vv6vvavii, ov mi nrranmniarr. vvie yr Y/JIna yr enu
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL
COMPETITIVE SEALED BID PROCEDURES FOR CERTAIN
ADDITIONAL SUPPORT WORK FOR THE SPECIFIED STRUCTURAL
REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWL STADIUM;
RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S
FINDING THAT A VALID PUBLIC EMERGENCY EXISTS
JUSTIFYING SAID WAIVER; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY CONTRACTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND TO ISSUE THE
NECESSARY PURCHASE ORDERS FOR SAID SUPPORT WORK,
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
THE TOTAL OF $195,000 FROM THE CAPITAL IMPROVEMENT
PROJECT NO. 404238, ENTITLED "ORANGE BOWL
R;
MODERNIZATION PROJECT - PHASE II". SAID TOTAL
'-
CONSISTS OF $85,000 FOR LAW ENGINEERING, $82,100 FOR
MCO ENVIRONMENTAL, INC., $10,000 FOR FERNANDO GOMEZ-
PINA AND $17,900 FOR ESTIMATED EXPENSES INCURRED BY
r;
THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRMS.
(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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
None.
-5
f
li
F:
127 December 5,.1991
i
Mml `-�+ k��"�L'',h%.
v
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J�...csir�cirrariaw�ir�aarr®c+i►brr�roraY..�raranor..arrx.car+�rw.raracrr.c.rr.mrmarsrsrmm.rirtmc+waii�.ra�aca.+r�ar�.an�riWwi�.nnle
.+
fig-. S fEP COMMENTS BY VICE MAYOR Af�ONSO CONCERNING TH GOMMfSSION AWARENESS'
T°
4
-------iciGfi'Yr-Yi+i-- aawiriYYr.r-ir:.rfiaiiiras.nr-.ran.Grc
Mayor Suarez: We're recessed until...
Vice Mayor Alonso: Just for the record, I'd like... yes...
Con-m ssIoner Plummer: Mr. Mayor...
Mayor Suarev: Oh, I guess we're not recessed. Yes, all right, Madam Vice
Mayor,
Vice Mayor Alonso: want to say that things relate to the Orange Bowl,
before they are put into the agenda, I'd like to see them first according to
the Awareness Program. And this is about the second or third time that it
comes to the agenda and it does not come to me first.
Mayor Suarez: Please take that to heart. Commissioner.
,
Comm ssi ones Plummer: Mr. Mayor, I want to remind you, sir, that as per a
memo I sent you, I have to leave here this evening between 6:30 and 7.600 to
°
represent this Commission at the closing of the CAC and as also I want 'to
apprise all of the members ofthisCommission that the Bayfront Park Winter
Wonderland was beautifully accommodated last night with winter weather.. And
the promoters have offered to this Commission that if we can put together
within the next seven days, up to a 100 inner -City kids, they will allow.them
to comethere absolutely free of charge'. So I would ask the administration
however .they want to.do, it,.to put -together at least a<hundred ,needy,.
underprivileged children from the inner -City that they will. honor that request
to allow them to -come to that Winter Wonderland absolutely free of :charge..'
Mayor 'Suarez:OK.
commissioner Plummer: So, If you'll put that together, all members of this
Commission, of course, are invited at all times.
NOTE FOR THE RECORD: Commissioner Plummer informs
Commission that he has to leave at 6:30 p.m. and
.
invites members of the Commission to attend the Winter
Wonderland event In Bayfront Park.
Y.
t
_
Commissioner Dawkins: Mr. Mayor.
u
Mayor Suarez: Yes, Commissioner Dawkins.
r
128 December- 5:,; 1991'.
�i
i�nU8i64rr,t wkbnst Miss Soso 0 would 11ke for 5 to be reschedu ed to the
`
next mtoti No ':
Mayor Uarai OK, Atern >.. <<
Commissioner Plummer! Second.
Commissioner Dawkins: thirty five.
Mayor Suarez: Thirty-five to be rescheduled. Commissioner Dawkins.
NOTE FOR THE RECORD: At this point, 'agenda item 35,
concerning temporary City employees, was continued to
next Commission meeting.
rr`r--arr____—____arr_rr---_-----r__rrr__r...rw_rrr_r___r_rrwrr_rr.rrrra.rr_r_.r.rrrr-rt
-
50.1 COMMISSIONER DAWKINS STATES THAT THE BID FOR, AND DISCUSSIONCONCERNING,
STATE-OF-THE-ART RESCUE VEHICLE SHOULD HAVE BEEN ON`TODAY'S`AGENDA`
---------=---------=----=--------_____-___-_---------_..--r------------=--,.:-.
Commissioner Dawkins: And I'd like say, since we got three minutes. I ask
againf, and I keep saying this, nobody hears me An 'the' administration. I
distinctly asked' at the'last meeting when we were 'talking about purchasing 'a
€
rescue vehicle, that they come back at this meeting with the full particulars
of the bids, and everything and ready to go out. Nobody has put it on the.
agendait's not being discussed. Nobody has been"to my office to tell me
why. But yet, if you, check the minutes,,you will see where -this Commissioner
requested this and you do not have it Thank -you, Mr. Mayor.
Mayor Suarezi Thank''you.
7
{ i{
129 December 5 10
i
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51 7, MISSIONkk PLUMMER REQUESTS REPORT PROM ADMINISTRATION, AY TIE
'
`
AFTERNOON, CONCERNING: (a) PARK RANGERS AND 'PUBLIC SERVICE AIDES (PSA),'
AND, (b) BICYCLES BEING STOLEN, TAKEN TO BOATS ON MIAMI RIVER, AND
-ALLEGED LACK OF RESPONSE BY POLICE DEPARTMENT (See label 71).
it ---------- ----fi-Yi-- ►--aria----- Yfi- 1G---------
Mayor Suarez: Commissioner,
Commissioner Plummer: Mr. Mayor, I ask for an answer of the administration
this afternoon. Mr. Manager, two items. Number one, I asked at budget time
that this Commission be made aware on a monthly basis, of the position of the
Park Rangers, how many have been hired as to PSAs. And how manypolicemen
r
have been returned to police duty and replaced by civilians. I've yet to have
an answer. I would like it this afternoon. The second item I would like an
answer on this afternoon, Mr. Manager. I have a complainant who came to my
office about his bicycle being stolen. He followed the individual to the
waterfront on the Miami River and watched it placed on a boat. And, in fact,
>`
was told that the Miami Police Department could not do anything about it once'
the bicycle was on the boat. We are seeing literally hundreds of bicycles on
t`
tops of boats, and we're having hundreds of reports being written on stolen
bicycles. I would like to know what our City is doing to make sure that the
bicycles, by the hundreds, which are going out on those boats, are not the
same as the reports that we're writing on a daily basis. I would ask for
answers by that this afternoon, please.
Mayor Suarez: Thank you We're, otherwise, recessed until 2:00
• p.m. in the
`
hopes that we can get through the agenda of the afternoon before you have to
�y
leave, Commissioner.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:00- NOON .AND RECONVENED AT 2:06 P.M., WITH ALL
r
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE.
-------------------------- --------------------------------------------------
52. AUTHORIZE 'MANAGER TO EXECUTE AGREEMENT WITH INTERNATIONAL SOLUTIONS,'
x
INC. - TO:PROVIDE-A $15,000 LOAN AS SEED MONEY FOR INITIAL PROMOTION OF'>
$F
THE DATA '92'COMPUTER AND INFORMATION SYSTEMS SHOW !International Trade`'
('
Board budget)
,1j
------------------------------------------------ ----- -- -
-- -------------
Mayor Suarez: ...come to order. And I know that I've heard from at least two
Commissionersthat want to do something very quickly by way of emergency._
Commissioner Plumper: I've got, Mr. Mayor, actuallythree, but'only two are
ready, but two go with one. So let me give you the other one. On.'#
International Trade Board, Mr. Mayor, we would like to get the approval of the
130 December 5, 1991=
ti
}t$ z'd Y'r Tti 1 7
SF'
-,
i. .
14. n
-^n.^hV ._< z .• q5+aa ,Po,F & i0% -a,kx ,fit_
+r rrn� �n i r1 �n>a loan, ��e nni+ y of $15000.at 3` Odrdot"�
i y o
�
aribt,,�df. days the .Purpose Of providing for the initial 006tion oi'
Data,
$F:
109 Computer and Infomational Systems Show. Mr Mayor, we know that,
#rota the ' >yaupe'ri onto i s a good thing for this co rnuni ty , It has
h;
grown every year i We have more than adequate collateral to cover the loan
-
should any default occur. ' =
Mayor Suarez: Is that what brings the bearded fellow over there to...?
Commissioner Plummer: The what? -the beard...
r
Mayor Suarez: The bearded fellow over there. Is that what...
Commissioner Plummer: Yes, the bearded one. "Bigote." So I would...
Commissioner Dawkins: Move it.
Mayor Suarez: With the wet look and the beard, all right.
i
Commissioner Plummer: Yes.
i
'
Mayor Suarez: Thinner too
Commissioner Plummer: Yes.-
Mayor Suarez: Moved to the extreme. Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion?" If not, please call-' the, roll.
You're guaranteeing it, -of course? - personal guarantee.
Commissioner Plummer: Yes, I'm personally guaranteeing that they will, pay.
Mayor Suarez: Thank you. All right. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-902
A `RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER``
to
=
INTO AN: AGREEMENT, IN:`A FORM ACCEPTABLE` TO JHE.CITY
ATTORNEY, WITH "INTERNATIONAL• SOLUTIONS, INC. TO,
PROVIDE A' '' LOAN IN THE AMOUNT " OF� , $15,000 AT' THREE'. "
PERCENT'(3%)'INtEREST FOR A''PERIOD OF 90:DAYS,'FOR'.THE`
PURPOSE OF PROVIDING "SEED MONEY" FOR >THE- 'INITIAL
PROMOTION OF THE DATA '92 COMPUTER• - AND' INFORMATION
SYSTEMS SHOW,- ALLOCATING < SAID LOAN FROM THE
-INTERNATIONAL-TRADE; BOARD BUDGET.-
e
(Herefollows body of resolution, omitted here and on
T
file in the Office of the City Clerk.)
4 r
'n
131 December 5', 1991
? Y
tt r
'resulted fr am
t r ►
iaft bc�y Afr 0. Ah i'
F :t
a
+ ,z
b
�;,►rael�+ey� Prior 60eration, yes,
� S
}
Mayoruorea Ah.
Zvi
Vice Mayor Mongol. Yes.
Mr, Bailey: And we just would like to..
Mayor Suarez: How restrictive is the restriction?
Mr, Odio: You cannot...
Mayor=.Suarez: How bad is it? -in case we later have... I don't want to be
embarrassed by...,
Mr. Odio: Art told me that... we're working with them, and...
Mayor Suarez: But, I mean, what does it say? What does the restriction say?
You"cannot use...
Mr. Odio: You cannot run first -run movies, period.
Mayor'.Suarez: Cannot run first -run movies. And you think that they would
lift that if it came into public hands?
Mr. Bailey: The discussion has been favorable with that.
Mr. Odio: No, they will do that if... we are cooperating with them in another
venture over here. You understand my meaning.
Commissioner Plummer: Wait a minute now. Let's get all the strings on. top of
the table.
Mr. Bailey: I don't have that quid pro quo. My discussion with them is that.
when,it;gets into public hands,:they,would-have less of 'a problem removing the,
j restriction, because we don't intend to get...
Commissioner Plummer:- Well, but let's find out what this hidden agenda is..
`
w
' Mr. Bailey:;' It';s.: not .a',hidden that's just discussion...
,agenda,
Commissioner Plumer: What's.;the ,provision? . if .you .do ,for what?
Mayor;Suarez: Tit: for tat.
s Comm ssi ones' P1 umner: What i S. it?
v�
Mr.. Odio; rHe-wants.us to.help_out on parking - Mr.;Hirtz, Art Hirtz.
Commissioner Plummer: Wants ,us to help:.out on parking.
fi
133 December' 99
x_
i ` Fi7
24
odioi ,when they do the expansion in the o Uarii in that we
tdyi
ifs ti��iy}ii R : don l t . set any problem i h°:1 toby tte way * that they ceh
{a`
' 's,, t,
D a.P eking irl` tN`e MarinefItadium-at a. thttgt.W..somethings...
Camn►isaioner P1uMer: Now much are we going to make'out of it?
Mr, Odio: `i have no idea.
commissioner Plummer: the hell you'say.
Mr.-Odio: We are not that far into negotiations because he's three or foiur
years away before he can have his project finished.
Mayor Suarez: I guess the Commission is saying, do not go too far into those
negotiations without reporting to the Commission, and this may not be the
appropriate moment.
Mr. Odio; I don't plan to, but...
Mayor Suarez: And do not link one item with the other, I mean.
Commissioner Dawkins: You know, but what gets me is, you got two members of
the administration don't know what the hell is happening. You got Mr. Bailey
up here...
Mr. Bailey: I know what's happening.
Commissioner Dawkins: ...saying what he's doing, and then you got the Manager
who short stops Mr. Bailey and tell Mr. Bailey, oops, there's another part to
this:-1 mean', what are you all two. doing?
Mr. Bailey: No. `I'm -the one...
Mr.`Odio:-1 Mr.' -Bailey knows what's happening.
Commissioner Dawkins: Huh?
Mr. Bailey:. Let -me explain it to.your first...
_
Commissioner 'Dawkins: Say- what,, Mr. - Manager? ; Hold its hold i t l : Say. what,
Mr. Manager?
Mr. Odio: He -knows about this.
_
Commissioner Dawkins: <'Well, why in the hell didn't he say it?
4
Mr, Bailey: Well, no, I will say what' I want to say based on my
•
understanding. the Manager has his opinion, and think the Manager,- has .a
right to,make... -
Commissioner Dawkins: Now, that's what I'm trying to say.
Mr. Bailey: In our opinion... first of all, the Wometco people, Mr. Hirtz.
'
and we've talked to Roger Carlton, they fully understand that any kind of
134 December'59 1991
a
77
consideration regarding the use of the MarineStadium is a competitive bid
x
rdess and they're willing to go through that for Whatever ddnsideration
bz
they waht. And'that is the Way the situation stands. in my discussion with
theta, I told' them` point blank, vie're not trading. We're going to -`ask to have
the deed restriction removed, and whatever consideration you think you should
get for that, then you should present it, but so far the quid pro quo, that's
not part of my discussion. The legislation that we have here present at the
y:
City would not give them any advantage in the first place. Because if they
use the'Marine Stadium, they have to bid on it and they understand that.
F
Mayor Suarez: Are you saying that given the good faith between the patties
and the relationship between the parties, that even though we would love to
have this restriction removed in advance of the transfer, it's worth taking a
risk to go ahead and acquire it...
Mr. Bailey: Yes.
F
Mayor Suarez: ...and hope to... this is a restriction only applied to first -
run movies? I mean theoretically we could always do second...
s
Mr. Bailey: The discussion was, we would not be running first -run movies.
It's for Spanish language type films or cultural type films that's prevalent
to the Spanish community's use.
Commissioner Plummer: What are we going to do with it?
Mr. Bailey: The Tower Theater is a part of the whole Latin Quarter
-
development. This is part of what...
-_
Commissioner Plummer: What are we going to do with it?-
Mr Bailey: With the theater?
Commissioner Plummer: That's what we're talking about.
f
-
Mr. Bailey: Once we get a...
Mayor Suarez: We've indicated movie theaters are a preference...
Mr. Bailey: We're going to put it into use for other cultural events for the
community.
Commissioner Plummer: For what?
Mayor Suarez: And wait, wait, wait, because... wait, wait, Herb. J.L.,
you've said, on'the record, and I think you've gotten a consensus of this
Commission, that we would like to have the ability to have this as a regular
=
old "movie theater with also the cultural activities and the plays and
everything else. And that includes the ability to show first -run movies. So,
this is a concern. Now...
Commissioner Plummer: That's why I'm asking the questions.
e
Mr. Bailey: Spanish language...
s
1
135 December b, 11
Y
I
aybrur�ez: Maybe as a"seoondary possibility, or one that wehae madr�o���k
fir
{
falla position is _the word, Maybe We wouldn!t be able to ahow.
got
lifted or maybeg
f'ovies
if we couldn't get the deed restriction
,..
invalidated in court6 i want to tell.".
r..gaile it's not a...'What he's really doesn't Want is to have another„
M y first -run domestic type new
competing theater that's going to compete with the
n
movies that come out.
Mayor Suarez: Where is the closest one that he's got to there that Wometco
has?
vice Mayor Alonso: They don't have...
Mr. Bailey: They don't have any.
Mayor Suarez; They'd have a tough time constitutionally enforcing tha,r
Mr. Bailey: Well', you got a restriction in the transfer, and that does have
to have a problem getting the
some legal binding. I don't believe we're going
consideration. The Manager has had discussion with them. I've had several
discussions with them, and they do understand that there is a lot of...
Mayor Suarez: OK. And the worst case scenario is what the Commissioners, you
that we would not be able to show
know, concerned about, and validly so,
first-run moviesabsent some sort of exchange of :consideration with them.
And then the fallback position is, anything but first -run movies. But we're
it a, movie theater at least
not giving up in any way the idea of having as
part of the time.
Commissioner Plummer: Let me ask a question. What do your appraisals show?
Mr. Jack Luft: Appraisals show that the -land alone is worth$290,000...
$270000.
CommissionerPlummer:It's not my question. How much are the appraisals?
Two ninety for the land...
Mr. Luft: The appraisals are for the building and the land are between three
and fifteen thousand dollars, high
hundred and twenty-five and four hundred
and low.
Commissioner Plummer: There is a $90,000 difference between two appraisals?
-Mr. Luft: That's -correct..
commissioner Plummer: We got bad appraisers. No, I'm telling you.
Mr. Luft: That's°what Lanny Toledo said, and `we redid it. And...
Commissioner -Plummer: Ninety thousand dollars between two appraisals.
Something is wrong.
136 December 5, 1991
Al We11, : bel i eVe that; One, the re�►sons: was- C�fli� Vf t thelit
r
t
t�es►i thought that' the - bui ldi q was not going to be used and : they. took the,
,
pride .pig the land . rather' than , the,, enti re property With: the .structure that �,
a
Mr'. 101:1. Basically the- tow appraiser assumed the building was a write,off
atld' :knock down. .The high appraisal � assumed that it would be used wa 1atin,
`E?
Commissioner Plummer: Well, how did you instruct the appraisers to appraise
it?
Mr.- Luft: We instructed them as we always do to appraise -i t according to fair
market value according to the zoning for what a comparable land sale amounts
to.
Commissioner{ PIummert And where did they get these cockamamy ideas that they
came. up with that there's two. appraisals $90,000 apart? Almost 25%, 28%
difference. Something is wrong. Did they come out $90,000 difference? I
could accept 159 20,'25 thousand dollars difference.
Mr.'Bailey: It's not $90,000 difference.
Commissioner Plummer: Excuse me. Between three twenty-five and four fifteen,
in my book, is $90,000.
Mr.'Bailey:It is $90,000 arithmetically, but in terms of what they appraise,
it is not $90,000 difference. In one, you have appraised the value of the
improvements, and one you have not. If you have comparable appraisals, with
both appraising the value, the improvement of land, you will have ,them very
close together.
Commissioner Plummer: Mr. Bailey. We are not appraising predicated on
improvements. - .We' are appraising on the value of land and building that exists
there today. That's all we're buying.
Mr. Bailey: Well, what... the one...
Commissioner Plummer: We're not buying future improvements or what could be..
Mrl. Bailey:, That's not what.I'm saying.
=
Commissioner,,-PIummer:..That's why we're that far apart.
Mr. , Bai ley: No,' -we're not. You're not .11 stening to me here .now. I : would
like -to try to explain it a little clearer.'
Commissioner Plummer: Please.
1
Mr.,Ba11ey: The numbers you are using are not comparable.,
#
Commissioner Plummer: I'm using his numbers..
i
k
_
137 December 5, 19I
Ot galley! No, but the numbers that you have that have sortie technical basis
for
r
thft, one includes the building and one does not. They were appraisals
that were gotten for other reasons. This is fair market value based on land
and building. It is not $§OtO'00 apart, On the other one where you haftel
difference in the amount, is the building was not considered, and that's going
to be a request that will be made by the person who is requesting the
appraisal. >We have a concern about the building and land. That's the number.
we're using.
Commissioner Plummer: You know why the Tower Theater closed? Because it was
losing money. And now we're going to buy it to lose more money. What...
Vice Mayor Alortso: No, we are buying it to improve the area.
Commissioner Plummer: Well, excuse me, I don't disagree with that, if you use
it for maybe a different purpose. But now we're being told we can't run
first-rate movies in the thing. What is it they're asking that they've
reduced now $150000? What's their asking price?
Mr. Luft: Three hundred and fifty-three thousand dollars.
Mayor Suarez: There is a ....
Commissioner Plummer: Now, let me... excuse me...
Mayor Suarez: ...governmental purpose now. As of this acquisition, the
governmental subsidy too. I mean, if it wasn't making money before, I mean,
the idea...
Commissioner Plummer: Where is the subsidy coming from?
Mayor Suarez: We're buying it.
Commissioner Plummer: Oh, that's the subsidy. Second question...
Mr. Manuel Gonzalez-Goenaga: From the taxpayers.
Mayor Suarez: Please.
Commissioner Plummer: ...what has been done to .consider the cost of
renovating and bringing it up to a first-class that is code acceptable?
!
f _
-Mr. Luft: To repair...
Commissioner "Plummer: I said renovate and bring it up to acceptable code
standards.
.,
Mr.-.Luft:. Sixty thousand dollars.
s
Commissioner Plummer: You are -completely out.of your mind.
Mr. Luft: Now, you didn't ask me... Commissioner, you didn't ask.me..^,
Commissioner Plummer: Don't play games with me.
s
-
138 December 5, 1991
i
Curtains?
11
__ _ _�,— _ ..;z. .._�:__..:. .:._e..r.zm. •oxwx sxx�»sr._:_�Y.tit•
Mrs LOU ConMissioner, our concept for the development of the two parcels,
t
t]hci Tower, plus the one across the street, includes 126 total spades of which
t
36 mould be evaileble for public parking for the theater,
Commissioner Plummer: Thirty-five.`_
Mr. Luft. That's right.
Commissioner Plummer: How many seats would you propose in there?
-
Mr. Luft: It would have to depend on how we laid it out.
Mayor Suarez: Roughly...
Mr. Luft: With the stage and with a small cafe perhaps in front, 1 think
somewhere between ISO to 200 seats is reasonable for a small theater.
Commissioner Plummer: And 35 parking spaces. You know, a million dollars for
that theater'.We bought... what did we pay for El Pub Restaurant?
Mr. Luft: The Off Street Parking Authority paid a million three.
Commissioner Plummer: A million three. And this has gone before the Latin
Quarter Board? And they understand...
Mr. Luft: Yes.
-
Commissioner Plummer: ...that this million dollars is going to come from
those funds that are left to acquire property to put in that oversized 7-11.
Mayor Suarez: Which Latin Quarter Board? You're talking about the Latin
Quarter...
Commissioner Plummer: Well, whichever one of them are always come here and
scream all the time?
Mayor Suarez: ...Advisory Board, the Architectural Board? I don't think they
do...
Vice Mayor'Alonso: Why should it go in front of anyone? It's a decision of
this Commission whether it goes or not.
Mayor Suarez: We've decided this.
Commissioner Plummer: No, no, no. We appointed a Latin Quarter Board, and .
I'm assuming that they have comments to make.
u-
Mayor Suarez: Well, on the architectural character.
Vice Mayor Alonso:-- Let me tell you something, as a<member of,this Commission',
�t
i= have never understood that we were passing powers to this organization or.
v
anyone else.
141 December 5, 1991
e
_
.YysY.i�b
i
'yP
camissiener Plummet, exouse met no; no, no.
Vice keyor Alonso: And I will never pass my responsibility as a Commissioner
tit~Any a6f these board"S4 i
Mayor Suarez: Yes, traditionally they haven't gotten into that. 'hey..*
Corrmistionor Plummer: It was not... Miriam, it was not powers, I'm asking
it!ss�
Mayor Suarez: It's an advisory board on architectural norms, not...
�3
Vice Mayor Alonso: As a matter of fact, I think what they do is interfere
with the development of the area more than anything and so I... if I.had the
impression that they had to make decisions also on what we buy and what we
don't...
Commissioner Plummer: No.
Vice Mayor Alonso: ...I think we are in terrible shape in the area and 1t
will never develop.
Mayor ,Suarez: Yes, they only contribute to the extent that they... the
maintaining a character of...
Commissioner Plummer: They recommend, that's all.
Mayor Suarez: Right.
Commissioner Plummer: That's all. I'm asking...
Mayor Suarez: But sometimes I wonder if that even contributes.
Vice ,Mayor Alonso: And they make the people go through an exercise in
futility and expend the time and create problems...
Mayor Suarez: Yes.. -It might very well be the effect...
Vice :.Mayor Alonso: ...and then the people say, I'm fed up, I go somewhere
else where I can make money.
Commissioner Plummer: ;We11, they're the. ones that go to the press: and.,
criticize.
Mayor,;Suarez: We.can always disband them.
Vice Mayor;;Alonso: That's a nice thought..
Mayor Suarez: We can always disband it.
Commissioner, Plummer: How many days a year are the..Artime Center; being
used? -the auditorium? Excuse me?
142 December 5, 199
~
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al bi p s'r
Mr. Antonio Linso: We're averaging three and -a -half days per w-eek of usage
in .'I 9 0 - 9 1 s i r i "three pointti.
Commissioner Plvmmeri. Threesv you're talking then you have 160 days of play,
at, 180 Aays of tie ups
'
ps
Mr. L xaso: Of play,
r
{
Commissioner PIurmier: Of play. That doesn't include set up and tear down.
Mr. Lizaso: No, sir.
Commissioner Plummer: May I see the schedule that was for last year? No, no
not you can bring it to me. Where is the money going to come to operate this
facility, and who's going to operate it?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Hello? Anybody home?
Mr. Luft: The operation of the theater would be a proposal process where we
would seek proposals from legitimate theater and performance and cinema
operators to come in on at least a break even basis.
Commissioner Plummer: Hey, I just got to express my opinion. I think we
would be much better off, I think this is an unbelievable price to pay for,a
building that's falling down.
Mr. Luft: The building is structurally sound. The interior mechanical
systems need to be replaced.
Commissioner Plummer: Everything in it needs to be replaced.
Mr. Luft: That's true.
Commissioner Plummer: The only thing you got is a few damn bricks there that
are holding it together. How long it's been vacant?
Mr. Luft: Seven years.
Commissioner Plummer: Seven years. And it is an absolute disaster to pay
-three., hundred _and fifty-three ,thou... what's the size of that piece of
property?
Mr. Luft: Ten thousand square feet.
t
Commissioner Plummer: I just... I'm sorry, I can't see spending a million
dollars, before you're finished, to open the doors for that piece of property.
d Y ZUh,l,'A}rrA'`t„}j`'l
Commissioner Plummer: Boy, I`agree with that.
Vice' Mayor Alonsoi And if we do that, then I 'don't know what's 'going to be
the future of that corner6 Let's not talk any more about Latin Quarter :and
that we want to develop the area. Let's not talk about any more about
improving the area because we are defeating the purpose of what we've been
saying for over ten or fifteen years about Latin Quarter. this is the Onis
ingredient that will bring the possibility of something happening across the
street. This will be the one ingredient that will make the rest of the
y
business people in the area saying we have some hope for the area. It will be
the one thing that will trigger the people across the street from not
abandoning the property. It will be the one thing that will make the tenant
y_
next door also acquire the property next to it that has been vacant for three
-
years, and expanding. And it will be the message that we send, yes, we do
care about that area, or we are going to sit and wait and maybe time either
will kill Little Havana or something will come from the sky and drop in the
middle of 8th Street.
Commissioner Plummer: Well, let me tell you my position. My position is, you
could get another property and build a brand new first class theater in that
area.
Vice Mayor Alonso: In that corner? In that....?
Commissioner Plummer:r You are going in... it's going to cost you more money,
for all practical purposes'r to tear that damn building down is what 'you're
doing, to rebuild to go to a million dollars. Now, you know, I got to say
this to you, no one has supported the Latin Quarter more - and I think every
vote on this board has basically been unanimous - but it comes now to the
point... there's how much money left in that fund? -a million three?
Mr. Luft: A million three.
Commissioner -Plummer: >'A million three. And you're going to use a million
dollars of that money leaving $300,000...
Mr. Luft: No, it's...
Vice Mayor-Alonso: Also, there is money available that we can go after...
Mr. Luft: There's a million seven.
1
Commissioner Plummer: A million seven?
Vice Mayor Alonso:- ...repair the property.
:t
Mr. Luft: I'm subtracting the money for the Tower Theater.
Vice Mayor Alonso:- Monies that are available for other projects, and 'we
cannot guarantee to you, they cannot guarantee to you, no one can at this:
time. But 'I'm sure we will be able to get enough funds as to be able to get
grant or monies coming from other cultural facilities to refurbish the
building.
s,
144 December 5, 1991
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Commissionew plumnert Well, Miriamo I expressed to you this morning, and I'll
express 1t again, and then I'll shut up. I think that there has been a point
' where'we'have reached that we;are over faellitized. We have facilities that
k
everyone of them are requiring subsidy. Now, and the reason for that is, is
they're not all being fully utilized. And I just reach a point where we have
$900400 at the Artime Center. We have $200,000 in the Dinner Key Auditorium.
We have the Knight Center of which we're paying almost $3,0009000 a year. All
of these things that we're coming up with that is subsidy, subsidy, subsidy,
and the facilities aren't being used.
Vice .Mayor Alonso., Commissioner, with all due respect to you, I resent that
when the time for Little Havana arrives, we talk about this. When we see
t
things happening in Coconut Grove, and we give money there, we say, yes, -and
ti
now is the time for that area, a very vital area for the City of Miami. And I
think that Little Havana also deserves the opportunity to improve. It will
never happen in Little Havana or Latin Quarter if we don't take a step and fix
that property. And if this Commission doesn't want to do it, it's fine with
r
me. But I'm telling you, I know the area. I have been involved in this
' process for over 15 years. I know the area, I live a few blocks from there.
I talk to the merchants, I talk to the people. They are fed up. They believe
that we don't want to give them a chance, and this is the one opportunity. If
this happens, I trust that across the street, something will come. But if
this time we say, no again to this area, I'm afraid that we might as well
forget. And don't talk any more about Latin Quarter, because it will be a
farce. Don't talk about thinking of improving the area of Little Havana
because we are saying one thing, and doing differently. I would like to move
at this time that we approve this contract. If we don't have the votes, fine.
But really, I believe very strongly that we have to have faith in that area,
and give also a chance to Little. Havana like we do in other areas. Let them
give an opportunity and go forward and take a chance. And if we have to bring
money into that area, yes, it has to be done. And we have to justify that
it's worth that. The people of that area also deserve the attention. And
we'.ve_been very quiet for a long time, but I think it's about time. And
perhaps the people that live in the area don't know how to work within the
system the same waythat other areas. But I think it's about time someone
come forward. I'm going to move, Mr. Mayor, that we approve this contract as
presented to us..
Mayor Suarez: So moved.
Mr. Gonzalez-Goenaga: Could I say something?'
d=
Mayor Suarez: No, sir.
Mr. Gonzalez-Goenaga: Excuse me.
Commissioner Plummer: Just for the record, if I may clarifyit.
1 y It's time
that we spent money in that.area.
p y We have .spent. approximately, according to
;
the Manager, three and -a -half million dollars.
Vice Mayor Alonso: Where?
Commissioner Plummer: Mr. Manager, you...
{
145 December 5, 1991
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V C 4May6r Al l�ihere�
Conrni eeioner ° pl umer'.. you justi fy your numbers.
ire Mayor Alonsot`ell me.
Commissioner Plummer: Justify your numbers
Vice Mayor Alonso: Ok, give me the numbers.
Mr. Luft: We completely rebuilt all the brick sidewalks and streets.
We
rebuff l t...
Vine Mayor Alonso: Ha, ha, hat Don't make me laugh nowl
Mayor Suarez: Ohhhhh, that's not the best example to give.
Mrs Luft: .*.we built Domino...`
Vice Mayor Alonso: Don't make me laugh now.
Mayor Suarez: That's not a real good example.
Mr. LOU Domino Park. You know...,
Mayor°Suarn That's not a real good example, Jack.
Mr: Luft: Not in facilities. Not in buildings, but we have spent money on
the Artime Center. We have put in public infrastructure.
Commissioner Plummer: I didn't say what we spent it on.
Commissioner Dawkins: Mr.Mayor...
14
Yi'c'-'.Mayor Alonso: Didn't we get.a grant?
Mr. Luft: Because we don't own land other than the parks and the Artime
Center; ;there's no...
Commissioner Plummer: How much have we paid for.land so far?
Mr:: Luft; = We : do. i t for-'str. -streets , Pardon?
Commissioner Plummer:. How much have wepaid-for band so far?
Mr. Luft: Across the street, paid $30 a square foot.
Commissioner Plummer: How much? Is that a million dollars?
Mayor Suarez:' �He answered it before: It was one point something.
Vice`Mayor,'Alonso;-Off,Street�'Parking�Authority acquired the OropertY#1
146 December`5. 1991 .
;.
a
Mr t Luft: One point anti million dollars with tleeranca eosts*
�r
SiYt
Doftis9ioner Plumm ' Right. MiriaMt I hope you don't misunderstand the.
F
Meyor Suaret: I think the motion has been made.66
Commissioner Dawkins: Second, I'm going to second it.
Mayor Suarez: ...I think Commissioner Dawkins wanted to second the motion.'
Commissioner Dawkins: Under discussion.
Mayor Suarez: And then we go back to Commissioner Plummer. Go ahead,
x
Commissioner Dawkins.
Commissioner Plummer: Sure, go ahead.
Commissioner Dawkins: Sixty-second Street, 36th Street and S.W. Sth Street.
Every, one in the City of Miami appears to have forgotten that they exist.
=«
Even Flagler Street. And we constantly sit up here...
Commissioner Plummer: Where's the money going?
Commissioner Dawkins: ...and say that we've got to do some things to help
revitalize these areas. And people are constantly moving out'of buildings and
businesses in this area. I agree with J.L. Plummer that perhaps'. a new
building should be built for a milliondollars. -I have no problem with that.
But you can't build,the building for a million dollars, if you don't own the
land. So, therefore, I'm going to second the motion.
Mayor Suarez: Moved and seconded. Any further comment, Commissioner?
'
Commissioner Plummer: Just my comments, Mr. Mayor. I,believewith a million
seven left, that we could better spend a million dollars of that money for
something` else in that community which the money is committed to, than a
million dollars for a theater that may or may not make it. That's just my
.
comments. -_
Mayor Suarez: This matter has been debated amply in public hearings before,
Mr.,:.-, Gonzalez=Goenaga. Please have ; a .seat, . sir. This- :is not up ;for' public,
hearing.. There is nothing`...
Commissioner Dawkins:' It's a.pocket,item;anyway, Mr. Mayor.
Mayor Suarez: .:Yes. And all we're: doing is we're making a minor adjustment in
"=
a contractual...
Commissioner Plummer: Do I understand...
'
Mayor Suarez: ...obligation. We have debated this probably more than any
other single major project of..theCity of Miami.
Commissioner Plummer: Do I understand that the motion is that, in fact, thatYF;
it only -would be purchased if, in fact, the first -run stipulation were to be
5
removed?
r
147 December 50 199"
WIN j
.
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a ce for'Sura Apparently.
M,ror We t know that in adv n
tkt
ruares .can
to ha ve to try 6 that, but we can't be guaranteed thatb
eia
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issoner Pltlibe! to other Words, you're going to purchase the property►
Arid then hope you get that? Is that the maker...
Vice Mayor Alonsus Mr. Bailey. It is my understanding that we will be able
t
t6l show Spanish language fiIN Is that right?
v
Mr4 Bailey:' Were trying to get that permission, yes. I think we'll get it.
Vice Mayor Alohso: As it is agreed.
Mr. tufts We can show films there. It is the first -run issue and, in this
case, first -run Spanish,does not appear to be a problem.
Commissioner Plummer: And, for the record, there is no deal that has been
made that this sale is predicated on some other deal. For the record.
Mayor -Suarez: Right:
Mr.Bailey: 'Not'... no, we have not.
Mayor Suarez: Mr. City Attorney, while we pass this presumably, assuming it's
going 'to`have the three votes, would you look at the possibility which was
dismissed somewhat cursorily by staff, but would you look at it, of a possible
constitutional challenge to any prior...
Commissioner Plummer: Restraint of trade.
Mayor Suarez: Yes, restraint or alienation by... or, unfair competition. If
they don't even have a theater anywhere near this place, so that if...
�.
Vice Mayor Alonso: That's a good point.'
Mayor Suarez: ...we have some weapons in case Mr. Hirtz and company aren't
cooperating. All right?
Vice Mayor Alonsoi ;And ;the price` of 'the..`. the final purchase price is
$373,000. Is that right?
Commissioner. Plummer:` It's three f,ifty,-three:
Vice Mayor Al onso: ° How much _i s the , fi nal,, price? .
Mr. Luft: Three hundred and seventy,,three thousand:
Commissioner Plummer: We11, why did you. telI me three'.fifty-three?
Mr. Luft: I misspoke. I., meant ,to say three seventy-three,. The 'fifteen from
the three eighty-eight. Did I say three:...?
Mayor Suarez: All right.
'f
148 December 5, 1991
jmg
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onrni s dnerR pl nr ri ; l�iho 1 s th present mar of the prooerty?
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Art Lift: HPLT Corporation.
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4
Cotnmi ssi oner. Pl usmneW , And .who are they?
MP4 Luft-. It's a group of businessmen headed by Landy Toledo.
-
Commissioner Plummer.:dy who?
Mr6 Luft! Landy Toledo.
Commissioner Plummer: A local person?
Mr. Luft: That's what the LT is.
^ F
Commissioner Plummer: is that a local person?
Mr. Luft: Yes, sir.:
Commissioner Plummer: And who is the broker?
Mr. Luft: There is no broker. We've been dealing directly with the owner,
and their attorney, Fine Jacobson.
-;
Commissioner Plummer: And there's no brokerage fee involved.
Mr. Luft: No, sir.
Commissioner Plummer: Thank you.
Mayor Suarez: We have a motion and a second. Any further discussion?
If
not, please call the roll.
The following resolution was introduced by Commissioner Alonso,'who
moved'itsadoption:
RESOLUTION NO. 91-903
A RESOLUTION, WITH`ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT`
OF 'PURCHASE AND SALE, IN SUBSTANTIALLY THE 'ATTACHED
h
FORM, WITH HPLT CORP. FOR THE ACQUISITION OF THE TOWER
:F
THEATRE PROPERTY, LOCATED AT 1508 SOUTHWEST 8TH
STREET,--MIAMI, FLORIDA,. AND MORE PARTICULARLY'
DESCRIBED IN;THE ATTACHED EXHIBIT "A",'TO REDUCE THE
-PURCHASE PRICE OF SAID PROPERTY FROM THE ORIGINAL
PRICE OF $388,121,.AS APPROVED BY THE CITY COMMISSION
PURSUANT TO RESOLUTION NO. 91-635, ADOPTED`SEPTEMBER
11, 1991 TO-$373,121 AND TO PROVIDE THAT THE
tx '
:APPRAISALS OF THE PROPERTY MADE AT THE REQUEST OF HPLT
�&
CORP. BY SLACK AND COMPANYAND BY DELAHANTY`,AND
`
ASSOCIATES SHALL 'BE,PAID OR SATISFIED BY HPLT CORP.
PRIOR TO OR AT THE TIME OF CLOSING.
149 December 5,
1991 a�
15
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Ni r' follows body of resolution, omitted bee and on
il+� in the Offite Of the City Clerk.
Upon being seconded by CoMmissionnr bawkins,.the resolution was pasted
and adopted by ,the fallowing vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier'L. Suarez
NOES: Commissioner J b L Plummer, Jr.
ABSENT: Commissioner Victor De Yurre.
COMMENTS MADE DURING ROLL CALL:
Commissioner P.1ummer: For the reasons so stated.I have to vote no. Ithink
the money can be better spent.
COMMENTS MADE 'AFTER ROLL CALL:
Mayor Suarez: We're on personal appearances, item 31, Keep Dade,Beautiful.
Is that still pendingbefore- us?
Mr. Odio: it's withdrawn.
Commissioner Plummer: Withdrawni,
Mayor -Suarez: Item 32. Chairman of the Waterfront Board, John Brennan.
Commissioner Plummer: Yes, I took it. It's in my car. Mr. Mayor,'You might
want to state that item 31 has been withdrawn.
t
Commissioner Dawkins:., Thirty-three, 33 ..
Mayor.- Suarez: Item 31 has: been: withdrawn as has.., what are ,the other.°ones?'
r
Commissioner -Plummer: Forty-six and 47.'
j.
Commissioner Dawkins: Thirty-three.
Mayor Suarez: Thirty-three.,
Commissioner Plummer: And 38..
MayorSuarez: _ -
Thirty-eight And we're... Vice Mayor reminds me that we;have
..
�s
to :go, back to.- item:11, right?.
4
Vice Mayor Alonso: Yes. .
Mayor 1uarez: OKol
Commissioner Plummer: Regular agenda?
Vice Mayor Alonso: Yes.,
x ,w
150 December 5- '1991
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NOTE FOR THE: RECORd....,It was announced, that item 310
330-351 46, and 47 had boon withdrawn from the agenda,
d
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,': Y. ;;y�B
Sill DISCUSSION CONCERNING WATERFRONT BOARD ISSUES REQUEST MANAGER TO
PREPARE REPORT ON MONTY TRAINER RESTAURANT PARKING AND THE MEDINA
BUILDING (See label 57).
r
--------------- rrrwrrwY----rm.rrr.irr--------r-.r�i.irii.t.
Mayor Suarez: I was reading through your minutes, and I have an idea and
perhaps the rest of the Commission does too, John, of what brings you here.
But...
I
Commissioner Plummer: Oh, yes.
Mayor Suarez: ...why don't you quickly go through the items, and we'll try to
is
resolve as many and give as much indication to the Manager how to move on some
l
of them as we can.
!
Mr. John Brennan: Thank :you very much, Mr.,Mayor. For the record, John�.A.
Brennan, City of Miami's Waterfront Board. You have before you the front
sheet of the quit claim deed that the federal government gave to.the City - of
Miami: And- it says, in a nutshell, that the property was given into
f,
perpetuity; for parks and recreation for the City.
"
Commissioner Plummer: I don't know.
Mr.. Brennan: We have worked for probably three years :to get ,to 1. thi s1 stage:
The City._staff;has developed some'plans. We recognize that you .have a`parking
problem with the : restaurant < across the street. We still feel that the
property belongs rightly to the public and should be open to the`public,'and
not as; a,parking lot. And I'm going to leave it at that, Mr. Mayor. :And
thank you very,,,
Mayor. Suarez: Yes, we've had a contact, in fact, with the Secretary of the -
Interior. I don't think they find that the present use is In violation,
te1Chntca1ly.; But you're. right, that it wasn't necessarily supposed to look
#
hike a parking,lot, although it serves the recreational use of the ramp. -.The
handicapped program...
a
�.
Commissioner Plummer: Boxing.
Mayor -Suarez: ...the: Virrick Gym, which s boxing ~:essentially;,and, of
!
course, our Parks -and. Recreations employees that are there. So I, I mean, it
il
sort of comes probably within.that.. The `fact that it's also used Axtensivety
Jk"
by Monty ;:Trainer's and their stores next to it, I don't ;think, per se;
violates this. But I have suggested to at least one other member of the
board - and you know who I'm talking about, good old Frank Albritton -.'for
�.
7
151 December 59 19911
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MyseIfj-that 11, wouldn't Vnd reviving the idea, the possibility of charging
;P
'j
something for parking theme and returning back to the City a little bit of
money. I'm not... I wouldn't suggest doing it in a way that..r we can't do
fit:
:
A6 Du nn jonesf I11, 98q,; There's a prohibition on that, as I recall, when
,
we reviewed the documents. We can't charge anything for it.
Mayor Suarez: So we must provide... 1 mean, we can provide parking, but we
can't Charge for people who use parking That I have a hard time believing.
Anyhow, that's an off -the tuff, Ott -the -top -of -their -head legal opinion. So
maybe that avenue is foreclosed.
Commissioner Dawkins; Not necessarily, Mr. Mayor. Nothing says that we
cannot go to Off Street Parking and have Off Street Parking set up some
parking on it and give us the money.
Mayor Suarez: Well, I guess if we can't do it, they can't do it But maybe
i
there's a legal avenue to do it. And the other thing I suggested is if the
main possibility here is to have some kind of an outdoor... or the main
proposal is have an outdoor basketball court. Is that...?
i
Mr. Brennan: And some grass.
