HomeMy WebLinkAboutCC 1988-12-15 MinutesCITY
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ON DECEMBER-'•15, 1988'
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MINUTRS Or RRGULAR MRRTING
CITT COMMISSION OP MIAMI, FLORIDA
DECEMBER 15, 1988
ITRM SUBJECT LRGISLATION PAC!
No, NO.
1. PROCLAMATIONS, PRESENTATIONS AND DISCUSSION 1
SPECIAL ITEMS 12/15/88 -
2. CHRISTMAS PRESENTS TO NEEDY CHILDREN: M 88-1138 1=2
Commend Police Department's efforts 12/15/88
3. ROSELLE CONTRACTORS: Grant loan request M 88-1139 2-7 .
to assist with construction of 12/15/88
affordable housing in Poinciana
Village, at the Overtown site, by -
Indian River developers (See label 39)
r:
4. CONSENT AGENDA 7-8
12/15/88
4.1 BARRY UNIVERSITY SCHOOL OF PODIATRIC R 88-1140 8
MEDICINE: Donate 50 pair of_discarded 12/15/88
fire fighter safety shoes to the
homeless through the University.:
4.2 ALLOCATE $3,200 FOR ACQUISITION OF: 2. R 88-1141 8
TOSHIBA T1000 PORTABLE LAPTOP COMPUTERS 12/i5/88
for use by Mobile Command Posts. -
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4'.3 ACCEPT BID: DEI/CD, INC. for furnishing R.88,1142 9
office systems :furniture and 12%.15/88`
refurbishing existing furniture to Fire �}
Dept.
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4 4 ACCEPT BID:_:. MOTOROLA, INC. for. R 88 1143 9 f
,consotwo- radio lettes rfurnishing '
Fire Dept.
t
3�-
4-5. ACCEPT BID: BEAM' RADIO, INC for R 88 1144 9 ' qa�
furnishing 20 headset microphones •for 12/15 88=
Fire Dept.
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4.6 ACCEPT BID: VENTURE ENTERPRISE D/B/A/ R 88-1145 9 �:
JOSEPH D. VENTURA AND. ASSOCIATES for 12/15/.88`
3 tsr
furnishing two polygraph ' instruments
for Police Dept.
4.7, ACCEPT BID: GOLDEN EAGLE CONSTRUCTION R 88 1146 lO r4 {`Sass:�
MANAGEMENT AND ROOFING CORP. for . Fire : 12/15/88
Station No. 9 Reroofing 1988.
41
4.8 METRO -TECH EQUIPMENT CORPORATION: R 88 1147
a3 { h
{h
Approve purchase of 3 street sweepers 12/.15/88
r k under existing City: of Coral, Gables bid RukU';Z�} lx
. r no. 87-306 for G. S.A. Dept.
im
a
4.9 AUTHORIZE LEASE PURCHASE OF 1 B-38' R
# MONOCHROME TERMINALS `for 5 .years, four;
Public Works Dept.
a a
� � A N ift12E hEASE A EE N UtTH DADS E 68114 r
c6ttNTY for use and occupancy of office 12115/88
spaoe in Metro Justice Puilding for
Miami Police Department Liaison
Program. -
+.ii JOHN E: REID AND ASSOCIATES, INC,: k 88-1158 �1 =
9x6eute Professional Services Agreement 12115/88
for provision of interviewing and
interrogation techniques seminar for
Police Dept:
4.12 D'Ve GIDI AND ASSOCIATES, It1C,: R 88 1151 11 '
Authorize increase in contract for the 12/15/88
Japanese Gardens renovation.
IMAGE NETWORK: Execute agreement to R 88-1152 11
provide marketing tool for the 12/15/88
Southeast Overtown/Park West
Redevelopment Project (see label 10).
4.14 MIAMI TELE-COMMUNICATIONS, INC.. R 88-1153 12
Approve reduction in cable television 12/15/88
security fund.
4.15 WYNWOOD TARGET AREA: Designate portion R 88-1154 12
formally known as "The Great 12/15/88
Neighborhood" as "Old San Juan".
4.16 CORRECT SCRIVENER'S ERROR: Amend 1 of R 88-1155 12
R-88-1060 which appointed a member to 12/15/88
the Board of the City of Miami Fire
Fighters; and Police Officers'
Retirement Trust to reflect a corrected"
term of office.
4.17 THREE KINGS DAY PARADE: Authorize R 88-1156 13
street closures and establish an area 12/15/88` _
' prohibited to retail peddlers. -
4:,
4.18 KING ORANGE BOWL JAMBOREE PARADE: R 88 1157 13,
Authorize street closures, establish a 12/15/88
pedestrian mall and an area prohibited
to retail peddlers.
5. PROPOSED ACCEPTANCE OF BID FROM FRIDEN M P,§7,1158 13-16
ALCATAL for furnishing one, 12/15/88
folder/inserter for Finance Dept:
Discuss and refer back to Manager .to
` research purchasing a went.'
P B of ui q P
6. ACCEPT BIDS: R.B. GROVE, INC. AND R 88-1159 16-17 ,` r
MURRAY ELECTRIC, INC. for furnishing r 3k
t 4f5r}
and installation of an Uninterruptable
Power System for Administration
Building (see label 9).
`r 7 MARILYN P . NETT AND PEGGY L . DEMON: R 88 116,0 17 18
Enter into agreement regarding visions 12/15/88�`
3` 2000 project.3
f c j ' r "
i �ry 3
8. BELAFONTE . TACOLCY CENTER, " INC.: R 88 1161
kvird r
{z £ Appropriate $91 ' 000 ' for operation of 12/"15/88
f
j r their sports development program.
'.y
4 r 1 t piles r>z v uS1
Q' Continued DISCUSSIONS Clarifying, DISCUSSION
`� comments by staff member in connection 12/18/8$ "t ��sT'ts�;rt
r yh e F3L kT bt
with previously passed item on an,
F + p
x r t }z ,• ^� : `�'iir 4fi� .�� x t ""' r„ t y�,
Unlnterruptable Power System for
K t J
yy, „
Administration Building (see label 6).
I
fiv'�„
7%}r�74
y��� *{ ,i r �, �_i. az �� �ra fi r t��"4�' �"t`�.r� '"�t�"✓`�r —
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V, �sV1�ta`6M'.'a,C.�H�i�4bb�llecei
'jog '� � il�:.
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��tscuti�ri �� pravi�u>�iy aRpfovsd
i�Ji��S�
,19roa a it. with IMAGR NEMORK T6 PROVIDE
HA TING Toot r6ft THt SOUTHEAST
OVERTOUN/Park West Raidevaloptaef►t
DISCUSSION and deferral (to ,Yanuary
DI Gt?SS
meeting) of proposed agreement with (a)
i�J15�8�
personnel Decisions, Inc. to conduct
POLICE TEST VALIDATION PROJECT, and (b)
Positive Thought Enterprises, the, to
provide MANAGEMENT and PROFESSIONALISM
TRAINING.
DISCUSSION concerning hiring of P, A&s'
DISOUSS�
for Police Dept.
12/i�%8f
;' EDVARD WAROMR, PROPERTY CONSULTANT,;
R 88.111
" INC. AND GENE KELLY, APPRAISAL 'FIRST,
12/18/81
INC Ratify ;acceptance of Iproposal
for; appraisal of 'easternmost portion of
Municipal Shop Tract (southwest corner,
of N.W. 20th'Street and`'10th Avenue).
A. COCONUT GROVE 'FESTIVAL COMMITTEE:.
M 88-11
Approve expansion of Committee from 5
M'88-11
to''10 members.
12/15/8
B. COCONUT GROVE FESTIVAL :COMMITTEE::
Appoint Robert Fitzsimmons and "Doreen
,LoCicero°to committee.`
WAITERS RACE/TASTE OF THE GROVE
R 88 11
Authorize street closures, sale'of beer 12/15/8
and- wine, and establish? an area
�t prohibited to peddlers.
�xrORANGE ;BOWL CLASSIC FOOTBALL GAME: R.88 11
�a
3` Waive:, City's right to revenues from
12/15/8
';_Na
beer and alcoholic beverages
Orange Bowl Stadium.' '
OMMERCIAL BEER SIGNS AT `'THE ORANGE
OWL. DISCUSSION ,concerning'request t by i
ity-,Commission to have the commercial
igns substituted with "Welcome"'signs.°
RICKELL PARK: DISCUSSION concerning
tatus 'report by City Attorney on the
itigation (seelabel61).'
NTI-NOISE ORDINANCE: Instruct. City
anager and City Attorney.to-prepare 'a
iniform ordinance which would resolve
resentdiscrepancies between City and,,
ounty ordinances.
iotiTICAL 'SIGNS: DISCUSSION on;removal,
signs - direct Adminis`trati6n�,`to
enforce ,present guidelines
►).LL'` LEGAL -'STATUS",
.r NP4Tee TALT
x
t
A VAlt2 Gott RR61t1R1T1614 against
R 0-110
i0petratea of former City ftis a6
R 89=1160
ttoperM itoeof Holland and
12/15/8
xlt lght.
SW TER AbVERT19 N6 OF AMERICA,
INC,: Accept proposal for installation
of bus shelters (see label 25),
FIRST READING ORDINANCE: Mend" Code
ORDINANCE
80- 2,1 = reduce required liability
FIRST READING
insurance for street vendors (see label
12ji5j88
28)
J099 MARTI PARADE: authorite'street
R S9=lilO
eiosures, as requested by BIPRISA,
12/15/88
subject to appropriate permits
SHELTER ADVERTISING OF AMERICA, INC.
r
DISCUSSION ,41
(continued DISCUSSION)t Clarrifying
comments in connection with previously
accepted proposal to furnish
installation of the bus shelters (see
label 22)
A. POSITIVE THOUGHT ENTERPRISES, INC.
M 88 11"71
(continued DISCUSSION): Reconsider
R 88 1172
prior vote deferring proposed execution
12/15/88
of agreement.'
Execute agreement with 'Positive:
x
Thought Enterprises, Inc. to provide
management and professionalism training'
a see- label '11)
�
A' ALFRED I. DUPONT BUILDING: Refer
M 1173'
backto City Manager two existing'
,88
M 88 1174��
reports containing ` conflicting
12/15/88
recommendations regarding proposed
acquisition of said building to be used
as she"new City of Miami administration
s++
ding:- direct Manager to refer both
"
reportsto City's financial consultant"
for;,independent review and analysis.
''4}
B Direct Manager to complete proposed''
feasibility study in connection with
{ss'hi
'7't
e"ither: (a) building a new City of
4 YF M
c{x
Miami. administration building, (b)?,X
easing an existing building for use by
,3�� �.
the"City, or;(c)`having private sources
��
build a' new building on City land with
the intention of leasing it `back to the'
City.
F ,1
EMERGENCY ORDINANCE: (Continued
1
ORDINANCE
!,;DISCUSSION) -jjeclare 45 day moratorium
10525
on' enforcement of insurance
12/15/88s'
requirements contained; in Ord. ' 10499
r
concerning, street vendors (see label
'
s r�
t FIRST READING ORDINANCE:,'Require: retail ORDINANCE x'
i4
etstabl ishments to disclose: 'a " no"" refund FIRST =READIG
�
n #3X and, '`exchange policy;"' also to "; honor 12/15/88 ;F
r' ref unds"and exchanges as offered.:
b. f2
�E r r,r
EMERGENCY ORDINANCE; Amend Sect-. 5 0f ORAINANM'11 '
R`
6145, which established certain 10�26a` N ``}' r
feeer by adding and increasing some of
""- these fees', (]Building, lumbiIns
�.,.eiectrical. mechanical 'Per;nita)
j P};s
,i',ya39wtr'„
4
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MWb otmn Vrit wim i Nl abl igR
apeeial retientie Fund: ii1't$i'ic
10527
pfe§efvationt survey ' Updateii
"go
appropriate funds from 'Stets of Florida
and'Depti of State grants,
SECOND READING ORDINANCE: Create news
bRDIi3ANGE ':
special revenue fund: ,,Recreation
16525
Programs for the MMitaliy Retarded EY
12/15/68
appropriate funds froth NRS
grant,
FIRST READING ORDINANCE; Amend Code
ORDINANCE.:
Soeti 14=26(d) - remove full term
FIRST READ'
maximum service requirement for private
12/1S/58
sector members of the Downtown
Development Authority Board,
Ai FIRST READING ORDINANCE: Amend Code
ORDINANC91-1
Sect. 22=2 ("Garbage and Trash"),
fIRST READ
requiring private haulers to notify the
M 88-1175.
City in writing of their intention to
12'/15/88
discontinue service to a commercial
establishment. (Note: This ordinance
was later reconsidered by Motion 88=
1176 -`see label 37).
B. Instruct City Attorney to draft
ordinance that would: (a)' determine
minimum number of required trash
receptacles per apartment dwelling .or
r.
'
commercial establishment, and (b)
establish minimum standards to be met
by private' sanitation companies
(private' haulers).
A FIRST nd READING ORDINANCE: Sect` ORDINANCE;".
1 of 10521 - increase appropriation' f or:'i':FIRST REAL
North ,Flagler' Sanitary''Sewer`Project
12/15/88f=
No" �:351273.
B.� Continue consideration.: of
acceptance of bid by ,,`DouglasN
Higgins,_ Inca construction �:'of
.North " Flagler Sanitary. Sewer
Improvement until second , reading of
ordinance on Project No 351273 above.'
FIRST READING ORDINANCE: Amend Code
ORDINANCE'..
Chapter' 42 _("Police") - establish
FIRST REA]
maximum towing and storage rates that
12/15/88f
may". be'awarded by private towing and
moving' companies - provide for methods
payment - establish towing
authorization procedures and sanctions
�4
.
for f ailure to comply, etc., ,
I;
A Reconaider prior 1i6ta bt VtR§T
M
READING Ordinance regarding Lode gect.
MINANU
22-2 ("Garbage and Trash") requiring
FIRST READING
private haulers to give notice to the
12/15/R8
City of their intention to discontinue
servicing a commercial establishment.
(Note: The herein reconsidered FIRST
READING Ordinance was passed and
adopted immediately thereafter (see
Label 37R),
R, FIRST READING ordinance- Amend Code
;r
Sect. 22-2 ("Garbage and Trash")i
T
requiring private haulers to notify the
I ri
City in writing of their intention to
discontinue service to a commercial
establishment. (Note: The only
difference between this FIRST READING
Ordinance and the first version
reconsidered by Motion 88-1176 is that
Mayor Suarez wanted to be shown as
abstaining during roll call.)
A. SUPER BOWL EXTRAVAGANZA: Designate
R 68;11T7
January 20, 1989 as one of the 30 days
R `88 1178
reserved by the City for use of
12/15/88 `
Bayfront Park in connection with the
event.
B. Grant $50,000 to the Super Bowl
Committee to cover rental fees for use
of Miami Convention Center by the
f
National Football League (January 22
1989 event).
ALLOCATE $200,000 FROM CITY'S SINGLE
R,88 1179 t
FAMILY REHABILITATION PROGRAM TOMIAMI
12/15'/88
CAPITAL DEVELOPMENT, INC. - provide
loan funds to small and/or
disadvantaged contractors ;involved:,',in
development of housing in Overtown/Park
i
,West .
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s
CITY OF MIAMI GENERAL EMPLOYEES' AND
R'!88 1180' '
SANITATION EMPLOYEES' RETIREMENT TRUST:
12/15/88F
`Appoint Jack`Rabun and Gary Shartzer.
CITY OF MIAMI GENERAL EMPLOYEES' AND
R:88 1181
SANITATION EMPLOYEES RETIREMENT TRUST:
12/15/88` ,
Appoint Rose Gordon and Simon Ferro.
CITY OF MIAMI GENERAL EMPLOYEES' AND
R88 1182
SANITATION EMPLOYEES' RETIREMENT TRUST:
12/15/88
Appoint T.W. Fair and Betty McKnight.
EMERGENCY ORDINANCE: Amend Sect. 1 of
ORDINANCE',"',
Ord. 10150 - establish new "project:
10529'
"Athalie Range Park - Pool Replacement
M 88-1183
Project" (Project No. 331348).
12/15/88
A) ATHALIE RANGE PARK POOL REPLACEMENT
R 88
,
PROJECT: Waive formal competitive
M 8$-1185 W
sealed bid procedures for construction
12/15/$8r„?
of pool - - ratify Manager's finding of
emergency - authorize acceptance..of
lowest responsible bid
B) Appoint Garth Reeves as charmn
of the Athalie Range, Pa#k
Committee •
t._'_diS ,,.'
rE'
I.
I
1 f
` AiSI�tC 6 i A2 "and d'ode
bAbtt�A�t��
a ter i C'�i inancei') redefine tam
HAST Mbf
"M nority and w6th6n-6wned Bueinea
2fitarprise" - define tern► WWWW'
establish guidelines for awarding of
City contracts to minorities, annual`
viiuK►e of procurement expenditures to
Mitibrity/women emall businessee
authorize City departments to establish'
_ =:
r6quired administrative proeedures to
ensure compliance, etc.
C
MANUEL ARTIMg COMMUNITY CENTERt
Authorize Administration to spend
$200,000 grant for renovation prdJect
for the renovation of the Center -
authorize increase in contract' with
}
MCMa,
DAVID HRRING;'S FAMILY'S CLAIM against
DISCUSSION-
the Cityi DISCUSSION ith
'l /15/8S
representatives of;Carroll and Halberg,
r
VERNON QUINN, & VERONIA GREENt
R 88 1187�
F Authorize �Anitiation of legal
proceedings to recover loan funds
b � said individuals through
y""
r t
Ethe`-Model City Small Business ,j,f E,'
Development Pilot Loan Program.
7
Authorize expenditure of $468,61z7 by ,R88`�1188
the, 88'
the"` De t .'of Com utersfrom. currentk12%15
'.vear'sP',anpropriation . to,, coverkj nuary�
F4
INC for furnishing meals for 6-,'.,day
care; centers and one preschool center
(for the Parks Dept.),:
I dF i
77
+sera: Rib& Horaiaa And George R- 1211919
Barite,, (%Drat One n6rh1hatioti its still
Rending►)
PLANNING AMSORY BOARD APPOINTMENTS- It 88.1203 �
1�6 if q
Appointed veret Eladio Armatto-Gafdia 12ri5jSS a µ
and Raymond G, Asinar (Note t One
�
nomination is still pending,)
OFF-STREET PARKING BOARD: DISCUSSION DISCUSSION 2iS 22« =Y
• t 1 S(�,Nus
and deferral of proposed reappointment 12/15/$8_
of Leslie Pantin, Sr,
�IOARDf DON
DISCUSSION anddeferralconcerning
211BjS�!
confirmation of proposed reappointment µu f
of Dr, Eduardo Padron. �s r
CITY OF MIAMI AFFIRMATIVE ACTION R 8$-1204
ADVISORY BOARD APPOINTMENT: Appointed' 12j15jSg y ,
wasp Nora Murrell. (Note, Two
nominationsarestill pending.)
CITY OF MIAMI AFFIRMATIVE ACTION R 88 1205 t 226 F 228`
ADVISORY-BOARD: Confirm selection of 12/15/88 F <',
bargaining groups and appoint the ;s r
rrz��
}
following individuals: Capt. William
Bryson (Fire, Robert Cummings
(Sanitation), Robert Mack (General'>yr
Employees) and Sgt. J.J. Williams
-U A
f L• Y t}yy i 4 ,Ga a r et jca�k h✓ t � s t if 1� 4'raC H''_'�F,i ;`',.n
(Police).
M." gsfY'k
PRIVATE INDUSTRY COUNCIL OF SOUTH R :88 1206 �t k}k irk' 228 229 r'�'.:���
a f R �� � h �
FLORIDA (PIC) APPOINTMENT: Appointed' 12/15/SSy
_was Tito Gomez. (Note: Two
appointments are still pending.)
`'
SUNSHINE STATE GOLDEN. GLOVES BOXING R�88 12075'229 230s�,
TOURNAMENT: Allocate $13,300 in' `12/15,/,68
support ' of -event to_ be . held at
a Orange Bowl .
zzz
Refer !back to the Manager:., ,the ;-,issueM;`,
concerning.-Tropical,.Clear Blue, Laundry 12
Systems ' and their' mini-UDAG., program,'
i f Frry':;f fi
VL'I�VY � l\LI'ii rl\ V �SL� V i 6ftih9 QtIQ�7
at�enda,ent at 461-41 NI Miami Avenue
10530
tdhaiile D1bek) by applying Stet, 1610
12/1VA8
He_1.
SECOND READING ORDINANCE: zbning atlas
ORDINANCE
amendment to eliminate HC-i removing
ib531
historic designation and retaining SPIN
i/18/8
2 at 3635 Grand Avenue y- Coconut Grove
Areade (0wher: 0. Tom Gurr).
Grant appeal by Planning Department
R g8=11
tAod fy decision of Heritage
12/i5/55
Conservation Board authorizing a
certificate of approval for the removal
of black olive trees and Banyan trees
(Coral Way and SU 33rd Avenue)
approve request for traffic signal and
left turn storage lane - accept offer
of applicant (Fort Schoenberg
;} a ,
Properties, Inc.) to donate monies to
k4r mn
Urban - League and Project RAP. (MIRACLE
4F
CENTER PROJECT)
F
Appeal by objector denied ` - uphold',
R 88 1213�s�'
Zoning Board's approval of variance
allow conversion of portion of existing
office building at 2900 Bridgeport:
Avenue.
r
AZoni
ppeal by applicant denied - ngR,.88 1214
Board upheld in its denial of variance' 12/15/88f
toallow construction ;of parking" lot.,
"for; private �_� passenger: vehicles::.'
Republic National Bank at 2801 NW 6th
Street. iF t F t
Z it
ldenial
R 88 1215iy'
Zoning Board sp - to a low parking
�+
{arid; -.provide passenger vehicles at` 2801`
t fFG
NW 6th Street : (Republic National 'Ak
-.
P,
07
Appeal by applicant denied'`- uphold R 88 1216 �''
Zoning Boardlsx denial of variance.,to 12/15/88N
a
�„ allow construction of a
F�
exceeding maximum= height allowed at
Ef k rr`
5301 West Flagler (Memorial Park
'
Cemetery)
�.
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a
RINGLING BROTHERS CIRCUS: Authorize
"R,88 12I' r
street closures and establish area to
keep and stage circus animals and
staff, subject to required- permits -
event to be held at the Miami Arena
December 27, 1988 through January, 10,
= y
1989.
Declare as Category, "A" surplus stock
;1-9/1Clhila, , s_.
dbt�a�on bityoiee
ihtpisnded by Ebiioe bspt, tb Centro
Meter Catholic obffnunity eerevicee to be
givers to children ae holiday presents,
`6RANGR ECVh CLAS91C FOMAhh GAME:
A
tea gnats certain areas within which
vendors`licenses shall not be
applicable from 12:00 "ttoon On January
1980 through 2:OO A. it. January 3i
i484.
1080 COORS MOTOR SPECTACULAR-`
Establish -special charges for use of
i/i5`
Orange Howl "Stadium by'Dnitad Sports bf
America, Inc, for presentation of, the'
event - authorize agreement with united
Sports of Americaf Ihe.'-
FIRST READING ORDINANCE: Amend Code"
ORD-1-
Chapter 14 ("Downtown Development")
FIRST
add new Art. IV entitled "Regulations`;
12.15'
Affecting Development within the
Downtown and Southeast Overtown/Park
West Developments of Regional Impact" -'
-
provide for general intent,' ; s
definitions,`procedures,' etc.:
a
DISCUSSION concerning prior requests.blr,
DISCit
;Commissioner 'Plummer of the'
,12/15
Administration to be informed in '.
connection with the following: (a);
Complaint received by him in connections
with. a 3-lawyer office located at S.
Bayshore'' Drive between Mercy. Hospital'
and. Dinner Key, and (b) Request of 'the' Uzi
dministration to institute a procedure `
whereby ';. , if conditions of zoning
decision§ . were not applied_ that they a`
,issue' immediately 'be' brought. back i,fo`r,� �,y
5{:
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iLP11Y iL' �l Imo' l7ULHR PiR 140 6 T14
Ctly C6,MMt9Rt6N bF MtAMt, FL6IUbA
ti�e lgth day
of December, 1§88, the pity ,Commission of Miatij
5rl4a, met at its regular
meeting place in the City hall,
906 Fan Attierioaf
Lve') Miami,' 'Florida
in regular session.
The meetitig ties
called to order at 9:07 &-it, by Mayor Xavier 5uar62witj
following members
of the Cotntnission found to be presahtf
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
er Dawkins
' vice Mayor Viet olr De pure
Mayor Xavier L. Suarez
� G
SO ; ?"SFZtT:NpZ
`.
Cesar Odio, City Manager.
j
Jorge L. Fernandez, City Attorney'
Matty Hirai, City Clerk
s; Walter J. Foeman, Assistant City Clerk`t
An; invocation was delivered by Mayor Suarez. Viae
Mayor DeYurrethe
d those -,present in
a pledge of allegiance to the flag.'
.i ����--------------------
------------------
---------------
doiria f�
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.ich twe! r
s: I ag
e
i
were .'`f inis
get: it;.from.;the s
y , tf � �7?`,3-
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!a pluffmr:
Yee, that what 'happonir
Mayor guarasti
that's exactly What Pf6 tryiflg tb d6s
Mr. bailey:
Yogi we're suggesting.,. the Mhnager has su91ested, and I,agiee4
that we set
up the same kind of arrangement With I Miami ; Capital fOr t. ,
minority contractors instead of this revolving loan 'fund With the`propar
arrangements
to ensure that payment comes as they get paid and they Will
always have money for labor and material.
Mayor Suarez:
Well, superficially - and I guess I reflect what everybody's
`thinking up
here - superficially they sound like eminently worthy people of
supporting,
but we, unless we give it to an agency of the City,'someone that
Will check all
of their, you know, do the paperwork and check their collateral
and see what...
Mr. bdio:
If you'd give me time, I'd'like to meet with Miami Capital and
see...
Suarez::,;And .we're looking for a way that.'
s's
en
goiIlg to d0 iiNF
AW
t i n i�zY
IN
Mayor Suarez Were looking for a way to try to vote ;foryour motion,,
otherwise' I' 11` haves to vote against £a{ M.
t r!, f
.,, r� a -fi, a 9•yh 1r"t �' yrh. eY� t, s
Mr. Dawkins I don;! t care if ;you all don t vote
.T FN
J -fat x fr' h 'r a3 r•J '"` v d�. rill .{ fR"ir.T,fl-a
Mayor Suarez All�right:i��
' ?t*tt'�i' z. S 3.r X r'y�
Y Y k Gn
Mr.'Dawkins I mean, I'm just tryinggtox tell ,you what�x the,£ motions ie',t�ifFswe �`
4 , Ea L t a artt'Y'S ,;} ir.tn :,;d >^' C4Cz J.r `c �g n ,Er `•} �'r4 xZ..e�r 2pa'�
1 �Jtl f �� ra s fr
don t haver rs. N4 r -: xrrv�'-.irJ �1� �'ry
a-13
i � t t Y �: ,y+� [r. }u lb S t'y s•�`•.�! k 1 � Kl`,i
¢"t. ;t i +. 3 i t ,� ry.$ # '', �x . ? $I p j� y 6 $'$,k k +t +y� C+• .tip " 3> �' `�r °iR"
Mayor Suarez But we're trying to make sense'out��of a motion%th t's, notKon
b'n l
b { �4 SFr )s+?� PEd� �•} § '� X
the agendar iA ,. Atli
Mr. Dawkins;:The mot ion makes sense !
f
,ry`iuE.�'t�
Mayor Suarez Wexdon't know anything aboutwthisrissue, Commissioneryou;�just
A� r �� �, ,� d 1 $� ,� ,("� n
brought" , t rup':,this morning. fi s r , j �� � r
s i7,¢,st•vr�#'q,ft
3Dawkins. "'But you see what you !re telling' me. is that these' people walk,'o:F$
the' job, you ;`all 'don't give a daairr That's what you're , saying} :``If `they fold
right ..'now because of`$50,000; we"'got Commissioners up here saying, well, so
what, let them fold.. You knowe'l,ggetsomebody else tdo thjob, ou',,'
know, these.people here:are 'on `a' limb and :"we're sitting up here `going 'through
a.'1ot of, bureaucracy that's not. necessary because we are grandstanding and
what have you', ' If you're going to give them: the tell them'we gonna
you havei" the 'money, . we:.. re committed, . we . will find. the way to give you the `.
Money, f you donut intend to dQ'that,'tell them, go home.
f
Ok itis :,that
5
D ,firm With this ageti5t�.�i"�i 16f 'itant 44 �g l�►� 15� A91,
L161h0 r t'hrbilgh t7 ara the 4411 "fintaitlih a
tat Rentiedy: Moved
r4 Dawkins:
Second,
ayor Suarez: Seoondedo And "diaougion7 'aid tire` rollz
ON ` MOTION DULY MARE RY COMMISSIONER ttEmby "
COMMISSIONER DAWKINS, THE CONSENT AGE14DA, VIM I
:.
THE ABOVE CITED ITEMS, WAS APPROVED RY THE4OLLOWI
YES:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier -L. Suarez
OES=
r
None.
s Y:
x a t
'
8$ENT."
x:
None.
`:'- RESOLUTION`N0.,88.-1140,
88-114L2
RESOLUTION.'NO.:
4,16 AUTHORIZE LEASE AGREEMENT WITH DADE COUNTY for uee etid bocupatidy bf
office apace in Matto Justice Building fbr MiAtni Policy bePartM6ht
tisison Program.
RESOLUTION NO. 88-1149
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO A LEASE AGREEMENT IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DADS COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, SAID
LEASE TERM TO COMMENCE UPON APPROVAL BY THE BOARD OF
COUNTY COMMISSIONERS AND TERMINATE ON SEPTEMBER 30,
1989, WITHOUT PAYMENT OF ANY RENTS FOR USE AND
OCCUPANCY BY THE MIAMI POLICE DEPARTMENT LIAISON
PROGRAM, FOR AN AREA OF APPROXIMATELY 972 SQUARE
FEET OF AIR CONDITIONED OFFICE SPACE ON THE THIRD
FLOOR OF THE METRO JUSTICE BUILDING, 1351 NORTHWEST
12TH STREET, SUITE 301, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.11- JOHN E. REID AND ASSOCIATES, INC.: Execute Professional Services
Agreement for provision of interviewing and interrogation techniques
seminar for Police Dept.
RESOLUTION NO. 88-1150
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH
JOHN E. REID AND ASSOCIATES, INC. TO PROVIDE
INTERVIEWING AND INTERROGATION TECHNIQUES SEMINAR
FOR THE CITY OF MIAMI THEREFORE ALLOCATED IN AN <.
AMOUNT NOT TO EXCEED $10,850.00 FROM THE LAW =`
ENFORCEMENT TRAINING TRUST FUND.
r?
(Here follows body of resolution, omitted here and
on- file in the Office of the City Clerk.)
a
,z
i3
4.12 D.E. GIDI AND ASSOCIATES, INC.: Authorize increase in contract• for .the
Japanese Gardens renovation.
RESOLUTION NO. 88-1151
xx` A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT s
AMOUNT NOT TO EXCEED $10,000 IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND D.E. GIDI' &
' ASSOCIATES, INC. FOR THE JAPANESE GARDENS
RENOVATION, AUTHORIZED BY RESOLUTION NO. 88-922, CIP
PROJECT NO. 331317, WITH FUNDS THEREFOR ALREADY L'
PROVIDED FOR THE PROJECT.
" (Here follows body of resolution, omitted here and
r �yxr
tr are r'
on file in the Office of the City Clerk.)
4.13 IMAGE NETWORK: Execute agreement to provide marketing tool. for they
,t Southeast Overtown/Park West Redevelopment Project (see .label 10).'`rrpk'
4 fi F 3 ,k1'i��8
RESOLUTION NO. 88-1152 4# rt jp
s A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE 'ta
ern AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED'
HERETO, WITH IMAGE NETWORK IN AN AMOUNT NOT TO
EXCEED TEN THOUSAND DOLLARS , 4,
($10 000) TO PROVIDE
STATE-OF-THE-ART MARKETING TOOL FOR THE SOUTHEASTh`��`
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT WITH FUNDS
1-�itiaw'a1,
THEREFOR ALLOCATED FROM THE DEPARTMENT OF
«� DEVELOPMENT'S 14TH YEAR COMMUNITY DEVELOPMENT BLOCK
fi
GRANT ALLOCATION.
A
u�
Mrl thokins:
U. All fight. Is this a itai built in 198§ of prior to M
Mrt fareia:
tt would be built in 1§98,
Mrs Dawkiftot
gighty-eight, so tied the life' so... so;tao years is off
life span already
to it's five years.' Right
Mr, Garcia,
The machine will be built in 1088 and Va'll be able to use it
an additional
seven years.
Mr. Dawkins.
Then, in other words, this piece of equipment is the. la_
state of the
art in this area,
Mr. Garcia:
Yes, sir,
Mrs Dawkins:
O�C. What is the cost of this equipmant if you bought it
piece of equipment
if you bought it out right?
Mr. Garcia:
;,
Approximately, $11,000.'ro
Mr. Dawkins:
Eleven thousand.
-'Mr'
r'. Garcia:-
Yea, sir.
Mr. Dawkins:
And we're'.going to rent$13,000 rather) than'purchas
.t
outright`for eleven?
Mr. Garcia:
Well, ;it's :a lease purchase agreement that once we pay 4fo'r
five.: years of
leasing; we,., ll .keep .the machine 'at .the end :a •;
Mr. Dawkins:
s
I'll ask my..question.again'in.plain,English We going tc
lease'a.;machine�ahat-costs,;;$1f-000 of we" buy it outright.
R$13i"431�.40,1,to
Mr. .Garciav
Yes, sir;'' were going>.to lease .purchase it.i Yes '
hero
e
Mr. , Plummer: -,Pay, me now. or, pay..,�
Mr..:'.Odioi That's; right r .•'r
Mayor, Suarez. An'd "if we; you moved to =defer or`id' deny
Mr, .0 oo' This
is `only one. item,° Mr. Mayor. When you accumulates automobiles .'
and 'things that
we; buy, you!�re talking about seven. or- eight million `;dollairs 11,
and,this is one
way that we're finding that'we don't have to accumulate monies;.'
isrthe; budget to
pay for equipment.
Mayor Suarez:
You know,. there!s.,,.a point -. I. think ,this: is' what'the•,`
Commissioner's getting at and it makes sense - there's'a point at which:
dividing,a small
contract.into five small, pieces is reducing, -:it to the`�bsursir
if I may say so,
Mr, 'Odio: Put,
if y9u,
�aasx uaaan.a Yaa...,ea.
bdio3 Thatia iighti �'hat� sight.
7
a
A MOTION TO REFER BACK TO THE CITY MANAGER THE
PROPOSEb ACCEPTANCE OF A tlb FOR PURCHASE OF ONE
FOLDWINSERTER FOR THE FINANCE DEPARTMENT ON A LEASE
$
PttRCHASE BASIS FOR FIVE YEARS; FURTHER INSTRUCTING THE
MANAGER TO ADVISE THE COMMISSION AS TO HOW THE CITY
CAN PURCHASE RATHER THAN LEASE SAID EQUIPMENT.
Jpon
being seconded by Commissioner Plummer, the motion Was passed and
adopted by
the following vote:
AYES.-
Commissioner J. L. Plummer Jr.
Commissioner Rosario Kennedy
={3'
Commissioner Miller Dawkins
1�.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES,
None.
t�; A
ABSENT:
None.:!
x
5.'ACCEPT BIDS: R.B. GROVE, INC. AND MURRAY ELECTRIC, INC. for furnishing
:and installation of an Uninterruptable`Power System.for'Administration
Building (see label 9).'
SERVICES DEPARTMENT PROJECT NO. 313232 ACCOUNT CODE
NO. 289401-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and Ofi
e
d cl
Mr. Plummer: He might have researched it, but if`° he didn't:;sand it;,tc
read, then what was accomplished?
Mr, Jorge Fernandez Yes, that Ia correct, Their representatip
We've looked at it and we, feel comfortable`'that there is ,no conf]
Mr. Mot Fell, the owner is Mary D. Nelson.
Mr, Dawkins: We're not interested in owner.
Mr, Odio: Weil, that's what you asked, Commissioner.
Mr. Dawkins: No, 2 did not ask that, sir.
Mr. Odio: Oh, sorry.
Mr. Plummer: No, who holds the license.
Mr. Odio: No, you said that make sure the next time we come back that we know
who the owner is and...
Mr. Dawkins: No, no, no.
Mr. Plummer: Who holds the license?
Mr. Odio: Who holds the license, that we need to find out. We were not
prepared for that.
Mayor Suarez: And, once again, you might check with the City Attorney s
office. In many, many cases of licensed companies, the principal has got to
be the licensed individual. In some cases, not in others.
Mr. Dawkins: Well, according to the ordinance that we passed, that's the way
it must be beginning January 1.
Mayor Suarez: That's right, we passed an ordinance that has that import, I
believe, for anyone that contracts with us.
Mr. Williams: Thank you, Mr. Mayor, we just wanted to clarify that we do have
the ownership of the company.
Mayor Suarez: You do know the principals. OK, thank you, Ron.
10. Continued discussion concerning execution of previously approved
agreement with IMAGE NETWORK TO PROVIDE MARKETING TOOL FOR THE SOUTHEAST
OVERTOWN/Park west Redevelopment Project.
-------------------------------------------------------------------------------
Mayor Suarez: Item 17, Commissioner De Yurre wanted to reconsider. Do you
K
S
still...
Mr. De Yurre: Well, not... I just have a question.
Mayor Suarez: Clarification on 17?
- Mr. De Yurre: Yes, because I have no problem with it. This company does
great work and I'm sure you've all seen what they can do to make an: area
'
that's barren, make it look like, you know, with buildings and all that kind
of thing, with their photographic equipment and the computerized programs that
'
they have but the issue I want to bring up a second is, you know, here we have
Pat Skubish doing some work on one side and now we're hiring these individuals
a.=
on the other side and I don't get - you know, I would like to have an
understanding as how everything fits in together. You know, who's in charge
of what, who's doing what, how is this being developed because, you know, .I
just don't see it at this point in time, Herb.
j
Mr. Bailey: On the Image Network activity, Commissioner, that is primarily
j
for us to produce written material to do mailing and marketing and promotion
In terms of our presentation. We are often asked a question, especially by
the committees, Overtown Advisory Board and the Chamber of Commerce
committees, what will the area look like when it's finished? And the only way
we can do that is find a way in which we can take the specifications and find
!
someone who has the capability to take those specifications and give us a
'
facsimile of the building on the site. Image Network can do that very well,
`.
we have seen them and, in fact, when you see the photograph after it's
r
k4�
4'
20 December 15,
being done, whale doing what
Mr. l3eiiey: In the Department of beVe10pa1
De Yurres Yes, in the department end the`peapie that
e:
s 'got many f ingers -.-
C11, .L•LLCL0 LUCLr v,Hc 7"" -�-- --
A the broth there, you know,'and'we'd`"like.'to:know
think that'swhat
'the'Commissioner is:,getting"at':
Yes, I'd
. who'sll
Absolutely.
great,,
t N b q7
4
1'1'� VIi,
EY
w
1
Mr: tallayt All rights
Mr. Pli3mar, Who is th6 company, Hart? Image N6tw6rk, ar6 t'hby, A lbd l
coa►gatty?
M bailey: 'think Imago tat ork is out of oh,
thy' 4od 1 don It have it
flare with m6,
Mr: De Yurret Th6y're local.
.
Mr: Dailey: They are local but, let's sea
I think they're lot:Ai,
Commissioner. We've had them around for a6varal presentations: it's a local
company:
Mayor Suarez: Good old Terkhurst can't put together
these serial pictures for
'
us? I guess that's not really his expertise.-
Mr. Plummer: No, that's not...
Mrs. Kennedy: No:
Mr. 'Bailey: What they're doing is producing something that isn't there to
give you,the illusion that it.:
Mayor Suarez: Oh, one of those, oh, that's right.
NOTE FOR THE RECORD: Commissioner. Dawkins
requested' that iteta 19 be
Sri`f
�h
deferred until after item 20 was discussed:.
r ,
11.:':Discusaion and deferral (to January meeting)
of proposed.agreement with "
<'
-�,: `(a) Personnel Decisions, Inc. to conduct POLICE TEST VALIDATION PROJECT,
and '(b) Positive Thought Enterprises, Inc.
to provide MANAGEMENT and
PROFESSIONALISM TRAINING.
R x
Mayor Suarez, Wait, wait, wait, wait, wait. tf we want to develop our 6WR
employees so that we don't have to be paying consultants all the tire,
particularly when someone leaves and specifically minoritieal..
Mr. Odio: That would be one way...
Mayor Suarez: Then we'd want the minorities who are within our departments to
be trained by - on the job training- by other people who know what they're
doing and who may be leaving soon or who are about to retire or by sending
them to school.
Mr. Odio: Mr. Green has...
Mayor Suarez: But not by paying a $50,000 consulting fee which is precisely
what we're trying to avoid doing.
Mr. Odios Mr. Green is very familiar with the City. He has been around fora
long time and that's why I believe that it's the fastest way to go, Mr. Mayor,
that's...
Mayor Suarez: Well, I have two problems with it. One is that the problem of ,
another consulting agreement when we should be doing something like this in
house. The second problem I have is with the concept at all.
Mr. Odic: We cannot do it in house. We cannot do it in house.
Mayor Suarez: Mr. Manager, just about every management manual indicates the
best way to motivate people is to have it come from the top, to have it come
from the ranks of, well yourself, your Assistant City Managers, the Commission
and to build in any appropriate incentives through compensation we go through
this every year with the unions and, you know, for myself and I'll be
,. interested in any explanations you might want to give, I can't see voting for
a consulting agreement to motivate our employees, I'm sorry.
Mr. Odio: I can assure you, Mr. Mayor, we do need this, that Mr. Green is
excellent, that we need to provide these services to the City employees if.we
want to,achieve what you asked me to achieve.
Mayor Suarez: I see the unions pretty silent on this.
Mr Odio: They.have nothing to say. The unions don't run the City.
{
i Mayor Suarez:' The unions have nothing to say, on a'motivational..: t=
4�
Mrs. Kennedy: Ho, ho, ho, ho. t:
Mayor Suarez: well, if they don't, I'd take, notice of: that: That.means
�.
that they're not particularly interested.
Mrs. Kennedy: Well, maybe, Mr. Manager, along the lines that the Mayor was r �+
expressing, maybe we should be looking at the people we hire in' the first{'
place. ihA
w , Mr. Odio: You're right and we are.
Mr. Plummer: That's what item 19 is.
�, c;
Mr,. Odio: We are, but we have a lot of people in.the work force that are very
eed to develop some skills to!be able move upwards and
good people, that nys
this is one opportunity we have, if we mean what we say..
15
Mayor Suarez: .Now, 19 is as, read it,- a police test validation project.
Ms. Bellamy: Right, this is- :for: the academic screen.' Looking at the polio
oval.
Mr.: Dawkins: Hey, hey, I pulled 20 - I pulled 19 Now, you "all gonB to stay
' on 20 then I'll get to 19. ,r ,
Mayor Suarez: I want to know about 19.
r
t
a lr
s e �jn
:n
4.a. �_� _4,�a.�s ..,:.c.stn.sL+s�':..5{..+_k,
1% -A: T"", r
,DR$ vall wait till t djaeub§ it, please, Mr, Mayor,
that t ffibaftj
give me that honor, ,,.
Mayor Sueralt
I*Ant to bee what the relatibfithip between
1§ and 26
Mr, bawkins,
well, give t6 the reepacts sir,.,
Mayor au&r6p,
Comisgibh6r pufner jugt mentioned that
and 20 are related, d
you pravibugly
mentioned you wanted to gat to 10 after we
did 20 uid I want to
know what the
relation between 19 and
Mr. Dawkinst
Go ahead, go ahead,
Mr. Odio-. They're not related,
Mr. Plummer-
I didn't say thato
Mr. Dawkins.-
There'is no relatioft6
Mr Odios Mr.
Plumers 0 a
s rez
Mayo . r ua
Y ......
You want to wait til ",,,20'is, o, e
Mr. iDawkinst
140 i no no g6ahead:,::,;,i:`:"'
Mayor ,.Suarez,bef ore :you handl 6
Dawkins:',,-,: No,,- go ahead, no proble
Ma olbuarez::,�Butyou're saying they
do you-wantlto
;e,,,,Ptticer,nas cnange,
a , ad, �f I t - o ., go -,,,tack and
do
validated In,rtisrms:'
Lieutenant Joseph Longueira, Commissioner, at that point, once they're oft,
most of its for cause. They're not routinely shuttled through there.
Mrs. Kennedy Well, that's what I'm saying. Why not have routinely check
ups? I don't know, it's just a thought that...
Lt, Longueirat Some routinely like that would probably have to be bargained
through collective bargaining. But, for cause, we have it where you can
recommend somebody to the counselor for cause if some of his personality
changes, on the job he's showing indications of stress, you can refer him to
the psychologist:
Mrs. Kennedyt But what I'm saying, why wait until that moment? Something to
think about.
Mayor Suarezt I just want to say, assuming these items are not voted upon
today and I have a feeling we may be heading in that direction, that I, for
myself, would like to hear - if you'd like to give us input, the three unions
or the four unions, as to whether you think these $140,000 of item 19 and 20
can better be spent in some other ways to create, in one case incentives, in
the other case to help in our validation in the Police Department, Dick, and
I'd, on both of them, would like the input of the unions. I have all kinds of
doubts about these two.
Mr. Plummer: What are you going to do, defer it?
Mayor Suarez: I'll entertain a motion to defer 19. Do you want it deferred
to January?
Mr. Dawkins: Whatever you do with 20, I'm going to do with 19.
-
Mayor Suarez: Yes, I'd like to hear more on 20 and...
Mr. Dawkins: Whatever you do with 20, I'm going to move to do it with 19.
Mr. Plummer: Well, I'll simplify it for you, I'll move that we defer 19 and.-'
20.
'
Mayor Suarez: Right. Until the, January meeting? So moved.
Mr. Plummer: Till -you all have, your answers.
Mr. 'Dawkins: Second.
Mayor Suarez: Second. Any discussion? Call the roll."
"
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
s
Mr. Dawkins: Both of these contractors see the. problem we have, OK? Now,
I've been going through this with Mr. Green since - when did your last
contract run out, Mr. Green?
Mr. Green: In December of last year.
Mr. ,Dawkins: Not this year, last year,
A,
Mr. Green: Yes, sir.
Mr
Mr. Dawkins: Now, here's -a whole year I've been trying to geta black'
}tr r
}..
_ contra9tor a contract, OK? Then from December to December, I go.through'this:
Now here - but there again, nobody up here :at this Commission is. aware=of it
r
because nobody took Mr. Green around to each Commissioner to find out, you
•
rrri;
S
�r
know, what he's doing and what he's doing. You got this RFP beak in
Awl
September. Is that right, Mrs. Bellamy?
�
}
Ms. Bellamy: That's correct.
J
f,
Y Lj:
„
5
et this from September, October and Novemb..:
Mr. Dawkins: All right, you g p , er
Nobody has been around to oneof us Commissioners' saying .that :this is'.what
ham'
'=
we're going to do with this. And that's why we got the problem here, nobody
q
f ,
26 Dsaembez . l,$$ ` rtit
c tr x
�R� 1
Ta
I .
Ma, tallamy: his about five, fire.
ter► pium6 r: it's running a little
retirements, and I'm not including
That's 60► Not fifty, . , sixty:
' Ms, galiarfty: Commissioners, let one s
you a full report, we will give you.,
Mr. Plummar: 'Yes, but what we're s!
A
e
71z Y��
higher thah f +va,
it eras fire►
jUrmal
the hundred,
Oki
legs eAll
it fir$►
iggest that we
sit 'down
and met
and give
ring here is,
that
if you're going to go
r
Mayor Suarez: Unless you keep
Laval, that's why I suggested i
Mr, Odio: Well, I have, I have
Mayor Suarez: Let the finish wi
Mr. Odio: OK, sure.
Mayor Suarez: Of how many pet
rode Ask. thav sAv. Vall We iu
Know, Lne acaaemy can Only ruranr- out. nv iunuy, oai-
that, that, to me, is the bottle neck in the process.
Mr. Odio: I was told, I was told... yes.
Mayor Suarez: It may be oh, some of the other testing is a bottle, whatever
the bottleneck is, we're asking you to take direct control of that and
supervision.
Mr. Odio: We have.
13. EDWARD WARONKER, PROPERTY CONSULTANT, INC. AND GENE KELLY, APPRAISAL
FIRST, INC.: Ratify acceptance of proposal for appraisal of easternmost
portion of Municipal Shop Tract (southwest corner of N.W. 20th Street
and loth Avenue).
-----------------------------------------------------------------------------
Mayor Suarez: Item 24.
Mr. Plummer: That was mine, hold on.We're having this property appraised
for what reason?
Mr. Odio: This is the i-
property that•MiamDade ,Junior College, wants '-to buy
from us. We were told by the `.Commission to appraise.the property before.we
proceeded and that's what we're doing. -
Mr. Plummer: Is this the property, known as the shop?
Mr. Odio: Yes.
Mr. Ron Williams: Yes.,�5
x
Mr. Plummer: No, sir,'that's not what this Commission told:;you. We can have
N " the property appraised but not for:r.the purposes.,of : Dade Junior. {*•_ ;_
f d x�Qjr`,
` Mr. Odio: Well, that's what we're doing, appraising the property. ; r
Mr..Dawkins: OK, who...
�? Mr. Plummer: OK, but, wait a minute, I don't.want any;Misconception.
.. t
Mr. Odio: It came about the 'day that the discussion of::Miami-Dade came Rr4
T! w
+" Mr. Plummer: Exactly and I fought like a tiger; because I said, Miami 'Dade
Y Junior- can go anywhere:. Jackson Memorial can't move and I would like.tp L4
establish. j t }x
Ys
ETA; Mr. Odio; This is part of Miami -Dade has a medical school that is tied tpwp
Jackson Memorial and this is.what it's all about. *,(
Mr. Plummer: But Jackson Memorial Hospital .has expressed.,that that-rf'j-
property for expansion more so than the school.. x z
;nv Mr. Odio: No, sir. They came in together because I met with bath of :them aed s
r'
' they're both together.=
Mr. Plummer: Then then Jackson Memorial Hospital' better Bet back in tounh &r
P
with ms :because I •want to tell you, in -my priority, the hAap tai 'aonpes Pirot.
Mr. Odin: They both came in together and they're trying to work out and the
area so that they both can satisfy their needs because Miami -bade is training
their people...
Mr. Plummer:
I'm merely saying on the record, OK, that if it comes down to
the two and there's a disagreement, to me the hospital has got to come first.
Mr. Odio: All
we're doing here is setting the price anyway.
Mr. Plummer:
OK, I'll move 24.
Mrs. Kennedy:
Second.
Mayor Suarez:
So moved. Seconded.
Mr. Dawkins:
Hold it, under discussion.
Mayor Suarez:
Commissioner Dawkins.
Mr. Dawkins:
Under discussion. I made a motion and the motion was passed up
here that you
would not use anybody from AIA to do any appraisal work until
AIA admitted
some blacks and latins to its ranks. Now, somebody tell me how
r
many blacks and how many latins are member of AIA in Dade County?
Mr. Plummer:
I have no problem with expanding it.
Mr. Ron Williams: Commissioner, if I may comment on that.
Mr. Dawkins:
Yes, sir, by all means.
'
Mr. Williams:
I dospecificallyrecall your concern in the area of MIA's and
we had...
Mr. Dawkins:
I mean MIA's."
:.
Mr. Williams:
Yes, these are AIA's as required by the code and it's'=strictly
identified.
These are not MIA's and I do recall that ' that was your "specific
T
concern.
Mr. Dawkins:
Why is it required by the code that you have to have these
individuals instead of a minority or black who can do appraisals? zr
3
2'
Mr.' Williams:
I don't ' think it specifically addresses the ethnicity issue, NF. 7
Commissioner,
as it does 'make an attempt to qualify the specific;appraisal
activity itself. ng
Mr. Dawkins.,
All right,' then there are 'no black or minorities in whatever,
this is, what
is it, AIA?
Mr. Williams:
I'm sure there are, Commissioner, but what I'd"like to do for,
you is take this a little further. We've been very aggressive in the hiring
of minorities and females in this area. I'd like to provide 'you with the
report as I did
in the past indicating the amount of minority appraisers.... }
x
Mr. Dawkins:
All right, I defer this until you provide me with that list and
y ou and I look at it. I don't have any problem with that. See, because f
Mr: Williams:
S%y
Commissioner..'
x
<rF
Mr: Dawkins:
`Yes; air.