Mayor Suarez: And a little bit of landscaping, and something that.looks more
like a park. The basketball court, I think, what we ought to look at the
possibility of accommodating it inside. There's no indoor facility like that
f
anywhere close to this _ area, and there's not too manyr in. the City. I .think
the YMCA folks are going to try to fix up the one in Little Havana. But
maybe, Manager, if you would look at that possibility, that would...
Commissioner Plummer: The only other one close by is the school in the Grove.
1
Mayor Suarez: The school in the Grove. If you can get the school to allow
it. Remember they. had a club, before? Some kind of.membership, and they had
to.stop.doing that.So we can pursue all of•those things.
Mr. Brennan;. You do know that the plan that the City has worked-out:is a sort
'
of a compromise. They left 50 parking places for the_ restaurant, and Hof
course whether Manny Medina's property has... the Manager did stop thatfora
week or•so.
-'
Mayor Suarez: Yes, it was very effective in those negotiations, yes.
Mr.:Brennan: Right.'
Commissioner Plummer: More,than effective.
-
Mr. Brennan.- And that stopped it for a very brief period of time.. But...
Mayor. Suarez: .:To-. preclude their, use of it itmight-- be so effective thatif t
LAI
would'drive.them under. That's my guess. But I've said that...
y `
152 December 5, 1991
4
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Mr. Brennan: A d6n't like to pick on the next guy, but I don't feel it's our
responsibility tb support the next businessman. We help where we can, but.&,
4'
Mayor Buaren Well, we alto don't need to drive them under. I mean, if we t
had a batter use ofi t... By the way,.you're concerned also about the ramp
area, r�ight7 and that being improved 'rne board is? ;r
:Mr. Brennan: Well, the `entire park area would be partly coVered,'with grass-6
the ramp area would be included. We're looking at a piece at a time, if
necessary, and for a grant. za
Mayor Suarez: bk, because i think it would be easier to get this Commission
to approve the Manager beginningto look for funding, particularly by
application to the Department of interior, and all the other relevant F
agencies, to fix up the ramp area and to improve that for boaters.' Yes,
Commissioner.Dawkins.
Commissioner Dawkins: Can this Commission with three votes, vote to stop them
from parking there?
Mr. Brennan: You asking me?
Commissioner Dawkins: No, City Attorney.
Mr. Jones: Are you asking whether you can stop who from parking where?
Commissioner Dawkins The Monty Trainers can... with three votes of this
Commission, say that Monty'Trainer cannot use that land which was designated
as park for parking.
Mr. Jones: No, sir, and I'll tell you...
j Commissioner Dawkins: OK, why not?
Mr. Jones: OK, I'll tell you why, because the way the parking lot is situated
.and because of the deed restrictions, that it be used for recreational
purposes.` You've got a problem because if someone comes there... what happens
when.someone comes there who decides that he or she is there to use the
facility for recreational` purposes, and all of a sudden decides to go into not
only ,. Monty I s * but the .whole complex? The difficulty Is trying to enforce
that, and. more so, the larger issue is someone-` challenging that sort of
restriction.
1' Commissioner Dawkins: OK.. Could you take the part that's closest to Monty..x��
} tiz:
t
Trainer,,mark .it off and say that it is for boat trailersonlyrhere people
have put boats in the water and their trailers there until the boats back.
And that anything that's parked in 'there that's .not a boat trailer, 'b;e towed
away. .-Could you do that?
;y
Mr. Jones: I'd have to look at that. That may be a permissible restriction
that ;you. can impose, but the larger issue is, is that the whole area be kept
open `for the public. Because as it stands right now, I"don't 'think that there >`°t
VV
are any spaces that are marked "Monty's Parking Only" or whatever. It"s k
strictly...
153 December. 5,�4091
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.. 'MI :'i vl Gnlliin i N6, . we had & f
Commissioner Dawkins! No ohe.said that up here
clones: I'nr not suggesting that you did, Commissioner.
Commissioner Dawkins:. No, no one said that the parking was reserved for Monty
Trainer only. What we are saying.., no, wait a minute, let me rephrase than
What I!m seYing is, that .ever since I've been here, we have tried to get some
monetary value for the parking, and we get cut off at every instance, and
nobody has ever said from the Monty Trainers and corporation. I want to -make
sure that people know this is not Monty Trainers, because the paper will pick
it up in the morning and say Monty Trainer. OK? I mean, the company. Nobody
there has volunteered that they will pay the City anything for the use of the
land. .So somewhere along the lines, there got to be some.., somebody got to
be some give and take.
Mayor Suarez: OK.
Mr. Brennan: If I may...
Mayor Suarez: : Would you like any kind of a motion from us as to the ramps?
that's what Frank Albritton was indicating.
Mr.. Brennan: Anything that turns it back to the public, Mr. Mayor, would be':a
- step in the right: direction by our standards. This is what we're looking for.
We -think -it's public property.- We don't have any problem with that.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The City Attorney: just told us, Frank, we can't, do
that. Now, why are you going to stand up there and ask...
f
Mayor Suarez: No, no, as to seeking funds to try to improve...
Commissioner Dawkins: You can't turn it...
Mayor Suarez: ...the area, landscape it, and...
Commissioner Plummer: No, he's speaking to the ramp.
Commissioner Dawkins: You can't turn it back. He just said, you can't take
ia..
�>
Mr. Brennan: Mr. Dawkins, the Manager or someone was able to talk to Manny"
Medina- ,Remember. -when -the building was built, they added ten stories, so that.
would be, quote, unquote, public parking for Manny Medina. Now, this is,
GDC-:bui.lding.° And that,,lot was empty virtually, for a Tong period of time..
So somebody made a deal with somebody to get the people...
y
Commissioner -Dawkins: , I .don't .know about that.
,Fait
154 December 51 1991
S
r,
4i'2t aF S
2 1. +
Mr-4 Brentlan:: v .on a. day-to-iday basis* this is,.A and we re not l talking
.
about �.
h
Mayor Suarez: And, :by the ways we --can regulate that. I am sure we oan
Iagatly keep the people who are using the building from using that parking lot
as :their f reel idaily parking, commuter parking,
Mr. Brennan: that would..,
A
Mayor Suarez: I am sure we -can -do that.
Commissioner Plummer: Not without cutting it out completely, I don't think.
I think you got to stop everybody from parking. They're part of the public.
Mayor Suarez:' We -have an agreement that went with the rezoning of all of
South'Bayshore which was done for that building. And the agreement...
Commissioner Plummer: The agreement we...
Mayor Suarez: ...called for providing of certain number of parking spaces in
the building. And I .think our zoning powers are sufficient -to tell them,
you'vegot to provide for all of your employees your own parking. You can't
be using the space across the street. I am sure we can enforce that.
Commissioner Plummer: Mr. Mayor,_ I:think you will find that the record will
reveal that what we forced them to do was to leave open "X" number of spaces
of -that parking garage to the public. And that was one of the things that we
r;
forced them in as to the approval of that building.
Mayor Suarez: I think you're wrong about that. And I would ask the Manager
f
and the City Attorney to report back to this Commission, because I am pretty
sure we never - and I wasn't on the Commission at the time, but I've looked at
i!
this - we 'never, -the City.never guaranteed, nor would it, a particular use oi=
''
any: publit, parking area like, this.
Commissioner Plummer: No, no, no. I never said that.
Mayor Suarez: OK.
Comnissioner'Plummer: I'm saying, in the zoning application...
Mayor .Suarez: They were supposed tol actually..-.
-#
Comini s s i o n e r P1 umner: ...that parking 1 of had to: be, -1 eft.:.: so many spaces
; a
had to be left open to`the public.
Mayor Suarez: No. I'm sure that's not there.
{
Commissioner Plummer: OK.
ti
Mayor Suarez: We need a report back on that, and we need this administration`
s
to'be a-.Iot,more creative.on-this because the last time we had to be creative,'
$
we managed to put a wooden post across the entrance to than parking facility,
x
j
and-therebynegotiate with Manny Medina and Mr. Trainer and all the rest of
155 December 5,.1991?
i-LIV,
f
tit
vM.
5
a i
F
the group, somehow
nbw,
it turns
out that we
can't restrict the parking area
or' charge for 6t6,&
I know
we can
designate
more spaces for ramp users, a
Comissionet UAW
was
saying.
I know we
can designate more spaces for a
variety of recreational
purposes.
That's certainly within the contemplation
of, this ded A dif
e n the administration would work a little bit more
aggressively On this, I think it would be very helpful. I don't know how else
to Out it, 'folks, you know...
Mr. Brennan.- No, that's fine. All our job is to do is to advise. We would
like to see some grass there, and it's in the Commission's hands. I think...
Mayor Suarez: If you gave me the choice right now, I have to be frank with
you, of whether to put and tell this t0 Frank - to put grass there or keep
the existing use, I would stay with the existing use. However, if you could
get a little bit of money from the existing use by charging a little bit for
parking and then improve it, landscape it, make it look, at least to the
w.
extent possible, more like a park, 1 would also favor that, John.
Mr. Brennan: 'The plan that...
Mayor Suarez: I just don't want to give the impression that I would vote to,
you know, put grass all over that.
Mr. Brennan: No, no, no, the plan that we produced, I thought, was a
compromise. We left parking places...
Mayor Suarez: Right.
Mr. Brennan: ...some grass for the public. Even the people ;from the GDC
building could come down there and have their lunch on the grass in beautiful
sun...
Mayor Suarez:` And then you were told that there was no money to implement the
plan anyhow. So they're 'excuse,
confused as to whether we're using that as an
or we really just don't, you know...
Commissioner Plummer: Care. -
r
Mayor Suarez: ...
Y want to even apply .for any monies from the federal
government, from the parks trust, etcetera, etcetera. And I... if you want to
,
suggest to us in your next meeting the kind of resolution you would like from
this Commission that we try to improve the area, that we try to seek funds to
landscape and to make the ramp more accessible, more desirable, more usable -
maybe have more assigned parking for it - and maybe even have a little bit of
s
a circled off area to restrict other users. And I would vote favorably to all
of that.
Mr. Brennan: It will be done. Thank you very much.
Mayor Suarez: OK. Anything else? That's it?
Mr. Brennan: You know how tight time is.
Commissioner Plummer: For today.
=
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156 December 5, 1991
. ..: "�t13.#"'.�'�1FSvtk:_i1tiPA4v 6A `a1E-:r1t......a sir_.'.:.. ...+..�.�h'.x .. ..2a: 'G ':� �+.,i.., .....v. .psi'.. r..s Si .: .�xe,uxw.w»rnesa eu�.ni�avCAi�.wx�uni'�wx.',s:. _
_ [
k'
tip.-.
q^�+e+
��
INCH /LITTLE HAVANA CHILD CARE CENTER - $28,128 FOR IMPLEMENTATION OF
=
LEASEHOLD IMPROVEMENTS; (c) MIAMI BRIDGE, INC. - $49*457 TO -PURCHASE
BUILDING FIXTURES AT NEW SHELTER FOR HOMELESS YOUTH; AND (d) SOUTHWEST_
SOCIAL SERVICES, INC. - $64,800 FOR IMPROVEMENT AND EXPANSION OF
t
EXISTING SENIOR CENTER FACILITY (See label 25).
----....r---------rr:r.------------------ ------------------ -----------------
Mayor Suarez: Item 11, Vice Mayor. Is that related to the CDBG (Community
Development Block Grant) grant monies?
Vice Mayor Alonso: Yes, remember, we tabled in the morning.
Mayor Suarez: Southwest Social Services. We had tabled it.
Commissioner Plummer: Who had the questions? Frank, the questions were of
you.
Vice Mayor Alonso: Of the urgency that it had to be approved today.
Commissioner Plummer: Or thirty days. That was not the question to be asked.
The question to be asked and to resolve was, was 30 days going to be an
impact?
Vice Mayor Alonso: Oh, they need the money right away.
Commissioner Plummer: That was the question we're trying to resolve. As I
recall.
Mayor Suarez: I had no questions so I'm OK on this. I would be tempted to
-let you go ahead and make.your presentation, but I'm not concerned about it,
I'm ready to vote on the item. So if...
Vine Mayor Alonso: I'm ready to move.
Commissioner Plummer: Well, what...
Vice Mayor Alonso: But there were some questions. I believe Commissioner
Dawkins wanted to know if they need the money right away or 30 days.
Mayor Suarez: So whoever - right - Commissioner Dawkins or Plummer or...
Commissioner Plummer: No, I didn't have any questions.
Commissioner Dawkins: Wanted to know what now?
Commissioner Plummer: Item 11.
159 December 5, 1991
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1
Vice Mayor Alonso: Remember from the morning, and it was tabled rather than
postponing it to January because we felt that perhaps there was a serious need
-
and they couldn't wait until January. So we asked that they come back rather
than defer the item,
f Commissioner Dawkins: Ito, my only concern was then and now, is that there are =
other day care centers that need money. And I wanted to know how did they
plan to give money to St. Albans, the one in Wynwood, and the other area.
This has nothing to do with them. This is the administration, They don't
have to tell me nothing. I know them, I know the work they are doing.
Mayor Suarez Right.
3
Commissioner Dawkins: The administration is what I'm concerned about, is
money for other places who need it. And I'm not going to sit here arguing Al
with them having them think we're going to take some money to give somebody
else. I don't know why you all brought them down here to put us in that
predicament. Nobody's trying to take any money from them that has been
allocated. I want to know if... I want you to find money for the other places
Just like you found money for them. Now, that's my concern.
Mr. Frank Castaneda: Commissioners, this...
Vice Mayor Alonso: So maybe what we should do is move and approve their item
f and then you can provide the questions that the Commissioner had asked from
YOU. So I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Commissioner Plummer: That's to approve the item?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes.
Mayor Suarez: ...discussion? If not, please call the roll.
160
I
resolution was introduced by Comissioner
RESOLUTION NO. 91-904
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $166,999'OF
SEVENTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 108851
ADOPTED MAY g, 1901, AS FOLLOWS: $34,616 TO CATHOLIC
COMMUNITY SERVICES (CCS), INC./NOIRE DAME DAY CARE
CENTER FOR THE PURCHASE OF FIXTURES FOR THE DAY CARE
a
FACILITY; $28,126 TO THE CCS, INC./LITTLE HAVANA CHILD
CARE CENTER TO IMPLEMENT LEASEHOLD IMPROVEMENTS AT THE
_
CHILD CARE FACILITY; $49,457 TO MIAMI BRIDGE, INC. TO
,..
PURCHASE BUILDING FIXTURES AT THE AGENCY'S NEW SHELTER
FOR HOMELESS YOUTH; AND $54*800 TO SOUTHWEST SOCIAL
SERVICES, INC. FOR THE PHYSICAL IMPROVEMENT AND
EXPANSION OF THE AGENCY'S EXISTING SENIOR CENTER
FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE AFOREMENTIONED AGENCIES
SUBJECT TO THE CONDITIONS AND LIMITATIONS CONTAINED
HEREIN AND IN THE CITY CODE.
(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 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: Merry Christmas, yes.
Unidentified Speaker: Thank you. Merry Christmas
='r
COMMENTS MADE FOLLOWING ROLL CALL:
k
Commissioner Dawkins: Mr. Mayor.
h
Mayor Suarez: Yes.
r.
Commissioner Dawkins: OK, now, I'm going to tell you guys. When you start
z
parceling out this money next year, remember .the places that did not get any
money, and those who got it go to the bottom of the list.
161 December 5, 1991
t 1 K
1
a y
t
s - '
i►Yf.Y11.1 O1�ii..W
t
i` •'
iI.iYW/iiW..i WLiY�i�.iitiYP'iY11f11iJW Wi®ff1iW...tll Wlifl.t WlYYl.iYiiYil.Yiitii iii.YW WYiilii. iY �11ii1�YYiil+ii.ilf1ia111ik.iiYiiG I.IW ii Ir1Y.WYb..W
.= A) URGE CITY ATTORNEY TO FILE AN INTERLOCUTORY APPEAL TO RULING BY
JUDGE C, ,CLYDE ATKINSt IF NECESSARY, CONCERNING RELOCATION OF
.;
THE HOMELESS.
(B) INSTRUCT MANAGER THAT, IF JUDGE ATKINS RULES IN FAVOR OF CITY,
IT IS TO CONTINUE OUTREACH EFFORT OF VOLUNTARY RELOCATION AIJD
REFERRAL OF THE HOMELESS - CHANNEL FUNDS TO AGENCIES PROVIDING
SERVICES - INSTRUCT CITY ATTORNEY TO EXPLORE LEGAL RAMIFICATIONS
OF ENJOINING OTHER MUNICIPALITIES AND STATE OF FLORIDA TO
ADDRESS THEIR FAIR SHARE OF THE HOMELESS PROBLEM.
Ciiil.i.ii.Y.►w W."YwwYwfi�Yti43.---- DIIh—YY-----w.Y--------- .i'Laa------- -----wY.----r'rri.�Y.iiiw.i.w
Commissioner Plummer: Mr. Mayor, may I ask a question before the onslaught at
3:00 o'clock?
Mayor Suarez: Item thirty...
Commissioner Plummer: No, I'd like to ask... we were handed this thing...
Mayor Suarez: Yes, I'm sorry.
Commissioner Plummer: ...by the City Attorney on the homeless. Are we going
}
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to discuss that today?
Mr. Odio: We were not planning to. And we have to wait for the judge to rule
now on the injunction that was filed.
Vice Mayor Alonso: Well, since we have item 43, would we not?
Mr. Odio: You might want to... yes.
-
Vice Mayor Alonso: We will not discuss it...
Mr. Odio: I'd rather not discuss it today because the judge has to rule in
favor'Ior against the -injunction. I think that if they do rule against the
injunction,, at° -some point here we're going to have to appeal to somebody. -else,
because Jo ;tel.1.us that we cannot rebuild... well, let's not prejudge what
he's going to say, that's what I'm...
Mayor Suarez: This is not related to the...
Mr. Odio: At all.
Mayor; Suarez:':"...Naval Reserve? Don't anybody feel that...
ommi sioner.P1um er: Well, it's not directly related, but it's the homeless
Y
ituation overall.
t:
Mayor Suarez: Yes, in a.genericVsense.
Commissioner'Plumner: And I'm looking at stuff here that absolutely goes
-0k :againt,tlae=.grain. Now, the question is, what are we going to do about it?
S1
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162 December 5, 1991
i
Mr.i adios I would suggesi two things. 0% wait and see what the judge says.
If the judge rules in our favor, there's nothing else to do. If he doesn't,
then I think at that time, we have to...
Mayor SuereZ: ,.Well, wait, wait, wait. Let's go back. This is not exactly
being explained correctly. We are aggressively pursuing our approach.
They're trying to enjoin us. We're going to go before the judgeb The judge
Will rule. .We can do a variety of things including some of the things we're
doing that I don't want to say on the microphone. Then, if the judge rules
against us, then we can appeal. I have suggested to the City Attorney, and I
hope this Commission agrees with that, that we can take and appeal right then
and there, from that particular ruling - it's called an interlocutory appeal
and waste no more time in getting the appellate court, if he rules against us,
to tell the circuit court judge, you were wrong, the City has to be able to
secure certain properties, as long as we're providing which we are - other
places for them to go.
Commissioner Plummer: It doesn't have to be a place of housing.
Mayor Suarez: Right. Well, hopefully, we would be able to show the circuit
court and then the appellate court that we are, in fact, providing some
shelter not necessarily, you know, the Ritz -Carlton and not necessarily
exactly where they would like to go - but some shelter to everyone that is
trying to find... you know, otherwise, get under the expressways. But that is
not the ideal place. That is the worst place.
Commissioner Plummer: Well, I guess, you know, what are we doing with the
$300,000 that we demanded from the DDA and the Off -Street Parking?
Mr. Odio: That...
Commissioner Plummer: I don't want to spend any of that money until this
decision is made.
Mr. Odio: No, that's a good point. What we plan to do is that I was hoping
that the Commission would authorize us to proceed and join with.the.Countyl..s
money, and continue housing and rehabbing the people that were under the, _
expressway like we were before.
Commissioner Plummer: Mr. Manager, have you gone by the expressway recently?
Mr. Odio: I walk by there everyday.
y
Commissioner Plummer: Mr. Manager, what I saw there yesterday was worse than
Aft
what we had before you implemented this plan for $300,000.,
Mayor Suarez:- That's why we're trying to secure the area.
Mr. Odio: - Well, that's-what.we're trying...
Mayor.Suarez: At the same time, as people are...
163 December 5, 1991
77V
ir1M
6isioher piuk But I the first OC,COCI, far 1
�;
eri , moan, as as
��p►it�r�ted; �as�wae�ed
'Was
MrI Vdioa ;Nod it Was not, It -note It was not Wastedl We plat ed�►,
omm ' ginner' P.lur rn6r Where did it go?
Mr. ad o.° We placetl 413 people in beds and in rehab centers- and that's flot +�
:.,.
V�aste,'C�fCnon+ey, . _ ;. .;
Coftissioner-Plutm r Then I'm not aware of that. Is, in fact, those people
still in those facilities
Mayor Suarez: About 75 percent have remained.
Mr.�Odio: The -fact of. yes. Yes. The fact is, the program...
Commissioner Plummer: Where did all=the rest of them come from
Mr. Odio: Because there are 6,000 homelessoutthere, Commissioner. And we
deal:, with 4139 ' and, I keep ' saying, you know, they can come up with all the
plans in the world. The question on how you resolve the homeless problem is
with money. Money and money.
Mayor Suarez: What do you need in regards to following this up, or
accompanying this '_with the program to provide people 'facilities,:rehab';
shelters, and 'ultimately, private housing to some of them. Do you::need:a
resolution from this Commission to do that?
_
Mtn. Odio: � We11, once... I think that Commissioner Plummer- has a good °points
We°have`$500,000 now between the County and the money from DDA (Downtown
Development Authority) and Off Street that you obtained, to hold off -until `'we ,
get a -'reading from the judge.
Commissioner Plummer: When is that. due?
Mr. Odio: We hope that... we're asking for an emergency meeting, and. it
should -.be due'within;the week. I hope. Right, Quinn?
A ,Quihn'Jones,`III;' Esq.: Yes;'absolutely.- I mean...
Mr. Odio: OK..;_So, 'what Isaid, hold, off for a minute. What we're glad to ;do
E
,i continue now. The plan that we had is to go in there, offer them places,
the,- ehabs=and whatever, and fence the area immediately. -
Comni ssl oner Plummer: What'- about Lummus Park?
Mr. Odio: The same thing. We have now enough monies...
Commissioner Ptummer:` What about Bicentennial',Park?
Mr. Odio: No, wait, let me take one at a time. The plan was...
Commissioner; Plummer: What about Wainwright- Park?,,:
164 December 59 1991
l '
f
4
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Mri Odio; What:about downtown.Miami, I mean?
to
<
Commissioner Plummert Well,�that's what Ilm asking.
Ir..�Iidio:: OK�..-Weil, I -can address:.only what wewere--planningto do with the,
9
fire hundred thousand was to - move i t put the fence up, provide shel ter 10t
some;-,of those people, provide rehab for some of those people. And then fence
the area off completely, move into Lummus Park also. We have monies now to
rebuild that parki and we cannot rebuild the park, of course, unless we fence
it off and demolish the existing structures there. And now we have been
enJoinedi or tried to be enjoined not to be able to do that. So we have to
wait for a ruling...
Commissioner Plummer: What happens if on this week, since we don't meet again
until the 9th of January, the court rules against us?
Mr. Odio: I would suggest then that you instruct, at that point, the City
-
Attorney today.that we should appeal that.
Mayor Suarez: That, yes. I would not...
-
Commissioner Plummer: What I'm trying to do... I'm trying to make sure that
we don't sit around doing nothing.
Mayor Suarez: Yes, and I. would not recommend that we say that if the judge
rules against us, we abandon the effort. Because if we do, then it looks like
bad faith on our part. The whole idea is that we have responsibility to try
to help the people out, and by showing the judge that we're doing it, he's,
hopefully, going to let us reclaim the areas of the City where it makes least
i
sense; for them to be located in.
Commissioner Plummer: How much money has the County put up?
Mayor Suarez: And Commissioner Dawkins has got his hand up. He's had it now
for, couple of minutes. If we...
Mr..Odio:. -The County...
;.
E
i
- Mayor Suarez:: After that question,would you...
Mr..Odio: ,.;and in the first part...
Mayor Suarez: ...please yield.
h
t
-
Mr. Odio: ...put two -fifty. Now, two -fifty. That's five hundred thousand
that:_I:am :aware, of, plus the monies they are putting into Beckham Halt with.
'.
use
Commissioner Plummer: So, in other words, they've expended just about the
same:;amount;.as our City has.
Mr-o Odio: No, the County is spending on :the. homeless Issue, I believe from
their CDBG funds, about $7,000,000 a year, or something like that.
165 December 59 1991
+
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b 5 k
+rr�
P V
r Suar+ -i U*issioneir UAW*
PI to know where it's goitrg.
C rtrissiohar 'bawkips is this $300j00O that we re. dis+�ussing stow 'the:
$SOO,0bt� .we'r~e :going: toe discussing 'when you' talk about -the lease hale
agreement for- the shot ter'
C6mmi ssioner: Plummer:' The what?
Mr-, Odib: No, no. No,`no. The monies that hers talking aborat is the rr�onies
yOu told `the DDA4..
MayorSuarez: ODA and Off Street Parking.
Commissioner Plummer: And Off Street Parking.
Mr. Odio: ...to provide for the homeless programs.
Commissioner Dawkins: OK.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting'at'2:59 part.
Mr.°Odio _ The monies that they're coming to ask for, I think the DDA is going
f
to ask permission to use $30,000 of those funds to address a problem of
youur
teh" homeless in the area of Flagler Street. That's what I think they're
coming to propose.
Commissioner Plummer: Ten homeless.
Commissioner Dawkins: The three hundred thousand...
-they
Mr. Odio: Yes, want to deal with ten...
Commissioner,%Dawkins: The $300,000'that you're talking 'about with the'.judgs's:
order;` and thevwhen we come up here in a ' few. minutes to discuss the -. Coconut
Grove situation,°you say here a donation of'$300000 per"year for three years.'..
Are we talking about....
:
Mr. Odio: No, 'they're different.
Commissioner Dawkins: ...the same $300,000?
Mr. Odioi No, no it 1s not.
Commissioner Dawkins: OK, that's all I needed. Thank you.
ii
166 December 5, i991
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Mr's od10: It isnote
i
k
tJ
� s
J M j That hearing that you were talking
Mr. onset Mr. ayor, just to advise you.
about is".scheduled,for next Thursday morning at 8:30 before Judge Atkins.
1
Commissioners Plummer,. It might interest you that yesterday in front of the
sign that says, "City Ordinance Prohibits Windshield Cleaning," there were
niW` guys there; cltan i`ng windshields. So, you know, it's how much they
respect our ordinances. No, it's a joke. The poor lady behind me absolutely,
when'four`guys went at her car, was petrified.
rv' ,.x
Commissioner De Yurre: Hey, J.L., it's not how much they respect us, it's how
Much we enforce its
Commissioner Plummer: Incrediblet
Mayor Suarez: Can we get a motion, a resolution of support for the idea of
filing an interlocutory appeal if the ruling is against us? Do we even need
that, Quinn? Don't you understand that we expect you to enforce our rights
_
to...
Mr. Jones: Oh, yes... most assuredly. Whatever legal recourse that's deemed
appropriate, we'll take it.
Mayor Suarez: OK, so you don't need a resolution to that effect?
Mr. Jones: It would give more credence to our efforts, I suppose, but...
t<
Commissioner Plummer: My understanding of the policy of this Commission:was;
it's still the policy, that any time you lose in court, you automatically file
any appeal
Mayor.Suarez Right.
s
Commissioner Plummer: Is that correct?
i
Mr. Jones: Well, it depends. If this is not...
Commissioner Plummer: Until the next Commission meeting.
Mr. Jones:.: Well just hear me out, please, Commissioner. In instances where;
:F
in this case, it 'wouldn't be a final judgment as such, as the Mayor has
indicated. It would be in the nature, perhaps, an interlocutory appeal. We
- }
Would.'need direction from this Commission to proceed that route.
,a
Mayor Suarez: Do -you need that.in the form of a motion?
Mr. Jones: Yes, sir, please.
Mayor Suarez: All right, I'll entertain such a motion.
;s.
Vice Mayor Alonso: So move.
z
Mayor Suarez: Thank you.
F:
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167 December 5, 1991
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to issioner PIUMMer:-. Sadond...
"Mayor Suarez: Seconded: Any discussion?
3
'
Commissioner Da:.Yurre. Discussion,
Mayor Suarez: Yes, comtnissioner De Yurre.
Commissioner De Yurre: What, exactly, would the appeal entail? -or the
' f
results of that :situation entail?.
Mr. Jones. Without having',.or should I say, without knowing exactly how the
judge is ,going to rule in this instance, I really think it would be open ended
for me to sit here and surmise, Commissioner De Yurre.
Commissioner De Yurre: Let me ask you this. What is the, in your estimation, -
the worst case'scenario of the judge's ruling?
Mr. Jones: The worst case scenario would be that we appeal to the Eleventh
Circuit6 °The Eleventh Circuit affirms Judge Atkins' decision and...
Commissioner De Yurre: Which is? But, no, what I'm getting to the point is,;
=M
What isthedecsion that is being dealt with here?
Mr. Jones: Oh, OK. Let me ex...
e
Mayor Suarez: The worst case scenario would be for the judge to say that even'
tf
f
if -we're providing housing and shelter and -support and referrals to these
folks, that we still cannot oust them from any particular area under the
expressways or from 'inner -City park.
Mr. Jones: In :other words, business as usual.
Commissioner De .Yurre:" But then this have,to do...
Mr:.:;Odio: He. could...
Mayor:Suarez:We are in the"worst case scenario right``now actually. Yes.y`
r
Commissioner De Yurre: Didn!t this have to do with one particular instance?
that's why we.ended up: in'court?
Mr. Odio: No, no. What happened is, we went to the judge this past week
ask permission.... or, not; to. 'ask. permission, but; to inform;him:that we plan to'"
move people from under the expressway and to place a fence around that area,
and;. because we ;> recei ve monies to rebuia d Lummus :Park, = we needed :: to .fence the
3:
park°up.,!and demolish the buildings. Therefore,: we you I d;have to- remove those
u
people: that are living there,. and that's When.:.the ACLU (American Civil
w
Liberties'Union) moved in and enjoined us, or are trying to anyway. And the-
;.
worst thing that could happen is...
'
Mayor,Suarez: That's the -worst case scenario.
168 December 51, 1991
1
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t
�.
e ta' iottalk plu rners NOV know, i if you read this damn things it is ab taut ly
y►y
�Nay�-r -isuarat Just doneti i
Cd�rtniissioner' Plurt�er:.. Y:mean..
Mayor-5uarep " Wait till he rules, and then say that. Don't say it before he
rules. You know, he may not like to hear us say that at this point.
Mr. Jones: Of course...
Commissioner Plummer: No, no, no. I'm saying some of their reasons for the
injunction.
Mayor Suarez: I mean I... right.
Commissioner Plummer: For people living close together because on cold winter-.
nights emotional bondingprovides warmth.
-
Mayor Suarez: Look, the fact of the matter is that they don't have a
humanitarian..:.
Commissioner Dawkins: Does it do that? -
Commissioner Plummer: "Both locations facilitate close living ar..." I'm
reading from their paper.
-
Commissioner Dawkins:. That means he doesn't know.
Mr:,Odlo: The. only problem.is,;you deal with cold bodies all the -time, see.
i
commissioner Plummer: :"Both locations faci 11 tate cl ose 11 vi ng arrangements
i
which provide warmth against often cold Miami winter nights, and a basis for
the emotional bonding that is essential for these persons' survival..'
Commissioner Dawkins: Would you agree or disagree with that statement?
1
Commissioner Plummer: No, you know, somebody ought to publish this damn."
thing.' = The public ought to know what. they're asking, ; ,That, ::in ; fact,
-'
pecause:.:.l i sten to this one. ° !'The; pavement; provides, a 11 rm , sleepi ng; surface
which'_diminishes the incident of back disorders.° You laugh! Thus Ai -,the
,
court! It's not a laughing matter.'
Mayor'Suarez: That i.s an allegation by. the attorneys. ;
Commissioner Plummer: "Both. locations A provide paved areas • on,.whltch .wthe
homeless, persons, - sleep which ,help ward,;off disease,,:dampness�and bugs which
'
affl`ict the --dirt and grass: of. other -outdoor areas where tfie homel.es might,
sleep." I can't read from their document?
y,
_-Mayor,Suarez: Ail right., folks, -let us,.. have we..,;Madam City Clerk, have
we a motion to approve and...
169 December b,:,1991
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�����i����Yl�`,��.I,.■"Y��:
2+,��:�.::�n��y• { }.,.
� t��
gL#
6ono6ur&96 the; app#al pending? -the inter otu wy Oppear f
V1oe Mayor'►lenscs: Oh, don't read.'
b6ft nissiun�ner:' Oh, I can't read from their document?
Ms.. Hi rai t Yes,: Mr. Mayor,
Mr. Odin: Mr.Mayor, may I...
Mayor Suarez: Wait,,sir, we're trying to deal with a legal case ;that: we have
pending before us that's been :affecting us for many many months, and it's not
a public hearing.
Mr. Odio: Clarification
May.Suarez:: Yes.
Mr. Odio: The clarification then, if the judge rules in our favor, I am -to
proceed...
Commissioner De. Yurre: Don't appeal.,
Mrs Odio: -...and spend the... no. Thank you, Commissioner. That was very...
Mayor Suarez: Yes, you are to proceed, but that is not this motion. Let us
get this motion; out '�of the.way and passed, please.- Cal the roll on `the
motion to appeal if the judge rules against us on this effort to se.:.
Commissioner, Plummer: :Don't appeal.Wait till he .sends you a. bi.11: for that
legal opinion:
Commissioner De Yurre: Weil, discussion,, further discussion.
MayortSuarez: Yes,, Commissioner,De:Yurre..
Commissioner De Yurre;-. I :think that I, for my own vote, I would.like.to see.ko
what the decision... I'd hate to say automatically appeal, because it maybe
sometfiing tfiat_we can.,live with. And just because...
Mayor Suarez: He wants a general statement from this Commission. He
unlerstands that 'if our rights are -circumscribed the way I think the plaintiff
would Like it to be, that he aught to appeal any how. That's part of his.j'ob.
`j,You-
{-
i°mean know ,`: we need to do -that. But you're right. J. mean, conceivably:
the. -:decision would be such that there's'no need to appeal even though it'isn1
een{tirely favorable. And I think that's contemplated also by the motion. It's
Commis loner Plummer;; ' Why did we not appeal the first Injunction?
170 December 59 1991
ar
Mri Jones My understanding isiii Wally you have t0 understand the GOtltaXt ili
Which this laVsuit was brought, Waula
notwithstanding also What the Judga
Iriay rule with rxaspedt to this -,Particular motion, we still have the original,
niel~1ts of tha� original coii}plaint which emanated fPOM the intidents ih Lummusi
git6 tennial
e,
. �Tho merits- Of those still'` have -to be dealt with. So i +can only
t ll you'that'the'previous order issued by Judge Atkins, a
conscious decisloh
Which' I eras .hot privy to; was made not to appeal it. For whatever reason, I
do not know.
Mayor Suarez: Well, it wasn't a final judgement yet, and we...
Conrnissioner Plummer: That was an injunction.
Mayor Suarez: The case wasn't totally disposed of. But I think we should
have appealed. I think. If
we could.
Mr. Manuel Gonzalez-Goenaga: Could I in....
Mayor Suarez: No, sir, no, sirl please have a seat, Mr. Gonzalez.-Goenaga.
We'.re`discussing an 'extremely complicated issue affecting the City, and
you're
interrupting every five minutes. And
that. The next time he interru is you're not going to be allowed to do
p , remove
,
please him, officer. Have a seat',
sir. You're not recognized. All right, Commissioners, what do you want to do
with the
-
item? We have a motion and a second before us. And the Manager also
needs more indications on whether to proceed with the rest of the plan.
Commissioner De Yurre: You know, I have no problem giving leeway as far as
going ahead With `the appeal. But at least I'd like to
see what it is.
Mr. Odio: No, no. No, my questionwasn't on the appeal, Commissioner.
_
Mayor Suarez: No, no, that's the motion before us, Mr. Manager. On the
motion before us; it is a general statement that we
want to appeal. If :the
Judge tells us_ Commissioner, that we cannot restrict people from being under
the expressways
by fencing that in, and I think there's a couple of other
areas, given that we're going to implement
a plan of providing them
alternative -shelter, etcetera. If he still doesn't let us do it, we have to appeal:` 'But,
conceivably, the decision will come down in a way... why don't
you show it to the Commissioner? Make sure that
he's satisfied with it when
it happens. Do you want to...
Commissioner De Yurre: I'd
that... dust like it subject to let's go ahead with
Mayor Suarez: Yes, subject to review and...
Commissioner De Yurre: ... subject to we can review it, and within, you
know...
;!
Mayor Suarez: And if anyone wants to...
Commissioner De Yurre: No, but let me... appeals, you know, you got 30-days
to appeal...
r
171 December 5, 1991
11 WWW
{
M il�r a r .y es to the
plan and the ex endlture7
Can we pays a
.
tesolution allowing you to continue the implementation of the
program.'..
M � Ddio: Yee `
y
M&yorIuar6Z:' #A ..Of'reldcation,
referral, etcetera?
a
Me Odio:` If the judge rules in
our favor, then we are allowed to proceed:
Mayor Suarez: i frankly think you should do it in any event.
But if you want
to do it contingent on that... t
think we should do it in any
event.
y
4
Commissioner Plummer: I didn't ask him.
-
y
4
tommisiionerr` Dawkins: On top of that, J.L-., when they wrest them, and put
them . i n .the jai- i which we allow to be in our City, when they are released
from jail, they do not return back to Miami Beach where they were picked u
gal Harbour, Key Biscayne, or Coral Gables. They come out of the jail, walk
down the streets and go under the bridge. So until we instruct our police to
return -the favors when they..4, if they're nice enough to give then a free ride
over here to the City of Miami's limits, then we will return the favor and
ride them back to their limits.
Commissioner Plummer: That, of course, we can't do. Mr. City Attorney, is
there anything. legal we can do to make the remaining municipalities in this
County pick up their responsibility?
Mr. Jones: I'm not so sure, Mr. Plummer. We'll be glad to look into it. I
can't give you an answer just off-the-cuff. I really can't.
Commissioner Dawkins: J.L., you cannot do that. Because you cannot prove
that that individual is that municipality's responsibility.
-_
Commissioner Plummer: The only thing I can prove, my good colleague, is that
my taxpayers can't afford it.
Commissioner Dawkins: Not only your taxpayers, the people who have businesses
In your City cannot afford it.
Commissioner Plummer: Agreed.
Commissioner Dawkins: The visitors who come to our City cannot afford it.
Commissioner, Plummer: Agreed.
Commissioner Dawkins: And the Orange Bowl comes down here next week, we're
going to. be very unhappy
Commissioner. Plummer: This.prevents us even from cleaning out for"the Orange
Bowl.
'
Mayor Suarez: In the particular case of the motion before °us, it°would allow
us ;to indicate to the Manager that monies extracted from the Off Street
Parking Authority, which now all of a sudden, recognizes their responsibility
and,their,:interest in doing this right, and from the Downtown Development
Authority, which now recognizes their responsibility and their interest in
helping, these people to relocate, be treated, be housed, etcetera. And the
County, which now recognizes that responsibility, that those monies can be
spent to continue the. program, which has been very successful up < to now.
That's all the motion does.
Commissioner Plummer: But Mr...
Mayor. Suarez: Now, we should beyond that, go to the other cities, to the
Coral -Gables and. the Miami Beaches and etcetera, etcetera, that have been
�'
174 December 5 1991
t
r�
menti opted, and see i a) , they won't help a little bit more and b) , stop
tkin+� people and,,bringing then into the City of Miami, as we understand that
so'e have been Doing. And that is clearly something that the Manager has
already ccsntuntoatd, r know, to the City Manager of Miami Beach and
presumably will communicate in no uncertain terms to all the other cities. �f
we see that happening, I don't know what legal redress we can use, but we'll
find something to do.
Commissioner Plummer: But, Mr. Mayor... Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Our $500,Ob0 is but a drop in the bucket of the over
total overall plan. We are pumping this money in. We've had whatever we've
{.
spent - a half a million dollars prior - to move 400 of them out. Now we've
got 500 int Now, we're going to move another five...
Mayor ;Suarez: It was always expected that this cycle would have to be
followed probably a total of at least three times for a total of 1,500.
Frankly,, we,;need. now another half million to a million dollars to even think
that we have essentially solved the basic downtown problem. Assuming that
somehow we don't generate a magnet for ourselves in the entire rest of the
nation now.
Commissioner Plummer: Are you aware that it's snowing like crazy up north?
Mayor Suarez: Exactly.
Vice -Mayor Alonso: Indeed it is.
r
Mayor Suarez: So, if we do it and we do it nice and quietly, it will,
-
hopefully, have an effect. Now, in the meantime, we have to deal with the
- judge, -and we've done that with the prior motion. Hopefully, we can continue
battling it out to have the right to at least secure certain areas of the. -City
_
where it's particularly,harmful - and to them: and to ,all the -rest of.us -and
dangerous for them to .,be -located, despite the arguments being made by the
plaintiff that seems to believe that the underpass is the best place in the
world::-. Actually, that's a_, disease ridden location that is really, really
going: to be a problem in the future. Not to mention all the other negative
effects towards the -rest of the population that is trying to get someplace in
downtowr:. So I.think we're taking the right approach here, folks. I wish we
could do more. Do we have a motion before us?
Commissioner,Plummer: For the appeal.
Mayor Suarez: And a second?
a -
t
Ms. Hirai: No, no, sir, I -don't have a mover.or a seconder, no.
x
'y
s
Vice Mayor Alonso: For appeal we took a vote.
t
�a
r
Mayor Suarez: On the.., I think you moved the expenditures.
Mice Mayor Alonso; No, I moved, but we took a vote on that.
175 December 5, 1991
w,
Mayorns arev OK no, nos on the express...
M' Hi r'ai : s'On AM; one beforel
Mayor:suare�:. a did on the onh.before.
Ms. Ni rai : Yea.::
Mayor Suarez: On the expenditures and the continuation of the plan, do we
have a ° rnoti on on : that?
Vice Mayor Alonso: Ao, I did not move on...
Commissioner- Plummer: I'm not going to vote it until I know what .the ,court
Mayor Suarez: I'll move it.
Vice Mayor Alonso: To do what? -be very specific.
Mayor Suarez: The motion is to continue the outreach effort and to channel
these 'funds to the Veryo provider agencies - not:creating a bureaucracy or,
-}
anything - provider agencies that have been rendering the services to the
homeless, in the area specified that we're keying, which is downtown and the
1
inner. -City parks.
Comnissione'r Plummer: And you're.: -well, you made your motion.:, Prior to the
outcome -of the suit.
Mayor 'Suarez: Yes, because we have to do that anyhow. I mean, it doesn't
improve,*-..
C�ommi`ssionee Plummer:. How about if we7 do. it as a :carrot before the, court?
That if the court"disapproves the injunction and we can proceed::. That we tell
the,court`.if you file against us...
Vice Mayor Alonso: That makes sense, yes...
Mayor Suarez: If that's the way the Commission is inclined to go, I' 1 l go
that way. I'd rather have it flat-out, but...
Commissioner. Plummer: If you file against us, we will not spend the money. .'
But if you ,file with us...
=
Mayor Suarez: That's fine.
Commissioner Plummer: ...we will spend the money. That I'll second.
Vice Mayor Alonso:- Yes.
x
Mayor, Suarez: I'll adjust my motion that way, all right.
�i.
Vice Mayor Alonso: Yes, that makes sense.
176 December 5, 1991
a?
V 11 r V Y M Y Y V I ) I V l l Y Y I M V V V I l l lv •
i •t V M I Y V V 111 V v G•
Commissioner Plummer: Yes, I second.
Vice Mayor "Alonso: So you second? OK, any other comments?
Cal the roll.
i.
177
December 5, 1991
c4
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r
The foiiowing motion was introduced by Mayor Suarez, who moved its
—
on:
n
MOTION NO, 91-906
A MOTION INSTRUCTING THE CITY MANAGER THAT IF JUDGE;
ATKIN5 RULES IN FAVOR OF THE CITY OF MIAMI, THEN THE
CITY IS TO CONTINUE ITS OUTREACH EFFORT OF VOLUNTARY
RELOCATION AND REFERRAL OF THE HOMELESS AND CHANNEL
FUNDS TO THE PROVIDER AGENCIES THAT HAVE BEEN
RENDERING SERVICE TO THE HOMELESS DOWNTOWN AND IN THE
INNER CITY PARKS, FURTHER INSTRUCTING THE CITY
ATTORNEY TO EXPLORE THE LEGAL RAMIFICATIONS OF
ENJOINING` THE STATE OF FLORIDA AND OTHER
MUNICIPALITIES AS' A NECESSARY PARTY IN ADDRESSING
THEIR 'FAIR SHARE OF THE HOMELESS PROBLEM.
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.
60. GRANT REQUEST BY GREATER MIAMI BILLFISH TOURNAMENT FOR DOCKAGE SPACE AT
MIAMARINA - INSTRUCT MANAGER TO PLACE ADVERTISEMENT IN TOURNAMENT
YEARBOOK.
Mayor Suarez: All right, item 34. Is that the one we're on?
Mr. Odio: We recommend `that. What they're asking for dock space at
Miamarina,..reserve..it for the tournament.
Mayor Suarez: That's why Kipnis is here.
Commissioner Dawkins: Move it.
Mayor.'Suarez: Moved.
Commissioner Plummer: What about the ad?
q'
Mr.'Odio: And the ad is fine:
Commissioner' Plummer: Move it - second.
178 December 5, 1991
F
Milg-
Alydr Uawdzs Mavold .And .`s-ecnnded. Any discussion? if inbt, please call the
Y
Flr�. Idiot, Goodbye.
The following resolution was introduced by Commissioner Dawkins, who
moved :its adoption:
RESOLUTION NO. 91-907
A RESOLUTION RELATED TO THE GREATER MIAMI BILLFISH
TOURNAMENT TO BE HELD APRIL 10-12, 1992; AUTHORIZING
THE,
THEADMINISTRATION TO RESERVE APPROXIMATELY 30 SLIPS
AT TO WAIVE THE $10 LANDING FEE, AND TO
REDUCE THE TRANSIENT DOCKAGE FEE FROM $0.75 TO $0.50
j
PER FOOT PER DAY FOR PARTICIPANTS DURING SAID EVENT
AND SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY
i
BE `PRESCRIBED 9Y THE ADMINISTRATION OF THE CITY OF
MIAMI.
-
(Here follows body of resolution, omitted here and on
-
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by, the following vote:_
AYES:.. Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES:. ,.None.
ABSENT:_ None.
-------------------------------------------------------------------
6.1. GRANT_REQUEST.BY COMMUNITY CLUB OF MIAMI, INC. FOR CLOSURE OF DESIGNATED
STREETS -CONCERNING ITS ANNUAL CHRISTMAS FESTIVAL.
------------------------ ------------------------------------------------- -----
Mayor Suarez: Item 36. Yours was passed over for the next Commission
meeting?
Commi,ssioner.Plummer: Mr. Mayor...
Mayor., Suarez: Yes.
Commissioner Plummer: May I suggest since...
Mr. Odto: Yes, we recommend...
t.
179 December 59 1991
i
i
sF
� y�r Su ►wa . ices, comissioner.
i5
tommiisione e Plummer, ...host of the people here in this dudience are tare
6#ausaof a�,.3 00,1octdck, notifitation about .the. Naval Centers '�hat:we I hai dle
t issue 'sd the -majority of these people can go homey
{
Vice Mayor Alonsot": That's right.
r
Mayor Suarez. Surely. All right...
(APPLAUSE)
Commissioner Plummer. We're on_item 43.
Mayon Suarez- All right, sir, you item is 367
Mr. Odio: We recommend that, Mr. Mayor. You can pass that. It's only a
street closure.
Mayor Suarez,. OK, we're going to do that 'very quickly to we can get to item
43 at the request of Commissioner -Plummer.
Commissioner Plummer: What is it?
Mr. Odio: it'-s:just a street closure. And the...
Commissioner Plummer: On what item? -43?
Mr.' Odio:" Yes,'theyIre..
Mayor. Suarez:-:Thirty-six,`36.< ,
Vice Mayor Alonso: Thirty-six.
Mr. Odio: They go from 14th Avenue...
V_i'ce.Mayor Alonso: It's just the street closures?
Mr.-'Odio: Yes,,.:that's all
Vi`ce';Mayor-Alonso: 'I,so-move
Mayor .-Suarez:.'So moved."
Comni.ssioner Plummer: Wait'a minute, what item is it?
Mr:i,Adio:; Item..36.
Mayor'Suarez: Thirty-six, item 36. The one. -that was almost'preempted,;by your
suggestion that" e ' go to ,43...
,y
Commissioner Plummer: OK.
180 December 5, 1991
i
r j
FRI
11,
Mayor Suarez: 6stwheh the man was already handing out the documents
1
Coinmissionew Plu�ieri Finer
fi.
Maiyor Suare2. Old.. $o Moved by Vice Mayor Alonso. Seconded by ComrniWoner
Plummer. Any discussion? If not, please call the roll.
-The following resolution was introduced by Commissioner Alonso, who
moved,its adoption: -
RESOLUTION NO. 91-906
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND
THOROUGHFARES DURING THE "CHRISTMAS SHEPHERDS
PROCESSION" TO BE CONDUCTED BY THE COMMUNITY CLUB OF
MIAMI, ON DECEMBER 250 1991; SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES- AUTHORIZING THE POLICE
=
DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID STREETS;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS UPON
-
ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF CITY
SERVICES AND 'FEES ASSOCIATED WITH SAID EVENT AND
-0BTAINING 1NSURANCE PTO PROTECT THE CITY IN THE AMOUNT
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.
COMMENTS MADE DURING ROLL CALL:
t
Commissioner Dawkins: What is -the...
s
Unidentified Speaker: Yours.
Vice Mayor Al onso: Street closures.
+
Mayor Suarez: It's a street closure for an event to be held by a group
presumably supported or approved or recommended by the administration.=
181 December 5, 1991
x
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-
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fY
62VCiCUSinNT . .
ON, THE Nava. RESME CENTER PRCPERrv&
iYillYirYYYwYrrliai4.i.ibliiWiilJirfiYw.1.i..YifYtiY.rtlb iYi:Sii- iGiYYr Ytiyrail Yi(7=.iirWYL.ih LY .a.ir Yia4 Yi YI.ii YYYSW Wiro Yiift WElY
Mayor Suarezi item 43, at -the request of Commissioner Plummer vd... What is
✓ S`
-
the status report, Mr. Manager? This is the easiest item we're going to have
to deal with in the next two years,`=4
Mr. Odio: Where we are today is that the applications have reached the
_
DepartmentOf the Navy, and in January they will be making a decision. Their
Humber one 'choice, through HHS (Department of Health a Human Services), HHS
will be the agency that...
Mayor Suarez: Recommending agency.,
Mr. Odio: The agency...
Mayor.Suarez: Reviewing agency.
_
Mr. Odio: ... that will deal with the Homeless Coalition. The second one in
line is�Recovery out of New Orleans. And as it sits right now...
Mayor Suarez: What does that agency propose to do with this property if they,
were=to get'it=from GSA (General Services Administration)? That other one?
the-,oneoutofNew; Orleans?
Mr. Odio: I have not, as of yesterday when I talked to Bob Fitzsimmons, we've
been trying'to get a: copy of the application from Recovery.
Mayor Suarez: We don't know. The answer is, we don't know.
Mr. Odio: We don't know. They claim that... I meant to ask you today, I
haven't!- had time, .that' they.sent -a copy of the -application to your office.
But I have not seen it, and I don't know if you have.
Mayor Suarez: I thought I saw something coming in from them...
Mr. Odio: Right.
Mayor Suarez: ...but I don't know if it was something that you...
'.
Mr: Odio: OK, we are trying to get a copy of that to see what they're
proposing,to do.
'
Mayor Suarez: OK. The purpose of the McKinney.Act as it deals with disposal
of Naval ,and other...=
Commi.ssioner:Plummer:.Surplus.
mi 1 i tary, fact 1 i ti es, :was not to create a :problem - -for �,a
Mayor"'.�Suarez: �...`facilities,
j
neighborhood, I understand.
182 December 5, 1991
:,
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M ado lio. ut'irhe,-Way the IAW is written they didn't gd that fie when
°afid it's -empty that i any propertiesare
disposedo`f byhe Pedal
yal'theAt that" under McKinney Act ' the
homeless would Conte in firsts 1��1d
l ey worlld hM* 'a` right to the 'property.
e
May 9 4eii but i f 'OSA ctiul d be persuaded to SWAM property for thb"uses
fi
yti,
th�►t are conteplatad under the honing Code and other laws of the City Of
Miami r i s that a' possibi l i'ty7
MIS`. Odio: It is not The way the law...-
:.
Mayor Suarev With the money to go to the homeless or any other federal
purpose that is found to be important.
Mr. Odioi The way the law is written, no, it's not possible. However, we are
Working to get the law changed. I don't know how fast we can do that.
Commissioner Plummer: Let me ask you a question. This second group out of
New Orleans.
Mr. Odio: Recovery.'
CommissionerPlummer: Recovery. Are they actually addressing the homeless
prbblem`°of our community?
Mr. Odio: Yes, it would. 1 get... wait, i need to clarify, I have not seen
what they are proposing to do. And neither has Bob Fitzsimmons who is the
attorney from the Grove that's working with us...
Commissioner Plummer: Somewhere someone gave me a reason to believe that they
were a juvenile corrections situation:
Mr. Odio:*No, that's the third application. They are...
Commissioner Plummer: So°'that's not a homeless situation.
Mr. Odio: No.' 'it is not. Recovery is dealing with the homeless.
Commissioner Plummer: And they're out of New Orleans.
Mr. Odi'o: 'Out of New 'Orleans.
Commissioner Plummers And 'they're proposing to come to Miami and address. our
homeless problem.
Mr. Odio: I don't know what they're proposing to do at this time,
Commissioner until I see that application. And we hope we can get a copy of
it very quickly. I don't know if Bob Fitzsimmons is here. We talked as -late
as yesterday about trying 'to get a copy to see what they're proposing tp do.
We have had conversations, I have, and so has Herb, with the Homeless
Coalition, `and they're in the spirit of cooperation and in the hope that
something could be worked out that it would... the idea would have to be that
they would have to withdraw their application. And...
183 December 5, 1991
i'
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Myor:suarent OK, assuming that we're in a position of negotiating with the
Antlty:Ahat:would otherwise get this property - that's the ..assumption -that
'
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Auto-
' re . a now going under, the Nornel ess ` Coalition. they ,have a ::pent#rig
x
pp it:a ian, and it seems to fit .the purposes of the statute. We don't kn6w
;-
bout the Reoovary group out of New Orleans. Assuming that, what is the
proposal that we're trying to work out or the settlement that we're trying to
wprk out with them? And how would it work? And what are the chances that it
will succeed? -so all the people that are here on that can get a complete
status report. Which is why the. item is before us today. Not to have a
general public hearing and hear from each of you the same thing that we feel,
Which is that this is not an ideal site. In fact, this is not the one that;we
would recommend. In fact, this is not the one that we would like to see used
for this kind of facility.
Me. Odio: Well, here's...
Mayor Suarez: But it's not totally in our hands. It's a federal government
issue. Yes.
Mr. Odio: Absolutely. Here's the complexity of this is if we can work out
an arrangement within the Homeless Coalition, and I feel that we can if you so
want. Then we have to deal with Recovery, because if the Homeless Coalition
withdraw and Recovery does not withdraw, then they're entitled to the
property.
Mayor Suarez: Is it in there? I mean, just two pending applications?
Mr. Odio: Yes.`
Mayor Suarez; Or what are the chances that we'll have another 38 to negotiate
with?I mean, there are just two? -that's it?
Mr. Odio: That's it.
Mayor Suarez: The deadline is.over?
Mr. Odio: -That's it. If we can get those two out of the way, I feel that%we
are in'good`shape. But I'm not too sure about Recovery.
Vice Mayor Alonso: This group, Recovery. Even though it's not a local group,
they;come.in our community.
,,
Mr., Odio:, It's a federal law.
—
Vice Mayor Alonso: And they have the right to take over.
Mr: Odio: Yes.
Vice Mayor Alonso: This is incredible.
Mr. Odio: It is. It is incredible.
Vice Mayor Alonso: This is incredible.
184 December 5, 1991
Mr. Odiot I said there are many approaohel being taken now. i hope that one
o that �ritl wrk� I think that, again; that the Homeless Coalitions
}
sfnething that we can work out if you so want me to, it could be arranged by'
Oviho them After 'they withdraw,
a property and some operating monies for
three years or so.
a
;.
Commissioner Plummer: Let me ask this question.
Mayor Suarez: Wait, wait, Commissioner Dawkins got his hand rai$ed, please,.
Commissioner Dawkins: Mr.
Manager, what happens if the Coalition fortheHomeless gives up their right to the
d
property? -and the other group deoGides
they're not going to: give up their rights, and they want to come 1n and get it
anyway. What happens then?
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Mt. Odio: They get the property.
Commissioner Dawkins: Theyget the property.
Mr`.Odio: Yes. _
Commissioner Dawkins: So, therefore, you went through an exercise in
futility. These 'residents still have...
Vice Mayor Alonso: The same problem.
Commissioner Dawkins: ...a facility in their neighborhood that they didn't
want.
Mr. Od4o: Well if we'fai I, yes.
Commissioner Dawkins: So why, you know, so why... we need to let everybody
know what we're doing.
Mr Odio: But, they do.. well, I haven't talked to all of them, but the
people :.that we're working
9 1n the Grove know
;-
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..with exactly, to the last
letter, what we're doing. y
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Commissioner De Yurre: But let's understand something...
Commissioner Dawkins:OK, then...
Commissioner De Yurre:
Let 'me just mention something. Whatever, if anything, gets ne1.gotiated here, has to be that all
"
these conditions have to happen.
t
Mr. Odio: Yes.
Commissioner De Yurre: It isn't like we give a million dollars to group A...
Mr.. Odio: No.
Commissioner De Yurre:- And we lose it to group B...
a
Mr.:.Od i o s No.
rh> :
185 December 5, 1991
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issi n be cit�r t WA h�t�� to and up getting...
Wrylios With ,both�
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n�ssWarbt,yurrd: . i.what We want. r s
;
Mr. Mot Ritht
Cot"is8ione r De-:-Yurre: And everything 19 contingent on us
-.getting what we
wane:
Mr, 'Od o: i would not, recommend - that we- give anything
to the Homeless '
Coalition unless we have Recovery also, agreeing to another packet.
Commissioner De Yurre: Everybody has to agree...
Mr: Odio: 'Everybody has to agree.
Commissioner De Yurre: ...to what we want. And not only
do they have to
agree,_we have,to-end up getting ita If not, all bets are off.
Commissioner Dawkins: What does the law say...?
Commissioner De Yurre: For my vote anyway.
Mr. Odic): 11ighte You'mean getting:..?
Commissioner. Dawkins: What does the law say that, about if
the land is given
to the" homelessabout the homeless transferring it to the City
of Miami? Is
that legal?
Mr _od o: ` "No:
Commi t ti oherr Plummer: ,My'question.is...
;
'
Commissioner -Dawkins: Well, how are you going to...
=:
Mr."'Odio:c' The'only Way is to withdraw.
Commissioner Dawkihs:' Oh,'OK. Both groups have to withdraw
and...
Mr. Od o: Their application.
Comnlssion`er Dawkins:> ..:and then the City of -Miami' can get
the`,land:
Odio: Then,'at that point...
E
Cb*issioner Dawkins: If both groups withdraw.
fU
Mr. Odio: Then, at that point, the Navy and, therefore,
their negotiating
I
agency;_` which i s `GSA,`°- can thin -negotiate with us .
-
Commissioner Plummer: For a price or free?
U.'
.,
186
December 5, 1991
6.wwf ..n
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Mr i Odio: LOW zohing laws would applyt However, there is a catch to this.
1
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T' Navy..could;_opt : to transfer the property to HH5 outright, just give them
_
the lease - the deed, I mean and at that moment HHS could very well give a
s
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'pease .outs
4f
Mayor.suarz:s there any possibility, has any thought been given to a legal
.!
challenge to the Recovery group on the basis of what was hinted here before?
Mr. Woe- that's another possibility.
Mayor Suarez: Which is that they are not really a community group. I mean,
the law mush envision that the community has a better use for the property, or
use that 1s felt to be more...
Mr. Odio: :1 would not...,
Mayor Suarez: ...humanitarian, but not just someone, you know, from out
there that's applying.
Mr. Odio: T would not rule... another one of the avenues could 'be'the legal
avenue:
Mayor Suarez: Is that being looked at by Mr. Fitzsimmons?
Mr. Odio: Yes; he has.
Mayor Suarez: Or Mr. Wechsler or...
Mr. -Odin: Yes, he°has'.
Mayor Suarez: .,..'any of the other? -Mr. Steiner.',,.
Mr.-,,Odio!Fitzsimmons and I have talked about this.
Mayor -;Suarez: ...Mr. -Price, Elaine Cruz, etcetera. All the people who are
concerned." Elaine Cruz, I think, with a whole different angle. Is she here?
Is<Elaine':•here?
i;
Ms. Elaine Cruz: I'm here.
F
i
Mayor °.Suarez: OK. I think what you're 'concerned about is, that .any.>
determination .,that, would be made today that would locate 'a' facility'° -in
Allapattah We're not doing:anything like that today herethat=.I'm aware of
,y
at this point.
r'
Mr. Odio: No, in fact, if the time comes, I have another proposal to make
<A
'
about where; -they should go instead of Beckham.
1
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Mayor Suarez: OK, is there anything that we haven't covered that you would
.
1.ike'to_say on behalf of the citizens?
188 December 59 1991
1�0 i
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f i f,Ohthil . Shal Idyl We1V my name is Cynthia shellay, and, I''m hera
ftolalanting the homeowners.
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�
,
Mayor Suare�i gi ght.
::,��
Mi. She l 1 ey And 'vie have 4ui to a 'few of the homeowners here today who !-are
conterried. Could everyone pleaw raise your hand and show ust great tf-.you
,
hive any questions', a,m.herei
Mayor Suarez: We certainly have received tons of correspondence on this...<
Vice Mayor Alonso: Yes.
Mr." Odo; Mr. Mayor...
Mayor Suarez- :'we have never.. Bob, do you want to add, anything now that
you haven't heard anything 'what took place before?
Mr. odio: Bob - he just... -
Mayor Suarez: We've given a complete status report, suggested that in the
'ideal world-, we would sell the prop... the federal government would sell -the
property with the money to go to the homeless for a variety of purposes and
needs-: But not to -be located there. We've indicated that the City would not
like to see this facility used for a homeless facility. It really doesn't
make` any sense there. And two groups, two institutions, agencidvi;)-have
pending applications, and we're negotiating with the one that is .closest;to.
home, the Homeless Coalition. No one really knew too much about the other,
group from New Orleans, and the thought came up that maybe a legal::challenge
could- be fashioned to them on the basis that- they're not really a. community
group, and: that the law must have envisioned that it would be `,_acommunity
group'.:sponsoring a,homeless facility. Not just-some.out-of-town; group that'we
don'ts -.even know who'they-are. And I don't know if you've looked at that.
RobertFitzsimmons, Esq : Well we have Iooked.'.at the possibi ity�.
challenging' that. We;=don't have the application, only got it :shortly,`;a
flttle,`while ago; We're not even sure it's a complete,appl!ication. - There 's,:a
l ot, of di fferent - avenues':' Another avenue- =would . be 'cross .1 ease : i f
,the
government 'aTl ows : us ' the; City, ' to lease, that property i n > exchange,.--. for : the
City providing -an alternate facility`.:
Mayor. Suarez: Have you given up 'on the possibility of asking for a special
-.legislation--that would allow this property to go on the auction block and be,
sold for within our Zoning Code and other indications, to the private sectorz".
And tthin- go on the tax rolls with the money Ao be used for homeless?
Mr. Fitzsimmons:. No wehaven't..: s
Mayor=.Suarez: Which -serves the purpose of the McKinney Act better: tban= this
E
mess that:we!ve'got'here.
MriFitzsimmons: It seems to. It seems to. We've also enter... well, we've ,
-entertained the idea of some kind of legislation, be it special or note
special legislation doesn't seem to be favored too well, but we also offered
189 December 5, 1991.
an -alternative which would give the federal government discretion to -allow
e�changes�
h,
Mayor Suarov: Would that,require a new statute?
g
Mrs Fitzsimmons: That would require a modification to the existing statute.
I drafted a propos... one paragraph,* change to the statute,: which would -6
n
.g
the,. :SSA administrator the ability to exchange with the local government 'that:
controlled zoning. In other words, so if this... the -intent of McKinney is to
make the local government, I think, do something about it. They're just
throwing these properties any way they,are. What we're trying to do is,give
to GSA the ability that if the City is going to say, OK, we'll deal with the
problem, we have a property we think will do best. That they will allow the
government to,switch properties.
Mayor Suarez: Do we need to be giving any indication or encouragement to the
'
City, Mana9er? -a resolution that suggests that our lobbyist in Washington
should be contacting the various Congressmen and Senators...
Comnissioner.Plummer: ,He has been.
Mayor Suarez: ...particularly the ones that oversee GSA. I think it was a...
_
Mr. Odio: Mr. Aayor...
Mayor.Suarez: ...New Jersey Congressman that has oversight, is chairman of
the committee that has oversight over GSA, to be a little bit more flexible.
Mr. Odio:; Believe me when I tell you, Mr. Mayor - and I want the citizens to
know this - that we have been working, and he has been working full time on
this.- Lukis was down here just two weeks ago in meetings with Fitzsimmons in
trying to draft the new legislation. He's working full time on this. We know
the importance of this,; and...
Mayor Suarez: Well, if you need our personal involvement, any of us, to lobby
the Congressmen from the .State of Florida and Senators, the _Congressional
delegation, or the ones, that have - let me hint it one more time - the, ones,
that.,have oversight over GSA and one particular one out of New Jersey, or the
President of the United States. We have Al Cardenas here who has ready access
to.Ithe-White_House, etcetera, now,that Sununu is gone. Please,. you know, we
want to help with this.
Mr. Fitzsimmons: OK.
Mayor Suarez: I,Aon't know what else to tell you.
Mr. Fitzsimmons: > The one thing I think I would suggest is, if... it's a very -
difficult issue to deal with on the local level and on the federal level. One
of .the; proposals is: to give the government some discretion to deal with the
City. Now, if the City wants to deal with the homeless problem... -
{
Mayor Suarez. Exactly.
l
4 j
190 December 5, 1991
y
i
'LLB=" F1 i 1
Mr i t i rltbns: , �u* 1 et thoW doA t where they are 6 On that 19 1 94i s 'ati VC,
Sb :ifx' Can °SAY they Cit su ortss..
�
�ayorSuarez: �,bsolutely�' �
Mri FittsiMons: 'gut you have to couch that... and the 'City wants to deal
with the hOneless problem, and they can deal with this by allowing us to
provide a homeless facility where we think' it appropriate i'n exchange for a
different property.
Mayor; Suarez,. Absolutely. Or even supporting existing facilities. I mean,
we don't have to create new ones. Yes, Commissioner Dawkins.
Commissioner Dawkins: Are you saying that all I have to say to the federal
government is that since you're closing federal properties, and you got
thousands of acres at Homestead Air Force Base, that I think itwouldbe
better to put this facility in Homestead Air Force Base instead of across the
street. And that would be'a valid argument with the government?
Mr. Fitzsimmons: No. The problem with McKinney is it does not allow any
discretion. So they're saying, if Homestead becomes available and the Naval
Reserve`°becomes-available, the homeless get both. Now, what I'm suggesting is
an amendment to it to say, OK, you can go into the homeless facility and
you're going to get.,that unless the .City can come 'upiwith some palatable
.-
alternative that is acceptable to the federal government. That discretion
does not appear. in McKinney now. What I'm saying is, the City comes up with.a
- program, we say, we think it would be ideal to put it here, or best suited to
put it here.-A1.low'us to provide this property in exchange for allowing us -to
use this property for a good community purpose. That's what'I'm'suggestin*
Commissioner Dawkins: OK, thanks, Bob.
;..
Mr.. Fitzsimmons:: And I think your help when we make that effort, in support,
an :effort...
Mayor Suarez::°Do you need a resolution to that effect, Herb? OK. Bob,'do
you - need a -resolution from this�Comnission? You certainly get ou`r letters of
support. obviously.
Commissioner Plummer: Plus, he has the former resolution we passed.
Vice Mayor Alonso: We passed.
MayorSuarez: We have a similar resolution. `"OK, all right, folks, thank you,
i<
and ,we got to keep working on this obviously.
Ms. Shelley: I want to say...
Mayor Suarez: Do you want to submit...
Ms. She'1ley` We have petitions here...
r
Mayor Suarez: Petitions.
x..
191 December 5, 1991
Ms �he11 eyr r that I wanted to submi t. And we wanted to say that we its
tig your,
�F3rt�1'i�o�ie�r
Dawkins': 1�ike. try know from the Man or with this
df` 300,000 a year
k Y
y
.
B okhe iMall . agreement - it says a donation in the amount
= }r
for three years. Where will that million dollars come from?
Mrs Odio:The C08G funds, Community Development Block Grant monies.
i
commissioner, Dawkins,. And that will cut what shorty -affordable housing,
economic development, or what?
Mr. Odio: it will not dwell... we hope..., what we're projecting,* it will come
_.
out of the increases that we have received from the block grants.
Commissioner Dawkins! Like what?
4..
Mrs. Odio: So we don't hope to dig into anybody's program, but to.... the
additional monies we are receiving, to earmark $300,000 a year for the
home 1 e`s-s .
Commissioner Dawkins:` OK...
Mr. Fitzsimmons: Commissioner Dawkins, may I interrupt one second?
Commissioner Dawkins: Yes, go right head, Bob.
Mr. Fitzsimmons:` I' Ve done a 1 of of research into McKinney, `and there 1 s. ,a
lot of money that is accessible, by the McKinney over and above community
zL
development funds to... start up programs, capital improvements, and operating
expenses..
Vice Mayor`Alonso: That's right. Even to finish the building and everything
else:
Mr. Fitzsimmons: And there have been congressional reports saying that the
city' governments` have not accessed these funds. So :they are out there. .ht
could ,come from other' sources as, well; I think. I'm not saying that you
haven't done it, I'm just saying there are a lot of sources.
'3
Mr: Odio. No, I know, we are trying to get some more.that.is..: they ,.keep
.
saying that=there are monies- there, but';when you,•.go. and apply -and they keep..
0
saying no. So, we're going to document how many times we have requested
a a
McKinneyTAct funds,`and how much .we have received.
G
Mayoe-JSuarez: Lou..,
Commissioner Dawkins: OK. -Pm sorry, go right ahead, I'm sorry, Mr. Mayor.
Mr. Cou'Vechsler.::One poi nt,,,Mr. Mayor. Is there one person, with either the
{'
City Manager or someone, who will be responsible?
r
Mayor Suarez: Yes, I think you had asked about that, and I think, Mr.:,:
Manager::. I know you're pointing�to yourself with great pride.
x
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192 December 5, 1991
3
tp,
yanot gettin§ into Ailapattah, because tharb1s no a>rtib
1is ra at oh tothat Wa sire' aware, ful ty. aware...
Ms'."Cru2: Oh y you Are: a bunch of �_.:_. LLy all of you.
Miynr, Suaftv.Ma'am you can have any opinion you want of us, but we have -
heard your point of view, and your husband's point of view many times on this,
pbrsonalIY-and publicly. What is the next item?
Mrs teorge J.'Price: No, this item.
Mr.,7Gon*alb2-Goenaga: Yes, this item.
..r
Mr. Pricet.'Forty-three.
Mayor Suarez:Mr. Price, right?
Mr., Price: Yes, sir.
Mayor, `Suarez: Mr Price, thisisa discussion item that is before this
Cormtission, so we get a status report from the. Manager. We've gotten the
status report from the Manager. We have also heard from two or three of the
leading community activists on how we can 'get it resolved: Is there anything
that we have not touched upon that could possibly be added at this point by
this Commission, sir, that would keep us from going to the next item?
Mr. Price: Only the suggestion that there may be... we would like to
participate in a certain future use for the Navy Reserve Center if it does
become' available .
`
Commissioner Plummer: For your law...
Mayor Suarez: Well, yes, obviously. We would all like to participate.
Mr. Odio: No; no,'<no, Mt Mayor.,' Let me tell you something. i would leave
the alone for now.
Mr. Price: OK.
Mr. Odi o: :Bob, would °you agree with me on `that? That 1 eave that atone 'far
now tunti
S ;
fi
Mr:' Fitzsimmons: One step at a time.
h°
Mr. Odio: One step at a time.
Mayor Suarez: If it ever goes to private hands, I personally would have no
,
prob'l em i n' specifying and voting in favor of all kinds of new parameters., "for,
its use.
Commissioner Plummer: Well, can I ask one question, Mr. Mayor?
195 December 5, 1991
�5 4 S
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.
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MW sit one P1b1W6r4 Bob, I'd t i ke you to go on the record, since a `1 of
j
people 'a11 tier isffices, that this City Commission and administration, in your
h
bpinion is doing everything humanly possible to try to bring:about goad
resolve: pn : his property. .
Mti Fit2simmbns: .I agree with that
Commissioner -Plummer. Fine, thank you
Mr. Prices 'Thank you.
Mayor Suarez: OK...
Mr. Fi tzsimons: 'Mr Mayor, could I ask one question, it may be difficult,
and I'll leave. Recovery's application states - we could never get a copy of
thei r ` appl i cati on - :and then we finally got i t, it, said that a copy of the
application was sent to your office. Do you know, or can you find out and
certify....?
Mayor Suarez: I know, it was mentioned before. Let me look around. If
-
not...
Mr. Fitzsimmons: Because if not, we'd like to send that to the'government
and:...
Mayor Suarez: I am sure that we can request another copy. I mean, we'll pay
for i t... .
Mr. Fitzsimmons: No no, but I'm'saying- they have refused -to release it to
yet they've that they released it...
anyone, stated
Mayor Suarez: That could be grounds also for injunctive relief. I mean,
V Il. .
Mr, Fitzsimmons : Jhat's why I'm asking::.
Mr. Odio:,'Yes, but we have to_make sure they didn't send one to you.
Mayor Suarez: i wi 11 ,took for= i t. :Maybe when : i t :came, -i n, we. l ooked at;.i t and
we decided that the best thing was to... no, we don't do that because then the
='
Miami Herald wil`1 print that.
Yice>Mayori Alonso:-- Do they have the right to deny access to that application?
Mayor Suarez: No, I don't think so. I` mean, the fact that one, person
received 1t does not -keep others from the general public.
Mr.,Fitzsimmons:" But, no the.:., 1 9
„
Mayor Suarez:. But we'll hunt around and give you an affidavit if_you=
196 December 59 1991
Art -Fitzsimmons: Right, that's what I'm looking for, because they've denied
iti� TheyCvwftni#d;1rGedoM of information requests&
f�
Mayor uArel, btly,*
....................
Mr, Fitzsimmons-. But one of the McKinney Act requirements is that they notify
the l6c,11,1ovornthent of what they propose to dob
Vitt Mayor Alonso. I see,
016''Fitisimmonst son And they stated in their application that they t It to
the Mayorlt office -'but -never to the Manager's office.
Mayor Suarez: I did get something. It didn't look like an application
though. I thought it was just a cover letter or something. But we'll track
it down. We may have to go back about three weeks' worth of correspondence.
Maybe qoldfarb took it. He may have been around there.
Vice Mayor Alonso: Then you will never get your hands on it..
Mayor Suarez: Ma'am, we're going on to item 37.
Mr. qonzalez-Goenaga: You missed me, your...
Mayor Suarez., Unless no sir, we're not in a public hearing. Unless you`
f.
can tell me what it -is that your hand is raised up for. We have a pretty good
idea what his hand is raised up, because it's raised up every other item.
Yes,come up to the mike.
Mr. :Gonzalez Goinaga: Homeless issue.
Ms Doris Connolly: My name is Doris -Connolly Alm from-Broward County.
MAYor"Suarez-0: What item? From where?
Ms Connolly: This item. Broward County. Llm going to: be going...... ....
Mayor Suarez: -You're from groward: County.
Ms. Connolly: Yes.- This makes..'
Mayor Suarez: What item do you want to address this Commission on, ma'am?
Mi's Connd I I Y: The: homel ess
M or S W Ma'am,"
Mayor' uardz. Mal we are 'hot'oh'the homeless generally. e were g,v ng
statusrtpoet to: the Commission...
,Connolly* I know.
:
MayW uare7:The Man ager was giving status report. You,'heard
there's -`anything in'that: status report that fs I ncompl ete, the Manao6fwill
fill it 'I n or 'Mr. Bailey, the gentleman 'right behind you the re': e
gt`asses.k '-,All right?
�
_ >
197 D cember 5'V 19911,
j�N
I
{
i
i4
} , i �c fR� p� y� one
As'i' tohno 1 ly: I jU%t �,wdnt to ask onG
-. '..
C
r.
mayor 3uawev And ou can take all of that information back to bwoward ow any
{#, —
otew par t of tha wor:ldY
Ms`i.,connotlyt No, not no, I just want to ask one questions With s►11 this
money. , I'm: wondering . why you don't encourage the businessmen? The
y
tax�ayel s i i •
Qg
Mayor Auarez: Ma'am, you are totally out -of -order. We have had many, many,
.I
many Commission meetings on how to deal with the homeless, and we're not going
to open that up today. Please have a seat. We love you. Like to have you in
bade County, but were not discussing the homeless generally*
r
Ms. Connolly: Not one question?
Mayor Suarez: No ma'am, no ma'am. We have answered that in voluminous... I
a
can give you transcripts of Commission meetings where we've dealt with that
issue. And,everybody has an idea how to deal with the homeless.
Mr. Gonzalez-Goenaga: Yes.
-
Mayor Suarez: And you, your particular idea is not going to be heard today.
.
Have a seat,;Mr. Gonzalez-Goenaga. You've been tempting me,all day. Item
38...
Y
Vice.Mayor Alonso: Thirty-seven.
MayorSuarez: Thirty-seven.
Mr.. Gonzalez-Goenaga: But -you have the power and the money.
Mayor Suarez: Please, have a.seat, sir.
- - - - -- --- - - - -
63. :ESTABLISH ,CRITERIA FOR SELECTION OF THE CITY OF MIAMI; SCHOLARSHIP
RECIPIENTS TO THE UNIVERSITY OF MIAMI - INSTRUCT UNIVERSITY TO SUBMIT
LIST. -OF FINALISTS TO THE:COMMISSION FOR APPROVAL.:
9
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------- --- - - - - - - - - - - - - - - - - - - - -----------
-to
,
`
Mayor, Suarez: Thirty-seven. I thought we would never et it.
y y 9 9
Mr. Paul Dee: Mr. Mayor, members of the Commission, my name is Paul Dee, I am
the -president and general counsel of_the Universi y of<Miami. -Over the
past few months, as a result of having appeared, here,- my predecessor hava ng
,r
appeared here, Russ_ Jollivette. and he staff of the Univers ty„of.--_,Miami'
Admission's Office, you've asked us to review the material's with respect to .
the scholarships,, the City of'Miami scholarships. We have done that, .we've
`a
met,with Mr. Odio- and .his staff, -and several. of you were visited, by,_members .of
the -. admi.ni.stration,. the ; admission's office of, the University, to ,.,;d,iscuss
.,
simplify-ingr the process and explaining the, process nand ;having:. it. ,down in
,.r
198 December 50,199
writing -'..'As- to, how the Process for the application and award of these
x� a
s6biarships to members lsf the City of Miami to whom you w u1d award `theee
p
&Choiirshios�as recipients.
Mayor, SuaretWai t a minute, sir. Ma' arm - Aurelio, would you have, or Mr.
Manager, would you have someone from, your staff sit down with her for a few
minutes and explain what we are doing for the homeless, please. Not now,
ma'am, he will.., yes, that's it. Thank you.
Mrs pee: We have today presented to you a proposal that we think will meet
the objectives that we both have to have a very easy method by which people
from the City of Miami can apply for the scholarships which we are giving,
that we have worked out with the City of Miami.
Mayor. Suarez: Does anyone have any questions from this Commission? I think
"
we all wanted to be more involved...
'
Mr. Dee: You are.
i.
Mayor Suarez: ... and wanted to make this a little bit more Like the
congressional system of referring people to the armed services academies, and
that -was the kind of thing that we all had in mind and it didn't work out that
way.
Mr. Dee: What we have proposed here and what you have in front of you is that
a person has to meet three qualifications: One, you have to be admitted to
the University of Miami; second, that they have to demonstrate some financial
need," not total financial need, some financial need under the congressional
-
method, and third, that they have to be a bona fide resident of the City of
Miami.
Commissioner Plummer: Nothing wrong with that.
Mr...Dee:-Once they meet those three criteria, every single person who meets
those criteria who is admitted to the University demonstrate some financial=
need and -is a bona:,fide resident of the 'City of Miami will be sent to you.,
From: that :group,` you may select none, some, or all of them` depending on ''the
availability of scholarships.
Commissioner'Plummer No, -that was`not the way it was supposed to be. 'It was"
not... that way you'are going to have fingers pointed that it's political. It
was my -understanding that the School Board has a group - what is it called? -
that dothe screening.
Mr Dee: They do -.have a screening board.
€:
Commissioner Plummer: They have a committee, what is it? It is call ed...
Mr:. Dee: They are called the CAP (College Admissions Program) Advisors;`I`
think.
Commissioner Plummer: CAP Advisors. That we, the Commissioners, will submit
to -that board any persons we felt eligible. They would go through the high
school for any students that were eligible. They would make the selection and
199 December 51 1991
ri'
t
t
+ na back to �e that thew were the :qualified applicants from which than We
ohooe. But I don't Want it to be a potitioal patronage kind of things
#}ui
1ha14
s g at
t w4�a�%C�i it
Mrs D+�e We11 let mexplains
F
Commissioner Plummer:We'went ;to extremes to -avoid that,,
tiz
Mr. Dee: OKi. They could certainly.do that, if that's your desire. We would
encourage: it.
Commissioner Plummer: I definitely.ii
Mr. bee: What, we donut want to do is put you in the position of sending° -you
twenty ,names and having you select five.
Commissioner Plummer: Don't send them to us, send them to the CAP Advisory
Board. If we have any names, we would send them to the CAP Advisory Board and
they-willadvise this Commission who is the most.deserving.
Mayor Suarez: But you are suggesting, and then Commissioner Dawkins wants.to
address this to, but you are suggesting a double filtering system where we
first refer, they then review and then somehow we make the ultimate decision
again?.
Mr. Dee: No.
y,
Mayor 'Suarez: No, no, I don't mean you, I mean Plummer.
Commissioner Plummer: No, no. What I am suggesting is the University of
Miami and all other interested parties, submit to the CAP Advisory... They
wi11 be ....the :ones. who will go through the list of applicants. They will ,then
=.
in,.turn. recommend to this Commission for final approval that list that they
find most deserving of those scholarships. It removes it from ;politics
completely, it does:, not preclude us giving 'them names, or anyone else giving
names. We would then find the applicants most deserving who meet the three
criteria. here., that. they; have to be a City of ° Miami'. resident, ':they have to
be..T.
�.
Mayor :Suarez: Well, we'agree on those, criteria. The question is who makes
t
.
the ultimate selection. Commissioner Dawkins, sir.
;:.
Commissioner Plummer: We do.
Commissioner Dawkins: I told you people from the very beginning;that.this was
"F
a';1arce. Yout just- heard the first criteria, they must be accepted by ,.the
Uni versi ty.of .Miami .. They, cannot, be i n , the:; process' of.: bei ng accepted;
cannot: -be accepted because they will have this money.* Thefirst criteria, -you
must'be,,accepted.by:the University of 'Miami. Plummer. Is correct. ;This`
was supposed �to,be screened -by. the Dade.County School:Board, applicants were:
,..
submitted, to. us and we.wouid select the ones;to receive'the.scholarships. And
li.
that!.s what was supposed :to have happened; and it hasn't happened and I don"tf
is
see it happening in the future.
4
i
t
200 December S, 1991
04, fie! With al1 due respeeti-Vi Hawkins.
,t
tr
M yb uarev ' Ire Imager, we havebeen trying to implement a$yst,� 6f.:
s holarshihs tioW, 'forget how many hearing this is. please, let us give:thf
a
,.
ouw un ivided attention, see if we can come - up with one that satisfids, ,it
t
l east Ahr tb i out of five here. The Herald may ,want to cover sometitiing enti rely`
p'
,.
different,"but this is the important matter before us now.
-
Mr, Dee: A couple of issues have been raised, I'll see if 1 can address each
one -of them.
Mayor Suarez: At your own risk.
.
Mr. Dee: First of all, the ordinance which permitted the reverter clause to
be lifted and for us to give these scholarships contains the provisions that
the student has to be admitted to the University of Miami. We can't give a
scholarship to somebody who is not admitted to the University.
Mayor: Suarez: I understand that, I understand Commissioner. Dawkins .has
problems with it'. I`don't, I understand what you're saying there. Hopefully,
you won't use that in a way to controvert our intentions here, and I don't
know...
Mr. Dee: No, sir. Our purpose is not to do that. We were trying, and the
Way this was designed, to provide the most flexibility.
Mayor Suarez: All right, but we've said everything on that, now, let's go on
to'the next point.
Mr. Dee: OK.
Mayor Suarez: Commissioner Plummer is still suggesting a whole 'different
mechanism here.
Mr. Dee: The CAP Advisors, you have to. understand.
Commissioner Plummer: The question that I have, if CAP Advi'sors,recommend. .a
4
student to Us 'you don't have the right to turn that student down.
F
Mr, . Dee: No, sir,no', it's not correct.,
Commissioner Plummer:, 'Am I correct?if
f
R
Vice Mayor'-Alons : ...-if it is not accepted.:
Mr: Dee: -You're not correct. The CAP Advisors help us find students. .7he
CAP Advisors `are volunteers in the school system that help with`the`placement
of people in college and help students in the schools throughout Dade County,
�I
including the schools that are located in the City of Miami, find college
_admission. Those people are advisors, they are counselors, if you "will, the
N"
CAP 'Advisors, And 'those people help people that are looking for, college'
money, that are looking for scholarships and direct them toward the University
�{
of Miami focusing on this type of a scholarship, or other need based
f
scholarships at the University of Miami, or academic based scholarships of the
t
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201 :.December. 5, �.:1.,r_
991
f'
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Rf
IkF
' ..
n rs ty.of Misinli. The idea was that we..i through the Commission, through
f't
SF
soiioitation of students from the community, whether it be through the CAP
,gvlsr�rsjn
the university- itself, or through members of the Cot�missiori handing
Out the`applioations Which we have provided to you, that we would get the bust
tol a peopl6'. who would -'apply for admission to the University. Oned -thb a
psbple..were'adm1tt6d to the University of Miami were qualified and eligible as
needing some financial aid, and third, being a bona fide resident of the City
of, Miami, they then would be eligible to receive this scholarship.
Mayor 5uare�s OK.
iCommissioner Plummer: Who makes that determination?
Mr. Dee: You,
Commissioner Plummer: Well that's fine.
Mayor Suarez: That's when it comes back to us according to his proposal. You
would like to see us have the final approval, but not really do the screening,
ande I'm not sure that we want to relinquish that part. Nows Commissioner
-
Dawkins. -
Mr. Dee: No, the way... I'm sorry.
Commissioner Dawkins: You know, I have to let everybody know that I do
understand college procedures for admission and retention. You cannot... the
only -people 'who give grants for the student to do what they want with is a
BEOG..BEOG grants are awarded to the students and the students take it to the
school that they want. Now, the University of Miami cannot give a grant to a
student that is not enrolled, but the University of Miami can tell a student
who-,-'i s desi rous ; of enrol l i ng at the Uni ve`rsi ty " of Miami , that :we wi 11 match
your.,..., funds and we will do this, this, and this if you enroll at the
University. The student does... but because the University of Miami has a
locked=in thing here, they take students that - and this my opinion, they take
students that they have already promised aid, or that they have already got in. .'
the financial aid package, "numbers that they are already 'Submitting to -the
federal .- government to meet the 'criteria that they are'''supposed "to meet; 'and
th"ey'say, you must come here. OK? That's what it is.
Mayor'.Suarez:'' What'is the mechanism that you prefer? You don't like the -'idea
that they then refer everyone with`the'basic criteria met and then we `go'ahad,
and select them by whatever?
Commissioner 'Plummer: ° .Mr Mayor,I am not -trying to. be the one",- that` ,.
Y.
designates -,-I am trying to beJair. And all I am saying to .You,- thereason
that we send 1t to the CAP Advisors was to keep it out of the political realm.
That if'the University of:Miami-had applicants...
Mayor::Suarez: But there was....