1N
Mr. Williams:
This is outside of the scope of the AIA, MIA 'issue.. I would lw,
just like to
show to you what we're doing in that regard. 'I 'think it's- up' to }' r*
'
the individual
appraiser to seek the level's of ` certification or ; the
R
professional
affiliations that they'd like to be involved in. I will provide
you with a full
report as to what individuals and companies we're using., I`do r
not have the
ability to impact what minorities choose to join AIA'or MIA��
1
Mr. Dawkins:
All right, I do not have either, but I have enough intellect an
I'm old enough to know that the reason, latin and blacks are°not `in those'#4r
or
is because we have not demanded that they have anybody. Sp they
J %
32 DocombOr,,
S Cif
{
don't have to go find anybody and hire anybody and how can minorities and
blacks become of this if we don't demand it?
Mr. Williams: We've taken a different route with that, Commissioner.
Mr. Dawkins: No, 1lo, no, see, no, I don't care, see...
Mr. Williams: What we've done, we've gone out and hired minor...
Mr. Dawkins: Fine, all of that is lovely, OK?
Mr. Dawkins: We've hired minorities and blacks to appraise for us whether
they're members of this organization or not.
Mr. Dawkins: Did you get them a membership in AIA by hiring them?
Mr. Williams: All of our appraisers are not members of AIA.
Mr. Dawkins: Did you get them - when you hired them, since you, you know, you
stand on your soap box telling me how many you hired - did you get them a
membership in AIA?
Mr. Williams: No, sir, I'm...
Mr. Dawkins: Did you get them a membership in that other organization?
Mr. Williams: MIA, no, sir, I did not.
Mr. Dawkins: So, you see, you are doing what we, the City Commission, demand
that we do, OK? But they're not meeting my expectations in the area, OK? So
what you're doing is great. I applaud you for it. But, as long as you do it,
they don't have to do it. That's all. And when you bring it like here to me, -
you'll have my vote. I don't about the... but it's four other votes, there's
no problem. But you don't have my vote when you come here with stuff like
that.
Mayor Suarez: And, by the way, when a recommendation is made on a MAI
appraiser, we don't necessarily have to, by law, go to one that is in that
association, do we, Mr. City Attorney, for our appraisal?
Mr. Fernandez: No, I don't think so.
Mayor Suarez: I mean, they always seems to have the little letters after them
whenever we get them here at the Commission and we've expressed that that's
not a qualification that we're particularly interested in. In fact, we think
it may be one which works, either in an institutionalized way or an accidental
way, to discriminate against minorities, so why do they always have to be MAI
appraisers? Are you concerned that we would otherwise not accept your
recommendations on a particular appraiser?
Mr. Williams: Absolutely not, Mr. Mayor, and as you are obviously aware, you
don't see a number of the appraisals that we contract for simply because they
are below the limit which requires your approval. However, in this case....
Mayor Suarez: But the ones that.require our approval typically have MAI next
to them.
Mr. Williams: Well, in this particular case, we thought they were complying
with that provision of the code 1880, that provided that appraisals needed to
be from these particular organizations. I'll defer to the City Attorney, of
`
course, and in the future we will make adjustments to that position.
kf�
Mayor Suarez: Because that's a good way around the whole issue. I mean, we
.F t
can get some, you know, a bank of appraisers that are not - that have a
sufficient minority composition and may or may not be MAI appraisers.{`rY
pK
Mr. Fernandez: On code section 1880, specific reference is made to AIA
appraisals, however, my opinion is that charter section 29B supersedes code?
section 1880 and, therefore, the issue of AIA appraisals is really secondary.
c_'~
T- fiv
r
Mr. Dawkins: Well, what do I do to remove that so that if I have another City.'
tf',Y
Attorney who may not feel like you feel, I'll get the same reading?
3 Dogbmbor .1$
44
a
L
'- MOTION NO' 88=1163 ,;
A'. MOTION OF THE CITY COMMISSION APPRi
EXPANSION OF THE COCONUT GROVE FESTIVAL COMM
FIVE TO TEN MEMBERS.
t .Upon being- seconded by Commissioner Plummer,
pted<by the following votes
S Commissioner J. L. Plummer Jr
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De_Yurre zt
Mayor Xavier L. SuarezeY_
None.51,
a9ti°,
TNone',
j
Y � StvMLFERy¢ Y h r A�
J:
}
would that as soon as vaaai b that:
a a Van
t �n Mae, I'll r46va 16 that +�aa the Will f* 66
Mayor Suarea:
They .efrey='
Mraa ttennedy:
Second.
Mayor Suarez:
I've got gay name right now, if youwant to put it in th+
of a motion.
IIva got three nanti aactually. DO Fitze-Immona wanted ,
If aoaebody Vants to nominate him,
UNIDINTIFIFD 9PRAK91t: Mike Fridovieh.
Mayor Suarez:
Mike Fridovich wanted to be if Iomsbody ` rantn to main
and Doreen LoCicerb. I i1 nominate Bob`. ritzsimmo,ft' a � �myf ap ointa►hnt
' .. ,
Mr. De Yurre:
I'll nominate Doreen.
Mayor Suarez:
Doreen, that's two.
t u r a
Mrs. Kennedy•
I'11:have. minethis;afternoon►*�,
r
Mayor guarazt Mr. Manager, is this going to be considered should this be
considered now? Do we have an emergency situation or...
Mr. Odio: +,. bail game prior to the, before you have another meeting,
Mayor Suarezt it's just for the Orange Bowl Special?
Mr. Odio: Yes, this would be a resolution waiving the City's right to certain
revenues normally due the City on the sale of beer and alcohol.
Mayor Suarez: is there any difference from last year's?
Mr. Barker: Yes, there is a difference. We have reached an agreement that we
will pay them the same amount as last year and your payment will decrease
accordingly depending on the sales because they're going to sell fake beer
this year, that non-alcoholic beer which their sales should be up. So Diane
and I have discussed it and they want to negotiate with...
Mayor Suarez: The sales will be up if it's fake beer?
Mr. Barkers I'm sure.
Mayor Suarez: Really?
Mr. Barker: I'm positive.
Mayor Suarez: The consumer must not be very smart. Who was it that used to
�.; write economic treatises on that subject?
Mr. Barker: But Diane and I agree that it be best to look at the City's
agreement after:you see the sales for this year and then negotiate with them.
But it's a great move.
Mayor Suarez: OK, Mr. Manager, do you recommend it, the agreement?
Mrs. Kennedy: Move it.
Mr. De Yurre: Give me some more background on this, what's the story?
Mayor Suarez: Commissioner, do you want to take some time and we table the,
;.. item until later? ` It's `not on the agenda 'itself', but- weshould act on it, we '
have to act,on it I'guess, before the Orange Bowl; this "is`our'last .meeting. =
s Ms. Diane Johnson: I can give you the figures,•if you like, from last year..
Last year, Volume Services was paid $29,670 to cover the net revenue it would x"
have earned had they sold beer. Additionally, Orange Bowl Committee gave
Volume Services $8,625 which the Volume Services, in turn, 'paid to. the non N
profit groups that would have earned that money had they sold the beer. -
Additionally, the City waived $37,173 which Volume Services would have owed
the City had they been allowed to sell the beer.
Mr. De Yurre: OK.
Ms. Johnson: So we're looking at 'a situation that is nearly identical to what ?
was worked out last year. The Orange Bowl Committee has :offered $38,000 in
payment to Volume Services and the City will reduce its minimum guarantee from
Volume Services by an amount appropriate to what the total gross sales were
for that day.
Mr. De Yurre: Now, what's this about this light. -beer or fake beer? r
Ms. Johnson: In lieu of selling alcoholic beer, Volume Services would
Me.
$sell,-you:know, .the near beer'or�l fake"beer; that has no alcoholic content ppxkrt;
Mr. Dawkins The only way I could vote for this, me personally, is, I'm not 4rv
going to give them $37,000 not to sell beer and then give them the right 'to
�tJ,Jb�
come- back and recoup that $37,-000 by selling a fake beer. OK, either they* x
no... x �
=1 Ms. Johnson: No, that is correct, Commissioner. We will not be giving them ,
` thirty-paven thousand, that was last year,'s figure
98 �sRes►b��' ��� �� r� ,
1} i f
�z
Mr, bawkibs:
U.
Me, 36hneon:
We are gal
beer, we are
going to wai
Mr. bavkins:
Either thel
the same = 1
mean, if wi
right beer,
light beer,
hypocrite, see, I'm goinj
this fit-at,bQ AMWI httt r IM Q
Lieutenant Joseph Longueira: Commissibnar, I've worked most of the Orange
t6wl games. OK, last year 1 was one of the commanders and we had a lot less
problems last year with no beer. Where's no doubt about it, we have less
problems with no beer. And it's an important element to the success of this
event last year and, hopefully, this year.
Mr: Plummer: Well, you know, if I wanted to use that argument, Joe, I would
may, no beer sold in any festival or any event in the City of Miami.
Lt. Longueira: Commissioner, if you want to make that policy, the Police
Department has no problem with it.
Mr. Plummer: No, no, I'm saying, I'm saying that, you know, what you're
telling me in essence is, you can't control it. And if you can't control it
in the Orange Bowl, then, to me, you can't control it at any event that we
have in Coconut Grove or in downtown Bayfront Park or Bicentennial Park that
don't sell beer because the Police Department cannot control it according to
their statistics. And I just don't see the difference. What is the
difference? Why would we allow the beer to be withdrawn from the Orange Bowl
on Orange Bowl Game, we're going to see it at the university games, we're
going to sell it everywhere but rock concerts, we're going to sell it in
festivals in the Grove, we're going to sell it where ever it is and we don't
even get a percentage out of that. Now, something's wrong.
Mr. De Yurre: J.L., let me... the way I see it, you go to a football game,
that's an emotional sport as opposed to baseball. Baseball, you sit there and
" there may be some excitement. Football, people are hitting each other and
` people are going to get rowdy because they get excited and that lends itself,
I as opposed to the arts festival, there's not much to get excited about, you
know, unless you're, you know, an art freak or something like that. But the
thing of the matter is that there is a distinction from the emotional
psychological aspect. Now, the point I want to make for a second, I
understand that what the $37,000 that the vendors get, that's to make them
#' whole on their profit, the thirty-seven or what ever we're giving up...
Mayor Suarez: When can we change that contract, by the way, if I- may
interrupt you for a second, Mr. Vice Mayor, so that we don't have to be making
them whole every year on something that we don't want to even participate in?
Ms. Johnson: I believe their contract runs through-1991 and we have °'Opt ions
to extend it for two additional..
Mayor Suarez:" Well, that's it, options means end though, and I hope that '1
i particular provision as to the Orange Bowl Classic does not keep coming ;up
' every year that we have to waive_.and pay them something in effect. q
Mr. De Yurre: Well it depends who has the option... If the have
Z, option...
Mayor Suarez: No, no, it's got be atouroption, hopefully,`_I mean. F
" Mr. De Yurre: OK.
`f Mayor Suarez: Both, but as long as it's.., OK.
Mr. De Yurre: One point that I'd like,to make is, if;:we're making them 'whole'Y
for what they're losing in the beer sales, ;obv.iously, if there's no beer sale''
there's got to be an increase in coke sales. Now, what happens, are;.we rN
subtracting the increase that they're making by selling coke from what .they 7'
would be making by selling beer?
' Mr. Cruz: OK, Commissioner...
Mayor Suarez: Make sure the record reads, Coca Cola. Go ahead.
Mr. Cruz: OK, what we are doing,, this 'year, since they improved the !norviae
line... r A
- r p1'ret+r
a � 4drr� 1
Ai
Mr. Dawkins: Joe,, don't leave.
r
t
{) Mr. De Yurre: The what? N.
,rtt 4.
but t•m:say
ing and
Can <i
�•fi 1
y`
Mrs plumart It's not a t
document you gave tie at 1
document there showed me
were intoxicated.
Mr. Dawkins s No, he didn"
! Mr. Plummer: Ha, ha, so.
Commission, gave the permit to sell beer, did we say to the Police Department,
if we give Liberty City merchants a permit to sell beer, can you control the
crowd? We've never done that.
Mr. Plummer: Well, but you do in your resolution. Look at the item 26. They
can't hold the event unless the Police Department issues a permit and if I'm
assuming that if, in fact, that the Police Department felt they couldn't
control it, they, in fact, would not issue the permit. I mean, that would be
} a natural assumption.
Mr. Dawkins: OK, thank you.
Mayor Suarez: In any event, the decision for us is very simple. I mean, we
either prohibit once again the sale of beer in which case we can allow sale of
what you call, fake beer, which I have no problem with frankly, you know, if
`.i. people want to buy something that's fake, that's up to them. There won't be
t' any representation that it's alcoholic beer, so presumably we won't be in a
#. misrepresentation situation. I have no problem with any of this.
Commissioner, does anybody want to move the item?
Mr. Dawkins: I make a motion that we don't sell beer the same'as last year.
Mayor Suarez: So moved. `
Mrs. Kennedy: Second.
Mayor -Suarez: Seconded. Any further discussion? Call ,the: roll.
j. The following resolution was introduced by Commissioner Dawkins, who,
moved its adoption: :{
- -KU
RESOLUTION N0.'88-1166 F
u A, RESOLUTION WAIVING THE CITY'S RIGHT TO CERTAIN {
;REVENUES NORMALLY DUE THE CITY FROM THE SALE OF BEER< a #i
AND ALCOHOLIC BEVERAGES IN THE ORANGE BOWL STADIUM FOR
THE, 1988-89 ORANGE BOWL CLASSIC FOOTBALL GAME ON
JANUARY 2, 1989; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
' ATTORNEY, BETWEEN THE CITY OF MIAMI, VOLUME SERVICES,.
INC. AND THE ORANGE BOWL COMMITTEE, INC. GOVERNING THE
PROHIBITION OF ALCOHOLIC BEVERAGE SALES DURING SAID yx,
GAME.
F
z
} (Here follows body of resolution, omitted here and 4
on file in the Office of the City Clerk.) PW
Upon being seconded by Commissioner Kennedy, the motion was passed""and
£{ adopted by'the following vote:
AYES:.. Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
r�
. NOES: Commissioner J. L. Plummer, Jr.'*°���
t
%.
ABSENT: None.
Mr. Barkers I want to thank the Commission and Mayor for your, support,
did have a successful Orange Bowl Game last year :and. we, are using the Coconut ,
Grove Jaycees again this ,year as our good will ambesadas, As 'you 0Qw,'ti'
i' ti�kra Vim• _
s 42 AsaanAbA 15,a _
..- .Ak, r. .r• '., _ .. .... .. ,',4. .{. #r..�r - nv,?4f. ,4 . ",....- . -. .. t. s._.��r'd.�1.�.i.''aS:r3�,^:`S�%a',��u�:a�.n'd'.'�af 5a�`�i'in'���
17. COMMERCIAL BEER SIGNS AT THE ORANGE BOWL: Discussion concerning request
by City Commission to have the commercial signs substituted with
"Welcome" signs.
--��------------------------------------ ------
Mr. Plummer: Mr. Manager, this Commission, on two occasions, I haven't been
in the Orange Bowl recently, instructed the administration to return on the
north side, The City of Miami Welcomes You To The Orange Bowl. Has that been
done?
Mr. Max Cruz: The request was made to GSA back in the summer to make the sign
and we had not placed yet.
Mr. Plummer: Excuse me, I will not accept that. First of all, it is not a
sign. It was painted on the stadium before and you know what, let me tell you
what you've done. What you've done is damn well what you pleased because
there was a fight that they didn't want to remove it because of the beer
signs, OK? The beer signs, they were able to sell that space. Now, damnit,
that was supposed to be done before the start of the season. I brought it up
after the first game to you, Mr. Manager, and we said we wanted that for the
national coverage of TV, "The City of Miami Welcomes You To The Orange Bowl,"
and now you are telling me it still hasn't been done. Now, something is
radically wrong when five months...
Mayor Suarez: When did you point that out, five months ago? That's not
nearly as bad as my effort to get a City of Miami City Hall sign out there on
South Bayshore for three years!
Mr.- Plummer: Are we going to have it up for the New Year's Day'game with
nationwide coverage, or are we going to be advertising the beer? - because
they don't put that on TV.
Mr. Odio: Commissioner, we will have it, but I, was watchingthe game;
Arkansas -Miami and for the first time on television, you could see the signs
where we have it painted, but I'll change it:
Mr. Plummer: - I'm saying to you, Mr. Manager, I realize you get the...
Mr._Odio: It-'s painted'right under the press box and on the field, and that.
is theonlyspot that the TV camera picked up.
Mayor Suarez: Well, I'm sure Max will have no problem getting up on top of
'r
f
it, where it is there and painting a new sign where the Commission wants it
There is nothing else there, you know, I mean another sign is not going to
hurt anybody. And Jim will help with the painting and...
ti
Mr. Barker: I'll be glad to.
Mayor. Suarez: And the 150 Orange Bowl committee members will be. out ,there,:
x�
How many do you have?
fir
x°
Mr. Barker: 170.
x."e
Mayor Suarez: 170.- How do you agree on anything?
-_
Mr. Barker: It's not easy.
Mayor Suarez: You run the show
Mr. Barker. Well, I just want to say that a lot of...
eq
Mr. Plummer: They split them up in committees and keep everybody confused.
t
Mr. Barker: There are a'lot of exciting things happening ':within
n"
committee. You know have our third executive director but we'd like to comet
back to you after the dust settles and give you an update on all the
r
negotiations that we have been going through this year and the entire
" r
complexion of the festival, because we are, and it will be in the zisw
contract, the number one highest paid bowl in NBC's stable and since the
j
44 Decemb�z
9
}
goal sent to AgC, we are right as a premier and as you know froth the pAperbw
we had a lot of negotiations going on this year, a lot of things happening
that we hope to announce real soon, but we Just appreciate you all's Oupport
Very much, it means a whole lot to us.
Mr. De Yurre: Jim, when are you going to make it real exciting and get some
more minorities in there?
Mr. garkert In April.
Mr. De Yurret April? Good, I'll hold you to that.
Mayor Suarez: Last year we made almost no progress, Jim, so please, I mean it
looks real bad for the community and it is a City facility, it's a City event
and our community is composed roughly 90 percent of women, Hispanics and
blacks. Thank you.
.--------------------------------------- -----------
_-------------------
:4
18. BRICKELL PARK: Discussion concerning status report by City Attorney on
the litigation (see label 61).
Mayor Suarez: Item 28, status report on Brickell Park litigation.
Mr. Fernandez: Yes, Mr. Mayor. There is presently pending a lawsuit in
Federal Court between the Brickells and the City of Miami. The Brickells and
the City have been over the past month discussing settlement. It is my duty
as your attorney to come to you and to report the efforts of those settlement
discussions for your consideration. For the particulars in the settlement,
that is the economic and the policy decisions, you will hearing from the
i Manager or his designee as to how feasible the settlement is. For ,the ,r
legal...
Mayor Suarez: Mr. City Attorney, the basic parameters that we gave you and
the Manager were that we wanted to carry out a land swap of the two, without'
having to spend any additional monies whatsoever and that th e. new facility
which would be a park would.somehow be maintained, or at least some funds be
found to upgrade it to look reasonably like 'a:park.
Mr. Fernandez: And that has been in most part.accomplished.
fit+ Mayor Suarez: OK,`those':constraints, have•:those met, at least?, r
Mr. Fernandez That why we are: reporting "to 'you -today, to the "''degree thatr'
they have been. '
A �r:
Mrs. Kennedy: Yes.
r
Mayor Suarez: Well, can I get a simple•yes or no on that? ;
Lv.
Mrs. Kennedy: Can you run those figures by us?
tI Mr. Fernandez: The figures? Yes, the Administration will be in a; position'.. r
do that for you. I would first like, Mr. Mayor, to address ;the "legal ;issues, R.
or the issues which in my opinion, really deserve your consideration 11y
f 1 FY,.hJ M1 .Y
Mayor Suarez Why do you want to do' that before' "telling us if ithe "'basic'='
parameters of what we asked had been met or not7
3 r zy/f y
Mr. Fernandez:", Yes; they have.: The basic parameters have been
k
Mayor Suarez: Thank you!
€` a delivered to you last Friday ad settlementE
Mr. Fernandez: W Y y'propose,
agreement' with a warranty deed stipulation,of judgment:,. land.- covenant ,runriiag ;
r, with the land. Those are the four main documents that you must consider fzpAi4,4
t
{ a legal perspective.
,. Mayor Suarez: No, those are�the' four maim documents' that'you mu«t consider, f
from a :legal perspective. We Just, go- on a basic point's of the settlement, i s
a45
41L 1 b I �1 } � •�
.v , v,..2'f_..J..�rzs3. E..�t.�..,sf _�.___..:1 i�,-c:rai_..�`�5"i'A'+rE+,�.i•,I. e.;k�kw..,•cles'4:i it ,, .3 r.i.
7
we reach a settlement. You decide the fine points legally, because we are not
experts here. What little law I used to know, and Commissioner De Yurre, we
probably have forgotten by now. Olt, what other important matters should we be
apprised on this?
Mr. Fernandez: You should be apprised that the settlement agreement
contemplates going in front of the Federal judge and explaining to him what we
propose to do. This City will be... the park property and the burial grounds
will be given by order of the Federal Court judge, to the Brickells. The
Brickells in turn will cause the Brickell point property, at the mouth of the
river to be deeded to the City. Those are the points in consideration. Not
only will we be getting the property, the Brickell Point property, we will
also be getting an amount certain, I believe there is a $1,040,000 for the
demolition of the existing structures in the park right now, and the
construction or the building out of a park. The considerations...
Mayor Suarez: I am looking at number three. It says the proposed settlement
will result in the Brickell family obtaining Brickell park.
Mr. Fernandez: Right.
Mayor Suarez: By the reverter, presumably. The City will receive the
Riverpoint property,,plus $1,040,000.
Mr. Fernandez: Correct.
Mayor Suarez: Is that true? Is there going to be a point at which we. are
going to have the Riverpoint property, plus $1,040,000?
Mr. Fernandez: At the moment of closing, that will be a fact.
Mayor Suarez: And no further obligations?
Mr. Fernandez: Well, there are covenants running with the land that the
Brickells are imposing on the City together with the giving of the, or causing
that the point property be deeded to the City.
Mr. Dawkins: What are those covenants?
Mr. Fernandez: OK, in essence, basically the same covenants.as are presently.
existing at the present park, that the park or the land be used in perpetuity
for public parks, that it be named the Brickell Park.
Mayor Suarez: What about the burial grounds?
Mr. Fernandez: The burial grounds, in the settlement agreement, ,we have
agreed to move the mausoleum onto the park and have that be a monument inside
the park and that would...
Mr. Dawkins: That's the only covenant running with the...
Mr. Fernandez: No, no, there are many more.
Mrs. Kennedy: Yes, there is a lot more.
Mr. Dawkins: Read them off.
Mr. Fernandez: The covenant number four in particular is the one that X
really called to your attention, the covenanter, that is the City, agrees.that
no structures or other improvements shall be located in, on, above, or under.
the property, or any part thereof, other than as are consistent with;the use
of the property as a public park. Now, this covenant does not presently exist --
on the park property that we have now have assessed.
Mayor Suarez: But it can be implied?
y 3
Mr. De Yurre: And let me tell you, for the record, to me that . is totally �4 t5r
unacceptable.
t�
Mayor Suarez: Wait, can't that be implied from a covenant that says that thi ;s
property will be used as a park? You -are saying that you cannot have and►
structures that are inconsistent with its use as a park, isnIt .that the raay f
you just read it?�
6a
4fi DeceM,ber , 1
4
1
Mr. Fernandet: Yea.
Mayor Suaret: That would seem to be...
Mr. Fernandez: No, but this language is by far..:
Mr. De Yurre: No, but you cannot for example, have a restaurant, a daycare,
there are a number of things that you can, that are not per as consistent
without having to go to court and get a court ruling saying that it is not
4
inconsistent.
Mr. Fernandez: OK, whether it is inconsistent or not remains to be proved.
The thing is that in covenants we would like to be as clear and specific as
possible. If it leaves room for different interpretation, then it is really a
covenant that I would not recommend to you. If what is consistent with public
park use is in fact not definable with an exactitude, then you leave the door
open, and I understand...
Mayor Suarez: Unless the ambiguity is going to be favorable to us at a later.
point.
Mr. Fernandez: Well, but then again, it would be the kind of covenant...
Mayor Suarez: Which I know Mr. Newcomm would never allow to happen.
Mr. Fernandez: The kind of covenant though, will put us back into a
litigation posture...
Mayor Suarez: He doesn't litigate, you know, he doesn't like doing that.
Mr. Plummer: Let me ask a question. How big is the present park?
Mr: Peter Andolina: 2.42 acres.
Mr..Plummer: 2.2?
<<,
Mr. Andolina: 2.42.
Mr.- Plummer: And what is .the size of that which is the,�apartment?.
Mr.Andolina: 2'.24.
s
Mayor Suareze' 2.42�sagainst.2.24? - with Brickell Park being'a little larger?
`
Mr. Andolina: Yes,, the existing park is slightly larger.
�:.
Mr. Plummer: Now, the question_is, basically this is proposed as a swap. The
owners of the Brickell Point have agreed to all of these provisions?
Mr. Fernandez: Well, Commissioner, we are not approaching this as.a,,swap,,we
are proposing this, this is a rather complex settlement process.
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Mayor Suarez: Well, the final effect is swap, but the steps that you take
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are...
Mr. Fernandez:- The final effect, from .our. perspective, from, the City's
3
perspective, we are not, in. privity of contract, we are not negotiating with-,,
the owners over the people that have an ownership interest in the Point
+'
property, right now. We- are doing all of this through the .Brickells.' The
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Brickells are in fact, negotiating with the owners of the Point property.:
A. �7.
Mr. Dawkins: Mr. Mayor, we have a long agenda and this appears to be quite
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lengthy and controversial. I would move that this be deferred and let each
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people meet with each Commissioner and let's find out what our differences are
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and what we have to do, so that when we come back, we can vote on thins,
because we do have along agenda. Now, that's just my opinion. We've got a
,.
'
long agenda ahead of us, and this is certainly going to go on.Ity
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Mayor Suarez: That's true, but Mr. City Attorney, if I may suggest this, and
you've got nine paints here.;.Xou°are reading covenant by covenant. Cep you
tell us, so than we can try to give you some policy determination. 1 hear{�;y
4 3
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from all the way on the right, so sae don't keep coming back each time, froth
OoMlesion+er De Yurre, that he is not disposed, if 1 hear you correctly... I
don't agree with him, but I hear that he is not disposed to go with anything
that would restrict the Point property in the way that this is being proposed,
so that you can't have any structures of not quote, unquote, consistent with
the use as park property. Is that one of the salient aspects of this?
Mr. Fernandez: Yes, it is.
Mayor Suarez: OK, what are some of the other ones? There are two or three
principal aspects of this. With the land swap over all, I mean, the final
effect, we end up with the Point property, we and up $1400,000 plus, a little
bit over $1,000,000 in cash, as a final settlement and the Brickells have some
right of management over the Point property too, or not?
Mr. Fernandez: No, not at all.
Mr. Plummer: They place in restriction.
Mayor Suarez: OK, they are out of it.
Mrs. Kennedy: Mr. Mayor...
Mayor Suarez: But they are placing restrictions and the principal one is the
one it can only be used as a park. What other principal ones are there,
,.. because that could be controversial.
Mr. Fernandez: The other principal, or the other covenant that they have is a
covenant that deals with condemnation. Presently, the way that we stand right
now, with the Brickells, in the park that we now own, is that there is no
covenant that addresses the issue of condemnation. They have a covenant, they
are proposing a covenant now that in the event that any other authority..
condemns or takes portions of this park, they want to participate in the
proceeds of that taking.
L r,
` Mayor Suarez: Including' ourselves, suppose we wanted to condemn the reverter
rights, or whatever?
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Mr. Fernandez: That's right, whether... and my position on-that.is has,'been
made very clear to the-Brickellsattorney, as:we `sat. down,for.many hours, and
negotiated, is that this is really not acceptable to the City. There is a
middle 'ground position..: r.
,. Mr. Dawkins: What number. is that? $
{
u Mr. Fernandez: That's!numbek�eight,'covenant number eight.
r Mr." Dawkins: Number eight, OK, go"ahead. Err
to say for myself at this point and I am sorry,
Mayor Suarez: I have n
l Commissioner, that I have interrupted you two or three times, but for myself,
I'could never go along with that provision: We've got to have a unrestricted
= right of condemnation, under the law, and so does every other jurisdiction I <k�F
don't know that we'd be able to condemn any restrictions or revertersori
whatever, without all kind of litigation and compensation and consultation j
with your clients, but to build in a provision restricting .our right„ of
k'.
condemnation over property that we are going to be telling the-. public is
r, public property at that point is a very tough onefor me.
L t14
Mr. Fernandez: Yes, what is happening here is that -it is anticipated thatii
some time in the near future, perhaps in the next two or three years, the F
State of Florida will come in and we'll need to take a portion of- that park- to
ri ,
widen the bridge that goes over the river at that juncture. t �K.0
Mayor Suarez. Oh, that's -the concernt
,t Mrs, Kennsdys' How much" land are we talking' about? f;q
4;"
Mr 0 square feet",�,tix ,t��rr�,
. Andolinas 2;60
t� Mr. Odip: 2600 square feet only but what.,
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Mayor Suarez- But that can't be a sticking point in all of this,
can it,
counselor?
Mr. Odio: No, what 1 recommended to get off this point, yesterday, was that
the monies that we get from condemnation because of the bridge, we put in the
Parks Department and we use the parks to provide...
Mr. Plummer: They want a piece of it.
Mayor Suarez- Yes, we couldn't agree on what would happen on that scenario
rather than having to waive our right of condemnation and any other
jurisdiction's right of condemnation?
Mr. Phillip G. Newcomm: Well, if it pleases the Mayor, the papers do not
i require that the City...
Mayor Suarez: Give us your name, sir.
Mr. Newcomm: I beg your pardon, Phillip Newcomm, 1500 Edward Ball Building,
i Shutts and Bowen. It is not...
Mrs. Kennedy: Are you registered as a lobbyist?
Mr. Newcomm: No, I'm not.
Mrs. Kennedy: You have to do that before you talk to us.
Mr. Plummer: You have to register.
Mayor Suarez: Does he as a potential contracting party with the City?
~' Mr. Plummer: He is paidtoappear, I'm sure:
Mayor Suarez: I don't know if that is...
Mr. Fernandez: No, he must register as a lobbyist.
Mrs. Kennedy- It:takes only a couple of.seconds.'
Mr. Fernandez: You must simply give your name to,:: t
Mr. Newcomm: I'm here simply as counsel for the Brickells.
Mrs. Kennedy: Are you_being.paid?;
Mr. Newcomm: I hope so. I trust I will be.
Mrs. Kennedy: Yes, you have to register.
Mr. Plummer: You have to be registered.
Mayor Suarez: Phil, you are going to have to fill out a form that we have. I
am not sure that it really applies, but you'd better fill it out`just.:in case °_K$
and the Commission seems to think that it applies.
Mrs. Kennedy: Mr. Mayor, I think we should be looking at this also as a
business deal, and perhaps what we need also is an administrative, opinion'
becausewhatwe are saying is, if we accept it, all we are getting is a - ;park
'. and you know, on the other hand, as if we settle, we will be settling a major `5
lawsuit, but we also need the Manager's recommendation.
Mr.-Odio: I had reviewed this with Pete Andolina and with the City Attorney
rf
and on the question of condemnation, I said that I would oppose giving the a'F
Brickells any money, but that I would agree to put that into the trust account
for the parks, or for the park, since once the bridge .is finished, we will ha
have to spend money to do some work in that immediate area to have access to z3`yr
that.park, but I will not accept any other restrictions.
Mr. De.Yurre: But aren't they getting some money up front from the swsp;.or 4'x
this deal? How much money are the Brickellst
getting from this?
"y Seven hundred and... zvi
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Mr. Odio:
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Mr. pernAnd6to No, $100,040,000,
Mr. Plummer: Not $1,000,000.
Mr, Pisrhandazi 1 mean, $1000#000,
Mr. Plummer: That's the City,
Mayor Suarez: That's us.
Mr. De Yurre: The City... are the Brickella getting any money'?
Mr. Fernandez: Yea.
Mr. De Yurre: How much?
Mr. Fernandez: The Brickells are getting $750,000.
Mr. De Yurre: You know, if they are going to get a penny, especially that
kind of an amount of money, I don't want no covenants that are going to be
restrictive in any way, fashion, or form. Take it or leave it, and as far as
he's an attorney and you are an attorney, and talking legalize here, I think
we have very good legal grounds based on a suit. I think It is frivolous to
great degree and I don't mind taking it from here to wherever it goes and
that's my feeling, I want it on the record, so you know, I got no problem with
proceeding with this. Either we get what we want and we respect the Brickells
and what they mean to this community, but we are not g6ing to be pinned to any
situation wherein it is not favorable to us and that's the end of that.
Mr. Dawkins: I'd have to voice the same opinion as Commissioner De Yurre. If
they are going to get $750,000 for their rights, then we are buying their
rights and if we buy their rights, then can't in return, and for my vote,
demand anything else. Now, if they don't want the $750,000 and give that: to
the City, then I woul
dn't mind considering their covenants.
Mayor Suarez: That's two out of five, Phil, you might.take that.. into:. a,c.c, ount
in future negotiations with the City Commission.
Mr- Plummer:.,. .-,
_I'm a loss, to understand, :there has beeni-noyouare
that ^l
telling mein reference. to, the Brickell Point property, how do we know the owners of that property are in accord?
Mr. Odio: That property, from what I understand, it! was, in chapter.,4,.�,� in,
bankruptcy.
have todeal.
Mayor Suarez: That's part,of the deal.. That.would ha part,�of the,�
Mr. Plummer: Well, I'm being told that they've not even talked with them.
Mr. Odio: But it is.
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Mr. De Yurre; J.L.
Mr. Fernandez: They have not.
Mayor Suarez: No, but wait, wait. The other partyhas, becauseit ends .up,
be 0
being a three -party agreement., They -come in, with �:the,,,.,4uthoriz a-to
neg those people.
otiate on behalf of fG
Mr. Fernandez: Unless we get the Point property,there is.no, settlement and. ,rat
then the Brickells and the unwind aspect of this case, if this doesn t 80
through, we'll get everything.
0,
Mayor Suarez: Well, it doesn't sound. like they are at the table. Thatls.what_
he is asking about, but are they not authorized to represent the interest
the Brickell Point people?
-
Brickells,,.are�jn the, position,to speak. to. -that,-,..
Mr. Fernandez: The
Mr. Plummer: The Brickell Point.,.*
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. . . . . . . . . . . . .
2
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Mayor guarez: Right, the Srickells, his clients. OK, that'*...
Mr. Odio: We expect a finished park, according to our designs, when ae swap.
Mr. Plummer: What?
Mr. Odio: When you *Map, we expect a finished park in the Point.
Mayor Suarez: Yes, but it looks to us like we are only negotiating with one
of the two and what we are saying is this one is empowered to negotiate on
behalf of the other one.
Mr. Plummer: My concern also is in the fact when this new bridge goes in,
access to the property.
Mayor Suarez: Is that built into the agreement as proposed, the access to the
property?
Mr. Andolina: The money that the State would be paying the City for the 2,600
square feet that they need, would be worked out with the State and the design
of the bridge to provide a ramped entrance from the bridge level down the
parks so pedestrians won't have to use the existing access road. They will be
able to approach the park directly from the bridge.
Mr. Plummer: Well, but what about servicing it with trucks?
Mr. Andolina: There will still be the service road available that exists
there now. It's 20.8 feet, even after the condemnation by the State.
Mayor Suarez: Commissioner Kennedy, do you want to add any last consideration
before we send this back?
Mrs. Kennedy: No.
Mayor Suarez: OK.
Mr. De Yurre: Let me just add, so J.L. can get an idea what is going on.
There is an unconfirmed rumor that the owners of Brickell Point, have a
contract, an option on the church next to the park, so I think certainly from
an economic standpoint, it is interesting for them to pursue the park and get
both parcels and build whatever they want to build there, so I think that, and
let me just add one thing.
Mr. Plummer: You know, they got another problem too, it's zoned for parks.
Mr. Andolina: The zoning is PR, but the process already started when this
whole project started a year ago, to go through the rezoning. It has already
been before the Planning Advisory Board.
Mayor Suarez: Yes, it is understood that if we are going to buy one and;sell
the other one, we are going to allow them to build on .it. I. ,mean,
otherwise...
Mr. Plummer: I'm not giving up any aces out of my hand!
Mrs. Kennedy: No, I'm not either.
IN
Mayor Suarez: Well, you are not going to, be able to buy the Point,property.
You may just have to stay with Brickell Park as it is. f
Mr. Plummer: No, I'm just saying that that's a negotiating tool.
Mayor Suarez: I thinkitis built in, Phil unless you get that little form
filled out, I don't think it is a good idea for you to put yourself in
jeopardy. Anything else, Commissioners?
is
Mr. De Yurre: No, but one thing also we might look at,. and maybe.Cesar.could+
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you know, I'd like to consider that is, can we physically remove the a+
apartments that are there and be able to place them somewhere else and be used
for housing as opposed to just destroying it.?u
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Mr. Plummer: Whew!
Mayor Suarez: Like the Brown House.
Mr. Plummer: Yes.
Mayor Suarez: I don't think that structurally would work anyhow. Maybe we
ought to get some experts to advise some...
Mr. De Yurre: Well, that's why I am asking, you know, to get an idea if
something can be done with that.
Mayor Suarez: If there is anything
moved. It's a tough one, Commissioner.
Mr. De Yurre: OK.
Mrs. Kennedy: OK.
that can be redeemed there, or can be
Mayor Suarez: Phil, I think that gives you an idea of how the Commission
stands. I don't quite agree with the two Commissioners to my right, but I do
feel that if your clients are getting compensated, that the most we should be
forced to allow them to have in the new property would be the same covenant
they had before, which are sort of classic covenants of someone who is giving
something a municipality, which is what they had when they, but no more than
that! I mean, I can't imagine involving them any more than that.
Mr. Newcomm: Let me say this, Mr. Mayor, on behalf of the Brickells we
represent. We respect the concerns of the Commissioners and in deference to
this Commission, you should know the Brickells have certain concerns and we
aim to deal with those, but the Commission should know by reason of the
complexity of the overall transaction, of which has been structured very, very
carefully and deliberately to fall within a very tight time sequence, that
this matter simply cannot languish or drift and I would specifically request
your Honor, that we have the opportunity to reconvene, if you request, or set
'. a special meeting, sometime between today and the 23rd of December. This deal
will not fly if we do not have the Commission approval within this period of
time.
Mayor Suarez: By the 23rd of December?
Mr. Newcomm: That's right.
Mayor Suarez: Well the only thing I can think of, is you know, for myself, if
the Manager and the City Attorney would prepare to make a recommendation this
afternoon, I would contemplate it, but I can't imagine having a special
session between now and the 23rd.
Mr. Newcomm: I don't anticipate that we are very far apart on some of the
matters that have been raised. The Vice Mayor has raised the matter
concerning the restriction. I think that there is a way that we can deal with
that to the satisfaction of both parties. We'll have to take a little closer
look at the condemnation issues, but it should not be lost on the Commission.
It certainly is not lost on the Brickells, that the City and the Brickells for
some months now have held and shared a common goal to see to it that Brickell
Park is established on the Point property. I think it is manifestly in the
interest of the City and the public and the Brickells to have that
accomplished.
Mayor Suarez: I just want to say, Phil, that the complexity which you are now
using to argue in favor of a quicker solution also is going to create,' is
going to be the cause of the solution not being so quick, and us not being
able to act so quickly on it, and your clients ought to be advised of that, if
they really expected all of this to be settled by December 23rd. It may be
that the matter will never take place before that time.
Mr. Dawkins: Why does it have to be settled by the 23rd?
Mayor Suarez: Well, they are
saying that
they will get off the negotiating, '
table if we don't have it done
by the 23rd.
f,l
Mr. Dawkins: Well, bye, bye.
,x
52
December 45 19$8
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Mayor Suarett Like the Brown House.
Mr, Plummer: Yes.
Mayor Suarat: I don't think that structurally would work anyhow. Maybe we
ought to get some experts to advise some...
Mr. De Yurre: Well, that's why I am asking, you know, to get an idea if
something can be done with that.
Mayor Suarez: If there is anything that can be redeemed there, or can be
moved. It's a tough one, Commissioner.
Mr. De Yurre: OK.
Mrs. Kennedy: OK.
Mayor Suarez: Phil, I think that gives you an idea of how the Commission
stands. I don't quite agree with the two Commissioners to my right, but I do
feel that if your clients are getting compensated, that the most we should be
forced to allow them to have in the new property would be the same covenant
they had before, which are sort of classic covenants of someone who is giving
something a municipality, which is what they had when they, but no more than
thatl I mean, I can't imagine involving them any more than that.
Mr. Newcomm: Let me say this, Mr. Mayor, on behalf of the Brickells we
represent. We respect the concerns of the Commissioners and in deference to
this Commission, you should know the Brickells have certain concerns and we
aim to deal with those, but the Commission should know by reason of the
complexity of the overall transaction, of which has been structured very, very
carefully and deliberately to fall within a very tight time sequence, that
this matter simply cannot languish or drift and I would specifically request
your Honor, that we have the opportunity to reconvene, if you request, or set
a special meeting, sometime between today and the 23rd of December. This deal
will not fly if we do not have the Commission a row 1 ithi thi
pp a w n s period of
time.
Mayor Suarez: By the 23rd of December?
Mr. Newcomm: That's right.
Mayor Suarez: Well the only thing I can think of, is you know, for myself, if
the Manager and the City Attorney would prepare to make a recommendation this
afternoon, I would contemplate it, but I can't imagine having a special
session between now and the 23rd.
Mr. Newcomm: I don't anticipate that we are very far apart on some of the
matters that have been raised. The Vice Mayor has raised the matter
concerning the restriction. I think that there is a way that we can deal with,
that to the satisfaction of both parties. We'll have to take a little closer
look at the condemnation issues, but it should not be lost on the Commission.
It certainly is not lost on the Brickells, that the City and the Brickells for
some months now have held and shared a common goal to see to it that Brickell
Park is established on the Point property. I think it is manifestly in the
interest of the City and the public and the Brickells to have that
accomplished.
Mayor Suarez: I just want to say, Phil, that the complexity which you are now
using to argue in favor of a quicker solution also is going to create, is
going to be the cause of the solution not being so quick, and us not being
able to act so quickly on it, and your clients ought to be advised of that, if
they really expected all of this to be settled by December 23rd. It may be
that the matter will never take place before that time.
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Mr. Dawkins: Why does it have to be settled by the 23rd?
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Mayor Suarez: Well the are saying that the will
Y Y Y B y get off the negotiating
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table if we don't have it done by the 23rd.
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Mr. Dawkins: Well, bye, bye.fi,'
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Mayor Suarez: I have a feeling the Commission would just say...
Mr. bawkinst Bye.
Mayor Suarez: ... we tried.
Mr. Plummer: Thank you.
Mayor Suarez: I mean, that ought to be conveyed back to the Brickells, I
really believe that, because the complexity is such that it is very difficult
for us to act on it, even with the expert advice and so on and the
simplification that the City Attorney has managed to give us on it.
Mr. Newcomm: Well, let me bait you to this extent. In the context of the
restriction that Mayor De Yurre is concerned about, I believe the Brickell
interest would be receptive to an idea that would permit a restaurant on that
site, but they are not at all disposed to see that site used or abused as a
wholesale commercial enterprise. A restaurant should not be the main
attraction or the feature of that site. It is in a historical site to begin
with and as much as possible, balancing those interests...
Mayor Suarez: You are talking about which one now? You are transferring all
the historicity of Brickell Park to the Point property now?
Mr. Newcomm: We are attempting to.
Mayor Suarez: Because the other 'one, I know you are going to build some kind
of a building or sell it, so that it can be used for something quite different
from what was there. What would you say is the principal point of separation
then, is that issue, you think?
Mr. Newcomm: From what I am hearing from the Commission, I believe it is.
Mayor Suarez: OK, from your client's standpoint, I mean other than the fact
that we have to do all of it by December 23rd?
Mr. Plummer: Are we wasting our time? I mean, if you are saying that`it'has
got -to be negotiated by the 23rd of December.
Mr. Newcomm: No, I don't think we are wasting our time, and -please know that
we have spent substantial time, over the last three or four months,getting' us
to this point. There have been many negotiations.
Mr. Plummer: But are you saying, as I understood you to say, that if it is
not negotiated by the 23rd of December, it's over? H
Mr. Newcomm: My information is that we must get resolved in that period of
time, Mr. Commissioner.
Mr. Plummer: Sir, thank you, that's all I am asking and as far as I am
concerned, it's a dead issue, it's over, it's gone. We tried and it's gone,
that's it, simple. It will never be done by the 23rd of December, of this
year. Now, if you are talking about next year, that's a different story.
Mayor. Suarez: I just didn't want to interpret from the effort of staff to
settle this,
that the Commission feels equally committed, all of us. I think ?F
maybe some of
us do.
Mr. Plummer:
We don't even meet again until January, so we couldn't even -
approve it by
then. Y'
7yyJ.
A
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y
Mayor Suarez:
For a lot of us it is not the end'of the world if the park just
stays where it
is in the Point. We'll see what develops here. r..
. r .
Mr. Newcomm:
Of course, but...
�{
Mr. Plummer:
Mr. Mayor, we did not set that ultimatum, they didt
Mayor Suarez:
I understand.
Mr. Plummer:
And we can't comply with it, so thank you. Let's don't tack no 'X_
more, why waste our time? X
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Mayor Susrel: Any last...
Mr. Neveown: Yes, I want to say this, Ism not going to give up that easily,
because if we have to go back now and renegotiate with interests other than
the City in order to come up with another time table, if that is feasible at
all, then we shouldn't_ foreclose ourselves today.
Mayor Suarers Well, as to those interests, it sounds like we are agreed, I
mean, they don't seem to be creating any of the difficulties.
Mr. Plummer: No, no, Mr. Mayor, I...
Mrs. Kennedy: And do what the Mayor suggested and come back to us this
afternoon after meeting with your people and the City Attorney.
Mayor Suarez: Commissioner Plummer, as to the Brickell Point property, it
seems like the price is acceptable and all of that, they are paying for it,
you know, we don't...
Mr. Plummer: Yes, but they are going to also want to hold on and get more
money later on. That was their ultimate here this morning. Mr. Mayor, what I
am saying to you is sir, we did not set the ultimatum, they did. That
ultimatum, in my estimation, in no way humanly possible can be reached. We
don't even have another meeting this month. Now, if...
Mayor Suarez: It may be, yes. No, I understand the timing.
Mr. Plummer: But the point I am trying to make to you, sir, let's cancel the
litigation, don't put the City Attorney through any more hassle, don't take up
his time and the court time and all of that when it is a dead issue. It is,
from what I understand, a dead issue.
Mayor Suarez: Let me say this, Phil. Maybe this is the best way for your
clients to understand where we are. If they expect to get money from this
overall 'transaction, don't impose any conditions on the Point property. The
City has all kinds of restrictions on anything that we are using for park
land, frankly, and we have tons of citizens to come here every time we
consider using park land for a restaurant as its principal purpose. Believe we
have all kinds of opposition, the Brickells will be those citizens, but for
the Brickells to hold onto that, as a right that they reserve for themselves,
I just have a feeling it is not going to fl !
j g B g Y
s Mr. Plummer: Do we get the same option? I mean, was that proffered, Mr. City. 1
Attorney, that we get to: impose restrictions on the present Brickell•Park?
Mr. Fernandez: No.
Mr. Plummer: Ah he, cooperation is's one way street.
' Mr. Odio: Better show him that
Mr. Plummer: No, hey,- as far as I am'concerned, the litigation is over, it'is {:
' a done item.
f,
Mr. Fernandez: No, no, the...
w
Mr. Odio: We need to clarify this, we need to' get'.. Kry
Mr. Plummer Clarify what?
Mr. Odio: Even though it might not be settled today, the litigation goes on
}J' Mr. Plummer: The litigation for what?
k Mr, Fernandez: The Brickells have sued the City.
Mr. Plummery For what? Only because we were talking about aellim
;k Mrs. Kennedy: For the 'past three to five years.
I
00
Ll
Mr. Plummors Hey, that's only if we consider selling.
right to that park for infinitum.
Mayor Suarez: Well, we have not made a determination yet.
If not, we have the
Mr. Fernandez: Well, those are the issues that are in front of a Federal
judge. The Srickells feel very strongly that our proposing to sell this
property has kicked in the reversionary interests.
Mr. Plummer: Exactlyt
Mr. Fernandez: We feel to the contrary, but that is up to the judge.
Mr. Plummer: If we act today that it is a dead item, then it is a dead item.
Mayor Suarez: He is right that if we acted today to clarify that we want to
abandon all negotiations, there is no lawsuit.
Mr. Plummer: That's it, pure and simplef
Mayor Suarez: You know, I mean, you would drop the lawsuit. I...
Mr. Plummer: Pure and simple we just keep the park we got and they have no
rights.
Mr. Fernandez: Well, they claim they do.
Mr. Odio: Commissioner, I asked that question.
Mr. Plummer: Only if we sell.
Mr. Odio: No, I asked that same question yesterday, and I cannot understand
that they are acting on our intentions, or supposed intentions.
Mayor Suarez: If we in fact decide that we don't have such an intention, that
makes the whole issue mute. He's right about that. We haven't decided that
yet, but may be about to decide that pretty soon, Phil. Ought to be warned
about that.
Mr. Newcomm: We will get with our,principals and be back to George as:soon as
we can.
Mrs. Kennedy: We'll be here this afternoon.
19. ANTI -NOISE ORDINANCE: Instruct City Manager and City Attorney to
prepare a uniform ordinance which would resolve present discrepancies
=f
between City and County ordinances.
Mayor Suarez: OK, item 29, anti -noise ordinance, uniform the County's.
4
Mr. Plummer: Mr. Mayor, there is a discrepancy between the City and the
County ordinance and what I'd like to have is the City Manager get together
with the County and come back to this Commission with a recommendation that we
are uniform along the lines, so there is no discrepancy and there is no
>'
uestion as to what is the legalit so I would move that th Cit Att
9 Y,
and the City Manager get together and let's get
e y orney W
uniformity and get, as we
always hear, a minimum standard and let's go from there and come back to this 4X1
Commission with it at a later date, I would so move.(
�6
Mr. Dawkins: Second.
�JY
Mayor Suarez: Moved and seconded, any discussion?
{t
Mrs. Kennedy: Under discussion, Mr. City Attorney,
one of the'properties�i
involved is the Monty Trainer's restaurant which
is owned by Terren►ark.,.of+
which I am vice president. Do I have a conflict of
interest in this? xr m
'
Mr. Fernandez: Yes, you do.
' n
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.55
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Mrs. Mennedy: OX,
Mayor guars$: Let me take issue with that for a second. She says one of the
properties involved, why is she saying that, because we are talking only about
public properties that are leased to private people, isn't this anti=noise
ordinance going to apply to the whole City?
Mr. Fernandez: hail, presently the City code has a provision that controls
noise...
Mayor Suaraz: In general.
Mr. Fernandez: ... in general, but then exempts the City owned...
Mr. Plummer: City owned property.
Mr. Fernandez: ... facilities and properties and the interpretation that that
language has been given in the past, is that facilities or properties that the
City has an interest in are exempted from the...
Mayor Suarez: And that is a sufficiently small category of properties that
the Commissioner who has an interest in that should remove herself?
Mr. Fernandez: Yes.
Mayor Suarez: The reason I am asking is, that just about any ordinance that
we pass affects properties that all of us own in the City of Miami. I want to
make sure that you thought about the category being so small that the number
of City owned properties that she ought to abstain, because otherwise any time
we have anything being done that will affect our properties, any ordinance in
our neighborhood, or even City-wide, it could affect our property rights.
You've thought it through?
Mr. Fernandez: Yes, I have.
P�
all the roll on that motion.
Mayor Suarez:. OK, c
The following motion was introduced, by Commissioner Plummer; who moved,
Lis adoption:
' lei
MOTION NO. 88-1167
A MOTION INSTRUCTING THE CITY MANAGER AND THE CITY r
ATTORNEY TO GET TOGETHER CONCERNING PREPARATION OF A k�{
UNIFORM ANTI -NOISE ORDINANCE THAT WOULD RESOLVE
DISCREPANCIES BETWEEN THE CITY'S ORDINANCE AND THE ONE
PREPARED BY METROPOLITAN DADE COUNTY; FURTHER
INSTRUCTING THE CITY MANAGER TO MEET WITH OFFICIALS
FROM METROPOLITAN DADE COUNTY IN CONNECTION WITH SAID
MATTER.'''