Mr. Dee: We'll do that.
i
Mayor Suarez: Right.
x'
;G
202 December 51, 1991
t r
aG 'k nt 001 Plug Oth Lit and 0iue you what happened last year.
'an�*.� It ��� ta■�y�i(L B3' fRk`�.jy' m^� � /y� ) ."Ay .}a�t '. ��.¢s rc
N6 dY yYU W& to do i t to we
?T
j
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mitt i thtri", umme'rs All of the applicants last year were dent by th+a
3
University of Miami.
=
Met pee: Yes, sir.
Commi ssl oner Plummer., OK?
Mrs. dh`ere were five.
Cornmise;ion`er" Plunger: And that was the problem that we had and why you are
here today,.
Mr. Dee: Right.
Commissioner Plummer: I would suggest that the applicants that you have be
sent-tb� CAPS Anyone we want to recommend; we'send `to CAP And then they would"
sent: them back to us for final approval. That's how I think 'is fair.
Mr. Dee: First of all, I can't speak for the school board.
Comnissioner,De Yurret J.L., let me add something here, excuse me
Mr'. Dee: Si r.
r.
Commissioner De Yurre: What's so wrong with being political?
Co missiover" Plummer: I Just=thought that it shouldn't be a political
spOari-o.
t x xa
Commissioner De Yurre: Well, why not?
Mr Dee: Mr. Plummer, may I suggest something? May I suggest that wesubmit
to. you° the=:`.name's, :and that 'you 'have 'the' ab i t i ty to' 1 ook at he -"others ; i f you
C '
like?
Commissioner De Yurre: I think what... look, what we've got to do is' we've
got to 'implement a program `wherein we can get kids out there. that ,°we can
ideritify,that would be worthy of being involved in this program. Kids that
,
may not,try`it for because they don't have the economic wherewithal to ;do
that "Hey,
we cou1� say, 1 i .ten; ° i f you get i n_; ou know, you ;,wi 11
Y get tte
k'
financial backing'." And we"should have a time certain for these students.:.
CommissionerPlummer: There is.
Commissioner De Yurre: ... to be admitted by and then from that poot.of
avarilabldYttudents,-we'make the selection.
Mr D'ee That's our 'proposal.
Vice Mayor Atonso: That's the way it should be.
203 December 5; 1991+
---------------
i
4' titY
it � 1
r � r'ark t � 1`hat�srwhatthey,were oropoeing.
-'
" " iies nett De "turret Wk mAkO the .select'ion, you don't give us, th-e po l=� .thy
�ei�l.a'ia ori�atedt.
Cturin►isai+oner pIUmer*v That's fine.
Mr Dee: : Ar>d you can give it all of therm or a few.
Mayor `Suarez: A11 right, why don -It we.: if there is a consensus for that,
Why" d6h I t1 we go-ri -withthat,-even though I know -Commissioner Plummer is ghtly
_
concerned that it might lookpolitical. Listen, before it looked like we had
ho ihvolvement-s now, maybe, it's -a little bit too much involvement.
}
Mr:.. -Dee: You _ got 1 t al 1.
Mayor Suarez: You can't have it both ways. Let's try -it, I think...
Commissioner Plummer: Let's try it that way this year and see what happens.
Mr. Dee: That will be fine with us.
Mayor Suarez: Yes, -I like the idea of having more involvement, you know, it
is embarrassing you know, that someone is going to say - presumably, each one
of'ds would recommend `two or something, right? Is that the...?
Commissioner Plummer: Yes, but Mr. 'Mayor,, when three of- your kids get the
grant:
Mayor Suarez: 1 know. If three of.my four kids get the grant,- we are oft
going .`to end up in... I am going to end up in jail. All right, we have: a
motion then to...
Commissioner De Yurre: He won't vote for it, he will walk away from the room.
Mayor Suarez: We have'a motion to implement that system as described.:.
1.
Mr..Dee: We'11 accept that. That will be fine. We are flexible.;
Commissioner Plummer: That's 'fine. For this year we: wi11 try it on this
basis,I:so=move. 7
4ayor'"s6arez:::,°.They 'decide the first... all referrals can be made directly to
them, they `:make sure that they meet the three basic .criteria, and then from
-
,:forward we select
that: pointthe ultimate-winners:of,it.
Commissioner Plummer: That's fine. Let's try it. s
Mayor Suarez: A11 _ right.
Mr. Dee: Thank- you..
204 December 'So 1991
S'.
- -
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77
'Al
0 111c�V+ad by CVnrnissioner Plummer, that's close,�n�11g�i
�k'.
�11 e , ioe yor Alonsbi You re OK with it! Call the roil. �r
r E f
fy�if9��iy��s:� i�rnnot,� � a� voting; against it. You di�dn't"ask �n6,
.birlt `you , s►sked i'i i
is
T
Mayor Suarez: Ao,nyou already told me you were against it. g
Cosririissionar 0Wkih6zi ; i'ni"sill right 'to' vote against it.
Mayor Suarez: All right, tha,t's what I anticipated because you said you don't
like the idea that'they.make the -initial determination of that criteria.
Commissioner Dawkins: OK, no problem.
f
Commissioner De-Yurre: Wel1i but they are not making the initial...
Mayor Suarez: On the criteria and of admissibility, that's what concerns
Commissioner' Dawkins.
CommissionerDo Yurre: Well, they have to be admitted.
Mayor can
MayorfSuarez:. i understand the concern, I don't know there is an
do about it.
Commissioner De Yurre: But, it allows us to identify an individual out there
ar�`d.`,say, hey,:' I i step; apply . for the UM (University of Miami),, if you are
accepted, and they have to be accepted, there is no two ways about that, then
you're"assured of getting...
Mayor Suarez: Maybe, that solves his concern, if you tell him, they have to'
be.`.accepted:.
Commissioner. De Yurre':. We11, they have .to>be, accepted,. if -.they meet;=:the
criteria.
Mayor Suarez: '0u'"mew they'' have to . be .accepted to. have "come, b ck :to us.7
`
A],l..right,
Commissioner De Yurre: Of course.
'
Mayor Suarez::I. ',thought you "meant .to tel .them...
C6*1ssioner'De :Yurre:No, no, no..
40
Commissioner. Dawkins: If they are -not accepted then they can't do college
Work, so.you're not helping them, you are screening them. We're not that
up here:
stupid40
Mayor Suareza "Right: OK.
Mr. Dee: We understand.
Mayor Suarez: Call the roll.
205 December 5, 1991
r', a, t —
� latf5
NO
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The 6win*4 , resolution way introduced by; Commissioner PIummer� ,,Vho "
{
erred its A�dootion. ,,
�_
r
z
RESOLUTION NO. 91-909
A RESOLUTION ESTABLISHING THE CRITERIA AND PROCEDURES
FOR NOMINATION OF AND AWARD TO ELIGIBLE INDIVIDUALS AS
- RECIPIENTS OF THE CITY OF MTAMT SPONSORED UNIVERSITY
OF,MIAMI SCHOLARSHIP PROGRAM, APPROVED BY RESOLUTION
NO. 89-1162t ADOPTED DECEMBER 149 1989.
i
(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 J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES; Commissioner Miller J.;oawkins.
ABSENT: None.
--------------------------------------------------------------------
,
64. AUTHORIZE ;ADMINISTRATION TO.:SUBMIT` AN APPLICATION TO HUD ON BEHALF ",:OF
�. THE; MIAMI RI.VEk INN: PROJECT FOR~ -A SECTION ' 10810AN ($2,400 000)1-' DIRECT
.MANAGER TO'.BRING _ISSUE -BACK FOR FINAL. -COMMISSION .APPROVAL.(IF 'APPROVED
BY HUD) TO DETERMINE ADEQUACY OF COLLATERAL PROFFERED BY APPLICANT.
-- - --- - --------------------- -- -
Mayor Suarez: We "have, ,Vice Mayor-Alonso has alerted me to the fact that
i,
Sa11ye;Jude,is _here on: a matteraffecting..."�`
Vice Mayor.Alonso: On the matter of..,
Mayor Suarez: ...the Miami River Inn.
Vice Mayor Alonso: The last Commission meeting, there was item 26, and itl,sl.
about,Miam1 River. Inn project. And,I think we. should give an opportunity to
Sal lyei-.Jude:-;and':-Herb Bailey to- explain to us and see if something cculd.tie
:..
accomplished.on this.worthwhile.,
b
206 December 50 1991
t 7 qY
t
no
Fir
Washington is going to agree* In facts the only thing we're asking here today
is thp:.oarmission to Submit, 1t for their review to: see if they, would approve
r
a maniasfort hi ype o purpose.
Mayon suarez: ::section 106
a.
-
Mr8,Bailey. Right!*
Mayon Suarez: it's administered by HUD (Housing and Urban Development),
rights Herb? Administered by HUD?
}
Mr. Dailey: It's administered by HUD. They make the decisions on the term,
the ;gate, and all of the particulars that will be involved .in terms of the
~
repayment. However, I found out about it even though it was already public
knowledge when I met with Secretary Jack Kemp when we were complaining about
not having>economic development money in the inner -City projects. And, .of
course, I was embarrassed when he said, we do have Section 108 and you can now
borrow up to five times your.annual allocation, and you can amortize it for20
years. That should be sufficient to use for any worthwhile projects. So, at
the --.same time we were talking with the Miami_ River Inn and Sallye. Jude_ and
trying to overcome the problems because of the failure of the banks. And the
-_
construction loan could not be refinanced for a permanent loan, and she was
sort of in a difficult situation. And at the same time, we were also
proposing to do something for East Little Havana on the river, to do some
development there,, and we thought this would be an appropriate place to start.
And that we would try this. -particular process to see if it works. And we're
asking to submit the application so HUD can tell us whether or not it is
something:that,.they would agree to do.
Vice Mayor Alonso:: So all action that we're taking today is just allowing
that it be:presented and it will be...
r
Mr..Bailey: we, submit it. Yes, you're not approving a thing other than
,That
-just giving us permission to submit it for HUD's review and consideration:`.
Commissioner Plummer: What is the amount?
Mr. Bailey: Two .point four million dollars.
Commissioner Plummer: And what obligation. -is the City under if a,default?
Mr, -Bailey: On;a Section .108,you are pledging future revenue from your CDk
f;
;;.
grant:
N;
t
Commissioner.Plummer: What is the value of the property there presently?
4
Mr. Bailey:` We have proposed that the same collateral that has been given the
f`
bank,:which is fare in, excess of the $2,000,000 that's due on the property,
that she has pledged all of her personal assets, plus the property itself, to
�
be us'ed:as collateral in the event of a default.
Commissioner Plummer: Does that adequately cover the amount of the
construction loan that's outstanding? -as well as the 2.2?
'
y
ft
208 December 5, 1991
31.
Thtvalue 6f ghat is pledged far exceeds the amount of the loan,
missloner. We would want to accept the same paperi.isee, the way it
kyogir;
�i Bsheha►� the�rconstucti on loan r1 th collateral pt edged Normal ly,�, after
tlieieo etructidn, you vrould` get a permanent financings Because of'the �eCOMMy
and the banking Situation, that 'became difficult to do in that -neigh borhoodiO' L
rihlssioner plutner: we would,, have the right 1f, in fact, gran°tad to
doteMi ne that the Collateral is -adequate before the loan was givens
Mh galley: Yogi we could make that consideration, yes,yes. the answer 1s
yesi
6mmi ssiones Plummer: Because I'm really - and this is not detrimental to
you = ' but I'm fi ndi ng it hard to think that that particular, as I know the
Rider 'inn, that it is in excess of value of $290000000. 1 think you'd be hard
pressed'to try and determine a value of that location at 2.2 million` dollars.
Mr. Bailey: This ` also includes the completion of the restaurant on the river.
-
to�rrnisaioner Plummer: Well, you see, those are the things that I've got to
know:
-
Mr'. Bailey: ' Right.
=
Commissioner Plummer:'' Because as it stands today, I'don't think the value of
that that-is`there is $29000,000.
Mr.` Bailey:` Well, we are looking at land adjacent to it for other housing
purposes. Inland alone, they're asking 1.3, 1.4 million for land of similar
size. This is'a new building. The construction actually took place at this
cost. We're really refinancing a cost of construction. So in terms of actual
cost,"dif the project, it does represent two million. The acid test on the
market, it could be anything. We don't know that.
Commissioner Plummer: As long as we reserve the right to adequately protect
i-
the'Ci ty..* i
`.
Mayor -`:Suarez: Wait a minute, wait a minute. The newspapers - media and.
otherwise - if you want to have your discussions, that's not the place to do
%Do It inside the offices.' That hallway is supposed' to be cleared of,,
:!
people coming in and out of here. It really is a lack of respect for these
proceedings. I'm sorry, ma'am.
M.
Commissioner Plummer: As long as we have the right to protect that the
co11ateraI``is in 'excess of what the loan if in default, then I would vote
'
favorably to let you go ahead and proceed.
Mr. Bailey: We will have that for your review.
Commissioner Plummer: To proceed means nothing more than if it's granted, it
comes' back- here."
Mr. Bailey: It'comes back here, yes.
i
209 December 5, 1991
:1
r of
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cQi11 illioner P1umter! That8
Mayor uare t - That � would; be necessary for My vote. I have to te11 'you j� '. I
haw no idea how you got yourself into this fix of having personal guarantees
and all of this. Maybe I should because I've been aware of the project. But
it is a. bugh 0116 Thinking now, not as A local government applying for
federal funds, which if we don't get them, somebody else is going to get them,
t#
but it's a tough sell thinking that this is a real real high priority of local
governments We were talking about the Latin Quarter Specialty Center before.`
And there you see a situation where we think that certain capital, commercial
capital improvements) have to bemade to bring the neighborhood back. And
that somehow that's going to enhance our tax base. And it's going to improve
the lives of all the people in that area the same as other areas of the City.
The Miami River Inn is a tough tough sell within the context of all the
programs that we could apply over $2,000,000 to build. It's in a very tough
location.
Ms.>Jude: I think you need to come and experience it.
Mayor Suarez: People are just not aware Of it. They're not aware of it being
there.
Ms. -Jude:- Well, I just returned from London with the Greater Miami Convention
Bureau. There's a lot of excitement about this type of use. I have to tell
-
you that the only place they know of is Orlando, Florida. But when they come
-
back for their second visit, they're going to look at Miami. And right now, I
have the KML Band there. We're running at about 50 percent occupancy, and
people loving it.
=
Mayor.Suarez: And you've got your own personal credit involved in this?
Ms. Jude: Right.
i
Vice Mayor Alonso: Yes.
Commissioner Plummer: How many rooms do you have available?
Ms. Jude: Forty.
Commissioner Plummer: Forty. We might suggest that to Eloy for the visiting
ships.
Mayor Suarez: Absolutely.
Commissioner Plummer: What are your rates there?
Ms. Jude: In season rates are $99 for two people, breakfast included.
Mayor Suarez: For two people.
Commissioner Plummer: No, we've of a rate right now - 9 g of $70 for four.
.,.
Mr: Bailey: Let's negotiate.
;
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210 December 5, 1991
r ...
F�!S
IT t
Z
t 116ianer Pluiii Ir,-:, ., We1I hey, hey,
'
Ma: : you << bring vol umd i mean, we deal with wholesalers, wrote
kcra
�{.. p�guy
4�i1t1 �i{st�. i i
�
mayor Suarez: They got a bunch of sailors we want to put over there when...
Ms. Jude,. We're going to make it, and Mr. Plummer, we're going to be the ones
toshow-you:first6
Mayor Suarez: The area can use an uplift,, and it certainly can use'the help
of this. It would be...
Ms. Jude: And we're employing people from the area, and we're starting a
neighborhood organization that you're going to see is on the map. There's a
'
lot more, happening. in that neighborhood than you know.
+i
Mayor• Suarez: That would be very helpful. That would be very helpful,
because if we at least get the spillover effect of your commercial involvement
there :; n .organizing that neighborhood which has been very silent, as opposed
to Edgewater and other parts of the City that are never silent.
Vice Mayor Alonso: Actually, what we are doing is granting the opportunity to
apply and if acceptpd,i it will have to come back to us forfinalapproval.
Mr. Bailey: It comes back to us, yes.
Mayor Suarez: All right, so moved and...
Commissioner Plummer: Where•is Sergio? Would you please bring to Sergio, who
l-
always defends °the Code :Enforcement Board, that this woman would be helped
tremendously if• he would take his Code Enforcement Board --down there in and
around and under; the ,F1rst.Street and Flagler Street' bridge; and clean that'
damn mess up.. I`tell:you, one of the reasons she can't rent is because of the
odor from the fishhouse.
-
Mr. 0dio: We11,..they got fish:...
Commissioner Plummer`: No kidding, they got fishes inside. What would you
have in a fish house?, But they can surely clean up their act.
Ms. Jude: Thank :you..
Mayor Suarez: All right. So moved by the fish, Commissioner Plummer...
J`
T'
y
Commissoner:_Plummer: What do,you want? Why are you bothering me?
t
Mayor Suarez: ...and, so moved... that's...
Mr. Odio: I wanted to know, Mr. Mayor, the...
Commissioner Plummer: Where is the Ernie Latin... where is the Latin Ernie
Fanato? Call him back.
,.
it
211 December 5, 1991
07
ti It
bdiOI
.: . M11,problem: is� t bus realized that he was 55 years old yesterday:
bhssoher Plurrrtititer: The day before yesterday.
'
Mr-Odfio: Oh,,.the day before...
Mayor Sl:arev.. AhWe should have had a cake. That would have done it.
r
s
Mn . Odib f �; ° ire shof�l d have had a cake.
�
Mayor-..5uarez: Usually Miller remembers those things. All right, we have a
-
motion :by•Commissiorier Plummer:.-
y'
<<
Cenimlasionar; P1Urbo.r: You mean the senior citizen? Yes, sir.
Vice': Mayor. 'Al ohso: Second
Mayor' Suarez: Seconded by the Vice Mayor. Any discussion? If not, please
call ttb rb'l'l. = ,
The 161.1owin9 resolution was introduced by Commissioner Plummer, who
mnVed,44its �adopticn:
RESOLUTION,NO. 91-910
z}�
�ARESOLUT.ION, WITH`ATTACHMENTS, AUTHORIZING THE CITY
_
MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO THE
UNITED"STATES DEPARTMENT OF. HOUSING ,:AND URBAN
DEVELOPMENT ("HUD"), IN SUBSTANTIALLY THE FORM
;ATTACHED AND ACCEPTABLE TO THE CITY ATTORNEY, FOR A:,
$2'.'4 `MILLION LOAN -UNDER:-, THE HUD SECTION 108 PROGRAM
FOR' -THE PURPOSE OF REFINANCING A PRIVATE DEBT EXTENDED
TOTHE MIAMI RIVER- INN':PROJECT; ''FURTHER. DIRECTING ,THE;
> ZI:TY�--MANAGER TO. BRING THE HUD APPROVED LOAN :BACK TO
t
THE= CITY COMMISSION FOR FINAL APPROVAL TO DETERMINE
- ADEQUACY OF" COLLATER& :::PROFFERED TO THE CITY BY THE'
OWNER OF THE MIAMI RIVER INN 'PROJECT.
N
(Here follows body of resolution, omitted here and on
55
file in t e Office of the City Clerk.)
h
Y��ki..'Y' +�5�zr ,� 'ax .. -- it .•,, ,,. ,.. ,.,rt. ,. ., ,...r -.,, _...-., r,' .. , _... r i-3v"'t
Upon ' being = seconded r by Commissioner Al onso, the resolution was,t passed
adopted by the -following vote:
and
s L
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212 December, 5, 1991
.
! b ! w = iT
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OftieaiOtte r+Vie tor_Da yurre
�
Cftissioaer Miller J, Dawkins
s
:Cotfnissione r j L. Plummer, Jr�
�
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+�V-i ee- Mayor° Mi ri am'Al onto
k
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Mayor Xavier L. Suarez
r' y.
NOES i None.
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ABSENTv None.
`"
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11��iiilHYi��iid'�i�'i®IIIYiYiY�6lYY.irfYliiiiYYf YIir YYLi11{ Yii11if1iH�iiit iiiaiYfiillYi�Wi WYIYiYYiiiiiiYif�.i Yi 0i.4i WiY�Yw iWY�i GY1GiY,iiGYYGii1i. YL iYiilliliH
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65� GRANT REQUEST FOR PROVISION OF IN -KIND SERVICES FOR THE PEQUENA HABANA
LUZ-'Y ESPEEANYA CELEBRATION TO DECLARE IT A CITY -SPONSORED EVENT.
V.Yii1Y�iri➢Wir�iir,.i.l.Y----w----ilr--------Y—YWor-----iy----Wiii�iILiUii
Maydr Suarez:- We're on 397.
y
V.ice MayorAlonso: OK, this is in reference to the Pequena Habana, Luz y
Esperan�a, Pequena Habana Light and Hope and is... you have a resolution in
_
feont ofxyou.
THEREUPON, VICE MAYOR ALONSO READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
And you have at the back the list of different events that will take place
from, theI,l4th through January 4th. We are going to light 8th Street and we
r
are going to have this series of events during this period of time. And the
rest of the "funds I . have obtained from private sector, and there is ,.no City
_.
money to be used in this project.
'
�t
Commissioner Plummer: Well, what is being asked of the City?
Mayor Suarez: Their use of street easements and closures of that sort, but
none of,tUem involving ,any expenditure.
3
Vace,_MayorrAlonto: ,Yes, it is'the:understanding that the street closure has
been approved, yes.
MayorSuarez: And to the extent that...
Vice Mayor-Alonso. And just for three hours one day. No further closing of
kPl
-streets;:w111 °-take=place:
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}
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Mayor Suarez: ',To'tht extent4that there As any -,easements need or anything
.
F
e] se, that's also included.
x
Vice Mayor Alonso: OK.
Mayor Suarez: OK. Do we have a motion on the item?
N'
=
Vice Mayor Alonso: Yes, I move.
Commissioner Plummer: W6110 Mr. Mayor.
7
213 December 59991
Commissioner Plummer:
requested.
.. that we are legally empowered to do what is being —
A. Quinn Jones, Csq.-- Let me just make it clear for the record and to just
reiterate what I have already previously advised Vice Mayor Alonso. This
event is perfectly permissible as long as the secular aspects of the Christmas
holiday are observed as opposed to the Christian aspects which symbolize the
birth of Christ. Furthermore, there is a prohibition, and of course, the
latest supreme court case has indicated this and I've further advised Doctor
Alonso that there absolutely be no display of nativity scenes, creche,
whatever. The latest supreme court case has totally prohibited that and made
a pronouncement that, that would in fact be a pronouncement of... I'm sorry, a
violation of the establishment cause. But to the extent that Christmas is
celebrated in the City as a.., supporting this as a secular event, the holiday
itself and not the religious event is perfectly permissible.
Vice Mayor Alonso: So, Frosty, Santa...
Mr. Jones: Frosty, Santa...
Vice Mayor Alonso: ... Christmas tree, canes, and bells are acceptable?
Mr. Jones:: Are acceptable.
Mayor Suarez: There you go. All right.
So, we have no problems.
Mayor,Suarez ,OK. With all the caveats and...
Vice Mayor Alonso:
Commissioner De Yurre:
Mayor Suarez:
And they are going back again.
�x
All right.
214
December
5,
1991
��ilsbi000rbe �'urres DK, what are the Costs of the out of pocket exponsas
5
the i rI kinds?
'}
n+
V4to Mayor. }aIonso-., This morning we approved also, in -kind contributions�.s�f
this°:Comntission'is not,willing to do to, I will pay It too.
Mrs Frank-= Castaneda: Thirty police officers,- three sergeants and one
lieutenants
�'
Vice mayor Alonso: I don't know why I need thirty police officers in any way.
i
Commissioner De Yurre: For how long?
Vice Mayor Alonso: Three hours.
Mrt Castaneda::=Including overtime.
Commissioner Plummer: What is that, three hours per day?
Mr. Castaneda: No, it's:.only day, the event that -they need police officers.
They need police officers for one day, Solid Waste, and...
Commissioner Plummer: What is all of this here that I've got that says,
Saturday, 14th, Friday 20th? -
Vice Mayor Alonso: These are the different events that will take place, and°
those,:with the exception:of the first day, -:it will be on private property.
Commissioner De Yurre: On private property?
Vice -Mayor Alonso: And no closure of streets:
Commissioner De Yurre: What about, ..,are you going -to, need
ViccMayor. Alonso: I beg'you,pardon?
Commissioner De:. Yurre: Are you going to need police, for ,-a1.1. these different
events?.
Vice Mayor Alonso: Just the 21st as it was done last year.
Mr. Castaneda. Right. That s just the parade.x�Y
Vice Mayor Alonso: I don't know if they will decide that we will need special,_,'
services of. -the Police. Department*:-
_ ,w
Mayor Suarez: .How did we,fund it last year?
Vice Mayor.: Alonso: :'Ipaid. And.some officers came and., donated, their. -;times.
y:
Mayor:Suarez: Oh, :and ;volunteered.
5
S
e1
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215 December 5, 1991
commissionercommissioneri tie Yurres Weil how many, & I need to know exactly what We Aire
_
}
talking about .NOW Many -dollars are We talking about in -kind?
r
Mr, Castaneda: For the day of the parade, we are talking about,6, we sire
talkingAbput fifty-five hundred dollars for police overtime, and five hundrod
}
dollars to Solid Waste,
Commissioner De Yurres That's six thousand for one event.
°?
Mrb;Castaneda: that is correct.
Commissioner De Yurre: What else do we have?
Vice Mayor Alonso: What do you mean, six thousand?
Mr. Castaneda: Well it's fifty-five hundred dollars for police overtime -
that wa are going,to pay overtime r that's an issue.
Vice Mayor Alonso: Why do we have to pay overtime?
Lt. Joe Longueira: It's an off -duty rate, fifty-five hundred dollars.
Commissioner De Yurret OK.
Lt. Longueira: -1 was told it was the--off-duty rate at fifty-five hundred
dollars. _
Commissioner Plummer: Well* the problem is that anytime it's a City sponsored
_
event, it's time and -a -half.
-.
Lt: Longueira: Is the City giving them money? Then it turns to time and -a-
s
half.
Commissioner Plummer: That's the union contract. That's the problem.
Mr. Castaneda:. That's fifty-five hundred dollars.
Vice Mayor:-Alonso: 'Then forget it.: I'll pay it, forget about that, just give
the =authorization for the `event and I'll pay for i t. But I am not -going ; to
pay time and=a-half.:. ,
�fe
Mayor Suarez: Right.#
Commissioner Plummer: You don't have.to.
� Y
Vice Mayor Alonso: Because I think enough is enough. I have 'had to obtain
f^
fifty-three thousand dollars to have the decorations in 8th Street for the°
first time and I got the money from the private sector. I was able to get
ten thousand dollars to get the installation. I had to go and get almost.
seventy,-thousand"dollars and now, if I have`to pay also for something that is,,;
,.
given 'to -,any organization that come' and ask- for this; -I' think �I `should°not be .
;
paying time".and-a=half, 'I- should be paying less,` because ;I am doing this 'for
the �'benefit of the area, for the benefit of the City of -Miami, only "when -d
think of the kind ;of exposure, positive exposure that the City" of Miami';should
F
�s
216 December 5 1991
f
t yn
4^
have through TV and Special prograrn, half -an -hour program, it's worth this
4
nioneya 'But -if softie members of this 00mission have problems with that, either
i write a personal 6e09 or I obtain that from private sector.
MayOt 5uare2t I'll be happy -tots,
Vice MayorAlonsot Because I don't=want to make a big issue -of something that
I believe is important for the City of Miami, and it's done in this Commission
dailyt but if it's not something that is acceptable because of the person
that present it, or because it is for Little Havana, I gust think that we
should not really waste this Commission's time arguing about this topic.
Mayor Suarez: .1111 be happy myself to help out with the financing.
Vice Mayor Alonso: Thank you, Mr. Mayor.
Mayor Suarez: And I see three likely candidates back there in the back of the
Chambers that are just dying to contribute to this, Mr. Jason, Mr. Kapustin,
and Ms. Landis.- Not to mention Mr. Minagorri, who is now hiding but has
incredible access to private support.
Lt. Longueira: If the City puts money to fund the event, it's time and -a -half
overtime. If you don't, then it's off -duty rate.
-
Mayor'Suarez: Yes, the moment you go to non -city sponsored, you go back: -to
regular rates. And the possibility of private less expensive security.
Vice Mayor Alonso: I like this.
g.
Lt. Longueira: Maybe. If the Police Department thinks that that's feasible,
yes, sir. You know, but when you talk aboutparade...
,-
.a
Mayor.Suarez: And the union head who wants...
Vice- Mayor Alonso: I'm sure- you are going very kindly to say, yes, it's
feasible.
Lt. Longueira: No but when you talk about a parade,- closing streets,;
-limiting vehicle and pedestrian access, and the liability concerned with it, I
don't know if you want just anybody in the public and private security doing
i t.
Mayor Suarez: And the union president was dying to get involved in this, and
cooperating, and volunteering, et cetera. I think we can work this out.
L't. Longueira: OK, if you think.
Commissioner Plummer: BUENAS SUERTE.
Vine Mayor Alonso: So where do we stand? Do we... What is the situation? I
`
have 'to know what it is so I .have to know what I have to obtain; or.:where yta .
;
go because"It seems to me ridiculous the way that things are,done.in the.C:ity
.
of Miami -lately. This is a very important project for: that area and:,itr.seems
that<every: time we are trying to do something positive for the community,
something gets in the way.
217 December 5, 1991
9
F f A..
a
1
tfi , r
Commissioner.Plummor > We11, there is thei,.-
IN
lice Mayor -Alonzo., I think the decorations in Bth Street, just the effott,
t{
should not even get this negative reaction from this Commission to try to stogy
in�kind contributions.. I've been courting to the City CorrnissiOn meetings for
the last fifteen years and I have seen time over and over that it's approved:
Commissioner Plummer: My suggestion, if you want, is an alternative, take it
rk
out of being a City event, sponsored event and then just give a grant of money
and it's the regular rates
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner.Plum er: What? That's the way it is circumvented. If you give
at grant acid not a City sponsored event, then it goes at the regular overtime
rate, not time and -a -half.
Lt., Longueira: No, no, no.
Mr. Odio: Off -duty rate.
Commissioner Plummer: Off -duty rate.
Vice Mayor Alonso: The problem is not this Commissioner,, the. problem came
because Commission, De Yurre objected or questioned that we were receiving in -
kind contributions.
Commissioner Plummer: We give a: grant to an organization,-they.pay you,: we
don't.
Commissioner De Yurre: No, you're wrong. My question is, I want to know what
[
the cost to the City is'going to be in in -kind services, police, trash,, solid`
_
waste, and everything else, which is a very legitimate question. I just want
toknow what :it is going to cosh.
Mayor>Suarezr Yes, we ask that of every project,- and we just don't have -the
money. It's a very worthwhile one and .we should all get involved,in it and if
you would...
Vice -Mayor _Alonso: _ Mr. Mayor, how come we approve constantly? We did::, what
was that one called? - Mile, what was the name?
Commissioner°;De Yurre:. The Miami Mile.
Vice Mayor, Alonso: ;'And how'much it cost in in -kind contributions? -.because
police services was givmto,themi How much it was?
Commissioner Plummer:: It°was not a City sponsored event.
Vice Mayor Alonso: Well, I don't know, butthe moneywas given to them. 'How
3
much it -cost .to the City: of Miami? May I get the numbers of how much it cost?
And in this event, it's not going to cost the taxpayers a penny, because I am
b
going to be sure that I 'get the entire money, and it will not cost a penny.
218 December 5, 1991
�i
But I think we should put on the record that there is a distinction of what'
project do we like and what project we don't like, or who presents the
project, or this distinctions. And I don't think it's right, because this.is
important. The merchants in Little Havana are excited about this, the people
of 8rickell Avenue area very excited about this; everyone in Miami is saying,
we ,were not going to have downtown with light, now we are going to have it in
8th Street, going down to 9rickell Avenue and downtown, it's a positive thing
in Miami, and then, everything is questioned and put on a negative light,
rather than being positive that something is done. You know, it's not easy to
go to the private sector and say, hey, I need seventy thousand dollars to be
able to do this project. And by the way, this is a project that I am
guaranteeing with my signature on personal basis that it's going to be done
for three years. I know that three years the lights are going to go on, and I
am signing personally to guarantee this for the City of Miami. I think
something has to give here. We have to be a little bit more honest with
ourselves when we do things around here. Could you get me the numbers of the
last six months, how much it cost. Mr. Mayor, I really think that we should
really look at this in a different light and not things that some people
saying back here that this is funny. I think this is a very serious project.
It's something that is very important for the City of Miami, and I don't think
this is something to take lightly and think that because we don't like someone
or we want to make jokes to laugh, or a staff laughing about this, I don't
think this is something that it should be addressed the way that it's been. I
think the respect is in order and at least this Commissioner is demanding that
I be respected, the citizens of Miami be respected, and the people of Little
Havana have some respect, as well.
Mayor Suarez: Absolutely, to the extent that that was not the case. People
better be very, very careful on discussions up here. We have had many
interruptions today. We've had the media having private conversations, we've
had staff of the City doing that and that's got to end.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner. By the way, my particular stand ,has been
consistent, I think, on every single project of this kind. If there was any
way to put it under an existing City budgetary allocation, I - would have no
problem funding it. I did vote against the Miami Mile, I believe.
Vice Mayor Alonso: Yes. Mr. Mayor, I'd like to know how much it cost the
City and I want this to be brought to us before the session is _adjourned
today.
Lt. Longueira: Commissioner, if a -separate group pays for it, it's .about
fifty -.five hundred dollars. If the City pays for it it goes to time and -a -
half for the officers and it'll be... I can't be that precise, but nine to ten
thousand dollars because it goes time and -a -half.
Mayor Suarez: It's the strangest formula that I've seen in my entire life.
Vice Mayor Alonso: Yes. As a matter of fact, the... Frank Castaneda knows
that I was paying for every penny of it.
Mayor Suarez: Commissioner.
219 December 5, 1991
pt a s ' i r vr.rr
r s
Mi
Y
�
Vito Mayor Alonso: This morning, they suggested t0 n'le that if it's dons 1 n,
r .
�IIll �bthtr. 006011 Why we couldn't go this way. So, I said it makes sense
So, 1at's go this ways But since it's not acceptable, we will continue with
4
the evant _ will pay, and ,I don't 'know why it should be ca11'ed a City; of
14fti event, because the City of Miami is not really behind this.
C"issioher Plummer: It's in the resolution.
_
Mayor Suarez: Except I guess, to the extent of subsidizing it, no, but to the
extent df`'supporting it...
Vice Mayor Alonso: Well, I wanted it to be a City of Miami event and I felt
-that everyone in this Commission...
Mayor;Suarez: Making the City streets available, yes.
Vice Mayor Alonso: .. was going to be behind something that the community is
willing to come and donate this amount of money. And I felt that it was worth
calling it a City of Miami event, and to make it positive. And it had to end
like -this.
Mayor'`Suarez To the extent that the City is making streets available and
other services that are not...
_
Mr. Castaneda: Commissioner.
Vice Mayor Alonso: No other services, Mr. Mayor. I am paying for every
single service that the City of Miami is providing.
Mayor- Suarez: Easement, and streets, and the time that we've spent up here".
Commissioner De Yurre wanted to... you want to say something?
Commissioner De Yurre: Yes, yes,Mr. Mayor. We wasted about eight ;minutes;
at- .least, listening to Commissioner Alonso. If Commissioner Alonso were to
listen to what I have said. All I've asked is one question and that is, what
's--Ue cost to' the City? If we are 'going, to be' financially responsible;` the
=least that-'we'owe to our citizens'.is, how much is it going to cost. That does
not mean that one opposes the project, that does not mean, that one is going to
vote against'`the" project:` .I think that' we need to be"intelligent"up' here and
understand what we are voting for so that it doesn't come back to haunt us.
think it's"
important that we - know exactly what the cost are that we are.
,.
talking about. And if it's something that's sensible in comparingit to the
4 .
project;which'"is Oowwhat`Iive heard, -seems like a very good idea, then we
make that decision. But we are jumpingthe gun here, getting all excited
about` nothing because I've only asked a 'question that needs to be answe'red:.
-„
How much are -we talking about? 'That is all that has been asked here.
J
!
•
Mr. Castaneda• Commissioners; what we are `talking about is °thirty police
.
U
officers,:: three sergeants, one lieutenant. In. overtime rate that translates
to five thousand dollars.
t
Mr. Odio: -Off-duty. ,
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220 December 51 1991
q
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4 RZCd
castamidat No, ovartime rate, I'm sorry.
Mr"� Us�aneda: 'that's the figures I have from your staff r fifty-five hundred ��
dui -
,
Mayor s`uarett It's whatever you tall it. It's the rate applicable to this
kind bf thing. It's not:overtime in that sense, whatever.
Commissioner Ce Yurre,. And what about...?
Commissioner Plummer: Wait, wait, hold on. I've got a Problem when you tell
}'
me,. one, :thing, And' he: it arguing with me, telling you another. I've got'a
problem with that. First of all, who made the determination... is this a one
bl ock., eventT
Vice :Mayor Alonso: Let me explain how it will be
Commissioner Plumper: Because I'm questioning the need for thirty police
Officers.
Vice Mayor Alonso: From 17th Avenue...
Commissioner Plumper: Yes.
,
Vice Mayor,,Alonso: .. through 27th Avenue...
{
Commissioner Plummer: Ten blocks.
Vice Mayor Alonso: the school bands will come and meet in 22nd Avenue.
As -:,they walk toward 22nd Avenue, . the streets wi 11; .be open, that's.; all we need..
And we will meet 22nd Avenue. That's where we will turn on the _lights 'and,the
event.rwill; start, and it will last ninety minutes, everything together, from
seven until ten. That's all.
Commissioner Plummer: Are you doing it like Calle Ocho up that side street on
22-nd=.Avenue; or, in the intersection? •_
Vice Mayor Alonso: We are going to advance to where the Casa Blanca location.
e
Commissioner PIummers Banquet Hall?
Vice Mayor:Alonso: Banquet Hall - That corner.
r
Commissioner Plummer: ;Well, .'I guess .the real question that I was asking
r
Fl
first, is there the need for thirty police officers?
Lt. tongueiraCommissioner,Juan Aguirre, who does this all, the time forus�
dete`rntined--1that's the number.' It's based..., you know, this isn't a. new event,
y
it's been done before, we have experience on'this event. It's not just that
"
street, -that's the.concern. ,When you have shut down streets_, there is detour
to the s ider streets that have to be traffic rerouted. It affects more than
r*
8th street.' So, yes; -it; takes :thirty officers.
221 December 5, 1991
h tC` .:dIF1{,4r......
.,
C,r k
0,z�'ts Mar Sara:..=:ouhd very h`ighr it> sounds real�y, really, high. ;t, �►taa,
igueiea: IWel1.'; ,.
Cor�rmistioner be Yurre: So what's the amount?
Lt...Longueira: drank has something here from someone in the department, not'
me, `-that styt,,forty-six hundred dollars"
Commissioner De Yurre: What do you say?
Lti Longueira: You want to do it for forty six?
Commissioner De Yurre: Well, give me a max. What do you say?
Mr. Castaneda: plus nine hundred.
Lt. Longueira: And plus nine hundred.
Mr. -Castaheda: That's fifty-five hundred dollars.
Mayor -Suarez:. We keep this up$ pretty soon, it's going to be -free, -you know,
the way you guys:.are heading.
Commissioner De Yurre: Fifty-five. So, we are talking about fifty-five
hundred. What about Solid Waste?
Mr. Castaneda: Five hundred dollars.
Commissioner De Yurre: So, we're talking about six thousand dollars?
Mr, Castaneda: Right.
Vice Mayor Alonso: Frank.
`=
Commissioner De Yurre: OK, that's it, that's all we are looking at?Right?:
Yes= or, no ' Anything >el se?
Mr. Castaneda: The other issue is that by becoming a City event...
X
Commissioner De Yurre: Fire rescue.
,.
Mr. Castaneda: By becoming a City event, they do not have to carry insurance.
m
They'.are covered under the self insurance fund.
Commissioner De Yurre: OK, fine. What about Fire?
Mr. Castaneda:` x understand that Fire said they were going to do it on duty..
--
'
Commissioner De Yurre: Say what?
;r
Mr. Castaneda: Fire was going to be able to do it on duty._
222 December S, 1991
...�
t }. S
rl.NrlfY�.l
l�ner,' Ce i�urre: Cif,o` we are tat ki nag about six thousand dol iers
issioner P1ur�mers Wait aciinute. If Fire -is going to do itn dust', shy
oanft the,policedo it on duty?
Mayor suarev, Aecause you're redeploying...
�zh
Commissioner Plummer: Nell, you've got that many, sitting around the police
4
station doing nothing.
Commissionerbe _Yurre: Mr. Mayor.
Mayor Suarez: Everyone above the rank of Captain is expected... Captain and
.
higher is expected to be there and monitor this. I like that.
Commissioner Plummer! Can't find them after five o1clock.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Y. think, if I remember correctly, they don't collect overtime
either. Yes, Commissioner.
Commissioner De Yurre: Mr. Mayor, I move that we give six thousand dollars to
this event for this effort. That's my motion.
Mayor Suarez: 5o moved.
Mr. Castaneda: As City sponsored? -
Commissioner De Yurre: City sponsored, six thousand dollars.
Commissioner Plummer: You want to second, or do you want me to...?
Commissioner De Yurre: We11.
Commissioner"PIumner: Second.
discSecond.AnyMayor`Suarez: ussion? If not, please call the roll.
J
223 December 59 1991
t x
�k �T.r f
Was intrOdueed by Commissioner be Yurre,
RESOLUTION NO, 91-911
A RESOLUTION RELATED TO PEQUENA HABANA LUZ AND
_ESPERANZA CELEBRATION TO BE CONDUCTED IN LITTLE HAVANA
FROM DECEMBER 14, 1991 THROUGH JANUARY 4, 1992;
DECLARING SAID EVENT A CITY OF MIAMI SPONSORED EVENT;
AMENDING RESOLUTION NO. 91-856, ADOPTED NOVEMBER 14,
199l, THEREBY RENAMING THE EVENT FROM "NAVIDAD MUSICAL
IN LITTLE HAVANA" TO "PEQUENA HABANA LUZ AND ESPERANZA
CELEBRATION" AND BY ELIMINATING THE REQUIREMENT THAT
Whe
rt
THE EVENT SPONSORS PROVIDE INSURANCE, PAY FOR ALL
NECESSARY COSTS OF CITY SERVICES, AND APPLICABLE CITY
FEES ASSOCIATED WITH SAID EVENT; FURTHER ALLOCATING
FUNDS IN THE AMOUNT OF $6,000 FROM THE SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR THE
PROVISION OF IN -KIND SERVICES FROM THE DEPARTMENTS OF
POLICE, FIRE RESCUE AND INSPECTION SERVICES, GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE, AND PARKS AND
RECREATION.
(Here follows body of resolution, omitted here and on -
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following voter
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I have to be*consistent. I would contribute to it but I, with .
City funds, cannot vote for it.
Vice Mayor Alonso: How much?
Commissioner Plummer: Wait a minute, you're voting no?
Mayor Suarez: I'm voting no. All right, I voted no on the Miami Mile too.' i think I am _being consistent since the beginning of the fiscal year:
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: We'll put you in the Tower theater.
.T
224 December 5, 1991
x v
9A
y
1
tr to lMl el~ Alonsd' but YOU Votad yet this morning ,
L
t
r k
Mayor uaril On whi+�h7
NMI
��$
,
''Mayor,
;
domnlissionar Plumart Mr, may i bring up67
Mayor Suarez: Not no, no, I didn't.
:
y
E
Vitt Mayor Alonsnt" Yes you did.
Mayor- Suarez: Not :on anything that would have an economic consequence not
E
called for by the budget. You can check it out.
V1ca Mayor Alonso: It's the same thing as this, in-kind.contribution
,
exactly the same, - in kind*
y
'.
Mayor'Suarez: No, no, no, waiver of fees for the... anyhow, you could make
your argument if you want.
Vice Mayor Alonso: It is the same.
irvrr W—rririwrlrrr.4riYWrr-r---r rr�r�r rrrrrr--Sri_--------lii—rrlriiri-------Wafliiiiar-llr�r
66.='GRANT REQUEST - :.BY' DOWNTOWN DEVELOPMENT. -AUTHORITY (DDA) TO CLOSE
DESIGNATED STREETS TO ENABLE VOLUNTEERS TO PLACE CHRISTMAS LIGHTS IN
DOWNTOWN AREA.
.>
.f6iirrrr.rr..vrr----r. rr-rrrrrrrrrrrrrrrr---------rrrrr---r—rrrr--r—rrrrrrrrrrrr
Commissioner Plummer:. Mri, Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: The DMB (Downtown Miami Business Association) owns
seasonal : '1 ights . for; Flagler >Street. The :problem is that -they are not
contemplated being put up this year because no one has volunteered'.to put them
up`
Mayor : Suarez: ; Why are you saying. no, Matthew, before -he even-::: compl e tes :.thee
sentence, when Ira Katz told us yes, before? You guys don't have your act
together,
j
Mr. Matthew Schwartz: The lights belong to the Downtown Miami Business
AsSodf tion. Right :ndw,z, T,they are...
Mayor Suarez: So_far that's what he said.
i
Y
,<
Mr... Schwartz: They have requested the :Off -Street Parking Authority to -put
some'of°them up;" The other ones, it=was the indication. 4s, of yesterday, that .
:
the park would be using the rest of those lights in the downtown area. So....
Mayor Suarez: I think he trying to get ready to say that whatever lights are
r
ava'i lablar if a1l z i t takes 'i s` for City approval : to, put them up and private
r
contributions to fund the... you know, installation and electricity, we should.
z
do' it
4
'
225 December 5, 1991
.]^�''k Y, rwvi4+-.��R'vft•;t-;v�txvZr..F3��'S�,xn. .
T
Viee Mayor Alonso: No, no, no,
k
3ta
�' c :
Commissioner Plummer out we've got to give..
Y•..
u
Mayor Suarez: That's what Ira was saying', right?
'
Corristioner. Plummer: Ira Katz has people at the park who are willing to
Volunteers afters work to putthe lights up.
..
Mayor`Suarez: There you go.
Commissioner -Plummer: And ,I would moveatthis time that we give that
{:
authorization. I The only thing they would require is that the street be closed
for.the time that they are putting up the lights. And at this point, i would
move that we give hem that authority to do such on a volunteer basis. I to
move.
Vice Mayor Alonso: Second.
Commissioner Plummer: It costs us nothing. Who has got a problem with that
now? Not many%freebees.come'to this table. OK. Did you hear my motion?
Mayor Suarez: it sounded like it -Was heading in the right direction.
Commissioner Plummer: lt's a freebee.
Mayor Suarez: We're still trying to get somebody to...
Comm ssiones Plummer: The motion is that we grant the right to the Ira Katz
and Company from; gayfront Park, off` duty...
Mayor Suarez: -,,Absolutely.
Commissioner Plummers ...-to install the lights bwned'by the`DMB,..
Mayor Suarez:So'moved.
'Comni ssi one . PI umner: ...' 'if,'' in' fact.' the DMB' and the -Off Street don't have
Ahem up.
Mayor Suarez:' DMBA. So moved. What it is wrong with"that motion, Matthew?°,
..,
r
Mr. Schwartz: No, I'd just like to ask...
Mayor Suarez: You seem troubled by`it.
Mr. Schwartz: .:.:would the same proposal be suitable in downtown, because
that's one of. the reasonswhy'the-light were not being able to put up?
Commissioner Plummer: Well, that's where they are talking about.
Vice Mayor Alonso: That's what he is talking about.
226 December 59 1991
t
1
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}rft s
c gust said downtown
S
M ��SkW
�t
Ohl,-�ihdflk dt , I a o1 o i2e.
:
L
Wifts oW 014ftert. Oh F1agler Street.
,
Vie° Mayon Alonso: Yes.
Mayor Suarez: Flagler is still downtown.'
r
Mro Schwartz: I'm sorry, I'm in Little Havana.
`
`
Commissioner Plummer: Not according to the...
Mayor Suarez: Mt, vice-chairman of the Downtown Development Authority, would
you take him out for a drink after this?
Commissioner Plummer: Not according to Matthew, they...
Mayor Suarez: Call... we have a motion, do we have a second?
Vice Mayor Alonso: Yes, I did.
MayorSuarez: "Call the boll.Thank you.
'the 'following resolution was introduced by Commissioner` Plummer, who
moved its adoption:
RESOLUTION NO. 91-912
A RESOLUTION APPROVING THE INSTALLATION OF HOLIDAY
DECORATIONS IN, DOWNTOWN: MIAMI BY - REPRESENTATIVES 7,OF.,.
THE BAYFRONT PARK -MANAGEMENT TRUST, ON WEDNESDAY,
DECEMBER 11, 1991, AUTHORIZING THE CLOSURE OF
DE5IGNATED -STREETS TO THROUGH VEHICULAR- TRAFFIC;
SUBJECT" T0:1HE:ISSUANCE OF `PERMITS. BY-, THE DEPARTMENTS :.
OF'POLICE.'AND FIRE, RESCUE AND INSPECTION: SERVICES.
(Here follows body of resolution, omitted here and on
fite'in the'Office of the City Clerk.)
G
Upon being seconded__Oy Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
t "
AYES: Commissioner, Victor De Yurre
Commissioner_ Miller J. Dawkins-
"
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
f;
<,
ABSENT: None.
y.
227 December 5, 1991
taftiaipher. PIUMMON „Now, oan 1 bring up these other two items?
;M+ off` Ua e . "Iou have Dore?
,'1 y
4
�
v
ornmi.sioner Plurner: Still on... Hey, You don't want them?
x
`..
Mayor Suarez: I can't even ,justify them as emergencies anymore, they are
classic pooket items. .You pull them out of your pockets `
`
Commissioner Plummer: Well, Mr. Mayor.
Commissioner Dawkins: It's obvious that the administration just hand them all
VNI-, :
tohim and tell him, we can't get them in, you push them through.
Mayor Suarez: That's right.
Commissioner Plummer: Mr. Mayor.
`
Mayor Suarez: It has worked for twenty-one years.
Commi`ssioner-Dawkins:- That's all he does, pocket items all day.
Commissioner Plummer:: If New Year's Eve is, and we don't meet again until
.
January 5th, New Year's Eve is not an emergency, I don't know what is.
Mayor Suarez: But Commissioner, I know you're going to be leaving in a little
while. How about if we take up anything the administration needs at the end.
of the session like we always do? We always...
Mr.,.Odi.o:_ This is the Orange Bowl Parade.
Commissioner Plummer: This is for monies to be... all of these monies to go
to the fountain.:; ;
Mayor Suarez: Yes, why can't we take this up at the end of the agenda?
_Please, I mean, let's go through the agenda. People waiting to make personal
appearance:We'll: -get - through � :this quickly and then we,. have; Planning &.-
Zoning.
Commissioner Plummets Thank you, sir..
NOTE:°FOR THE RECORD: At this, point,.agenda items 40
and 41 were withdrawn.
1 "' ,� �
x i_.
t ry 44 -.*'F� r+"}k } '� b'¥'sMyZs, s,tlp `# r r': 9`'r s k „G1..fi"h-k��Nci„� 42. °•`. ..E S'., 6 )'l 3� •r,''" ."
� 8 1: s Xt dfY+,', Y""Gt',�t�_'",•4�`'3 � .uva,',b'�°.r,3�#3�t�.Mi�*°, �'
t
BRIEF' COMMENTS CONCERNING THE MIAMI ARENA SPECIAL VENDING GISTRtof
ORDINANCE
Mayor Suarez Item 42, do we need to do anything on that? it's like a review
oil the%, spbtiAli �... -
0
Commissioner Plummer: How is, it working?
May6r'5uarazt That's the basic question we have. Is it OK?
Vi 6,:Mayor:iAldnsob.Fine.
Mr. Od o: � It's working. > ,,
4.
Mayor Suarez: All right, forty-two is done.
'.
_!
Mayor Suarez: Forty-three we did.
Commissioner Plummer: It's been withdrawn.
..-------------------------------------------------------------------- ----------
t
�.
67. APPROVE A 60-DAY, PILOT PROJECT TO PROVIDE WORK FOR THE HOMELESS
.'SUBMITTED BY THEDOWNTOWNDEVELOPMENT AUTHORITY (DDA) -ALLOCATE $30:000
h
'-FROM MA FUNDS.;
,
- — ---------------------------------------------------- -- --
Mayor• Suarez: Forty=four at your risk- Matthew.... .
Commissioner.Plummer:' Here comes money bags.
Mayor; °Suarez:. You = want .=to ,spend some of the huntlred. and .fifty thousand
>$150000) in :a way- other than what was necessarily° contemplated .by this
Commission,which 1s that; you would. give us :a check for: a .hundred and fifty,
and explain;how.,that would<be --.the thirty thousand.
$
C`
Mr. Doran Jason:: We11, ryou have a memo: from...
E
F
Mayor Suarez: Oh, I know, 'I .mean, I- just::.:for• my col:leagues.
r
Mr. Jason: Well, I mean, not only you, all of the Commissioners have;a memo
from T.the = City Manager spell ing out the program for.... the pilot program 'i'or
the downtown business .sector in tourist area to try to specifically target
thi rtyx�: thousand dot Tars: ($30 jOOO) . i n , funds :. to, ''a1 l evi ate a -,problem in =that
`Thi&: is"a pilot program, ::it's a sixty day program.
4
Commissioner P1'urmter: - What are;you.going to do? 3
229 December 5, 1991
Mrs Jason. Wei 1, 1 wi 11 1 et Matthew and Mi ckey discuss the exact prdgramb
t hi Ur miff 'if you -have it there, we'll go over it together. ,
,
Commissioner Plummer! Let me hear it.
Mils AA thdA4 `Schris rtz. This program is part 'of the overall homeless assistance
peogramis It follows the same actions that were done under the trailer, but it
focuses in the core area, the area that we felt was not served last time by
the"overall chamber joint program.
Commissioner Plummer: Where is that?
Mr. Schwartz: The program?
C000160-106er Plummets No this new core area that you speak.
Mr. Schwartz:.The core area. The area we're talking about is gistayne
Boulevard on the east, Miami Avenue on the west, 5th Street on the north, and
river some hard-core homeless problems that has been
therefor twenty�yeaes,within this area.
Commissioner Plummer: And where would you establish the trailers?
Mr. Schwartz: We're not establishing trailers.
Commissioner Plummer: What are you going to do?
Mr. Schwartz: This is... we're going to be utilizing some field workers_ n
the field identifying the homeless. We are going to be working f1h Better
Way.. ;
Commissioner Plummer: Wait a minute. You Ire ,not spending any money, to
identify them, are you? I"think°that's pretty easy.
Mr. Schwartz: No. You need clinical social workers to work with them, to
place them in ``the 'right facilities,' to pay for the services and the
facilities. It is the same approach that was done, and it's. part of the same.
program, we'1l',be using the same staff. But it focuses -on the core area." The`
other aspect of this program includes employment services. ''We have! aIre"
ady F
through Mickey's assistance, gotten some pledges from some of the businesses
downtown to hire the homeless. So, it's looking at not just finding beds for
homeless but trying to `sot ve the problem , n a 1 ong `'term.
Mayor. Suarez:" 'It's not'different from what we aretrying,,"to _do with tte rest
of the money' but it says, let's go after.:.
Mre`,SchwBrtz: `It's directed...`'
Mayor Suarez: .. hese specific'`group of people who `are the `ones creating
the, problems for the retailers downtown.- The problem of crime that you
constantly remind us exists there, and it's linked up to a variety of private
sector initiatives, help,' support, so that they ultimately not only get
f
removed, referred, treated, but employed and housed, and it's just... that's
1
'
what it is. It's sort of carving out from the rest of the program'a specific =
-
amount for a specific approach.
230 December 5, 1991
ly+f £ 1
F
f
S.E
"t
C Wssi oner P1 ummer: How much of this money will 90 for sal dries
administrative cost out of the thirty?
r
.,
y
Mr. chwart�� Well, we do fund►�• the DDA (Downtown Development Agency) funds
r
half the price of the salary of homeless coordinator right now, $o that's trot
,
i
intiuded.
3
Commissioner Plummert It's not my question.
Mayor Suarez: I see a thirty. Is there any that goes for salary? I don't
think soy
Mr. Schwartz: Five thousand. It's five thousand, but it's for the outreach
specialist to go out there to provide the clinical social work that's needed
`to. correctly address. These ,are hard-core homeless. This is not someone.who
}.
is walking '.into a trailer. This :is Gloria who has been on Flagler Street
has been on...
Mayor Suarez: These guys have like names, addresses, we know who they are,
they need major, major social service support.
Mr. Schwartz: We've gotten a commitment from Better Way and from New Horizons
to provide the beds for the... as part of this program. This falls exactly
with the,City's"program is. It directs it and coordinate it. It concentrates
it in this area which we felt was not serviced properly by the last endeavor.
'There,. is a major concern of the DDA board, is to direct the homeless,
dissolving some of the homeless issues to certain areas of downtown which .we
felt have-not been addressed. And the other area that's also -coming up with
this, if, -.this is successful we would like to then approach Bri ckel l and 8th
Street. We've had a request from the Brickell Area Association.
Commissioner Plummer: Bring me back here... is this what you have just
-presented me with, an overall program or addressing your thirty thousand?
Mr. Schwartz: This is.the pilot program.
Commissioner Plummer:- Are you telling me.that twelve hundred dollars is.going
r
to go for radios? That's what I'm reading here and I am asking. Paging .
=;
systems fora hundred and twenty -dollars, office: -supplies.',,-
Mr. Schwartz: '
No, .that was... Commissioner, I m sorry, :that was an older
= <�
copy. That has-been ... ::a1U that will. be provided. in -kind. In the package
E.
'.that you received that name with the board, it had the right information. I'm.
`
sorry. That's detailed information, we've modified that. The DDA will
"{.
rov.ide -the '-equipment. We are workingwith downtown property on this. The
bulk of the money is going to provide the beds and the services.
}}
4;
a
Commissioner Plummer: And. how long is this program going to take? How long
47
will this money last?
Mr. Schwartz: Sixty day program.
231 December 5, 1991
(%
t.
e nis loner plu er.' this One here is talking about radios and paglha
p
y to s,Also A vsix thousand dollarsb
�y
M`r. schwartz: That's also the post for the outreach...
c6hvni ss i One r, Plummer: I mean, what in the hell..o why do you need radios to
take -.care. of the, homeless? Why do you need beepers to take care of 'the
.-
homeless? Why not buy them meals if you want to do anything for them?
Mr. Schwartz: There will be four outreach...'
Commissioner Plummer4 What is the police substation?
Mr. Schwartz: Part of this project..
Mayor, .Suarez: There is a law enforcement component of the homeless. there
are three people that will not be that easy to channel into the system and you
'
have to at least make sure that they are not creating more problems for the
merchants.,
Commissioner Plummer: Yes, but you know, Mr. Mayor, maybe somebody has a
different idea. Job placement component, five thousand dollars donated by the
City of Miami. Well, what in the hell are you doing?
Mayor Suarez: That's the monies coming form DDA.
Commissioner Plummer: It says, City of Miami, not DDA.
Mayor Suarez: Oh, you mean, as far as the job placement or something. Is
that the name of the jobs neighborhood program?
.
Commissioner Plummer: Well that's part of the thirty thousand dollars.
.r
Mr.. 'Odio: No.
Mr-o'Schwartz:,.This the City's... The Homeless Job.Assistant Program.
'
Mr. Odio: It's The Job Assistant Program.
Mayor Suarez: That's to show the different components. I mean, it's not net
money come -gut of us or.anything.
t
Commissioner,, Plummer:,; Excuse, me,. Mr. Mayor,, it's in English and 'I read-
i
Engiish. City of Miami, not DDA.
}
Mr. Odio: Job Assistance Program.
�.
Mr. Schwartz: But that over and above... it's noted there, it's over and
above the thirty thousand dollars.
Commissioner Plumper: And where does the police substation going to go?
k.
r
Mr. Schwartz: In the Off -Street Parking garage on 2nd Avenue and 2nd Street.
The mini -station which would be...
232 December 51 1991
.ktYiFS TIN �'Yh : F 4 4 S L.^,k e.k AvY'
4.
UTY
' T
+i ss,�i:n I� P� rner: �� Ne � want�td help the peopIa of �4ormt rn Misi i
� thtiik this AV V they rNte to �;9o.
„
layor' care i °"r'hiI is philosoph#cal ly.�� Here is what you did
a ;
Ctnlss'onen= pl'umer: When I go downtown.;:.`
Mayor Suarez. You told the ODA to spend a hundred and fifty thousand dollars
Commissioner'°plumner: No, no, no.
Mayor. ;Suarez:. 41ai t a minute... of it's budget to help the homeless. _ They
have Said fine. Let us spend one -fifth of that in a particular pilot program
of.- the particular -homeless in` a particular area that are affecting our
businesses
Commissioner Plummer: You misunderstood.
Mayor Suarez: Let them do that`as to..$,OK.
Commissioner: Plummer: I didn't say for them to spend it,, To make it
available to us to spend.
s.
Mayor'Suarez: I understand.
Commissioner Plummer: OK?
Mayor Suarez: This is slightly different from that. But they are saying, let
us , take,,!, twenty. per cent,-- 'of the =total amount and ' let us spend' i t i n,
particular way. It was our budgetary money, we understand you wanttospend
it on the homeless. We think this will work. This will engage all of our
volunteer-ef.fort`-all of,-the;social service agencies that we're wired to, and,
this . i s probably more effective than what you're going to do with the other
hundred --twenty.= They -are aying -that, but they want to be dipIomatic.'and not
say it as i have said it.
=
Commissioner Plummer: Let's try it:
Mayor�Suarez: Thank you.
Vice :Mayor'Alonso: =:Yes, I think: so. ;
r=
Mr. Schwartz: That's all we are asking.
'rt,
g,
Commissioner''PTummer: But'. I want -to' see < the results: in'Writing at the end "of
sixty days.
y€
�
AT
Mayor Suarez: Yes, like was done with the.other 'part.utreach program.
YaceMayor-Alonso: -They-will bombard you with paper.
233 December 5, Ilk
.
FS
2
Ceattsionor Piummeri Fine) then bombard me with paper but i want them to go
a� ddAtowii : as ' I weht ' 1 ast night, and I want you to talk to me about the truek,
that was stopped:, in front of Gesu Church distributing food and all of this 1
"sae w&s thrown in,the street. I want you to talk to me about the station.
wagon that opens up its doors in front of the bank or what used to be the old #4.
. Centrust bank, and opens up its doors and about eighty or ninety people were
i runt `you to talk to me about those kinds of problems that
there being fed.
this doesn't begin to address.Ai
Mayor Suarez: And by the way, as we begin to tackle the homeless issue in a
i realistic and correct and comprehensive way, we're going to have to put an end .;
to those kinds of things.
.x
Vice Mayor Al.onso: yes.
Mayor Suarez: We're going to have to put an end to the people who think that
by giving a little bit of money or surplus food, or you know...
Commissioner Plummer. No, no, let me tell you what they're doing. These are
churches in Miami Shores, and Coral Gables who are fostering to keep it
downtown Miami and not let it filter somewhere else. 4;
Vice Mayor Alonso: Yes.
Mayor Suarez: Exactly. And they think that by sending a truck full of food k—
to downtown Miami, they have done something to help the homeless, and they _-
clean their breast of all responsibility from that point forward.
Commissioner Plummer: Oh, yes, Pontius Pilate did the same thing.
Mayor Suarez: And I -think we can begin to consider prohibiting that at some
point.
Mr..Gonzalez-Goenaga:. May, I?
Mayor Suarez:- No, sir. Unless some Commissioner wishes to hear,. -from -you...,
t
Vice Mayor Alonso: Well, let's move for approval.
_ Mayor. Suarez:. We've, heard from you and we are ready to vote internally on
this item. - k
ti ,r
Mr'. Gonzalez, oenagas` I'm going to bring Puerto Rican from New York homeless
to make it more serious for you.
Mayor Suarez: Sir, please have a seat. You don't need to bring any homeless
from :anywhere to' make it serious for us. We `already quite a serious prob]em
here.
Mr.`Gonzalez=Goenaga: I'm going to bring because you don't 'allow 'me to°speak.
"Mayor Suarez: OK, we have a motion on"the matter?
t. = Y`ce Mayor Alonso: Yes.
#,
s r
234 December 5, 1991
.vY F t
Fk
1 i-w�''i`'Y{�-4+Z4 M:i'tlV1 3 }yRwaV'+4fP^ tn'd"4' 1 ii;
J6
3
d
0 ni1sj 0pA ':.P1AM6ri ine, t .S si xty day.. project p W
lyi
to
2Thank Beet�ndedo Vice Mayor6 Call
'May your the roll.
"ht following motion was introduced by Vice Mayor Alonso, who moved its
Adopt loni
,
MOTION NO. 91-913-�
A MOTION APPROVING A 50-DAY HOMELESS WORK PILOT
w
PROJECT (JOB ASSISTANCE PROGRAM) SUBMITTED BY THE
DOWNTOWN AUTHORITY (DDA); FURTHER
..DEVELOPMENT
APPROVING $3O,000 OF THE TOTAL _$1509000 PREVIOUSLY
PLEDGED BY DDA FROM ITS FY 102 BUDGET TO ADDRESS THE
HOMELESS FURTHER INSTRUCTING THE ADMINISTRATION
`
".ISSUE;
TO:SUBMIT A.REPORT, OF THE RESULTS OP.SAID PROGRAM AT
THE END OF THE 60 DAYS.`
.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
Mayon Xavier L. Suarez
NOES:-. None.
ABSENT:; _Commissioner Victor De Yurre.:
— — — — — — -- — — — — — — — — — — rr---------- —
6B'. (A) R" URGE' MIAMI CAPITAL DEVELOPMENT, INC. TO PROVIDE- LOAN TO FRED ST.
t AMAND TO;REPAIR HIS IMMIGRATION SERVICES BUSINESS DESTROYED, DURING
CIVIL UNREST IN THE HAITIAN COMMUNITY (LITTLE HAITI)
$.
,(_B) DIRECT -ADMINISTRATION TO ESTABLISH A,HAITIAN AFFAIRS COORDINATOR.
'
S
Mayor are., Item 45, Y1ce Mayor Alonso.
a
�
Vice Mayor,Alonso':` I'll recognize Mr. Cardenas for Mr. St. Amand.'
Mayor, Suarez: 'The new chief of. staff, to the president of :the
StateS,.�
;
r
s�
Vice Mayor Alon$o: Yes.,,,That's right.- We cannot possibly ignore him now.
_....
Mr..11 .Cardenas:.:., That's. right. Well, I was...
`
M►or You think you will be considered, really?
;Suarez:..
235 December 5, 1991.
Mayo���uare�: All right
V3ce:Mayor Alonsot t'm very glad.
Mayor Suarez I've been saying that for a couple of years. it's like the
City Hall sign outside. Why can't we just make a motion to do the same
referral :to Miami Capitals with the same parameters, and the same fast-`
tracking support and mechanism that we did for them?
Mr:; Cardenas: That's fine.
r Commissioner Plummer: How much are you...?
vicei;Mayor Alonso: That's what you're looking for.
Commissioner Plummer: How much are you looking for?
Mr. Cardenas: The total losses... actual losses, you know, not the physical
damage .losses were a hundred and forty-five thousand dollars ($145,000) which
is what we are honing in on. That doesn't include the nightmare, for example,,
of Ahe.imnigration business where everything burned down and you know, like he
now has,.literally. dozens of clients in uproar because documents like
naturalization papers and things that can never be duplicated have been lost
in the -fire..
Commissioner Plummer: This is a -loan to be paid back?
Mr. Cardenas: -Yes. On a hopefully, very low interest
basis.
Mayor Suarez: What interest rate is he looking for?
Mr. Cardenas: Mr.;Mayor, we haven't sat down to work.that
out. :We would�,hope
that your directions to appropriate; City agencies
would have the> same
considerations given that were given to others.
Mayor Suarez: OK.
Vice Mayor Alonso What percentage were given before? -
very low.
'
Mayor Suarez: I think we got as low as two or three percent in one case.
Mr. Cardenas: .Three. I think it was. three.
Vice Mayor Alonso. Three percent, so, we should make
a motion in the same
f,
I,YPes.
.
Mayor: Suarez;, Let's hear .Commissioner Dawkins.
Did you want to say
'
4
something? OK.
Commissioner Plummer: Mr. Mayor, just for the record,
I am assuming that all
of� us received 'the same- letter this morning from another :company, business,'
- h'
right -around the corner, a .coin; laundry who is
asking for. the same.
f
t
consideration. He did not get burned out but he � claims
because of 'the:Haitian
237
December 5, 1991
r
iT.tl":vy'F-
;unrest,probl1d thAt he hAln't been able to do business and that in fact, he 1e
A so -looking for -a hdndoutt
Mayor Suarexi Except that...
v
Vice. mayor Alonso: No, he is asking for..
}
Ayor''Suarez: T think what he is asking us to do is to figure out a way to
�
stop the demonstrations.
- -
Commissioner Plummer: Well, he is also complaining of the lack of revenue;
!
because he can't do business, and Y am sure that that's his indication.
`—
Mr, Cardenas: Yes, we think in terms of merit, if you add it up, total
points, if there were such a thing, this exceeds even the previous
circumstances, because not only did it involve the loss to the business in an
area affected by an unrest, but it almost involved the loss of Mr. St. Amand's
life,who was actively" involved in assisting this City deal with the unrest and
who had to, as you know, go to Miami Jackson Hospital and be treated for
serious injuries. So, you know...
_
Mayor Suarez: By the way, the whole issue... wasn't there some issue of white
j
powder here found somewhere along the line?
L
A:
Vise Mayor Alonso: Oh, it was `cleared.
Mayor Suarez: ,That.was all clarified?
Mr. Cardenas: Yes. Thank you,`Ms...
-
Mayor Suarez: Material that you use for what?
'Mr. Cardenas: Basically, it was the cement that is used, 'it's a,white cement
that is used as a layer...between the -layers of steel on the safe. At any
-
rate, the City of Miami Police investigated the incident, sent it to its labs
and have°exonerated Mr. St. Amand.
Vice Mayor Alonso: Yes.
r
�
Mayor Suarez -. All right.
3
Vice.Mayor Alonsos Well, I -'will move that same consideration be given to him
_
and that the lowest'.percentage,' two, three, whatever was given, be considered:
in this case as well.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mr. Cardenas: Thank you.
Mayor Suarez: Same conditions as the ones in that other case. This is not to
te�l,the World -,that we are setting any sort of precedent. It's just that the
conditions are similar and actually, that program is there to assist people
'=
t
238 December 5, 1991
raj
-
^tT
e11'ln.whon there a not civil disturbances and no looting and no burning.
now and in that sense#
a
Mare
,
you have of an exigency
dust happens that e sn
x
�L
�meri t r su p6sb Sb move and . second •
;
5
r I presume part- ofthe rotp
Mr denas:r. Mayor we�appreciate�
involves,dealing with us on an emergency nature.
Mayor'Suare2t Yea.
Vice Mayor:Alonso: df course.
Mayor suaret: Fast -tracking it to the loan committee and doing whatever it
will be here in
takes., And if you don't see that kind of response, we
January.
Mr. Cardenas: OK, sir, thank you''
ti
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who
movad
its adoption:
RESOLUTION NO. 91-914
A RESOLUTION URGING MIAMI CAPITAL DEVELOPMENT, INC. TO
`
PROVIDE A LOAN TO-FREDST. AMAND TO REESTABLISH HIS
IMMIGRATION SERVICES 'BUSINESS DESTROYED 'DURING THE
`
CIVIL UNREST-` IN THE HAITIAN COMMUNITY ON OCTOBER 19
4
1991:
`j
(Here follows, body of resolution, omitted here and on
file in the Office'of-the City Clerk:)`
ii
Upon being seconded by.Commissioner Plummer, the resolution was
passed:
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner MiIIer..J8, Dawkins -
;.
�,
Commissioner J. L. Plummer, Jr.
f
Vice Mayor,Mir.iam Al,onso
Mayor Xavier L. Suarez
"
NOES: :None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor.
N
Mayor Suarez: Yes, Commissioner Dawkins.
`ry
-Commissioner Dawkins: Mr. Manager.
s`
239 December
5,
ai
R£ v +4^ �
00 missioner Dawkins. We have numerous problems in the Haitian community
Mating with tha refugees, economic development, and every other thing ,.I
a
Wbu1 d like to suggest to this Commission that we direct you to, for: the, tack
bf a' better word, establish an office of Haitian Affairs, for the tank of a
better' word. And that since you are familiar with the refugee problem_. and
What .have you, and this individual be assigned to your office, and house any
Platt you could house it, and that it becomes the czar for dealing with
Haitian problems, uplifting the Haitian community, and just to coordinate for
you `in: the-, community, the Haitian problems* and I would make that
recommodation, I 'don't think we need a motion. If there is anybody up
here...
Mayor Suarez: Yes, a working group of staff with a visible location in one of
our departments and a visible head, I know you're going to say it's yourself,
'but...
Mr. Odio No, no, no.
Mayor Suarez: Because you're very active in it, but maybe, there should be
someone that we can say every time we get an inquiry, every time we have a
5
problem that we have to try to resolve during these difficult months that -we
can turn to.
Mr. Odio: =Well, what I'd like to do, is bring that individual here to City
Hal . We have been working now actively with the United States government in
helping out in the Guantanamo situation - is to bring that person here to City
Hall to work directly for me. 1 am working right now with someone. that ,is
helping me out, in putting the volunteer groups together. I ;talked to
Commissioner Dawkins about it. I also asked him permission to see if I could
use part of his rear office there, because I don't have any more room to place
someone there, if he would. i think that... the person I have in mind, by the
;-
way, is Fedy Vieux-Brierre. Since he speaks English, Spanish, --and Creole....,
Commissioner Dawkins: And French.
Mr. Odio: And French.
Mr. Fred St. Amand: Shall i say something, Mr. Mayor.
Mr. Odio: No, I am trying to finish here.
3-+7
Mayor Suarez: I don't think this particular issue concerns you, Fred. Unless
4S
You've got some problem with Mr.,Vieux-Brierre, Fedy.
Cormissioner`Dawkins: If he does - so?
Mr. Odior OK.°- So,`I have been using Fedy for the last two days in this
Guantanamo relief effort, so, if... I think he is the person I would think of;
to being to...
z
Commissioner Dawkins: And you know, Mr. Mayor.
4
'+
b
ha
240 December.5. 1991
Mayor suarel Yes; eomrmissioner6
'x
issioner-Dawkihs._. I would Concur with what the Manager is saying betdusa
of the individual whom we select must be apolltiCal i He cannot take: sides
with, the pro,or the anti groupi And I think that, I mean, that individual who
'
he has talked of I think he could understand that he could not be for
t`f,
Aristides, he could not be against Aristides. His interest is the betterment
of the City of Miami and the Haitian community in Miami. I mean, I don't know
now, I could be wrongs
Mr. Odio: So, if you don't have any objection, Commissioner Dawkins, I could
F
use part of your office in the backs
_f
Commissioner Dawkins: You could use every thing but the front office, I use
than
Mr. Odio: OK.
Mr`. Gonzalez-Goenaga: Everything has to be anti -Aristides. In 'favor o1*..
Oh, Ism sorry. -
Mayor Suarez: There was... this whole group... Sir, have a seat, sir, have:A
seat. No, that's it. Would you station an`officer close to the gentleman
because apparently he cannot conduct himself, he is out of 'order. If this is
3.
your family, Mr. St. Amand, or your relatives or your friends or anyone,elso,
and .what you intended to do was to thank us for the action, then we arse
thanked and we are pleased to have you. We didn't 'mean to bypass any of that:
Mr. St. Amand: I would like to thank you, Mr. Mayor, and also all the
Commissioners', and I want you all to know I am still active. I am still a
chair person for the subcouncil, I will still be assisting the Police
Department.`
Mayor Suarez:, Just be careful when you have street confrontations, the, peopTe'�
know'. exactly what you are up to, sir. All.right?
Mr., St-Amand: OK, Mr. Mayor.
Mayor Suarez:, OK, there you go.
_.
Mr. St. Amand: Thank you.
7 y
Commissioner Dawkins:' And good luck.
4
Me. -St Amand: All 'right, =thank you.
Commissioner Dawkins: All right.
Mayor'Suarez:. OK. Good luck is right.
r
241 December'5, 1991
i{
1
F .._
iiY.MarsilnarirrYilYtWril6rtiWts+rinwYtarrety.�aiiasii.li�witsi r.�rsatr. �.a4 �. an ieaic sW a. aster.----- --r6r.a.-------- .6""aasrao.r irsrsr,.7rw
i;
a
t
r' DISCUSSION CONCERNING CURRENT STATUS OF DINNER. KEY RBAiYARD •PROPEO1�.
i K�
• ''
..L14Y..Y11f.Y iY'+lr.L W iNiYYiIii7 lii.1�I...f.....I....iYlY�1lYiiiYIYYiYrtiYiY+i M1CYn W W YLGYYii1iY W.IYYi.YlY1W iYrlw W ir�ii.r W r.fiiJ.i GlrliCiiii0111GlfiiiYiY
'
'
Mayor Suarers Item 48.
Commissioner Plummer: Dinner Key Boatyard.
Mir. Odio: We1`t, I think that's yours,.Quinn.
A.,Quinn Jones, Esq.: I didn't... OK.
Mr. Odio: Wellq I did because we're going to need some... I wanted to discuss
with the Commission what do we do next since we seem to be... once the order
is, signed the judge we will be getting the boatyard back. So, I.wanted:;to
,by
get,instructions from the Commission on what to do next while we prepare an
RFp (Request'for Proposal) if you so choose. At one point, I had instructions
from the Commission - we have had so many instances with this boatyard that -I
want .to bring it to... clarify it for me. At one point, I had an RFP request
to a hotel and a boatyard there and that was the last time this issue was
`
-
discussed. So, where do we go? I. can recommend that once we get it back,
:<
that we move in, with City staff and run it while we are doing all of this.
Commissioner Plummer: I think that's it, definitely. It's a service to the
-
community, I think that's what should be done. I think you should review what
you supplied to this Commission on a previous occasion...
Mr. Odi.o:.:We have.
-
Commiss.ioner Plummer: ... of what the revenue would be possibly, if this
Commission operated that Marina. If we don't agree on that or can't agree
that that Is.the best scenario then;.I think that we can either go back out to
an RFP'' My understanding, Mr. City Attorney is that we do have the latitude
to, possibly, -discuss with some of the other bidders. Am I correct in that
statement?
Mr. Jones: ,`I don't think so at this point. I think the process would have to
start.anew.
-
Mayor Suarez: Can we expedite the process as an alternative before we try to .
say that.we are going to do it ourselves? ;.;
Mr: Odio: Well it's up to...
Commissioner Plummer: -"Well, let me tell you my problem, Mr. Mayor.
Mayor Suarez: Yes.
=
Commissioner. P;lummer;. Mr. City, Attorney, I would hope that you would
-
investigate that'matte'r.
f,
-
Mr. .Jones: OK.
r
242 December 5, 1991
-{Eh
3 'ta =cx r-P 11,MV r
p 1 a Mkt 0
tF' f Srk 1 i i+4`L
Commissioner Plummer: And let me tell you why. If we go back and negotiate
with one of the previous bidders, if we are allowed to do that legally,,at the
same, terms and Conditions that they proffered prior, under today',s'eoonohlic
tonditions, I don't think in an RFP you are going to come anywhere close to
what.was proffered in those RFPs. Now, I am saying to you, if there is any
way that we legally can go back and ask these other bidders, are you willing
to come forward and put forth the same proposal that you did before, they
might say no. But I_am saying to you that I think that this City would.be
better benefited,- financially, if we could hold one of those bidders, the
previous bidders to the package that they offered in their initial bidding.
Commissioner Dawkins: When you go out, you better go out and re -bid it and
you better think about putting a hotel or a marina something there with it to
make it pay.
Commissioner Plummer: Well, you see, that's your opinion and I respect that.
I am personally totally opposed to putting anything between Bayshore Drive and
the water. I think you... I have no problem with a marina, but to go in there
with a ten or twelve story hotel building, I am totally opposed to. That's my
opinion.
Mayor Suarez: OK. The basic then discussion here... I mean, the basic
x
alternatives_ are that we either start the whole process over again, but
_
hopefully, expedite it and with minimal modifications if any why this
Commission has to decide.
Mr. Odio: You have to decide which...
Mayor Suarez: I; just heard somewhat descending views on that. Or are we
going to try to do it ourselves, or a third one, I guess, could we go back and
try renegotiate with one of the two. Are you foreclosing the third now?
,11
Commissioner Plummer: Well, I think the...
i
Mr. Odio: No. I believe...
is
Commissioner Plumper: No. What I'm ,saying to you is I think that the
immediate action...
Mayor Suarez! Right.
!
Commissioner Plummer: ... is for the City to go back -in ,and run it until a
decision is made.by_this Commission.
{
Mr. Odio: OK. So that's..,
j
Mayor Suarez: Well, I think you don't need any motion on that. The moment
that those folks are gone, you alltomatieally move in and operate it.
Commission Plummer: It's not that easy.
�i
,q
Mr.. Odio: Well it's not... we have a transitional part here. We.have to work
With the...
243 December 5, 1991
to
5
SO
4
ti
j
joness The bankruptcy,
5s
Mrs,Odi'ot ,3...:receiver because he hired some people and he wants to work that
+gut so that we transition them out. And Y have no problem with that.
Mayor tuarez: hy.do we have to transition anybJf
ody out? Why can't they'be
-
out the moment that we get the property back and the lease is...-
Mr.:odic: Well'. because he was very... I'll tell you why, he was very helpful
'
in, ,obtaining tht -boatyard: back.,..
Commissioner Plummer: You've got to be fair.
and we need to cooperate with Mr. Roth, because he really...
Mayor Suarez: Mr. who?
Commissioner Plummer: Roth.
Mr. Odio: Roth.
Commissioner Plummer: He was the court appointed receiver.
Mr. Od o: He could.have kept us in there for another year, so, we need to
cooperate with them.And we are not talking about hiring people for a year,
just two, or three, ,or four weeks, whatever time he had contracted. In other
words, there is a transition.A
Mayor..Suarez: Oh, yes. I mean, you have discretion for two or three weeks of
a transition, obviously.
Commissioner Plummer: No, there is another...
Mayor Suarez: Yes, I mean, we don't want the leave and all of a sudden, we:,
On't,,even know where ,the: keys are, if that's what you mean.,. ,
commissioner Plummer: All "right. Mr. Mayor, there is another very, very
important. point,_:that;I think needs ,to. be made and, some act ion,,,needs:..to,-be
taken before we. do, anything else. ;And: that i s ,.to ask: the C,i ty ;Attorney p o
>�.
=
instigate, or look, into. and then instigate the recovery of,the monies - the
a
hazardous waste that exist onthe property.
Mayor: Suarez: Absolutely. That was another thing that the Waterfront Board
discussed at their meeting and I; forgot aboutit,
Commissioner Plummer: RegardIess,, of, what happens,: or whoz it. might ,go to ;in
�r
s
the future, the .City'stiiI is..,the property owner. .And.,I, hink that we3needU.to
moue ,immediately to- have;theCity Attorney, instigate whatever action is
necessary. under federal law holding responsible the party who created the
problem.
Comm ssi oner, PI ummer:. PI ease don't tell us that .you :;have to h1 re :outside
counsel. 7here .;has got to be somebody that can file immediately against,,aj,,
`prior,
the owners of Melrose.
244 December 5, 1991
f,
x
5 �'
yyip WIyWy� y� * j i+
G.7: W�' 1 I it Ma 1C1 1 your as 1 Ind �. t�.d to yoM i . i
} �
k t.
I iy r ware 3 M rri11 Stevens° d four or five others.
;1
eoitrriiasioner� PlurirAews No, no, 'rro, wait a'm nute, I'M sorry, 'i totally `avoided
montioning.,any names.
k.
}
Mai or Suarez: That Merrill Stevens site, I'm sorry.
y.
Commissioner Plummer: I said, whoever is responsible.
Mayor Suarez: I meant the site, I see counsel back there getting ready to
defendlpeople.
Mr. Jones: Mrs- Mayor,
Mayor Suarez: Yes.
Mr. Jones: Let me. just tell you that the. area you're talking about 'is not
really:just'as`simplified as it may seem as`fi`ling a complaint that gets - OKI
:,
<:
Mayor Suarez: Oh, I heard you explain the CERCLA (Comprehensive Environmental
Response, Compensation &'Liability Act)'provisions very well. It sounds like
you must have somebody, ready to go.
Mr. Jones: It's a very specialized area. I don't have...
Commissioner Plummer: Fine. As long as it comes out of your budget, -I have
_
no problem with that.
Mr. Jones: Well, I'm just telling you right now that...
Commissioner Plummer: Fine.
f
Mt., Jones:, as specialized as the, area is, it's going to require. someone
-
with the special ized- knowledge;''of both' federal'' - state.
Mayor„Suarez: But Quinn," the problem with that - it's unfair that= it fa11s'
z
you, but "the problem with that is that we have been saying this now for-over`:a
year. And ,no City Attorney, the prior one, and so far, not the present one
3;
texas said = up un i1 'just now I happened to asir the question, we don't have the
Iega1you know, expertise in house to do it, `and I just, I mean, do: whatever
b `:
you can in.;house or within budget, otherwise everything that we are going to'.
do 'with the Legal Department, we are to go out'and `hire somebody. ,
Mr. Od. o; Mr'. ,Mayor,' going back to the one question on whether`" you "can'; go oft
and negotiate with the second bidder, I remembered the prior City Attorney
saying that.you could not do that because we tried at one...
commissioner. Plummer: All I am asking_is, to him, to look into it. If we
..h-
can�t�:do legally, then 'amen,that's it,it'sover.'My�'�concernstill``remains
�
that. ' the ' packages offered ` before, i n my opinion, are A 1 ot; better than
packages that are going to'be offered today under the conditions exist1`ng"with.
{.
the economic scenario in South Florida.``
,A
;._
245 December 59 1'991
PZEE RPM.
! rM,
vDawki ns: What ars you going to do...
Mayon uare� Co tIi ssioner- Dawkins
o missioner Dawkins:; ,., Frith -the environmental problem now or, in theEii?
r.=
Commissioner Plummert We just spoke to that, sir.
Commissioner Dawkins: Beg pardon?
Commissioner Plummer:- We just spoke to that.
,
Mayor Suarez: We were just talking about that. To try to make sure,
Commissioner Dawkins, we are dealing with the fact that we sort of..o we are
anticipating that Mr.Jones was going to say we needed outside counsel. Let
me: tell you right off the bat. One attorney that will come in on a pro bono
basis:,and help to train our people is David McCrae. .He has helped us with the
Commodore Bay project, Commodore Plaza, whatever it'.s called, and .he has
aIready,;of.fered to: a pro bono attorney in another matter -having to do with
the <en`vi ronment, and I know I can get someone from my own 1 aw fi rm to help
out, that's Frank Burke.
Commissioner Dawkins: That's good enough. Move it.
Mayor -Suarez: And you're going to need a couple of other attorneys and let's
use. them.
Mr..Jones:, OK. Fine:
Commissioner Plummer: How many attorneys have you got down. there?
Mr. Jones: I've got twenty-one now.
Commissioner, Plummer: What do `they' do?
Commissioner Dawkins: What they are capable of doing.
Mr. Jones:` You name it. We are a full service law firm, including
representing you.
Commissioner Plummer: Half of the time, it's outside counsel, outside
counsel.
Commissioner Dawkins:. Because it -has been a custom to train people and then :.
when 'they get to the point of where you could use them and they want a raise,.
,.
you don',t give it to .them and, they leave - make more money; Robert-Sechen,:OK? ,
Lucia'Dougherty.;.
Commissioner Plummer:. Vicky Leiva.
Commissioner Dawkinsr Vicky Leiva. If that department was to pay aalar.iesr;ta
people_;who they take the time to train and learn the business. we would have ; -a
legal department that we would not have to go out and>hire thoseindividuals
=,
who just left here to come back and help us.
E
246 December 51 1991
I Make, A COMMOnt On the bO&ty
r Plummer
yet tknythihg, -that YOU need further by
di
rection so we don't Waste MUCh time with this project,
to oat off.the ground.
Mr. Bailey: All right* I would Just like to Point Out t
the Law Department I s going to take in regards to filing
' �
cause Of the Pollutions that does not have anything to do
an bcD �fne the develOOMOt.
and in
regards to
way of
'Commission
it's taking forever
lat the
action that
a claim
against the
with us
Putting Out
f.
mayor Suarez,. :Absolutely -
', awarded through the efforts Faison* at least, been
Mr. Bailey: Wo--have been
ft
funds and I think we Might start
r�
approved as a'recipient for some cleanup
have to make a decision on as One of the things
'that that we
dealing with
::
how we Out theRFP back outin terms of What are the known conditions now that
accepted by the development
probably Will have � a lot of difficU Ity being
community, and one of them...
Commissioner Plummer: That's one of the reasons we might want to keep it in-
house.