:4
Upon being seconded by Commissioner Dawkins, the motion was passed and azk
adopted by the following vote: q
,
AYES: Commissioner J. L. Plummer, Jr.
r
Commissioner Miller J. Dawkins„
Vice Mayor Victor De'Yurre `f
, Mayor Xavier L. Suarez {'rn
F{ NOES: None. �?
T ti .�'
}Y
,ABSENT: None.
ABSTAINED: Commissioner Rosario Kennedy
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20. POLITICAL SIONSt Discussion on removal of signs - direct Administration
to enforce present guidelines.
Mayor Suarez: Item 30, Whose item is this?
Mr. Fernandez: Yes, this is our response to Commissioner Plummer. At the
last City Commission meeting he suggested that we look at the City of
Homestead, that they had an ordinance in their books that controlled political
signs, or the dismantling of political signs immediately after the election.
We have prepared a legal opinion that we are ready to report on, or pass out
for you to read. If you have any questions, you may ask.
Mr. Plummer: Is it enforceable?
Mr. Fernandez: We found out, sir, that the City of Miami has a better
ordinance with more teeth in it than the City of Homestead, that we have...
Mr. Plummer: How come they have no signs left up and our streets are still
littered?
Mr. Odio: They don't have any politicians over there.
Mr. Plummer: They don't have no politicians.
Mr. Odio: That's right.
Mr. Plummer: Well, is there any provision...
Mayor Suarez: Do they have city managers over there?
Mr. Plummer: .. in our present code that we can take these people, before `
Code Enforcement for now not taking them down?
r
Mr. Fernandez: Yes, there is.
4 Mr. Plummer: Well, why hasn't it been done?
e ..
Mr. Fernandez: Because we will start from now on.
} Mayor Suarez; You press.a button and you get that answer every time because
as:of today we will do it. OK, anything further Commissioner? We will have a
4 patrol this weekend to check on their enforcement?
Mr. Plummer: I liked the way Mel Reese used ,to do it. He sent out the Fire
Department.
9 '
Mrs. Kennedy: What did he do with it?
t
E' Mr. Plummer: They are going to bring it up at the next meeting.
rs
Mayor Suarez: How about that Mr. Manager, using the Fire Department to do
` something about the political signs that are up there? - and having them write
down .which candidates signs they have to remove,and advise the City Attorney'
or the City Manager for possible fining of those candidates, if they can be
found, some of them, probably. "4f_
r Mrs. Kennedy: Some cities makes candidates post,a bond.
Mr. Plummer: That's right, and I'll tell you, any sign that doesn't 'have .a u
f' permit should be taken down immediately.
Mr. Odios. We removed tons and tons of signs, Commissioner, during the
F election time.
3 uk
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes, unless it;is an incumbent, right.
} 57. or
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Mayor Suarez: bell, that's the way it used to morn in the old days how. tt
was only a...
Mr. Plummert I haven't put any...
Mrs. Kennedy: Imagine how much cheaper campaigns would bet
Mayor Suarez: It was only enforced as to the challengers, remember, in the
old days, and the Fire Department used to respond quite quickly to the
Incumbents.
Mr. De Yurre: And now we find out it was a good law.
Mayor Suarez: And now we.. you, that's right! That was a good law after allt
21. A) LEGAL STATUS OF CITY PARKS: Discussion.
B) YOUTH CENTER AND PRIVATIZATION OF CERTAIN DAY CARE CENTERS in certain
City parks: Discussion.
Mayor Suarez: Item 31, legal status of City parks.
Mr. Fernandez: Yes, this item I believe could be better handled, Mr. Mayor,
together with item 93. This is my report to Vice Mayor De Yurre regarding the
use of City parks for building daycare centers or youth recreational centers
and the like, and so I've discussed it with Mr. De Yurre and at the time that
item 93 is discussed, perhaps we can then give them...
Mayor Suarez: In five words or less, we can dispose of 93 and 31. What's the
report?
Mr. Fernandez: The report is that on the City parks that have been identified
by the Administration, it is possible in all of them except one, Antonio Macao
Park, to build a daycare center, bottom line, but then we have some...
Mayor Suarez: Is there any restriction as to how long the lease would be or
what kind of property rights the people would get? Are we talking about
basically use permits like in the other cases we've done?
Mr. Fernandez: Use permits, then we could use any of the means available to
the City through the procurement ordinance. You know, we could do a UDP, we
i.' could do a long term lease.
#.- Mayor Suarez: But if we don't want to go to competition, we want to go
something going very quickly, we use a use permit.
Mr. Fernandez: Revocable permit, yes.
Mayor Suarez: And we could have a long term lease?
i
Mr. Fernandez: Well if we do, if we observe the Code. and Charterprovisions,
as doing...
Mayor Suarez: Does it violate the designation as a park?
Mr. Fernandez: Not necessarily.
j Mayor Suarez: In some cases it does probably, because some people deeded the
g property to the City or whatever, the state deeded...
r r�
Mr. Fernandez: That's right. If the deed restrictions are such that -it would
preclude us from doing that, then we would have a question, but in the
ser
there is also another consideration... r`
t�r
i Mayor Suarez: That's at Brickell Park, for example. ;tit
it Mr. Fernandez: ... if we have Federal government monies used for
rig
construction of a park, then the Federal government has precluded us from a �
doing any other kind of building in park.
58
�Deceingsr i.,
,s jiatf
Ma, Diane Johnsons The restriction really is that for each of the grants, the
federal grantsi we identify all or the portion of the park. For those parks
other than Maceo, it was only a portion of the parka, so we would have to be
site specific in any contract or request for proposals to make sure that the
day care center was located well outside of the grant area.
Mayor Suarez: And as good staff members, you would take care of that in the
event that we were going to go through that process.
Ms. Johnson: Certainly.
Mayor Suarez: Commissioner, anything else? Vice Mayor?
Mr. De Yurre: No.
Mayor Suarez: OK, we took care of two items.
------ - - - - --- --- -
22. A) WAIVE CODE PROHIBITION against appearance of former City Employee -
Christopher G. Korge of Holland and Knight.
B) SHELTER ADVERTISING OF AMERICA, INC.: Accept proposal for
installation of bus shelters (see label 25).
Mayor Suarez: Item 32, bus shelter contract. Status report? I thought we
were going to act on this?
Mr. Fernandez: In reference to this item, Mr. Mayor, I call your attention to
item 72. Item .72 is the waiver of a conflict of interest for the attorney
representing one of the bidders in this item, I suggest that perhaps in order
to be able to...
Mayor Suarez: I'll entertain a motion on the waiver for Chris Korge.
Mr. Dawkins: Moved. k
Mr. Plummer: No, not
Mayor Suarez: Moved and seconded. We have one negative, vote already, but
let's see how it goes. Call the roll'. Do we need to do two; readings?
The following resolution was introduced by Commissioner Dawkins, who !'
moved its adoption: s
RESOLUTION NO. 88-1168
A RESOLUTION WAIVING, BY A 4/5TH AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
APPEARANCE OF A FORMER CITY OFFICER, OFFICIAL OR
EMPLOYEE BEFORE THE CITY COMMISSION WITHIN TWO YEARS
AFTER LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION ;r
APPLIES TO CHRISTOPHER G. KORGE OF HOLLAND & KNIGHT,
WHO LAST SERVED AS AN ASSISTANT CITY ATTORNEY UNTIL y'
r JUNE 24, 1988, AND WHO HAS ENGAGED IN PROVIDING LEGAL
SERVICES SINCE THAT DATE AND WHO NOW SEEKS TO APPEAR
ti AND REPRESENT CLIENTS IN MATTERS COMING BEFORE THE +*^f
CITY COMMISSION FOR ITS CONSIDERATION.
r
(Here follows body of resolution, omitted here and on
r file in the Office of the City Clerk.)` s `
v„ f,
' Upon being seconded by Commissioner Plummer, the resolution was passed r}ti'x.j
" and adopted by the following vote: '
f E
t t q tm
f5 t
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALLS
Mayor Suarez: Do we need to do two readings, is it an emergency ordinance or
is it just by resolution we can do it?
Mr. Fernandez: No, you need four/fifths vote only.
Mayor Suarez: OR, yes, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Fernandez: And it should be noted, Mr. Mayor, that this is a public
hearing to take place at 11:15 a.m., and it is right now 11:15 and it is a
public hearing, that it is, should you invite members of the public if they
have...
Mayor Suarez: We have got no problem on the time, do we?
Mr. Fernandez: No, not on the time.
Mayor Suarez: Thank you, we just made it. Is there anyone from the general
public that is going to be wished to be heard on this item, other than the two
bidding entities? Let the record reflect that no one has stepped forward.
Who do we hear from?
Mr. Plummer: Well, at the last meeting we had turned it over to the City
Attorney and the City Manager, so I guess that's who we will hear from.
Mayor Suarez: There was no way of dividing the City, there was no way of them
agreeing to a procedure by which they would come in in a blind selection on
the basis of who pays the most, that we would select? We are back to the
square zero, then, is what you are telling us. We have to select one or the
other.
Mr. Fernandez: Right, exactly.
Mr. Odio: Not really zero. I'm back to my original recommendation.
Mayor Suarez: OR, have you found anything more about the qualifications of
t either of the two parties? - in terms of we have to have a two year
requirement of the corporation being in existence?
r
' Mr. Fernandez: Yes.
t Mayor Suarez: Do both of them meet it? I hear now that neither one meets it.
Mr. Fernandez: Well, this is a point in contention. The City Attorney's
position in this, let me make it clear at the onset, is that in front of you
presently is still the recommendation of the Administration to go with shelter
ads.
# Mayor Suarez: On the issue of the corporate existence, what have you found,
Mr. City Attorney?
! Mr. Fernandez: Conflicting testimony. The parties continue to conflict with
each other. It has come to our attention... E
Mayor Suarez: That happens all the time. What do we think?
r
Mr. Fernandez: We think that the requirement that the corporation has to have
been in existence for two years is the strict requirement and it must be met`.
Mayor Suarez: Is it met by both or either?
r
Dece440er ;1
Mr. Fernandeet It is only met by Shelter Ads.
Mr, Odiot That's why we stick with that.
Mayor Suarez: OK, we are going to hear from the other group on that, t
gather.
Mr. Fernandez: However, City Ads believes the Shelter Ada does not meet that
requirement either.
Mayor Suarezt Because they were incorporated less than two years from the
point of bidding, as opposed to from today?
Mr. Fernandez: Exactly, as a corporation in the State of Delaware.
Mayor Suarez: Which is the date that you think applies, the point of bidding,
the point of our fee being issued, the point of the Commission deciding, the
point of your recommending...
Mr. Fernandez: The point of bidding, the point of bidding.
Mayor Suarez: OK, do we hear anything further from the Administration? Do
you still recommend...
Mr. Fernandez: Yes.
Mr. Odio: We still recommend, based on that. The other one should have, in
my opinion, been disqualified, because they didn't meet that strict
r requirement, we stick to our recommendations.
Mr. Fernandez: There is a third position that you may consider, not
withstanding the factthat we believe that the City Manager's recommendation
is defensible. You as...
Mayor Suarez: This is the one you consider when it is fourth down and 25
yards to go, right?
Mr. Fernandez: You as a City Commission, as a legislative body have the
ultimate right to reject all bids. If you find, that there is sufficient
confusion, or that there is ambiguity in either the RFP, as it went out, or in
the responses that are given, you may make findings and proceed to reject all
bids.
Mayor Suarez: OK.
Mr. Dawkins: Mr. Mayor.:
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes.
Mr. Dawkins: We pay you to come back -and give us legal.opinions ,OK?
Mr. Fernandez: Yes.'
Mr. Dawkins: And after you give me a legal opinion, then it° -is my duty. as; -a
Commissioner to sift through that-. Now, i take offense- to your sitting over-,x='
and telling me that I can opine, or as a City Commission, we can legally do
this. I want from you, sir, a legal recommendation that I can act on.
Mr. Fernandez: I've given you that. The City Manager's...
Mr. Dawkins: well, give it to me again, air.3�+
Mr. Fernandez: The City Manager's recommendation.
Mr.
Dawkins: OK, and that you can defend in court? ff `'M
Mr. Fernandozs Yes.
Sr14c�'s' .-:
I
Mr. parkins: OK, now understand, we now guarantee no wins, no place, because
we do not know how the jury will vote.
Mr. Fernandez: That's right, and also...
Mr. Dawkins: OK, but you do think that the position the Manager has taken is
defensible?
Mr. Fernandez: Yes.
Mr. Dawkins: Now, the other group is going to sue also, so are comfortable
that you can beat their lawyer in court.
Mr. Fernandez: Yes, especially in light of the fact that Shelter Ads is
willing to indemnify the City and assume the cost of all defense and any
judgement if the City were in this case to lose, so having that kind of
protection, not that in any way at all influenced my decision, but that
certainly, to respond to your question in consideration.
Mr. Plummer: Was it proffered same from the other side?
Mr. Fernandez: No.
Mr. Plummer: Was it requested?
Mr. Fernandez: No.
Mr. Plummer: Well, let me tell you something before we get started on the
article. There is something wrong when we sit up here and we think we are
doing business with a company. Mr. Manager, I think in the future that what
we have to do is be more close in our RFP's. To me it was never ever the
intent that this matter and other matters, but this one in particular, since
it is one we are talking about, would be a matter of awarding a bid to "X"
company and all of the other work, or all of the work, would be sublet as
opposed to a company that is the company that does all the work. Now, if we
don't be more careful about that in the future, companies are just going to go
out of business and it is going to be like a representative.
Mr. Fernandez: That's my point of ambiguity. There is enough ambiguity on
that point alone, that if you so find this Commission is free to reject all
bids.
Mr. Plummer: Well, but you know what happens as well as I. Something goes
wrong. You go to that company, they say, it is not me, it was my
subcontractor. Then you've got to go the subcontractor. The subcontractor
says it is not me, it is another one; whereas if you have a company that you
go to and that is where you can deal with the responsible parties, to me it is
a lot different, when you go and deal with a jobber, is which I guess it is
commonly referred to.
Mayor Suarez: Commissioner, I agree with you as to this, but I am reminded by
the Manager or something, I think ought to be put on the record, and clarified
that almost every contract that we award to a GC, to a general contractor it
implies that there is going to be subcontractors and in fact, in some cases,
the general contractor, all he does is spend all his time signing up
subcontractors. My concern... and sub -subcontractors, and sub -sub -sub and
then laborers at the end, apparently is like five layers by the time you get
to the guys that actually does the work. Now, in this particular case, what
concerns me is that... I think the same thing that concerns you is not so much
the subcontracting, although that troubles me a little bit in this field, but
the fact that maybe there is no one particularly knowledgeable in this field,
or with experience in the one company, as opposed to the other one, it seems
one company is more clearly qualified than the other, in my view, but...
Mr. Odio: Well, I think as I see the bus benches is the marketing expertise
and being able to get the proper advertising to get the revenues. Anybody can
build the shelters. I think it is the expertise of that company to promote
the...
Mayor Suarez: Let's do this. Let's take a quick presentation from both sides
and let's just decide. I think everyone has heard so much on this matter, we
have been lobbied, we've been before this Commission twice.
K>;
62 December 15, 1900
f i
414
Mr. De Yurre: Mr. Mayor, to maybe shorten time, right now I'll tell YOU what
ray position is and I will know if we have a consensus in the COiarniaeion. My
position is to throw this out and put it out for bids again and I don't know
if I have a second on that right now.
Mayor Suarez: OK, we have a motion. I'd like to decide this at some point,
but we have a motion, do we have a second?
Mrs. Kennedy: Don't you want to hear the presentation first?
Mr. De Yurre: Well, we put it out. You know, I think there is enough
argument here that first of all, I am not comfortable with the two year, you
know, why a two year experience, and what is that experience really entail?
Do you want experience on the selling of the merchandising, or in installing
the equipment, or the maintenance?
Mayor Suarez: You mean, two year existence, no? - the corporate existence for
two years.
Mr. De Yurre: Well, you are talking about experience, ket's face it, we are
looking at two years worth of experience, and to me I'm not... you know, that
doesn't hold water for me. That's not really that important, and I think that
if you know, we should just put it out and maybe put some different
requirements in it, and take it from there, we avoid lawsuits...
Mayor Suarez: Is there any magic to two years, are we copying other cities
requirements or any other bidding processes that we have used that we have the
two year requirement? You deem that to be the lowest number of years?
Mr. Fernandez: It is a judgment call.
Mayor Suarez: Judgment call, OK.
Mr. Odio: I really don't think we should have a company that has less
experience than that, or we are going to fail.
Mayor Suarez: You are thinking that is the threshold, OK. We have a motion,
are you saying to throw out all of bids, begin anew?
Mr. De Yurre: Put it out for bids again.
Mayor Suarez: Do we have a second? Going once, going twice? Do we have a
second on the motion? OK, let's make the quick presentations, please.: Just
keep it to, Madam City Clerk, well, no longer than four minutes each and then
if need be, we'll clarify additional points.
Mr. Chris Korge: Thank you, Mr. Mayor and members of the Commission, my name
is Chris Korge, I am an attorney with Holland Knight, at 1200 Brickell Avenue.
First of all, the real issue before you is whether or not you have a bid
that's a viable bid, which the Manager and the City Attorney has told you
already you do. The bid that has been presented to you by my client, Shelter
Advertising of America Inc., is in fact a qualified and responsive bid.
Yesterday my client prepared an affidavit which shows that my client has been
in operation for five years, has been maintaining bus shelters in Dade County
for five years, maintaining and operating and owning bus shelters. The company
and the certificate that was provided to the City Attorney by the opposing
side was a certificate of when their Delaware Corporation was incorporated.Y
`
What happened was at one time the corporation was incorporated in another
state and for tax reasons they reincorporated in Delaware.
Mayor Suarez: The first of those contracts with local municipalities was
r�
signed when?
Mr. Korge: In 1983.
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Mayor Suarez: With which municipality?
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Mr. Korge: Dade County'
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Mayor Suarez: Under which name? _
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Mr. Korget Under Shelter Advertising of America, Inc:
Mayor Suarez! A corporation incorporated in which state?
Mr. Korge: At the time it was incorporated in Ohio and we have provided the
City Attorney with certificates of incorporation from Ohio and also the
contract that shows that they have a contract with Dade County since that
time.
Mr. De Yurre: Let me ask you, what is your legal definition of
reincorporation?
Mr. Korge: Reincorporation means that the corporation, the actual entity that
was created and has been serving Dade County, the bus shelters...
Mr. De Yurre: No, no, in general, in general.
Mr. Korge: My definition of reincorporation is when you take one corporation
and for whatever purposes, you dissolve that one corporation and reincorporate
the other corporation.
Mr. De Yurre: OK, great. If we go by that definition, your company has not
been in existence for two years.
Mr. Korge: I disagree with you, Commissioner. The reason why I disagree with
you is...
Mr. De Yurre: Hold on. No, I am going by your definition.
Mr. Korge: I understand. I disagree with you...
Mr. De Yurre: It ceases to exist, and you incorporate in another state. It
isn't like you failed to pay your annual report and then you go back and you
owe $95 and now you are back to day one.
Mrs. Kennedy: It was actually dissolved.at one point.
Mr. Korge: Yes.
Mr. De Yurre: You know, if we are going to go by legal...
Mr. Korge: If you...
Mayor Suarez: And the problem is, Chris, frankly, that if you are going to be
technical about the two year incorporation requirement on both sides, you are
going to be in trouble with that, so I would suggest that you apply more of
the experience argument here.
Mr. Korge: Well, that is what I was going to get to, Mr. Mayor. The fact of
the matter is, the corporation means absolutely nothing. What matters here is
the fact that the requirement..,
Mayor Suarez: Which is not hat your client was saying at the last Commission
meeting, but...
Mr. Korge: The requirement is a minimum of two years experience. My client,
the fact that they were incorporated, where it is a sole proprietorship, or
some other entity that is doing business as a bus shelter company, it doesn't
matter where or when it was incorporated. What matters is, have then been in
business for more than two years. Do they have experience in the maintenance
and operation of bus benches. That's critical because this City does not want
to have shelter ads...
Mr. Plummer: You said benches.
Mr. Korge: I'm sorry, shelters... have two years experience in the operation
and maintenance of bus shelters. That's the qualification. It. was put in
there for a good reason because the City doesn't want to have someone who is
inexperienced, someone who just creates a company in the last minute, we can
pick five people here right now, we can start a new company to do bus shelters
in this City and that is why, as to the responsiveness, or bid was responsive.
I think the City Attorney has told you that it's defensible. He believes that
x
1
64 December 15,988?
c,
there is no legal basis by which they can win in court. We've agreed to
indemnify the City completely, if they were to sue and we believe that we are
a qualified bidder. To throw the bids out now would be unfair, arbitrary and
capricious. it would give the other side an unfair advantage, there is case
lav, which the City Attorney, I am sure is familiar with, that says that
although you can throw bids out, it must be for cause, and you can't throw
bids out now just so you can give the other bidder an unfair advantage to now
get the experience that he should have gotten to start with.
Mr. De Yurre: Chris, a question.
existence is not an issue...
Mr. Korge: That'■ correct, OK.
If we agree then that the corporate
Mr. De Yurre: OK, then we go to the expertise of the people doing the work.
Mr. Korge: That's correct.
Mr. De Yurre: If both companies are going to have people putting up the bus
shelters that have experience, if we get both companies that are getting the
marketing people to do the sale of the advertising that have experience, what
makes one different from the other if they both have experience?
Mr. Korge: Because the reason one is different than the other is simple. The
RFP was very clear. It said that the bidder, the bidder, not some third party
contractor had to have the minimum of two years experience, not in
advertising, but in the operation and maintenance of bus shelters. Mr.
Helfman has stated on the record before you and the Mayor pointed out that you
know, their experience in advertising is collateral and they've admitted, City
Ad has admitted in their own responses that they do not have the two years
experience in the maintenance and operation of bus shelters, as anything, as
companies or as individuals, all five of their individuals are advertising
executives. None of them have... their partners, none of them have experience
in bus shelters.
Mr. Plummer: You see, Mr. Mayor, I am getting back to the point I keep
driving home. We put out a set of bids. We put in there two years minimum
experience. That bid should not have even been considered. They did not meet
the specs. Now, I am not arguing in this case. If you put out specs and they
don't comply, then they are not a bidder.
Mayor Suarez: I think on either ground, we could decide to give it to the
group that just made the presentation, whether the other group didn't comply,
or whether this one simply is the better of one of the two. But let's hear
from the other one and let's make a decision.
Mr. Plummer: Well, Mr. Mayor, I disagree with you, excuse me. I disagree to
the point that either they complied with the specs, or they didn't.
Mayor Suarez: No, no, I am saying either of those arguments would be valid,
possibly, and either leads us to the same conclusion, but let's hear from the
group that's affected and let's get this over with.
Mr. Steve Helfman: Mr. Mayor and members of the Commission, my name is Steve
Helfman. I am an attorney with Fine Jacobson. I represent City Ads. I think
it is important to determine, because it is unclear to me whether City Ads is
being rejected, or not. Are they qualified, or are they not. In other words,
what we are saying...
Mr. Plummer: Exactly.
Mr. Helfman: I mean, are we qualified, or are we not?
Mr. Odio: You are not. '
Mr. Helfman: OK, then we got.'. and that's because we do not have'. -
Mr. Odio: You did not meet the requirement. r%
Mr. Helfman: OK.
Mr. Odio; (INAUDIBLE STATEMENT)
'65 peGamber .15'r �Q8.8 1� �q
A
Mr. Heitman: We've been rejected, OK?
Mr. Odio: Yes.
Mr. Helfman: Now, you've got one bidder. Now, you've got to play the same,
you've got to use the same rules. If that's the criteria, and it's going to
be rigidly applied, you've got to rigidly apply it to the other side. Here's
their certificate of incorporation from Delaware. The date is October 6,
1986.
Mayor Suarez: Let's see what the wording said, since we haven't put that on
the record, Steven. What is the wording of the RFP say on the point of the
two years? Did it say...
Mr. Helfman: It said the successful bidder must have...
Mayor Suarez: Let's see if we can read it.
Mr. Fernandez: The successful bidder must have a minimum of two years
experience in the installation and maintenance of bus shelters.
Mr. Helfman: OK, now...
Mr. Odio: The word is experience, Mr. Mayor.
Mayor Suarez: We'll decide which is the keyword?
Mr. Helfman: The company had not been in existence. They weren't
incorporated, they weren't born, if you think of it in terms of a person, so
they cannot have two years of experience. They are going to tell you that
they got another company called Shelter Advertising of Hialeah, that they got
an Ohio corporation called Shelter Advertising, Inc., that they have another
one called Shelter Advertising of...
Mayor Suarez: But you know the problem with your argument Steve, is that if
we applied to the Rouse Company, they would have had no experience to build a
$93,000,000 project because it was the Rouse Company of Baltimore, Maryland,
and this one is the Rouse Company of Miami, if I remember correctly.
Mr. Helfman: You have to apply the rules equally. If you are saying that my
company must be in existence and have that experience for two years, then you -
have to apply it to them. They have not had that experience. If they got
another company that has the experience, they should have applied with that
company.
Mr. Odio: Maybe we should get a translation what experience means, because
what I understand by experience is different than yours.
Mr. Helfman: You can't have experience if you don't exist. If you are not
born, you can't have experience.
Mr. Plummer: But they said they had had units here since 183.
Mayor Suarez: It's a slightly different corporate entity.
Mr. Helfman. Well, they are wrong, because they were incorporated in 1986.
He told you that he's been in business for five years, selling this, stuff.
How can that be when he didn't incorporate until 186?
Mr. Plummer: Well, you don't have to have a corporation to sell.
Mr. Helfman: The entity that's applied, Shelter Advertising, Inc. was not in
existence for two years.
Mayor Suarez: But the principals could have been without a corporation. Gq
ahead, finish your argument, I'm sorry. That's what Commissioner Plummer is
saying.
Mr. Helfman: They could have, but that's not the entity, then the principals
should have applied and been the bidder, but the bidder has not met that
requirement. If you are going to apply it to us, you have to apply it to 4
s
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December 15,
� r
them. Now, let's assume that both of us met that requirement, All this
Commission has to do, is determine who is giving more money to the City,
that's what this is all about. We have guaranteed more money to the City: by
over $33,000, we are paying the City more money. Under your code, you have an
obligation to award all contracts shall be awarded to the highest responsible
and responsive bidder. The highest one, that's ust That's us. You've heard,
unless we are being rejected, absolutely rejected, then we're the higher
bidder.
Mr. Plummer: No, you are the higher bid on the minimum. The potential is
also to be considered.
Mr. Helfman: No, that is not what is to be considered. You all are are...
Mr. Plummer: Why isn't it?
Mr. Helfmans OK.
Mr. Plummer: If one company can do $200, 000 and guarantee a minimum bid of
$100,000, the other one can do $700,000 and guarantee a minimum of...
Mr. Helfmans Here is one of the reasons. One of the reasons is that your
Manager has told you who he is going to give this contract to. He has told
you that the award will be made to the bidder guaranteeing the maximum revenue
to the City over a five year term.
Mr. Plummer: That's exactly what I'm saying, Steve.
Mr. Helfman: Yes, and that's who we are.
Mr. Plummer: Maximum, not minimum, maximum!
Mr. Helfman: That's us.
Mr. Plummer: You haven't guaranteed maximum, nobody guarantees maximum.
Mr. Helfman: Absolutely, yes, we did.
Mr. Plummer: Not maximum. No, you guaranteed minimum. Big difference! You
can't guarantee maximum, except by a percentage of what we get back in return.
Mr. Helfman: But that is not what he's saying he is awarding it on. Whoever
is guaranteeing the most money to the City over the five year term gets the
contract. That's us! That's us, we're paying you more money.
Mayor Suarez: Anything further?
Mr. Helfman: Yes, a couple of things. There are a few things that...
Mayor Suarez: Please resume, summarize.
Mr. Helfman: There are a few things that are significant to the whole process
and that is, that let me tell you that this bid package is shameful,
absolutely shameful. There are a list of City owned bus shelters that the
City said, we own, use they in calculating your revenues that don't even
exist. Thirty-three percent of the shelters that the City told the bidders
that the City owns and each bidder used to calculate his revenues, don't even
exist. They are not there. We went out to intersections, to the sites where
these shelters are supposed to be and they are not there.
Mr. Plummer: Well, that applies to both sides.
Mr.,Helfman: Of course it does, but the whole basis...
Mr. De Yurre: Excuse me, do you have a list of these shelters, City owned
shelters?
Mr. Helfmans I don't have the bid package in front of me, but they are.on the =!
back of the bid package. It says, these are the ones we have. Well.., ,
Mr. De Yurre: Who is in charge? Cesar.
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Mayor 5uareat Aft an observation, let toe just say, Mr. Manager, that it in
fact, they are right, that some of these locations are not available, it just
seems that whenever something is required by this Cbmmi8sion that involves a
City employee actually going out there, I am thinking of high level City
employees, actually going out there, going and counting shelters or looking it
locations and doing a very simple inventory of 54 locations that it seems to
be a very difficult process to get someone to do, and that's not the way it
should be done. How is that not the case, Don?
Mr. Don Cathger: In the contract, in the bid proposal, exhibit y "A" shows a
list of
o the best of
believe at the tid bus me the ter idl proposallocations
went out, tthose shelt r werenowledge I
there. I '
have not verified, it is the first time I've heard about it, whether they are
there or not.
Mr. De Yurre: Who controls that?
1,a
Mr. Odio: They were there and the County, after that list was made, came
around and removed some of them.
Mr. De Yurre: When did they remove them?
Mr. Odio: I don't have specific dates, however they did remove some, Dade
County.
Mr. De Yurre: Well, in the last year, the last five years?
Mayor Suarez: Please be sure that the locations are there before we...
Mr. Odio: We were sure, Mr. Mayor, they were there when we did. the RFP, and
the County after..
'Mayor Suarez: You are saying theydisappeared between the time of the RFP and
the time of the...
Mr. Odio:. The County came by and removed some of those..`:
Mr. De Yurre: Mr. Cather..
F Mayor Suarez: I believe in the tooth fairy and...,
Mr. De Yurre: ...,when was the last time that we checked those 54 shelters?"_
r.:
`that we knew for a fact that they exist and they were .on site?
Mr. Cather: Around August 25th.
Mr. De Yurre: Of what year?
1." Mr. Cather:- 1988.
Mr. De Yurre: August 25?`
Mayor Suarez: Would this determination, Mr. Manager, :assuming your 'figures
are right, affect in any way your recommendation? Please` put.., that -on the
record.°
f Mr. Odio: I don't believe so`.
' Mr. Cather: I'd say around August. ^ ,
Mr. ,Odio: That has nothing -to do with our organization.: r} .
Mr.' De Yurre: You had somebody go out there physically ,and check
'4 fY.y
shelters?V.
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1 Mr. Cather: As far as I.know, yes.
' Mr. De Yurre: OK, get me the name of that person and get him here today. 5rr4.
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Dawkins: Mr. Mayor. T
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Mayor Suarez Yes, Commissioner.
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Mv„d,..e i Ta-Fk ;,: :s
Mr. Dawkins: I have to be in Port Lauderdale and I'll be back here by 2:00
p.m. I like both groups, I am a firm believer in seeing the minorities
getting involved in business in the City of Miami, but I also have to go along
with my City Attorney, my Manager, because that's what we pay them for.
Either way we go is going to end up in court. I vote with the Manager's
recommendation, if that is the vote, I vote yes. If the vote is against the
Manager's recommendation, then I would like for my vote to be registered no,
because I do have to leave.
Mayor Suarez: OK, any last thing before the Commissioner has to leave, so we
can have a full Commission on this item?
Mr. Helfman: Yes, absolutely.
Mr. De Yurre: Well, let me finish here. Cather, 2:00 o'clock, get me the
person that was out there and checked all 54 sites.
Mr. Cather: If he is available, I'll have him here.
Mr. De Yurre: Well, make sure he is available.
Mayor Suarez: Well, if he exists, he'll have him here is what he is saying.
Mr. De Yurre: Make sure he is available, Cesar.
Mayor Suarez: Otherwise, I guarantee you that there is a metaphysical problem
with bringing him here.
Mr. De Yurre: OK, Cesar, make sure that he finds that person and get's him
here at 2:00 o'clock.
Mayor Suarez: And if not, the Commissioner would like to know that such a
person doesn't exist.
Mr. De Yurre: And if doesn't exist, put it on the record that there is no
such person.
Mayor Suarez: Right, that's exactly what...
Mr. De Yurre: OK? I don't want no B.S.'ing here. OK, let's make it clear.
Mr. Odio: It's no B.S. but the person could be on vacation somewhere.
Mayor Suarez: Let's not speculate. Let him find out. Please finish,
counselor.
Mr. Helfman: If I may, very quickly, and it's important for the record.
Shelter Advertising does not build what you want. Shelter Advertising came
back with a bid that said that we don't make the shelters you want. And you
know, everybody laughs. They say it is two inches, it is an arm rest, the
roof panels are different. Let me tell you why it is significant. It is very
significant, because it puts them at a tremendous advantage in the bidding
process. They already manufacture this thing, so they have a tremendous
advantage over somebody who has to go out and make it for the City's
specification. When a bid criteria puts that advantage as their own letter
states, put's a substantial advantage on one side, it is improper, and that's
�. what the story is here. In other words, if they can give you what they make,
I sure they can meet those numbers, but if they have got to meet the
E requirements of yours, they can't because they have to manufacture those
things. It is a whole different story. That's why it is significant that
C� they meet your criteria and finally, let me tell you that the bid package had
l} a contract in it and the contract as it came back from Shelter Advertising
says now that they are not going to deed the bus shelters to you as required
by the specification. That is a substantial difference, that they are not
� going to clean the areas surrounding the bus bench shelters as required by the
invitation.
Mayor Suarez: Well, I'm sure we will get whatever legal document we need,
we'll show that we have possession of that, whether it is a deed or a document :y
of transferal of personal property, whatever we need. I'm sure.
•ry
r �x
69 ecbmher 15 190
Mr. Relfman: Let me just finish. that the City will no longer have the
option to extend the contract, that it will be automatically renewable, OK?
That's what their terms are, and that they are only going to put in 200
shelters when the contract calls for 1,000. These are from significant,
substantial changes from what you went out with and what they are coming back
with today.
Mayor Suarez: I thought you were telling us there is only 54 sites? What are
we talking about, 1,000 now?
Mr. Helfman: That's what the contract calls for. No, those are the City
owned sites, the 54. The contract calls for 1,000. They are coming back and
saying we are going to give you 200. What they are giving you is
significantly different than what you went out for. Now, what you went out
for may not have been proper, but it's different. It is a totally different
package.
Mayor Suarez: OK, thank you counselor, I don't suggest you even say anything.
Let me say for myself the one group of persons that no one has mentioned here
today...
Mr. Helfman: Are the advertisers.
Mayor Suarez: No, not, the hell, with the advertisers... are the people that
need to have a shelter. We've been battling to get this done for three years.
People are standing in the rain, they are getting, you know, standing in the
sun in the City of Miami which probably far more sun exposure than any other
City in the United States. For three years we've been trying to get to this
point and I am ready to move on it, because I want those people to get a
shelter and get it for free and if we can make a little money on the side,
that's all the better, but I want the people to be sheltered. So any further
discussion from the Commission? You have a motion, Commissioner? Did you
move the recommendation? As much as I like the other group, I have to go
along with the Manager. I move the Manager's recommendation because they are
the ones that have got to defend this in court.
Mr. Plummer: Second.
Mayor Suarez; Moved and seconded. Any further discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1169
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY
MANAGER'S RECOMMENDATION AND ACCEPTING THE PROPOSAL OF
SHELTER ADVERTISING OF AMERICA, INC. FOR FURNISHING,
INSTALLING AND MAINTAINING BUS SHELTERS WITHIN THE
CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SAID FIRM IN SUBSTANTIALLY
THE FORM ATTACHED HERETO.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: The motion is
Shelter Advertising.
f
i
to accept the recommendation of the Manager,
x
70 December
Mr. Helfman: Let toe just finish. That the City will no longer have the
Option to extend the contract, that it will be automatically renewable, Ott?
That's what their terms are, and that they are only going to put in 200
shelters when the contract calls for 1,000. These are from significant,
substantial changes from what you went out with and what they are corning back
with today.
Mayor Suarers I thought you were tailing us there is only 54 sites? What are
we talking about, 1,000 now?
Mr. Helfmans That's what the contract calls for. No, those are the City
owned sites, the 54. The contract calls for 1,000. They are coming back and
saying we are going to give you 200. What they are giving you is
significantly different than what you went out for. Nov, what you went out
for may not have been proper, but it's different. It is a totally different
package.
Mayor Suarez: OK, thank you counselor, I don't suggest you even say anything.
Let me say for myself the one group of persons that no one has mentioned here
today...
Mr. Helfman: Are the advertisers.
Mayor Suarez: No, not, the hell, with the advertisers... are the people that
need to have a shelter. We've been battling to get this done for three years.
People are standing in the rain, they are getting, you know, standing in the
sun in the City of Miami which probably far more sun exposure than any other
City in the United States. For three years we've been trying to get to this
point and I am ready to move on it, because I want those people to get a
shelter and get it for free and if we can make a little money on the side,
that's all the better, but I want the people to be sheltered. So any further
discussion from the Commission? You have a motion, Commissioner? Did you
move the recommendation? As much as I like the other group, I have to go
along with the Manager. I move the Manager's recommendation because they are
' the ones that have got to defend this in court.
Mr. Plummer: Second.
Mayor Suarez; Moved and seconded. Any further discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-1169
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY
MANAGER'S RECOMMENDATION AND ACCEPTING THE PROPOSAL OF
SHELTER ADVERTISING OF AMERICA, INC. FOR FURNISHING,
INSTALLING AND MAINTAINING BUS SHELTERS WITHIN THE
CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SAID FIRM IN SUBSTANTIALLY
THE FORM ATTACHED HERETO.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
COMMENTS MADE AFTER ROLL CALLt
Mayor Suarezt You should tell your client that you have done about as good a
job with a tough case as anyone could possibly do. It's a tough one you had
there.
M-_-.....------- ---------+---------------------------...._�____ __---_
23. FIRST READING ORDINANCEt Amend Code 39-12.1 - reduce required liability
insurance for street vendors (see label 28).
Mayor Suarez: OK, item 33. vendor ordinances. What is the story on this?
Are we ready to vote on the insurance requirement? Have we come up with the
recommended figure? Is that what...
Mr. Fernandez: Yes, I believe that Vice Mayor De Yurre has the lead on this.
We have met with the vendors. We have researched, there is presently a
moratorium, which actually expired two or three days ago on imposing, or
enforcing, rather the insurance requirement of the vendor's ordinance. The
Law Department, or the claims division of the Law Department has researched
this area and the amount right now is $750,000 liability insurance required.
If the individuals were to obtain this type of coverage, it would cost them in
excess of $800, $900, or perhaps more. We have researched the area and if
they are able to get together, group together, we have discovered that there
are underwriters out there that are willing to write a liability insurance
policy that will be acceptable to the City at a considerably reduced premium,
I believe, $130, $140 a year, providing the City the kind of protection that
we need that we want, that was intended when we passed the ordinance.
Mayor Suarez: But you are asking people who are in some competition with one
another to get together as to insurance to form an effective cooperative.
That's not the easiest thing in the world.
Mr. Fernandez: Well, we are not asking that. What we are suggesting is that
perhaps to allow them more time to see if they can't get themselves together.
Mayor Suarez: What claims,.if any have you found resulting from one of these?
In your research did you find any instances?
Mr. Fernandez: We have no history in the City of Miami.
NOTE FOR THE RECORD: Commissioner Dawkins left the meeting at
11:45 A.M.
Mayor Suarez: OK, that hadn't changed from the last time you.gave us that
opinion, there has been no...
Mr. Fernandez: No, that's right. That was...
Mayor Suarez: At least as it affects our liability now. If it affects their.
liability, I might...
Mr. Fernandez: Right, exactly.
Mr. Plummer. Question. It is my understanding that presently :the; County
requires $300,000 insurance.
Mr. Fernandez: We believe no. Where is Mr. Perez?
Mr. Segundo Perez: I'm Segundo Perez, insurance coordinator for the:Gity,. My
information says no, at the present time, there is no., requirements in Dade rf
County.
Mr, Plummer: That is not what one of,the vendors said, that•they.had;to hays
$300,000 liability from the County. 'r
71 December 1$, 19$8 xh'
3
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Mr. Perez: With all due respect, I have also received information from
vendors that $150,000 worth of insurance will cost almost $2,000 and my
research does not give me that Item.
Mr. Plummers Well, you know, obviously, you didn't do any research because we
had here a black vendor from Coconut Grove who told us that $1,000,000 worth
of insurance, he had had a quote of $512.
Mr. Perez: If you wish, I could...
Mr. Plummer: No, excuse me, it is immaterial. The point is, my
understanding, the County requires a liability policy. They have to have it.
I mean, it makes sense. It makes sense, and here we are requiring nothing,
yet we are giving them permission as such to exist on public right-of-way.
Any other case that we have had, am not correct in stating, that we uniformly
require $1,000,000 of liability from use of public right-of-way.
Mr. Fernandez: That's correct.
Mayor Suarez: Yes, I think in mostly of events that they...
Mr. Plummer: No, no, I am talking about anything like the cafes in the Grove.
Mayor Suarez: Oh, you mean like when we contract with none profit
associations and so on, yes.
Mr. Plummer: Now, if they have had no claims or no reports of claims, where
are you getting these numbers that are now ranging from $700 to $800 to
$$2,0007
Mayor Suarez: We agree that, I gather the initial arguments that they should
have some insurance coverage. I think all of the vendors agree that some
insurance coverage is reasonable for the City to demand. What does the
Commission want to... I mean, we are not going to agree on what the cost is
going to be here today. It is impossible. Everybody has got different
quotes.
Mr. De Yurre: Mr. Mayor, if I may.
Mayor Suarez: Yes, Vice Mayor.
Mr. De Yurre: I've been working with them. I think that Segundo has done a
good job. The City Attorney's office has done a good job and J.L., research
has been done. I've seen the proposals and it runs pretty hefty for these
individuals to have the coverage. What we have come up with, and which is
what I am recommending, is that the seven -fifty that we suggested and was
passed by this Commission, if they get together as a group, if they would only
have to pay approximately $130, $135 annually, which is something that I feel
that they can live with, which is something that they feel that they can live
with. Now, my only concern is that they need to get about 80 percent of the
group into that insurance company to get the package.
Mrs. Kennedy: A pool and do it collectively.
Mr. De Yurre: Collectively.
Mrs. Kennedy: Right, yes, I have no problems with that.
Mr. De Yurre: See, what I would suggest is that we extend the moratorium that
we have for an additional 45 days within which they can all get organized and
apply with the insurance company they select and to come under the ordinance.
Then we can trigger it in 45 days and by that time, they should all have
complied and be in line to provide the adequate protection that we required.
Mr. Plummer: Victor, my only concern still remains the same. What happens if
a claim is registered within that 45 days? We are defenseless!
>>
Mr. De Yurre: Well, J.L., we have to go, you know, with what we have done, so
far we don't have any on record, any claims. I understand anything can
happen, but yet, you know, I think that it is the way to go at this point in
^'
time.
{
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72 d. .:December, 15' a9$@
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,4S
Mayor Suarez: OK, 1 am going to make a motion. 1 am going to move that the
amount be set at what is now the City's sovereign immunity limits for related
incidents, which is $200,000, and 1 so move.
Mr. De Yurre: What kind of price differential are we talking about?
Mr. Perez: We have...
Mrs. Kennedy: For purposes of discussion then, let me second that motion.
Mr. De Yurre: Go ahead.
Mr. Perez: We have at the present time a cost of insurance for the $750,000,
where they are to go into an association, or individually, at $257 going
individually, or they can also go into the association for $149. There is a
minimum premium of $400, but the vendors can associate, let's say, three
carts.
Mr. De Yurre: Segundo, what I want you to address is, what is the price
differential between the $750,000 that we are discussing here and the
approximately the $200,000 that the Mayor is suggesting?
Mr. Perez: The cost of $200,000 which has to be written as $100,000 and
$200,000, costs $90.
Mr. De Yurre: So it is a difference between $90 and $130.
Mr. Plummer: Yes, but you know...
Mr. Perez: That is on the first... if I may give it with a notation, that is
on the first review that was done on this issue.
Mr. Plummer: We are missing something here, OV
Mr. Perez: We have not...
Mr. Plummer: We are missing something and I'm sorry. I'm in business and I
don't get to negotiate what my insurance is going to cost, I pay itl I don't
get to negotiate what my Workmens' Comp is. It is a normal cost of doing
business. Now, these people are doing business on City public right-of-way.
They are not paying any ad valorem tax, as I have to do as an owner of a
business. Yet, if they get into trouble, they are going to call a policeman.
If there was a fire, they are going to call the Fire Department and they are
looking to sanitation to pick up any of the trash that would surrounded. Now,
I'm saying to you, if they are going to use public right-of-way as all other
people who have contracts with this City to do such, have normal obligations,
just that simplel I can't for the life of me, understand why we are not
expecting from them, the same fairness that we expect from others, because I
am going to tell you something, if you reduce it for them, I am going to make
a motion before this Commission to go back and reduce it for all of the people
in the Grove to make it uniform. There has got to be fairness and equity
applied.
Mayor Suarez: I second that motion. Let's begin reducing some of these
insurance requirements, it is driving people out of business throughout the
City.
Mr. Plummer: Mr. Mayor, it is a matter, you know, as far as I am concerned,
and I said it before and I am going to say it again, these people in the
vendors are in competition with businesses. They are in competition with
theml
Mayor Suarez: Yes, but we don't... when we do...
Mr. Plummer: Yet, it is an unfair competition...
Mayor Suarez: an occupational license, we don't require that they show
insurance coverage for a business.
Mr. Plummer: There is no requirement that says they have to show liability:...
Mayor Suarez:
And that's the only point at which we supervise.
73
f u
a
Mr, plum mers Mr. Mayor...
Mayor guarers It's their business, Commissioner, unless i AM wrong. Nov,
sometimes when we do something that the City sponsors, like closing off
streets, or when we deal with non profit agencies that are giving services to
people, we do require it.
Mr. Plummer.- You are giving these permission to use profit property. Now, my
point is, is the fact that these people do not have a fair and equitable
competition with the private sector who does provide. They don't...
Mayor Suarez.- But we don't require them to provide. Let me do this, I'll
withdraw my motion and move $300,000.
Unidentified Speakers Mr. Mayor.
Mr. De Yurres Rosario. You are going to make it $300,000? Are you
seconding?
Mrs. Kennedy: Yes.
Mr. De Yurres OK, any further discussion?
Mr. Plummer: The only other discussion I have,
when is the rest of the
ordinance coming up?
Mr. Fernandez: The only thing that is pending today for consideration... the
ordinance already in effect.
'
Mr. Plummer: The ordinance is in effect.
Mr. Fernandez: Oh, certainly it is
Mr. Plummer: OK.
Mr. Fernandez: Certainly it is.
Mr. De Yurre: And does that motion, Mr.Mayor, contain.'the
45'day moratorium
for them to come into play?
'Yc
Mayor Suarez: 'Yes, that's. fine.
'
Mr. De Yurre: OK,- we.have have a . first and a second.
If;. ou 11 ,call the': roll`, `
Y '
please.
Mr. Fernandez: Let me get this clear, just a:second now; Vice Mayor: Ve are ;
looking at two things. We are looking: to -am end .';the
.exist: ng..ordinance to h
reduce from $750,000 to...
Mr. De,Yurre: To $300,000. -
Mr. Fernandez: To $300,000.
p�
Mr. De Yurre: We are extending the moratorium in',
additional, 45:days
which...
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Mr. Fernandez: Would you take those as two separate motions, if,' you would Ycr
ryq
please, because the second one of the moratorium requires the separate
ordinance.
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Mayor Suarez: OK, no, I'll remove the first motion on the liability
insurance requirement to $300,0.00 by itself.
.sending
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Mr, Fernandez: Please.
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Mrs. Kennedy: And Imecond that motion,
.'
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Mr. Plummer: .And I ask a further. question. One, of
the -other.-:thipgs. that
left up in the air, at the time, which was .going
to be discussed by
, .
`yf
Commission, was a return of a percentage of revenue
to the City,
l't FY 3 -
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.e��--�_,_..t .�_» 1t .. ... ^,,,y.__. ,1. �1_�sen;:,5r ..-,«ems t"• $*"i ,..M i ..t_'"d t:„_i,:i�'LF.d...ai'i ,...e 73....5a°:- .i .h„_ 3.L:.c� 1'�,� x4:�t".'.F {��l.�, iF'i - _ -
Mt. Plummert Nov, *here does that come from?
Mr. Fernandez: We have gotten together a task force of mill the City
departments that have a stake in this issue. We're meeting and we are coming
up with a proposed plan for you to consider on how to get some return to the
City from their business.
Mr. Plummert Well, isn't most all of the present City contract based on net
or gross?
Mr. Fernandez: Yes.
Mr. Plummer: OK, that's all I am asking.
Unidentified Speaker No. 1: May we say something, may we say something?
Mayor Suarez: No, no, we are not acting on that today, we are not acting on
that today, please, and it is just going to...
Unidentified Speaker No. 1: Yes, but it is going to be in the future, we'd
like to talk)
Mayor Suarez: Well, unfortunately, you are going to have to come back and...
Unidentified Speaker No. 1: You are reaching into our pockets, so we'd like
to talk)
Mayor Suarez: There is no indication the Commission is going to decide that,
just...
Mr. Plummer: All I am saying to you is, if you are using public properties,
i. the public has a right of return.- That's...
Unidentified Speaker No. 2: But they are ::getting a return for the. license '
fees.
Mr. Plummer: Every business pays an occupational license "fee.
Unidentified Speaker No. 1: Yes,-but'not as much as we `pay. {
Unidentified Speaker No. 2: $315 a year?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr.' Plummer: I pay over $500 in occupational licenses.
Unidentified Speaker No. 1• p Yes, but you can't compare your business with
ours.
T
Mr. Plummer: I didn't say that I was. I am saying I don't use public
property.
Mayor Suarez: Let me tell all of you that I am prepared to make a motion that r
we disconsider that concept and if you want it voted on today, but I think In
fairness to the Commissioner, the Commissioner has put that into the normal jF
process of staff consideration. When it comes back, believe me, I am not
F` going to vote in favor of that. Y`
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ;i 4
kfid Mayor Suarez: Sir, I am not chairman of this Commission at this point, the Y3;
r, Vice Mayor is, but you can't speak out of turn, none of you, and you 'can! t yrti',
Fs threaten Commissioners, you have to just accept` what decisions we`makex
E h
otherwise you are just going to go counter- to your own interests.
Mr. De Yurre s OK, please call the roll. `t r
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xr Mr. Fernandez: No, I have to first read that ordinance,Vice Mayor, "ru�
NO
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MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER
KENNEDY, TO PASS AS AN EMERGENCY ORDINANCE AMENDING CITY CODE
SECTION 39=12.1 TO REDUCE REQUIRED LIABILITY INSURANCE FROM
$7SO,000 TO $300,000 WAS DEFEATED BY THE FOLLOWING VOTE OF THE
CITY COMMISSION:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins.
Mr. Fernandez: Then to your second motion.
Mr. Plummer: You got the 45 day...
Mr. De Yurre: We need a first and a second on
the...
Ms. Hirai: It is an emergency, Mr. ...
Mr. Plummer: You got the 45 day moratorium.
Mayor Suarez: On the moratorium, we have to move.
Ms. Hirai: It calls for four -fifths.
Mr. Fernandez: No, it is second reading.
Ms. Hirai: Yes, it calls for four -fifths. Is
is an emergency ordinance. j
Mayor Suarez: Well, it is the best we can'do
then, if that would have to be
turned into a first reading of the ordinance,
but we don't have an ordinance
pending right now, because we have a moratorium on the existence one; so`I
guess it doesn't change anything. First reading, but we need to take another
vote.
Mr. Fernandez:. OK, let me read it again then,
as first reading. t
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CITY CODE SECTION 39-12.1
REDUCING THE REQUIRED LIABILITY INSURANCE FROM
`
$750,000 TO $300,000, CONTAINING A
,m.
REPEALER PROVISION 4«
AND A SEVERABILITY CLAUSE.:
Was introduced by Mayor Suarez and seconded by Commissioner Kennedy and
z
was passed on its first reading by title by the
following vote::`4
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AYES: Commissioner Rosario Kennedy
;
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
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NOES:. Commissioner J. L. Plummer, Jr.