-
Mr. Bailey: Yes, no one is going to take it as is, with the concern
that's in the soil, which probably will
that''we have now for the pollution
prevent�them from getting any type of financing until it's cleaned up We are
can in ihe file,
plore,the factt I mean, the possibility that we put
going to ex p ourselves does not
and start to cleanup
funds a
plication- h
an ,�� ap tor :those
interfere with what the Law Department is going to do but we should start
cleaning,up immediately -
Commissioner �Plummer: Mri,-Managerqexcuse me, Herb. :Mr.,Manager, that thing
the City operated it, estimated what kind of revenue,
that you presented us, if
-- si s returned to the City?
on. annual ba
.- an
Mr. Odio: Oh, gosh! Commissioner, I don't remember.
P1 umme r: Wasn't 'it -i n the neighborhood of i a million doll arsa
Commissioner,
year?ley
Mr. Odio: Something like that but I. since last we heard we were getting,
'
'the,-boatyard-backo -on a new budget. Ive got Frank May
wehave'.people working
that and, just to be ready to take it...
workingon
lummer: You see, I have to question why if that report, as I
Commissioner P year
that we could get a million dollars of a
o your ow
recall; -f projection show
why would we go out to an outside person who only minimum guarantee
four-orn,
was, l a ea r? I don't understand that
Mr. Odio: Well, the one thing that you have to keep in mind that we were
We do not 'have four-or"fivt
FU
- improvement of the property.
looking for was improvem
on dollars that have to be put into that property as it should., unless we
247 December 5$ 1991
r
� j c
r.
d
�u1d aa11 e revenue bored& Or something. The property needs �na�or e
They need to be turn down or cotnptely
3i
�
ire�roverer�t, aspeciAlly, the -hangarsa
rafurbi shad.
L j
Cis issit�nar� P1 Ummer. Tear them down and Out in racks, that's where the money
� �
2 '
is.
k
Mrt Odi'o: -That's where the racks are.
Commissioner pluMer: That's where the money is.
5
Mr. Molt 50, We need to improve those buildings.
Mr. Bailey: Well,; we, got, the,matter, the protection law that we're trying to
not us from expanding the number of
get us grandfathered in that will prohibit
that can store. -There are several things that we are working on in
,
boats, we
regards to this RFP.-We just need to _know whether or not you want us to put
le.-. We are
out an RFP or whether or not you want to manage i t for a whi
back out but putting out a little more realistic RFP. We are
suggesting going
ready to it"down and work out all the details.
Mr. Odio:„ Let me give you a compromise.
Mayor -Suarez: Can that be Aone quickly?
Mr. Odio: We could do this. We have to take it over probably next week, we
run it - we know what we can do here.
Mayor Suarez: ,except the shipyard aspect of it. I mean, we run it in
Well
marina, not - going to be trying to fix motors and...
the sense of a we are
Commissioner,Plumner: It's done by jobbers.
Mr. Odio: No, we are going to run the rack storage and whatever.
MayorSuarez:,But I would be concerned if we... I'd. much rather go -to the
modified RFP1 right -away where we can get...
will know;three.�:or fou,
Mr..Odio: .But, what I was.going to say while we. we r.
we do with that property in reality while you're
months from now what can
doing the RFP process. You cannot expedite the RFP down to three months, or_
..'
four months:. It!s going to Uke six months.
Vice'Mayor:.Alonso:,'How long it would take?
Mr. ,Odio: ,-Six months.
Vice Mayor Alonso: Six.
;.
Mayor Suarez:* I -think you can ;expedite down to ,almost no time.. If,you just.
make minor modifications to make rit:a little bit more...
Mr. Odios. But you can't. You have to advertise; ;you :have to give proper
notice, you have to have, you know, you can't short cut that.
248 December 5, 1991'
$
t
5'
i
i
3g
Mrt�aileys You need t h n hud�ed end twenty days.
You're talking about six months.
k
i
P� OaAieyt ihAt. includes corning to the Oor�niasion and going isack.`
Mayd.�,`'Suare: A Hundred and twenty
Mr. bailey: Yes: "
Mr:. hones: 'Well, Mr. Mayor..
k.
Mr. Odio: And then hope you get three bidders.
Well` if you make some adjustments to make it Just a little bit
Mayor Suarez: . And
tent! to get more bidders
-
easier,to.comply with our RFP requirements, you
WI,had two left over and both have indicated that they are interested.`
Mr' -,Jones,. Mr. Mayor.
Mayor Suarez: Mr. City Attorney.
Mr. Jones: I hear what you"are saying but also keep in mind that in terms`of
legal proceedings, that may very well impact
this process that if we initiate
on the .process as WeILI in terms of anyone responding.
Mayor.,5uarez: I thought Herb clarified that we don't want to do that.
;.
Mr... Jones: Wei l I' JIL.look into it again but I am of the opinion right now
,
that we may very well have to go back out and bid and start the process anew.'
� asked, I' l l research it again but it may
Li ke I sai d, Commissioner Plummer
very well require starting ,the .process from start.
Mr. Odi o:.., . What. I, was saying, Mr. Mayor, is that we are going to be running .
do have to... at some point there, you
the marina and if we do well, you not
can stop the RFP process.
Commissioner De Yurre: Are you're going to be Lproviding gasoline and diesel
service?
r
Mayor`<Suarezf You won't have my vote for that.
Fie
Commissioner Dawkins: You won't have my vote for that.
.. ..
Mayor Suarez: I don't want you to think that's the way you're headed, but.,
.a.
f
Are you going_to provide,gasoline and diese
Commissioner De Yurre:l service,,,?
a
Mr Odio L don't know - if we have to clean up that property on the
environmental issue before we can do that.
CoMmissioner Plummer: I'don't think you can at this point.
,Ya
JI
249 December 5,'19g'I
W;^ t4p�jaE`f'fyw'e5
tomissioner, Be Yurre You know, we should do so about that. There it, no
hews s[t
5
ioe: iit this at'aa... i f - we are not going to do it there than roabe
thy, tna i na do i t ;:next . door, set a place for 1 t that we pan pr�ovid
t`
.,we .can
that kind of service.
i
Mr Ba ley: As soon as we can proceed_o we have some requirements to satitfY
with DERM (Department of Environmental Resources Management) in regards to the
r
pumps. We will begin to work on that right away.
_
.
Vice Mayor Alonso: Because we will have to clean the property.
Commissioner De Yurre. Because) you know, maybe we can just look next door.
.
We can provide a space there to give that kind of service. Because they have
to end up going all around to get the fuel.
..
Vice Mayor Alonso: Can we do that without cleaning the property?
s
t
Mr. Bailey: -We can start operating the property now. We just have to...
Commissioner Plummer: No, selling the fuel is what they are asking.
Vice Mayor Alonso: Selling the fuel.
Mr. Bailey: Selling the fuel? - we just have to give a commitment that we are
?;
going to clean it up and-DERM will probably let us have the fuel pumps back.
Vice Mayor:Alonso: The commitment is enough?
a '
Mr. Bailey: Yes, the commitment. That's what they asked for before, but
Sherman- wouldn't - give it and that's what caused the problem, the fuel pumps
will be taken away. We will give a commitment and we will proceed to try to
clean it up
Vice Mayor Alonso:t How much it has cost us? - all of this nightmare?
Mr , Bailey: A Iot.
<;
Mr. Odio: I can,think right away, about nine hundred thousand.
Commissioner Plummer: Or more.
- Mr. Odio: ...loss of rent, and that's up front monies. No, not much more
`'
than ;that .- .lawyers' time, lawyers' fee.
tv
=
Vice Mayor Alonso: A million? - incredible.
'
Mayor Suarez: All right, you need any kind of a form of a resolution?
Mr. Bailey; No, we would just go back, we will start preparing a modified RFP
that maybe, we can get sold.
c:
Mayor Suarez: Very good. And you're going to get a legal opinion, I think,
n
Commissioner requested on the possibility of going back to one of the prior,
`
bidders, right?
250 December 5, 1991
ROAD
TF2 -
1 5
following resolution was introduced by commissioner Plu rner, who
movedi t s adopti an
RESOLUTION NO. 91-915
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
WITH THE ORANGE BOWL COMMITTER, INC.,
ATTACHED FORM,
TO PROVIDE FOR THE SALE OF BEVERAGE, FOOD AND
,
NOVELTIES DURING THE KING ORANGE BOWL JAMBOREE PARADE.
omitted here and on
(Here follows body of resolution,
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. Le Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
P1
commissioner Plummer: 1A resolution related to the King Orange Bowl Parade to
Committee Inc., the committee on December 31,
be conducted by the Orange Bowl
1994providing, for theclosure of designated streets to thorough vehicular
, �
issuance of
traffic in establishing a pedestrian mall subject to the permits
Fire, Rescue and Inspection Service, further
by the' Department of Police and
establishing an area prohibited to retail peddlers during theperiod of.the
such
event - subject to.' the: contingent upon 1 the committee's compliance with
be prescribed by the City of Miami,
limitations as may
conditions and i bed,
otect the City in the.amount as prescr
including obtaining insurance to protect t
by the City Manager, his designee further authorizing the City Manager 0,
acceptable to the 'City Attorney with. a
form acc
enter into --An: agreement� in a
committee for the staging of the parade for i a period of five years subject to::
:-, This comes
co ftditio'ns andlimitations contained herein and in the City code.
i move.
....... ------
with the recommendation of the Manager and the City Attorney, so
:� Mayor `Suarez: So moved.
Vice Mayor Alonso: Second*
'Mayor Suarez: Second. Mr. Manager, are we retaining the use of some part of
thd.1 parade route forourown purposes?
Mr. Odio: Some parts, yes. Oh, definitely. We are going to make some money
out-of.this:
Commissioner Plummer: Mr. Mayor, we are, we, the Bayfront Park Authority -Oro.a
mostly in th e island, with all
d and beverage,
going to be managing the food erage
252 December 59 1991
5q'Y
rr_,,
TrT"6iv
C%
AWL
1
care oi' ;it ,this ;year. Obviously, you havent taken care of 1t eitnerso
1
?�
`
now,' -,we are left. to having a private entity give us passes to attend and to
ri
t
use our own City streets during an event.
,.
Cctnissoner Plummer: What are you looking for, Mr. Mayor?
Mayor Suarez: to carve out an area of the parade route for City use where we
would say, this is going to be for City use, you need not be concerned with
how we are going to use it. Just like we should have done with the Orange
Bowl .facility..;,=
Commissioner Dawkins: I don't think the Mayor is saying personally. What he
},
`
is saying...
Commissioner Plummer: I think...
k'
Commissioner Dawkins: ... is in the event that dignitaries come in...
Mayor Suarez: Exactly, right.
Commissioner Dawkins: ... from out of town and are desirous of seeing the
parade route, we should have something decent for them to sit in. I think
-
that's what's being said.
Mayor Suarez: And department heads, and other people who are helping the City
to stage this and many other events, who might want to..
—
Commissioner Plummer: Mr. Mayor, I think, now don't hold me to this, you
might have negotiated away that right when we negotiated with'the Orange Bowl
Committee. For the- Orange' Bowl game there was provisions in there for the
parade that does not preclude the Orange Bowl Committee's benevolence to this
City -An providing a' designated area. Now, I can tell you...
_Mayor Suarez: ."We still control the City streets, and 1 presume the Manager
can work out that we.have a space there for anyone that needs to use it.
Commissioner Plummer: I have no problem with the Manager endeavoring to try
to see if in fact we can get a designated area.
Mayor Suarez: Thank you. All right, with that understanding, we have a.
motion and a second. Any further discussion? If not, please call the roll.
r
3
-
1
�i
c
}si
254 December 5, 1991
x
f
The following resolution was
y,
moved its Adoption:
RESOLUT
A RESOLUTION RELATED TO THE kING ORANGE BOWL JAMBOREE
PARADE TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE,
INC. ("THE COMMITTEE") ON DECEMBER 31, 1991, PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; SUBJECT TO
AND CONTINGENT UPON THE COMMITTEE'S COMPLIANCE WITH
SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED
BY THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE; FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE COMMITTEE
FOR THE STAGING OF THE PARADE FOR A PERIOD OF FIVE (5)
YEARS, SUBJECT TO CONDITIONS AND LIMITATIONS CONTAINED
HEREIN AND IN THE CITY CODE.
(Here follows body of resolution, omitted here and on
file 'in'the Office of the City Clerk.)
I
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.
I
..
.'iIiVYYi.iYfyIiY9YiYGtlYi7PGiif�l asii d. im ski ft asoas as!Yttsb iYC m, Ao rYifikiiYlYt WIiY iYiii4.....iallYiYilliiiiiliYilHivil�ci: fil�l�YCW.i YiiiYiii'Y lid[IiY �. iililRi
lb
``
Continued Discussioh) CONCERNING STATUS REGARDING RANGER SELECTION, PSp
y
POLICE OPF'ICERS, AND STOLEN BICYCLES ON BOATS ON MIAMI RIVER (See
babel SI). _
b
iiiliiylYWi.11h.-IWYY--ii i.-----IY......+it,----iY1Y0(6.SIYL-----Yil--it---------war iil ---W-- YW wYc--ilL
i^
Commissioner Plummer: I had asked this morning, Mr. Mayor, for two items to
be' jivon back results this afternoon. I'll take for them in writing, if
necessary.
Mr. Odio: I can tell you right now.
Commissioner Plummer: All right. I need to know about the Rangers, the PSAs,
and the Police Officers.
Mr. Odio: The Rangers, we have already the register, and they will be calling
in for interviews and they will be placed.
Commissioner Plummer: How long before they will be hired?
Y
.,
Mr-.,Odio: I believe that they will have Rangers in place by the first of the
year. Am I correct, Joe? I'm going from memory.
Commissioner Plummer: How.many Rangers.are you...?
Mr. Odio: The guards are twenty guards - will be replacing police officers on
the gates of buildings as you claim.
Commissioner Plummer: Wait a minute. How much are the guards being paid?
• remember
Mr. Odio. I don t remember that. I don t r
Commissioner Plummer: Well because you told me<at budget time, you were going
to use Rangers on the security of the gates of the Police Station and we know
the coston that.
Mr....Odio:- It's going to be.about the same thing.
Lt. Joe Longueira: -I know.it doesn't exceed that, I am sure.
Commissioner Plummer: Twelve thousand dollars ($12000).
Mr. Odio: Twelve thousand dollars, yes.:
Commissioner Plummer: OK., ThePAS's?'
Mr.:Odio:� The PSAs are also... go ahead.
Lt. Longueira: Another issue on the guards is their part time thirty-five
l�
hour.per week, -no benefits.
r
l
Commissioner Plummer: I have no problem with that. OK?
�s
,
256 December 5, 1991
.,w
tj
t,
Cdios Yes, but rreftfllbero I don!t want someone coming back... don't they
"
have benefits, two years from now. These are people on part time paid.
Oftissioner Plummer. No, no, no: Its understood when you hire them that
�
that t s; the name of - the g&M6 6 -
Mr. Odio. ThatIt the name of the gamer
Commissioner Plummer:PTAs.
t.
i
Mr: Odiot' We have also `concluded the list and they will be starting the
4
hiring, now.
Commissioner Plummer: They will be starting the hiring when?
k
Mr. Odio: See, it takes about a month or two to go through the background.
Commissioner Plummer: Mr. Mayor... Mr. Manager, it has now been two months.
'a
Mr. Odio: I was told... yes, it takes that long to go through one hundred
people'to check their background and then be able to choose from them. They
should be coming on board the first of the year.
Commissioner Plummer: All right. I have asked at budget time and I have not
received and that's why I am having to do it now, a monthly report.
Mr. Odio: Fine.
Commissioner Plummer: And I am telling you again, I want a monthly report,
;.
How many policemen have been put back on patrol..:
f �l
Mr. Odio: Zero.
:-
Commissioner Plummer: ... and replaced by civilians?!
Mr. 'Odio: Zero as of this'" time'.
Commissioner Plummer: None.
Mr.'Odio: As of this time, zero.
Commissioner Plummer: And when is that going to start?!
Mr. Odio: We are -not going to replace policemen with`civi'lians The twenty
rs
guards wi11 be, relieving police officers'. The moment they are oW.board, there
will be twenty'461ice officers out.
Commissioner Plummer: All right, the other question I had - who the hell put
that there? - I know who did it. The bicycles on the boats.
Mr. Odio: That I don't have an answer for you yet.
,a
257 December 5, 1991
i
amiss ioner Pluimtri I'Want you to ride down there anytime you want and Look
at the hundreds and hundreds of bicycles on those boats
4
.,;
Mr. Odio: I have seen therm
Cor nissioner PIUwe r: I think we have the right to stand at that gate and
ask, where that property is coming from and to see bills of sale. The man who
came to my off ito, once again, followed the guy and stole his bicycle - went
T
down there the minute it was Out on theboat and in the water. Our Police
bepartment'him that they no longer .had jurisdiction because of the fact it was
#�
in the water, and it was a Florida Marine Patrol, and before they could be
brought in, the boat left. I any telling you that prior to those boats
sailing, as I drive by there, there are more car trunks being opened up and
stuff taken out and put on those boats, that is incredible. Now, I think we
have every right to stop and ask for those people to show us bill of sales, or
right.of ownership. And I'm sorry if my colleagues don't feel the same way.
Mayor Suarez: I absolutely agree.
Commissioner Dawkins: Everybody feel the same way.
Vice Mayor Alonso: That's right.
Mayor Suarez: Absolutely agree with you.
Vice Mayor'Alonso: Definitely:,
Mayor Suarez: I would really be surprised if there was any jurisdictional
problems. I think it just, you know, it's easier just to say, let the Coast
Guard take care of it or 'somebody else, you know. And I understand that there
are problems with definition, but I. can't imagine that we, right up until the
moment that they are on board...
Commissioner Pl'umner: You stand at that gate.
Mayor Suarez:, Right - have absolute jurisdiction. In fact, we have probably.
have jurisdiction to part of the river:
Commissioner Dawkins: If we're tied up to that dock, we've got°jurisdiction.
1
l
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
.
'
'MN�IDERATION` OF REGULAR AGENDA ITEMS TO 'CONSIDER
r`
.
ITEMS FROM THE PLANNING AND ZONING -PORTION OF THE
s
AGENDA.
3
t
n
258 December 5, 1991
.. i�'1Yi`.IIpIi..Y(fiY�iW`i.11W1YfC'ilk�it.{".IIIi.iPYiil�Yf 1�'illiiii.fitf1117i��Ifi�iYY iilYfirYlaW ilKJifYYi.11YYiWililifi Y`i1tiY iW iYiit.f iiif[i'.YtiiYiiiltiili.►iYiY.liiYli4iiYis�
'.. '
i
s=h
72, (A) DIRECT ADMINISTRATION TO REVIEW ALL EXISTING COVENANTS FOR AREA
OF. SSW. 22 TERRACE BETWEEN 27 AND 32 AVENUES TO. ASCERTAIN
x
COMPLIANCE WITH ALL SPECIFIED TERMS AND CONDITIONS - 0IREV
ADMINISTRATION TORESCINDPERMITS ON PROPERTIES WHICH ARE NOT,IN
FULL COMPLIANCE.
}-
(8) ACCEPT VOLUNTARY COVENANT PROFFERED BY OWNERS (LUIS & RAUL
GALINDO) OF PROPERTY AT 2947y-2049 S.W. 22 TERRACE.
(C) FIRST 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 (Applicant:
Luis & Raul Galindo).
-.
raarwrrirrrrrr�r`.w.rrr------:y------------r—rr—rr--------------- .---------.i ------
Mayor Suarez: PZ-1. There he is again, the future Chief of staff or the
President of the United States.
Mr. Al Cardenas: Thank you.
Mr. Guillermo Olmedillo: PZ-1 .and PZ-2, Mr. Mayor and Commissioners is.a...
:;
f
they arecompanionitems. It's a zoning change and a Comp Plan amendment,
property located on 22nd Terrace.
Mayor Suarez: Will you swear in anyone that wishes to be heard on this item,
unless you're convinced Guillermo, that this is non -controversial and it is
not going to require any testimony? _
Mr. Olmedillo:- Well, unfortunately...
Mayor Suarez: I think it will. All right, everyone who is either in favor of
this item or against, would you please stand.up.if you expect.to be heard,,.and
raise your right hand and be sworn in? PZ-1 and companion item PZ,-2.
a
AT THIS.POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
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Mayor Suarez: -I .think I remember the item. It's been _before >us, right?
3�
Vice Mayor Alonso: But at the -end -of the item last time,:they:.were saying
;
things ;that 1t was very easy to come to a compromise. So maybe, we can....
let's go to the point.
#
Mayor Suarez: Maybe or maybe_it hasn't. Maybe it has happened, maybe.not,
but it looks like not. All right, counselor. Who do we hear from first?.
Mr...Rodriguez: Mr. Mayor.
Mr. Olmedillo: Mr. Mayor, this comgission continued this item to give an`
opportunity for the neighbors to meet with the applicant. The .report that.:I
received from one of the neighbors that I spoke to briefly, that ,not
everything is there,, so, I guess, we should allow the applicant; to come forth.
t
Just, for the record, the department is recommending denial, .the Planning
259 December 5, 1991
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AdviSOry Board recomended denial on a six -to -three vote and the Zoning Board
recommends denial on a;nine-to-zero vote.
Mayor Suarez. Why does he have a huge sketch of I don't know how many
properties, or is that Just by way of illustration? I guess we will know that
-
in a second. That subject property is only the green there, right counselor?
Mr. Cardenas: Bight.
Mayor Suarez: All right, sir.
t
Mr. Cardenas; Thank you, Mr. Mayor, members of the Commission. For the
record; my name is Al Cardenas with offices at 201 South Biscayne Boulevard,
Miami, Florida. May I, if I can, advise the Commission that I did not
represent Mr. Galindo originally when he filed the application before the City
of Miami► and he was represented by counsel, other counsel that both the
Planning Board and Zoning Boards, who was really unfamiliar with the pattern
of what has transpired on SW 22 Terrace. As you may re... and frankly, who
had neither,(a) conferred to the neighbors nor proffered a covenant to either
the Planning Board or the Zoning Board regarding the restrictions and
limitations on the development. And based on that in my opinion, was the
k
primary reason why Mr. Galindo's application was recommended for denial at the
Zoning and Planning Boards. As you may recall, I have appeared before you on
numerous times involving properties affronting on 22nd Terrace. I think this
is my seventh appearance before this Commission on similar situations. We
have met with neighbors in the areas between 32nd Avenue and 27th Avenue on
numerous occasions as you know, and we have developed what I call as a
prototype of a declaration of covenant, which in the past has beensuccessful
in answering the concerns of staff, the Commission and the neighbors. That
had not been done unfortunately.for Mr. Galindo at the earlier proceedings,as
I said. I have by now proffered to City Attorney's office a covenant which, a
proposed covenant for her consideration, and I have also agreed that on or
before January 5th, if this Commission approves the process today, we will
submit to her the required opinion of title and mortgagee consent forms that
are required to make -it;a binding document. What we have proffered is a
covenant that provides no ingress or egress to or from... vehicular ingress or
egress: to and from SW 22nd Terrace. We have provided as we had done on seven
previous- -<occasions, the one foot residential buffer at the southernmost
boundary of the property to prohibit a further commercial encroachment to the
residential neighborhood. We have committed to erect a six foot masonry wall
and the applicable landscaping buffers which previous clients had committed to
as well. Well, I believe, that that satisfies most of the concerns of the
neighbors except two. The neighbors had additionally. required.:." .the
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neighbors "with whom we met, -my associate, Vicky Leiva, met or spoke to were-1--
believe,, Mr. & Mrs. Rutigliano and Mr. and Mrs. Gregalot. And basically..'.
and she also spoke with Silver Bluff representatives who had agreed to express".
an interest in the matter.- All of the things of the seven requirements that
they: had, our covenant answers five of them. There are two things which they
had required that the covenant does not provide, one of which the client has
informed me today;he is willing to also agree to, and we would modify the
covenant accordingly. And that is to provide a bond of a thousand.dollars to
the City of the maintenance of the wall and landscaping buffer- that they
,{
neighbors had required, and we.. or had suggested, and we've agreed to do
that. The only item that we did not agree to with the neighbors because
a
260 December 5, 1991
i
frankly, no other client had ever agreed to in the past and it was not a
condition unposed on those clients by this Commission, was that the neighbors
s
Wanted the zoning change to revert to residential I and when the. Latin
American Cafeteria business ceased to operate. That, as you know, is
something that lenders and no one practically speaking would ever agree to
because it's a kind of imposition on.future use that would you know, make life
very difficult for everybody. And you've never that imposed that on any
previous...
Unidentified Speaker: Decision you're making.
Mr. Cardenas: Relative to the merits of the land use which we are requesting,
I have _shown in orange, those changes, those zoning changes to commercial
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which had previously been approved by this Commission, again, with a covenant
that has been proffered. As you can see from SW 27th Avenue to 29th Avenue,
ninety percent of that property affronting on 22nd Terrace is now zoned
commercial with a conditional use special exception that preceded them 29th
Avenue, so that lot is used for parking. Again, on between 29th and 31st
Avenue, we participated in that change to commercial, as you know, that's WQBA
building...
Vice Mayor Alonso: No, Radio Mambi.
Mr. Cardenas: I mean, Radio Mambi property, excuse me.
Mayor Suarez: Weren't all those previously zoned transitional and we have
eliminated that category?
As
Mr. Cardenas: No, sir. What was previous transitional was the special
exception for parking. Those I've listed in the mustard color. The orange
s
color...
Mayor Suarez: That was just a flat out rezoning?
Mr-. Cardenas: Yes, which happened subsequent to pp q your: elimination of the
_ transitional use on or about that time.
Vice Mayor Alonso: Zoning changes.'
Mr. Cardenas: But this particular property, as you know, adjoined the
'recently rezoned property'of:Radio Mambi.
Mayor Suarez: And weren't they all... the ones that were rezoned, because...
wasn't the argument that somehow they were being adjunct facilities to what
fronted on Coral Way?
Mr..Cardenas: That's correct, which also happens to fit the profile here, Mr.
Mayor.
Mayor Suarez: What is he going to do on Coral Way?
Mr. Cardenas: No, he has the Latin American Cafeteria property and this i.s an
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- extension of,the commercial need which is the basic premise that we use too.
261 December 5, 1991
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SCr� F 4r z
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.,ate
Mayorl-Suar§21 Presumably,for parking?
Mri,Cardenas. For parking and storage. Yes, sir.
�i
Mayor Suarev. And storage?
Mr. Cardenas: Yes,
Mayor Suarez. What's tough.
Mr. Cardenas: Well, let me put 1t this way,it's a lot less obtrusive use as
s
those which we'.ve, you know, which we have in the area at this. time. You
know, the thought process of course was that the... as the commercial
development in Coral Way throughout the decades progressed, the depth was
i
necessary to fit that need and :I think the Commission has been uniformed :in
its decisions in .the last six years or so,of course, making sure that the
appropriate covenants were prepared to buffer the residential neighborhood to
-prohibit
vehicular traffic, and the other things which accompany this
application now as well. I know that some of the neighbors were interested in
speaking and perhaps, we can discuss their_ concerns.
Mayor Suarez: All right. Anyone in opposition?
Mr. John Gregalot: My name is John Gregalot, I live directly across,,the
street..from .the; property in question, and I believe the situation related to
Radio Mambi. has been. misstated., Radio- Mambi-requested a variance in. which
they were allowed to park cars on the said property. There was not a change
of zoning. Again, this request is not for a variance for the use of the
property but:a change.of zoning. A change of zoning would require an entirely
different situation. Let me put this in the perspective right now. On that
property sits a duplex.- The front section of that duplex is -being rented, and
a : ady .,1 ives ;in that house all by herself. ; The back, : side of_:that ,.dupjex
borders on the ;restaurant property and that property... that duplex is being
used as a storage, and during the holidays, all night long, you can smell hams
cooking. Now,,would you like to live in a house with an unattended oven going
all night long? Where is the safety requirements?
Mayor :Suarez; -Unattended ovens going s,all night long?. That sounds Iike,�a
violation of every....,
Mr. Gregalot: Acomnercial oven in a duplex...
Mayor. Suarez: ... possible -health regulation, and fire regulation, and every
other kind of regulation.
Mr. Gregalot: The safety, I am referring to the safety, sir. It's a
f
dangerous -,.situation to have... -.,.
s
Mayor'Suare7: Well, but see, that argument kind of cuts the opposite way:
Because if you say that... if that's legal, and if it illegal they should stop
doing it forthwith. We.should let__the State know, or ourselves, or whoever.
If it's legal, then you would almost want to have a parking lot behind it
rather;'than -a nice-home,':you know, a -duplex.
262 December 5, 1991
PROF
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#,Gregalott Dell, if that.`.
Mayor Suarez: I mean, in an ideal world. I am not saying that they are
Satisfying the criteria of the code, because I am not sure that_ they - have.
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Mr. Oregal of The request is not for a variance to make parking. The request
Mayor Suarez: For commercial.
Mr. Gregalot: ... to utilize... right, to utilize the existing building as a
l
storage house and to continue renting the front section of the duplex to an
individual. Where 1n the world did you ever see that kind of a set up?
Mayor Suarez: Well, no, no. Up to now, they couldn't do that, could they?
with the existing zoning, they could rent part of the duplex for storage of
i
meats, et cetera?
3
Mrsi. Rodriguez: No they could use the... the duplex could be used only. for
_
residential use, unless it was zoned for commercial and it's not.
Mayor -Suarez: So you could almost argue that by changing this, if that's the
only objection, at least you wouldn't have ham being cured, or cooked, or
stored;.. in a, you know, right next to a residential. area, because at least,
you have the street as a buffer. I'm not sure the street is enough of a
buffer which is where your arguments really should be going, perhaps. But
anyhow, go ahead.
Mr. Gregalot: Well...
e
Mr. Rodriguez: Yes, but if I may add on that particular case, that we found
that particular -°case in violation, and there is a case before the Code
`
Enforcement Board.
t
Commissioner, Plummer:- One more lien.
t
Mayor -Suarez: Why don!t: people resolve Code Enforcement violations,. before,
they,show;up.here? Do they think that that's going to make us more interested
in... why wouldn't you clients solve that before?
Commi s'si ones: P1 umner: No, Ar. Mayor, what they -have done i n 'the past i s that
if- you ...are in violation, they usually will hold all litigation until the
matter is resolved before the Commission.
_
Mr. Rodriguez: They try to find an administrative revenue...
Commissioner Plummer: They exhaust their administrative procedures.
Mr: Rodriguez: ..: procedures, you know.
Commissioner Plummer: But that's not. the point.
Mayor Suarez: That's not theclassicargumentof.exhaustion of administrative
procedures. In view of violation' if you're in violation ,':you're:supposed to
263 December 5, 1991
fl
Sto -, OUr Violation before YOU Lorne here and ask for anything elm All
�-
1fitty sirs
� 7F
Mr' gregalott How can you rent one section of the duplex of bordering nn 92nd
}
To race without' egress or ingress? I mean, how do the people get in and out
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of their home? And if you open that up...
Mayor Suarezt I have no idea.
Mr. Cardenas., Well, if I can
Mtn. Gregalotee Right. And if you open it up, you change the...
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Vice Mayor Alonso: But they have an entrance.
Mr. Cardenas: Let me, if I can. We don't believe that's an accurate
.
statement :for three reasons. One, the lady that lives in that home does not
pay rent, number one, so it's not a rented place. Number two, you know, the
property in question is a residential property which we would like to change
to a commercial use just like all the other applicants before you have
requested, and basically, that's what, you know, that's what the client
y
intends to do. Frankly, Mr. Mayor, Mr. Galindo was unaware that what he had
done in terms of letting lady live at that dwelling and store stuff on the
dwelling was improper, and when he found out it was, he came to a lawyer to
solve his problem. That's basically how...
Mayor Suarez: As 'l'ong as you put that on the record. '- Is he the owner of
_
this... Mr. Galindo is the owner of Latin American Cafeteria?
Mr. Cardenas: Yes, sir.
Mayor Suarez: Latin American Cafeteria...
Mr. Cardenas: Latin American Cafeteria... Mr. Galindo owns the property and
is... Mr. - Galindo personally owns. the real estate where Latin American
Cafeteria is located. That is also his... he 1s the sole proprietor of that
business. --He is also the- owner of the. parcel- behind which We are trying :to
rezone commercial.
Mayor.Suarez: -And he must be... I mean, if the business I see going; .in and
out of 'there is any indication, he must be doing pretty well. He must be a,
pretty sharp businessman.
Mr. Cardenas; Well, he is....
Mayor. Suarez: . This reminds me a Tittle: bit of the... I ,forgot :the,, lady; on
17:th Avenue .with the supermarket who came in here and always professed-Ut.:be
the=world's most innocent<person:that didn't know anything: about business, or
violations,.or�.anything, and:yet she was running.an incredible....:: she is 'still,
running. an,.lncredible. business, '..:.very >prof itable, but maybe,. - t`s not :as
profitable'as,it:seems.! It seems very... I:ga.,there;all the time.
Mr.:Cardenas: Also,.if I can, with Mr. Gregal.ot's permission, I would like
the City to correct a statement that what Radio Mambi obtained was a'special
264 December 50 1991
Mambi, and we obtained
which is the adjoining
thwnissioner Plummer. Well, he is asking of you, you answer.
Mr. Gr+galot3 i would like to -correct that. That is
we tried,tolcooperate, Radio Mambi•was told to put up
they..
Mayor Suarez: A covenant.
Mr Gregalot.. . County regulations...
Mayor Suarez: Right.
not so and to show'how
the wall as required -by
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`=.',. �...U:.��.�,m�u�«x;S.�ux�v,' a•.':� »n: xia ��".w+ama�".aa
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Mrs groplot: Buren
Mr6.' Prank RUtigi iano. Wei l,, Frank Rutigliano, 2937 5W 22. Terrace.,:.; past tims
,was here, i'explained how they built the parking lot, which is not on that
3
u.. ,
reap. Can you show me where the parking lot is an there?
a
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z
Mr. Cardenas: No. We're not seeking a building permit, we are seeking...
_
Me6 Rutigliano: No, no, no. You said this is residential property. there is
t
a parking iot on that property -used by Latin American Restaurant. Do you want
to show it on there? No, you don't want to do that.
Mayor Suarez: Can somebody from our staff show us where the parking is and...
Mr. Rutigliano: Exactly how many feet in?
Vice Mayor Alonso: Half the property.
Mayor Suarez: ... white you are at it, show us where his house is because I
meant to ask aboutthat.
Vice.Mayor,Alonso: The back of the property.
Mr. Rutigliano: Yes. I am right in the back, in next door.
Mr Rodriguez: You can -see -in your package. In page number seven...
Mr. Rutigliano: Fifty feet, or sixty, feet, seventyfeet mayt be of the
properties.
Mayor Suarez: The back portion of the very property in question.
Vice Mayor Alonso: Of the property.
Mr.*..Rutigliano..,.Oh yes. Yes, that is residential property. I also had DERM`,
down: there, about; two weeks ago. Because of:theirdumpster is now up against
my`fence on the residential property, and it dripped into my property, and I
have:°no`.::idea.what-it was. :But they -came...
Mayor'Suarez: Is this a fair photographorpicture at this particular moment
of;= you r->home? OK. It sounds like you need to participate in our facade,
improvement.
;.
Mr. Rutigliano: This is° my house.
Mayor Suarez: Right.
Mr. Rutigliano: Why does he has pictures of my house?
;r
Mayor Suarez: Well, I think he is entitled to take pictures of your house,
we= have:
.,.a�c fel low wha took',pictures:= of >my house here andshowed up at City
Hall. I just wanted...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
266 December 5, 1991
rf
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Mayor suaron I am sure they Would.. y if I saw this I would assume that there
'Mike
isrorobably<some xoning.niolationsi All righto why don't you tell us from the
;Y
All right.
`
Mr Rutigliaho: I would fix the place ups
Mayor. Sua.rez.: We' have,programs:to he1p.6ii
Mrs Rutigliano: NoV.itis all done., We just did it all.
Mayor Suarez: Just did it a11.
Mr Rutigliano. Oho yes.
me Cardenas: How long ago was it done?
Mayor Suarez: You mean this is; old pictures? They are bringing old pictures?
Mr. Rutigliano: Two weeks ago.
Mr Cardenas: Those picturesweretaken last week, Mr. Mayor.
Mr. Rutigliano: Right.
Mayor Suarez: All right. We...
Mr,Rutigliano: The whole property Is cleared. In fact, I called them today
they're coming...
Mayor Suarez: We need you on that mike, or else take... there is a little
string there with another mike -you can take with you:
Mr. Rutigl iano: But : that's all totally cl eared up. ` I, ta1 ked ;to Ms. Navaro'.:rto
try.,* to ;get-, her here today,- she ` said she can't come today, I am calling her on
the 13th - totally. But that's my.property, not theirs.
Mayor Suarez: All right, let me see... wait, Mr. Rutigliano. When we're these
taken;so-that.we don!t have;a misstatement here going into the record?
Mr. Cardenas:,. Last week, Mr. Mayor.
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v
Mr.'Rutigliano: Excuse me; we don't want to get... what's this, -for you or.
for me? This is my property.,
s.
Mayor Suarez: No, no, I am trying to be sure that we don't have a
misstatement here,;sir.
x
Mr,*Rutigliano:.._ Yes, it's my property.
Mayor.°Suarez:.. You said �that,:you have._ fixed °-this, up since then,..
iK
M�'=Rutigliano: Yes, it'sall� done. Everything is put away.
5,
267 December 5, 1991
RI?Ys-
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Meyer swat and' ,dust want to Make sure that the pictures..
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Mr Rutialianat aut,that has nothing to do with this.
Mayoruarets He''is undar oath and waht to make sure that we het,
on the
_
record, when thane piturea'were taken.
Mr. Rutigliano: Right. What does that have to do with this?
Mayor Suarez: Otherwise, we can't do anything with him.
1
Mr. Rutigliano: That's the back of my house.
Commissioner Plummer: It has nothing to do with it.
Mr. Rutigliano: it has nothing to do with this whatsoever.
t
Mayor Suarez: Well, I respectfully disagree with you.
Mr. Rutigliano: Why i$ he taking pictures of my house to bring here?
Mayor Suarez: I respectfully disagree with you. I think you've got
to take
a right
pictures of his property...
Mr. Rutigliano: Right.'
k.
Mayor Suarez: ... and to come here and object and I think he,has got
a right,
to,take'pictures`of both your property...,
rr,
`
Mr. Rutigliano: But why is he objecting to my property?,
74
{:
Mayor Suarez: ... showing that it may have all kinds of violations.
,a
Mr. Rutigliano: True. But we are not here for that. We are here
`to.
for h.is,
k,
property:that I just,*sent� DERM
,.
Mayor Suarez::-' 11 right.
A
Commit s'ioner`P-lumm6e: Can we proceed?
as'
:
Mr.-Rutigllanos -And DERM went over there.They said it's commercial waste or,
fl
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something, something, something; and that .they, had, to clean .;it up but
they,
=
still.:'. ,
9
Mayor Suarez: Is) that" a reference to the Dade County DERM?
MRut igl iano: Yes._
Mayor.Suarezt OK`
Mr:Rutigliano: The guy's name Eddy
is something or the other.
Y
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Continissioner Plummer: Fulanito
268' December
5, 1991
}
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Maybe:5uarazr, Eddy Rabbit ular�itn.
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Mrs :Ruiigl iano. Deiarigon. But the -point is, > if he gust said Just put that?;A
x
Vittle back furthers, the Pictures, you would see a big black spot in yard,
,
one toot, and another black spot on the side that they are supposed to
`
according AD-. BERM, come and fiat my property. Because it's their stuff that
came_on to my property. I have no idea what it is.
Mayor .suarez: All right.
Mr. Rutigliano: _ -Yes; I am getting nervous again.
r...
Mayor Suarez: Yes, as tong as we are on to this...
Mr. Rutigliano: - Because I am mad he took pictures.
Mayor Suarez:. ,,,and maybe to..s for your own benefit, there are programs of
rehab that we have.
Mr. Rutigliano: Oh no, my property is all fixed now. I am serious.
Mayor Suarez: All right.
-Mr..Rut igIiano: You walked over there now, you wouldn't believe it.
Mayor Suarez: :All right.
Mr.. Rutigliano::; I had the big that was in here, he was doing most of the
work.
_
Commissioner Plummer_: Where are we on this application before us?_
Mr:°Rutigliano: But that's.got nothing to do with this.
Mayor:Iuarez:- Right. Anything further you want to say about his application?
Mr..Rutigllano: Yes. Since+that time,: I've: called up,:over:there andrsayW
lbok,.r this is .what we want, a wall, a wall. Nobody got back to me. Wel l ,
send us a paper_, send his, send... nobody has talked to none of us.
'
Mayor Suarez: Are you saying a war, or a wall?
'.,Mr..RutigIiano:a:-A
wall. We did just what you said last time.
ti
Mayor Suarez: Because he might;::_want :a war, but...".., ::..
Mr. Rutigliano: No. ;i'11.'give him a war but that's beside the point.
Y
Mayor Suarez: OK.
M
Mr. Cardenas: Now, basically, they misunderstood...
_,.
Mayor Suarez: Were you from Boston at some point?
1
269 December 50 1991
Mra Rutiglianot grooklyn,,New York, I don't play.
l
Maylor Suarez: Brooklyn? - That's worse. All right. They agree now to the
dal
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�IrCa danar;: Yea. Mayor'; let me tell you what the disagreement IS because
4,
we have bean trying to, you know, work with Mr. Rutigliano. The problem is..
Mr• Rutigliano: I'm home every day.
C
Mrny Cardenas: .. that"he wanted the wall built before we came here.
"RIX
i
MF Rutigliano: Right.
Mr. Cardenas: And .I told him that we legally couldn't do that unless we had
the zoning-a'nd land use change, but... in other words, he said that he would
be cooperative if*,we kept our word.
Mr. Rutigliano: Right.
Mr. Cardenas_: He believed that for us to keep our word we had to show
evidence in"good faith.
Mayor Suarez: Suppose we convince you that...
6
Mr Rutigliano: Wait''a minute, let me finish something first.
Mayor Suarez: Wait, wait, no, no, no.
Y
Mr Rutigliano: My back 'is supposed to have a wall, but since they built the
place it is supposed to have a wa11. I said, just build it back, show me
`going
you're do 'something. Or well, we can't do that, we'll do it all in one
w`
shot. There is fifty foot. of my back wall that's supposed to have been.put up
a hundred years .ago when they built the place. ace.` � 'There was a wall` like`"'this°
!
all of"hat�,fe11.
Mayor Suarez; We11, a hundred years, ago°he may, not have been the owner, et
_-
cetera, et cetera.
;
Vice Mayor A I o n s o,:,.He was not around, I don't think.
Mr. Rutigliano. You know what I'm saying. But thewall was never... they',:xr
,
never did nothing:
y,
,, ..
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Mayor Suarez. If you; were to be,assured, guaranteed by this Commission..
Mr Rutigliano: Guaranteed.
s
Mayor Suarez: ... that they would have a covenant that they absolutely must
abide`by, that wo'u1d require that wall that would�be`"acceptable to you::.
=
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Mr. Rutigliano: They, can have it.
Mayor Suarez: That removes your objection?
270 December 5, 199
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T7771
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MriRutigiiano. 'hey can have it.
arc en i Yes, .puree
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Mr, gutigllano: No problem, That's All we've been arguing all along,
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Vfee Mayor Alonsot. He said this last time. He said he had no problemsgust
06 . Wah.1,
Mayor Suarez: How about..,?
Mr. Rutigl1ano: The. same ;thing. This is all we want. But we don't want no
.
entrance on to Z2nd `terrace.
R
Mr ,Cardenas: Right.
Mri Rutigliano: This is-the.whole thing,
Mr. Cardenas: Right. Absolutely.
Vice;Mayor Alonso: That.'s OK7
Mr. . Cardenas:. Yes, ma'am.
Mr Rutigliano= Not even a doorway, nothing.
Mayor Suarez: What else?
Mr. Rutigliano: That's it.
Mr Cardenas: That's correct.
"
Mayor Suarez: All right, let me see if -there is anything else we are`
for.getting= here :before we -vote:
Mr GregaIot: And,: I feel the same_. way, _that;if=: they will live up ..to ,the
regulations that the County requires of a wall separating residential from the
business part of town, and maintain the plants, the...
Mayor Suarez: Landscaping, shrubbery, the whole bit.
Mr GregaIot:,, ... .'landscaping, in a proper manner. It all starts up
beautiful but...
Mayor Suarez: Yes, it deteriorates over a time.
Mr Gregalot ;Yes. Anyway:..
Yice .Mayor ..Alonso: Soy : hear that they have -an agreement, : Theyr say yes a o
the wall,:they;say yes r:to.the deposit...
Mayor Suarez: Wait, we have a...