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ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance
into the public record and r
4`
announced that copies were available to the members of�the City'Commission and
to the public.
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Mr. De Yurre: Now I need a motion...'
Mr. Plummer; On the moratorium.11
4 c3 taF:1 , � €
;De.Yurret ,.. on the moratorium, 45;day.,:'��
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Dace bey 11 ryI/ykk {�l
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Uhidsntif ied Speaker No. It Commissioner, may I say something before it is...
ono, it is aomething, information.
Mayor Suarez: I wouldn't suggest it, you've got momentum on your side and...
Mr. Plummer: When you are a winner, quit.
Mayor Suarez: Do we have a motion on the 45 day moratorium? Did I move it?
Unidentified Speaker No. 1: No, no, it is for a press release.
Mayor Suarez: No, no, you do that with the media, you don't do it here in the
Commission. OK.
Mr. De Yurre: I'll move that 45 day. Does this come in an emergency type
situation?
Mrs. Kennedy: Second.
Mr. Fernandez: This will be an emergency.
Mayor Suarez: An extension of a moratorium is an emergency. If it doesn't
get passed, then we are back to status quo, which is the moratorium.
Mr. Fernandez: No, because the moratorium already expired. It is a 45...
Mayor Suarez: But it will run quicker.
Mr. Fernandez: ... it expired.
Mayor Suarez: Therefore then it will be imposed, Commissioner Plummer, so
when you consider your vote. OK, understood?
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
MOTION DEFEATED
MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY.
COMMISSIONER KENNEDY TO PASS AS EMERGENCY ORDINANCE TO EXTEND A
MORATORIUM ON VENDOR'S INSURANCE FOR 45 DAYS WAS DEFEATED BY THE
FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
`.
'.,
ABSENT: Commissioner Miller J. Dawkins
F _
Mayor Suarez: Unfortunately that doesn't pass. You do have a requirement
F;
until the second ordinance is passed.
Mr.De Yurre: Mr. Mayor, can we reconsider this at 2:30 p.m. when
Commissioner Dawkins is here?
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Mayor Suarez: Yes, absolutely. You may have to come back at 2:30 p.m. if you
frrl'
?
.want to have another shot at the apple here, another bite of the, apple.
- presume you want to argue in favor of what we have just done?
ffx
Mr. De Yurre: He is an insurance agent.
5
Mayor Suarez: An insurance agent! I guess we are missing one party in all of
fr<..
this. You know, I can't imagine that we'd change our vote in an wa
Y y,
You want to put your name on the record and tell us what you were going to
tfr
tell us on this, very briefly?
,
Mr. Joseph Baum: My name is Joseph Baum, I'm president of Diversified
Y�
stock Insurance, Inc. We have a firm, written commitment -from' an insurance
company to provide $1,OOO,OOO worth of iability insurance at -the rate of $1`g
k
per cart per year.
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77,December
Mr. Plummer: Why are we then reducing it to $100,0001
Mayor Suarez: A minimum of how many vendors?
Mr. Baum: The minimum policy premium is $400 per year. If the vendor...
Mayor Suarez: A minimum of how many Mould have to participate in that what
appears to be a collective policy?
Mr. Baum: If they were to participate in a collective policy, they would have
to have at least three vendors. We can offer it either to their association
at the...
Mayor Suarez: And how is it one hundred twenty-five and has a $400 minimum,
what does that mean?
Mr. Plummer: No, I want to ask a question. This gentlemen from the City
Attorney's office just said that $750,000 was going to be around $2,000 per
cart. Now, you are stating as an insurance agent that you've got a company to
write $1,000,000 for a hundred and how much?
Mr. Baum: $135 per...
Mr. Segundo Perez: Excuse me, Commissioner Plummer, if I may correct you,
respectfully, sir.
Mr. Plummer: Yes, no, correct somebody, because something is wrong.
Mr. Perez: That was a reference as to when you stated that it is a
requirement of insurance from the County and you had received that information
from one of the vendors and I stated to you that I have also received
information from vendors that $750,000 would cost $2,000 and that I do have
information to the contrary. That was only an example, sir.
Mr. Plummer: In other words, you went on the... you didn't do any research,
you just took their word for it.
Mr. Perez: No sir, I have done research on this..
Mr. Plummer: Well, here is research that says that your figure is completely
out of line.
Mr. Perez: Sir, excuse me, if I may clarify again, $2,000 was only an example
of an answer to your using a vendor's information for saying that the County
has insurance. And I said that I have also received information from vendors
that it would cost $2,000 for $750,000.
Mayor Suarez: He gave us the figures similar to his. When we asked him about
the collective plan, he gave us figures.
Mr. Perez: But, $750,000...
Mr. Plummer: Mr. Mayor, we have just reduced it from $750,000 to $300,000 and
we were asking for $1,000,000, and this man is telling us it is less than
fifty cents a day. Now, something is not even in the picture!
Mayor Suarez: Those are exactly the figures that he gave us before, was one
hundred twenty some dollars per operator, $400 minimum...
Mr. Plummer: But that was based on how much money, the liability.
,fix
Mayor Suarez: On $750,000. It is not going to change that much from $750,000`
to $1,000,000.
�1
3 1wi
Mr. Plummer: And yet this man is telling us he will give us $1,000,000, or
give them, not us, $1,000,000 for one hundred and thirty some. Why did we
1'-g
reduce it to $300,000?
1:
Mayor Suarez: It is not going to change that much from $750,000 to
$1,000,000, because there are no claims and because by the time you get .to
174
4'
that figure, the insurance company will give you an umbrella policy for almost
s
no money.
r�
70 December 15 Q
7 #
Mr.
Plumeert I
hope the
day
never ceeea that a eiaiM is filed against this
City
that I got
to remind
you.
So be it.
Mayor Suarez: All right, thank you, sir, you might have just dons yourself
some good advertising, because it sounds like you are giving the lowest rates
of anybody.
Mr. Plummert This is the number that we heard before. `.
Mayor Suarez: No, no, I mean it might of helped him with these people and...
all right, anything further on this item?
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 1206 P.M. AND RECONVENED AT 2t20 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
-------------------------------------------------------
NOTE FOR THE RECORD: PZ-4 WAS WITHDRAWN BY THE ADMINISTRATION.
-------------------------------------------------------
24. JOSE MARTI PARADE: authorize street closures, as requested by BIPRISA,
subject to appropriate permits.
Mayor Suarez: Commissioner De Yurre, you wanted to make an announcement?
Mr. De Yurre: Yes, I'd like to bring this up as an emergency item. BIPRISA,
which is the association of private bilingual schools, has their annual parade
coming up January 27th and they wanted to get an OK from the Commission for
the usual street closures that they have and I am sure we have somewhere...
Mayor Suarez: Is that the same as every other year, Mr. Manager, do you have
any problems with that? OK,.I'll entertain that in the form of a motion.
Mr. Dawkins: Move it.
Mr. De Yurre: OK.
v
y
Mayor Suarez: Moved and seconded, call.the roll.
,.. Mr. De Yurre: And also somewhere in here, we also assist them with figure of
up to about $4, 000 in the process that I'll leave that in the hands of the =f{
' City Manager to workout, since it is below the $4,500, at his discretion.
Mayor Suarez: And leave it within his discretion.
i
x Mr. De Yurre: Yes.:
S r i`x
Mayor Suarez: OK, he has that discretion, but I am' not making a fso¢
recommendation on it right now without hearing more.
ie d f , &
Mr. De Yurre: No, no, I . am just letting you know that they y are going'{ to be
addressing him on that issue.
Mayor Suarez: That's his discretion and I haven't heard any of the
i presentation, right. OK, call the. roll on the closure of the streets.
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nr. me Yurre: zou xnow, wnat my concern is* now co,we,rely on.zne VounLy LO
26. A. POSITIVE THOUGHT INC, (continued discussion): Reconsider
prior vote deferring proposed execution of agreemment.
E. Execute agreement with Positive Thought Enterprises, Inc. to provide
management and professionalism training (see label 11).
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Mr. Vice Mayor, would you chair as I move to reconsider item
20. This was the one that I had pulled this morning. It had to do with a
contract that needed to be awarded. I did not know a variety of things about
the individual who was being recommended to handle this...
Mr. De Yurre: We have a second for a reconsideration?
Mr. Plummer: Second.
Mrs. Kennedy: Second.
Mr. De Yurre: OK. Roll call.
Mr. De Yurre: Are moving on it?
Mayor Suarez: I'll move it, yes.
Mr. De Yurre: Second?
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mr. De Yurre: OK, I have a first and second. Any other comment, discussion?
Call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 88-1171
s ;
A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM
NO. 20, WHICH HAD BEEN DEFERRED TO THE JANUARY MEETING
(THE PROPOSED EXECUTIVE OF A PROFESSIONAL SERVICES
AGREEMENT WITH "POSITIVE THOUGHT ENTERPRISES, INC." TO
PROVIDE MANAGEMENT AND PROFESSION TRAINING TO CITY
'
PERSONNEL)
'
(NOTE: THIS ITEM WAS IMMEDIATELY PASSED AND ADOPTED
BY R 88-1172.)
;.
Upon being seconded by Commissioner Plummer, the motion was passed and
r
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
7
Commissioner Rosario Kennedy
j
Commissioner Miller Dawkins
k
j!
Vice Mayor Victor De Yurre
z'
Mayor Xavier L. Suarez
'
NOES: None.
{
ABSENT: None.
ry ti
Mayor Suarez: I'm informed, Mr. Manager, that the contracted which is apart
of item 20 and recommended that item 20 is, in fact, recommended by
you, the
individual was doing that service up December 31 of the prior year
and he's
been waiting for almost an entire year for us to go through the process again
and that once again, engage his services on that. Is that
correct
.a
statement?
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Mr. Odio: Use, air.
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82
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Mayor Suaret: That's all I needed to hear, I've had a complete briefing on
that during lunch time, I'm ready to dote on it.
Mr. De Yurret Are you moving on it?
Mayor Suarett I'll move it, yes.
Mr. De Yurre: Second?
Mrs. Kennedy: Second.
Mr. De Yurre: OK, I have a first and second. Any other comment, discussion?
Call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 88-1172
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE
FORM ATTACHED, WITH POSITIVE THOUGHT ENTERPRISES,
INC., FOR THE PURPOSE OF PROVIDING MANAGEMENT AND
PROFESSIONALISM TRAINING AT A COST NOT TO EXCEED
$50,000 WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez ..
k
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, Mayor Suarez announced `that item 86
had been withdrawn.
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17. A. Al.g'RED I. DUpoNT BUILDING.- Refer back to City Manager two existing
reports containing conflicting recommendations regarding proposed
acquisition of said building to be used as the new City of Miami
administration building - direct Manager to refer both reports to City's
financial consultant for independent review and analysis.
B. Direct Manager to complete proposed feasibility study in connection
with either: (a) building a new City of Miami administration building,
(b) leasing an existing building for use by the City, or (c) having
private sources build a new building on City land with the intention of
leasing it back to the City.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: If I could to try to shorten to try to shorten this agenda,
we've all seen the reports from the Dupont Building, possible reports, just
let me put it that way. There is conflicts in both reports. I would like to
ask at this particular time, that both of those reports be taken to our
financial consultant to let him go over and give us an independent review and
come back since there seems to be some discrepancies in the two reports.
Mayor Suarez: I understand you that that would be within his contract for
compensation, no additional...
Mr. Plummer: Exactly.
Mayor Suarez: All right.
Mr. Plummer: Exactly, so...
Mr.
Dawkins:
Hold it,
no I move that we hear it and that I'm the one who sat
up
here and
said that
we didn't need it, so I need to know what you're going
to
give the
consultant
to do.
Mr. Plummer: Well, very simply, my...
Mr. Dawkins: OK.
Mr. Plummer: ... my brother.
Mr. Dawkins: All right.
Mr. Plummer: Blue brother.
_ Mr. Dawkins: Yes, sir, go ahead.
i
Mr. Plummer: Very simply, if you read the two reports which one was done in
house and one was done out of house, there are conflicts, if that could be a
proper terminology, between the two reports as to cost and to all matters
relating. It is my understanding that the owner of the building presently,
f if, in fact, there are any costs incurred in doing the analysis, that they
would pay for it. I would hope we could keep it as an independent and not
have anyone pay for it except the City under its contract with the consultant
to come back and say, OK, this side and that side, here's what I, as the
independent say, so that we can get a true picture.
Mr. Dawkins: The only problem I have with that, Commissioner Plummer, is
is
! staff did it in house and it didn't cost the City no money. The other
individuals did it and it didn't cost us any money. Now, all of a sudden,
we're going to be benevolent and hire a consultant and pay a consultant to
rehash what we have already written.
Mr. Plummer: Commissioner Dawkins, the...
s
Mr. Dawkins: Now, maybe up here, maybe up here, I donit know.
�}G 84 December 15, .1988
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Mr. plur inert The owner of the property has offered to pay for that
independent without designating who it were to be.
Mr. Dawkinst Ok,
Mr. Plummert go, it would still cost the City no money.
Mr. Dawkins t All I'm saying is, the owner of the building has a vested t
Interest,
Mr. Plummer: No, no, no. It would be done.:.
1
Mr. Dawkins: Of course the owner of the building will pay for somebody to r
show me that his building is my better deal.
Mr. Plummer:
It In...
Mayor Suarezt I'll short cut this. If what you're saying, Commissioner
Dawkins, is
that regardless of what that expert says, you're probably not
going to be in favor of this acquisition. I can tell you that I agree with
that. If he
wants to give another report to us, it's not going
to cost us
anything.
Mrs. Kennedy:
I second the deferment.
Mr. De Yurre:
Well, do we select...
Mr. Plummer:
It would be the City's financial consultant.
Mayor Suarez:
Right.
Mr. De Yurre:
We select the person.
Mr. Plummer:
Excuse me?
'
Mr. De Yurre:
We select the person.
if
Mayor Suarez:
Oh, no, our existing financial consultant.
Mr. Plummer:
The Manager would select as far as I'm concerned.
Mr. De Yurre:
What's that?
ti
Mr. Plummer:
The Manager would select..:
Mr. De Yurre:
Well, I mean, I'm saying,. the City.
j
Mr. Plummer:
Yes, the City would make the selection and they
would pay for
it.
Mr. De Yurre:
OK.
Mayor Suarez:
Wait a minute, wait a minute,-i thought we were talking about
the City's financial consultant.
Mr. Plummer:
Exactly what I'm saying.
Mayor Suarez:
Existing one that we've got. There's nothing to
select. 7
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Mr. Odio: That's not in the scope of his contract. So this would mean r
that.
Mr. Plummer:
Well, if there's cost incurred, the owners have
offered to pay
for it.
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Mrs.. Kennedy:
They're willing to pay for it.
Mr. Plummer:
What do you have to loser
2=�*
Mayor Suarez:
Well, then, I'm not disposed to vote for it`if
we're' .talking, ,Y!a
about something outside the scope of his contract, I don't need
to pas:
consulting study on this myself.
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Mr. De Yurrat tinder discussion. I have a concern, and I'd like to get some
indication from the Commission to see where we're headed, do we have a time
frame as to when we Mould like to have our own administration building? to
there an urgency or is there a timetable or do, you know...
Mayor Suarezt Well, the fact that we're paying 1.52 million dollars a year
should mean that we ought to do it as quickly as possible.
Mr. De Yurre: OK, now, my feeling is...
Mayor Suarez: Within the constraints of what it's like to deal with
government and...
Mr. De Yurre: My feeling is that if we're going to, you know, while we're
looking at this alternative, that should not preclude us from going ahead with
what the original plan was of building our own facility.
Mr. Fernandez: To the...
Mr. De Yurre: Because pretty much we got...
Mayor Suarez: I hope we're not in any way delaying that, are we?
Mr. De Yurre: Where are we at with that process?
Mr. Fernandez: Well, Mr. Vice Mayor, if I may interrupt a minute, to the
extent that you have exceeded the scope of discussing whether you will or not
discuss at 4:00 o'clock the report, I must advise you that this item is
scheduled to be discussed and you're engaging right now in the discussion of
the item...
Mr. De Yurre: Well, I'm just...
Mr. Fernandez: ... but it must wait until 4:00.
Mr. De Yurre: What I'm discussing right now is something else.
Mr. Plummer: All I was asking was...
Mr. Fernandez: I understand.
Mr. De Yurre: Where are we at in philosophy with our administration building
and doing our thing as opposed to purchasing a building? That's my question.
Mayor Suarez: Yes, which is something that we can discuss at 2:31 or 4:00
o'clock or any other time we deem...
Mr. Fernandez: All right.
Mr. De Yurre: Cesar.
Mr. Plummer: I just thought it was a long agenda and that was the request...
Mayor Suarez: Yes, and your suggestion made a lot of sense. Mr. Manager, do
we have a financial consultant on line that can do this without any additional
expense for us or not?
Mr.
Odio: According to what I m told, that is not in the scope of his work.
Mayor Suarezt
OK, well, then we're just back to...,
Mr.
Plummer:
The point that I was making was, it would
not be of any cost to
` the
City.
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s Mrs.
Kennedy:
Yes, they would pay for that.
Mr.
Plummer:
That was the important factor.
Mr.
Odio: They will pay.
Mrs.
Kennedy:
As long as it's our consultant.
06
Aeoembe�c
Mayor Suareat OK, how t hear you as saying, a financial consultant to be
chosen by the City and paid by...
Mr. plummert 'Them, by the owner.
Mrs. Kennedy: What have we got to lose'
Mayor Suarazi I'll accept that too.
Mr. Odiot Where we're in the new building is that we have...
Mayor Suarez: May not read it but I...Lucia will try to make sure that we
read it, I'm sure.
Mr. Odlo: You approved a consultant to develop and a financing plan for the
new building. And that's what we're doing now.
Mr. De Yurre: We're in the process of selecting or we have one already?
Mr. Odio: No, no, we are already working on the finance package for the new
building.
Mr. Plummer: Let me remind...
Mr. De Yurre: When do you expect to have something?
Mayor Suarez: Yes, please, Mr. Manager, when are we going to hear as to the
feasibility of that? That is really crucial to us. We're spending 1.52
million dollars a year. That bonds out to roughly 15 million dollars and we
should be...
Mr. Odio: But, on the other hand, we were told that's all that we are going
to do. Let's wait and see what happens with this building so...
Mayor Suarez: You were told that by this Commission?
Mr. Odio: Yes.
:N
Mayor Suarez: I don't remember that. I said to go ahead and explore the
other one based on Commissioner Plummer's proposal which would... a
Mr. Odio: That was the motion....this is a motion to bring back a feasibility
comparing...
Mayor Suarez: ... not to delay in any way the possibility of going ahead with
our own.
rr
Mr. Plummer: Exactly.
Mr. Odio: But I don't believe we have delayed the new building...
Mayor Suarez: OK.
Mr. Odio: ... because we needed to know the financing. N
Mayor Suarez: But when can we expect the final recommendation on that?
OoM
Mr. Herb Bailey: Deloitte Haskins, & Sell which was given the contract expect ,h
to be completed within six months on the financial alternatives. You've ;
already passed a motion giving us permission... il,s
Mayor Suarez: Six months from when, Herb? That's a long time. i
Mr. Bailey: Well,.no, it's not a long time, Commissioner. Let me explainthe
sequence that they...
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Mayor Suarez: Six months from when? That's my question.
Mr..Bailey: Oh, oh, this has been like two months ago, since, thsy'va h8d0e���
contract. 1
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87 }!OaPaIOF 1
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Mayor Suarez: That's still longer than I think this Commission's willing to
wait.
Mr. Bailey: Well...
Mayor Suarez: They have to shorten that and get us a report back a lot
quicker than that.
Mr. Bailey: Well, I would like to explain to you how that ties into the other
items. You've already given us permission under a prior resolution, to go out
as a category B development. That was halted depending upon the resolution of
this event as to whether or not you're going to consider the Alfred Dupont
Building or build a new facility. We're waiting...
Mayor Suarez: I didn't think we had halted anything. I'm sorry we did if we
did. I don't remember us doing that.
Mr. Plummer: No, they were supposed to run simultaneous is what I thought.
Mr. Bailey: So, what we're doing, the financial analysis does not prevent us
from going ahead with the new building once we are given the OK to do that and
the next step would be to advertise for architects and upgrade the existing
architectural plans that we have, get working drawings and then advertise for
a contractor. So it's important that we understand which route you want to
take because the next step would be very crucial and it's going to cost a
considerable amount of money.
Mayor Suarez: Let me ask the Commissioners that as a policy question. Do we
have a consensus either way? I mean, I know how I'm going to vote on the
motion if anybody wants to make one that we proceed with the feasibility study
and implementation of our own building, but...
Mr. Plummer: A feasibility study I have no problem with, OK?
Mayor Suarez: Well, that's what - to complete that, that's being done by
Deloitte Haskins and then go ahead and proceed with it.
Mr. Bailey: Well, may...
Mr. Plummer: Mr. Mayor, I want to remind all of you my twenty years of
experience around here. Three times since I've set on this Commission, we
have gone to the voters of this community asking for a bond issue to be
passed. And I hate to tell you the end results was disastrous.
i Mr. De Yurre:
To build an administration building?
Mayor Suarez:
No, never, never that.
{
Mr. Dawkins:
No.
Mr. Plummer:
i
Well, a new City Hall, call it what you may.
C� Mr. De Yurre:
OK.
Mr. Plummer:
OK? And three times it's been turned down. Now...
f Mr. Dawkins:
OK, you know, you're right, J.L. I make a motion that we put it
i to the voters,
if they want to buy the Dupont Plaza - the Dupont Building for
that amount of
money. Let's put that to the voters.
Mr. Plummer:
I have no problem with that.
Mr. Dawkins:
OK, all right, then, let's do that. All right, no problem.
Mr. Plummer:
I have no problem with that.
Mr. De Yurre:
And let me tell you, the alternative that I'm looking at is if
we have the land, I would strongly look into the possibility of getting the
private sector to build the building, they maintain it and we lease it for
them for X number of years. We get a break on the land cost, because we're
putting up the
land, we get a break on the taxes...
88 December
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Mayor Suarez: Like GSA, like we did With GSA building, yes.
Mr. De Yurres pretty much like the GSA. And we don't have to worry with our
own GSA maintaining the building.
<j
Mr. Plummer: it's an avenue to explore.
Mayor Suarez: Is that part of what the Deloitte Haskins, DHSS, are doing?
Mr. Bailey: No, Commissioner, can I just sort of bring you up to date as to
how we got where we are? We originally asked this Commission for $100,000 to
do a facilities needs study along with the financial feasibility study. You y
turned down the facilities needs study and you told us to do that in house.
And it just so happens as we were doing the facilities needs study, this
particular situation came up on the Dupont Building. We were already in the
process of adhering to your first set of requests and doing the facilities
needs study in house. So that we didn't just do this because of the Dupont
Building. It just happened to happen at a time we were prepared to make our
analysis.
Mayor Suarez: Well, how about this?
Mr. Bailey: Nov...
Mayor Suarez: I'll entertain a motion that clarifies that we want you to get
back on the initial track and without undue delay, come back with
recommendations as to us having our own administration building built and the
feasibility of that.
Mr. De Yurre: OK. I want to add to that
whether we build it and own it
ourselves or whether...
Mayor Suarez: Including the possibility of -
right.
Mr. De Yurre: ... of private sector building
it on our land and leasing it to
us.
Mr. Bailey: We will have those alternatives
available for you when we get to
that point.
Mr. De Yurre: I'll second that.
Mayor Suarez: But, I thought you wanted a motion
from us to clarify your task
and I'm about to give you a motion so that
you're not confused that we're t
delaying that in any way by prior action.
Mr. Bailey: Oh, fine, whatever you say is...
- r
Mayor Suarez: Beautiful.
Mr. Plummer: What are you proposing in
square` footage for the new x
administration building?
r
Mr. Bailey: A maximum of 150,000 square feet, even though our current study
shows we need exactly 115,000.
Mr. Plummer: Isn't the present administration
building a hundred and fifty?
f�
Mr. Bailey: I'm not certain.
Mayor Suarez: A hundred and fifteen?
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Mr. Bailey: Sixty-four thousand...
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Mr. Plummer: What do we have now?',,
Mr. Bailey: Sixty-four.
3,
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Mr. Plummer: Oh, OK.
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Mayor Suarez: So, we need roughly to have double:
that size .for a tptal Qf - ,54ta,� .
4
it 'would look like three buildings of that size. Or one twice as big as that
'
in square footage.
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Decembefi
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Mr,, Odim There is a design, you know, back in 1462, the Comission approved
the new design for the new building by §pillis Candela if you remember,
commissioner llumer.
Mayor Suarez: When'
Mr. Odio: There is a design for the new building somewhere in.
Mayor Suarez: I hope beloitte Haskins is considering and the ada nistration's
considering reusing and revisiting that design.
Mr. Odio: That's what I was asking because I remember the Commission
approving...
Mayor Suarez: What year was that, I'm sorry?
Mr. Odio: lighty-two.
Mr. Plummer: Jeeez.
Mayor Suarez: Build that into the motion?
Mr. De Yurre: Yes.
Mr. Plummer: Let me ask a question very'`quickly.
Mayor Suarez: Let me see if I get a second for the...
Mr. Plummer: Who's got a calculator?
Mayor Suarez: Commissioner Plummer, let me. see if I`get a second for the
motion. Ie that your motion?
Mr. De Yurre: I'll second, I'll second it. I'll second your motion.
Mr. Plummer: Go ahead.
Mayor Suarez: It was my,motion you second?
Mr.. Plummer: A hundred and fifty...
Mr. Dawkins: What's the motion?
Mayor Suarez: Motion is that we give clear instructions to complete the
Deloitte Haskins and Sells study for a City administration building to either
be owned or at least leased b the City b the
y y. y process of having .someone else
build it and lease.it back to us. We go,back to the original' study as 'quickly
as possible.
i
Mr. Dawkins: Are we also then going to tie into that the feasibility of
leasing the Dupont Building to see if it meets the needs? Or the owner wants
to do that?
Mayor Suarez: Apparently we've done that by a,separate motion and we, you
know, I don't see that we have to do that in the same motion:,'
Mr. De Yurre: OK.,
c
-.-Ma or. Suarez: Was it y your. motion or is it my motion?
Mr., De Yurre: I'm. seconding your motion,.
}7 t rY
j ,"Mayor Suarez: OK, it's my motion and you second it..
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!!r. Plummer: -What's the motion? To get back on track?
{ �
fayor Suarers Get back on track with that feasibility study
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Mr. Plummer: Fine. ;rY� id # y ni }as i,y�`
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y Mrs. Kennedy: . OK, any further,,,
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Mayor Suarez: for the City either owning or leasing its own administration
building.
Mr. Odio: Would you like to see... what we can do is take around, I know
where it is, the design.
Mayor Suarez: Oh, yes, and include, please, using anything that was left over
from 1982 conceptual...
Mr. Odio: See, when the first tower was designed...
Mrs. Kennedy: I Mould certainly like to see it.
Mr. Plummer: Did we take a vote on my motion that was on the floor first?
Mr. Bailey: I'm not clear as...
Mrs. Kennedy: No, there was a motion to defer on the floor that I seconded
and no vote was taken.
Mr. De Yurre: What was your motion?
Mr. Plummer: That was just to turn it over to an independent consultant.
Mr. De Turret Well, and we found out that the City doesn't have to pay a
penny for that.
Mr. Plummer: Exactly.
Mrs. Kennedy: Correct.
Mr. De Yurre: Yes, that's - did we vote on that?
Mr. Plummer: That's the first one.
Mrs. Kennedy: OK, Mr. Mayor, you're back...
Mayor Suarez: OK, this is not really a substitute motion to that so we can
take both motions.
Mr. Plummer: No.
Mrs. Kennedy: OK.
Mr. Bailey: May I have clarification please? Is the motion that the
administration is to continue with the process of building a new facility?
Mr. Plummer: Yes.
Mr. Bailey: OK.
Mayor Suarez: You said that we had delayed you before and now we're putting
you right back on the same track and this time a little quicker.
Mr. Odio: ... just want to say in fairness to the Dupont Building people that
the price that you have seen is not the last price.
Mr. Plummer: Well, I knew that.
Mayor Suarez: I hope it's not the last price, otherwise conversations and.
Mr. Plummer: I assume we're voting... my motion was on the floor first.
Mayor Suarez: We could take either one.
Mrs. Kennedy: All right, Mr. Mayor, then since I seconded that motion, you go
back to chair that meeting.
Mr. Dawkins: OK, I'll chair a motion, I'll chair... What's...
Mayor Suarez: The first motion on this...
91 Doc
ewber 15, 198E
Mrs. Kennedy: We're voting on the deferment.
Mr. Davkins: Motion understood? Motion understood?
Mayor Suarez: The first motion was the motion to defer, I mean to refer to a
consultant at no cost to the City the idea of the Dupont Building.
Mr. Dawkins: OK.
Mr. Plummer: Correct.
Mayor Suarez: Call the roll on that motion.
Mrs. Kennedy: Motion made by Commissioner Plummer, seconded by me.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-1173
A MOTION REFERRING BACK TO THE CITY MANAGER TWO
EXISTING REPORTS RECEIVED BY THE CITY MANAGER
CONTAINING CONFLICTING RECOMMENDATION IN CONNECTION
WITH THE PROPOSED ACQUISITION OF THE ALFRED I. DUPONT
BUILDING TO BE USED AS THE NEW CITY OF MIAMI
ADMINISTRATION BUILDING; FURTHER REQUESTING THE
MANAGER TO DEFER CONSIDERATION OF SAID ISSUE, AND
FURTHER REQUESTING THE MANAGER TO REFER BOTH REPORTS
TO THE CITY'S FINANCIAL CONSULTANT FOR HIS INDEPENDENT
REVIEW AND ANALYSIS; FURTHER REQUESTING SAID ISSUE TO
COME BACK AT A LATER DATE FOR THE COMMISSION'S
CONSIDERATION
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
NOES: Commissioner Miller Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Let me vote no so that I make clear that it's not, probably
not, going to change my mind. It's not going to change my mind. I vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: OK, we have another motion that was made by myself so you...
Mr. Plummer: Excuse me, Mr. Mayor I would like to ask in fairness, not for
comparison, Mr. Bailey, Mr. Bailey, when you're doing this study for the City
to build its own facility, I hope you will likewise bring in conjunction with
that, the cost of a parking garage to accommodate the parking for that
building. So, I'm not trying to use this as a comparison, believe me, but the
parking situation in that area now is horrendous and what it's going to do
when you take that lot away which is already bad, take away the space for 400
police cars that are being parked in there now, you've got to go with a
garage. I don't see you can go with anything else. So I think you're going
to have to address the 500 City employees that is proposed for this building
with the adequate number of parking spaces because I'm saying for one, don't
bring back one study without the other because they've got to go hand in hand.
Mr. Dawkins: And for me, Mr. Bailey, be sure that you bring back the
feasibility of using that garage which we, the taxpayers, are subsidizing and
not using across the streets where if we put a garage over there and a catwalk
walking from that garage to the building, we will have a parking space and
92 December 15, 1968
r
also add the comparison of valet parking at the Dupont Plaza, which you cannot
get in without...
Mr. Plummer: That's true.
Mr. Davkins: OK? Add the cost of valet parking for each one of our citizens.
Mr. Plummer: 8xcuse toe, I'm not using it as a comparison, I'm saying that the
area down there where it is proposed now is being used for the parking of
police cars. When you use that, you're going to make an already bad situation
worse and I think that you must come up with an answer and I think the only
answer is a building. I don't know how you could do it otherwise.
Mr. Bailey: Well, Commissioner...
Mayor Suarez: Well, a few months ago we were being told that we had an
underused building, parking building, right next to there and that's what
Commissioner Dawkins referred to.
Mr. Plummer: Now it's being used and we're still losing it.
Mayor Suarez: Nov we're using for, I think, storage of vehicles that were
abandoned or whatever.
Mr. Baileys I would just like to correct...
Mayor Suarez: Impounded.
Mr. Bailey: ... for the record, the facility's needs study that we're doing
in house and we've completed a good amount of it in this report we have
addressed the garage. A lot of the actual facility's design as relates to
what we have already will be done through an architectural contract. Now,
when you say come back with a study, you have to understand that we're going
out for a contract for an architect, that's going to cost a considerable
amount of money. Once we start on that route, there would be no turning back.
What we're getting from Deloitte Haskins & Sell is really a financial
alternative. We know we can finance the building based on current leases.
It's just a matter of how we manage to use that particular money. But once we
start on the next step, which is to go out to bid for an architect, we're
gone.
Mr. De Yurre: Well, the next step may be, maybe that we put out an RFP for
the private sector to come in and design a building for us.
Mr. Bailey: That is the next step.
Mr. De Yurre: And then it won't cost us a penny.
Mr. Bailey: Well, in terms of how we do it as a turnkey or whether we pay for
it ourselves, that's kind of... the financial alternatives being prepared by
Deloitte Haskins & Sell will make recommendations and we will come to you with
those recommendations at that point in time before we go out to get bids for a
contractor.
Mr. De Yurre: OK.
Mr. Plummer: Have you got a proposed cost?
Mr. Bailey: Our estimate, based on what has been done in the area today as is
included in this report, we estimate it to be about $121 a square foot of the
same quality and type of the existing building. That's based on the amount, a
comparison with what the county paid for their building and what this new
state building paid and what we paid for the original administrative building.
We added on an amount for inflation and we came up with $121 per square foot.
We know the exact cost of the last three buildings over there of this type.
Mayor Suarez: So you're still coming in around $14,000,000. OK, we have
another motion and a second.
Mr. Plummer: That's fourteen million for the building.
Mr. Bailey: All right, our total estimate cost is about 18 million dollars.
93 December 15, 1988
Mr. Plummer: Eighteen million without a garage.
Mr. Bailey: Well, the garage is the... you have to remember the existing
garage is structurally designed to take two more floors. We have also
calculated the amount of available space under 1-95 that will accommodate what
we think will be the additional load including the public.
Mr. Plummer: But you're talking about $14,000,000 without a garage.
Mr. Bailey: Without a new garage, that is correct. However, we are including
a 1.8 million to add two additional floors on the existing garage.
Mr. Plummer: Which is sixteen. Nov, as a comparison, and don't hold me to
these numbers, but the last number I heard on the Dupont Building was 16
million dollars. Is that correct?
Mr. Bailey: Eighteen, 18 million are the numbers that we worked with. That's
what's in that report. And we used the figures in that report. We did not
change anything. We just added those factors that were not included.
Mr. Plummer: OK. And that's 250,000 square feet.
Mr. Bailey: No, no, no. The Dupont is 285,000.
Mr. Plummer: OK. So, in other words, what...
Mr. Bailey: It's 211,000 square feet of usable space, including the garage.
Mr. Plummer: OK.
Mr. Dawkins: What is the motion?
Mrs. Kennedy: To get back and...
Mayor Suarez: To get back to the feasibility study and have it come back as
quickly as possible to the Commission.
Mrs. Kennedy: If there's no further discussion...
Mayor Suarez: On the City building or leasing its own.
Mrs. Kennedy: Please call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 88-1174
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
ADMINISTRATION TO GET BACK ON TRACK REGARDING
COMPLETION OF A PROPOSED FEASIBILITY STUDY BY THE
ACCOUNTING FIRM OF DELOITTE, HASKINS AND SELLS, C.P.A.
IN CONNECTION WITH THE FOLLOWING PROPOSITIONS:
A) BUILDING A NEW CITY OF MIAMI ADMINISTRATION
BUILDING (INCLUDING CONSIDERATION OF REUSING A
PREVIOUSLY PREPARED DESIGN BY THE ARCHITECTURAL FIRM
OF SPILLIS AND CANDELA), OR
B) LEASING AN EXISTING BUILDING FOR USE BY THE CITY,
OR
C) HAVING A BUILDING BUILT ON CITY LAND BY PRIVATE
SOURCES WITH THE INTENTION OF LEASING IT BACK TO THE
CITY' FURTHER INSTRUCTING THE CITY ADMINISTRATION TO
COME BACK BEFORE THE CITY COMMISSION WITH A
RECOMMENDATION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
.M
94 December 150 19s8.
k alA �T
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner hiller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I vote yes, but what I would like to know is if we're talking
about four months, I don't four months to go by and then they need another
two. In two months I want an updated report to use where we're at.
Mr. Bailey: If you're telling us today to start, then our next step will be
to come back before this Commission with a request for proposal for
architects. We will begin the process immediately. The financing will run
concurrently with the other steps and by the time six months from now, we'll
have a variety of things completed.
Mayor Suarez: I was hoping for architectural you might be able to use some of
those prior renderings that we had.
Mr. Bailey% We may do a reconnaissance on those. We have studied those prior
renderings and whatever we can use, we'll try to use to reduce the cost.
Mrs. Kennedy: OK.
Mr. Plummer: You will also, of course, be bringing back where that
$16,000,000 is coming from. On either project.
Mr. Bailey: Eighteen million dollars, Commissioner, is what we have estimated
the cost. We estimate that by 1989 we will be paying out 1.8 million dollars
in lease fees for rented space. If we were to bond out 1.8 million dollars,
we would get 18 million dollars and we could do it through a revenue bond.
The question is whether or not we can bond out operating money for rent and
there are ways in which we can get around that. We can just make a switch for
a dedicated source.
Mr. Plummer: Excuse my ignorance and simple mathematics, 14 million and one
point eight comes to 15.8, why eighteen?
Mr. Bailey: Well, I don't know where the 14 came from. I think...
Mr. Plummer: Oh, I thought it was your number.
Mr. Bailey: No, my number's 18, it's in the report.
Mayor Suarez: I multiplied your square feet by your per square foot figure.
Mr. Bailey: By 150 by 121, you'll get 18 million. That's our number.
Mr. Dawkins: The same eight...
Mayor Suarez: What? No way.
Mr. Dawkins: The same 18 million, in the event that you do use the other
building, it also could be used to purchase the other building, is that right?
Mr. Bailey: Well, the 18 million, you have to realize that...
Mayor Suarez: No, no, 115 by 120...
Mr. Plummer: One fifty?
Mr. Dawkins: You're talking to me, I don't know why you're looking at them.
Mr. Bailey: I didn't want to interrupt, that I'm going to wait till they
finish.
95 December 15, 1$88
,►` '
r 011*4
Mr. Dawkins, OK, well interrupt them, they didn't care about interrupting be
and you. Go ahead, air.
Mr. baileys The 18 million, as presented to us, represents the raw cost for
the purchase of the Dupont Building. However, we have added into that,
certain other costs that we know would have to be. Which means that it's not
really 16 million. We should consider our 18 million will give us a complete
building without any other qualifications. Their 18 million will give us a
building with more qualifications.
Mr. Dawkins, OK, my question is, in the event that this Commission decides to
go ahead with the Dupont Building, is it possible to use the same quote,
unquote, pot of money, at either building? That's what I'm asking.
Mr. Bailey: To purchase the building, you could use the same...
Mr. Dawkines Purchase or build. Purchase one or build the other.
Mr. Bailey: ... you could purchase it with the same pot of money.
Mr. Plummer: So you're then talking about 18 million just for the building
alone? Knowing how City...
Mr. Bailey: No, that's total cost.
Mr. Plummer: Well, that doesn't include the garage is what I'm getting to.
Mr. Bailey: No, we did not put the 1.8 million in it for a garage.
Mr. Plummer: So, then, we'll call that another 2 million for round numbers.
Mr. Bailey: All right.
Mr. Plummer: So we're talking about 20 million, this City has never built
anything without an additional 20 percent overrun. Bull, don't tell... I wish
to God I vas wrong.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Hirai: Mr. Mayor.
Mr. Plummer: Yes, we didn't build the arena.
Ms. Hirai: We need to complete the roll call.
Mr. Plummer: The Sports Authority built the arena.
Mayor Suarez: By the way, was it 150,000 square feet that we had estimated we
needed or 115,000 square feet?
Mrs. Kennedy: One, five, oh.
Mr. Bailey: We went on 150,000 square feet.
Mr. Plummer: We need one, one, five. They're proposing one, five, oh.
Mrs. Kennedy: One, five, oh.
Mayor Suarez: I thought it was twice the existing, the existing was sixty-tvo
or no.
Mayor Suarez: I thought you were saying one, fifteen. please "complete #�o
.roll call. ,s7,
)1
.96
'December 15,,19$�
COMMENTS MADE rOLLOrWINO ROLL CALLe
Mayor Suareze Bob, and I presume you're here on that item, right?
Robert Traurig, Esq.e Yes, I...
Mayor Suarez: I want to say one thing, if I may, before you get into whatever
presentation you need to do, whether it makes any sense procedurally or not at
this, and that is, if there's any way for the Dupont Building to have a shot
for my vote, it might be if you got another governmental agency to be involved
In occupying a percentage of it. I mean, it's a building that's wor... and I
just thought of that. I hadn't thought of that before. Whether it's state,
county or some other governmental agency, for us to take the, you know, the
285,000 square feet responsibility, as beautiful as that structure is and with
of the other attributes that it has, would be too much. But if you have a
combination and if they want to be the lead agency and we only commit to a
certain number of square feet. I know a few of us here begin to get
Interested when you're thinking in terms of that mezzanine being possibly the
Commission chambers but it would never be a City responsibility.
Mr. De Turret His law firm could take up five or six stories right there.
Mr. Traurig: The only reason I stood up, Mr. Mayor, was just to tell the
Commission that it will not be a financing problem to buy the Dupont Building
because the present lender will make all funds available and the City will not
have a nickel invested in the building.
Mrs. Kennedy: A hundred percent financing?
Mr. Traurig: A hundred percent financing.
Mayor Suarez: No, we'll just have to spend the rest of our lives paying for
It but...
Mr. Traurig: No, the utilization of the amount of money that you're presently
paying for rent will amortize that in full.
Mr. Plummer: Let me ask you, Mr. Manager, since the matter has been deferred,
approximately how long will it take to bring it back?
Mr. Bailey: What matter has been deferred?
Mr. Plummer: No, the matter of the comparison by the financial consultant.
Mr. Bailey: I don't know, Commissioner. And I don't know what financial
consultant you're talking about. In my opinion, this is not a financial
consultant's job, this is a matter of a person who can do a facilities need.
Now, they could, you know....
Mr. Plummer: Excuse me, air, you were obviously not here for the first
motion.
Mrs. Kennedy: We passed that motion, Mr. Bailey. Yes, sir.
Mr. Bailey: You passed a motion, I understand that and I should have...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
i Mr. Bailey: I understand, they want to get a second opinion, a fine.
I
_i Mr. Plummer: An independent opinion.
i
Mrs. Kennedy: An independent, yes.
i
i Mr. Bailey: And independent opinion on the financing.
-! Mr. Plummer: But not about this. Of the comparison between the City report
-( and the building owner report. This is in reference to the Dupont.
}
Mr. Bailey: That is correct and you keep talking about the financing of it
and I'm saying that is only a part.
97 December 15, 19$8
Mr. klummar: tie, noo no, no, the entire report.
Mr. Bailey: Oh, that's the facilities need and financing, that's fine. The
last...
Mr. Plummer: Could we have it back in 60 days?
Mr. Bailey: The last amount t got on that, it costs almost $100000. I don't
know where they're going to come in from.
Mr. Odlo: I'd like to put this to.... we try it for the second meeting in
January.
Mr. Plummer: That's fine. That's fine.
Mayor Suaraz: Thank you, counselor.
28. EMERGENCY ORDINANCE: (Continued discussion) - Declare 45 day moratorium
on enforcement of insurance requirements contained in Ord. 10499
concerning street vendors (see label 23).
Mayor Suarez: Commissioner De Yurre, Vice Mayor, you wanted to get a second
vote on the...
Mr. De Yurre: Yes, I'd like to bring back the vote on the 45-day extended
moratorium on the street vending ordinance.
Mrs. Kennedy:
What is that?
Mr. De Yurre:
The street vending ordinance.
Mrs. Kennedy:
You want to bring it back?
Mr. De Yurre: Extending the insurance, giving
them an extra 45days
moratorium.
Mayor Suarez:
We didn't have a full Commission and they needed a 4/5ths vote.
Mrs. Kennedy:
Oh, that's right, OK. Right, OK.
Mayor Suarez:
Do you want to move it again?
Mr. De Yurre:
OK, and I'll move it again.
Mayor Suarez:
Do you want to second?
Mrs. Kennedy:
Yes, second, sure.
Mayor Suarez:
Seconded.
;4t
Mr. Plummer:
Some of them.'
Mayor Suarez:
Call the roll on the moratorium. We
need 4/5ths." Madam City,
Clerk.
t
Mr. Fernandez:
Need to be read, that ordinance.
,
Mayor Suarez:
Call the roil.
l
4
Y�rR
j,
9$
Deembar 15 a
AN ORDINANCE ENTITLBD-
AN EMERGENCY ORDINANCE DECLARING A 45 DAY MORATORIUM
ON THE ENFORCEMENT OF THE INSURANCE REQUIREMENTS
CONTAINED IN ORDINANCE NO. 10499, ADOPTED OCTOBER 27,
1988; MORE PARTICULARLY, THE PROVISIONS OF SECTION 39-
12.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Vas introduced by Vice Mayor De Yurre and
Kennedy, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Vice Mayor De Yurre and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10525.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
29. FIRST READING ORDINANCE: Require retail establishments to disclose a no
refund and exchange policy; also to honor refunds and exchanges as
offered.
Mayor Suarez: Please, Patty.
Ms. Patty Allen: My name is Patty Allen, I'm the director of the Downtown
Business Association. I have the next item.
Mayor Suarez: Mr. Manager - Mr. City Attorney to maybe short circuit this,
Patty. Are you recommending this ordinance?
Bob Clark, Esq.: Yea, sir.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Let me just say this, you know, I like the idea of this
ordinance, but damn if I hate to see government get involved in the private
sector. Are we saying that a business, if they have and fully understood, no
refund sales are final, that this City Commission government is going to go in
and tell them that they can't do it and that their business is - they can't
run their own private business?
Mayor Suarez: No, no, just to post, post a sign.
99 December 15, 1988
1"
Mr. Clarke All they have to do is post it.
Mayor Suarete That they don't have that policy.
Mr. Clark: Post a sign saying...
Mr. Plummer: If the sign is present...
Mr. Clark: If the sign is present...
Mr. Plummer: All sales are final, no refunds.
Mr. Clark: That's it.
Ms. Allen: That is the ordinance.
Mr. Plummer: OK, that's fine. That's fine.
Mayor Suarez: Just to post a sign so that...
Mr. Plummer: What are we actually doing?
Ms. Allen: We're writing an ordinance. There isn't anything.
Mr. Clark: We are getting to the place where establishments that don't have a
refund policy, don't tell the customers that.
Mr. Plummer: All right, now, excuse me. Are you then, if this ordinance
passed, going to so notify all retailers in the City of Miami that this
ordinance is in effect and that as such you either got to post a sign or
you've got to give refunds. You've got to put the retailers on notice.
Mr. Clark: If your would make that in the form of a motion saying that every
• occupational license issued...
Mayor Suarez: I think that makes a lot of sense.
Mr. Plummer: You've got to.
Mr. Clark: ... would be informed...
Mr. Plummer: Only my business I don't give refunds. And all sales are final.
I don't have to post that sign. Well, I would add, Mr. Mayor...
Mayor Suarez: How about exchanges?
Mr. Plummer: No exchanges, no. No, if there's ever a refund by the customer,
I'll be in another business, I'll tell you that. I would make an amendment to
the motion, whatever is best way for the administration to handle it, that
with this ordinance this way that they should notify all retail organizations
who will have to comply with this ordinance. Based on that, I'll move it.
Mayor Suarez: So moved.
Mr. Dawkins: Say what now, what's the amendment?
Mayor Suarez: He wants to a notification, right, to all that to whom it would
apply?
-;
Mr. Plummer: I want to notify the people that will be affected by it.
s
Mayor Suarez: OK, read the ordinance.
z7,
i15
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mr. Plummer: Is that on all items?
yyY
Mr. Clarks No, it's not on food.
r,
Mr. Plummer: What about clothing?
100 December 15, 19$S
sf
Ms. Allens Retail, 7e6.
Mr. Plummer: What happens in a case where somebody goes home, tries it on and
maybe Mears it or don't wear it and bring it bark for a full refund?
Me. Allen: You Mould have to have something established. And if you buy it
and it's established, that's what bolds.
Mr. Plummer: And is there a time period in which they have to give a full
refund?
Ms. Allen: If it's on the sign.
Mr. Plummer: No, I mean, is our ordinance, forget about the sign.
Mr. Clark: Seven days. Seven days, in the original carton, unused, they get
their money back or they get a credit or they can get an exchange.
Mr. Plummer: Does the purchaser have the option?
Mr. Clark: Yes.
Mr. Plummer: The purchaser.
Mr. Clarks The purchaser.
Mr. Plummer: Not the retailer.
Mr. Clark: Not the retailer.
Mr. Plummer: So, seven days, unused, in the original package with a receipt.
Mr. Clark: Correct.
Mr. Plummer: OK.
Mrs. Kennedy: It's a good ordinance.
Mr. Plummer: I agree. As long as everybody knows the way the rules are.
Mayor Suarez: It is also, frankly, and I'm going to vote for it and I think
it's great the City's doing this. It is something that really the states
should have been doing. It is like a mini FTC act and warranty act, there's
one in the federal statutes, there's one in the state statutes, and we're
being very creative here, but they have a whole staff of people in the state
and I hope our state legislators are doing something about some of these
consumer legislation.
ii
Mr. Plummer: Mr. Mayor, my only - my final comment,
this would become
effective law 30 days after second reading. I would want proof that whatever
way the administration chooses to so notify the retailers,
that it is done at
least, at least, two weeks in advance of the effective date.
Mr. Clark: Have February 11 as the effective date which
would be 30 days
i[
after the second reading presumably in January.
So, it's the
g
administration...
!T
Mr. Plummer: All I'm saying is, you got to get the ones
that want to, the
s
i
time to have a sign made or whatever is necessary.
�+
Mr. Clark: You can direct the administration right now to the date that - two
1`
h`
weeks, fifteen days.
k
Mr. Plummer: What is fair, 15 days?
Mr. Clark: Fifteen days, if...
Mr. Plummer: That this ordinance would become effective
15 days after,the
(;
1
administration has so notified the retailers involved.
Mr. Clark: We will add that in the...
101
December :IS 1988
4k,
Mr. Plummrs t think you've got to do it.
Mr. Clark: All right.
Mayor Suaress Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE REQUIRING RETAIL ESTABLISHMENTS TO
DISCLOSE A NO REFUND AND EXCHANGE POLICY UNLESS FULL
REFUNDS OR EXCHANGES ARE OFFERED BY THE ESTABLISHMENT;
REQUIRING RETAIL ESTABLISHMENTS TO HONOR REFUNDS AN
EXCHANGES AS OFFERED; PROVIDING PENALTIES AND FOR
CIVIL ENFORCEMENT MEASURES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE] PROVIDING FOR AN
OPERATIVE DATE; AND PROVIDING FOR INCLUSION IN THE
CITY CODE.
Has introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Ms. Allen: Thank you.
Mayor Suarez: I take it the Business Association supports it.
Ms. Allen: Yes.
Mayor Suarez: And that they feel that by doing this, people will have more
assurances that their...
Ms. Allen: The retailers are requesting it. Yes.
Mayor Suarez: It's like a Better Business Bureau type.
30. EMERGENCY ORDINANCE: Amend Sect. 5 of Ord. 6145, which established
certain fees, by adding and increasing some of those fees. (Building,
plumbing, electrical, mechanical permits)
Mayor Suarez: Thirty-five, emergency ordinance.
Mr. Plummer: Thirty-five? Oh. Move it.
Mayor Suarez: Moved.
Mr. Dawkins: What item is it?
Mayor Suarez: Thirty five, emergency ordinance on
electrical, mechanical inspection permit certificate fees.
Mrs. Kennedy: Why is this an emergency ordinance?
Mayor Suarez: Please state the reason for the emergency.
102
Mr. Plummer: Because the Manager needs money.
Mr. Odlo: Because of the immediate need to rover the increases in
occupational and operational costs and thereby adequately funding the '88-'89
budget.
Mr. Plummere What did I tell you.
Mrs. Kennedy: Commissioner Plummer stated it another way. Why wasn't this in
the budget?
Mr. Odic: It is in the budget but we need a Commission action. It takes a
while to prepare these fees, with meetings with the industry, etcetera.
Mrs. Kennedy: Etcetera, OK.
Mayor Suarez: I hope we don't get challenged on the emergency aspect of this.