271 December 59 1991
a{mar
I
V1+re iay� Aeons they "said yes to the larfdseaping.'
Pbmmissioner Plummer: No, you'l,ve got a lady over here, says no.
;
Vice Mayon Alonso: Ohl The lady.
Mr. Rutigliano: All they have to do is walk over to Burger King.
Mayor Sua1e2: All right, Burger King Wall is being used`as an illustration.
Ma'amy did you have something different from what they have as by way of a
concern
"
Ms. Theresa Gregalot: Yes. I'd like to say a...
Mayor Suarez: , OK, please, Mr. Rutigliano. Go ahead, 'ma'am. Give name and
s
address and let's make sure that we know if you have a different concern.'
Vice Mayor Alonso: Lower the mike please.
Ms. Gregalot: Thank you. My name is Theresa Gregalot and I live at'2950 SW
22 Terrace. -I've been trying to fight a lot of these problems since, I guess,
;=
theelate'1960's'. It's thirty years or over...
Mayor Suarez: You have something to do with this gentleman here? = back
there.
Ms. Gregalot: Yes, he is my brother-in-law.
Mr. Gregalot: Brothers two sisters` married...
Mayor Suarez: I thought I heard some similar names there.
Mr. Cardenas: Yes.
Ms.
Gregalot: OK, all right, sit down. My turn.
Mayor Suarez: This is all a family gang? You're kind of ganging up here
#
on:.? _
Msi Gregalot: No We are very concerned by the...
-
Mayor``Suarez: =A11 right, is 'there anything different that he has said
3
that...? OK, all right.,
ri
Ms. Miriam Maer: Ma'am, you need to be on the record, please.
MaySuarez: i just `want' to make sure that now we've got an idea tha4 you
are all part of the same family.
f'
i
Ms, Gregalot: All right,' they' say one picture is worth a -thousand words;
y
`
Welt , '' h ` have sixteen thousand words -herd I want you to look at.-.,
Mayor Suarez: All right.
272 December 5, 1991
,trr n i q Tr` o+s
POR
AWN
Ms. Gregalot: And these, the four top pictures were taken 'a while back. The
others were taken...
t
Ms. Maer: please speak into the mike, miss, please speak into the mike6 —
Ms. Gregalot! All right. I'll do that.
Vice Mayor Alonso: This is the area. 'These are problems on that neighborhood
but not necessarily - a truck that parks in the area, a bus that parks in the
area.; people that throw trash.
Ms. Gregalot: Well, this is an area problem. Spot zoning is just destroying:
this area. It's a cancer. It spreads through the whole neighborhood. If .you _
want to clarify this in your own minds, drive down 22nd Terrace and see what
businesses have done. They make promises, they never follow through .. Radio
Mambi has also made promises. We were here five hours one time and had to
leave- because my husband started having chest pains, and so they had free
sailing. That must be the time when this zoning change was passed. Radio
Mambi-had said they were going to put a beautiful building, a wall; they had
an architect, and,I spoke to the gentleman personally, he said he was going to
put a brick wall, a beautiful, attractive brick wall, landscaping was going to
be in three levels, everything would be completely screened off, none of this
has happened. All right, they put up a double -chained -link fence, they, put up
landscaping, which they removed about two or three weeks ago, and put it all
around their building. They left a few straggly Florida cherries. You could
= look through and. see everything. The picture shows the billboard, the Radio
Mambi. Last night, at three o'clock in the morning, I heard clanging, it
sounded like somebody was destroying a building. Well, I looked out and from
three o'clock in the morning up until through the day, they have been putting
up some kind of construction, I guess they are going to have a party.
Mayor,_Suarez: Where?
Ms..Gregalot: Across the street from me. Across from my bedroom.
Mayor.Suarez: All right, is this related to this property?
Vice Mayor Alonso: No.
Ms. Gregalot: Yes, yes, yes. It's next door to it, and you can..
Vice Mayor Alonso: It's Radio Mambi property. .,
Ms. Gregalot: All right. t
Mayor Suarez: OK, but you can't ... what you're telling us is the general lack
of respect in the neighborhood for codes, and for agreements previously..
made....
Ms. Gregalot: Yes. No enforcement, no promises kept, I don't see where this
previous covenant was kept. I thought you were putting up a beautiful' '
building with a wall to conceal everything, three level. landscaping, Ir don It
see any of that.
273 December 5', 1991
0
Mri .Carydonast Radio MambiIs property you mean; yes
z
`
Mayor Suarez: Nou're.talking about Radio Mambi?
r
a
'
Mai dregal of That's Radio Mambi .
Mayor Suarev: Yes, because they have nothing to do with..,I mean.o.
Ms6 Gregalot: All right, but see, we don't trust them all because of this.
We don't trust any of them. This is entire zone with a big, big problem.
Spot zoning doesn't help us at all, it only destroys that area.
Mayor Suarez: OK. Let's ask the assistant City Manager and planning Director
here. What of the argument that here, we've done all these rezonings,
variancess:et cetera, as shown by counselor, i-think, kind of arguing against
his own project but maybe, I am sure he was thinking he was arguing for it
And they all have covenants, they all have all kinds of promises they have
made, and suppose it's true as she says, they don't keep them, what... is that
a fair statement that they are not abiding by the covenants? I am not sure
that that should affect their application, but I mean...
Mr. Rodriguez: I think in some cases they have been kept. If you see, even
in the pictures that have been shown by the lady, some of the walls have been
kept perfectly wail withsome landscaping.
Ms. Gregalot: Two.
Mr: Rodriguez: _Two of them.
Mayor Suarez: Somebody said that maybe, Burger King is the best place to look
at for-: an example of how to do things right. Did they also get a rezoning at
some:;point for the tot on:22nd Terrace?
Mr.. Rodriguez: It was Mc Donald's, I believe.
Mr.. Cardenas: Mr. Mayor.
Mr. Rodriguez: What I think,is confusing, and maybe I can help you, because I
3
should put it ontherecord, is not your question, but I think I`should anyhow
put.At on the record.
a
Mayor. .Suarez:. Anything that you put..on the record at this point is helpful on
this.
Mr: Rodriguez:,,The:gentleman was...
Mayor Suarez: Because_I am not sure. If we could guarantee that everything
they promise would be done, I am not sure that they would not be satisfied.
It sounds1Il ike it would be- but U am not sure'.-- I am trying to getto that.
Mr. Rodriguez: `Just to put on the record. The gentleman was incorrect when
L
he mentioned before that it was not a change of zoning because the property`
adjacent to the blue was a change of zoning. I know it was not done on
purpose but very difficult to see from the drawings the difference between the
s
274 December 5, 1991
r
AIN
r
change of %oning and the other type of actions. The actual zoning that have
..
000urred" over there f rom 27th to 32nd i s that first block, close to 97th and
the property ii'nmediately adjacent to the blue. Everything else has been other
M
type of .action which are- not change of zoning. Conditional uses, or
whatever. Now, in his case...
MayorSuarez: Well, they are in<effect, allowing properties that would
otherwise not be able to be used for parking, to be used for parking. You
call that whatever you want but that...
Mr. Rodriguez: Except you, last year or a year and -a -half ago, passed
transitional zoning requirements that will not allow them to apply for
transitional zoning in this area, and that's the reason why the...
Mayor Suarez: 'We thought that that meant that they wouldn't be able to put
parking in this, you know, you eliminate transitional zoning, that's it. You
know, you want to come in and you want to change zoning, that's what you:do
Mr. Rodriguez: No. The only avenue...
j
Mayor Suarez: Which I guess is what they are doing.
Me. 'Rodriguez: ... they have left to try to extend the commercial use into
the other area is through a change of zoning and that's what you have here
today.:. I believefromwhat I am hearing there...
Mayor.Suarez: So I guess the message didn't go out very. clear that when we
eliminate transitional zoning, it's because we wanted to maintain residential
on the second lots.
Mr. Rodriguez:r That was clear I think, from your point of view. But there is
aiways-away. Apparently, what is now bothering the neighbors is the fact
3
that there have been no clear follow-up on the promises that were made before
and ,that might be...
Mayor Suarez: By'other'property owners?
Mr. Rodriguez: ':Other property owners:
B
Mayor Suarez: Or by --themselves? -:
(t
Vice Mayor Alonso: Other property, owners..
Mr. Rodriguez: The confusion they have is because Mr. Cardenas represented
the property,•owner before and its a'different case altogether.
t
Mayor Suarez: No, no, no. He is...
xY:..
Mr. Rodriguez: It's a different case altogether.
i;
Mr. Cardenas: Mr. Mayor, I'd like to...
�y
Mayor Suarez: Don't base this on him otherwise, you know, we have to vote
k
,j
against him every time.
J
r
:i:
275 December 5, 199.E
Commissioner Plummer: Mrs Mayor, let me make you a fast motion that might
help to resolve. I make a motion at this time the City Administration be
directed to check all covenants existing between 27th Avenue and 32nd Avenue
and 'make sure that they are in compliance with what they agree to, if not
cease and desist.
-
Ms. Gregalot: Very good.
Mayor Suarez: And all conditional uses, and all specifications related to all
of these that are shown up here.
}
Commissioner'Plummer: Yes, sir. I so move.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll. Lets get this done.
The followingmotion was introduced b Commissioner Plummer, who moved
Y
its adoption:
MOTION NO.`91-917
s
K MOTION'DIRECTING'. THE ADMINISTRATION TO REVIEW ALL
EXISTING COVENANTS OF RECORD FOR THE AREA OF S.W. 22
TERRACE' BETWEEN °SW. 27 AND 32 AVENUES,' TO ASCERTAIN
WHETHER THERE HAS BEEN COMPLETE COMPLIANCE WITH ALL
,!
- TERMS AND, CONDITIONS% SPECIFIED. THEREIN; FURTHER
DIRECTING THE ADMINISTRATION TO CEASE AND DESIST WITH
r '.
ANY RECIPIENT -OF, A PERMIT WHOSE' 'PROPERTY:IS NOT IN
•FULL COMPLIANCE-WITHSAME.
Upon `being seconded°'.by`Vice `Mayor Alonso, the motion was passed an
adopted by the following vote:
72
276 December 5, 1991
RRIR
�. -+ x x
�
OEM.
r
CoWsioner Mailer JsDawkins'
Y
Vice Mayor Miriam Alonso
Mayor kavi'0 L� 5uarei�
NOtt
None.
ABENTt ,
_.
None.
Mayor Suarez:
:
Now, if there was a covenant that you were sure would be
followed...,
Commissioner Plummer:Excuse roe, I "don't think you... you mean a voluntary
covenant
Unidentified Speaker: Yes.
Commissioner Plummet:` And a Cash bond?
Mayor `Suarez: No, no no. They can submit a covenant as part of this.
i
Commassiover`P1um et: Yes, They can also give a cash bond.
N2
Mr. Cardenas: Right.
Mayor Suarez: OK. And...
Mr. Rutigliano:"''What''if they have to have this building, there is no two ways
about it. They have to have it.
Mayor Suarez: 'Are you asking a question?
Mr. Rutigliano:, Well, they have to have this building commercial. They can't.
upkeep the restaurant without i ; This `s a fact. The restaurant cannot run.
T
without'''it, So why don't they rJust,build a wall?
Mr. •'Card'enasi °` Mr. Mayor, let me if i can tell you.
Yice'Mayoit'Alonso: That's right. I think that...
Mayor`"Suarez: —They are going to' build a wall but. I am trying to make sure -
}
�-
thet they do not,only:that.but everything else that might concern you.
i
Mr. Rutigliano:% Yes, do it. I mean, they can do it, ,now.
..
Mayor Suarez: And if you can be assured...
3 "
Commissioner Plummer: Mr. Mayor, I...
Vice Mayor`Alonso:''Basically, it's the wall and maintaining the wall.
`
Mr: Rutigliano: `They have to have it. It's got,to be commercial.'
v!ii
.k; xx -
...,. .'•may+
277 December 5, 1991
Cardenas! these neighbors have been very reasonable people.
rniasipner pI Mer: Mr. Mayorl if I May, to try to bring&.
laOi°uare:ait� wait,'wait, sir. Your matter we have already taken up
µ
now. wc are trying.to be more comprehensive here.
Correli ss1 oner• Plummer- Can I try to bring this to a conclusion. That if this
Is tooftVad that they cannot take out a building permit 'to do anything on the
-
prcp erty until the walls are completed.
Vice Mayor Mango -. They need a'building permit.
}
Mr. Cardenas: gut they, need the building permit to build the wall.
Commissioner Plummer% No, they can get a building permit to build walls - of
course, they can.
Mayor Suarez: For the wall.
Vice: Mayor Alonso: Oh? OK.
,r: Rutigliano: You know...
Mayor 5ua're : 'Wait, wait`, wait; `please, sir. We're°putting a lot stuff...
4
Comnis'sionar Plummer: And I think that would satisfy these people that they
4
tannot take out a building permit to 'do anything else with the property until
r�.
that matter`is resolved. Simple.
Vice Mayor Alonso: And then,�are we approving the Zoning change condition to
time"that' they have�'completed the wall?-- then we give it, they have to
r
come 'back.
Commissioner Plummer: It takes a second reading, so just don't issue a
building permit until second reading.
Vice Mayor Alonso: Oh, if we cannot condition.
omnissioner Plummer: I know.
i
Nice Mayor Alonso. Yes s econd reading. OK. Fine.
_
„
`INAUDIBLE COMMENTS NOT ENTERED'INT0 THE PUBLIC RECORD
Commissioner Plummer. Fine. Let him take out a permit and do the wail.
is
Vice"Mayor Alonso: OK.
{
Ms. Gregal'btT: I 'think ``we' need more than the wall. I think we need
t
landscaping to s
p gcreen off...
Commissioner Plummer: Well, of course, that goes with it, the landscaping and
the°wa^l1: �Of course
s
278 December 5. 09�
WK
Ms� Ireplots And this can all be enforced? �
�orisaione.Piummer:. ,,Yeas ma'am,: because I am going 'to' ask for a cash =taon
t$f.Tc�arantee . that they do i t • 1
1i
iiie#�MayorAlonso: Yes.
14S 'Gregalot: Ail right, well, I'll be right after you Mr. Plummer.
MO.Aardenas: Mr. Plummmer, the only thing that I want to indicate is the
following. That we cannot build the wall until the final approval is given to
the rezoning because it would be improper otherwise.
:
Commissioner Plummer: Why?
:
Mr. Rodriguez: Because they don't want to.
Commissioner. Plummer: Why ? you can build the wall. You could take out.a
permit. -tomorrow morning to build the wall. It's your property. You're the
rt
owner.
Mr. Cardenas: Mr. Plummer.
Commissioner Plummer: Are you taking a risk? - the answer is yes.
Mr. Cardenas: No, no, let me explain. In order for us to proceed to change,
. to put this wall here it's subject to setback requirements for residential.
peoperttes;Aind so forth that wouldn't fit in the legal guidel ines'of that
situation. Ve would , agree to build the wall ` prior to the 'obtainment'of
bui-lding ..,permit: for the rest of the stuff, but it has to'tb'r be at ` least;
simultaneous with:the'approval of the zoning and -land use change.
C.ommissione r•Plummer: Because of residential status, they can't build the
wall?
Mrs Rodriguez:No,- they' can bu11d the wa11 if theyget a permit'.`
Mr. Cardenas: Sergio, they can't...
,, „Commissione�r.,Ptummer:-`-He is eying...
pMr. Rodriguez: M for example, `the wall:that the gentleman was mentioning that :r
he has,to have between the commercial and residential, that's a requirement `of
y the.lawanow -,You have to.'have a,wa11 between commercial and residential.
"Cardenas:' �We11 once it's all commercial that wall is;'not necessary,
Mr.'Rodriguez: But; hd1s.residential.
,Cardenas: .Excuse me?
t
Mr'. Rodriguez: He has a residential zoning.
279 December 5, 1991
f
oKriliaslcner P1u*ert -So ° hOrt ninety days.
y
yY-
Mayor Suarez: Wmoved sand: seconded .
ry
Mr-'tlRodriguez. Six foot v►al l
Commissioner Plummer: Excuse me?
Mr'. Rutigliano: Eight foot wally just like Publix.
Commissioner Plummer: I think six foot is legal, isn't it? -
Mri Rodriguez: Six foot.
Mr. Cardenas: Six foot, right.
Commissioner Plummer: You can't go above six foot. -
Mr. Rutigliano: the other one has eight, because I stood right there and
looked;at`i,t. -Burger,King.
y.
Commissioner Plummer: I'm telling you...
Mayor Suarez:tAo, no, wait, we are saying different things, folks, wait`a
`minute.
Vice Mayor Alonso: ,.What is legal, six?
Mayor; Suarez: One" thiho�is what we would like :to see and the other thing is
-
what f permitted. I: am pretty ,sure you can. have -an eight foot wall.
Mr. Rodriguez:.: `They can go to'4ight.- . .
a.
Mayor Suarez: AS. that'what'.we would like. them to build:
Commissioner PIumner: ' Eight foot -whatever- the legal height limit is.
,`.
Mr. Rodriguez: Maximum height allowed.
Commissioner Plummer: OK, maximum heightallowed. I so move.
}
ai
Vice Mayor Alonso: -We'd 1i"ke to chink -that's legal, because we have it
Mayor Suarez: I have an°eigfit=`foot w611, I sure hope it's legal.
Commissioner�De Yurre: Why don' -you make it...?
Mr. Rutigliano: ' You' `know 'why?> - because the'; property i s this. His property
"
is...
1
Mayor Suarez: Sir, please.
282 December 5, 1991
i
;,z7.sj } Ef2
y'AT
t 'z
f�;
Go►issioner'R1urr�fner: Ybure Winning.
gQ},
�r
Cowissioner CeAeri,.f Mrzi-Mayor, rry don't we`maice it uniforrn with Mathbi?
t
Mayor 5uare How`biG is Radio Mambi7
Commissioner=Oe >f'urres Whatever they have.
Mr. Cardenas: Six foot walti.
'
Commiseionee De Yurre: just keep the continuity of that.
Commissioner Plummer: They want maximum height, I think we should afford them
that protection. If`it's eight foot, so be it, eight foot. It's another
two
blocks.
Mr. Cardenas: Weil we don't mind it. I am just saying every thing else
has
been six foot.
Commissioner Plummer: Fine.
_
Mayot'Suarez: Good, because that's the motion. Anything further? We have A
motion and a second. If not, please read the ordinance. 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'APPROXIMATELY 2947-2949 SOUTHWEST
12ND TERRACE;>:MIAMI, FLORIDA (MORE` PARTICULARL':Y`
n:
DESCRIBED_: HEREIN),. _BY_ CHANGING.. THE. ,:LAND::_, USE;
=
DESIGNATION' OF� THE SUBJECT- PROPERTY FROM DUPLEX
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.
MOTION NO. 91-917.1
A MOTION GRATEFULLY ACCEPTING A VOLUNTARY COVENANT
r:
PROFFERED BY 'LUIS AND RAUL GALINDO, .THE° OWNERS' OF THE
'1
PROPERTY AT 2947-2949 S.W.,` 22 TERRACE, 'WHEREBY SAID
PARTIES OFFER THE FOLLOWINGt
1) TO BUILD°A'WALL, HAVING THE MAXIMUM HEIGHT ALLOWED,
FACING S.W. 22 TERRACE, WITH PROPER LANDSCAPING
>APPROVED`BY'THE CITY:. OF MIAMI PLANNING, BUILDING AND
ZONING DEPARTMENT, TEN FEET FROM THE RESIDENTIAL
PROPERTY'LINE,xBUILT WITH IN`90 DAYS FROM THE APPROVAL
OF COMMERCIAL ZONING;
w, x=
283 December 51
1991
--- ---- ---
TO AGREE THAT NO DEMOLITION OR BUILDING PERMIT OF
ANY KIND WILL BE ISSUED FOR THE PROPERTY UNTIL THE
=Y
WALL S ERMTED I
S) TO PAST A WOOD CASH BOND FOR A PERIOD OF NO LESS
THAN FIVE YEARS TO MAINTAIN THE LANDSCAPING IN PROPER
CONDITION;
4 TO HAVE NO INGRESS OR EGRESS FROM S.W. 22 TERRACE;
5 TO KEEP: A ONE FOOT RESIDENTIAL ZONING ABUTTING S.W.
22 TERRACE TO PROTECT THE RESIDENTIAL CHARACTER OF THE
AP Jb'
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
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
x
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.
AT
73. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION
2947-2949 S.W. 22 TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO
C-1
I
RESTRICTED COMMERCIAL, WITH PROVISOS (Applicant: &-Raul Galindo).
;Luis
------------------------------------------------------------------------------
j
Mayor._Suarez: PZ-2,.Companion.item.
-
Vice Mayor Alonso: So moved.
-
Commissioner Plummer: Second.
_-
Mayor Suarez: Moved and second with the same restrictions provision.
Commissioner Plummer: I'm not in conflict of interest because I eat there
all
the time,: am I?
Mr.:Rodriguez: If you paid.
`
-
Commissioner Plummer: I pay every time.
j
=
Mayor Suarez: -Read the Ordinance. Call the roll.
k2l.
-
284 December 5,
1991
,i;
Was introduced by Vice Mayor Alonso and seconded by CommissionerPlummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L.'Suarez
NOES: None.
ABSENT: - Commissioner Miller J. Dawkins.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Comm ssion and
to the public.
NOTE FOR THE RECORD: At this point,` Agenda item PZ-4
;
r.
was withdrawn.
- --�--------------- --------------- ----------------- ---
-+i
74. --APPROVE,'IN PRINCIPLE, VACATION AND CLOSURE PORTION 'OF N.W 21 STREET
LYING''EAST OF EAST RIGHT-OF-WAY (R-0-W) LINE OF N.W. 12'AVENUE.AND WEST
OF `WEST R-O-W LINE OF N.W. it COURT (ZONED'1 INDUSTRIAL); FOR, TRIAL
PERIOD (90 DAYS) - 'CONSIDER PERMANENT CLOSURE BY COMMISSION AT FUTURE
.DATE (Owner / Applicant: Jetro Cash and Carry Enterprises of Florida,
Inc.)
A.
--1-------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Commissioner PIummer: PZ-3 is Jetco? IsT that correct?
Vice Mayor Alonso:- Jetro contract, yes.
v
285 December 5, 1991
;,l
"t1{'rt.r: cart t �a ,t r 3er1"''
01,
M1i x l F.
ti
}
Commi lidngr Plummen Are -Mayor, I am going to suggest after any lengthy or
shdrt:presentation. I went to this location As I promised the other day and
sat at that location for approximately five minutes. I have to tell you that
there was'a` tremendous amount of traffic this was about eleven o'clock in
{
the morning. i donut know whether the traffic was trying to avoid the
'
intersection of 12th Avenue and 20th Street. There is one significant case
here that when you go to 12th Avenue on this street you must make a right hand
turn, you cannot do anything else because of the Metrorail. I think that
safety is paramount. My recommendation and my favorable vote today will only
be predicated upon a temporary closing of that street for a period of ninety
'
days. At such time, at the end of the ninety days, if in fact it has not
created any more problems and it is satisfied, then we can consider to make it
a permanent closing. But at this particular time, it would be in my
+estimation, possibly the wrong thing to do without trying it on a temporary
basis first.
i
Mayor Suarez: Is there anybody here who wishes to be heard against the
application PZ-S? Is there any testimony that we're going to need from anyone
other than the Commissioner's proposal that was just heard? Do we need to
hear from the actual applying party, Mr. Rodriguez?
Mr. Rodriguez: I'm sorry, sir. What was your question?
-
Mayor Suarez: Are we going to have to swear them in? - that's all I'm asking,
j
folks.
{
Mr. Rodriguez: Yes, sir.
Mayor Suarez: Why is it that every single item do I get no help from anybody
in staff as to whether I have to go through that procedure? I have to ask all
the questions.
Mr. Rodriguez: You have to swear them in, in every case - in zoning cases.
Mayor Suarez: You don't have to swear them in if we don't have to hear
testimony from them. If nobody opposes something, and it's recommended, and
r
it's not controversial, and you're just going to put in the record certain
fr
thing, we probably don't have to swear them in because we are not going to'
take -any testimony. These look like fine outstanding attorneys, nevertheless,
-
-
we have to swear you in, I think.- So, please swear them -in, Madam City Clerk.,
And anyone else that might testify. Apparently, you have no one against you,
so -that's good. It's a good start.
'
Mr. Lester Goldstein: You have to 'swear us in.
A
Mayor Suarez: Please.
Jil
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
=
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
p
Mayor Suarez: Because he says we have to swear them in.
286 December 5, 1991
i
Mr. 0 d t ,ih: Mr. Mayor, ,and members of the Commission,. t aim.. dster
Gt�l ds`t rr t;i th oi±fi.c s at'.10 iiri ck l l Avenue, Mi ar�i , and I r+�pre e� t the
<` ep i e int' i ri 'this MAtter. i have with me today, Harry Smith, co -counsel, my
p , , . MulyAebenco► who i s head of .our cl ient s company, Al f red Moore, who
�►rtner, -
i s head of Bi sti he Engi neoring, i t the engineer on this matter and harry
` Wi l son, whoa; i s with.,the the Beacon . Council To what extent we will have .there
teetify will rkeally depend on the next few moments. y
• Al right. How do you feet about the proposal made by
Mayor Suarez.
i
_
Coi�Wriissi�rier Plun�tier7
Mr. Goldstein: I understand the proposal very well, we only have one problem
with it. if I mays
_
Mayor Suarez: You can take that mike with you.
Vice Mayor Alonso: take the mike.
Mr. Goldstein: This is a copy of the tentative Plat which we have submitted.
-
here in the Way of entrances, this turn
There are `certain things in n
which we intend to dedicate to the City of Miami, et cetera,. which we cannot
do on a temporarybasis. So, I understand the Vice Mayor's idea about the
temporary closing, and where `it's going but it would not allow us to do the
things that would be required after we record this plat, and that's the only
respectful objection that we`have'to his program.
-
Commissioner Plummer:` Sir, you don't have to record this plat until after the
ninety days is up. If we then grant it at the end of ninety days, you record
a.
your plat.
Mr. Goldstein: I guess I didn't make myself clear. Part of our program here
in closing this, is to open some other areas with driveways and.,so on -and so
forth, and�al.so, 'to dedicate this to the City for a turn around, et cetera.
'
Untfl we, record„ the plat; we can't do that and therefore, I'm not sure. if the'
oierall program 'works , except -in its totality.' -.
..
Commissioner "PlummerMr: Mayor, I base on the fact that in all of the other,
closings we have in fact had a ninety day trial basis to find out how this
matter would work,` and I don't see- this as any different than what we have
done in the past with all other tentative street closings.
Mayor Suarez. You mean the ones that we have put barri cades in?
Comnissioner.Plum er: I'm,sorry, Mr. Mayor?
Mayor Suarez: You mean the ones that we have put barricades on?
T'
f
Commissioner Plummer: Yes, sir. z
Mayor Suarez: - Not the ones where we close a street that the owner owns both
of the abutting properties et `cetera?
&sSFE"
C
4
#
r n the portion that we are closing, we do own the abutting
Mfg coldsttin.
4'�
'Cnissioner.�lu�rner: i .understand -that, sir.
iT
Mayor 5uaret: ° Couldn't you do`the ninety day test period without making the
,i
prnranent improvements•..
Commissioner Plummert Of course, you can.
,j
Mayor Suarez: .,o doing any plat, et cetera - just simply by having the .tight
T
_
kinds of --what do;you call those? cones, removable type obstacles?
mean.
Mr. Goldstein: Can we?
Commissioner Plummer: Sure, you can.
Mr. Goldstein: Yes.My only concern is whether or not, without these other
entrances, the turn around and so on, the overall program works. I think it
_
wilt, I'm not sure. I would not want to create a situation that would
prejudicial to my client, because we are doing a temporary solution.
y r ; -
Mayor. Suarez: I would think.,.about eighty or ninety percent of what you're
doing can be done on a sort of provisional basis. He, is concerned about
having to do permanent improvements and have to remove them after ninety days.
.
Mr. Goldstein: Mr. Mayor.
Commissioner. Plummer:`.That's.not the concern.
°
Mr,. Goldstein: i had one;.other.comment, for you, if you may.. We use'City. of
Miami- off -duty policemen` as watchman in that area and so on. It is our
opinion that we might have to hire one or two others on this temporary basis ,
and,.we wonder, if you do want ;to do_. the,. tempo ra ry. thing, could we do ; it= for
shorter period, of ime.l Maybe, forty-five days.
Commissioner .Plummer: Try: it for...
Vice=:Mayor--Alonso: I was going;to.suggest that. Sixty days?
Commissioner Plummer: .I'II split the difference with you, make it sixty days.
a
Vice MayorAlonso: ;Yes.;. Forty-five. -
Mr. Goldstein: Forty-five days? -
Vice Mayor Alonso: Forty-five.
Commssioner Plummer: Fine, forty-five days, try it.
Or. Goldstein: Could we live with that?
-
288 December"5, 199i
rat i £ iis
�,
Mayer scare: Sold*
} r
eftilgionee BeYurre., Going once.
t
,t
Mrs Goidstein. Sold. Thank you, very much. We certainly wi11. _m
Cami sti over Pl uftrner: Merry Christmas,
t t
jVice
Mayor Alonso: Second.
Mayor Suarez: All right, we have a motion that this be approved in principle,
.
subject to a forty-five day trial period. Does it have to then come back? Or
►`'
can it be self-executing?
Commissioner 'Plummer: Well, when they come back at the end of forty-five
days they're going to offer the City something for the amount of square
footage they are acquiring, of course.
Mr. Goldstein: We11, we intended to offer a gratuitous contribution today
in...
`
Commissioner, -Plummer,. Andyour idea is excellent.
Mr. Goldstein: May I' offer it today? - put it on the record? Because you may
want >to take `advantage of it quicker.
Commissioner Plummer: We're going to argue about the amount but your 'idea is
perfect.
Mr.�-Goldstein: OK, well, maybe We won't argue about the amount. Our Client
is .in the wholesale food business,, and what we would like to offer,.is five.
thousand dollars at wholesale value of food to go'to`the homeless -programs as
-
the�City designates, as a gratuitous''contribution to the City on behalf of_our
client.
i
Commissioner Dawkins: That's five thousand dollars. wholesale,.:or. five
thousand''dollars retail?
Mr. Goldstein: Fivethousanddollars wholesale.
can -that
Commissioner Plummer:"4We argue about later.
'
Mr. - Goldstein: Well we wouldn't want you to reduce it for us..
�f
Commissione r`Plummer:' Dr. Prieto,' what did you estimate the property value
Dr..Luis�Prieto: Around fifteen dollars a square foot...
Commissioner'Plummer: Total.'
Dr. Prieto:--... it comes out`to'two hundred thousand.
Commissioner Plummer: About two hundred thousand.
-
289 December
r R�c
_ �J
N
WINE
}�
..
,
i
.
yt—
VA j
�r P �►s , :;; inlmuiilr;
1
� „
.i�
M y�r u�►re : Mhus' Oat they are, giving back to the City.
ierrissioner.�lunrr�er: Yes, two hundred thousand and five thousands there is e
1A:ttle;:bt>o dii'fer�+snce there, isn't it?
Mr* Goldstein: Well.
Cortnmis3iones Plummer: Yes, I thought so.
Mr, Goldstein: vice Mayor.
Commissioner Plummer: Yes, sir.
Mr. Goldstein: With all due respect, if we were using the property for
a
something, we certainly Would want to; pay the City for it.
Commissioner Plummer: Was that five thousand a month, for a year?
�
MGoldstein: It think it wa s- five thousand total.
r.
Commissioner.Plummer: You're :getting closer, but we will talk, about that .at
l
the end of:forty-.five days.
n
Mr. Goldstein: You know,- if .the number- of days of trial reduced, we might be
able to do something here.
Commissioner -Plummer: I hear you talking. I so move, Mr. Mayor.
Mr. Goldstein:' Mr. Mayor, can I ask: one question? You ,are, approving."°our
application-subject.to this trial period?
e
Vice Mayor°A'lonso: forty-five days.
Mr..Goldstein: So at the end of this trial period, if there is no havoc
created; we: are approved.
n,
Ma or Suarez: I would have hoped that it would be self-executing at the end
request for it to be.brought back here,
of forty -flue days unless Commissioner
or; :it after watching: the trial -period and, overseeing it:..Right,
you -recommend
d
Mr. Plummer?
Vice Mayor Alonso: If we have no problems.
'Mr. Rodriguez; Then his question about the contribution will not be clear,
that's:.:the only -thin ,
..Yi ce Mayor, Al onso: So, let' :clear that.
Mayor Suarez:, It is a voluntary. contribution.
1
Mr. Goldstein: It is voluntary.
{
290 December 5, 1991,1
:
a
, Commissioner ! 'Pluffter: Well, we will have this matter, back before us in the
next.r
3
Mayor Suarez: You want it -back? r
Commissioner Plummer: Of course.
Mayor Suarez: You want it.back.
Ms Miriam Maer. Oh, he wants it. So, it's not self-executing.
Mayor Suarez. All right, then the motion states then;that it's subject to the
final Commission approval and after...
Commissioner Plummer: Yes, but we don't know what the results of the .test
period are,°what good of doing a test period?
Mayor. Suarez: We were going to leave that up to the administration to make
self-executing. All right.
Commissioner' Plummer: No no, no. They don't know how to negotiate.
Mayor Suarez: On a forty-five day trial period basis,
approving it in
principle, subject to final Commission approval, if in fact...
Commissioner Plummer: They will use the same theory as the
Code Enforcement
a
Board, which is bad.
Mayor: -Suarez:. ... the test shows that it is conducive
to good traff'ic
patterns and the welfare of the citizens of Miami.
Mr -.-Goldstein: Has not created havoc.
;+
Mayor Suarez: All right, so moved.
x,.
Commissioner Plummer: Merry Christmas and we will see you on
Valentine.
..
�11
Mr. Goldstein: I'm. going to wait for your vote.
z
Mayor Suarez: Do we have a second.
t
'Vice�Mayor Alonso: Yes, .I did.
`
Mayor 'Suarez: Thank you.: Call the roll.
'Commissioner -Plummer: It's definitely coming back.
{
291
December 5, 199,1
IM
r
Tha 101lo fl§ r olUtiOh WAS introduced by Commissioner Plummer, who
moved to adoption:
RESOLUTION ND. 91�918 {
s;
A RESOLUTION TEMPORARILY CLOSING, FOR A 46-DAY TRIAL
PERIOD, 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 LINE OF NORTHWEST 11TH COURT FOR THE PROPERTY
LOCATED AT 2041 NORTHWEST 12 AVENUE, MIAMI, FLORIDA,
IN CONNECTION WITH THE APPROVAL OF TENTATIVE PLAT NO.
126E - "JETRO CASH AND CARRY SUBDIVISION", AND
REQUIRING THE MATTER BE BROUGHT BACK FOR CITY
COMMISSION REVIEW FOR PERMANENT CLOSURE AFTER THE 45-
DAY TRIAL PERIOD.
(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.
I
Mr. Goldstein: Thank you very much. See you in forty-five days. Have a nice {
holiday.fj
Mayor Suarez: Counselor Harry Smith. If you have a second before you leave,
maybe,, go up stairs, I'll give you a copy of that document that I told you
about fast week. You can have fun reading.
Commissioner Plummer: How to cool Yule and a frantic first.
Mr. Harry.Smith How soon would that be, Mr. Mayor? because,I am supposed
to be at a dinner at...
Mayor.Suarez: We'll mail it to you.
Mr. Smith: Would you do that?. -.or I'll pick it up at your office.
Mayor Suarez:. Absolutely.
.' Mr. Smith: Thanks.
t
292 December 5, 1991 f
a
1
iilYiifY7aYilfi/fiiffiaY�iYiilYtalJillW iiii i1fY 15iiiiii�YY�iIY 1®.N1.IYt114Yt.YYirci4iiei7YG�1. iYfYiGilW.c it i.aYl.tiliGW i(1iY.i.Liiii�fC�rii. Y...i.tW/YiYYtiYiiYYY6
.I
�'S* DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION APPEALING
ZONING BOARD'S DENIAL , OF SPECIAL EXCEPTION TO ALLOW OPERATION OF A
'
PAQKADE LIQUOR STORE (FOR CONSUMPTION OFF PREMISES) WITH REDUCTION t
:..
AT
DISTANCE REQUIREMENTS At 3101 BISCAYNE BOULEVARD DIRECT ADMINISTRION
TO REQUEST LETTER OF DECLARATION BY PRIMARY TENANT OF SPECIFIC
7
COMMITMENT 'O:DUILD ON PRESENT SITE (Owner / Applicant: 3101 Associateg.
Ltd.). (Continued to January 9, 1092.)
y;
nt------i------------------W.�wr�------------aliY!'--YYrri----�IrrYiwrYbiY�ifii
Y'�Li�4i.lr - WTi--Y�
Mayor Suarez: PZ-5.
.
Commissioner Plummer: Quickly, I've got to leave.
Mr. Olmedillo: PZ�-5, Mr. Mayor, it's an appeal... you may remember that
legislation was passed to allow on a case by case basis to reduce the distance
requirements between liquor stores. This is a case such as that. It was
taken before the Zoning Board, Zoning Board denied it on a five -to -three vote.
The appeal is before you and briefly, the department is recommending denial
also.
Mayor Suarez: What are the criteria that we would. apply in approving or
disapproving?
Mr. Olmedillo: The criteria is that contained in the special exception
'
section with the Zoning Ordinance which deals with access, with traffic, and a
catch all that is there which is the impact on the neighborhood.
Mayor Suarez: A catch all.
Mr. Olmedillo: It is a catch all in the sense that it addresses everything
holistically.
Mayor. Suarez: All right. Could everyone that is -expecting to.say something
on this,.please stand up and be sworn in on both sides?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511�TO,THOSEPERSONS GIVINGTESTIMONY ON ZONING..ISSUES.
Ms. Lucia Dougherty: Mr. Mayor and members of the Commission.
Commi.ssioner.Plummer: They are first, they are the appellant. Aren't this on
=
appeal?
Ms. Dougherty: I am an appellant.
Ms. Miriam Maer:. She is the appellant. -
Mr. Olmedillo: Yes, but the appellant is... she is represented by Lucia
Dougherty.
If
Ms. Maer: It was denied...
t
a
1
293 December 5, 1991
IL
e
f
t, d
tOMMssionOr PlU*Ort OK, 'Y'm sorry
M .Dougherty: My name it Lucia Dougherty, I am an attorney With laW'offioes
at.1221 Otitkell Avenue. I are here today representing Leffmark Florida, inc''
'
With me is Gerald K. Schwartz who 1s my co -counsel, Bob 9hapiro,,who is.a real
estate consultant and attorney for Leffmark; David Freedman, whois
.'a
principal, and Seth.Warner, who is a principal of the owners of the existing
property.. Leffmark proposes to purchase the property that 1s at Biscayne
Boulevard between 31st and 32nd Street. in order to build a twenty-three
thousand square foot retail complex that would contain a Wallgreen's pharmacy,
a Payless Shoe Store, a Dry Clean USA, and Blimpies Subs, among others. This
will be the first new construction on Biscayne Boulevard between the Omni and
36th Street that I confirm today in at least the last five years. The
Building Department couldn't confirm in the last ten years, but they don't
remember any building permit since then.
Mayor Suarez: Or Credit Bank or Carry Bank - which is that bank that's
.up
there?
Mr. Rodriguez: The building on 34 - or 33, right? -
Mayor Suarez: But not more than ten years.
Mr. Rodriguez: Yes.
Mayor Suarez: I didn't even know that, bank is still there. Is it still
there?
`
unidentified Speaker: That's empty over there.
Mayor Suarez: Empty?.- The building is there, all right..
_
r
Commissioner Plummer: Don't hold your breath.
Ms. Dougherty: I would 'first like Bob Shapiro to stand up and tell you a
little
,i
'.
bit about the benefits of the new construction, and it would have on
i!
Biscayne Boulevard.
Mr. -'Robert -Shapiro: My name is Robert Shapiro,.my.address is,2665'S. Bayshore
rj
Drive, Miami.- Mr. Mayor, and fellow City Commissioners, I am the development{
consultant and director of development for Leffmark Florida Inc., which as
'`
Lucia said,,has the contract to acquire approximately two acres of land. at, the
-
subject location.' The intent is to 'build a first` class' retail neighborhood
center, to service what we think, is a community that doesn't havelot of
; —
,-'A
servicing of their` needs at the moment in terms of convenience food;
convenience drugs, and shoe stores, sub shop, a Dry.Clean USA, -et cetera: The
3.
foundation -`for this'particular''development is... the applicant is the tenant
Wa1.1green, which, is a major national company with over two thousand..,stones
nationally and overtwenty-four in Dade 'County -of which about six-alre'ady.in
Miami.: And.,.
�>
-7,
Mayor Suarez: Mr. Shapiro, are you basing your statement that Wallgreen is
supposed to be a tenant on the letter that is dated September 11, 1991 that
+
we have been given in our staff?
294 December 5, 1991`'
t rw'} F
MN 1h&Oiro: Yes, Mr, Plurinner, but if you would give me.. one :minutei
Watlreen -as part of their normal operations of stores in Florida generally
has with it, and when I say generally, probably more than eighty to ninety
percent of their stores have liquor stores attached to it. And the reason for
that is.that the customer count in units where .there are liquor stores
increases anywhere from twenty to -thirty-three percent, because of the liquor
stores and there is cross purchasing between the convenience food and liquor
store; and between,the.bi and vice versa. a
Commissioner Plummer: t understand all that,.sir, OK? But, the real issue
here that the appeal has been taken on, I guess, is the liquor store itself.
I, don't think there is anybody objecting to the shopping center. Am 1
correct
Mr* Rodriguez: - No. The only issue before you today is the distance of the
liquor store that they are trying to get a waiver, that's it.
Commissioner Plummer: But we're talking all around it.
Mr, Rodriguez: Oh!
Commissioner Plummer: Let's talk to the issue, OK?
Mr. Shapiro: The issue Mr. Plummer, is that Wallgreen... we do not know
whether or not Wallgreen will do a foodmart pharmacy only, without the liquor
store. If Wallgreen is not a tenant, then Payless shoes 1s not a tenant, nor
is anybody, else a tenant, and we do not buy the property and the development
does not go forward. ,
Commissioner Plummer: It still doesn't change the issue before us. a
Mr. Shapiro: I'm not speaking to the legal issue. Excuse me, if I may. The
top board here is two different color schemes actually, of our proposed
' elevation of what will face Biscayne Boulevard between 31st and 32nd Street.
As, you can see, it will be probably the nicest and most upbeat building in
that. particular area. We believe that by having Wallgreen in that area, and
by,having this type of development in the area, that the community at large
will benefit tremendously.-. We have put together and I have sent'to each one
of you, and hopefully you have received it today, a letter together >with a
copy of what I am showing you on -this board today. We. have put,:together; a
presentation which.: shows the economic benefits to the community. The
construction cost for this particular project will be in the-neighborhood_of a
million and -a -half dollars. Our estimated annual sales between-Wallgreen and
the six .other tenants will be somewhere between nine and twelve million
dollars based on. our discussions with the tenants, based on a six and -a -half
percent sales tax which goes into effect - the State sales tax and that
special hospital tax totals somewhere between five hundred and fiftyand seven
hundred and eighty thousand dollars. The real estate taxes alone for the City,
of Miami and the County, depending on what the assessment is, we estimate to
'j be somewhere between forty and.sixty thousand dollars. More importantly, we
think that what is happening now in the national economy, with the general
4 decline and. recession, that we have something here that can turn the City of
Miami in this particular area, around, in terms of revitalization of the
Biscayne Boulevard corridor, and the corridor into downtown. The board speaks
296 December 5, 1991
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N{Y;
for itseic, There will ba,dvar fifty full-time employees, there will be fifty
:. td;sevntyfive part-time employees, and we expect that the area will genet
the ,shopping center will get 'somewhere between six and eight thousand
dUstombtg per week, creating a lot of economic activity in the area and
hopefully, attracting other people to do economic development in the area. As
a`matter of`fact, and I say in your letter, and N1 close with this, that we
were approached within the last week by another owner of property within ten
blocks of this particular property to help them develop their property with a
supermarket that has expressed an interest, a major supermarket and several
other smaller uses. And we are going to be talking to them in the near
future. But that was generated based on the fact that we were doing this
particular development. I expect that will happen in the future as well.
Thank you very much.
Mayor Suarez: All right.