Any how, it's been moved. Commissioner Dawkins seconded. Read the ordinance,
please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO. 6145, ADOPTED MARCH 19, 1958, AS AMENDED BY
ORDINANCE 10398, ADOPTED MARCH 10, 1988, WHICH
ESTABLISHED FEES FOR BUILDING, PLUMBING , ELECTRICAL,
MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION,
PERMIT AND CERTIFICATE FEES, BY ADDING AND INCREASING
SOME FEES AND CLARIFYING CERTAIN ITEMS IN SAID SECTION
5, TO COVER THE INCREASE IN OPERATIONAL COST PRIMARILY
FOR THE ENFORCEMENT OF THE SOUTH FLORIDA BUILDING
CODE; CONTAINING A REPEALER PROVISION, AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10526.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
t
to the public. z
103
December 15, 1988 r
x�
f
i i K
31. SECOND READING ORDINANCE: Establish special revenue funds "Historic
Preservation: Survey Update" - appropriate funds from State of Florida
and Dept. of State grants.
Mayor Suareze Item 36, second reading of an ordinance establishing two funds
in the amount of sixty-two fifty and twelve fifty, grants from the state of
Florida.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Read the ordinance. Call the roil.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mr. Plummer: What's the money going to be used for?
Ms. Sarah Eaton: We will be photographing the sites that are included in the
Dade County historic survey. The cost is to pay for the photographs.
Mr. Plummer: Sixty-two hundred dollars of photographs.
Ms. Eaton: No, it's $1,250 for photographs. The rest is staff time, actually
going out and taking the photographs.
Mr. Plummer: MIC...
UNIDENTIFIED SPEAKERS: KEY...
Mr. Plummer: KEY.
Mayor Suarez: Don't follow him, please.
Mayor Suarez: Do we have a motion and a second, Madam City Clerk? You
read
the ordinance, call the roll, quickly.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HISTORIC PRESERVATION; SURVEY UPDATE," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $6,250, CONSISTING OF A $1,250 GRANT FROM
THE STATE OF FLORIDA; DEPARTMENT OF STATE; AND $5,000
FROM FISCAL YEAR 1988-89 COMMUNITY DEVELOPMENT BLOCK
GRANT: CITYWIDE HISTORIC PRESERVATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 3,
1988,
was taken up for its second and final reading by title and adoption.
On
motion of Commissioner Kennedy, seconded by Commissioner Plummer,
the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
f
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.-
ABSENT: None.
c
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10527.
M
104 December 15
eepp
I
yh`.
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.
32. SECOND READING ORDINANCE: Create now special revenue fund: "Recreation
Programs for the Mentally Retarded - PY 18849" - appropriate funds from
MRS grant.
Mayor Suaraz: Thirty-seven, second reading of an ordinance...
Mr. Plummer: Move it.
Mayor Suaraz: ... establishing the funds...
Mr. Dawkins: Second.
Mayor Suaraz: ... recreational programs for...
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: ... handicapped. Moved and seconded and thirded. Read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND
ENTITLED "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED - FY'88-89" AND APPROPRIATING FUNDS FOR ITS
• OPERATION IN THE TOTAL AMOUNT OF 4289,795 CONSISTING
OF A $244,795 GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS)
AND 445,000 FROM FISCAL YEAR 1988-89 SPECIAL PROGRAMS
AND ACCOUNT, MATCHING FUNDS FOR GRANTS; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO
ENTER INTO THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S) TO ACCEPT THE GRANT AWARD; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 3, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10528,
The City Attorney read the ordinance into the public record and
} announced that copies were available to the members of the City Commission and
to the public.
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105 December 198$'
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33. FIRST READING ORDINANCE: Amend Code Sect. 14-26(d) - remove full term
maximum service requirement for private sector members of the Downtown
Development Authority Board.
Mayor Suarez: Thirty-eight is first reading of a new ordinance that would
allow more than two consecutive terms for private members of the Downtown
Development Authority.
Mr. Plummer: So move.
Mayor Suarez: Nov that we have 26 members instead of seven or whatever it
used to be.
Mr. Plummer: Twenty-nine, isn't it?
Mayor Suarez: Twenty-nine. At the time that this was passed, the board only
had seven members so I guess it was...
Mr. Plummer: To remove the two.
Mayor Suarez: You moved it, J.L.?
Mr. Plummer: Teo, very definitely.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 14-26(d) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REMOVE THE
TWO CONSECUTIVE FULL TERM MAXIMUM SERVICE REQUIREMENT
FOR PRIVATE SECTOR MEMBERS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY BOARD.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Let me say one thing on that as long as you're here and I've
asked Commissioner Kennedy to see, since she's got to make a presentation
before the DDA tomorrow, if she can be present and chair the meeting for me
because I won't be able to be there. I'd like the rest of the Commission
members that would like to chair DDA board meetings to let me know so that we
can arrange for that. Particularly if she can't make it tomorrow. We have a
vice-chairman but he also cannot be there tomorrow. Thank you, Peter.
4 4
36. A. FIRST READING ORDINANCE: Amend Code Sect. 22-2 ("Garbage and Trash"),
requiring private haulers to notify the City in writing of their
intention to discontinue service to a commercial establishment. (Note:
This ordinance was later reconsidered by Motion 88-1176 - see label 37).
B. Instruct City Attorney to draft ordinance that would: (a) determine
minimum number of required trash receptacles per apartment dwelling or
commercial establishment, and (b) establish minimum standards to be met
by private sanitation companies (private haulers).
Mayor Suarez: Item 39.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: First reading. Seconded. Any discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: Wait a minute, hold on.
Mayor Suarez: Sorry. Commissioner Plummer.
Mr. Plummer: Mr. Manager, we passed these things, I told you and Mr.
Ingraham, that I was going to be watching and obviously I'm the only one
watching. These apartment houses, I am seeing bins that are being overrun two
and three times what they should have. It is a disgrace to this City. The
people are being able to choose what size they want and they're going to take
the smallest one possible and the trash is on the ground which then spreads to
the neighborhood. I don't know what we have to do but these people are going
to have to buy adequate size bins to handle their own problem and they're not
doing it.
Mr. Joseph Ingraham: Mr. Commissioner, this is an attempt to address that one
particular item you're talking about now.
Mr. Plummer: Well, as I see this, this is not addressing the problem. The
problem is, is all the damn trash is going on the ground. And it's got to
stop.
Mr. Ingraham: This will aid. We're aware of what you're talking about and
we've talked with the private haulers in that regard and this will be the
initiation of addressing that process.
Mr. Plummer: Of course, the private haulers understandably want to sell as
big a bin as they can, I understand that. But that's not my area of concern.
If they're going to use a private hauler instead of the City, then my concern
Is that they must provide an adequate receptacle and they're not doing it
presently.
Mr. De Yurre: Aren't there City requirements as to what you got to have?
Mr. Plummer: No.
Mr. De Yurre: Well, why don't we have them?
Mr. Plummer: No, we don't, it's to my knowledge there is no...
Mr. De Yurre: Don't we have like per unit like if you have X number of units
you got to have so many...
Mr. Ingraham: In reference to our commercial accounts that the City manages,
that's the case, the standard is two. We have no containers that are lower
107 December 15, 1988
than two yards in volume. With the private hauler, they're negotiating a
contract and the problem is, as the Commissioner's stating, the City has not
required a minimum standard in the City of Miami in reference to a minimum
size for private hauler containers.
Mr. De Yurre: Wall, why don't we give instructions to prepare that ordinance?
Mr. Plummer: Something's got to be done because, you know, they're using a
bin or receptacle half of what is really needed in so many...
Mr. De Yurre: I'd make a motion to get the City Attorney's office to prepare
an ordinance that will allow the minimum...
Mr. Plummer: A formula. A formula. A formula.
Mr. De Yurre: A formula in the form of an ordinance that we can approve it.
Mr. Dawkins: Second it.
Mayor Suarez: OK, moved and seconded.
Mr. Plummer: Wait a minute. I'm sorry, 39 is still on the floor.
Mayor Suarez: OK, I'm sorry. Call the roll on 39. Did we read the
ordinance, Mr. City Attorney?
Mr. Plummer: Yes.
Ms. Hirai: Yes, we did.
Mayor Suarez: Call the roll on 39 please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 22-2, ENTITLED
"COLLECTION SERVICES, CONTAINER USAGE, CONDITIONS AND
REQUIREMENTS FOR PLACEMENT LOCATION", OF CHAPTER 22,
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT ALL
PRIVATE HAULERS UNDER THIS CHAPTER GIVE THE DEPARTMENT
DIRECTOR PRIOR WRITTEN NOTICE OF THEIR INTENTION TO
DISCONTINUE SERVICING A COMMERCIAL ESTABLISHMENT AND
THAT PRIVATE HAULERS WILL ALSO MAIL ONE NOTICE OF
DISCONTINUANCE OF SUCH SERVICE TO THE AFFECTED
COMMERCIAL ESTABLISHMENT; FURTHER AMENDING SUBSECTION
22-32(d) OF SUCH CHAPTER, ENTITLED "ENFORCEMENT AND
ADMINISTRATIVE FEES", TO PROVIDE THAT A COMMERCIAL
ACCOUNT WITHOUT WASTE COLLECTION SERVICE SHALL BE
ASSESSED AN ADMINISTRATIVE FEE OF $250.00 PER DAY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: Now, his motion instructing the City Attorney.
108
!mayor Suarezt Got your notion on the floor? Prepare the ordinance containing
the formula?
Mr. De Turres To prepare an ordinance of the minimum required bins that we
need...
Mayor Suarest Containers.
Mr. Plummer: Minimum standards.
Mr. De Yurre: ... per units or whatever formula we need so that we can get at
least something that'll be feasible for the community to have.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Vice Mayor De Yurre, who moved
Its adoptions
MOTION NO. 88-1175
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN
ORDINANCE CONTAINING A FORMULA THAT WOULD ATTEMPT TO
DETERMINE THE MINIMUM NUMBER OF REQUIRED TRASH
RECEPTACLES PER APARTMENT DWELLING OR COMMERCIAL
ESTABLISHMENT IN ORDER TO ESTABLISH MINIMUM STANDARDS
TO BE MET BY PRIVATE SANITATION COMPANIES (PRIVATE
HAULERS) IN THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Mr. Director, Joe, just to put on the record what I told you
yesterday, privately, which is really to commend your department. Over a span
of 24 hours I saw 3 different people sweeping S.W. 8th Street and Flagler and
I hadn't seen that in a long time and I don't know if it's a special effort
around the holidays or what it is, but that's really improved the area that...
Mrs. Kennedy: Would you believe that I swept 8th Street...
Mayor Suarez: And, of course...
Mrs. Kennedy: ... in an effort to promote...
Mayor Suarez: ... they were trying to outdo Commissioner Kennedy and let me
tell you, they were not outdoing her.
Mr. Ingraham: Mr. Mayor, that's part of an on going function we're trying to
expand the services and provide a better service to the City.
Mayor Suarez: Three times in 24 hours. I mean, that was magnificent. I had
only seen that before, really, in Coconut Grove. As I mentioned to you, maybe
once or twice on 62nd Street along the N.W. 7th corridor.
Mr. Ingraham: Thank you, sir.
Mayor Suarez: And we expect Commissioner Kennedy to be out there again
tomorrow morning at 6:30 in the morning.
Mrs. Kennedy: A woman's day is never done.
109
35. ♦. FIRST READING ORDINANCE: Amend Sect. 1 of 10521 - increase
appropriation for North Flagler Sanitary Sever Project No. 351273.
B. Continue consideration of acceptance of bid by Douglas N. Higgins,
Inc. - for construction of North Flagler Sanitary Serer Improvement
until second reading of ordinance on Project No. 351273 above.
Mayor Suaraz: Item 40, first reading, capital improvement appropriations
ordinance. Increasing the appropriations for north Flagler sanitary severe in
the amount of one sixty-five thousand.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE N0.
10521, ADOPTED NOVEMBER 17, 1988, THE CAPITAL
IMPROVMU NT APPROPRIATIONS ORDINANCE, BY INCREASING
THE APPROPRIATION FOR NORTH FLAGLER SANITARY SEWERS,
PROJECT NO. 351273, IN THE AMOUNT OF $165,000;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
! Commissioner Miller Dawkins
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Hold for one minute, please. I just want to raise, on the
record, that almost 4 million dollars worth of work to be done in this
community and we only had four bids. No, it's ridiculous. Four bids for 4
million dollars worth and yet, according to the statistics on this sheet,
there were obviously 96 companies who were qualified who got and received
bids. OK?
Mayor Suarez: Why is that? Can anybody tell us? Any intuitive answer to
this?
Mr. Don Cather: Ninety-six invitations were mailed...
Mr. Plummer: Well, I'm...
Mr. Cather: ... six contractors picked up the plans and specs and out of the
six that came in to pick up the plans and space, four bid it.
Mr. Plummer: Don, if I'm not mistaken and correct me if I'm wrong...
Mr. Cather: Yes.
Mr. Plummer: ... 96 that were mailed out obviously were people who you
thought were qualified.
110 December 15, 1988
Mayor Suarez: Why do you think that so few responded, Don?
Mr. Cather: No, were on a list of contractors, yes.
Mr. Plummer: You wouldn't mail them if they weren't qualified.
Mayor Suarez: Why do you think so few people responded? Are they fat out
there...
Mr. Dawkins: This is 417
Mayor Suarez: ... or are they...
Mr. Dawkines I'll be back at 42.
Mayor Suarez: ... brimming with these contracts from municipalities, are we
just not hitting the right people in our mail outs or why? This is a large
contract.
Mr. Cather: Well, we've, over the last 10 years, we haven't been getting 15
and 16 bids on anything.
Mayor Suarez: No? What do we typically get on...
Mr. Cather: I would may four to five bidders has been typical. And I'm very
pleased when we get 4 to 5...
Ms. Hirai: I'm not finished yet.
Mr. Cather: ... like, for example, on the bus contract, we only got two.
Mayor Suarez: Is this a local company, Douglas Higgins?
Mr. Cather: No, they're not a local company. They come down here in the
winter time and they work up in Michigan.
Mr. Plummer: I don't see any background on this company. Oh, here it is.
Mr. Cather: Well, Higgins has done work for us before.
Mr. Plummer: And they're out of Ann Arbor, Michigan.
Mr. Cather: Right.
Mrs. Kennedy: Don, don't we have any minority companies that can do sewers?
Mayor Suarez: Did any bid, of the four?
Mr. Cather: We had one Hispanic bid.
Mayor Suarez: You know, how about this, Commissioner Plummer...
Ms. Hirai: Excuse me, Mr. Mayor, we must complete the roil call also.
Mayor Suarez: Oh, I didn't know that we were ready to vote on this. In the
meantime...
Ms. Hirai: I have not completed the roll call.
Mayor Suarez: We're in the middle of it?
Ms. Hirai: Mr. Plummer. Your vote, air.
Mayor Suarez: He's still thinking about it.
Mr. Plummer: Yes, explain to me, if you would, in the breakdown sheet they're`
talking about - first we talk about a total base bid and then you talk about
an alternate base. What's - which there's a difference of $600,000.
Mr. Cather: Before I start on that, I think you're looking at item 41 which
we're asking to be continued until we have a second reading on the
appropriations ordinance.
111 December 15, 1968
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Mr. Plummer: its are on 41.
Mr. Cathert We're on 40.
Ms. Hirai: I need your vote on 40, sir.
Mr. Plummer: I'm sorry, you are correct. Then let me look back at 400 hold
on, I...
Mr. Cathert We can be happy to answer the question however.
Mr. Plummer: OK, on 40.
Mayor Suarazt There's no limit to the amount of time a Commissioner may take
to consider his vote, Madam City Clerk.
Mr. Plummer: No, well, excuse me.
Mayor Suarez: That we have imposed to date.
Mr. Plummer: Stalemate. We have nothing backup on 40 as to who about the
bids or any of that.
Mrs. Kennedy: Forty-one is awarding the bid.
Mr. Cather: No 40 is increasing the amount of the appropriations from....
Mr. Plummer: OK, all right, I vote yes on 40.
Ms. Hirai: Mr. Mayor, allow me to call the roll all at once again.
Continuing roll call, Ms. Kennedy.
Mrs. Kennedy: Yes.
Ms. Hirai: Mr. Dawkins votes yes. Mr. De Yurre.
Mr. De Yurre: Yes.
Ms. Hirai: Mayor Suarez.
Mayor Suarez: Yes.
Mr. Plummer: That's on 40 now.
Ms. Hirai: Yes, sir.
FOLLOWING COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: OK, so then my questions are on 41.
Mr. Cather: And we cannot proceed with 41 because we haven't had a second
reading on it.
Mr. Plummer: Who said it's been withdrawn? You withdrew forty...
Mr. Cather: You asked that it be continued until the second reading on item
40 which is necessary for an increase in appropriations.
Mr. Plummer: OK, that's good. During that period of time, I would like you
to write a letter to the 96 people who received the invitations to bid asking
them if they would be so kind as to comment why they did not bid.
Mr. Cather: Certainly. Can we restrict that to contractors and not
suppliers? A lot of the letters we send out are to suppliers of concrete, PVC
pipe, fittings and so that would not be actually submitting bids.
Mr. Plummer: Well, yes, I'm assuming that would not be awarded to them. Why.
would you send them a thing?
Mr. Cather: Well, they appreciate getting notices of what work is coming up f
so that they can contact local contractors for the supplying of materials.
112 December 15, 19§8
t 5.!
Mr. Pluftnts well, they're not in... therm then that'i a file& figure.
Ninety-alx is not invitations to bid.
Mr. Cathers Notices of the invitation to bid, the advertisement.
Mr. Plummers OK, but how nifty contractors were asked to bid?
Mr. Cathers Valli have to check that out, we'll...
Mr. Plummer: I'd like to see a letter from those who did not bid, course of
courtesy, that, in fact, why they did not bid.
Mr. Cather: I would be happy.
Mayor Suarets Add to that, if you would, Mr. Manager, add to that, or bon,
add to that builders associations, in this particular case to be told,
Associated Builders, Latin Builders, the black contractors, to be told that we
only had four, I guess, out of 96 letters that went out and the amount is
substantial, just to see what kind of reaction we get.
Mr. Odic: I used to be in that industry and sometimes you get government work
and you don't do it. You don't want it.
Mayor Suarez: Just send a letter so they know that this happened.
Mr. Odic: Yes, well the... we will...
Mr. Plummer: That's why you're out of that business.
Mr. Odic: No, if I was smart, I would be back in it.
Mayor Suarez: Item 41, do we have a motion on it?
Mr. Odic: I see you're making some people happy here, Plummer, you don't want
to do that, do you?
Mrs. Kennedy: Or maybe, Don, you can break it down and evenly among other
people so it's not just one person getting the $4,000,000 contract.
Mr. Cather: Yes. But what we'd like to do on this one is to continue it, not
withdraw, but continue it to the next hearing, the next meeting so that we can
again put 40 up and then when it's passed, put this item up.
Mrs. Kennedy: That's fine.
Mr. Plummer: Good. Spell my name right.
Mr. Cather: So, if we could have a roll call vote on it, discontinuance.
Mayor Suarez: We have a motion, do we have second?
Mayor Suarez: Wait, wait, wait, wait.
Ms. Hirai: Roll call, Mr. Plummer.
Mr. Yiummert Yes.
Mayor Suaret.t Wait, waits waits wait. Why are we continuing 412
Mr. Plummer: Because the !tanager asked for it to be continued.
Mr. Odio: We did ask.
Mayor Suarez: Why is the Manager asking for it to be continued?
Mr. Cather: Because the second reading on the appropriation ordinance has not
been read and will not be read until the next Commission meeting.
Mayor Suaraz: Why, Mr. Manager? Thank you, Don. Why, Mr. Manager, was it
scheduled on the agenda to be voted on today along with 40?
Mr. Odio: You mean 417 You...
Mayor Suarez: Are we changing our procedures?
Mr. Odio: It's an oversight.
Mayor Suarez: OK.
Mr. Odic: It was an oversight. We shouldn't have had it on...
Mayor Suarez: All right. Continue the roll call on 41 being continued.
ON MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY
COMMISSIONER PLUMMER, ITEM 41 WAS DEFERRED TO THE FIRST JANUARY
COMMISSION MEETING BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
' Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mrs. Kennedy: But again, let me make it very clear that maybe you can break
it down into two companies or three companies so that just - you know, you
just don't award the 4 million dollars to one company.
Mayor Suarez: How about that, Don? How about the possibility that they bids
could be put out in smaller segments that some companies might be able to bite
into that don't have the ability to do a 4 million dollar contract?
Mr. Cather: We have tried that on numerous occasions and have not had much
luck with it. We've broke them down to a million dollar contracts and smaller
areas and, you know, the size of the area is usually a manageable district but
if you wish, we'd be happy to break them down again in the next contract. Try
it again.
Mayor Suarez: Bonding may be a problem for some contractors.
Mr. Cather: Yes.
Mayor Suarez: OK, did we complete the roll call on 417
4 a'
36. FIRST READING ORDINANCE: Amend Code Chapter 42 ("Police") - establish
maximum towing and storage rates that may be awarded by private towing
and moving companies - provide for methods of payment - establish towing
authorization procedures and sanctions for failure to comply, etc.
Mayor Suarez: Forty-two has been handled already?
Mr. De Yurre: No.
Mr. Jorge Fernandez: No, it hasn't.
Mr. De Yurre: Mr. Mayor, this is the...
Mayor Suarez: I'm sorry, OK, this is the towing...
Mr. De Turre: ...Tow trucking legislation. As you're aware, this year
Tallahassee gave us the ability, starting October lot to regulate the tow
trucking industry including setting the rates which they can charge. We have
gone ahead with the Commission's OK back in November 3rd to prepare
legislation towards that end. We had the opportunity, during this
approximately 45 day period, to get together with the industry to get their
feelings on the issue. We have gone ahead and we have prepared an ordinance
which is being proposed here today on first reading, and I would like to have
at this time, the City Attorney's office, Mr. Fernandez, to give an
explanation as to the legal ramifications of what we're proposing here today.
Mr. Fernandez: Yes, Mr. Clark just passed to you members of the Commission
the most recent updated version of the proposed ordinance. Like Vice Mayor De
Yurre emphasized, we, as a municipality, now have the authority to regulate
rates when vehicles are towed from private property. Clearly there is the
authority to do that. Now what we have done is that we have amended the
existing ordinance that we have and we have done so in several respects.
First of all, we have established different classes of vehicles, wrecker
class, for the towing vehicles and we tied that definition of classes to the
rates that can be charged for towing. In the second respect, we have removed
the requirement of oral. In the past, by telephone conversation or by verbal
direction, a towing company could remove a vehicle. Now, there has got to be
a sign, a written confirmation that the owner who's complaining must affix his
signature to it. We have also established a $250 license fee which before we
had the authority to do, but we had never passed the proper legislation to put
that into place. In the fourth regard, we...
Mr. Plummer: License fee by who? -by the...
Mr. Fernandez: By the City.
Mr. Plummer: Of the owner?
Mr. Fernandez: Teo, of the owner, yes.
Mr. Plummer: What license would you issue him?
Mr. Fernandez: This would be for the privilege of having a license to operate
In the City and this is not...
Mr. Plummer: This is the owner of the property or the owner of the wrecker
service?
Mr. Fernandez: Of the wrecker service.
Mr. Plummer: Ah!
Mr. Fernandez: Of the wrecker service, yes.
Mr. Plummer: It's like an occupational license?
Mr. Fernandez: Well, no, this is in addition to the occupational license.
This is a regulation fee, if you want to call it that, to make sure that the
115 December 15, 1988
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wrecking company or the wrecker is, in fact, complying with all the provisions
of this ordinance.
Mr. Plummer: Is that regardless to the size of the company? One wrecker or
ten instead of...
Mr. Fernandez: That's right, exactly. It's also amending the ordinance in a
very important regard. This we did in cooperation with the Police Department.
We had their full input into this. We are asking that when the towing vehicle
Is in the process of removing that the yellow flashing lights be placed on.
It's a requirement that we're putting in. We're also establishing fines for a
person who charges a vehicle or owner a towing or storage charge in excess of
the rate that's described in this ordinance, he's liable to the vehicle owner
four times the amount charged. The purpose behind this is to make sure that
the public In treated fairly and also, number six, we have an imposition or we
have a fine on the property owner, an owner or agent of the business
enterprise in possession of any private property causing the removal of a
vehicle parked on that property is liable to the vehicle owner for double the
storage or towing charges whenever the owner or agent fails to comply with the
regulations as set forth in section 4278. This places on the owner of the
private property or the person who is in control of the private property,
certain responsibilities also to act properly. Then we have proceeded and we
have added a section where we set out a schedule and the schedule has been
tied into the type of wrecker service that's provided according to the classes
that we have outlined. We've also set schedule for storage rates and a method
of payment. The method of payment we have provided that it can be paid also
with credit cards. And, in essence, those are the basic changes or the basic
ways in which this ordinance is being amended or proposed to be amended.
Mr. Plummer: Let me just ask one question because I don't know if I agree
with all of this. The one area that I've got an area of concern and it's on
towing services in general, not as it relates just to private property. And
that is, an inventory of the car being towed. Is there any provision in our
present ordinances that states that when that car was hooked up to that
wrecker that there was an inventory done of the contents of that automobile?
Mayor Suarez: No, but that can be put in.
Mr. Plummer: Well, I think it's important for not only the protection of the
wrecker service, but for the protection of the person's car that's being
towed. And I think that's very important.
Mr. Dawkins: Especially if you've got a lot of City of Miami equipment in it.
Mr. Plummer: You bet your bippy.
Mr. Fernandez: Ms. Kearson and Ms. Leiva from my office were very
Instrumental in drafting this proposed ordinance and they're very
knowledgeable about this. They could answer any questions you would have.
Miss Kearson.
Ms. Linda Kearson: I just spoke with John Shannon from the Police Department.
According to Officer Shannon, we only inventory those cars that are being
towed pursuant to a police request.
Mr. Plummer: Well, what about the poor devil that's not at a police request?
Miss Kearson: Well, we have no provision for...
Officer John Shannon: He's a poor devil. He's a poor devil right now.
There's nothing in the ordinance that says they have to inventory the vehicle.
Mr. Fernandez: It's nothing, if you want to propose that...
Miss Kearson: It's nothing, there is no provision in the ordinance.
Mr. Plummer: Well, I just think, you know, we've had cases up here before,
before us trying to solve a problem. I remember explicitly a man who came up
here and claimed he had $2,500 worth of tools in his truck when it was towed,
and when he went to pick it up and reclaim his truck, there were no tools in
It at all. And the wrecker service said, well, we don't know anything about
the tools.
116 December 15, 1988
Mr. Fernandez: Our only concern with that would be the right of privacy of
the individual. One thing is to tow the car away, but we don't go into the
trunk, we don't really do any inspection of the vehicle to do an inventory.
We don't want to be in a situation where we, this function or this ordinance,
servos as perhaps part of what may turn out to be a criminal investigation.
Mr. Plummer: OK, I think it's Just lacking, that's all. Go ahead.
Mayor Suarez: Yes, I guess we have to hear from the public. Mr. City
Attorney, do you want to take this opportunity to introduce one of your new
staff members that you asked me about before?
Mr. Fernandez: Yes, I certainly do. I'm very pleased to introduce to you
members of the City Commission and to the public at large...
Mayor Suarez: A short introduction.
Mr. Fernandez: ... Ana Victoria Leiva. She is a new Assistant City Attorney
in our office. She is a recent graduate of our newest law school in Dade
County, St. Thomas University, and we're very proud to have her with us.
She'■ an excellent attorney already. Vicky, where are you?
Ana Victoria Leiva, Esq.: Right here. Thank you.
Mayor Suarez: Welcome aboard. For the benefit of the media, if I may, and
the Manager, as interesting as all the issues affecting the homeless are, this
ordinance In a very interesting ordinance. I mean, we're talking about
regulating here something that has been unregulated. It is something that,
again, puts us beyond the most progressive legislation, consumer legislation,
of any City that I'm aware of and certainly beyond what the state and federal
government have done. And I hope that, you know, when the more exciting issues
having to do with where we house the homeless in shelters and all of that
have - when the media has gotten over that particular excitement, they also
deal with very progressive legislation being proposed by the City of Miami to
protect the consumer from having their cars towed which, as you remember a few
months ago, that was a more interesting issue to the media than the problem of
the homeless is, but, of course, we know how the media goes back and forth.
Do you want to be heard on this ordinance?
Mike Colodny, Esq.: Yes, Mr. Mayor.
Mayor Suarez: And give us your name and address please.
Mr. Colodny: Mr. Mayor, members of the Commission, my name is Mike Colodny,
attorney at law, 11900 Biscayne Boulevard. I'm here today representing one of
the licensed towers in the City of Miami, Midtown Towing. There is no
question as your City Attorney and Commissioner De Yurre has indicated that
pursuant to the legislation passed by the state of Florida, this Commission
has the authority to regulate in the area of towers operating within its
municipal limits. The ordinance has many positive aspects to it and, as a
matter of fact, the addition by Mr. Plummer and the consideration is another
area of further consideration. There are many positive aspects of the
proposed amendment to the existing ordinance, but we must take question with
section B, the amendment which sets forth the base towing charges and
establishes maximum rates for towing of the various classifications and the
storage. If I might just give a little history, every licensed tower in the
City of Miami at this time, posts its charges with the City. They are
published, they are on record at the City.
Mayor Suarez: Where in the City?
Mr. Colodny: Who do you post them with?
UNIDENTIFIED SPEAKER: The City, the towing detail, they post them with the
City Manager.
Mr. Colodny: They are posted, I believe through...
Mayor Suarez: Does anybody in the City know of any such posting?
Mr. Colodny: ... through the City Manager's office.
117 December 15, 1988
Officer John Shannont They are pest...
Mayor Suarest Does the Manager know of any such posting? if I asked him how
such Coral Way Towing charges for privately requested towing?
Mr. Odlot No, I got towed away in the City, 1 never been.... I don't know.
Officer Shannont According to the City ordinance, they're supposed to be
posted at the Police Department and at the City Clerk's office.
Mayor Suarez: Of course, that's if they send us their fees and, of course, we
haven't in many cases probably haven't even received those let alone have we
posted them. Anyhow...
Mr. Colodny: Well, when I may posted, I meant we deposited them and we
receipt them to the City.
Mayor Suarez: Your company does do it every time you change?
Mr. Colodny: To the City Clerk's office every time.
Mayor Suarez: And the name of your company is?
Mr. Colodny: Midtown Towing.
Mayor Suarez: What is the typical towing charge, not counting mileage and
storage?
Mr. Colodny: I think it was pointed out, there are different classifications
of towing. If you want some inside...
Mayor Suarez: A normal car.
Mr. Howard Lichtman: My name is Howard Lichtman, I'm the president of Midtown
Towing. We charge $75.00 is the base towing rate for a car. And aside from
that, we have labor. If we have to do any specific labor on it, we charge
extra for this. If we have to unlock the car to secure a vehicle, we charge
an extra $15.00. If we have an exotic car and we have to use a flat bed, we
charge $100. If we have to put dolly wheels on it, we charge an extra $30.
It all depends on what kind of labor we have to...
Mrs. Kennedy: If you have to store the car, that would be an additional fee,
I guess.
Mr. Lichtman: It would be an additional fifteen...
Mayor Suarez: Your basic fee is $70. Your minimum just for the towing...
Mr. Lichtman: Seventy-five dollars, sir.
Mayor Suarez: ... that's $75.
Mr. Colodny: And, Mr. Mayor, if I might...
Mayor Suarez: You know, we have an ordinance. Let me tell you this, we have
an ordinance for the towing of vehicles by the City initiated by the City, by
our Police Department, and that ordinance was done on a competitive basis and
I believe it specified that the basic fee was, which is it thirty-five or
forty-five?
Officer Shannon: $45.00.
Mayor Suarez: Forty-five dollars. And the competition for towing in those'
regions was incredible. We had to divide the City into something like four
regions and we had six regions and we had two or three companies for each one.
That's how people out there in your industry feel about the rates that they're
willing to compete at. So I think, with all due respect, unless that test was
totally wrong for some reason, that those fees that you're charging are too
high and I'm happy that we're going to restrict it to a lower fee.
f
t it
Mr. Colodny: Well, Mr. Mayor, if I might humbly indicate, I don't think it's
the place of government to get involved in the private area and may I point
out some points to substantiate that before you get too mad at me. Let we
point out, number one, that in...
Mayor Suaret: No, I don't get mad, I just vote against you.
Mr. Colodny: Well, I'm grateful for the opportunity to try to change your
mind. In six years, Midtown Towing has not raised its rates. Notwithstanding
the fact that in six years we have, due to the county and the City updating
Its regulations, gone from no regulations as to insurance provisions to having
to provide a half a million dollars in insurance provision. We have to have a
physical facility in the City. We have all the incumbent insurance raises
that have gone on and escalated over the last...
Mayor Suarez: Who requires you to have a physical facility in the City?
Mr. Colodny: It's in your ordinance.
Mr. Plummer: Yes.
Mr. Colodny: It's in the state ordinance that you cannot tow from private
property...
Mayor Suarez: OK, state.
Mr. Colodny: ... to a facility for more than five miles away. The City of
Miami being ■o physically large, we maintain a facility centrally located, in
our case, on 79th Street. We've been affected by the insurance escalations,
the workmens comp escalations, the liability escalations, the gasoline
escalations, the tire and maintenance escalations, the need for the
replacement of vehicles. I think what you'll find is that the posted rates
that are contained in the instant ordinance are more than 50 percent lower
than the average of all the companies that post their rates at this time with
the City of Miami. I think it's to be noted that while the bid situation,
which was for the City, work - we must maintain 24 hour availability of the
yard and of the personnel. We must, by contract with these private people, be
available no matter what the weather is, no matter what the time of day is, to
move off of a private property. These towing companies, Midtown and other
companies that are present today, render a service. I think it was pointed
out and the question was made as to minority employment. These are all
minority employers. Matter of fact, many of these companies are minority
owned companies. The rates that have been established are purely arbitrary,
purely arbitrary. Notwithstanding the fact that the ordinance clearly says,
excuse me, the state statute, "that this municipality, as does any
municipality, has the right to regulate, there must be some showing of a
public purpose, a public need, or some violation on the part of the affected
regulated industry, which causes this. And there's been no record made and
there's been no presentation made except some people think the charges may be
too high. I don't think it's the purpose of the state statute or of the City
of Miami ordinance to have government interfere in private enterprise. I
think it's specifically very, very important to note that in the working up of
these ordinances, I don't think any calculation was made to ascertain what the
numbers as now set forth in the proposed ordinance as maximum towing fees,
will do to these people. And I think the testimony you would hear today from
my client and from the other clients will show that this is, to an extent,
such a drastic reduction its confiscatory. You're going to put these people
out of business. If you look at the liability insurance question, the
gasoline question, the licensing question...
Mr. Plummer: Sir, can I ask you to address one area you haven't done?
Mr. Colodny: Sure. What's that, air?
Mr. Plummer: OK and I think the Mayor touched on it. I realize, like
everybody realize, costs have gone up. There's no question about that. But,
the City put out a contract for which it was a "dog eat dog" competition to
come in at 455 a tow. Now, why is that unreasonable a standard to apply
towards private? What's the difference?
Mr. Colodny:
There is a difference.
119 December 15, 1988
t
Mr, Plummer: Well, that's what I'd like you to address.
Mr. Colodny: The difference is that that is a public business given to a
specific award of a bid. The people have a concept and an understanding of
what they have to provide. In these private contracts, we could have
equipment sitting around for Meeks. We keep the personnel on, we pay the
Insurance and if the private individual with whom we have a contract doesn't
have need of our facilities, our equipment sits. We have no guaranteed source
of business and an analysis, and I don't think the City at this point has done
that analysis, of the costs of our operation and what it costs us to open the
business every single day will show, and I think it will clearly show, that at
the rates that are set forth in this ordinance amendment for the towing from
the private property pursuant to the contracts, these companies will go out of
business. They cannot afford to maintain the insurance, maintain the people
on call, maintain the lots. The types of business that the City assures the
bid awarder - the bid winner - is different from the type of business that
this ordinance is set forth to cover. It's apples and oranges. I realize a
tow is a tow.
Mr. De Yurre: Sir.
Mr. Colodny: Yes, sir.
Mr. De Yurre: You're talking about arguing that it's not enough money. Now,
on this side, we have Freeway Towing, Molina Towing, Southland Towing, and
they're going to get up right now and tell you that $45.00 is adequate and
they're in the same industry that you're in. So...
Mr. Colodny: And I think one of the things that you will see is that the
entities that you have pointed to are the large concerns, who have the City
contracts, who have a big volume. They're not the "Mom and Pop" operations,
the 3, 4 truck operations that are licensed to exist.
. Mr. De Yurre: How many trucks do you have?
Mr. Lichtman: We have ten trucks.
Mr. De Yurre: Ten trucks.
Mr. Colodny: And we.. and...
Mr. De Yurre: How many do you have?
UNIDENTIFIED SPEAKER: Ten.
Mr. De Yurre: Ten. Where's the "Mom and Pop" operation here?
Mr. Colodny: I think you'll see...
Mr. Lichtman: If you change the ordinance, I go out of business.
UNIDENTIFIED SPEAKER: And I do too.
Mr. De Yurre: No, it just means that you have to go into the county and
charge those fees.
Ms. Lorraine Lichtman: Excuse me, can I say something?
Mr. De Yurre: Yes, ma'am.
Mayor Suarez: Yes, please state your name.
Ms. Lichtman: My name is Lorraine Lichtman and I'm owner of Midtown Towing.
In the towing business, I've learned a lot and I met a lot of people. I towed
from immigration, I have people that go over there, ladies that come to pick
up their car with small children or a pregnant lady, which I tell my drivers
if they see her, please, even if the security tells you to take the car, don't
take it. I have a lot of no charges. You know, God has done a miracle in my
life and changed my life and I have so many people that come - what do I tell
a lady that comes to immigration from Delray Beach, OK, to get some kind of
papers and finds out that we towed her car and she's got $30 in her pocketbook
or $20 in her pocketbook. I give her the car back. I do give her the car
back. I have proof of that.
120 December 15, 1988
Mr. De Turre: And I'm glad you do.
Ms. Lichtman: All I'm asking...
Mr. De Yurre: Now, what do I tell the person that Comes to me and says, these
guys charged me $200 last night and I couldn't get the car out?
Ms. Lichtman: Excuse me...
Mr. De Yurre: OK?
Mayor Suarez: And they wouldn't give me my car back unless I paid them in
cash, etcetera, all the abuses.
Ms. Lichtman: Excuse me...
Mr. De Yurre: That's it. And I don't want to get into an argument...
Ms. Lichtman: I don't want to get...
Mr. De Yurre: OK?
Ms. Lichtman: No, I don't want to get into an argument with you either.
Mr. De Yurre: Yes, because this is a pretty emotional issue. You can have
people....
Ms. Lichtman: No, wait a minute.
Mr. De Yurre: .. giving testimony here left and right from experiences.
Ms. Lichtman: No, I understand. But it's just like an attorney who has a
job. How come one...
Mayor Suarez: What would be a fair fee? Are you arguing against the
regulation of the fee?
Ms. Lichtman: I see a fair fee of, I think, $75.00. I'm not telling you.-..
Mayor Suarez: Seventy-five... which is what your minimum charge is, right?
Ms. Lichtman: Minimum charge. I'm not saying $140, I'm not saying $200.
Mayor Suarez: And our ordinance is calling for what, .forty-five minimum,
maximum?
Mr. Fernandez: According to the class of wrecker or towing vehicle that's
used, it ranges from $55 to $90.
Mayor Suarez: Fifty-five to ninety.
Mr. Fernandez: And, of course, from that an administrative charge of ten
dollars is subtracted. So you're really looking effectively to the towing
operation forty-five to eighty.
Ms. Lichtman: OK, and the storage rate, I don't understand what, you know...
Mayor Suarez:
Let me be reminded first, if I may interrupt
you...
Ms. Lichtman:
OK.
Mayor Suarez:
... what are we proposing for storage, a normal vehicle?
Mr. Plummer:
Six. In this ordinance.
UNIDENTIFIED SPEAKER:
Six hours.
Ms. Linda Kearsont We're proposing - I'm sorry.,.
Mr. Fernandez:
Six.
Z�
F
121
Ma. ltsarson: ... for the tow, we're proposing for a normal Vehicl6s , ,
Mayor Suarez: Storage, storage, storage; storage...
Mr. Fernandez: Storage.
Ms. Kearson: Storage, six dollars.
Mayor Suarez: And you think it would be reasonable at what, for a normal...?
Ms. Lichtman: Ten dollars.
Mayor Suarez: A day?
Ms. Lichtman: Ten dollars.
Mr. Plummer: Wait a minute, didn't the City contract $10.00?
Ms. Lichtman: And I usually don't...
Mr. Colodny: The City charges twelve.
Mayor Suarez: Let's check to see what our own contract...
Ms. Kearson: City contract is twelve.
Mr. Plummer: City contract is twelve. Why are we only giving them half?
Ms. Kearson:
Because we're allowing them to begin charges
after the first six
hours. In the
City con...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez:
Please, please, please.
Ms. Kearson:
In the City contract, they have to allow the
first twelve hours
free storage.
Ms. Lichtman:
I give the first 24 hour free storage.
If somebody's in
immigration all day and they call me up and I tell them
I got their car, I
say, well, you
might as well leave it here for the rest of
the day.
Mr. Plummer:
It's cheaper than the parking rates.
Mayor Suarez:
Would you rather have a minimum 24 hours free storage and then
$10.00 after that?
Ms. Lichtman:
Yes, I would, sir.
Mayor Suarez:
It sounds reasonable to me.
Mr. Lichtman:
Sir, we would rather have the same storage fees as the City, if
not more.
Mayor Suarez:
Well, we're heading in that direction
if that proposal's
accepted.
Mr. De Yurre:
Ten dollars after the first 24.
Mayor Suarez:
After the first 24 hours.
Ms. Kearson:
After 24 hours.
Mr. De Yurra:
OK.
UNIDENTIFIED SPEAKER: Mr. Mayor, why...
Mayor Suarez:
Please, please, we'll hear from each one that wants to be heard
as quickly as
possible.
Mr. Lichtman:
Sir, I'd like to emphasize something. It's
been..,
122
December 15,.18 f'
e or; Suares: She's hit both issues ofstorage feesacid the basic tbvlfta,
16haits Va haven't changed the proposal on that, but, we mays, and so ' if you '
�a' either address those or whatever else you want to tell us about,
Ire Lichtmant lt's been my discretion to release a car to somebody whbis bash
towed for less than the actual towing fee, Sometimes we release them for $1
if that's all the person's got. Sometimes W o sometimes...
Mayor Suarez, We can't deal with the situations you do voluntarily. We've
got to deal with the things that you're mandated under the law so that people
will not be charged excessively. if you do better than that voluntaril7,
we're happy about that, but that's...
Mr. Lichtmant Well, if we've got to give ten dollars to the City for every
car that we tow, I might as well just leave people standing on 99th"Street:
crying, because they do come there crying and I have a.heart`and I release,..''
I've released cars for nothing,
Mayor Suarez, OK, that's a good point:; Ndw,<<we did not ,have any`:
administrative fees to be charged before, ,right? .'This,'is a new imposition?
Fernandez: Correct �Mr.
Mr. De Yurre: We11, we get that from type private ';�?rtnF'f
,ti t Oft i- r�4x A
Ms. Kearson: We11, with the CtyY tows,5` wee rdo6 charge �theFadministrative pfee
;Pt�fir"`'d �"g4
T.i..ii,�4,��J..�tts+.m..4.rti,W, ,...., '"..,.i
r'Suarez: Yes
Kearson: That
�'!8 : • LiClltman: jmXcuse me j; . wadL u�
ahat'I have to keep in my yard
Mayor. Suarez: That'a why, for
charge altogether, we don't neec
other comments on other aspects
UNIAENTIFIED SPEAKER: Yes,
Mr, Mark Brooks: Mr. Mayor, xR
;t
<`IpENTIFIED SPEAKBkGQhoa
C G 'YES
rf hi Ekrvt J�1''.
T
!r1 t,ia z 4
l 1 i1 29
the; ,
Mr. Brooks: But, I consider a company that has a City contract, that does tow
sixty to seventy-five cars a day, can definitely charge $45-$55 a car. I have
rio problems with that, not to mention, I see them parking cars on City
property. They don't have to pay rent, they don't need a certificate of
use...
Mr. Dawkins: You're right.
Mr. Brooks: I need a wall, I need dispatchers, I need security, I need
everything to maintain my business. Why do they tow cars from the City right
on City property and release them for whatever price it is there? I mean, I
can't afford to do that, they won't even let me do that.
Mayor Suarez: How many does your company do a day on a typical day?
Mr. Dawkins: You were right, you should be allowed to store them right on I-
95 like everybody else free. I agree with you, I don't have no problem with
that.
Mr. Brooks: I would have no prob...
Mr. Dawkins: You're right, I ain't got no problem with that.
Mr. Brooks: And you know something, I could charge $55 a car.
Mr. Dawkins: That's right and if we allow anybody to use City of Miami's
property free for towing cars, you should be allowed the same thing.
Mayor Suarez: How many do you do on a typical day for comparison?
Mr. Brooks: Ten to fifteen cars a day I tow.
Mr. Simms: What we have here is the income, the accountant for the company
has prepared a ...
Mayor Suarez: You know, I hope you're representing him because you've taken
the microphone away from him twice now and I...
Mr. Dawkins: Well, he represent a whole group.
Mr. Simms: Well, he's paying me so I'm sure he's not...
Mayor Suarez: All right, well you are representing him.
Mr. Simms: All right, he had provided - the accountant had provided a
statement of income and expenses and they charged $125 for the complete towing
which includes entry to the car. That's a fee which is all comprehensive,
rather than store it. But even at that fee, showing just looking at the
October of 1988 figures which show $125 per tow, they grossed that month
$33,000 but after paying all expenses including, of course, their salaries,
they netted only $3,200. That's at $125 a tow. Now, what they're saying is
very simply is this, that if they have to reduce their rates by 60 percent
under this new ordinance, they're not going to be making $3,000 a month,
they're going to be losing $15,000 a month. In other words, this company, if
this bill passes, will be legislated completely out of existence, no if,
ands, but's or maybe. They're only making $3,000 net profits per month right
now and that's what officers salaries are $4,500 a month for 3 officers.
They're not paying themselves $6,000 a month. That's $4,500 for Mr. Lopez,
Mr. Marks, and the other owner of the company.
Mr. De Yurre: And that's all checks you've received. There is no cash in
this operation, right?
Mr. Simms: This is all cash.
Mr. De Yurre: Oh, OK. I'd like to hear, Mr. Mayor, from the other side
because I know we got the industry there also and they can live with the
forty-five. We can have representatives of Southland and Freeway and Molina
say a couple of words, I'd appreciate it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
J
Y .
f
126 December ISO 1+�$
Mr► Joseph S. crato, Jr.! Gommisnionera, Mice Mayor, Mayor, how you doing?
I'd like to say that fbrty...
Mayor Suarez: Give us your name and address, please.
Mr. Cratot Joseph S. Crato, Jr;, 15650 S.W. 105 Lane. And I'd like to say
that the $55 for the private tow is perfect. There's nothing with the $55
tow. We're towing for the City for $55, $10 administration if the car is
there after three days, then we charge the $10 administration. Twelve dollars
d t t 1
a ay s orage on a a o en recovery.,.
Mayor Suarez: Wait, a $10 administration is not charged unless the car was
there for 3 days?
Mr. Crato: The car has to be in our lot, impounded, for over 48 hours before
we charge.
Mayor Suarez: Oh, by the third day, OK.
Mr. Crato: Right.
Ms. Kearson: Just for clarification, there are two separate charges here.
Under the City's contract, the towing agency is allowed to keep $10 of
administration charge for the agency. They also give the City of Miami $10
for our administrative cost.
Mayor Suarez: If it...
Ms. Kearson: No, no if's.
Mr. Crato: If the car stays over 48 hours, we are entitled to $10. If the
car does not stay over 48 hours, the City still gets the $10, but regardless.
The $55 is a good price. We tow approximately 5 cars a day for the City of
Miami Police Department. I have the same, if not - let's just say the same
equipment, OK, as this side of the room. I have two lots, we house maybe 300
cars. Sometimes our trucks sit there also. We might get one City call a day,
we might not get a City call all day. We are also on 24 hours. We are open
24 hours. I have two shifts of drivers. It is a good price, $55 it makes the
companies with a clean reputation, they want to stay that way with the public.
If the public can live with it, we don't have any problems, there's no bullet
proof glass, there's no walls, no nothing. They come in, fifty-five, they
say, why isn't it a hundred? It's a joke in our company because we keep it at
that and it's a safe price for the public and for the reputation of Freeway,
Molina, Southland, we believe in the $55. We've never been sued. If you
keep - another thing I want to make sure that you're not fooled about is the
guy with the $2,500 worth of tools in his truck. If you come to a towing
service and you pay the $55 without all - $20 to unlock the car. We do that
for the City, $55, we unlock, we put dollies, we do flatbed, I have state of
the art equipment, all new equipment. I do the same thing they're doing, if
not more, and the price is fair, we don't have that problem with the people
saying, this is missing and this is missing because they think we made a
mistake on the bill when we charge them.
Mayor Suarez: Do you remember how many companies bid on the contract that you
were awarded?
Mr. Crato: Approximately 8 companies bid.
Mayor Suarez: And that was just...
t
Mr. Plummer: Oh, more.
Mayor Suarez: ... one of the regions.
stir,
y
Mr. Joseph Crato, Sr.; Yes, the 11 companies bidon that.
Mayor Suarez: We're going to need your name on the record.
Mr. Crato: I'm Joseph Crato, Sr., the president of Southland Towing. When
� sy
�
the companies bid for the towing, I think the easiest. way to got around the
yzt
5�
�r
private tow away is get a hold of the owners of the properties and have them
7:
127 psceftber l�,
rcF A
r
Mr, Crato:
All right i I have Officer Shannon
here who can take
my record'e
have_', on my
administration fees► , I have towed, on -the average
of .205;)ca
month since
April for the City .of -Miami -and
not yet do I have
a,dolly cF
on the tickets. And we have towed everything
that you can come
into.,.'..;'`
Mr, Brooks:
Mr. Mayor,..
f
t
Mayor tuarez Pfeil, that's probably why you won the contract because you saes
to be a very efficient operation. OR,
Hr, Brooksc Mr. Mayor, again, let me reiterate:
Mayor Suarez: Give us the name again each time so that the record...
Mr. Brooks: Mark Brooks, Let me reiterate. These are City contracts.
Police call these companies up to get cars all the time. We have to wait for
property owners to call us to make any kind of money, if we make money at all.
You're looking here, I'm talking thousands and thousands of dollars that I've
had to pay my drivers that I haven't even gotten paid for because these cars
are derelict vehicles that I take from the City, junk, and I got to dispose of
them in my way. Some of these cars don't even have:..
Mayor Suarez: Wait, wait, wait. At one point, one aspect of what you're
saying makes sense which is that they have sort of a guaranteed number that
they do every month because they have a contract with the City. The other one
does not which is that you're implying that they're - it's easier for them to
somehow get payment than it is for you. They get payment from the same people
that you do.
Mr. Brooks: Oh, no, no, I'm making an...
Mayor Suarez: Their vehicles are just as derelict or just as abandoned and
actually probably more and stolen...
OfficerShannon: _If the City doesn't pick up the cars that are abandoned...
Mr. Brooks: Correct.
Mayor Suarez: ... 'as your's`so one half of the argument I understand and the
other half I don't...
Mr. Brooks: I just want you to understand though, they have that steady call.
I don't.: I just want to introduce someone from Fuzz Wrecker who is an ex -
police officer who could tell you who also owns a towing company. I think he
could give some input on here that's really constructive.
Mr`. Nelson Fernandez: Hi, my name is Nelson Fernandez and I'm with Fuzz
Wrecker Service. There is a lot of difference when you do tow on a police
call, for example, when I used to call up for a wrecker, I just stand right by
the car and when the owner would come out, I would tell your, hey, listen,
buddy, you know, I have to go ahead and tow your vehicle out of here. OK?
And on a private tow away, when the property owner calls and the driver gets
out there, you know, the car could be gone, you know, and on a police call...
Mayor Suarez: And they don't pay you when you get there and...
Mr. Fernandez: No.
UNIDENTIFIED SPEAKER: No, no.
Mr. Fernandez: And on a police call', it's a hundred percent sure, you know,
because I'm going to keep the owner there and I'm going to...
Mayor Suarez: Does the ordinance - let me ask a question about those. Does
the ordinance provide at all for a situation when we have somebody calling and.
the tower goes out there and by he time they get there, the car's not there
any more? Can they charge the person who.called them for that?
` Officer Shannon: No,
�z
n+ Mr. Fernandez: You wouldn't want to charge the property owner, we're working
for them. Do you follow? If the car is gone...
r-
Mayor Suarez: I gather it's not a good business practice, but I'm just
wondering if you can under the ordinance.
Mr. Simms; I'd just like to make one point about the real distinction, you
know, since you're a lawyer, you'll appreciate this more. When they tow a
car, they have a lien on it pursuant to 713, the lien chapter, 7137$; �u
129 December 15
q
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k
Somebody sues theca, why aren't there any lawsuits? till
there's a big difference, There's a big difference between
City statute or the City's code and what they tow under when E
tows the car. First of ail, they got a policeman, as these
been pointing out who legitimizes everything It there's any I
raise any ruckus, they're going to go to jail. in other wor
owineri he's going to pay the money or We not going to get hit
why do these people have lawsuits and why don't they, for
reason which, if they win, they're going to find out real qu
what they're going to find out. Under 715.07...
suggest that the provision far four tunes the actual damages illegal because
the state statute on punitive daa,ages, is which they just passed a few years
ago, sets a limit in the state of Florida for punitive damages of no more than
$ tunes actual. So, I would suggest that they'd amend that before...
Mayor Suarez: yes, # was surprised to hear four to one, 1've never heard that
before.
Mr. be Yurre: Fxcuse me, excuse me a second:.,
Mr. Plummer: What you're really saying is, we ought to limit the attorney
fees.
Ms. Maria Crego: I'd like to make a comment.
Mr. De Yurre: Excuse me, excuse me a second.
Ms. Crego: OK.
Mr. De Yurre: You're an ex -police officer? -and what's your name again?
Mr. Fernandez: Nelson Fernandez.
Mr. De Yurre: Where were you a policeman?
Mr. Fernandez: Hialeah.
Mr. De Yurre: You're not the same police officer that they ran a story
allegedly for being involved in some activity out there. with tow trucking
while he was - and that's not you, right?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: Oh, OK, good, I just wanted to make sure.
Ms. Crego: I'd like to make another - well first, I wrote a letter and I want
to read it because, if not, I'm going to forget everything that I have to say. -
Besides that, my name is Maria Crego and I'm from Excaliber Towing. And I do
not tow private property tow sways in the City of Miami, but my parents live
in the City of Miami and they were outraged by what they heard on television
yesterday. They called me up telling me, "you guys are delinquents." That.`.
was my grandmother who, by the way, is 83 years old.
Mayor Suarez: Who said that on television?
Ms. Crego: I'm going to read it and I guess you'll understand. I already
told you, I'm an owner of Excaliber Towing, that we don't tow in the City of
Miami. My grandmother was outraged by what was said yesterday on television.
We, along with many other towing companies, are members of the Professional
Wrecker Operators of Florida who helped to pass the law which now is allowing
you to regulate our prices. We agree that something needs to be done about
the abuses which are taking place, but we feel that you should look into the
possibility of regulating who gets the license to tow rather than for how much
they can do it. If you would be a little bit more strict in your requirements
for the license, every Tom, Dick, or Harry who purchased a wrecker last
weekend couldn't be towing away cars next weekend. And, therefore, the
injustices that are done couldn't be done. I'm outraged that on local
television, as were in many community newspapers, the towing businesses have
been called in Spanish and I'll translate for those of you who speak English,.
-
"Asaltantes del Camino" Which, in English, is translated to be more or less,
muggers. Or that we practically steal...
Mayor Suarez: Let me just say this, we, a lot of times, are infuriated and
insulted by what we read in the media or here too.
Ms. Crego: I understand that, but it puts our name in the mud and our .name
has been dragged through the mud for years, we don't need it any more.
Mayor Suarez: Well, but all we're trying to do is to regulate the industxy.
I don't think anyone on this Commission has made any kind of insulting
;?
statements.
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1�1 - �?e�ember. �5� 19,,��
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Ms. Crego- Mr. be Yurre was on local telavision yesterday on channel 2S.
Mayor Suarez- I'm sure he didn't make a statement like that, you know,
that...
Ms. Crego: I have a copy of the newspaper right here where he says that we
practically steal with a gun in hand. If you want to see it, I'll be happy to
give it to you.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD,
Ms. Crego: Wait a minute. Can I finish reading, can I finish reading? Thank
you.
Mayor Suarez: Well, you've alluded to the Commissioner and he wants to
respond.
Mr. De Yurre: We don't need any hearsays, I'm here.
Mayor Suarez: All right, go ahead.
Ms. Crego: I believe that if the licenses have been handed out by the City,
County or other municipalities for only a small fee, the municipalities should
be considered to be aiding and abetting in our robberies or our thieveries.
I'm very proud of my company and in our community. Along with the public
services that we perform, each year, at this time, we have fund-raising
benefits for kids in distress which just two weeks ago we raised, between
towing companies alone, almost $30,000 for kids in distress. And that's just
the companies, not anything that we stood on corners picking up money. But
tomorrow, by the way, if some of you stand on the corner of U.S. 1 and LeJeune
or those corners, you might see Excaliber's wreckers standing on street
corners asking for money for donations. Besides, also at this time every year
and for a lot of holidays, we tow drunk drivers for free just to avoid the
things that can happen by drunk drivers, because we as a towing community do
realize the injustices that happen to people because of drunk drivers. If
anybody's going to refer to towing businesses altogether as the names that
we've been called, I think that they should back it up with a little bit of
proof as to what we're being called. That's the end of my letter. Also, in
answer to your question of before as to what the differences between the City
of Miami tow and a private property tow away, last week I had a driver out on
a private property tow away. The man came out of his house, thought we were
stealing his car or repossessing his car and hit him over the head. I think
that it's a little bit more of a risk that we're running when we go out to tow
a man's car and he might think or determine or whatever, that we're stealing
his car whereas when we're asked by the Police Department to tow it.
Mayor Suarez: Let me ask a question about that.
Mr. Ramon Crego: And the property manager who signed the receipt took off
running.
Mayor Suarez: We're going to need a name again. We're going to need a...
Ms. Crego: Yes, and the property manager who signed the receipt took .off
running when he saw my driver get hit on the head.
Mr. Crego: He called me up and says, I think your driver's getting killed.
Mayor Suarez: This is like a duet here. Sir, if you're going to speak, we're
going to need your name. But before you do that, let me ask...
d Ms. Crego: He's my husband, Ray Crego, from Excaliber Towing.
` Mayor Suarez: Please, let me ask a question. Does this ordinance at all
apply at all to situations of repossessions? OK. But I understand what you
S mean, that people think that the car is being repossessed.
Ms. Crego: The people think it or if they don't think it, they still feel
like we're doing an injustice.
i
}
Mayor Suarez: And I know those get very nasty, I've got. a great deal: of 4
experience in repossession situations.
132�ember,
i
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y
Mr. Self: i would take 1 would rather take a oheck than a hredit card
because 1 do have provisions
Mayor Suarez., Ch, you don't agree with the rest of the industry there but
that's fine, that's OK, we..+
Mr. Self: Well...
INAUDIBL8 COMMENTS NOT ENTBBRD INTO THE PUBLIC 1=6"S.
Ms. Lichtman: Stop payment immediately after they leave the window.
Mr. Self: You still have provisions in court, on credit cards you don't,
Mayor Suarez: You two are like the chorus here, you know, the rest of the
guys are the main speakers and you're like the reactors or something here,
But it's going to be a mess on our record, you know, please.
Mr.Self: On the credit cards, we do not have any provisions to collect. At
least on a check I do have some ramifications where I can go back and collect
from the person or put a lien. But it's an important issue to look, the fact
that it's two different types of towing we're talking about here.
Mayor Suarez: I gather that's been stated very well and very completelyby
all the opponents. Let me say this...
Ms. Raffel: Excuse me...
Mayor Suarez: ... and I guess you want to make a statement too. For myself,
although I see a rational basis between the statute, the ordinance and the
thing that we're trying to regulate. Barely do I see it in terms of the
evidence that we've had so far to be able to withstand any kind of a challenge
and, frankly, I just think we're going to need to look more carefully at the
rates setting aspects of this in view of the differences that have been
pointed out. And so I would see... I still want to do regulating and I still
want to have a maximum fee. I think it's a... and I'm glad you're all nodding
because I appreciate that and I think the Commissioner and Vice Mayor
appreciates that, but maybe we ought to look at this a little more carefully
'
in view of the distinctions that we've heard. And one possibility, Mr. Vice
;Y
Mayor, would be to send it back to the staff for some further hearings where
they can more completely explore the competitive or non competitive aspects of
private initiated versus public initiated:
Ms: Martinez: I can't believe I'm shy. If I may say something.
F
Mr. De Yurre: Well, I like, I'm not... I don't go along with you on that but
I'd like to hear from her, I -think she's got some comments.
=
1,
Mayor Suarez: Yes, and please, go ahead.
Ms. Martinez: I don't know if you recall that I'am Tessie Martinez, I'm a:
�s
reporter for channel 23, but I'm speaking as a public person now and as a.
resident of Miami. And I talked to you the day after my husband's car was
` r
towed by Downtown Towing which is why I'm here because when I heard her say
what she said, I was shocked. We have a date in court coming up and it's
going to be because my husband's car was towed. They charged us $200 and.
h
Ms. Raffel: Who towed your car? k
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Mayor Suarez: Wait, wait, wait, wait; We're hearing from her now
r}mt
'Mg- Martinez: Downtown Towing: °xw
Ms. Raffel: Oh, we towed your car? For 8200? ;
at
if 1,d
-
Mo. Martinez: Yea.
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Mayor Suarez: Ma'am, ma'am, please. :You've had your chance.
Ms. Martinez: And I will tell you the reasons why she said, first of='all,`
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they did not get a signature from us, They were supposed to ;let'us'' know' that°;,
,s.
our car was getting towed. We •found out the next morning,: we 'thought our.
t�.
15 December • 15', iQ$8
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6
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was atelbn and
we had to.,. i &suss # said, well, maybes it was towed arid: �
Itailed and that'a how I found out it was there.
Mayor Suarez:
ghat was the reason for the tbwiftV
Mo. Martinezt
It was illegally parked. It Vas in out hosier in our condo,
But my husband
had Marked it, which is fine, we agreed, they should have towed
the ear.
Mayor Suarez:
It was parked in an area that.$.
Ms. Martinezt
That shouldn't have been.
Mayor Suarezt
... the condominium or whatever does not allow for that.
Mtn. Martinezt
Yes, exactly, because my husband had been unloading some things
the night before
and...
Mayor Suarez-
GTe're not too concerned about your husband unloading. Just: why
was it towed?
rs
Ms. Martinez-
OK, it was towed because it was illegally parked so we; do agree,
ons'that.That's fins.' However, both tires, the` air'was -let out, so they:had:
to use the flatbed.
Now, my husband drove home from work and the air was 'fina
on both tires.
Mayor Suarez:
OK so o`ne of the reasons they charged $200 is they said they
had to use a flatbed.
Ma: Martinez-
Exactly.,
Mr. De-Yurre: Yes, but.
tv� ,
Ms Martinez': I just: think that you needed to hear `from the public that
be cause°we've just been hearing from
the towing :company ', r`+,3
t} 1
Mayor Suarez: Yes, yes, I just
- I'm taking care of your problems as we'go°
alon g: What was 'the other, reason'
that` they said $200? k z'
Because
because they had to the7,.
} Ma Martinez: it was
overnight, use'
w
`flatbed'.
t 4
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£`t Mayor Suarez: A flatbed.
,
Ms,Martinez:, And another:thing,was,
since both tires the ar.was let
` :they had to''.tow it from the place
that .it was in,;.their company, to'.a garage.'
And so, $200... And other things,; happened,.when.4t was in ;their possession the'
car got vandalized and it's ruined. I mean, we've taken it to .several
:
garage...
Mayor Suarez: Well, I presume that's the subject of, your:legal claim} OK,±
but that doesn't affect, the'-$200;:,charge, , -
Ms. Martinez: Oh, yes', .yes.. Not,
the price but "just so. you.know .these ,things.
do happen.
Mayor Suarez;. OK.
Me.. Martinez: And, . like this, . I - mean, . x ..used. to ; work.. txoubls ,shooters- ;
Channel 10 and half the, people that
called'with:problems.were-wit�i the towing
Comp and some regulation has
to be done, something haa.to b- done acid now:
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136 `19Q
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_ _ _ _ _____ __� __ —
Mtkyar guaratt W611, they d6fi+t 106k like ingiis wl
Mayor Suarez: And your name again, Please.
Ms. Raffel: bagthar Raffel.
Mayor Suarez: Do you have any idea why they were charged $2007
Ms. Raffel: The car sat there = i don't know I'd have to look at the ticket,
but I'm sure there's a legitimate reason.
Mayor Suarez: If it was overnight, that wouldn't add anything to
it, would
it?
Ms. Raffel: Nov, if she goes and says that the...
Mayor Suarez: Ma'am, ma'am, ma'am, ma'am.
Ms. Raffel: I'm sorry.
Mayor Suarez: If it was overnight, that wouldn't add anything to
it, would
it?
Ms. Raffel: Sure, it would. Calendar days.
Mayor Suarez: How much would it add? How much?
Ms. Raffel: Calendar days. So if she came in...
Mayor Suarez: OK, overnight is one day.
Ms. Raffel: No, sir, I'm sorry to disagree.
Mr. De'Yurre: It's two days the way they figure :it out.'
..0
Mayor Suarez: Two days? Overnight.
Ms. Raffel: It's two days. Yes, sir, because if they.jcomelon the llth
and it,'';
leaves on the 12th, it's two days.
Mayor Suarez: All right, two days. How much is the charge; for two
days?, f
Ms. Raffel: Fifteen dollars a day is thirty dollars.
Mayor Suarez: Per day? OK, you got $30. What about the other $200,
do -you,.: a
have any idea how that came into be?
f
Ms. Raffel: I don't know, maybe she a hundred and twenty..".
UNIDENTIFIED SPEAKER: She said they took it to a garage. She, -said they took
it to a garage.
r
Mayor Suarez: Flatbed.
Mrs. Kennedy: Flatbed truck.
k
Mayor Suarez: Please, OK. How much would `a flatbed towing cost of
'a normal
car?.
Ms. Raffel: One twenty-five. That's a county contract.
"
Mayor Suarez: OK, we're getting pretty close to the two hundred,
location...
all right.,`, xU.
7ji
And then, if it had to be towed to another
Ms. Raffel: I also would like to state, we also have contracts.,"
a {�
Mayor Suarez: Of course, if you put in on a flatbed, I don't know
why it,
to be taken to a garage to have the tires...
ft
Ms. Raffel: I don't know. Nevertheless, I also state that we do havR
contracts and things like that. But still. the private property,
should..}ta.: ,r"^
left alone.
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Mr. be I'urra;
066d, than, I VoAtlt fitespt the aabridmont because
t thlfik lt!s.
appropriate,
Mr4 ylumsri Did you all gust..,
Mayor Suarez:
You've lost me,
Mr,, Odio: t guess it's more than the ten deliarat`
Mr. Seift Mrs
Mayor,
Mayor'Suaraz:
No, no. Let me hear from thb other;Gor�issioners
�leaae so we
can sea how we're going to act on this,
Mr. Self: Oh,
Ok. All righty.
Mayor Suarez:
Do you want too..
Mrs. kennedy:
ghat is the other amendment, Mr. Mayor: that you were saging..� r
Mayor Suarez:
Well, l was going to propose for first reading
and, again,
subject to further consideration of the competitive factors' in this industry," ;
a higher fee,
I don't know if I was you pickedthat one fairly
arbitrarily..'',
- Tome, $70 might be acceptable or;,$65 or whatever.p
il Mr..` De Yurrec
Mr. Mayor, it wasn't, picked arbitrarily. California,. Los
` Angeles,; has a
similar amount andthere'is no..:
" Mayor Suarez:`
For�a� private."..
fsi1
+ `���" lu�wnvr Ycrr�ave+:nvnaxbk:ti4
tom« lafffelt 'We pay our driter 25; p+L►t'ceht" We pay :for the wtedtr,, W tar
the iA#U-Lance, that"s gofie. afar fee isgote. and by that ti>te v "tt AIrtaft
probably put out.
Mayor Staarez: We understand that You have charges and that the...
Mr. Brooka: mt.. mayor.
Mr.. Lopez: When you have to notify the....
Mayor Suarez: the maximum charge - please, air - has to tape into.adcourt:
all of your requirements under the law and so on.. We understand t$at. 7ha.'t"s
why Vim, proposing that we have more hearings so that you can testify as tO how
much all of that costs you.
Mr. Brooks:
I have a monster here that we haven't addressed. t have a
problem. here a....
Mayor Suarez:
Wait, wait" wait, wait" but before you get to your monster„ fiat.
me deal with the Commission here.
Mr. Brooks: OR_
Mr. De. Furre:.
Are ve still with —
Mayor Suarez..,
Let me deal with the Commission; here:.
Mr. De Tarrer
Are we still - why don."t we close, public hearing so, we-," can
discuss. this.
Mayor Suarez.:
Right,{ well that-"s what. I "m; about to da. w .
Mr. De Yurre:
Are we closing. it7
Mayor Suarez:
. _. but. if there were some people: that still hadn,"t been hearth„
they, might have a right to be heard„ if we were go-ing to act am thds'w
Mr. De Torre:
Well, I think we''ve heard them time and time agate.
Magog Suarez:
If we, were ga,ing to, postpone de:termx-nations and ha * ems:
hearings-,, them.
we wouldm "t have that. concern..
Mr- .De, Furre.:
OR„ well if you want tm hear him, ban= him{.. Tt "m: ready tto mom:
a motion. on this.
Mr. 'rocks-r 1
"m not. f 1-mished them. Vim mat. finished_
Mayor Suarez:
Make it, make it, wait." please.
Mr. Dis gd=re:
CK. My mot.iam is that we ac`capt: theo:rdin as p r offed wi
the outlined changes: as far as the storage„ give them, the 24 his and the
typing it: to ten dallarsi and keeping then F= ,, keeVIIl� avery �Sng
additional
charges other than; the storage and the basic ttCnWF$n� r&tCa_
That's, my motiom.
Magog Suarez:
That."s; im the foam. of a m t-I=. So moved. Dim we as '
secand�'
,
Mars« Wig:
l"m� going to second. r
ffr- nss.
Fa'adamp
NZ. Be ytoro:
First amd second
Mayor Suarez;
Seconded. �«
` Mr. Plummer:
W7*211 „. Mk it al m e„ wait ,]hmst for $gin e�fi $��ft�«
WYL'�LL- WIFiWi'i��i. to
/awl y r� �,.�
1N1'i-at Wept: da� now. WAIF .F+': * L i�io al. -:
first readhslag
r ich is today. 3rf tbft passes today. my. Commissf b1m u�
=d 3 days 1Fimse=rtdiFeai,can, cbango .. taim— iadA.taivy can �}� r ri''i Y'?'{�, • _
Whatever they
want. The only thing you can't make is substantial thangas
96
4660 , In mind
that this thing can be modified, dalat&dj added to between
now,,
and a6c6ftd hearing, All *61ra doing is taking out the time delay.
'OKI
ThAt*§vhAt-,,
tichtmani
Vh6h do&& it go into bfftett
Mr. C616dnYt
After the aoeand reading.
Mr. Plummer.
it would not become law until 20.4aya after second reading,
-Ao' A ffelt
What are we doing about the llt6n@6you say each truck has to
pa
Mayor Suarez.
VhAt isthe4
Mr. Plummert.
No, that's a 11 in, here,
Hay or Suarezi
.. . the issue of the i icanse is: t i I I j in,':,thare
P 1 umme r' *
, -11. in here.
No., it's a still
Brooks., ..'Mr.:'I
Li6htma'n: 'Mr..�,
iarez: riLease
to the� mike ', a' ni
m6htmin: Go
Rick,Nelson: ':, Excuse.,,me I V, ve`bei
Mayor Suarez: OK, on the proposedmot ton', " anything" that has 1,, a;
any one that has not bee n . heard:
ard.� '
Brooks; lost
is of uat=et :4
J!'hat.-It Vhat 2 via -tail* 't D .get tt.. What" "Ut iimbV�bt&
Mr.. Jtooka:: DKira't of al a " at the Tita't tfbt- hg....
S yor Suaret» the Zatne ingait,, PItAte..
�fr.. Il rooks:: Mat`k grookt" :ter.. 1* Tufty.. lut 7 VILVta"'t at .yoU tTtltl 3 eet3tgg
Whet you :met. -with the tontpatiies that vere ftitg the pu:blit lml-riM i'l,t the
ptbllte.. 3ttu tiidn"t ihvite the pri-vate towing t:otnpUtiets. AtyvRay., Iny =tLitter
Lt,, 2 slahmmd you lm"iig at your $I0 a8tnitdS;tratiDn ILM, I ;hafi :here s.1zim t
$.2D„ DDD Im tickets that tt) :one tot paitl fDr„ but I :halt tv psy :InT met. if
haid ttD pay you., that"s an cktre V2D.,sDDD s .year Tor -ME.--
igayor Suuar v: When you :say tir-keta., you"re .not talking about trait tlrAzetS,,
you"re tal dog about....
Mr.. IrDr)kE» 'Tout ticket-s.. Now,, I have tD t t.11
xtayDr Suarez.: 'Dr towing tihargea..
'Mr.. j3rotiks : I must hall 'CIS im the Police Departmemt a hall hour <after Z t mw
im .a veh t:l.e.. DV 11 you pass this atim ni.strat.ivn Ise„ you"re g:oing to have
t cing ;oomganies dec d �ng -vihether this .car is going to be plt;� up cD7 mot
Vhether it"s .a fumk Dr mot.. :Anti if you have that happen„ psaple :are mDt gDl21g
iD cca;U those icaxm im .and them you might :have some .st.oltem Vehicles Vhlrh is
mom �wDek g:Dr the Polime Departmemt., more :money.. Sc),, if you"re g-Di2i9 to peas
this atimiml-stratimn fee„ you"re creat-tzg a monster because you"re mot :Dn43+
g:Dlng to have tmwlng -companties not reporting in sars„ -what <about 'the tvwim- g
.........,�r,,,.nr s.,.+ tFi.ne�n •h-hst ''F. man t_n cn TV :r.P t''hPj.T 'nT1V$te 'bSDDE2't'7� ,$m�i St13IIID .ucst
,.i, `'4 T bpi, S
Nib
Mrx e urret tecauae we trust Y6U,
Mr. trooka: oh> OX.
UNIDENTIP19D SPRAYSASt oh - Oh - all of a auddenx
Me. Rattail What is that outlined cost .x.x..
Mr. Crooks: That' right.
Ms. Rat fel: What is that outlined cost? What is that outlined cost that the
City is paying?
Mo. Lichtman: Can I ask a...
Mayor Suarez: Let me just state, for the record, that I've been handed
something by Commissioner Plummer which is interesting.
our estimate of what
it costs us on a yearly basis to oversee private towings,
adds up to - I think
if I'm reading it correctly - Mr. Manager or somebody from the Manager's
staff, to two million - how much is it altogether?
Mr. Brooks: Please.
Ms. Lichtmant For what?
Mayor Suarez: I can't figure it out, I thought I had a
total figure here.
Mr. Brooks: Is that just private property?
Me: Rat fel: For what?
Mayor Suarez: Do you have ".the, total.figure?
Mr:"Brooks:; Is that all cars towed"or just, private property tow sways?,' ,
Mr. Plummer: No..
t
up with 'a final"~'.figure I thought IN
Mayor":.Suarez: Well, I haven't even .-come'-. .
:if
had " it there, I "didn't. Well, we're' going" to- try ,to get
it. Anyhow," .'so;
we'11.put it in the record.
"thousand
Mr. Plummer: This', is two a: month?
Mr. Brooks:` OK, but that I feel ..
Mayor. Suarez: No, no, you,were going to make"any original
points because` ;i 4
c�
we're going to,vote -on "this motion.
Mr. Brooks: Yes, I'd like to invite somebody to'take
r
a?- invite somebody to_
my company. ..
� ,,
'
Mayor Suarez: That's been done, that's been done.
f
Mr. Brooks: No, it , hasn't.
(Y�V
Mayor, Suarez: And I'm going to close off debate No,
no, it""was invite .. I A�
mean, the invitations been given.
i4r `r�u
j r
,i Ceti
Mr.' Amato Lopez: Mr. Mayor, I'd like to add...
z
Mayor,Suarez:. Your name one more imp, sir.
>`r
Mr. Lopez; My name is Amado Lopez and I'm one of .the owners of Magnum. I'dr.,
appreciate from going to muggers to.trustworthy. people
like to say I really
that you now trust us, I really like that. Second of
all, you know like .the
,1
'
lady stood up for Channel 23 or whatever that she.was
charged $Z00. I'm not f�
`
here saying that that's not too much money but think
about this. You know,
everyone thinks that we go and we charge a hundred dollars and run out the
back door with it. How big of a scratch do we have,
to put ,on. ons
Cara for a body man to charge us a couple hundred dollars to; paiht; the who;a p �"
fender? OK? That's one issue. You know, there...
ar� �.
` 145
r
..br�ff_Tl,�r '
. +'x�,w,•<�,�.;n•..:+u e,,..,,o-wase�'yaa��L,�
Mayor Suaret: Wait, wait, wait, waits Let me ask bur City Attorney
something, 1 mean, the implication is that every time they put a scratch on a
tar but there, after it's been towed from an illegally parked location or for
some other valid reason, that they're responsible. 1 would think that that's
not the lam in the state of Florida, is it?
Mr: Lopez: Yes, sir, it is.
Mayor Suarez: Please, pleases You guys all City Attorneys?
Mr. Fernandez: Your question again, Mr. Mayor.
Mayor Suarez: I mean there's some ordinary scratches that are expected every
time you tow a car. A person can't claim, if their car was parked illegally,
to recover from a towing company because the car was scratched when it was
towed, can they?
Mr. Lopez: 715.07 says so.
Mr. Fernandez: Yes, they can claim. They can make the claim.
Mayor Suarez: They have to prove negligence or something.
Mr. Fernandez: Well, of course, they have to prove it.
Mayor Suarez: I mean, there's just some ordinary... OK. All right.
Mr. Fernandez: They have to prove it. They can always claim.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, finished on any objectors. I don't know what you
can possibly add to this discussion at this point.
Ms. Gloria Rosello: Well, Mayor, my name is Gloria Rosello and my husband I. .
a doctor and his car have been town a lot of times.
Mayor Suarez: Remember, we have a motion and a second. So address that,
please.
Ms. Rosello: Well, I'm just speaking - I live in Miami. I would like to
speak in the public side. And it has never been less than '$100 And
sometimes the towing car has been right there. He had arrived at the moment
they are towing the car and he had to 'pay cash for it. Right there, without
towing it.
Mr. Mike Coldny: That's half the price.
Mayor Suarez: Half price, is that the way they... '
Mr. Lopez: Mr. Mayor, let me add...
Mayor Suarez: Does the ordinance address that?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: What does it say?
Mr. Coldny: State law.
Mayor Suarez: Half price. Oh, it's state law"so our ordinance just complies[
with state law on that. OK. We have a motion and a second. '
Mr. Plummer: I'd like to ask a question administratively. Mr. Manager...
Mr. Dawkins: Under discussion. Mr. - Representative Luis Morse, don't leave..
I don't know why you walked out of here, your Representative Luis Morse was
standing back there taking all this in. Go right ahead, Commissioner Plummer.
Mayor Suarez: I think what the Commissioner is trying to say is we'redoing
your work for you because this would have all been done very well by the State`
legislature. Commissioner Plummer.
146 Aecamber 15,
--+�r^!'.t, r_�r',*: ^'^^-,�m^y�j' jY'I rp ,.a..�,�..,..,g. �-•rr^s 1..+-,".i�'�'"7^r, v"^J s�'QVs--r+.✓.... ,....., .. _ _
u.0 .S� r v < .i ni W..tSvl:niawuWliYN1i,N' -
Mr. Plummert Mr, Manager# I notice on this paper that was handed to me that
there are nine employees of the Police Department that work on this full time.
Officer Shannon: Those are the girls that work up at the CIS desk on a 24
hour basis.
Mr. Plummer: I'm just reading from the sheet that I have here nine people
involved. Is that correct?
Officer Shannon: Right,
Mr. Plummer: OK, how many of them are sworn officers?
Officer Shannon: None.
Mr. Plummer: None?
Officer Shannon: None.
Mr. Plummer: Thank you.
Officer Shannon: Mr. Commissioner, those three officers that are assigned to
the wrecker squad right now, myself and Officer Hayden who is recovering from
gunshot wounds and Officer Choate.
Mr. Dawkins: How long before we're going to vote on this?
Officer Shannon: Those figures for our salaries are not included in there.
Mr. Plummer: Thank you.
Mayor Suarez: OK, any further discussion from the Commission?
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'm going to vote for the regulation because I think that this
is the way to attack the enemy. Now I cannot understand how I've got
compassionate people over here and no compassionate people over here and Mr.
Mulvena got some people who are damn right rude in that we have citizens who
come - visitors who come from out of state and park their vehicles downtown
for a minute and when I look up, I've got to go with him to say here's a guy
from Minnesota where his car was towed and he is a visitor to our land and we
have towed his car away. Now, I can't understand how they can be
compassionate and you've got people that we employ who will not extend that
courtesy to our number one industry, tourism. I don't understand that. And
maybe this is my way to get it across to you, I don't know but that's why, I
don't know.
Mr. Plummer: Leave Mr. Mulvena alone, I'm going to get him later on the
meters.
Mayor Suarez: I would hope that...
Mrs. Kennedy: He says, so who's bothering you?
Mayor Suarez: ... that as these things are further refined, if they indeed
`
are refined, that we take particular consideration of automobiles that don't
belong to local people which is what the Commissioner, I think, is getting at.
And many, many states and cities have special rules to apply to out-of-town
}
people because this is their first and only impression sometimes of our City
when they get towed and charged and you can usually tell from the plate, I
think, if they're rental vehicles.
Y'
Mr. Plummer: You know, I think we ought to keep in mind that the City of
Dallas, Texas gets for the general fund roughly $2 million dollars a year to:
their general fund from towing of vehicles and storage. It's all done- in-
<-
house and it's $2 million in revenue to them.
;?
Mr. Lopez: We're all for that.
147 Decetabe
�
r
l-
Mr. Dawkins: And Representative Morse, 1 will be with you to see if we can't
meet with the Dade delegation because 1 am a little ticked off to know that if
I got a scratch on my car and they've towed it, all I got to do is go and
claim that they put it on there and get my car painted. That's unfair.
Mr. Lopez: How about the Alpine that stopped playing?
Mr. Dawkins: And I would like to meet with you and then we go before the Dade
delegation and see if we can't do something to change the State law,
Mayor Suarez: Commissioner Plummer wanted to ask you about the Alpine,
whatever it is that you...
Mr. Lopez: Well, some people even claim that their radios stop working after
we tow them. I mean the $20,000 under the seat, the Alpine that stopped
working.
Mr. Plummer: That's why I was saying from the inception, sir...
Mayor Suarez: The Alpine? What's the Alpine?
Mr. Plummer: ... for your protection as well as ours that they should be
inventoried.
Mr. Simms: All right, the best case of all was that Mrs. Wright who Channel 7
went out to and it was on television because they had the big problem out at
Galactic Towing. Mrs. Wright claimed that her entire car was destroyed. To
make a long story short, after a trial on the matter, Mrs. Wright was awarded
damages in the total sum by that horrendous Galactic Towing of zero and yet it
made the news. It made the news that Galactic Towing destroyed her car.
After a trial, she couldn't prove anything. This is the problem. That's what
you guys hear, you hear that towing companies are doing all these things,
maybe there are isolated instances, but the whole industry shouldn't be
punished for it. And when these cases do go to court, you ought to see what
happens down there in the courthouse. These guys fare pretty well even when
they represent themselves without an attorney, they win most of their cases.
Those guys never go to court. As a matter of fact, the only case pending now
against them is a case by Magnum Towing against Dade County and Dade Wrecker
Service where the county, pursuant to a police officer's request, towed a tow
truck belonging to them off private property and they're suing because Dade
Wrecker Service and the county charged them $186 to get their tow truck back.
And they're the ones that charge two fifty, and we're suing them. And we're
also moving...
Mayor Suarez: Counselor, we don't want to go through all of the possible
cases that may come up and all the possible claims. We've got many other
items. Anything further from the Commission? OK, we have a motion and a
second. Read the ordinance, Mr. City Attorney. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 42, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE",
ESTABLISHING MAXIMUM TOWING AND STORAGE RATES THAT MAY
BE CHARGED BY BUSINESS ESTABLISHMENTS ENGAGED IN THE
PRACTICE OF RECOVERING, TOWING, REMOVING AND STORING
MOTOR VEHICLES WHICH ARE PARKED ON PRIVATE PROPERTY IN
THE CITY WITHOUT THE PERMISSION OF THE OWNER OF THE
PRIVATE PROPERTY HAVING BEEN GRANTED FOR SAID PARKING;
PROVIDING FOR THE METHODS OF PAYMENT THEREOF;
ESTABLISHING THE TOWING AUTHORIZATION PROCEDURES AND
SANCTIONS FOR FAILURE TO COMPLY THEREWITH;
ESTABLISHING THE STEPS TO BE FOLLOWED IN THE COURSE OF
TOWING VEHICLES; ESTABLISHING LICENSE FEES MORE
PARTICULARLY AMENDING CITY CODE SECTIONS 42-74, 42-76,
42-78 AND 42-79 AND ADDING SECTIONS 42-80 AND 42-81,
CONTAINING REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Vice Mayor De Yurre and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
148 December 15, 1988 -
Mayor Suarez:
MadamCity, Clerk, as
I mentioned,'. to you and I'd like th
.Commission's
indulgence on -one ;item. '.I'd,'like
to reconsider item`-39
state my, abstention
on that vote.
Could .you .move that ,for` me
reconsider 39
very quickly.;
Mr. Plummer:
Sure.
Mrs. Kennedy:
Sure, moved.'
Mayor Suarez:
Would you remind us in
the meantime how we voted'on.it,sothal
all of the
other Commissioners can
vote accordingly. Did you .move ti
reconsider it?
Mrs. Kennedy:
Yes, I did.,
Mayor,Suarez:
J.L., would,you;a econd 'the
s
reconsideration?,
a
w
Mrs. Kennedy
Will you. second?
f
l if
Mr. Plummer:
Yes
tI
y ti
l� t N14 zY y.
Mrs. Kennedy
To reconsider.
rr;
Mayor Suarez:
Call the roll on the re.,..'
r
Me. Hirai:
It was a' first reading move ' by. Co:aa►isaioner Plummer, ._aecoad b
Commission Dawkins.
Mayor Suarez:
OK, would you call the.roll:on
the motion for roiasideraton?
Me. "Hirai; Who seconds it, Commissioner Kennedy?
DOOR
� � RfiE1 'fib
Ms. Hirait All right.
Mr. Piumm6rt For the reconsideration.
Mrs. Kennedy: Yes.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88=1176
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON FIRST
READING ORDINANCE CONCERNING "GARBAGE AND TRASH" TO
PROVIDE THAT ALL PRIVATE HAULERS BE REQUIRED TO GIVE
WRITTEN NOTICE OF THEIR INTENTION TO DISCONTINUE
SERVICING A COMMERCIAL ESTABLISHMENT.
(Notes This item was immediately thereafter passed on
First Reading, with Mayor Suarez abstaining.)
Upon being seconded by Commissioner Plummer, the motion was passed
and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Mayor Suarez: I just want to state for the record and I presume the roll
call
will otherwise not be affected because I'm not adding anything substantive.
I
have to abstain on item 39 I've been informed by my law firm that we do
some a
work for an association of haulers and it could be a conflict, I think,
with
this regulation, although...
_
Mr. Jorge Fernandez: Correct.
Mayor Suarez: ... pretty indirect and.I so state for the record ,that
I'm;
abstaining. Would you please call the.roll. Oh, I'm sorry.
40
Mr. Plummer: I'll move the item now as originally presented.
Mayor Suarez: Did you second the motion...
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 22-2, ENTITLED ,
"COLLECTION SERVICES, CONTAINER USAGE, CONDITIONS AND
REQUIREMENTS FOR PLACEMENT LOCATION", OF CHAPTER 22,
ENTITLED GARBAGE AND TRASH", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT ALL
z `'
t;
PRIVATE HAULERS UNDER THIS CHAPTER GIVE THE DEPARTMENT
DIRECTOR PRIOR WRITTEN NOTICE OF THEIR INTENTION TO
f
DISCONTINUE SERVICING A COMMERCIAL ESTABLISHMENT AND
THAT PRIVATE HAULERS WILL ALSO MAIL ONE NOTICE OF
DISCONTINUANCE OF SUCH SERVICE TO THE AFFECTED
'
COMMERCIAL ESTABLISHMENT; FURTHER AMENDING SUBSECTION
22-32 (d) OF SUCH CHAPTER, ENTITLED "ENFORCEMENT AND
J
t r'Za
ADMINISTRATIVE FEES", TO PROVIDE THAT A COMMERCIAL
ACCOUNT WITHOUT WASTE COLLECTION SERVICE SHALL BE
E'^
ASSESSED AN ADMINISTRATIVE FEE OF $250.00 PER DAY;
" CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
f'�f
r 1 7�d
Was introduced by Commissioner Plummer and seconded by Commist3ionex' ;5
Kennedy and was passed on its first reading by title by the following .vote:
AIL 441Pc:.��u}....3a+.
AYRS
Commissioner
J. D. Bluffter, Jr.
Commissioner
Rosario kannedy
Vice Mayor Victor De 'yurre
MS..
None.
ABSTAINS
Mayor Xavier
L. Suarez
ABSENT:
Commissioner
Miller Dawkins
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.
38. A. SUPER BOWL EXTRAVAGANZA: Designate January 20, 1989 as one of the 30
days reserved by the City for use of Bayfront Park in connection with
the event.
B. Grant $50,000 to the Super Bowl Committee to cover rental fees for
use of Miami Convention Center by the National Football League (January
22, 1989 event).
Mayor Suarez: Mr. Manager, I'm being queried here on the item having to do
with the Super Bowl committee and whatever funding or other support they're
seeking. Is that on the agenda for today?
Mr. Odio: Item 85.
Mayor Suarez: How does the Commission feel about taking this item out of
turn? I see former State Senator Dick Anderson. Are you here on that by any
chance, Mr. State Representative, your excellency and provider of -a good chunk
of 21 billion dollars to our jurisdiction. -
Mr. Plummer: As long as they're not asking for any money, let's hear them.
Mayor Suarez: I mean, I think it's a fair warning to state, Dick, that the
Commission I don't think is in a position to be recommending any funding. If
you want to give us a status report other - well, you can go ahead and try, I'
mean, everyone else that's asking for funding is going to be taking their
turn.
Mr. Plummer: Take your shot. Take your best shot.
Mrs. Kennedy: Go for it.
Mr. Dick Anderson: Thank you, Mr. Mayor, and I would like to give. you a
update of what the Super Bowl Host Committee is doing at the time and the
request that we, yes, do have for the City of Miami.
Mrs. Kennedy: Ron.
}
Mayor Suarez: We did, by the .way, at least cooperate with you today -to-the
extent of making all of our facilities available and all the filming .was done'
by USA Today and all of that. I do want to put that on the record in case
this doesn't go too well from this point forward.
Mr. Anderson: That's OK, you get on national TV and that never hurts.
Mayor Suarez: See, he's got to say that to me now.
Mr. Anderson: First of all, just to give you a little bit of a background, T
won't be lengthy. Representative Silver, your indulgences as our legislative-
liaison. The Host Committee was formed in May of 1987 and has 31 members
appointed by the County Commission. We have 15 standing committees, each with
their own chairman and each with their own committee chairmen as well as
staff. And the process of putting on a Super Bowl has been developed for two
very important reasons. The first being the direct economic impact for South
Florida and mostly for the City of Miami is between $150,000,000 and
s fi?
Sti
"t YS�: sib
151 Does mber 15,
$180,000,000. The two team hotels are in Dade County, one at the Omni. The
press hotels are all in the City of Miami, the Hyatt, the InterContinental and
the Sheraton River House. Part of the program for the Super Bowl has been
developed for two reasons. One, to put on...
Mayor Suarez: Let me say too, for the record, if I may, Dick, if I may just
interrupt since these nice little gift bags were handed out by your very
capable assistant, , that I have been handed and I presume
the rest of the Commissioners have been handed a bag with three items and for
the record so it doesn't look like we're being influenced in any way, Super
Host 189 cap, very nice polo shirt and what looks like a tag or a key chain
that could also be a weapon from its weight, these are available for anyone
that comes up here right after this meeting and who lasts through to the end
of this meeting, on a first come, first serve basis.
Mrs. Kennedy: Wait a second, I did not get a polo shirt, I got the hat.
Mayor Suarez: The Commissioner did not get a polo shirt, please get that
resolved.
Mr. Anderson: She had a special blue tag. Anyway, the value of the Super
Bowl to the City of Miami is... Thank you, Mr. Mayor. A lot of work has been
done by the Host Committee thus far in the Super Bowl in terms of preparing
the City to host 80,000 visitors. We've divided those visitors in three
groups. The NFL owners themselves, they're the ones that determine whether
we're going to get the Super Bowl back again. Our first opportunity would be
1993. The second group is that we have 2500 members of the press here for a
solid week and we think that the most important aspect of the Super Bowl is
not the $150,000,000 that will be dumped in this City in a weeks period of
time, but the fact that we have an ability to influence 2500 members of the
press internationally on how this City treats people. The early indications
that we received from the efforts that we have, have been most positive, not
only with the NFL owners starting last May but in terms of the information
that we've put out in the past four months in terms of our preparation. I've
given you also a packet of information so that I won't go over all of it, an
outline on what our committees are doing along with a copy of our latest
newsletter and a copy of the merchandise like you see in front of you that
we're selling through 40 Chambers of Commerce in Dade and Broward County. The
most rewarding part of the Super Bowl Host Committee has been the terrific
cooperation between the private sector and the public sector in terms of
dealing with the perceived problems that may occur in terms of hosting 80,000
guests that come here during a weeks period of time. And just to show you a
couple of them, we have a brochure that we're giving out to every ticket
holder, to the NFL teams as well as every hotel room that's signed up for
Super Bowl; 300,000 of them are being imprinted. We have a super host
brochure that went out to 30,000 members of 40 different Chambers of Commerce
in Dade and Broward County signing up to be a super host to put Super Bowl
information paraphernalia in their stores. We have even spent $60,000 to
train 3800 taxi cab drivers and have provided this passport that's a booklet
of total information in three different languages, Creole, Spanish and English
for our taxicab drivers in terms of dealing with the perceived problems that
we have. In the 15 standing committees, they're outlined in your brochure, I
don't go over those, but to say that in our merchandising program 70 percent
of the merchandise that we have purchased thus far to resell has gone to
minority, local minority businesses. Our sales force is 65 percent minority
and we have called on every business in town that has signed up to become a
super host. We also have a letter that gives the information concerning what
we are requesting as a Host Committee to the City of Miami Commission knowing
that many of our major events will be held in the City of Miami along with the
press being housed here for a solid week.
Mayor Suarez: Is there any need, at this point, to even resolve, I presume,
all of the facilities that are going to be made available have been resolved,
all of that doesn't need to be done today, does it?
Mr. Anderson: No, I don't believe so.
Mayor Suarez: I mean any waivers of rent or anything like
charging, obviously, for any of the facilities being...
•
_:Ls.aii4�rfYF+�NYYa+S�`eMr-m:yCMi+.�'YN�ttaWR
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`
Mayor Suarez: Which one are we charging for?
Mr Anderson: Well, is Viscaya.
Mayor Suarez: t can't imagine we're charging for gayfront parr or,..
Mr. Anderson: Vizcaya is owned by who?
Mayor Suarez: Mr. Manager.
Mr. Anderson: Yes, if we have a major event for the press on Thursday night
in Bayside Bark as well as a party for the entire Super Bowl guests on Friday
and, yes, we would ask that we could get a waiver of police protection on that
night.
Mayor Suarez: As tight as we are financially and as much as we may all think
that the City has not been necessarily included in all of this as much as we
should have been, that anyone would deny waiver of any facilities that are
going to highlight the City and showcase the City, I'll entertain a motion on
that if the Commission feels the same way as I do on it.
Mr. Odio: Make it in a form of dollars, you know, $50,000.
Mr. Dawkins: Hey, hold it, hold it, hold it. He say facilities, leave the
money, no money.
Mr. Odio: No, it's the Miami Convention Center, We need to pay...
Mayor Suarez: And, yes, and he can put in the equivalent in dollars of what
it would cost so that they later....
Mr. Dawkins: I'll tell you what, all right, let me make myself clear so
,we
all know where I am. I'm not voting to give themone penny. OK? Mr. Kent,
what's the budget of the agency you work for? :;What's the total budget?
Mr. Kent:: I believe it's 'approximately $8,000,000.
Mr. Dawkins: Beg your pardon?
Mr. Kent: I believe it's approximately $8,000,000.
Mr: Dawkins: Eight million dollars, OK. We have an agency that's got
$8,000,000 to promote the City of Miami and Dade County. And you mean to tell
me from $8,000,000' they can't come up with $50,000 to promote the City.' of
Miami? That's me, that's just one vote and I mean, you can discuss it from
now on but I'll be voting not to give up one penny.
Mr. Anderson: Well just to you can certainly vote an way that
� j - Y Y Y Y You want.
Mayor Suarez: Can I just try to take this in part, Dick?
Mr. Anderson: The Dade County started funded the Host Committee with
a'
$150,000. The State of Florida appropriated $250,000, Miami' Beach has
appropriated $40,000, even Coral Gables $10,000. The Super Bowl,
Commissioner, is a partnership to enable this community to show the guests
that come here that we truly want them here for the Super Bowl and want them
here for times past. If you don't want to give....
x
Mr. Dawkins: The City of Miami has contributed no money at all to this,
�s
.you're .saying?
Mr. Anderson: At this point in time, you have not contributed.
Mr. Dawkins: No, no -- we've given no fine, I means
mean', kind. service;
er
nothing.
Mr. Anderson: That's correct, to this in time.
point
r
Mayor Suarez: OK, let me go back to this. one issue.that I think is probably;,�'
the easiest to resolve and Mr. Manager, however you think we ought to move on
E'
it, if we have a consensus, that the facilities used should not be charged for
}'s`
and that could be put a dollar .value it could be
P , Put on that, I dots t
.care
how we state that. Tony, why are you shaking your head no back there?,
l.
153 Decembor
.. r
Mr.
Plummer:
We11,'via ra not going to give .them anything as far as monies.
`concerned.
Odio: We
will.get'$25,000 from..the developer ,
Mr.
Pajares:
Mr. Mayor, in reply ; to Commissioner,,Dawkins question, ye'
:did :
h' itfally
spent','about $25, 000 booking , the ; Super: Bowl. -.until we': turns
over
to the County.
'Mr.
Dawkins:
Now, who got the Super Bowl to come to.Miami?
. Mr..
,
Pajares:
Our office did, sir,
Mr..
Dawkins:
OK, you see,', but nobody says, we bought it` here'. All they
e:up here and say is the Super Bowl Host.Committee did all 'of'this'and pat,
on the back and let them go home and all, OK?
Mr.
Pajares:
Commissioner, we spent $10,000 on a brochure,'the.City'of„Z
...did..
Mx:
Dawkins:
Thank you. 4M
r
fir,
yajaras;
Plus we traveled for two years ; and made at` leas $ive ri
- secure the Super Bowl.
f r
y
Mr.
Aawkins:
Soy -we've spent $25,000,
.. . JI
w S:
3
MOO
ie ��NFL's use' of the press' i
►e things that yes, the Cit
o Miami `'in 1985,K that's one'.
z
�y it a ..x:` °
.i
s m?t ? but t §
IMI
Mr. bAVkinss Divide tan by five,
Mayor 9uar62: So welts talking about a $M, 000 ax$anditura for ton days and the media would what, set up in therat
Mr, Anderson: Thai's a c6mmitm6ftt...
Mr, Odios That will be the press center. That will be Where the media will
gather throughout the Super Bowl. `
Mayor Suarez: The reason I'm asking these questions is you can imagine is to
clarify what benefit we get.
Mr. Anderson: Vail, I think.,,
Mr. Odio: You get a lot of exposure.
Mayor Suarez: And I would think that we'd get a lot of exposure and it's not,
by the way, Dick, and I- not in any kind of defensive posture at all, it's
not a personal national publicity. The ad that I did before, or the interview
that I did before if you thought that I did it for personal national
publicity, you're welcome to scrap it and I'll send them a letter saying
please don't use it. I don't care about national publicity. I've been
getting a little bit more than I need to lately, actually. So, but really,
the City would get exposure from having all the media there so I just want
everybody to think about that as we vote on this.
Mr. De Yurre: Mr. Mayor, what area are we talking about of the Convention
Center?
Mayor Suarez: The new facility where we had the State of the City.
Mr. De Yurre: OK, where we, had the dinner the other night. Now:..
Mayor Suarez: Thirty thousand square foot facility.
r.,
Mr. De Yurre: Now, we have to share that:,- there's a profit made bq the'
management company. There's nothing on that so are we talking aboutjust:f
waiving the cost' of it?`
r-
Mr. Odio: , No. _t _
Mayor Suarez: For every dollar that we put into"'it; they're bound
contract with them�to put a dollartalso for promotional activities such ss
this.. And we did make this part of, -our pre sentation-in 1985?;
;:.
Mr. Odio: Yes.
Mayor Suarez: How could we if we didn't. have a:` acility?:"
j
Mr. Odio: That we made the Knight Center...1�;,
r
,Mayor Suarez: The press... y
' Mr. Odio: and the Hyatt as the one location we wanted for the press-
_
Ma or Suarez., Of course there are other places in the Knight.Center:that
Y
could be -used' other than `this "particular... tr
Mr: Dawkins: Well hold it right here. If we made the
B promise' and qou ras the
City'manager made thepromise,-or whoever,.wh didn't g y you budget $50, 000 when � 4
we had the budget hearing so I don't have to go through this? a
Mayor Suarez: We pledged the use of James L. Knight, butnot this particular�Yr1
kcal lfi{
MrPawkinss, Mr.-Mayo{x, may I',get an answer from tile' Manager on , myi queatiiona�rr��E��
G 1 t 47 1 1•
7 t Mr, Odios No, itr was sot budgeted. ;t
t �Es, f Dew�tine s`. OK, - no thank you, problam. Six.
,4
I r >it ,�
Y%.S ��4+,7"'. FF�k fp„Ir.S .i,diz4a t
P�a .44
4t�� z••r �: , p f try �i X4 � rj���,��Ky+, -�
t 1 { sus
%Yt%det.-
��•��s.2f .ti ., ._ .. r •, ti .. ?e1TJB ,a... rr ',..•t _a ",y�fi.n".._Ti�CA1�1�1A1'..K,����fr��:�iCQ. ,
Mti
ft'+
e
4hi i
I ti
Vr4` Ddiot 146 *e'did not budget"
k s$
Mf. bewnsi Va11 see, why didn't eie7.
Mr. bdio: Ueauee we did not hsve this fedility,in log when'n
h
' Mr. Dawkins bit, but we made c promise to do
it aomewherei
1
Mr, bdios 'Whet we said in; 1851 in tan biego
wherever it was, that: we wanted
the HyAtt to be the location where the press would gather it,
We were not
talking about a specific rant or room
rent, or anything
like that,
CommiaaIona r
Mri Dawkins: butwe,chould have budgeted, t
meeni w8 should have budgete6 efl '.
�raount i;'
Mrs Odio:,., ,l did 'not ep+�ct ,this expenditure. to. be.. like.
Mr' pluiiotner:) tiher�; is the tboney 'going to Dome from,,
E
Wkinsi- Well, OK .1'don 't care:how.cloie it gets, because you
e, wegot ;from=now ,until,,September and : tfiere are ;a of `of. ;otl
re going:: to.-berunning -down zhere.4fid;I!11``feel� just>,'like`ove
st;Committee, about this
arif
f
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De 'Yurre
Mayor Xavier L: Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Realistically Dick, I don't know that there is anything else
that we can do, that the City really can afford to get involved in, but if you
have any last parting requests or statements?