Ms. Dougherty, Our request is for you to grant a special exception to reduce
the distance requirements from 1500 feet to 600 feet in order to permit this
liquor store to be within 600 feet of an existing liquor store. And as he
explained, Wallgreen uses this to benefit not only itself because of t the
traffic it generates, but the rest of the shopping center itself. So, if you
really want to make sure that the shopping center that you create on Biscayne
Boulevard is a success, then you'll want to have the liquor store that will
bring other traffic in to this shopping center itself. The criteria found in
your ordinance, Mr. Mayor, are as follows, for the granting of a special
i exception. `'''Whether there is ample off-street parking on the same site as is
the subject establishment, or whether there is adequate off-street parking on
F the site, or whether there is adequate off-street parking in combination."
There is nothing in the record that says that there isn't any off-street
parking, there is an inadequate amount of off-street parking. We meet all the
City's criteria and we meet the zoning code for Off -Street Parking, and we do
have an adequate amount. Whether there are residentially zoned areas within
375 feet of the subject site, and how the subject site is screened in terms of
;? noise, odor, or light from the residential area. Again, we have a buffer if
you recall, we have two block's on the east side of both our properties that is
a buffer to this shopping center, because you made us keep in perpetuity, or
Actually, for ninety-nine years. We have to pay the taxes, we have to leave
u it- vacant, we can't use it, but it's a 100 foot buffer between us and the
properties to the east. Again, there won't be any noise, odor, or light
emanating form our property that would'disturb the residents in that vicinity.
Now and to what extent advertising signs on the establishment had been a
satisfactorily minimized in 'size and reduced in lighting in intensity. Again,
we'll put whatever "size that is permitted under the zoning code and subject to
your review at the building permit time, and we will satisfy you that nothing
t
will be adverse to the community in terms of our advertising.
4j
Mayor Suarez: Excuse me for a'second, counselor. Where is the buffer, how
would it...? -
Commissioner Plummer: Behind it.
Mayor Suarez: Would you point it on the map there?
297 December 5, 1991
i
I�r i l ttedilln: You may remember, it's a continuation of NE 4th Avenue. When
the property came originally for a rezoning, then the owners proffered giving
that to the'City for the continuation of NE 4th Avenue. So, it's aligned with
4th Avenue.
Ms. Dougherty: Next criteria is, how and to what extent the proposed
utablishment meets the standard in section 1305? Those standards are ingress
and egress. We meet the City's zoning code and have been signed off by public
Works with respect to ingress and egress. Off -Street parking and loading
again, we meet the City's criteria. Refuse and service areas, again, we meet
the City's criteria. Signs and lighting, there is no problem and nothing in
the 'record that would indicate that we would do anything to violate the signs
or lighting code. Drainage, same thing. Preservation of natural features,
again, there are no natural features that need to be preserved. Control of
potentially_ adverse effects generally, and this is where it says that you
should minimize any adverse effects by implying conditions or imposing -
conditions upon the development of the property. This is not a variance. The
criteria is not whether or not there is a hardship, it is simply whether or
not it is a permitted use subject to your review to minimize any adverse _
effects that it would have on the neighborhood. We are asking for special
exception to permit a 2000 square foot liquor store. This is not a giant -
liquor store, it's 2000 square feet. It doesn't have any adverse impacts on
the neighborhood, I don't think anybody has ever complained to you about a
Wallgreen in the City of Miami, of which there are many, because...
j Mayor Suarez: Try to envision for a second, if I may interrupt you, get a
4 sort of mental picture of where we are. Where is the causeway or the
expressway; heading towards the causeway - it doesn't fit in there? Right at
the very top. Oh, that's very cute. You did that so that we wouldn't get to
see that. All right, right at the edge of your map.
Commissioner Plummer: Oh, you're picky today.
Mayor Suarez: I'm picking on... I love to pick on Guillermo, he has that...
doesn't he look like a straight man? - I mean, let's face it. He never reacts
you know, he just smiles all the time.
Mr. Olmedillo: I am.
Vice Mayor Alonso: He is a nice person.
Mayor Suarez: He smiles all the time.
it either. All right, so...
Mr. Rodriguez: Growls? That's good.
Mayor Suarez: Yes, so the causeway is up there, and see him trying to think
of any other landmarks. I see Baypoint - where does Baypoint begin?
i,
Commissioner Plummer: Baypoint is way north.
f
Mayor Suarez: OK. But there is something called Baypoint Place there, what
is that?
298
December
5,
1991
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of
bommiasid1ner bawkins: `hank you.
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F
Msl Duughert9i And the entire complex will be twenty"thr�e thousand. Again,
a`
the Zoning code -permits this particular use, -the City code is the only;thih
that says you haVO to be six hundred feet away from another liquor store
i
boar itIone r`'PIummer: The City code says fifteen hundred.
Ms. Dougherty: Fifteen hundred feet, you're right unless you.get a special
exception, which is why we are.here today.
Commissioner Plummer: You're right.
—
Ms. Dougherty; Martha Weinberg, who is the owner of the competing liquor
store within 600 feet, will probably tell you that she believes that this will
put.her out of business, the permission of this liquor store. I don't know if
that's true or not. I suspect it isn't, because she is...
Mayor Suarez: They were just nodding, they are reflecting agreement with your
statement, and here I thought they were neighbors, they .were ,coming: here to
suggest that something better ought to be done. They are the competing liquor
store, OK.
Vice Mayor`Alonso Yes.
'
Mayor Suarez: That makes sense.
z
Ms. Dougherty: She is going to tell you it's going to put her out of
3
'
business.
4
[AUDIO SYSTEM NOISE]'
Mayor Suarez,: I.think it'.s trying to tell us that we've got to, change real
i
soon, -this sound system. ,OK.
;
'
Ms..Dougherty: I'm not sure that's true because she has done a_good job of
getting two hundred very loyal customers to sign a petition, so, she has got 'a
unique service, so I don't know that we wi11 put her out of business. I But
assuming that we do, it's not going to make any difference if it's fifteen
!.
hundred feet.
..
r
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Mayor Suarez: That's the most convoluted, cyclical argument I've heard in my
entire life:
i-
'
M. Dougherty: It doesn't make any difference if it's fifteen hundred feet.' ,
Mayor' -Suarez: Since she got. two hundred petitions against you, probably,
those -.will become... will stay.as loyal customers of hers°and not come,to you'.
�>
All right.
Ms. Dougherty., I.would assume;that she is doing a good -job and she will stilt]
!
ha ve.loyal,customers as she does'tonight.
Mayor Suarez: That real cute too.
,
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300 December 5, 1991
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Ms eo-iOherty:, But the truth of the. matter i s o If it's fifteen hundred feet
ors,ix hundred. feet, it's not going to make any difference. If it puts here
out_of. business, it.will put her out of business. Out I don't think it will
The distance requirements are not here to protect from competition Zoning
laws aren't here to deal with competition, they are here to protect against an
adverse impact on the neighborhood. And I don't believe that Wallgreen...
Commissioner Dawkins: You know, not arguing for or against, but I don't... I
have to take exception to your statement that she will not suffer adversely.
She cannot buy in volume like Wallgreen and therefore, she will not be able to
sell at the same price as Wallgreen.
Ms. Dougherty: That's probably right.
Commissioner Dawkins: Now to the fact that how loyal her customers are
depends upon whether they want to pay that five cents or three cents extra.
_
Mayor Suarez: Now we have, following philosophically arguing, we have in our
code, I believe still, a provision that allows an exception from the; distance
requirements when we have a mini -specialty center, don't we?
Mr. Olmedillo:. We do, sir.
Mayor Suarez: And this is not one of those?
Mr. 01medilloi No, this is not considered.
Mayor Suarez: All right.
Mr. 01medil-lo: Because of the characteristics.
1.
Mayor Suarez: Because this 1s not built by the Rouse Company, or by Bernard
1
or,..Ford and Company, or, some big old developers, right? This goes to your
prior argument on that, that even small, you know,_entities should be able::to
take.,advantage of that. I'm just trying to get my philosophical,bearings, dk
Ms. Dougherty: I have a report from the Northeast Task Force of the ad hoc
subcommittee onBiscayneBoulevard development, which I am sure all of you
were sent a copy. Interestingly enough, many of the issues in there which
this task -force was supposed to discuss our item, they don't actually come out
1
and say they disagree with it, or they don't want it - and let me address some
of.,the;issues. First they. say we are concerned that Wallgreen won't come in
here, there is not really a buyer. I am saying to you, condition this special
exception upon Wallgreen being the buyer and the tenant. Security, there is
.
nobody is going to be more secure that this national firm that does provide
security, and good lighting, and protection .for the neighborhood.., They also
-
suggested that we have parking in the rear of our building.. That's not
something that the neighborhood can do. right now. Right now, parking has ,to
be, in, the front of the. buildings on Biscayne Boulevard, because ,peoplewould
just be`too;.fearfui of going behind.the buildings to park, They asked that we
,
don't have any adult book stores, coin laundries, pawn shops, or, video
arcades. That's. something we would also suggest.you.make as a condition to
301 December 5, 1991
x
this SpItial exception,, This spatial exception gets taken away from us if we
liver 'Put those'kind V Uses in. We would agree to those conditions, we
believe we've met the criteria for the special exception, we would agree to
other kiAdg-of conditions that you might find to Mitigate any adverse impacts,
And we would urge your approval of this special exception. Thank you, very
much
Mayor-Suara: That's it. Do we hear from the opponents?
Ms, Martha Weinberg: Good evening, my name is Martha Weinberg, my address is
3001 Biscayne Boulevard, My name is Martha Weinberg and I own Boulevard
Liquors at 3001 Biscayne Boulevard. 1 am forty-two years old. About three
years ago I had an unpleasant divorce which left me with a ten year old son
and a seven year old handicap child. To make a living for my family, I
borrowed funds and purchased Boulevard Liquors because it was a neighborhood
store for about forty-five years. I developed the superb reputation with my
Customers, and I give excellent personal service. I have cooperated with the
Miami Police Department to substantially eliminate prostitutes and drug
dealers from my corner. I am handing the City Commissioners a petition signed
by my neighbors stating, and I quote, "To the Mayor and the City of Miami
Commissioners, we the undersigned oppose a special exception change from-1500
feet to 600 feet which would allow another package store, one block from
Boulevard Liquorsi located at 3001 Biscayne Boulevard," unquote. I
respectfully request that you never allow such a special exception for a
retail package liquor store to ever be less than 1500 feet apart, and in this
case which Would put another liquor store one block from my store. This would
really ruin my livelihood and my life. Thank you.
Commissioner Plummer: Come on Jan, you're itching to get up there.
Mayor Suarez: By the way, if you consider branching out somebody here, all
these liquor stores competing, I don't think there is any right close here on
Coral 'Way, since that one that used to be awfully close to 12th Avenue and
Coral Way closed down. Great opportunities for liquor stores here on Coral
Way.'- Not that I ever need to good to a liquor store or anything like -that;
but I!ve been known to drive all 'the way from downtown on Coral' Way lookin;
for one andI"donit think I can find one all the way to 37th Avenue., Not1hat
I ever1ook for them, but - yes.'
Mr.' Matthew Gissen: Mayor Suarez, Commissioner...
mayor -Suarez: That's twenty-five block without a liquor store.
Vice Mayor Alonso: You have explained that twice.
Mayor Suarez: Yes.
Mr. Gissen: ... my name is Matthew Gissen and my office is located at 3180
Biscayne zBoulevard which is directly west of the subject property. I
represeht-the owners of the property which are directly west of the subject
property, directly , east of the subject property, and one-half of the block
between 31st Street, 30th Terrace, NE 4th Avenue and BiscayneBay,
Mayor Suarez: You represent them, but not for compensation.
302 December 5, 1991
I
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Mr. G1ssent Not for compensation.
Mayor Suarez! Just speaking for them here.
Mr. Gissen: Right. They are owned and operated by a nonprofit corporation
known as the -Village South, of which 1 am president and chief operating
officer.- We have a substantial investment in that neighborhood as you all
know. You renamed the street for us called, the Village Way. I - if we
approve this application, the Village Way, is going to lead directly into the
local new package store, and I am concerned about that. I think that the
integrity of the neighborhood has been greatly enhanced by our presence there
as we put up some beautiful buildings and renovated buildings which are
equally as nice as we see on the very beautiful artist's rendering. I think
the issue clearly is, is there a need in this case to reduce the distance
between package stores from the present regulation of 1600 feet to a 600 feet
distance. If we take a look at that, there will be only one person who will
gain any benefit from avoiding that 1500 foot regulation and reducing it 600
feet, and that will be the profit motives of the developer, the land owner,
and the Wallgreen's liquor chain. Now Wallgreen certainly has manystoresand
they do very well. And some of their stores are absent a liquor store, and I
don't know for sure that Wallgreen wouldn't like that location without a
liquor store. I don't think that letter said anything of that nature, and I
don't know that any representation or indication on the record indicates
otherwise. But I think the granting of this exception, we should look at who
will benefit from it certainly not Ms. Weinberg, certainly not her. But
what about the people I represent, and the investment of time and effort that
we've put into that neighborhood in putting together one of the State of
Florida and America's finest treatment centers for alcoholics and other drug
abusers. And we are now going to give our community a real solid message,
let's open up a 2000 foot liquor store within a stone's throw of local
treatment center in the City of Miami - within 100 feet. So, now we can have
i egress and ingress to and from the liquor store without even getting your head
wet if it's raining. That just doesn't make very good sense to me. I've seen
no excessive demand for another package store in. that neighborhood. I'm
sorry, I don't see anybody 'here saying, yes, let's open another package -store
none of the neighbors from the neighborhood are here asking you to do that.
I'm not asking you to do that, only the applicant is asking you to do:that.
Mrs. Weinberg has a nice little -business. I don't see them lined up outside
herdoor creating excessive demand for a liquor store. :So I don't think the
demand in_ that respect is there. 1 I think that if we need anything in -that
neighborhood, we: probably do need another drug treatment center, and I know
that I:could not come before you and get a special exception no manner, shape,
or.form to open up another treatment center.
Mayor Suarez: Not a good idea.
Mr. Gissen: No way I could... so I am not even going to attempt to talk about
that. I don't understand the logic that a package liquor store will
revitalize that neighborhood. That just doesn't make: sense. A shopping
center, perhaps, but a liquor store as being the focal point of the
revitalization of that corridor of the City of Miami, just doesn't make sense.
A -first class shopping center, yes, with a Blimpies, a Payless shop...,a shoe
store, perhaps, well, maybe some other tenants of high repute. A twenty to
303 December 5, 1991
�+ 8j ,^ 'r*��aws41K+•Xe.e'«-+rawi .` ,k*m.r,' -ten sh.*�.„x�;�r -
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thirty percent increase in the estimate count of people coming and going,
well, that's going to create some traffic problems, that s going to create
some difficulties pulling in and out of Biscayne goulevard on a street where
there is no traffic light, which is almost_ impossible today to cross, I've almost +come to ` you and ask you to build a pedestrian underpass to get aoross
the street sb that we could get to facility and the offices, because you can
cross the street there. gut now we are going to have cars pulling 1n and out
of an unmarked intersection. Plans for the renovation are going to beautify
the neighborhood, yes, they probably will, and our plans for renovating our
business office at 3180 have been submitted to the Building Department, and
that equally will increase the beautification of the neighborhood, and
probably will revitalize the neighborhood to some extent by us doing that. I
think that if I had to some one thing, why do we want to reduce the distance
between liquor stores from what's on the books at 1500
feet to 600 feet, I
don't see any compelling reason that we need to do that. I don't think that
the project perhaps would be totally lost and if not this project, another
project will come along that will be financially feasible, and we will see
development. And development for the sake of development just doesn't make j sense unless there is a good foundation for why we are doing it. And the
reduction of your ordinance from 1500 feet to 600 feet just doesn't make ' sense. And I thank you for hearing me.
Mayor Suarez: Thank
.you, sir. Very good. That's it? Janet, you're
finished? Wait a minute, is he part of the family?
Mr. Dory Auerback: No.
is
Mayor Suarez: Not part of the family.
Mr. Dory Auerback: My name is Dory Auerback, my family and I have owned an
apartment house at 456 NE 29th Street for over twenty years. This is one
block away from ,the existing Boulevard Liquors and is two blocks away from the
subject property. My wife and I have been consultants to Ms.
Weinberfor two
years for the great sum of one dollar, and we will continue toserve her for
the same fee for as long as she wants us. I sent all
of
a11t my correspondence, which is rather substantial,yoand �f hearepliess-to
Chairman C. R. Wallgreen, ill. I hope that most of you have seen it. The
Mayor has pointed out one letter, I am going to give you the two originals
because there is another one.from his chief... his director of Government and
Corporate Relations. One was the one that
u saw Maor, and one 'is dated
September... about a couple of months later. oLucia mentioned that she wants
YOU to make this subject to an agreement with Wallgreen. Well it's
interesting that this whole thing started somewhere in May, and as of this i+
moment, some seven months later, there still is not one official situation '
showing that they are interested in making a lease.
So there: is still a ;
Possibility that if this gets passed, anyone can have another liquor store 600
feet from the existing liquor store. The focus succinctly on the issues of
all my correspondencewithWallgreen and the issue of the PZ-5 appeal, I
believe the following summarizes the issues. The May 9, 1991 ordinance passed
by the City Commission, changed the liquor store spacing from 2500 feet to
1500 feet, that's the current zoning. Now, only ,seven months later, a rather
short period time, I believe it is highly improper to
ecial
exception from 1500 feet to 600 feet. I, and many others oppose tany special
exceptions. In the matter at hand, Lucia said that the criteria is not a
304 December 5, 1991
ni c g
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ha_rdship.. I respectfully suggest that you consider whether that is true or
note To open a 1'iodor store one block from Boulevard Liquors would in the
60er!s`bpihlon, and in my opinion, and in others' opinion, be one that would
be detrimental to her livelihood6 this is a lady who bought this store three
gars qgo, which store has served our Edgewater community for about for
years. %Members of the City Commission, Senator Danforth in defending Supreme
court Mtitt ThomaS, Spoke eloquently. He said, no political agenda of
anyone is worth destroying a human being. I respectfully submit that no Miami
City economic agenda is worth destroying a human being. Please reject this
appeal, and please do not permit this grievous injustice to take place.
Mayor Suarez: Who is the human being that you're talking about?
Mr. Auerbacht Martha Weinberg.
Mayor Suarez: I think you should direct your arguments to the neighborhood,
not to any one commercial activity as much as that one is important and that
family is important.
}
Mr. Auerbach: Mayor Suarez, there are others who can do a very fine job on
that, and will.
Mayor Suarez: I agree.
Mr. Auerbach: lam here to speak on her behalf.
Mayor Suarez: I agree with... philosophically with the statement made by
counselor, before that the distance requirement is not really to protect
competition. It is to protect the welfare of the citizens of Miami, but
anyhow, you've taken that approach.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
s
Commissioner Plummer: May we be privilege to the letters that he speaks of?
Do Iunderstand from these letters, the one which you received and two more
which he filed, that says that Wallgreen is potentially not going to even"
build there? -I am at a loss. What are these letters.., what did they say?
Mr. Auerbach: Commissioner Plummer, if I may.
Ms. Dougherty: May I...?`
Commissioner Plummer: No, no, no, please, I am asking,.can I get.copies of
those letters? Is that in the ball park?
Mayor Suarez: Yes. Let's make sure those are...
3 Ms' Dougherty: Mr. Plummer, let me explain. My client is the man who wants
' to_buy the property. Unless Wallgreen goes there, my client is not going to '
x= buy the property. So you can be assured that (a) the special exception will
become null and void if you should grant us one, if Wallgreen does not
actually come there, because my client is not buying the property unless
Wallgreen comes there.
305 December 5, 1991
{ c6mt issioner Plummer: Well, wouldn't we be better
fact that they were or were not going to be there?
naught if they say, hey, bye, we are not interested.
P
informed if we knew for a
I mean, all is this for
Ms'. Dougherty: They won't decide whether or not they will go there unless
they know whether or not they will have a special exception for a liquor
store.
-
Commissioner Plummer: Well, they can indicate... let me tell you, they could
damn well indicate on the record that unless we get it, we are not going
there, that would be one criteria. But if I am not mistaken, these letters
are indicating.that they have not made a decision at this point - unless -I am
mistaken, and that's what I am asking. Are we really in fact, premature,
without a commitment on their behalf, and if they, you know, they say, hey, we
are not sure, we maybe, could be, that's a different ball game.
Mir. Auerbach: Commissioner, they may very well come without a liquor. store
.Y
a
and we will be.very happy to have them.
Commissioner Plummer: Well, that's also a possibility, sir. But without them
making a commitment in writing, I don't know where we stand.
Mr. Auerbach: And I suggest that... I respectfully suggest, that whether they
ai
have a commitment or don't have a commitment, it's improper to have one within
;
one block of another existing place. -
Ms. Dougherty: The Wallgreen's committee has approved this site and has
agreed to come.to this site, I've just been informed, subject in getting this
special exception. And I am sure that we can get that in writing.
Commissioner Plummer: Let me ask you this. Have they so stated without the
special exception they will not come to that site?
Ms. Dougherty: They have not -said that..
Commissioner Plummer: What?.,
Ms. Dougherty: No. They just said that with the special exception, they
{
would.
Mayor Suarez: We don't know the converse.
s
Commissioner Plummer: We don't know the reverse.
'
Mayor Suarez: We don'.t know the reverse. Anything further, Janet? Why is
the big tall attorney getting up every time that we get to... are.you going to
be.addressing us?
Mr. Robert Sechen: Mr. Mayor, and Commissioners, I would like to speak in
('
favor of the granting of the variance after the people who have spoken against
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306 December 5, 1991�
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CioMM41411er Plummer: It's a 0MMission... They can do it on rebuttal, 81r,
that's proper.
_
Mayor Suarez: And presumably, he is speaking
as a citizen, not as part of
their= presentation s You are a citizen of the area,
I presume?
Commissioner Plummer: Let me tell you where I
stand, Mr. Mayor, right now,
before Jan speaks. `I think this matter ought to
be deferred...
Vite.Mayor Alonso: I agree.
Commissioner Plummer: .., until such time as we have a definite comitment '
from the... who would be the primary tenant.
If in fact they would build
there without the special exception, we know one
avenue to travel. If they so
state in writing that they would not build there
without it, that's another
road to travel. But at this particular time, we
don't know road that is going
t
o be down or will not be done. And I am saying to you that my vote at this
particular time would only be for a deferment until a clarification or
declaration by the primary tenant was to be made, and we could understand
exactly what's going to be happening.
Vice Mayor Alonso: Yes. And also, I think, something that the Mayor made
reference to, it's a very important point that we cannot forget on this issue.
And believe me,, I like this 'lady -a tot, and I am having a hard time trying to
think of how I.am going to vote, because I met her, and I sympathize with her
case. But I think something we have to remember and he mentioned that in`a
very clear fashion, it's on the basis of competition, it's very difficult to `
deny a zoning change on the basis of competition. So, I really think that it
will be wise to defer this item and to look at the possibility. Is Wallgreen
coming? Are they coming with the liquor store, without, the real conditions,
and then 'be -able to make a final decision.
Commissioner Plummer Let me try to bring this to a conclusion, if I may by 'a
vote, and maybe, 'I°can force the issue. Mr. Mayor, I make a motion at this
time,Mr. Mayor, that this matter be deferred, that the administration ask for
a.letter--of clarification or declaration by who is to be the primary- tenant
and at:, that time, be rescheduled for an agenda at which time we can make a
decision. I'll so move.
Mayor Suarez: So moved.
Mr. Sechen: May -I speak on that motion?
Commissioner Plummer: On the motion, you can speak
Mayor,Suarez: :Do we have a second?
Vice Mayor Alonso: Well, if we second, we will have
Was going to give them a...
Commissioner Plummer: No, you can have discussion.
Mayor Suarez: All right, in any event, even if
seconding... Why don't we at least get the input on
307
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Vice Mayor MOM: Yes, go ahead, I will second the motion. But maybe, we
, will change our minds.
Mrs1echen: Just to the point, Commission, and I... My name is Robert Sechen,
4860-Daypoint Road, I live night up the street from where that Wallgreen will
be, and I live right on the boulevard. We need investment in this area and }
one of the things that will keep investment from occurring in the area are
conditions, and deferrals, and whatever else. And I would just hope that the
Wallgreen >company just doesn't, you know, they've got tots of other places
that they can go. They are looking at an inner City kind of a thing that will
redevelop an entire area, and by the deferral, and these people are
committees, and they may be up in Jacksonville, or wherever they heck they
are, I have no idea where they are, I am just afraid... j
Commissioner Dawkins: That's the inner City?
` Mr. Sechen: ... that we let something slip through our fingers, and that's my
only concerns Commissioner, on that one point. f
I Vice Mayor Alonso: But they have not made a decision, so we are not really
delaying.
Mr. Sechen: Well but, Commissioner, they have said, and Lucia has proffered
that the covenant, orcovenantto say that if Wallgreen doesn't come, then
what you will have granted them, the property owner will disappear. So, it is
conditioned upon, and I am surprised that they even went that far, but that
they have conditioned it upon Wallgreen coming. And correct me if I am wrong, r
Lucia,.but.that was my understanding.
Vice Mayor Alonso: Yes, she said so.
Mr. Sechen: I wouldn't be here myself if I didn't think that Wallgreen was
coming, because I just don't want to just .change land use for the purposes of
not having development in the area. So as to the motion, as to whether it
should -be I just caution you in the terms of the deferral that it
does not cost us that kind of a project in the City of Miami.
Ms.'to talk. Janet Grigsby: Could I just say something on that?
get I'm never going to
t
Vice Mayor Alonso: She has been waiting for a long time.
Mayor Suarez: The motion about to be made is... I mean the motion that was
made and seconded would continue this pending some clarification of
Wailgreen's--intention. Anyone that wishes to address that or to complete the
prior argument. Janet, if you want to.
Ms. Grigsby: OK. Do you want me to go through what I was going to say, which
is.. OK, it's not ar lot.
Mayor Suarez: We have an idea what the basic argument are for and against,
._a
308 December 5, 1991
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Ms,i Grigsby: -Do-1- have to give my address and all of that? - you know where
3 -
live. It's,a general consensus of the Edgewater Area Northeast Miami, that
;-
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development on the boulevard should comply with the existing zoning. We also
`
tre very smart and know that we need redevelopment, as the last thing we ever
need. Two of the things we need more than anything else is a major
supermarket and aimajor drugstore, no matter what its name is.
'Commissioner Dawkins: Say a major pharmaceutical store.
ry—
Ms. Grigsby: OK, pharma... yes, with a pharmacy. That's what I had here.
OK?�
Mayor Suarez: Full of pharmaceutical products.
`?
Ms. Grigsby: Anyway; we have alone, in our last census, ten thousand people,
196 icensus, was nine thousand nine hundred and sixteen people live in bur
!.
neighborhood. We have Wynwood, we have Baypoint. We have all of the traffic
going up and down the boulevard, you know, you can't even get up and down the.
boulevard half of the time. - They can support a store, I heard them say that
twenty percent or eighty percent have liquor stores, twenty percent don't have
liquor stores.
I
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Commissioner Plummer: That's why I am asking for the determination.
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Ms. Grigsby: Our neighborhood could support a Wallgreen or any other liquor
store. I mean, drugstore - good .Lord Grigs. Anyway, I want you to just take
a quick look at the map that I gave you.
Commissioner Plummer: Excuse me, Mr. Mayor, the motion on the floor is not
being spoken to, Jana
4
Ms. Grigsby: Well, he said I could finish.
Commissioner Plummer: The motion is for `deferment.
Ms. -Grigsby: OK`
4
i
Mayor Suarez: The problem is that you are kind of...
Commissioner Plummer: If you speak to the motion you are entitled to speak`.
.
OK? Now, if you want to speak for or against the motion to defer, that's in<
order. Anything else, until this vote is taken is out of order.
Commissioner Dawkins: -Out of order, you're out of order.
Ms.,Dougherty: Could we have a date certain, please?
°
w:
Commissioner Dawkins: You are out of order.
Mayor Suarez: `Not entirely true, but.
r
Ms. Dougherty: Could we have until January 9th, please? We have time. limits
running on°our...
309 e e
0 cemb r 5, 1991
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WtLyQ iiT M JP S J tiIis ,G' N 9 M
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COW nioner" Plummer: WalI it.'s predicated on the administration or someone
f.
etting letter;.of definite commitment frort,..i
ga
1 .
Mayor:uarii: W'hy 19 everybody arguing about this?
t}
Ms. -,Grigsby,: Well what twat getting at, Commissioner.
Mayor- Suarez: Wait a minute. Folks, Commissioner has suggested that you
should stick to the motion before us.
`
At. Grigsby: OK.
Mayor Suarez: The problem with that Commissioner, is that they made their
presentation, we were well into the merits of the matter, and I am not sure
that we can foreclose her to... I've sort of ask her as a courtesy and because
Y know some of us have to get going, and if we are indeed inclined to follow
this motion which we may be, we may have to rehash this whole argument again.
Ms. Grigsby: Sure. Understand.
Mayor Suarez: And that means she come here, et cetera, but I don't think we
could foreclose her from completing her argument. I don't think we could
foreclose you either.. We've had a -schedule public hearing on the issue and we
began...
#
Commissioner Plummer: Technically, I can foreclose.
;-
Mayor Suarez: ... and I feeling that we have to complete the argument if
,.people so desire. Keeping in mind, that i f the motion passes,we will be back
here arguing on the merits, and you know, it does get repetitive...
Vim Mayor Alonso: And it seem to be going in that direction.
Mayor -Suarez:. ... and after.a while, it begins to like, you know. How many.
.,
people, by , the .way, � do you ; represent? Do we have. _ any,, other neighborhood
associations in this? I see Armando back there. Do we have a...?
Ms..Grigsby: Northeast Task Force, right. I am just...
R
l
Mayor;. Suarez:, No, you'.re,not: being represented here by Jan's position
necessarily. All right.
i,
Ms. ,Grigsby: _1 don't want ;to go,,against anything that Commissioner Plummer
41
said, but just to finish...
Mayor -,Suarez: That's very smart.
Ms. ,Grigsby: I know. I -, learned that.
`j
Commissioner Plummer; After I just appointed her to a board this morning.
r,
Ms,,Grigsby: I didn't even know that. At any rate, the other gentleman, from
{
Saypoint.said, we need the liquor store for redevelopment. We could serve the
t
s;
pharmacy.:. I'm just saying in your deferral, we don't need a liquor store for
310 December 5, 1991
r tz Pf,
4i7
e �e neat. We 7rhbi'iy 6n t ` 'Alld � i f you tame a look- at hi s NO! ai ready
t terity,bloek' areas w6 �iarre thirty locations that either sell, and/or
�ewve beer,: i i ne andWt 1 i Oudr. This it the big. Map ' and i have i t Wee. and
?
o r%ld' name :.them °a11 ih lily head►
r
eb,miis' over urike. Wouldn't it 'be nice if we get a letter back fro
Walgreen that the would be interested in participating in the store Without`
the I iquor l icence
Ms` Grigsby: Sure. ' Twenty percent of them around the country al ready do. .
Commissioner.Plummer: That's what I am trying to do.
Ms. Grigsby: Great. I'd love that, J.L.
c
Mayor Suarez: All right, thank you, Jan.
As. Grigsby: Anyway, if you're going to go ahead, please don't' grant the
§ppcial exception.
Mayor Suarez: AMright.
Ms. Grigsby: Thank you, folks, appreciate it.
��
Mr James Stover:'_ I'll wait until they are finished to...'
#.
Mayor Suarez: Go ahead, and give us name and address please.
'
Commissioner Plummer: Jan is never finished.
`
Mr. Stover:` I am James H. Stover, 2335 Biscayne' Boulevard, I have a real
;.
estate business and represent forty-four owners of property up there and
k
thirty-three lots. I am also, chairman of =the Edgewater °Area, Association
E
Zoning„ and Community Development Committee, but I haven't polled the
association, -and`'I haven't been notified of any meeting that -there was a
meeting of the association. So, I am here hoping that I represent the
consensus of �the'�neighborhood fin what we need in the way of°tlevelopment in
that area. ':I'd"like to pass out before I continue, pictures of the...
r'{{-
Commissioner' De Yurre: If we're going to hear this` whole thing,, we� might 'as
,}
ij
well go on...
, r
!
Commissioner Dawkins: II've `got one, you gave me one already.
Mr. -Stover: .What, we are doing with passing that picture out, because it is
rjx
ntion here, in.myjudgeboneof ment.the
tS
Mayor'Suarers James, you've got to make this quick?
Mr: Stover; I sure will.
` r
Mayor Suarez: Because we may, if thi s -moti on ` passes', have to hear a 1ot of
t
tl'isi .. _
yy
f
311 December`5, 1991
�t W' �r
Mr, Stover I certainly favor this project enough that i feel that it would
be -a spark to further development in the area, and there aren't ten thousand
people in the area and we don't,.. the people here tonight don't represent the
whole ten thousand. Adon't, and they don't. And I've been up there eighteen
pars,, fighting as you know, with the association. Jan and i are good friends
�yet, and Ihope that we will be after this is over. this is the first time
wo',ve been on opposite sides of anything for that neighborhood. But there is
always a first time for everything and I feel very deeply that we need a spark
up there that will help this neighborhood go to town and grow. I really feel
very strongly about that. There are about fifteen parcels, large parcels
of.
Vice Mayor Alonso: OK, Mr. Mayor, you have a motion and a second.
Mayor Suarez: You're wrapping up, Jim? - because I have a feeling this motion
isgoing to pass.
Mr., Stover: I'll wind it, up. OK. There are fifteen parcels up there at
least that need developing. This is only one and this is not one of my
parcels, and I have about four parcels myself, so, I'll be... by the time I am
ninety, maybe, we will get rid of those too. By the way, I am on octogenarian
now.
Commissioner Plummer: Mr. Mayor, I am asked by the management or the
administration to please make it a date certain and I will include in my
motion, January 23rd.
Mayor Suarez: Did you have a procedural problem with what was being proposed?
Ms. Dougherty: We have a contract and the contract is about -to expire, and
so, we would prefer it if you could do it on the 9th.
Commissioner Plummer: Well, that's not Building and Zoning, but I...
Ms. Dougherty: This.is not a.Building and Zoning issue.
Commissioner Plummer:, Al I am asking.for is a letter of commitment. If that
can be... arrived by January 9th, I have no problem with that.
Ms. Dougherty: Well, let's just continue with it, so you don't have to send
out new notices.
Mayor Suarez: We wi11. set it for the 9th, because you have conceivably a
right to be....
Unidentified Speaker: We'll accept a deal without a liquor store.
s;
Mayor Suarez: Wait, wait.
Commissioner Plummer: That's what I am asking. —
Mayor Suarez: Wait, sir, please, please. He has stated the kind of letter he
would .like to see. I think he indicated he would love to see a letter, as
would almost every one that Wallgreen would come there even without the liquor
store.
312 December 5, 1991
04 0 ix t raw �hk
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Vi
ice ,Mayc�w Al on3o: l e.� i
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rir
Mabr Suarez: . Wh'+�the. yeu rah get a' lettor like that or not, 'r have own
1R
ideas on that, buti11 reserve them.
.,'
COMisSIOMOr Plummer! Well, we could try.
Vibe Mayor.Alonse;. All rights we have s motion and a sebbnd.
-
Mayor Suarez• So we"have a motion and a second that this matter be continued'-
until -January 9th i at...
,,.
y
Commissioner Plummer: That's fine.
�t
Vibe Mayor Alonso: Yes.
"
Mayor Suarez: ... we'11,make it at 5.00 p.m., after 5:00 p.m. All right. So
Moved etld'Secbnd. Any discussion?' If not, please call the roll.
MS Dougherty: Thank you.:,
The ,followitlg.motioh was introduced by Commissioner Plummer, 'who moved
its adoption:
"
MOTION NO. 91-919
x
,A.MOTION CONTINUING.AGENDA ITEM PZ-5 (PROPOSED APPEAL
'(
OF ZONING BOARD'S'DENIAL" OF A SPECIALEXCEPTION"TO
'
ALLOW,, OPERATION OF A PACKAGE LIQUOR STORE" AT 3101_
BISCAYNE BOULEVARD)-:M THE COMMISSION MEETING SCHEDULE
FOR .JANUARY. 9, ,1992, AT 5:00 P.M.; FURTHER DIRECTING
'
THE ADMINISTRATION TO` REQUEST A LETTER"OF DECLARATION""�
1
BY THE "PRESUMED PRIMARY TENANT `;OF `THE_. "PROPERTY.,
(WALGREE'W'DRUG `STORE) OF ITS'SPECIFIC COMMITMENT YO
BUILD`'.AT "THE _AFOREMENTIONED SITE AN ANY,
+'
CONDITIONS.THERE ARE_TO"SAID COMMITMENT.'
-SAID
Upon,='ba.ng ; econded by'Vice Mayor'Alonso, the motion was passed and
t
adppted�by the fol�lowing vote:
AYESt Commissioner Victor De,Yurre
GY;V
{
Commissioner Mi1'ler J''. ;Dawkins.
Commissioner.J. L: Plummer;"" Jr.`
E
I
'
Vice'Mayoe'Miriam Alonso
Mayor Xavier L. Suarez
NOES • ..None.
°
ASSENT: None.
i `
F _
.tip
i
tj
313 December 59 1991
NOTFOR _ THE ' RECORD: At THIS POINT, THE CITY
COMMISSION OLOSES,GONSIDERATION OF PLANNING AND ZONING
BENTS TO CONSIDER A NON -AGENDA AND A 'REGULAR ITEM.
-
GiSGi. iNi—ii-Y— —YY-i01ii—fbiY WtW -rliiiiiii iWiil-iliiY -iliYi
AWN".. . .. ,: a-. _.. ._,..- .�. ...... .. ...._.. -....- ..._......... _ ......� _.. _,..�_....--..._..... ,........�.... �_...g®.. -
3"�''
�6. (Continued Discussion) AMEND RESOLUTION 91.787 CONCERNING REPAIRS FOR
PEPPER FOUNTAIN IN BAYFRONT PARK - (See label 53).
....----------- -----------_----�-_-_-�-------------------_.�-__...----..__.._._�.�.:..�.�
a
4
Commissioner Plummer: Mr. Mayor, I have two items that...
Commissioner De Yurre: No, no.
'
Commissioner Dawkins: No, no, no way.
Mayor 'Suarez: Yes', I was going to vote, no, but...
Commissioner Plummer: Come on, hey, guys. Let me tell you something, I'm
getting sick and damn tired of it.
Commissioner Dawkins: Yes, but you've been pocket iteming all day. All day
long, you've been pocket items.
Commissioner,Plummer: Hey, you want to take over the Bayfront Park?
Commissioner Dawkins: Give us a break, man.
Comm s s i oner.. Pt ummerc All right. '.'A, resolution, amending resolution 91-787
adopted November: 14th..191 which allocated funds ;for the restoration of the
Mildred and Claude Pepper.,fountain located in the park by affirmative vote of-
four/fifths of the .City Commission waiving .the requirements of City code
chapter 18 in,regards,to:sealed bidding compet.iti.ve.negotiations and related
H
purchasing, procedures for the procurement of emergency repairs service to the
E
fountain; ratifying, and approving and confirming the,,City Manager's finding
+
that such an emergency exist thereby justifying such waiver;, authorizing the
(
Bayfront Park Management Trust to accept the most responsive and responsible"
providers for the repairs of said fountain and to negotiate, execute and or
{'
issue the necessary agreements and:or documents including without limitation:.
ya
contracts, contract amendments, -and change orders, in a form acceptable''to the
City Attorney," I so move.
!
Mayor. Suarez: So moved.
Commissioner Dawkins: What's the amount of money?
Commissioner Plummer: Sir, it's the same thing you passed before, only it's
n:
on an emergency basis, that doesn't have to take forever.
Commissioner Dawkins: What's the amount of money?
314 December-5, 1991
MS7}'!') i�
NOTE FOR ` IRS ` RECORD: AT t THIS POINT; THE CITY
t.{ .
COMMISSION:,CLOSES CONSIDERATION OF PLANNING AND ZONING
:
ITEMS TO CONSIDER A NON -AGENDA AND A REGULAR ITEM.
t x
illil\.11i�i.-Y1-.1Y1ii111ti1Hii7ii(fil --Ji.YiSfi.iiii-------------------iii----------[i.ii-illil
t�-
,(Continued Discussion) AMEND RESOLUTION 91-7 CONCERNING REPAIRS CDR
7.6. 78
PEPPER FOUNTAIN IN DAYERONT PARK - (See label 53).
�-
j
.?
'
------------W---------------i------�-------------.--------------- -------iiiiY.i-i�i'Y W it
r`
Cotrmis'sioner Plummer: Mr. Mayor, I have two items that...
e
Commissioner De Yurre: No, no.
Commissioner Dawkins: No, no, no way.
Mayor Suarez: Yes, I was going to vote, no, but...
Commissioner Plummer: Come on, hey, guys. Let me tell you something, I'm
getting sick.and�damn tired of it.
i.Commissioner
Dawkins• Yes,' but you've been pocket iteming all day. All day
long, you've been, pocket items.
A
Commissioner, Plummer: Hey, you want to take over the Bayfront Park?
{
Commissioner Dawkins: .Give us a break, man.
44
Commissioner Plummer: A11 right. "At resolution, amending resolution`91-787
adopted November, 14th '91 which allocated funds :for the restoration of the
t
Mildred and 'Claude Pepper fountain located in the spark, by affirmative vote of
.
'
four/fifths::of:'the ;City. Commission,waiving the requirements :of City 'code
,
chapter 18 in regards to, sealed bidding competitive,,negotiations and -related
.
purchasing procedures,.,for . the procurement _ of emergency repai rs- service to the
fountain; ratifying, and approving and confirming ,the ,.City :Manager's finding
3,
that such an emergency exist -thereby. justifying such waiver;; authorizing the
ki.
BayfrontL Park Management, Trust to, accept the :most responsive and responsible
providers for the repairs of said fountain and to negotiate, execute and,or
k,a
issue the necessary,agreements and or documents including without limitation
contracts, contract amendments, and change orders, in a form acceptable to the
City Attorney," I so move.
RIF
'
Mayor. Suarez: so moved,
Commissioner Dawkins: What's the amount of money?
�V
'*
0_
Commissioner Plummer: Sir, it's the same thing you passed before, only it's
v��
on an emergency basis, that doesn't have to take forever. _
MAI
i
m3
Commissioner Dawkins: What's the amount of money?'
y
314 December,5, 199
-
rx�f:
Cor tli sS eher'� 01 um r eVen y i ve theu and, as I recall.
atur►issltterer1S: Ate rh Ca11 the roll.
Miy6t Suarez: Do we heVe A` second on the motion?
V! 6,Ayor Mango: No, I don i t. I Voted no.
Mayor..suare All righto .I'll Second. Go ahead and call the roll.
x
Vice Mayor AlOnsot' . Carl the roll,
Commissioner Plummer:. Please, call the roll.
Mayor Suarez: You needed a seconds and you got one.
The 'following resolutioh was 'introduced by Commissioner Plummer,
who
moved its adoption:
RESOLUTION NO. 91-920
A °RESOLUTION `AMENDING RESOLUTION NO. 91-787 ADOPTED
NOVEMBER. 14, 1991,WHICH ALLOCATED FUNDS FOR THE
RESTORATION OF -THE MILDRED AND CLAUDE PEPPER FOUNTAIN
- ("FOUNTAIN") LOCATED IN BAYFRONT PARK, BY AN
AFFIRMATIVE VOTE OF 4/5TH OF THE CITY COMMISSION,
WAIVING THE REQUIREMENTS OF CITY CODE CHAPTER 18, IN;
REGARD TO SEALED BIDDING, -COMPETITIVE NEGOTIATIONS,
AND""RELATED PURCHASING PROCEDURES FOR THE PROCUREMENT
OF EMERGENCY REPAIR SERVICES TO THE FOUNTAIN;
RATIFYING, APPROVING AND CONFIRMING` -THE CITY MANAGER'S
FINDINGS :.THAT . SUCH. AN EMERGENCY EXISTS ,THEREBY'
JUSTIFYING, 'SUCH. :WALVER; AUTHORIZING PARK
,THE'BAYFRONT
MANAGEMENT'` ~TRUST TO-'ACCEPT'THE ''MOST -RESPONSIVE AND
RESPONSIBLE PROVIDERS FOR THE REPAIRS OF SAID FOUNTAIN
ND
A .'TO-NEGOTIATE,'fXECUTEFAND/OR ISSUE "THE': NECESSARY "
AGREEMENTS`' AND/OR' DOCUMENTS; INCLUDING WITHOUT
LIMITATION, CONTRACTS, CONTRACT AMENDMENTS, AND CHANGE
;
ORDERS, IN`A FORM ACCEPTABLE TO THE CITY ATTORNEYc`
3` (Here :foIIows body of resolution, omitted here and on
,
file'in the Office of the City Clerk.)
t . ,.
Upon being, -seconded by Mayor Suarez, the resolution was passed
and
adopted by the,following vote:
_ k
315 December 5
1991