Mr. Anderson: The only statement that I will make is that the Super Bowl is a
single non -controversial event that can showcase South Florida better than any
other event that has been here. Eight out of the top ten TV programs of all
time are super bowls, it is broadcast in nine different languages. There will
be 80,000 guests here, the ticket holder average salary is $60,000, you have
people here, you have a VIP committee, you have many people in this community,
including your Manager's office and the Dade County Manager's office, and the
City of Miami Beach that have worked very hard in combining the efforts that
we have to entertain the guests that come here and we appreciate the ability
to use the City facilities and to make the best arrangement we can for police
and fire in terms of minimizing our costs. We as a committee are raising the
money from private sources and sponsors and we have a very comprehensive plan
so that when guest leave after January 22nd, they will say two things - one,
Miami has changed, and two, we've had a great time and three, that the long
term benefit of that is going to be the image of Miami that will change in the
national, people's minds, and we appreciate it.
Mayor Suarez: Anything further from the Commission on that issue? Does
anyone want to make any motions for any further support of services or...? I
guess not, there is no other motions. Just to put it in perspective and not
in any way belittle the publicity we get and just to illustrate the problems
that we sometimes have with other agencies in not getting their support, we
lost, how many days, Mr. Manager, did we lose, of the internationally viewed
program, Siempre en Domingo this year? How many nights were they going to do
again? Was it four nights, three nights? Well, they did three nights the
year before.
Mr. Odio: Three nights before, but...
Mayor Suarez: I think the total audience is like 200,000,000 people. We put
up $50,000. We asked the County to put up another $50,000. The County gets
as much out of that, and of course, the Greater Miami Visitors and Convention
Bureau and so on. No one would give us one dollar! So, that's what happens a
lot of times. We're the principal forum for important problems that take
place here, including some that give us negative publicity, although lately I
think we have been doing pretty well on the publicity side, and a lot of
' i 1 d
times, we don t get the support, Dick. We do get it from our leg s ature, Go
bless them, we have been getting it lately, sometimes we get them, and
sometime we don't get it from the County and from the other cities. We are
the location for almost every halfway house, almost every prison, almost every
facility that has all kinds of negative social effects on the community in
this County and very little of the social services money to go with that, not
to mention the homeless and the latest influx of immigrants.
Mr. Anderson: One of the benefits of the Super Bowl is we are able to get
corporate sponsors to pay for a lot of the entertaining we are going to do to
the national media in terms of showing them this community has changed. That.,
benefits all of us and a $150,000,000 economic impact certainly comes back
r
into the City coffers.
Mayor Suarez: And please count on our personal support for anything you do,
whether it leads to any personal publicity. I'm serious about that. At the.
terrace, you can have all the cocktail parties you want, our own involvement,
letters, whatever, you know you have that. I don't want to give the wrong
impression on...
Mr. Anderson: I realize that and I appreciate it, thank you..
x
162 f,
30 ALLOCATE $200j060 FROM CITY'S SINGLE FAMILY RVAMLtTATION PROGRAM TO
MIAMI CAPITAL DIVELOPMENT, INC, provide loan tunds to small andjor
disadvantaged oohtraotora involved is development of hbUsifig , in
Ovartbwn/Park twat
r+ Dawkins , Mr Mayor, t have a poekat, itat� �+d li%� .to..b�i�►g;-i�P
The toll6witl8 remoluti'on wee ititt6duced by Comiaol6 or Plummors wli
Riovsd ite fidopti6ft!
RESOLUTION NO, 88-1180
A RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES AND
SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 100021 APPEARING IN THE +CITY
CODE AS SECTION 40-227 FOR A SPECIFIED TERM OF OFFICE;
FURTHER RATIFYING, APPROVING AND CONFIRMING ALL PAST
,. OFFICIAL ACTIONS TAKEN BY JACK RABUN, ONE OF SAID
INDIVIDUALS, DURING HIS SERVICE AS A MEMBER OF SAID BOARD.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
r4
Upon being seconded by Commissioner Dawkins, the resolution was, passed
'
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
41. CITY OF MIAMI GENERAL EMPLOYEESAND SANITATION EMPLOYEES' RETIREMENT
` TRUST: Appoint Rose Gordon and Simon Ferro.
y.
,
7v �,�5A:r5ti er�ti>wi "'i t M ,c .V n
1 -
Cwm asioner Miller J. Dawkins
Viee mayor Victor be Yurfe
mayor Farrier L. Suafer,
N6ES honer
ABSENT: Commissioner Rosario Kennedy
(tlii4iii-fDiifiiYiGcrf:arcr'LS:Gs.rrraic�cY.cccY'crsi.Y::i�.a.crrY.rairilaY:r.+ii6wliNYilr:G:Gr.ncir.-rr�i�c¢at.reGYcrrcas+r4a`i,eialCSFiYY:Yt '
42. CITY OF MIAMI GENERAL EMPLOYEESAND SANITATION EMPLOY1991 RETIREMENT
TRUSTS Appoint T.V6 Pair and Betty McXftight.
-----Y—aauU.-.w—ir.----rrr--------rrrr-----irrrr—r.. --G.cc-ii----Y..Y.----i
Mr. Plummert Move item 64. <
- r y
Mr.
Dawkins s
Mayor Suarez: Moved and seconded. Call the roll,
The following resolution was introduced by Commissioner Plummer,. who
moved its adoptions
RESOLUTION NO. 88-1182
A RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF
TRUSTEES- OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE CITY
CODE AS SECTION 40-227 FOR A SPECIFIED TERM OF OFFICE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
` Upon being seconded by Commissioner Dawkins, the resolution,'.was •passed
and adopted by the following vote:'
AYES: Commissioner J. L. Plummer,, Jr`
t Commissioner Miller�'J. Dawkins
zl
e'
Vice' Mayor Victor De Yurre k,rf
Mayor Xavier L. Suarez
�
NOES None.
ABSENT. Commissioner Rosario Kennedy,'
3
:---------------------------- ---- -- -------------- 3------- u ; '��
�Lr 43.. EMERGENCY ORDINANCE: Amend Sect.' 1 of Ord. 10150 establish new .
bproject: "Athalie Range Park Pool Replacement.Project" (Project No:. "
331348).
f -- ---------- — — ------------------— — — — — — — — — — — — — — —
— — —
—
Mr. Dawkins: Mr. Mayor; I qd` like to hear. 73 and 74 out of order;.. because we z{:;
got some people`who.have been sitting here all 'day; please „ fn
ii.
''k ' Mayor Suarez: `Are .these non -controversial, hopefully
Mr: Dawkins: No, they are not controversial at all.
W"h< z�
Mayor Suarez: 73 and ' 74, scheduled for 11.20 a.m. , 'etaergeticy ordinance 4 73 �,z
r*f r.s Range Park pool. I'll entertain a motion on the ordinance. z' ` Dawkins: Move it.
r: Mr.
�
k�ayor Suarez: Moved, fbtf' i „' s it'r�A"kf
}'
q4i y .. •r �- .. .t �, y r ;i{ fr i , �A �4" AY 7xe !$ .{ ',33
Second,'
-c -{ hirsL+% b� '•Si..1', h:Q.
ryia 1,/f�� eri Sd,
; 5 Y N 4 tr
WYi} 3 •. % (,t
� ���"F
N:Lj
t'r t t s j 1 r v e} { ?
ZU
��}1412,
�., _x� "
MaYsf Suarbm Seconded. Read th6 crdif fihe6. Call the roll.
AN ORDINANCE ENTITLED=
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OP ORDINANCE
NUMBER 10150 AS AMENDED, ADOPTED NOVEMBER 17, 1§88f !'
THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCEo BY
ESTABLISHING A NEW PROJECT ENTITLED "ATHALIE RANGE
PARK = POOL REPLACEMENT PROJECT NO. 331348 IN THE
AMOUNT OF $2,100,000; APPROPRIATING FUNDS IN SAID
AMOUNT FOR SAID PROJECT FROM PROPOSED ISSUANCE OF DEBT
INSTRUMENTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None
ABSENT: Commissioner Rosario Kennedy
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre r
Mayor Xavier L. Suarez. '
NOES: None. F
ABSENT: Commissioner Rosario Kennedy*
NOTE: Although absent at roll call, Commissioner -Kennedy later asked.of
Clerk to be shown as voting with this motion. t. F
COMMENTS MADE DURING SECOND ROLL CALL:
Mayor Suarez: Yes, let me in voting, introduce;.,Jnto a record that the
nature of the emergency presumably,.is that `this 'is a,;project. that is
behind schedule and we need to get: it done for the 'safety and welfare -of our
citizens.
SAID:. ORDINANCE WAS DESIGNATED ORDINANCE NO. 10529..
. S
ss
The City Attorney read the ordinance' into. the public -record and
R announced that copies were available to the members'of,the City Commission attd Fz�
to. the.public.`y
Mayor.;Suarez: OK,.item 74:, xe fr'
+ Mr. :Plummer: I';ve got to. amend 74.
t Mr. Dott Cather:' I'd like to correct item 73 'please, first First, second",yif rts3
fourth paragraph, change 2� to 50
e Mr.
Odio: Yes, we are going to: 50 meters.
; 0e nY� "rilr'
Mr. Plummer; 50 what? i
zt1 of
Mr. Odios Meters.
wo
r , Mr, Plummer: Oh.
r Mr. Odios Instead of 25 meters it= ie 50:mQtersa.,�a�
Mayo Suarez: OK, is that a oos;•rect on on the text ;Of thei resolVtion�'
a�i5��•[•{4ift. s..L;t.,,S .4 ., ... - ... ... .. _ ,,t,,� ...+1 r-;;'+., r , ;�, ,.'Y ✓.x as ?:1'_
Mr, Plummera Yes,
Mayor Suarezi OK, with that modification, we have a motion and a sec6hd3
Mr. Plummer: Eor the amendment? Yes.
Mr. De Yurre: Second,
Mayor Suarez: So moved and seconded. Call the roil.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1188
(NOTE: THE PARAMETERS IN THE HEREIN MOTION ARE
CONTAINED IN EMERGENCY ORDINANCE NO. 10529 HEREINABOVE
AND RESOLUTION NO. 88-1184 HEREINBELOW)
Upon being seconded by Commissioner De Yurre,
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
the motion was passed and
NOES: None.
ABSENT: Commissioner Rosario Kennedy
44. A) ATHALIE RANGE PARK POOL REPLACEMENT PROJECT: Waive formal competitive
sealed bid procedures for construction of pool - ratify Manager's
finding of emergency - authorize acceptance of lowest responsible bid.
B) Appoint Garth Reeves as chairman of the Athalie Range Park Pool
Committee.
------------------------------------ ---- -- ------------ -
Mayor Suarez: Now item 74.
Mr. Plummer: Item 74 I'd like to amend that _the final: approved .has to:come
back before this Commission for approval'.
Mr. Dawkins: Second.
Ms. Diane Johnson: If I may speak.
Mayor Suarez: Moved and ,seconded, yes.
Ms. Johnson: In order to complete the job in the time frame that we .have,
available to us, would it be at all in the; Commission's interest that when the
bids are in, that we poll the Commissioners receipt and give: them five days to
review and get back to us so that we don't have to come back before the.full -
body of the Commission?
l r
Mr. Plummer: I have no problem with that as long as any one Commissioner S
objects, it has to be carried over to an agenda. Yam'
Ms. Johnson: I don't have a problem with that. I would also like to...
Mayor Suarez: I'm sorry, what was the clarification?
' M�rJS
Ms. Johnson: He stated that if any one Commissioner objects, that we would �f
{, have to bring the item, or the award of bid before the Commission as a whgle;
L` Mayor Suarez: OK, that's the way we usually do it, OK.
h
Vti } fib$ � A�ssr►b�l 'E i it h r
@..y .. ,e",.. .r :v. .,. <. � .t ... .,. ... .... .e,. ..e7„�:...... e; �iil !rle ksl �{i"•`4'
E t'
Yk7 1
.w i h3
r
v'JA ionf And . for the rerd,
u ' il0l It 10 ,
[ e ted ulider this rasolut�.ou
Ara tsr t4hIl tlotit'` f
Agri ,m6diflefitiooi'
t Plummri Have you gone but for
bids het?
t Plunneri 711 74. 'fie did 131
V6 are on /4i
i johnson: We are at this time
completing the -..design
t DOXIIns:' in order for us to
empiete thin $o6l an
'fast
1ngeters in the eumm6r, we are.
going to, hi tra
hsbut Then is horrecti
Y F
lq�
----------------------------------------------------------------------------
45. FIRST READING ORDINANCE: Amend Code Chapter 18 ("Finance") - redefine
term "Minority and Women owned Business Enterprise" - define term
"Vendor" - establish guidelines for awarding of City contracts to
minorities, annual volume of procurement expenditures to minority/women
small businesses - authorize City departments to establish required
administrative procedures to ensure compliance, etc.
Mr. De Yurre: Item 43,
Mrs. Kennedy: Mr. Manager, who is handling item 43?
Mr. Odio: Adrienne Macbeth.
Ms. Adrienne Macbeth: Commissioner Dawkins requested several meetings ago, we
were asked to amend the Minority Procurement ordinance and what we have
presented to you is an amendment that basically legislatively integrates the
requirements that we have for minority and women business enterprise
participation in our bidding and contracting process in such a manner as to
make sure that this office is involved both in the solicitation of bid
proposals and contracts as well as in the awards and the contracts that result
in it. We have done several things in the amendment. First of all, we have
capped out the participation of minority and women owned... What we have done
is to attempt to legislatively mandate that the requirements for minority and
women business ownership be integrated into the City's purchasing and
contracting process. In doing so, we have capped out the participation of
minority and women owned businesses to those who will be able to participate
in the sheltered opportunities at $2,000,000 net worth, or less than 25
employees. Secondly, we've added a definition of vendors in order to enable
us to build into the famous reporting system as well as our new reporting
system and to be able to report back out to you annually on the amount of
purchases that we deal with minority and women owned businesses. Thirdly, we
have applied the 51 percent goal that previously was an annual goal. We are
now requiring that that goal be applied to every bid, purchase and contract.
Mayor Suarez: On an individual basis.
Ms. Macbeth: Yes, sir. Fourthly...
Mr. Plummer: Over a certain amount, or any bid?
Ms. Macbeth: In all bids, sir. This office will have an opportunity to see
what the capacity is among minority and women owned businesses to participate
in that bidding. Based on that, we will make a recommendation to the City
Manager.
Mr. Plummer: What happens in the cases where there are no minority firms
involved in a particular...
Ms. Macbeth: We had added a clause in there where feasible, and the where
feasible will come about as a result of our making review to see whether or
not the capacity is there. If it is not there, we would not recommend to the
Manager that he have requirements in there. Fourthly, we have built into it
the requirement that all City invitations and solicitations for bids and
proposals have the requirements that the Manager does approve. Fifthly, we
have added that once these have been approved, that in fact, the contract and
bid award documents reflect that in order to allow us to monitor the
compliance with this, and sixthly we have expanded upon the requirements for
affirmative action based on many discussions that we have had with you as it
relates not only to affirmative action policies and practices, but also the
results of those as they are reflected in employment statistics of firms that
we do business with and finally, we have added that the administrative
departments including GSA, Finance, and others who are responsible for
awarding and monitoring contracts be mandated to create the necessary
procedures and policies that will allow them to assist us in implementing
these requirements.
Mrs. Kennedy: I think that this is going to greatly improve our chances of
achieving an annual goal. It's a very good ordinance.
Ms. Macbeth: It certainly will, and the other thing it will do also, I think
is to enable us to be able to solicit a lot more participation among s:inority
women owned businesses.
Mrs Dawkins: 1 hove the item. I'm not satisfied with it, but the haw
Department tells me that's the best 1 can get, so I move...
Mrs. Kennedy: Second.
Mr, Plummer: Let me ask under discussion, I raised this area of concern
before because I saw it in the County watching their meetings on cable. I
don't hear any provisions in there when you are locking in any given group,
minority, or otherwise, in the protection of the City on cost. In other
words, I'll give you the example they used in the County. Knowing that it was
a minority contract and it was locked in, electricians were quoted by the
minority firm at $21 an hour when the going rate for electricians was $17 an
hour. What provisions are there in this that by virtue of assisting
minorities, we are not going to see another thing as we did earlier today,
with $4,000,000 worth of work, we only had four bids. I am concerned about
the fact that when you lock a person in, they have the right to jockey any way
they want, knowing that they can't lose, only to another minority and I am
also concerned in the fact of the lack of bidders. The lack of bidders will
definitely jack up prices, so I am asking you to address those two issues.
Ms. Macbeth: As it relates to the second issue, Commissioner, unless we have
at least five minority or women owned firms who are registered with us in a
particular area, we don't even make a recommendation to the Manager that he do
a set -aside on it, so we...
Mr. Plummer: What about if out of five bids, only one chooses to bid?
Ms. Macbeth: Then sir, we would bring that to you and you may the option of.
rejecting that bid.
Mr. Plummer: Oh, OK, so we have that discretion, OK.
Ms. Macbeth: As it relates to the cost factor, the same thing would be the
case We do have in place a local preference ordinance that allows :us to
spend 10 percent more with local owned firms, forgetting minority and women
owned companies. We have not,gone that route.
Mr. Plummer: -Well, that would apply to the women owned minority firms that
are local. I mean, the same.thing applies.
Ms. Macbeth: Only in fact... yes, exactly. But as it relates. to: the other
cost factor, if those costs exceeded the estimates that either engineers or,
the department put forth, we would certainly come to you with that and ask you
also to consider whether or not you wanted to reject those bids.
Mr. Plummer: That area I still got a problem with, and I am going to tell you
why. If you go through this agenda today, and look at what estimates were put
in to begin with and that which the contracts came in for, there is no rhyme
or reason. You've heard me make that statement many times, so projected cost.
by our department is not a realistic figure.
,r
Ms. Macbeth: Yes,. sir, but you have said to the department that within.
certain parameters you will not accept bids that come in above that amount.
Mr. Plummer: Well, OK, so if it comes in above that amount, but I am" still
going to be looking at them because in a competitive system, you also.want
try to get the best price that you can, OK?
F rN
L
Ms. Macbeth: Yes, sir.
r zry <'i a�r
Mayor Suarez: I entertain a motion on the ordinance: r j` ,,-K
Mrs. Kennedy: We have a motion.
Mayor Suarez: Moved and seconded. Read the .:or Ca] l the roil t , ft+s �_
C
172,
i
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "FINANCE",
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY REDEFINING THE TERM MINORITY AND WOMEN -OWNED
BUSINESS ENTERPRISE AND DEFINING THE TERM VENDOR IN
SECTION 18-68; REQUIRING IN SECTION 18-72 THAT THE
GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT (51%) OF
THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL
PROCUREMENT EXPENDITURES TO MINORITY/WOMEN SMALL
BUSINESSES BE APPLIED TO ALL CITY OF MIAMI BIDS AND
CONTRACTS, WHENEVER FEASIBLE; REVISING SECTION 18-73
TO PROVIDE THAT ALL CITY OF MIAMI INVITATIONS,
REQUESTS AND/OR ADVERTISEMENTS FOR BIDS, PROPOSALS,
QUOTES, LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE APPROVED MINORITY/WOMEN
BUSINESS ENTERPRISE (M/WBE) PARTICIPATION REQUIREMENTS
PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10062 -
MINORITY/WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM; REQUIRING THAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS CONTAIN THE REQUIRED COMPLIANCE
FORMS RELATIVE THERETO; REVISING SECTION 18-73(5) TO
EXPAND UPON THE AFFIRMATIVE ACTION REQUIREMENTS FOR
ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH
THE REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE
COMPLIANCE WITH THE CODE; AND FURTHER PROVIDING FOR
RESOLUTION OF DISPUTES REGARDING WITHHELD PAYMENTS OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING
SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE
OF M/WBE AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR
ESTABLISHING AND IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND
MONITORING AND REPORTING PROCEDURES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the -public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: How are we doing on supplies and those kinds of things that
have historically been the very worst in minority participation?
Macbeth: Not very well, sir. We are down at about 1.4 with women about
with black and...
Mayor Suarez: That's percentage, or?
12
Ms. Macbeth: Yes, sir, and that is year to date figures.' '
}
Mayor Suarez: Have you come up with any helpful concrete... 1 ffi
Ms. Macbeth: With this ordinance, or part of the ordinance is to require that
the GSA Department in fact alter its procedures in order to make sure that:I
review the bids prior to going out to bid.
3;
Mayor Suarez: It is one of those things that even if they come up middleman, t'
or intermediaries or something where minorities participate in some way, eves, �vw
if they don't have companies large enough to make these, i gather that the
f Y4p
173 Decembex 5 t YY
Ms.
3.2
econoray's scale are such in
All the other stuff that we
companies and compete, but
they can somehow...
`tun
e ) 5'
i
442`sl
a,
producing paper and pencils and typawritera and
use, that most minorities cannot start their own
you know, they can represent those companies or
Ms. Macbeth: Subcontract through the With this ordinance, I think,.
Mr. Mayor, you'll see a notable difference.
Mayor Suarez: Yes, because those figures are embarrassing.
------------------- ------ =-------------- _---------- ---.:�
46, MANUEL ARTIME COMMUNITY CENTER: Authorize Administration to spend.
$200,000 grant for renovation project for the renovation of the Center -
authorize increase in contract with MCM.
-- --
Mayor Suarez: OK, item 44, quickly, going through these so we can get to
Planning and Zoning. Authorizing the expenditure for Manuel Artime Center,.
the grant from the State. I entertain a motion on this.
Mrs. Kennedy: Move it. That's $200,000? Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and: seconded. Any discussion? Call the roll.
Mr. Plummer: Excuse me, do we have a set of plans on this thing?
Mr: 'Frank Castaneda:.. Yes,?obviously Commissioner.,
Mr. Plummer: Where are they?
Mr.' Castaneda: I:didn't bring them here.` I'believe .that Pablo 'Canton met
with you on this whole issue.
Mr. Plummer:Correct, you are correct.
Mayor Suarez: Call the roll..
s
The following :resolution was introduced: by Commissioner Kennedy, who;
moved its adoption: a
RESOLUTION NO 88-1186 K,
A RESOLUTION. AUTHORIZING' THE DEPARTMENT OF COMMUNITY r
DEVELOPMENT TO PROCEED WITH THE EXPENDITURE OF STATE, r
DIVISION OF CULTURAL AFFAIRS GRANT FOR THE .RENOVATION
PROJECT OF THE MANUEL ARTIME COMMUNITY CENTER AS PER
DETAILED ADDITIVE ITEMS LIST DESIGNATED HEREIN AND
OTHER FEES NECESSARY FOR THE COMPLETION OF SITE II OF ? t,
SAID RENOVATION PROJECT, APPROPRIATION OF FUNDS s
THEREFOR HAVING BEEN EFFECTED VIA RESOLUTION 88-777 ,x z
AND ORDINANCE N0. 10506 OF OCTOBER 27 1988 AS WELL AS`$�
z
r INCREASING THE CONTRACT BETWEEN CITY OF MIAMI AND MCM,' � x r, t d;, ,�a•��
$� THE LOW BID COMPANY IN AN AMOUNT .NOT TO EXCEED�k_ .t
$170,687. 90.
(Here follows body of resolution, omitted here aad on
P k
file in the Office of the City Clerk.)
xy Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted ; by the following. vote :
,?
zv l� r: rr • z ' ('� C�'" pc
1`
Pr r. � 1 '- , ry 2 1 4 7ft1 't�•: 2f f� '�.
AM Commissioner J. L. Plufmer; Jr.
Commissioner koaar o Kennedy
Commissioner Miller J, Dawkins
Nice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NO191 None,
ADSRNTt None.
Ot4rY..ILf1ii4�Y..1iLM.irY`r �.lii�Lrr��i Ga:--W.(iL------i.LYiiL(r.iY.Gi�G�.ii�1.t.G�aiii�wilLriLif�iYll.�iY1Li.�i.�GiilCiiGifil�
474' DAVID HERRING'S FAMILY'S CLAIM against the City: Discussion with
representatives of Carroll and Halberg, PA.
---r---------------------------------------------------------r----rr--...._�.:_:._
Mayor Suarez: I have been reminded and didn't really have to be reminded that
the Herring family has been here for a good deal of the day. I put myself, in
view of the tragic nature of that case, I'm disposed to hear this item out of
place. What item is it? Is that on...
Mrs. Kennedy: 81?
Mayor Suarez: Unless the Commission feels otherwise, I think it would be very.
proper. It's a status report, or discussion, what it is not... I don't'think
we 'expected to make any final determination today, are we?
Mr. Fernandez: No.
Mayor -Suarez: What is it on for, Mr. City Attorney?
Mr. Fernandez: I have no idea. We:did :not cause this to get on the, agenda.
Mayor Suarez: It was requested by the plaintiff's attorney?
Mr. David: Halberg: That's':correct,•your Honor.
Mayor Suarez: And let me ask this now. Is there actually,a lawsuit?
5 ;
Mr. Fernandez: Yes, there_is.
Mayor''Suarez: Now, is it still proper for; us -to go right .into the issue that
I presume we will have to? I mean, it is always proper,;but is it wise for us
to go.into the issue that...
Mr.- Fernandez: No, it isn't. 'In fact, I will ask this..
Mayor Suarez: So we will have -to do with the: negotiation of a' matter,
presumably?
Mr. Fernandez: In fact, I will ask this City Commission 'that -I be not, asked
�J
about defense strategy in this case, or; that we, do' not discuss in the: -open
record anything concerning this matter.
u:
Mayor Suarez: OK, with that wise encouragement and advisement from our City.,
Attorney, do you want to make a statement, is that the idea? - to see if you
V11
can move along the negotiations?
Mr. Halberg: Yes, air. Mayor Suarez, Commissioners, my: name 'is,:David
X
Halberg, and I am here with Benito Diaz from our law firm -af Carroll and
,s
'
Halberg on behalf of the Herring family.
as -.we,
Mayor Suarez: You filed all the appropriate documents far as what call,
our lobbying requirements?
'
Mr. Halberg: Yes. As you are aware, we have filed a lawsuit, and'as.you are
aware, the Grand Jury has issued' a report regarding' the 'death 'of Officer,
`
Herring. The Herring family was told by this Commission that if they needed.:!
i
aamething, that they should came back and this Commission would do what they
could'for them. They are now coming back. Cesar Odio, it is .my undo rat and ing •
'
when this came out, said that he took responsibility,. -It is my underatanditig,5'
175 �i0a+a►�o ��x
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1
4F
from the Grand Jury report that the City of Miami, after officer Herring's
death, went ahead and took corrective measure. You all went ahead and bought
new police cars, you went ahead and changed your maintenance program and you
went ahead and did what you felt you could do so that no other police officers
would be placed in this position, but nothing has been done for the Herring
family and we are asking you as part of your remunerative actions to
compensate the Herring family. We have given each of you a set of documents
that not only point out the loss the Herrings which is obvious, but also point
out the failures of the part of the employees of the City of Miami and the
City of Miami. We ask that you provide these people with appropriate
compensation and that we end it and end the lawsuit, and you are the people
that will make that decision. In my letter to you all, I gave you a figure of
what we thought the case was worth. It is not presumptuous for a lawyer to go
ahead and tell a group of people that will make that decision, what he
believes his client's case is worth and you have learned legal counsel that
tells you their position. I ask that we end this case so that the Herrings at
last can put this case to rest and it's been my experience, and I know that
you all realize it, that when you have lost a loved one, and there is still
matters that have to be resolved, that you cannot put this matter to rest. So
based upon that, we would ask the Commission to go ahead and to enter a
resolution for compensation for the Herring family in the amount we request,
or whatever you all feel is appropriate and that's why we request the
opportunity to be here today.
Mr. Plummer: The only thing I'd like to say for the record is to clear the
record. You said this City has done absolutely nothing. It is my
understanding that the normal attributes that will be given of the $75,000 the
Manager tells me has already been done and the other things that the City
always does for an officer who dies in the line of duty have already been
done, so the City hasn't... I'm just contradicting your statement that the
City has done nothing.
Mr. Halberg: Commissioner Plummer, what I am talking about is the City's
response to their responsibility due to their negligence, if I can clarify
that point.
Mr. Plummer: That is your statement and of course you are entitled to make
it, but all I was correcting was that the City had done nothing, is not a
correct statement.
Mayor Suarez: Anything further from any Commissioner?
Mrs. Kennedy: Well, can we discuss this, Mr. City Attorney?
Mr. Plummer: It's in negotiation.
Mr. Fernandez: You can discuss with the counselor anything, Madam
Commissioner. The only thing is that I would not be in a position to discuss
with you or with him on the record, the merits of the lawsuit, or defense
strategies that we have, or theories of defenses that we are advancing. We're
very much in the throes of a lawsuit. They have filed a complaint, we are in
court, we have answered and their posture, as we are concerned, is one of
litigation. It's really very improper for me to make any other comments at
this time.
Mr. De Yurre: Mr. City Attorney.
Mr. Fernandez: Yes.
Mr. De Yurre: My understanding was, there was some talk about a settlement,
h''don't know if there was, or if there wasn't, then you know, I'd like to
'
have..:
t
"Mr."Fernandez: I have personally received some communications indirectly from
Y6
the Halberg firm that represents the Herrings and that is by way of trying to
get us to make an offer ourselves. Our position is that we never take the
initiative, they have to make a proposal and then we engage in settlement, but
R
at this time, as we stand here, myself and the gentlemen, we have not engaged
in settlement discussions.
ma
Mr. Dawkins: Mr. City Attorney.
;JJ`
77'14
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a to
Mr. Fernandez: Yes.
\
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c y
Mr. bawkinsa He toads a statement of re.., whet kind of.., what did you say to
c�ade?
Mr. be Yurret Remunerative.
Mr, Halberg: Remunerative.
Mr. Dawkins: OK, did the City of Miami do anything in line of what he said)
or did we do what we had to do out of a moral issue?
Mayor Suarez: Beyond the normal obligatory, mandatory compensation to them,
have we made any proposals of any compensation?
Mr. Fernandez: No, I have not.
Mr. Dawkins: Mr. City Attorney, sir. He used the term that would lead the
public to think that we did something leading up to what he said, OK? I want
to know from you, did we do that?
Mr. Fernandez: It is our weighted opinion that we did not do anything.
Mr. Dawkins: OK, now, put that on the record, OK?
Mr. Fernandez: Well, but then we get into the merits of the lawsuits., They
think we are...
Mr. Dawkins: No, no, I don't want to know nothing about the...
Mr. Fernandez: All right, fine, certainly.
Mr.. Dawkins: All I need: is a yes, or no, sir, that's all.
Mr. Fernandez: I think.the City's position is very defensible: and I think
that we are; able and in a, good posture to defend a lawsuit successfully on
behalf of the City.
Mr. De Yurre: Now, along the way, somebody, and I've had visits from people
in reference to this issue and they.threw out the figure of $100,000. I have
no idea where that came from. My understanding.was, that there had been some
kind: of talk and this is going to be,proposed before the Commission today.
Mr.,Halberg: May I speak? I have had a meeting both personally and over the
telephone with an assistant city attorney, all right? - at which time we
attempted to reach resolution. I don't know if it is proper, or if the City.
Attorney wants...
Mr. De Yurre: Usually the procedure is, you make up... you guys work out
something and it is recommended to the Commission and we decide, yea .or.nay
..<
Mr. Halberg: OK, we went ahead and did make a proposal to.thetn, which was the
same proposal that the Mayor and all the Commissioners received.: We. have
gotten no response to that, and that's why we attempted to put it on the
agenda so that you all could understand that it is our desire, all right, to
put this matter to and end and we want to put it to an end, and we are not
getting anywhere with the.City Attorney, so we are.going to the Commission -and
if that is inappropriate,>I'm sorry, but I knew of no other matter of which to YT
come to you all, since you are the people that make the final decisions.,
Mr. De Yurre: Well, I think that you know, even though you are more than x
welcome to come before us, ;that we have to follow procedure, and I would like
r
to: stick to that, if we can come to some kind of understanding for the next
meeting in January, and you can make a, recommendation to the Commission.
we can pretty much and it right then and there.
�Yl f ti
Mr. Fernandez: Certainly. z "Yk hY
Mr. De Yurre: OK? • 'z ;;ti {'� 2^"
Mr. -Halberg:. We area available: to meet witch them atny`=tirae,
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Mrs De Yurre: OK, great, thank you very much.
Mayor Suarez: Let me just say, and I've spoken of your partner and good
friend, Benny Diaz, I've read through the materials you've sent. I will avoid
making any public commentary on the legal arguments you have advanced, and
that's truly not my role, I have to go by my City Attorney. Maybe you can
guess what I think about it from my statement of so far, but I recognize, as I
think all the Commission does, a moral obligation beyond what the law might
impose on us, and that's the way I plan to judge this case at this particular
juncture. Now, if you should succeed and they have motions in court or
otherwise prevail all the way on the merits without getting into damages or
something, obviously that would change my particular view of the case. I have
gone through everything, I want the family to know that, I think all of us
have probably gone through all the materials that you sent, some of the
comparisons you made to other cases, where we have out of moral obligation
made compensation to people are valid, some may not be. Certainly no tragedy
is as tragic as a death, and that something was done wrong by somebody, there
is no doubt about that and you know, it is legally may or may not be
liability.
Mr. Plummer: The only area I have of concern in not only this case, but
others, are you saying, Mr. City Attorney, that they never proffered to you a
settlement of less than what they are asking for in court?
Mr. Fernandez: Exactly. The reports that I have gotten from the Assistant
City Attorney who is handling the case is that upon meeting or talking with
the attorney for the family, their request for settlement was not within the
realm of the possible or that which we consider.
Mr. Plummer: Well, you see, there is where my problem is.
Mr. Fernandez: And we requested them to come back with something .more
reasonable so that we can then certainly engage...
Mr. Plummer: OK, I guess I got this problem with you making a decision for us
prior to us knowing about it. I think it is only reasonable...
Mr. Fernandez: Uh huh.
1 t f t th t
Mr. Plummer:
... that if
an offer was made for settm eent ou o cour , a
that should
be brought
to our attention, not that
we have to agree or
disagree, but
I was never
made aware that there was...
the only thing I heard
was that the
proffer was
not within reason. I never
heard what the proffer
was.
Mr. Fernandez: Three million...
Mr. Dawkins: How much?
Mr. Plummer: Whatever. No no, I am not saying that, please, I am not talking
to the number. I'm saying that if you representing your client made an offer
to settle, we the Commission were never so notified of it, OK? And I think
that is a failing in our system. We might say, well, we think settle and
don't go proceeding with court.
Mr. Halberg: Commissioner, I understand that's the best reason that I'm here
is to let you know that the Herring family wants to end this, that I have made
a formal demand, or request to settle.
Mr. Plummer: The City Attorney has said that you have not made it of him.
Mr.. Halberg: Well, if he has an Assistant City Attorney and I talked to him
and I give him the information, all right, and I give him a copy of the: earns
brochure that I give to you all, all right, and I get no response, I -have to
assume that I have no where to go but to the City Commission.
respond. Let's hear what he has to.say
Mrs. Kennedy: OK, he is here to,
Mr. A. Quinn Jones: Commissioners, A. Quinn Jones, Deputy City Attorney. I
personally had a conversation and Charles Mays, who is Assistant, City.
Attorney, with Mr. Halberg. This was right. prior to the lawsuit being ,.filed.:
We discussed with Mr. Halberg at that time different theories, why we didn't
k .
178 December 1 n1PtY
t ;f!
z a'.
' k
feel that the case was meritorious. We asked Mr. Halberg at that time to
extend to us what he considered to be a reasonable figure. My best
recollection at that time, it was somewhere in excess of $3,0000000. We
further had discussions as to why we thought that was unreasonable, if he
would present something formal and what we consider reasonable, we would take
it to the Commissioners and ask them to consider it. Not withstanding that,
that was never done, the lawsuit was filed, we filed a motion to dismiss,
which we feel at this time is still defensible and that's been the posture.
If there were another meeting between Mr. Mays and Mr. Halberg, I'm not aware
of it, it was never conveyed to me, but that's my recollection of how the
whole scenario took place.
Mr. Dawkins: Attorney, you saying that you attempted to negotiate with them
and then they went and filed a lawsuit, am I hearing you right?
Mr. Jones: What we did, Commissioner Dawkins, was to ask them to present what
we regarded as a reasonable formal demand to us that we could bring to our
clients, you the Commission.
Mr. Dawkins: And instead of bringing that back, they went and filed a
lawsuit.
Mr. Jones: That's correct. The lawsuit came about afterwards.
Mr. Dawkins: And now that they filed a lawsuit, they want to come back to us
now and want me to supersede the lawsuit.
Mr. Jones: That seems to be correct.
Mr. Dawkins: All right sir, thank you.
Mr. Plummer: Well, but you see, look, what I guess I am saying is and please,
this doesn't address just the Herring case. What I am saying is that if an
offer is made for settlement, I think this Commission should be the one who
decides whether or not we want to make a settlement or go to court, and we
have not been afforded that opportunity. The numbers are immaterial. If a
proffer was made, I think... you come'to us, Mr. City Attorney, all the time,
asking us anything over $25,000, OK? In this particular case, there was
nothing ever given to us that says "X" number of dollars was offered in
settlement. And in lieu of that, Commissioner Dawkins, I assume, is why they
went to court. That's a normal procedure.
Mrs. Kennedy: Mr. City Attorney, let me tell you, when David Herring died...
Mr. Dawkins: I don't have any problems, J.L., with them going to court, I
don't have no problem with them going to court, J.L. My problem with them
going to court and then coming back to me.
Mrs. Kennedy: Excuse me one second...
Mr. Dawkins: That's my problem! If you are going to court, wait until they
go through court and then come to me. Don't go to court and then come down
here to me, that's my problem.
Mrs. Kennedy: OK, excuse me a second, since I was interrupted
Unidentified Speaker: Excuse me, Commissioner.'
Mayor Suarez: Wait, wait, let's follow the Commissioners first.
Mrs. Kennedy: When David Herring died, the fatal weapon that killed him was a
City owned car, six years old, with over 67,000 miles and repaired 44 times
the previous years yet nobody got the flaw that killed him. David Herring was
one of the City's finest and it is a loss not only to his family and friends,
but to the whole City as a whole. Fortunately, the City has taken some
measures to insure that this does not happen again. But, while there is no
amount of money that we can give the family, I think that the City definitely
has a moral obligation to settle this.
r,?
Mayor Suarez: Anything else, counselor, before we go on to the next item? We
have Planning and Zoning today, I gather we are not going to negotiate this'
today.
N
�bryU.
-F4, 11
179 Decemb r 15,
k k�
r„z 1�4
Unidentified Speaker: I wanted to point out two things. One, we spoke with
the City Attorney and in fact, Mr. Milberg had lunch with Mr. Mays even before
the filing of the law suit. And there is such a thing that is known as the
Statute of limitations and since that was getting close, we had no
alternative, but to file a lawsuit. Otherwise, I am sure that the City
Attorney would not even have talked with us and I wouldn't have expected him
to and in order to correct the record, there was a letter written on November
17, 1988 to each of the Commissioners, a copy of that letter was sent to the
City Attorney and there was a figure in that letter which is very clear and it
is not the same figure that was cited by the Assistant City Attorney here
today. Now, without getting into the merits of the case, we have had some
informal discussions even with the City Manager and we've got nowhere and the
only place that the Herrings have to go is here to you, the people who will
ultimately have to make a decision on this case.
Mayor Suarez: OK, anything further Commissioners?
Mr. Dawkins: Yes, I'd like to say I am going to make a statement and if it is
in error, correct me. When you came to my office to discuss this with me, I
told you two gentlemen that legally I didn't think we were at fault, in that
it was a Workmens' Compensation case, but morally I felt the City had an
obligation. Did I say that to you, sir?
Unidentified Speaker: Yes, sir.
Mr. Dawkins: Thank you. I just wanted that on the record.
Mr. De Yurre: Mr. Mayor:
Mayor Suarez: Yes.
Mr. De Yurre: You know, there 'is something that I wanted to that has been
bothering me. I want it clear that, and J.L., it's in reference to what you
were stating about if there were any -offers made of settlement, that they be
brought before us. There are settlement offers that are frivolous in nature.
You know, they are asking for "X" amount of money, when it is nowhere near
that, and I think that if we can give some direction to the City Attorney that
when it gets down to within reasonableness, it's not if they make and offer of
$3,000,000 and he says no, and then he comes down to $2,700,000, he's going to
have-to:be coming back and back and back again to us. I think there has to
come a point in time when it gets within the reasonableness level, that it be
brought to us for consideration.
Mr. Plummer: I don't disagreewith you except to this extent. _.I think.:this:
Commission, whether by memo or on public record, I would accept a memo, if
there is a final offer of settlement without going to court, I think this
Commission should be aware about it. The Commission might not do anything,
but yet again, we won't have the opportunity to sit here, that we didn't know,
so I think that in any case, I think in any case where there is an offer made
prior to going to court, the last offer, if you want to call it that, this
Commission should be made aware of it by memo, under most cases, we would
never, in any case do anything about it, but in. case one Commissioner felt,
that there was merit, he could bring it up,at the Commission level, prior to
the filing the court action.
Mr. De Yurre: If.you're talkin b memo getting a notice OK. rx
r talkingby B B ,
t
F
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by t z, L4{Y
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x t ,•1+43.--rN.tia w k >irir ,41h.'!'�:}M.x' ''{ R '
+ VItIWOR QUM & VIRONIA GPSPNi Authorize initiation of legal proceedings
to recover loan funds received by said individuals through the Model
City Sfaall Puniness Development Pilot Loan Program.
�tYtmcG7.m.r ----------------------
Mayorr.r s•..acalou
Suarezt Let's go through these items as quickly as we possibly can,
Plasma. OK, the next item, Mr. Manager is 45, authorizing civil action
against two participants in...
Mr. Odiot Against Vernon Quinn and Veronica Green.
Mayor Suarez: I'll entertain a motion on than
Mr. Plummer: Well, wait a minute; this is on the Model Cities thing? -
Mr. Odioi Yes sir.
Mr. Plummeri If you go to court, what are you going to get?
Mayor Suarez: Yes, I mean, I hope somebody has considered the expenditure of
this, going to court here.
Mr. Plummer: No, I'mean, what do you hope to recover? I understand the only
thing now, and I don't take The Miami Herald as gospel, but I understand the
only thing left that could be found was a picture of Martin Luther King'on then
wall.
Mr. Odio: Well, but we need is the precedent that'you cannot just walk away.
Mr. Plummer: Well, what do you hope,to`accomplish?
Mayor Suarez: In fact", why don't you report. back to us' on a' skip .trace, . or
some other means of determining what''assets are, or chances are of 'recovering;
anything from the defendants before we spend money. How :about that?
Mr. Castaneda: I think the, -issue is an -issue of precedence. r-f
�1
Mr. Odio: Precedent',' but it records the charges.
Mayor Suarez: Yes, -except, that also cuts both ways. In other words, you set;`
a precedent that you try to collect against somebody, and "the guy had;'fled` ,
effectively, and nothing happens beyond getting apiece of,paper, that says
judgement on it, sometimes works against you: rah
r
tt
F
t Mr. Odio: We also need, authorization to rescind officially, -;the $10,000 we 3
MayorSuarez: I'll entertain,a motion on that right. now, rescinding
additional monies they were supposed to be„getting.�i
L
d
Mr. Plummer: What's it cost us, to go', get `this 'liar ` ^
y !f
4
J f
Mayor Suarez: You've got to ,first file an, action. fx
4a Mr Fernandez: Yes, . if you conaidex `cost of personnel and plus costs, �I'd
zt 3
around •$300 to $400
7 4 {Y i5 ,(1:k fri1F
Mr. Plummer Then I' think it is money well
MayorSuarers OK, move" that and move also that' we don't
li20 yea
Mr. Plummer: That because that -en is in effect for rs.
t{ s, tti
tt jTY nr.•44 �i. �y�"Ti'
Mr Fernandez Yee, that'scorrect, Yes. '�� s {` �`,a ¢w r�Gr
i Mayor Suarez: Right, and it could be xe-recorded. Why dQn!,t `you move t�.:,
.and also.,. .
<' Mx . Plummer s I it move',item '45.
Af
�'�gq ���� � 'h+S '�" } r � • i...e y, t , :.r. v V.4,: X:'{; jai i.< �}":v.��s: ,G�,�.�.,
Y .
91
Mayor Suarez: And also move that... does that include:..
Mr. Plummer: That's part of it, yes.
Mayor Suarez: not giving them any further loan moniesfi
Mr. Odio: This includes it.
Mr. Dawkins: Second.
Mayor Suarez: Second, call the roll.
Mr. Plummer: In voting for this, Frank, 1 would like a posture on all of the
loans that have been issued to this date, the amount, and how much of them
have been paid back.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1187
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS
AND CIVIL ACTION AGAINST MR. VERNON QUINN AND MS. VERONICA
GREEN TO RECOVER LOAN FUNDS IN THE AMOUNT OF $40,000 TO
SAID INDIVIDUALS VIA THE MODEL CITY LOAN PROGRAM; FURTHER
AUTHORIZING THE CITY MANAGER TO RESCIND THE REMAINING
BALANCE OF $10,000 ALLOCATED TO THE AFOREMENTIONED
BUSINESS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution
was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
Mr. Plummer: Wait, wait, excuse me. Mr. Manager,. how long are these things
delinquent in their payment before you move? I am
seeing here, if I
understand this sheet, that there are many of them for 30
days delinquent, 60
days. and 90 days. How long do you wait before you file
an action? I mesa,
are we going to wait until the guy leaves town?
Ms. Miranda Aberry: Commissioner, we were waiting 120
days for the loan
recipients to be delinquent in their payments to move if
it is a default for
nonpayment.
-
Mr. Plummer: Is that normal business procedure, 120 days?
1
Me. Aberry: Well, that is a proceeding that we are putting into place -to see
how it works, but you know, we are trying to collect on all of them. i
Mr. Castaneda: We are in the worst of the business of
u ra
harassing them fore
payment, but I don't consider that harassment.
s
Mr. Plummer: In cases where we gave them loans without collateral,. .-:at no'
interest, when we asked for the money, that's harassment..
r Ry
Well, ;was there :a
determination by this Commission in the granting of these
loa w. of how: long"it`
would be before a lien would be filedtotry to recover for the City. rH;
Mr. Castaneda: No.
4�tiklR ^„qd�i
182
Aaoe�hor 19,' �98
>•
uc y
� t M 3 ��
Mayor Suarez: You are not going to have much of a chance of getting a lien on
a lot of these. Even Miami Capital Development loans that are given fully
collateralized and under total different circumstances up to the last few
years we haven't been collecting too many of them.
Mr. Plummer: Yes, but I guess what I am saying, I am just looking here, and I
am not picking on one in particular, but here is one that's in a coin laundry
business. If we file for a lien, then we could recoup through the equipment.
Mayor Suarez: Yes, but they probably are buying that and they probably have
UCC warrants filed by the company that is leasing that or selling that to
them, and they are ahead of us, so...
Mr. Castaneda: In that particular case we have the first position.
Mayor Suarez: We have the first position?
Mr. Castaneda: Yes.
Mr. Prentice Rasheed: Mr. Mayor, may I make an objection?
Mayor Suarez: On the issue of how we can better collect these?
Mr. Rasheed: Yes.
Mayor Suarez: I thought we just hearing from our staff. It's not really a
public hearing per se, Mr. Rasheed, but if you want to make a brief statement
on how we can better collect on these, that I guess, would not be out of
order.
Mr. Rasheed: My name is Prentice Rasheed, the Liberty City Miami Dade
Merchants Association president, and address 6040 NW 7th Avenue. Honorable
Mayor and Commissioners it is a pleasure to be here to speak to you on this
issue. Early on last year, when we were having some problems with the delays,
getting the loans from the... even through they had been approved. I myself,
one that have had... you know, when you turn your invoices in one month, to
get your check, three months later, after you turn the invoice in, so seeing
there was a problem in getting your... if you got a loan, you got a loan. I
mean, it should be treated as a loan, to some extent, although we notice for
some special pilot program we have here.
Mayor Suarez: Remember, you are addressing the issue of how we can better
collect these.
Mr. Rasheed: The issue that I am trying to specifically get to here is that,
I asked the City Commission, whatever, through the Community Development
Department to write a technical directory in this instance, so this would have
avoided having to... it is still a test program, you still going to have a lot
of amendments to make, but I did request that there would be a technical
manual because a lot of the things was being implemented with no technical
guidelines. It was by the decision of the person based on the day they
decided to do something and so now you have the...
Mayor Suarez: Well, the ultimate decision was made strictly by a loan
committee under their own criteria, whatever they felt them to be, and I think
they did a pretty good job, but there were other criteria for people
qualifying and so on.
Mr. Rasheed: There were people that should qualified that should have
qualified, I mean, because it wasn't based on resolution. They shouldn't have
got money and no, we understood that, it wasn't a problem also. People that
got money just say...
Mayor Suarez: But what we are addressing here is the person who probably,
should have qualified under the criteria,but we are left no recourse against
`
that person. And if you have any proposed modifications to the plan that will
preclude this from happening in the future, in other words, tightening of the
.,
program, we'd be happy to hear them, but I don't...
Mr. Rasheed: Well, the in the loan itself, I mean, for someone, I
don't care if she lends them $10,000 or $5. There is stopping a person from
Y
leaving town, whether he is a millionaire or a dollar...
183 Deoe ber 1. I5, ".1908
0
Mayor Suarez: Sure, we can require as we do on other loans, collateral to be
posted.
Mr. Rasheed: But you do have the legal process to collect on the loans.
That's in the way with us in...
Mayor Suarez: Doesn't help in this case, we are just going to get a blank
judgement is what we are telling you, unless we are lucky to find the
defendant.
Mr. Rasheed: Well, I think you had a legal process like this.
Mayor Suarez: The borrower.
Mr. Rasheed: To collect on myself, they don't want us to participate this
program. I don't feel free to responsible for
the businesses themselves to pay the loan back. I don't think anyone should
have got a loan that had intention of not paying it, but the idea here, I
think the Commission to have the responsibility of implementing technical
moves to me against anyone else.
Mayor Suarez: And I gather when we get a full report on all of them, as we
see which ones are paying us on, we are going to make modifications in the
program before we lend out any more monies, that's for sure, and we'll take
your input at that point, I mean, don't get me wrong. It is just this one
that went wrong, that went sour already, we're trying to proceed to collect on
it, that's all we are doing right now.
Mr. Rasheed: Yes, but then again, you haven't heard from the person that you
are probably discussing that closed up. I think maybe there may be...
Mayor Suarez: We don't expect him to walk in here to get served with process
and suit.
Mr. Plummer: Mr. Rasheed, according to this, your loan is in default.
Mr. Rasheed: Thirty days, yes sir, I will vouch for my situation If you want
to hear from my case is that again, I turn in a $1,500 check back for some
repairs that I had on my store, October 13th. I just finally got that check I
think on the loth of this month, repaid back to me, so it takes a while, if
you give them out of your own inventory out of your own cash box, your banking
account, back to some business that you had a check for. Now, I'm getting the
money back two months later, so there is some problems also with the technical
administration of this process also, I hear from Budgeting, Finance, the
Community Development Department who says we have no rule over those who are
working in Budget and Finance it takes 30 to 60 days for them to get a check
out to you. Anytime you are in business and you are getting checks, you go to
the bank and you apply for your cash money to do some business, and it takes
you 60 days later to get the money, then you are not doing good business, I
don't care what side of the fence you may be on, and I understand, I've been
in business for 15 years and I know waiting 60 days to get money...
Mayor Suarez: Well, we are doing business by lending you money and trying to
collect on it about a year later or six months later and we are not collecting
on it, so we are obviously are not doing it very well either, but...
Mr. Plummer: Well, Mr. Mayor, you know, I look here and I see and there is
two of them on here that are 90 days past due, and one of them is Popeye's
Chicken. How can that... I mean, are they that bad off in business?
Ms. Alberry: Commissioner, I talked Robert Byrd who is the president` of
Popeye's Fried Chicken. He owns all of the franchises here in Dade County. He
indicated that he would possibly pay it by the end of the year, and when he
does, he'll probably pay the loan off. I told him that he was 90 days 'past
due, he said I know that, fine, and I'll pay it when I can.
Mr. Rasheed: Mr. Commissioner, I understand.
Mayor Suarez: Unless the Commissioner has any further questions, there is
nothing else for us to do on this item, but we will take your input as.. we
always do through staff, my office, whichever. Anything further? OK; thank
184 December 15, 14$8
r
you, Mr. Rasheed. You might advise people in the community, since we've
talked about different kinds of loan programs that can be initiated by the
City that today the City approved in the short span of six or seven hours a
total of $200,000, I think to be applied through Miami Capital Development
Corporation to help minority subcontractors in the Overtown/Park West program.
That's first in the history of the City of Miami that we are doing that, It
is particularly a first that we did it in four hours, that it was proposed in
the morning by Commissioner Dawkins and acted on in the afternoon. I still
can't believe we did itl
Mr. Rasheed: And Mr. Mayor, I like to say this is a good program and I'd like
to see it continued and expanded. I wouldn't like to see any one individual,
two or three individuals that have some problems jeopardize this effort
because there is no other way to finance these businesses in the area.
Mayor Suarez: I understand, and mentioning this other program, I just want to
illustrate that when we have a subcontractor that's minority, and it has a
subcontract with a major City developer that is contracting with the City as
the Overtown/Park West are, by helping them with loans to allow them to expand
their business and bid on other subcontracts, we are helping them to you know,
enhance their businesses, and so on. This is the first time we've done that
in the City.
----------------------------------------------------------------------
49. Authorize expenditure of $468,617 by the Dept. of Computers from the
current year's appropriation to cover January 1989.
Mayor Suarez: Item 46.
Mr. Plummer: I'll move 46.
Mayor Suarez: Moved, 46, authorizing one -twelfth of the year's budget to the
Department of Computers and if any Commissioner is going to want a report, I
presume.
Mr. Dawkins: Nol
Mr. Plummer: Oh, you don't want to give him this? _
Mr. Dawkins: No. They have not come up and showed me where they're. I.
mean, you keep saying that you are going to computerize the department, OK,
and you have yet to do it.
Mr. Carlos Smith: I guess I'll give you the status now, where we stand on the
RFP for personnel and financial systems. We... as authorized by the City
Commission, we put out a request for proposals for personnel and financial
systems, 38 bidders...
Mr. Dawkins: OK, when you get that back, come back for the one -twelfth.. You
see, I did this for a purpose sir, in order to spur you up, OK?
Mr. Smith: I understand, Commissioner.
Mayor Suarez: A personnel and financial system?
Mr. Dawkins: And each month, you come back and you get one -twelfth. I may,as
well have given it all to you and forgotten about itl
Mr. Smith: Commissioner, as I indicated to you, I believe it was a couple of
days ago,. we have... a Selection Committee was put together of private sector
individuals and three individuals from the employees of the City of Miami. We
had presentations from the two highest ranking bidders and the committee
K; unanimously has selected more governmental systems as the most responsive
bidder. We would like authorization to proceed with negotiations and bring it
back on January 12th for approval and awarding.
x' Mr. Dawkins: Which of the Commissioners up here, because I know, it hasn't
E been ma, have you been to, to show them what you are going to do, to. see ,' ,f
Mr. Dawkins: They haven't been to me at all.
Mr. Smith: Commissioner, excuse me, I...
Mr. Plummer: For the record, I've got some serious problems with an $600,000
expenditure, when this other bid was $400,000, so whenever you are ready to
start talking about that, I'm ready to go, but that's not the issue before us.
Mr. Smith: As I explained this morning, I mean, we can discuss that now.
Frankly, I have to discuss that, otherwise I won't get my one -twelfth.
Mr. Plummer: I don't think you got time to discuss it today, to be honest
with you, because, you know, you do what you want.
Mr. Dawkins: You know, and all I'm saying Carlos, is, you know, don't come
this morning with this, you know, and tell me, I mean, that you want your one
twelfth.
Mr. Smith: Commissioner, I met with you two days ago to inform you of where
we stood.
Mr. Dawkins: You didn't show me nothing! You met with me...
Mr. Smith: But I gave you information that we have selected Moore Governmental
Systems as the vendor. Now, the Commission requested...
Mr. Dawkins: But you did not tell me that one of them was $800,000 and one of
them was $400,000.
Mr. Smith: There was one of $800,000 and one of...
Mr. Dawkins: Well, no, no, I'm...
Mr. Smith: Let me explain please, one $800,000...
Mr. Dawkins: But did you tell me that, sir?
Mr. Smith: I did not.
Mr. Dawkins: OK, so you see, I don't know anything, but that you want, again,
you want another one -twelfth of your total budget.
Mr. Smith: Let me explain to you what the committee did. The Commission
asked us to put together a committee of private sector individuals and City of
Miami employees to make sure that, I presume, to make sure that the selection
process was done with input from the private sector, supposedly, that would
enhance the procedure. The Selection Committee basically decided that the
features and functions of the software was more important than the cost and it
was a unanimous decision that for the City, the best bidder was Moore
Governmental Systems.
Mayor Suarez: I for myself, want to repeat once again that I would have been
more than happy if the department had a way of having information retrieval
system that would simply allow us at any time to find out what employees were
hired and the relevant data about each one and those that have applied over
the last 12 months, or years, or whatever span of time, very simple little
computer system that we could have designed in house, have the cards typed, or
whatever, the tapes, or whatever you use nowadays in computers, and implement
it all, in you know, a few weeks at most. If not, I don't care if we do it in
blackboards up there or something, or by hand. I don't buy your entire
proposal of this system. I also don't believe that we should be holding you
hostage every month for one/twelfth of the budget. People have to do the work
that they do in a computer department.
4a
Mr. Dawkins: One -twelfth of the budget has nothing to do with.. people
<
salaries. Let's don't sit up here and say that I, Miller Dawkins said, do.not
r
..,
pay people for working. I said that one -twelfth of the budget that you are
'
spending outside of... because I don't want anybody in the Computer Department
k
'worried about their salaries.
106 December 15, 19@@
,
Mayor Suarez: `Dell, that's a good clarification. if we are talking about
holding hostage anything other than personnel costs in your department..,
Mr. Smith: 'fie have been holding hostage everything.
Mayor Suarez: Well, we just got a...
Mr. Dawkins: No, you haven't, no, you haven't... How did he get paid?
Mr. Smith: That's interpretation, and that's.,. Commissioner, that's
interpretation, has been given...
Mr. Plummer: You got one -twelfth of what your total request was in the
budget, so you are not holding anything hostage.
Mr. Smith: No, that is correct, including salaries, which is what
Commissioner Dawkins...
Mayor Suarez: Right, now if we are going to exclude that, let's clarify that.
Mr. Plummer: No, no, they got... you divide twelve into the total budget of
their request as approved and that's what this number is here.
Mr. Odio: Let me ask a question.
Mayor Suarez: Right, and that includes 70 or 80 percent personnel, like any
other department in the City of Miami.
Mr. Odio: Let me ask a question on the intention. If we do not, -get this
approved, we cannot pay the employees next month.
Mr. Smith: Not only we cannot pay the employees, we have to close down..
Mayor Suarez: Commissioner Dawkins is clarifying that he doesn't need to have
it applied...
Mr. Dawkins: I'll. make motion, all right? There is a motion that somebody
between now and 7:30, tell me how much of the $468,617 is for budget, for
personnel.and.salaries, fringes,,hospitalization, etc.
Mr. Plummer: It's just about...
Mr. Odio: 90 percent.
Mr. Dawkins: 90 percent?
'
Mr. Plummer: Just about 90. That's true the whole City-wide.
Mayor Suarez: 90 is probably high.
`
Mr. Smith: There are other issues in here. We are paying maintenance today
on microcomputers and software on a monthly basis, which we could save some
money if we paid up front, but we are paying on a monthly basis. If we don't
pay on a monthly basis, we don't have maintenance on those items.
Mr. Dawkins: You know, this is the fourth year, OK, I've been through this.
If God's smiles on me and I'm reelected in November, you can bet your bottom
rS;
dollar that if you do not have the Personnel Department computerized, I will
i
move not to fund computers not one penny and to disband it.
Mr. Smith: Commissioner, let me... I will need some instructions from you as
x?
to which way you want me to go right now, because we put out a bid...
Mr. Dawkins: All right, I am going to make my statement. I am through with
it, OK? - because this is the fourth year I have beenthroughthisl And -each
t"
year you people tell me we are going to computerize personnel. I cannot go
into the Personnel Department and ask you how many men applied for the: Police
Department and you can pull it up on a screen in this electronic world,.;.OK?,
,VO
Mayor Suarers Well, but wait a minute now, here, let me give you a catch-22',
Catch-220 that's not what they are talking about in this $800#000 expand itu'o
f=F�
187 Decomb�
41
r
k ;
W
What you are asking for and ghat the Mayor said would be a very email Dart 6f
this total financial package that they are asking for. 96, let's understand
where we are corning from.
Mr, Dawkinsa Y understand where we are coding trots.
Mayor Suarez: A software system I'll guarantee you to do what you want' you .
could do for $50,000 or $60,000.
•
Mr. Dawkins: And they could have done it two years ago,
Mr, Plummer: And they are talking about an $800,000 package to revolutionise
the total Financial Department. There's a big difference)
Mr. Dawkins: And I said nothing about Finance.
Mayor Suarez: The Financial Department,
Mr. Dawkinsr Yes.
Mayor Suarez: What do you mean, the Financial Department? The Finance
hannrtment nP the rlty of M�nen19
Could I... no, 1 understand -
Mayor Suarez- Carlos, you know, there is a very high priority of thia
Commission to, 2 think, voiced by Commissioner Dawkins, echoed by myself and
the rest of the Commission, to computerize, quote, unquote, the Personnel
Department of the City of Miami, as quickly as you possibly can do it, within
the present computer system, if at all possible, and I presume it can be done
within the present system. In other words...
Mr. Smith- Mr. Mayor, the Commission authorized us to go for a bid on
Personnel and Financial systems, which we saw a need in both areas. We have
prioritized the implementation of the systems and we have put Personnel on the
top priority. Our intention...
Mayor Suarez: I don't care if you do the checks by hand. We are concerned
about being able to get information on Personnel, how many applied, etc.
Mr. Smith: I understand. The fact that we have put out a bid for all of it
doesn't mean that we will not put Personnel first.
Mayor Suarez: Why did you not go first to the highest priorities established
by this Commission?
Mr. Smith: We have.
Mr. Odio: We have.
Mayor Suarez: ;It doesn'ti sound like it when you combine it with an $800,000
system.
Mr.'Odio: We have, Mr. Mayor, it.doesn't'make sense as to do one piece...
Mr. Smith: Let me say this, first..'.
Mr. Dawkins: Your whole problem is -that the Administration does not listen to
the Commissioners. They go on and do what they want, when'they want and how
they want it, and that's just that simple.
Mr. -Smith: Mr. Mayor, let me give -;you an example. -:.Personnel and:Payroll.are
two ..systems that are very tied together. :x
Mayor..Suarez: I gather they, are quite closely ---link'
ad _ 'w
rz .
Mr. Smith: Very closely linked.
Mayor Suarez: Carlos, .but we,had a.particular:.preoccupation°.with,Anformation
R as•.to.personnel.
Mr. Smith: I understand,; I undo rstand,loand our .first priority As Personnel "
{} implement.
Mr. Plummer: You got $357,000 difference between the,,and..=you are
{ recommending the higher one. yx} U
3 Mr. :Smith:. Commissioner, the two bids;if you'll....'
Mr. .Plummer: I can buy a hell of a lot of chalk boards,,for that.
Mr. Smith: If you look at both of them on a base price,,both of them,aee very �ry
}� similar. The difference is about $18,000... e
Mr. Plummer: Carlos, I'm going to ask you on the record, what I asked yout.in
' my:.office.Did both companies qualify under the specs?
Mr. Smith: Given the. written responses, let me please explain-. .':
m
5 v Mr. Plummer: Did they qualify under the specs?
' Mr. Smith: .I would like ;to explain my answer, please.
M , Then I'll let you explain.
tr fir. � Plummer; � Xes � or no.
i 4 4
fit rr� 9't.4
'``fit
189
Aeo�ezk it 19$y,�,�
w
Mr. Smiths No.
Mr. Plummer: They did not. Then there is only one bid I if they did not
qualify, there is only one bid, that's my point, and I continuously come back
to it. If we wrote specs that were not good, shame on us, but when you bring
me two bids and tell me that they are both qualified, and one is $400,000 and
the other $800,000, my friend, something is wrong, radically wrong)
Mr. Smith: As I explained to you this morning, because of the written
responses, we thought there were two bidders. Once we started looking at the
presentations and asking specific questions as to how they would do certain
things, the answer was that they could not do it.
Mr. Plummer: Then there is only one bidderl
Mr. Smith: And that is the... we have...
Mr. Plummer: Then there is only one bidder. If they do not qualify, they are
not a bidder.
Mayor Suarez: When are we supposed to take action on the two bids. Is that
scheduled for January?
Mr. Plummer: Well, you take whatever action you want. I am not voting for
$800,000.
Mayor Suarez: That presumably is the one that you deem to be qualified? The
higher one of the two? Was that scheduled to be...
Mr. Smith: Let me also say it was not my decision. It was a committee of
both private and City of Miami employees.
Mayor Suarez: Well, you know what I think of committees. Listen...
Mr. Plummer: Well, let me ask a question on the record. Carlos, did you go
around to all the people and ask them to give you a wish list?
Mr. Smith: Each department put together what their requirements were.
Personnel Department put down what their requirements were and Finance did the
same thing. Purchasing also did the same thing. We don't have a purchasing
system, for example, and that's one of the systems we are looking at. We do
not have a consolidated Accounts Receivable system in the City, that is one of
the things that we are looking at. We need to consolidate receivables.. We
have a lousy payable system.
Mayor Suarez: We have a system, it may not be a good system, but it is a
system that has gotten us this far.
Mr. Smith: Mr. Mayor, I am telling you also...
Mayor Suarez: It is not computerized, Carlos, and there are a lot of things
in life that are better left without computerizing and that somehow is not
being reflected in the way the City is being administered, unfortunately,
because when you got 3,500 employees maximum, and not that many transactions
as some other people that obviously need to have computers for everything, I
wonder sometimes if we are not over computerizing. Anyhow, I entertain a
motion to waive, or is it an ordinance that we have? No, it is not an
ordinance, it is a resolution.
Mr. Fernandez: Resolution, right.
Mayor Suarez: On the budget of the Computers Department until the end of the
fiscal year, and at the same time, with the understanding, Carlos, that with
all due speed, you will get the Personnel Department computerized, if you must
C)
do it in conjunction with another bid for software or hardware, or the
combination of both, I guess that it is life, but understanding the priority
that we got, don't worry about wish lists from other departments, please.
Mr. Plummer: Don't we have 36 programmers?
t
Mr. Smith: Twenty.
f
ti
190
yy tz
Mr, Plum mart Wenty.
Mr. bawkinss l'th going to vote against the motion, I don't care
because I feel that the Computer Department has not been fair
meet my request, so therefore I cannot vote yes with the motion.
Mayor Suarez: I thought you wanted to eliminate the requirement.
Who slakes it
in trying to
Mr. Dawkinst I don't care what you all thought. I mean, they just
demonstrated that they are not concerned about what I as a Commissioner desire
in the City of Miami.
Mayor Suarez: You compose a motion that we'll pass. I'll vote for one that
will allow them to go to the end of the fiscal year, one that will allow them
to function another month. One that will allow them to function whatever
time it takes to complete this Commission meeting, and get to the other agenda
items.
Mr. Plummer: I'll vote for what's on the agenda.
Mayor Suarez: OK, move it, please.
Mr. Plummer: I'll move the item on the agenda.
Mrs. Kennedy: And I'll second.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its ,adoption:
RESOLUTION NO. 88-1188
it
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $468,617
.r
FOR THE MONTH OF JANUARY 1989 BY THE DEPARTMENT OF
COMPUTERS FROM THE CURRENT YEAR'S APPROPRIATION FOR
SAID DEPARTMENT IN ACCORDANCE WITH THE POLICY OF THE Nt''
CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clark.)
r ;
Upon being seconded by Commissioner Kennedy,, the -resolution was passed
and'adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
{ Mayor Xavier L. Suarez L<
NOES: Commissioner Miller J. Dawkins 4
ABSENT: None. '#
,
r,G --- ---- --- --- ---- - --- -- -- --
!1A}•1 50, 'Ratify Manager's finding of -emergency to -lease 110. pagers., to':. be .-used by
#' the Police Dept.:- approve issuance of emergency purchase'. order, to Tel-'
J
Car Corp.. „
- j
`� f---------- --------- ----------
-------- —------ -----
55 r"8
4 Mayor Suarez: Item 47. r;
� Mrs. Kennedy: Mr. Manager, why
is this an emergency?
Plummer: Because I caught him east month
t
h'`4'5't8'3wx`�rt �.�r r
h Mri, , Fernandexs On. item 47? ftz ;run ia�F A
4?J 5
hat i8 i,.tX :i ;,t:. sr , 1 x �� } g �r �..trt N fs u xa {t zMk 3} .t°" Aq„'y{
tic. Plummerr T � � �`� ,��,�j , ���� � � }, ;�`�,z��,
�,'} aty"
�a�tr 1.44
unner: I moved
Su'are- z: -;'* in f airo-
Mayor Suarea: Veil, what we are trying to say is, that with Planning and
Boning still left, quite at few personal appearances and other City items,
ehanges are not looking really good for item 106 before 9:00 p.m.
Mr. Plummer: Mr. Mayor, this is the first agenda we've not got into Planning
and Zoning and we've got to finish normally this agenda before we start on the
other one.
Mayor Suarez: Not the way we had it scheduled. tie had Planning and Zoning
beginning at 2:00 p.m.
Mr. Plummer: No, I'm saying as far as the numbers are concerned.
Mayor Suarez: We haven't done a single Planning and Zoning agenda item.
Weave combined both meetings into a single...
Ms. Nancy Benouaich: Mr. Mayor, the reason for the deferment... Nancy
Benouaich, president of the Bay Heights Homeowners' Association. The reason
for the deferral is there quite a few people here and they noticed that the
agenda was quite long and they would like to ask, due to the reason it is
close to the holidays, whether we can do this after the holidays on January
12th. Many have left already.
Mr. Plummer: As far as I am concerned, if it's the agreement, that's fine. I
just don't want to deny the people that have stayed and stood it out to be
denied their right to speak.
Ms. Benouaich: Well, I don't think that is the case, because many of them
would have left anyway.
Mr. Plummer: Does anybody here have an objection to this being put over to
the January meeting? Then -I so move. Nobody has an objection. No, wait a
minute, hold on. For the record, so I don't have 47 phone calls tonight.
Mr. Manager, 20 Samana Drive. You gave me a memo that it; was coming down in
two weeks. It's still there. These people are ;wanting to know why
Commissioner Plummer lied to them.
Mr. Odio: You.did not, we... You did not lie to them, 'you _just don't.
Mr. Plummer: It happens all:the,time:
Mr. Odio: You just don'ttell:them the whole story.
Mr. Plummer: So that they all know at one time as,,I do, what is the posture? k
t Mr.- Rodriguez: We received today the bids, and the bids came out for more
than $4,500. They came out for $4,800. For that reason, we have to come...':
Mr. Odio: And you allowed me today to proceed and award the bid, and I can go
x ahead and demolish that house immediately.
Mr. Plummer: Well, wait a minute, that's fine, I'm willing to do_it, but I am ,
telling you something, I told you before, what are:, you','going .to do about'al e �w
old man?
Mr. Odio: We'll leave him inside.:We'll have to remove
Ms. Benouaich: He'll.have•to go',live with his wife: r {,
' Mr. Plummer: Well, hey, I'm just saying that that is going,to,be one hell of
r
aproblem. ` b
Mr. Odio: Well, we now have a demolition permit. We have the 46mo,liti6n .,
44't' company that
it, and we are going -to .proceed with the demolition
h Mr. Plummer: t
Can we make an emergency resolution now?
x rz ;
z, {�
`Mr. Odio: Yes, you can.��
4.
Mr, Fernandez: For the approving of the 4 800? �Yr°
Plummer; Yes.
t
' 196
+, sr pppp
1
�?s�omliAac 18�
y� t
N
Mr. Fornandets Yes, you tahi
Mr. Rodriguett Approximately $4,800.
Mr. Odib: Approve it up to $5,000 to cover, just in oafte, We 'don't have the
bid here.
Mrs. tennt3dy t Not to exceed $5, 000.
Mr. Odiot Not to exceed $5,000.
Mr. Plummert I'll trove that the demolition bid, not to exceed $5)000 for 20
Bay...
Mrs. Xennedyt Second.
Mr. Rodriguez: Samana Drive.
Mr. Plummer: 20 Samana... about to tear somebody else's house downs 20
Samana Drive for the demolition thereof and a Tian immediately placed against` `
the property to recover the City's cost of demolition.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
Mr. Plummer: What time?
Mr. Rodriguez:. As soon as possible.
Ms: Benouaich:.. As soon as possible.
Mayor Suarez: That's always `built into.our'-resolutions, as soon.as possible:
That's.automatic.
Ms. Benouaich. That:is,of the"essen6e�at"'20 Samanaz
Y r
Mr. Plummer. Here again, Mr Manager, `you'.are going tohave hell on your,j�r�-
fi
hands, so you better -be prepared
Mayor Suarez: Singular `exceptions
4 `Mr. Odic: We will award the contract -tomorrow hopefully'
3� Mrs. Kennedy: Yes, ° tomorrow we can `award the bid`
t
The following resolution was introduced by''.Commiasioner::.Plummer,
moved its :adoption:
RESOLUTION NO. 88-1191 r
A RESOLUTION 'ACCEPTING THE BID OF TREE MASTERS, INC:" 4q
FOR THE FURNISHING OF DEMOLITION SERVICES FOR THE } `r DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSEDAr
yY r°rxr
r _`•<f`. COST OF $4,885.00• ALLOCATING FUNDS THEREFOR FROM THE
BUILDING & ZONING DEMOLITION FUND ACCOUNT CODE N0.` pia
rc' 560502-340-110035• THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on'a{,;�,
4file in the Office of the City Clerk.)
being seconded by Commissioner Kennedy, . the "resolutiozi was pat3eQd A
and adopted by the following vote:
1
h�-iJ i f }
AUNTs None.
---------------------- - - - - - - -
54. ACCEPT BIDS LA MAR CONSTRUCTION for prototypical housing Vyhwood
scattered site housing - construction of two single family homes to be
developed at 49 NW 35th Street in Uynwood.
--------------------------------------- -------- -----------------
Mayor Suarez: Item 49.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Accepting of bid. Seconded, Hispanic contract.or,prototypiqal,-
housingi-City of Miami-Wynvood scattered site housing. Call the
roll.
The following -resolution was introduced by Commissioner Dawkinay.,
v ho
moved its adoption:
RESOLUTION NO. 88-1192
J
A RESOLUTION WITH ATTACHMENTS ACCEPTING THE BID OF LA
MAR 'CONSTRUCTION IN THE PROPOSED AMOUNT OF $83,900,
BASE BID OF THE PROPOSAL, FOR PROTOTYPICAL HOUSING
CITY OF MIAMI - WYNWOOD SCATTERED SITE HOUSING IN
CONNECTION WITH THE CONSTRUCTION OF TWO SINGLE FAMILY
HOMES TO BE DEVELOPED ON CITY -OWNED LOTS 34 AND 35 AT
49 NORTHWEST 35TH STREET IN THE WYNWOOD NEIGHBORHOOD;
WITH FUNDS THEREFOR PREVIOUSLY ALLOCATED FROM
"SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM" ACCOUNT, CAPITAL IMPROVEMENTS ORDINANCE NO.
10510, PROJECT NO. 321034 TO COVER THE CONTRACT COST,
Z" 4
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
IN SUBSTANTIALLY THE FORM ATTACHED WITH SAID FIRM.
NOES: None
None.
'y
L
bit. MARM W=ft KtRO, JR. PARAbli Alioanta $4,900 to aupPor 6f.
parade anhedulnd for January It, 1090 wthor#ta street ntaaurenf'
astAb136h pAaantrian thall, btn.
Tula resolution was itttr6duead by Cbfthi§§1bh6r Dawkifth; Vhb
fhav6d its ad6ptiaht
RESOLUTION NO. 00-110
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EMCEED $4jSOO
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN
SUPPORT OF THE MARTIN LUTHER KING PARADE TO BE
CONDUCTED BY THE MARTIN LUTHER KING COMMEMORATIVE
PARADE AND FESTIVITIES, INC., ON JANUARY 16, 1989;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY
THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF SAID EVENT; CONDITIONED
UPON THE ORGANIZERS PAYING FOR NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT AND SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY
APM-1-84 DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, ,the resolution was passed,
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy -
Commissioner Miller J. Dawkins
Vice. Mayor Victor De Yurre ,
Mayor Xavier L. Suarez
NOES: None.
a,
ABSENT: None
s I`.rcx
-------------
...t. ., _ t:
4 }
�r
56. LATIN CHAMBER: OF COMMERCE.'- Program of :Beautification of;Flag3er Street s=
Facades: Grant'`streat closures, permission,to sell beer, 'restrict retail:
peddlers, etc.
'4K yh-0 ,c3!
--------------------------------------------- .. ----------
Mr. De Yurre: Mr.. Sabines, Luis, number 83, there were s ome street closures w
Mayor Suarez Street closures on 83? Non -controversial
1 l CP
Mr. Plummer: If Luis Sabiries is here, it is controversial!In
rz'
Mr. De Yurre: I'll move -it.
f I4 3�
Mr. Dawkins No, I vote no f�
p a yn s r
f✓' - _ A S Lif" 13Th� -y d-4rt�[i�.:+4
`W } N.
Mr.:,..Plummer: I vote no u; d �j$j
F IV
V 4
' a r Mr. Dawkins: I ;vote no Seconded I, g(,�74 Mx. ,Plummer: Wait a minute.: Why. are we going=to..allow::him"to sell beex;;with: sif
all the.borrachos and we won't allow -it in the.:Orange Bowl? 1
Y_
Mr. Luis Sabines: (COMMENTS . IN--.'SPANISH) Siempre no puede decir
�t Esta bien. Yo as. ,
t� FP 5 4c
Fi
Fti '
11J ;
Mayor Suarez: Call the roll-on item $3. Do you. have a movant,and a secoad?
a t
'+ Mr. Dawkins: I seconded,rg
itY fi r t
4O
Mayor Suarez: Call" the roll.
JI"A
illf, k",fl it
T,
o x A t3„
5� =1.r„,�} LTi'4.7KSR,.+k �n7�'8'�
�.'iln;:k
t
No f6llwiftg roh6lution WAII intradueLsd by C6wie§16nof Do
Yuma, A6
moved its &dbptibrit
RESOLUTION NO. 88-1104
'
A RESOLUTION CONCERNING THE BEAUTIFICATION CELEBRATION
t
TO BE CONDUCTED BY C.A.M.A.C,O.L, ON DECEMBER 16,
10881 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS
k
TO THROUGH VEHICULAR TRAFFIC, ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY
THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO
SELL BEER AND WINE IN CONNECTION WITH SAID EVENT
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
F
" PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED
}Rf'
UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS
,
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES
�x°
ASSOCIATED WITH SAID EVENT.
s
(Here follows body of resolution, omitted here and on
.
file in the Office of the City Clerk.)
Y
Upon being seconded by Commissioner Dawkins, the resolution
was passed }:
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
n
Commissioner Miller'J. Dawkins`
r
:. Vice Mayor Victor De'Yurre
Mayor Xavier L. Suarez
NOES: None.
-
r
ABSENT: None.
r t
-- ---- ----------------------- -- - -- ----- ---------- `.x`
1
The fallowing raaolutioti waa iritr6duced by Commisaioner 1twmdyj who u:
mmd ita adopt l6n i
RESOLUTION NO. 85-1195
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, 114 :
SUBSTANTIALLY THE FORM ATTACHED, WITH THE PROPERTY
,3
OWNER FOR ACQUISITION OF ONE PARCEL (PARCEL NO, 05=01)
WITHIN THE COCONUT GROVE COMMUNITY DEVELOPMENT TARGET
AREA AND WHICH IS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE
USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW
AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE
CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM; COST OF SAID ACQUISITION TO BE
DEFRAYED FROM PREVIOUSLY APPROPRIATED 11TH YEAR
COMMUNITY DEVELOPMENT LAND ACQUISITION FUNDS IN THE
AMOUNT OF $1,000,000; FURTHER AUTHORIZING THE CITY 3.1
ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCEL
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE; PROVIDING FOR AN EFFECTIVE DATE OF
DECEMBER 20, 1988 UNLESS A REQUEST FOR DEFERMENT IS
MADE BY ANY MEMBER OF THE CITY COMMISSION PRIOR TO
SUCH EFFECTIVE DATE.
j
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, 'the,resolution"was passed,'
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr. z
Commissioner Rosario Kennedy irn
Commissioner Miller.J.<Dawkins
ViceMayor Victor De Yurre'z
Mayor Xavier L. Suarez,,,.,,
u g
NOES: None.
ABSENT: None.
u a ,r3"
58.— ALLAPATTAH COMMUNITY DEVELOPMENT .TARGET`. AREA: Authorize acquisition 'of
' two parcels to be used for development of low and:. moderate income rK ;
housing authorize City Attorney to proceed to close on subject
€ parcels.
N 5 Q Y 4 JY
i
Mayor -Suarez s Item 51. A*�y
i izt
!fir�Dawkins s Move
F x kt Mayor Suarez: Moved.
' Mrs. Kennedy: Second;
r
.�blj / r,4 , �t. . �. '. ~ •. ': •, .E. k r .Y ' �.� JY��X'^fi� i�
Mayor Suarezv Seconded Any discussion? Call ,the roll oa 51 T � uw = , sr�9'
Z
.�}r,�s a �i ''r '' t e�.-v i ku�iT :•�a."�n.. 5nJ!
� ,d t•� t
.f:
The following resolution who introdiieed by CoMiesionor DAVItitte, Who
moved Ito adopt iofi t
RESOLUTION 90, 80-1196
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING TILE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH THE PROPERTY
OWNERS FOR ACQUISITION OF TWO PARCELS (PARCEL NOS, 03- '
21 AND 03-22) WITHIN THE ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA AND WHICH IS MORE PARTICULARLY
AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND
"B", TO BE USED FOR THE DEVELOPMENT OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN
CONNECTION WITH THE CITY SPONSORED SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT PROGRAM; FUNDS IN THE
AMOUNT OF $663,700 ARE AVAILABLE FROM THE ORIGINAL
$1,000,000 ALLOCATED FROM 11TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION OF THE
SUBJECT PROPERTIES IN CONNECTION WITH THE SAID
PROGRAM; FURTHER AUTHORIZING THE CITY ATTORNEY TO 4}
PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE; PROVIDING FOR AN EFFECTIVE DATE OF
DECEMBER 20, 1988, UNLESS A REQUEST FOR DEFERMENT IS
MADE BY ANY MEMBER OF THE CITY COMMISSION PRIOR TO
SUCH EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote: y
AYES: Commissioner J. L. Plummer, Jr.`,
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins f
Vice Mayor Victor De Yurre
Mayor Xavier L._Suarez
t ,
NOES: None.
J
x
ABSENT: None.
Mr. Plummer: Well, excuse me, Mr. Mayor, on5l, the same amendment.
Mayor, Madam Clerk, I'm attaching the same on 51.�`N.
59.'- Exercise rental option on loan agreement with Coconut -Grove Bank for:` =sf
office space in their building at 2701 S. Bayshore Drive.
� 3
-------------------------------------------------------------- 4{
Mayor Suarez: Item 52. I presume that's a short term lease, Mr. Managers One
g"m}t
Mr..Odio. Yes, air. rw
iM
% Sit
Mayor. Do you recommend ;the ;terms?
! t
Mr. , Odio: :.Yes, sir. a n r�T i4 4 8 r lit it 71jyt
Mrs: Kennedy: Move it
.. :.
Mayor Suarez: Moved, do we have a Second?.
i$r't�ar'`c"Y
Mr., Plummer: I'll second. the . motion; who: is . i�n> that spacer? ' �
Dawkins; Yes, I'.11 second. t " � POT, ;
g , Mr, Odio1 Labor Relatiops.
f
�f.
�5,��f
�
1"y�
RESOLUTION NO, 88-1191
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE
A RENEWAL OPTION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE LEASE AGREEMENT DATED NOVEMBER 1,
1984, BETWEEN THE CITY OF MIAMI AND COCONUT GROVE
BANK, FOR 2.383 SQUARE FEET OF SPACE IN THE COCONUT
GROVE BANK BUILDING AT 2701 SOUTH BAYSHORE DRIVE, FOR
THE PERIOD BEGINNING NOVEMBER 1, 1988 AND ENDING
OCTOBER 31, 1989, AT A YEARLY RENTAL OF $47,660, WITH
FUNDS THEREFOR ALLOCATED FROM THE OFFICE OF LABOR
RELATIONS' BUDGETED FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------- -----------------------------------------------
60. APPROVE DECLARATION OF TRUST IF THE INTERNATIONAL CITY MANAGEMENT
ASSOCIATION (ICMA) RETIREMENT TRUST authorize Manager to execute trust'
agreement regarding the City Employee ICMA deferred compensation
program - designate City Labor Relations Officer as coordinator for the
plan.
-------------------------- --------- -- ---------------- ---- ------ t..
Mayor Suarez: Item 53.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Under discussion, Mr. Manager.`
Mayor Suarez: Seconded for discussion by Commissioner Dawkins.Yess
Mr. Dawkins: Has nobody other than the City Labor Relations officer who could&
be designated I, mean, 'I know that's your job, but there's' nobody' else who �
could do this? p`N
Mr. Dean Mielke: Commissioner Dawkins, my only role on that is to help people
sign up if they want to come here and the Finance Department takes care of the'
billing and the money and all of that. My job is to sign them up, unsign them
up if they want to get out, trouble shoot any problems they have as far having; r�
anything, I don't have anything to do with accounting or that sort of thing at'_
all.
Mr. Dawkins: OK, well et somebody to work with ` you in case'
g y y you have a
attack. I got somebody to step'in, that's all,}+`
Mr.. Mielke: I'll be glad to. I'll be glad to
Hr,,Dawkins; OK, thank
t
s
f
Mayor Suarez: Call the roil.
Ms. Hirai: Need a second on the motion, Mr. Mayor, Mr. Plummer moved it, do
you second, Commissioner Dawkins? All right.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1198
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY
COMMISSION APPROVING AND ADOPTING THE ATTACHED
DECLARATION OF TRUST OF THE INTERNATIONAL CITY
MANAGEMENT ASSOCIATION (ICMA) RETIREMENT TRUST;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION
THEREBY ENSURING CONTINUATION OF THE CITY EMPLOYEE
ICMA DEFERRED COMPENSATION PROGRAM AND GIVING THE CITY
OF MIAMI, ALONG WITH OTHER PUBLIC EMPLOYERS, THE
OPPORTUNITY TO NOMINATE AND VOTE FOR TRUSTEES OF THE
ICMA RETIREMENT TRUST; FURTHER, DESIGNATING THE
COORDINATOR FOR THE DEFERRED COMPENSATION PLAN, SAID
OFFICER TO RECEIVE ALL NECESSARY REPORTS, NOTICES AND
CORRESPONDENCE FROM THE ICMA RETIREMENT CORPORATION,
AS ADMINISTRATOR AND TO CAST, ON BEHALF OF THE CITY,
ANY REQUIRED VOTES UNDER THE PLAN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
-
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
by City
61. BRICKELL PARK: Continued discussion concerning status report
Attorney on the litigation (see label 18).
Mayor Suarez: You know, I keep seeing counselor in the back on the
Brickell
Avenue swap. I don't realistically think we're going to be able to act on
that today. I keep getting little notes from staff. I know
they're
interested in it, God bless them for it, they're not this Commission
and, you
know, the terms are still quite complex; apparently some of the
Brickell
family members are in agreement with some of the terms, some of them
are not.
Quite complicated for today's agenda. At this point, I don't want to
give the
impression that you should stick around, counselor, unless you want to.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You know, we spent a reasonable amount of time on a very
f
complex issue today. No Commissioner gave the impression that
we. were
concerned about the deadline imposed by your - apparent deadline of
December
23rd - we didn't even take it all that seriously, to tell you the truth. So,
Y
ter'
you know, it would be nice to settle it today, but I have a feeling
it's not
'<
going to be settled in the posture that I've been told that it's in
right now
}"
which is quite complicated. We don't even know exactly how all
of your
various clients feel.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
1 K 5
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205 AnlbAx 1, i18Qras#±
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Mayor Suarez: You certainly can. I Mean, I don't want you to stick around
all day on the...
;y
Mr. Dawkinst All right.
Mayor Suarezt ... concept that we're going to get to that item.
Sally Richardson, Esq.t Mayor, let me clarify one point. Sally Richardson.
The deadline is not one that was imposed by the Brickells. As I understand
it, through the parties that we're dealing with on the River point property..:
Mayor Suarezt Oh, I see, what you're saying is that...
Ms. Richardsont ... unless this agreement is reached, and it's actually by
the end of the year, the 23rd was something that we thought was a deadline
that you all needed to meet. R,
Mayor Suarez: Well, I'll tell you this.
Ms. Richardson: But, we can't...
Mayor Suarez: I know what you're saying. You're talking about three parties
and some of the other parties may also have deadlines and so on.
Ms. Richardson: Well, the River Point property, as I understand it, cannot be
acquired after December 31st, so we have to have this....
Mayor Suarez: OK, now I'll make you a deal.
Ms. Richardson: OK.
Mayor Suarez: And I think the Commission will go along with it. And, if not,
I'll call a special session and nobody will attend. In which case, we won't k
be able to act anyhow. If I am informed before December 31st that an absolute t
deal that can be recommended as to all of its particulars has been reached and x
that there's a substantial likelihood that the Commission majority will,
approve, I will call a special session. And it will be a very. brief special 'r
session. But if not...
Ms. Richardson: OK...
Mayor `Suarez: we don'
t 't seem that close from what I keep "hearing
Mr:., :Plummer: No, I" don't think we ' are.
Mr. Fernandez: No.
Mayor Suarez: ... I mean it, you know, you hear. Commissioner Plummer saying'
that he doesn't even know, I don't think .at this point, unless they've
informed -him, that some -of your clients, the Brickells, you know, they're
divided like into three different groups and that you have to consult one.
quarter and three quarters and...
110,
Ms. Richardson: Well, our problem today was...
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Mayor Suarez: Not to mention the other party.
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Ms: Richardson: ... they're well. N�
Mayor Suarez: Although I guess they're basically in.agreement `is long.as they' ffyF4,
get paid.
Ms. Richardson: There's a small .group of people of the Bricks11 heirs, 25 .
percent, who we could not reach their attorney:- all. day. -. It was impossible'
We tried every .way.-
1 i �n.'TS
Mayor Suarez; But they're all represented by,.attorneys... 01
No. Richard: We think, yes, and we think they will... F Tg4
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Mayor Suarez: ..i so it is conceivable that between now and December 316t,
even without a miracle, that we might have an agreement from all of them that
it's something that can be recommended, given the considerations of the
Commissioners....
Mr. De Yurre: It's the 23rd. It's the 23rd, not the 31st.
Mayor Suarez: Well, she's saying the 31st is the real deadline.
Ms. Richardson: It is the 319t. We understood that the Commission couldn't
meet between the 23rd and the 31st, so it's the 31st.
Mr. De Yurre: OK, yes...
Mayor Suarez: Just saying the Brickell Point people have a problem going
beyond December 31st.
Ms. Richardson: I...
Mr. De Yurre: The problem that I have is we've been looking at the covenants
and the restrictions. We haven't even gotten into the price aspect of it.
You know, this is an item that in all seriousness, you know, we're talking
about hours of actually understanding it to really absorb... we're talking
about 11, 12, 13 million dollars here. It's not the type of thing that we can
just, you know, it's not a street closure.
Mayor Suarez: Well, but, the basic parameters that we gave to our staff were
complied to as to price. In other words, that we would at least come out, you
know, better than an even swap and they certainly have managed to come up with
that kind of a deal. The specifics of each aspect of a three-way deal, I
mean, you have quite a few days to go into it if you want but it's very
complicated.
Mr. De Yurre: I know, that's the whole thing. You know...
Ms. Richardson: Mr. Mayor, I...
Mayor Suarez: Once again, for his vote it sounds like he's going to want to
know every single aspect, so you may as well start with him` as soon ashe;'s
able to give you the time explaining the.elements of it, I...
Mr. Fernandez: There is also - Mr. Mayor, there is also another item that I
a;
was not able to address in the morning session when I was telling you about
the covenants because everything came to an end then. But there is also
provision in the settlement agreement that I must make you aware of. In the
case of an unwind, that is in the case that this settlement does not go
through because for whatever reason the Point property is not available or
what have you, the federal judge would also be approving as part of the
settlement agreement, that the Brickells would then again give back to the
City a warranty deed to the park putting us whole in terms of where we were
before this whole procedure. But, it leaves out completely the burial ground.
Mayor Suarez: Beyond our capacity to deal with at this point, is what I'm
x
telling you.
j x7
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Mr. Fernandez: Yes.
Mayor Suarez: Even without that particular consideration which'; sounds'
extremely complex. Way beyond our capacity to. deal with it today. That's±
45�?
what I wanted to let.you know.
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Ms. Richardson: We could...
Mayor Suarez: Now, I.will-say again, if you.make a recommendation and you`:
,:; f•
have an indication, the Manager has an indication that the Commission is:4
likely to approve it by a majority and unless someone here now makes a
statement that they would oppose such a special session, i will call,it`s
because I understand that you have a deadline and this is a very important'
tf
deal for the City.
z
Me. Richardson: And, Mr. Mayor... t �'
va
Mayor Suarez: But, if I had to predict right now, I'd say that's very tough
to happen, between now and the 31st of December for reasons you've heard. So
there's no need for you to stick around here.
Ms. Richardson: OK, 1 am prepared to represent to you that the two items that
were brought up this morning, the limitation on the structures so that it
could on the park and the condemnation proceeds, we're prepared...
Mayor Suarez: You've conceded those two.
Ms. Richardson: ... and I feel certain that the...
Mayor Suarez: But you've got one quarter of your clients that have not....
Ms. Richardson: I'm here to represent in good faith that I think we.can get
their agreement.
Mayor Suarez: Right.
He. Richardson: The people that I've been able to talk to, the 75 percent,
have agreed to that.
Mayor Suarez: OK, but you've heard one Commissioner say he now wants to go
into the entire mathematics of the whole deal. Other Commissioners that are
still concerned about any reservations being retained by your client. Other
Commissioners that... I mean, and the City Attorney coming up with another
fantastic scenario there that could complicate things. This is not an easy
matter. We may or may not be able to resolve it by December 31. Go to it and
if you have that information to me, I'll try to call a special session.
Mr. De Yurre: Or, you can start talking about extension on that option that
they have. You know, in all honesty, I cannot and I think I speak for the
rest of this Commission, I cannot absorb a $13,000,000 deal overnight. I
don't think I'm doing justice to the people that elected me. You know, if I'm
going to absorb something I need time - and I'm an attorney - and I deal in
real estate. OK? So maybe I'll be asking you things that ordinarily the
_ others wouldn't ask you but I have to make sure that...
Mayor Suarez: He's speaking for himself because I'm pretty familiar with the
details of the deal from the beginning and also because I'm going to have to
defer to our staff on that. But not all the Commissioners feel that way.'
Ms. Richardson: That's what the several months of negotiations have been over
with the specific terms with the City Attorney.
Mayor Suarez: Right, I think, by the way, you have gotten the impression from
dealing with staff, including DDA, that it's a little bit more viable than it
really sounds like, and I just don't want you to go away with the impression
that this whole thing is quite as doable as - it's a tough one. Not only in
terms of time but in terms of the actual elements of the deal.
Ms. Richardson: OK, we both that we admit the concerns of the Commission in
swapping the parks and providing the million dollars to build the park.
Mayor Suarez: Well, not quite, because they had both said - the two to my j
right had said, no reservations at all to a family that is taking $750,000
cash. Now, you're saying the only - I think the only ones you would agree to,.
I mean, the ones that you think would not be controversial and you would
ex ect us to agree to would be that there would be a park in perpetuity which
P
we typically
to that.
'
Mrs. Kennedy:
And that's all
that it would be.
i
Mayor Suarez:
And, right, and
other one is the...
`
Mr. De Yurre:
Public use in perpetuity.
r
Mayor Suarez:
Well, but with
a park classification.
Mr._ Plummer:
Well, you know,
let me...
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Mr, De Yurre:
Public use. If
they're getting $750,000 out
ofl,ahie,`..,
-
00
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Me �iombo P1y
,
Mr. Plummer, Hey. You know, I'm saying that if you all, and here's where I'm
coning from, if you all want to make a deal, it's a clean degl. No
restrictions, no covenants, no nothing, except as it relates to the mausoleum,
that I'll respect. But if, in fact, you :hake a deal, they're getting
$750,000, the apartments on the corner cannot build what they want to build
without that parcel and the other. I'm saying a clean deal. 0K?
Mayor Suarez: You see, you see, the level of complexity that the staff...
Mr. Plummer: You give me that piece of property, we give you the other, you
give me a million forty dollars, thank you, sign the deal.
Mayor Suarez: Yes, level of complexity...
Ms. Richardsons Then you don't intend to have a park there? Will Brickell`
Park be demolished?
Mr. Plummer: I don't want to be bound in£initum by that. That's why we're in
a lawsuit now.
Mayor Suarez: Remember, I asked your partner at the very beginning :of all- "
this, are they concerned about the sentimental value of keeping - and the
symbolic and the environmental value of keeping this as a park...
Mrs. Kennedy: Which, of course, they are.
Mayor Suarez: or are they concerned about money? And he said, both.
Ms. Richardson: Absolutely.
Mayor Suarez: Nov, this Commission is telling: you very: clearly, .if,,you're
concerned about money, don't tell us what to do with the property.:, Now, ;the
level of complexity is the other aspect of it. The level of complexity is
such that you might be able to convince them, but this Commission cannot deal
with it and it wantsto deal with it in its full detail as you've heard from
Vice Mayor and we won't be able to do that in the amount of time we're talking
about. So, try to make it as simple as possible and we'll try_ to. bring it
-back before the 31st if it's a deal that looks viable. It's the best we can
do.
Ms: Richardson: Thank you.
Mayor :Suarez: Thank you,.counsel.
------------------------------------------------------------------------
} tv
62, ACCEPT BID: GREATER MIAMI CATERERS, INC. for furnishing meals for day
care centers and one preschool center (for the Parks Dept.) ti
Mayor Suarez: Item 54.
Mr. Plummer: What's the coat permeal?x
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Mr. Kevin Smiths The cost per meal", Commissioner,.' is' $1.22, both hot and fy'r41
t1n
cold. ,f+
f is 0
� y Mr. Plummer: And you're telling me for. -•I find a discrepancy here Te11 me,
f�k u -
�54}
>^f `where the difference is. 'Your' authorization is' for; fifty thousand, yet "I see six
`r there's a.grant for ninety. p
Mr. Smith: Yes, sir, the ninety thousand would be if' we served total
every child in attendance every day and that has not happened: Last year, we' «
expended a total of $50,067 and that's what the grant was for last year.
ro-r#
t'"11"! 44t ate
NOY--
' Ar. Plumer: OR, Mr, Mayor-; just for your edification, hers: It another �.
bidding procedure. Va went out and only for $501666 worth of food, you'll
remember last year how many bidders we had. die got one bid. Something to 54
Mrs, kennedy: stet, there were four approved bidders by the State of Florida
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and yet we only got one.
Mr. Plummer: Something is wrong when we go out with a $5��60 contract
mm
knowing the amount of caterers in this town and we only gat.c
Mr. Odio: No, no, no, no. There's only four caterers approved by the .State
of Florida to provide this service.
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Mr. Plummer: mine, how come all four didn't bid?
r
Mrs. Xennedy: But why didn't all four bid? ,
Mr. Odic: We have to ask them.`
Mr. Smith: The three of the four did not bid because first of all, we have
multiple sites with the minimum number being fifteen lunches served at that
site. It's too small, they were not interested because they would have had to
.hire additional trucks, additional drivers and they are more of an
institutional service center. They were looking for bids which might serve-9
hundred lunches. r
Mr. Plummer: I got to tellyou, OK? And maybe this is.perfectly legitimate
in this case. I But it, looks highly suspicious to me and to members of the
public when you only;have a'single bid. I tell you something, I'm about to. go
-
to'the'old Joe Carolloroute, all right?
Mayor Suarez: You had tobring that up.kir;
Mr' '.°Plummer: ' If you don!t; have three' bids,, throw: them out.- It just
-make:'.any sense ,to, me that we have four million dollars worth of road�rr
'co
nstruction'and we,getj what did we get, four bids? Mrs Manager?
Mr. Odio. 'Six, 'I think.
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Mr: Plummer: - OK.pnr14
i W t N•-� i i. kf Y
_-Mayor: Suarez On item 54.
Mrs Kennedy: Have':we"had anyproblems ;with this? Any incidents?, F ;
Mr Smith: No; Commissioner, they've'been very,satisfactory:' They have`not �4=;
sY
'beetv,4ate, they have: been -'delivering the''food in: a.. high:.quality 'standards;;; {
,r itls been very acceptable: i Z'
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Mayor-- Suarez: Do you want to move it?.��
,s
Mrs:. Kennedy: Yes; 'I'll move it.
Mr... Plummer: Yes, . .I'll second. a `N'
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,, a r d.+ " ai z--S>z � t�•�,�r4 ��i'`-. -
Ma or: Suarez Call the roll on' 54. 'We have a inot�op and a 'sepond`5 L s t - y
i .4 ... ri.. . .,.. .. - '' .. ..:.' ,.r •- .. ;.. r _`Y. v,i..,; .n. '-Nh.., -.£, }..w..•.. iS :•, r. ..}:.A ..Ir.-fti3.5+�' . Sxs�tt.-�.�n�
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Th
e �11�ariin5 ��cslutl� was tatrodueed by CW01fibionbr itfriradY4 vhbi
jtmd its &deptlont LL
h'
RESOLUTION NO. 55-110
A MOLUTION ACCEPTING THE RID OF OREATER MIAMI
CATRAIRS, INC. FOR FURNISHING MEALS AT SIX (6) DAB
CARE CENTERS AND ONE (1) PRE SCHOOL CENTER TO THE
t
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A
TOTAL PROPOSED COST OF $50*067,001 ALLOCATING FUNDS
THEREFOR FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE GRANT THROUGH THE STATE OF FLORIDA
DEPARTMENT OF EDUCATION ACCOUNT CODE NO. 580201-710,,
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS�,R
SERVICE AND FURTHER AUTHORIZING THE CITY MANAGER TO `r
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE YEAR PERIOD "' +
AT THE SAME PRICE, TERMS AND CONDITIONS.
v V h 7
(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 pa--'-,-., i
and adopted by the following vote:
t
AYES: CommissionerJ. L. Plummer, Jr.
Commissioner Rosario Kennedy'
Vice Mayor Victor De Yurre' k
Mayorit Xavier L: Suarez,
,., r�r
NOES None.m�'
ABSENT Co mmissioner:Miller-Dawkins i
t �
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4 t
63 ORANGE BOWL CLASSIC FOOTBALL GAME Execute:agreement with Professional;
r Concessions, Inc for .sale_,, of authorized novelty: and; souvenir?
„ merchandise.
a�
Mayor,, Suarez: Let me tell, you we're going to do item 55 for, those of you who 1t'rt,a
have been' waiting. Then we're' going to appoint boards and :commnittees which ,
` doesn!t aka any time typically and then go right into planning and zoning. r
acts The, personal appearances- scheduled. for 3:00 will :be at the end' of, the agenda' yn
because we should get .into planning and zoning; r'
Mr. Dawkins: OK, well , I got some:I want to hear.
Mayor Suarez: If the Comunissioner wants'to.take one; out of order we will be i�
Y -
` happy to do that. Item 55. rr,
r} Mr Plummer I move 55 Tl
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`ram , } .t r .. j Y e i y ✓,a�j sn+3 : �„x ..g ic.1-15Pr e.
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' ' Mayort,SuarersMoved Item
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r Mrs . econtKennedy �' Sd::
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r �at _ 2' f Mr • Dawkiaa. Second'1'sc57idS���f'',�
�,� �'� Y �� r, t 5 f� srr � y4,} .1 rt a rrr + i` ty 'LLY. aX x °; a ' "� }`✓.' '�'
gJc.�3'r+r'g�'"
. Mayor Suarez;,.,.Call the roll
a - a s• ' r ` t' z a a ' ,a.F x,tt.. __��.7sF.�'t����s eftt -
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iYYYimmis"w4l wain"iUii�i�+iliYiUCiiY8fii1K'AiiKiGi,m.1"x .:li�af:ti4ti0CitI A6XbSt.':iCY9WA"J6nA6tt l0S.Yicltt!!�'t!:t.gttiGl MG606 "M49461 tmtiiiA=UVW"96YiC'Yl' �'
6S, MIAMI WA R�RSNT AbVI80ftY b6ARb Appti1MTMOT9. Appointed wars. done WieI
,?ohm A� Drammen end Dove Gauthen�
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Mr, plute�nert'ifty�aeven71. ,
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Mayoruarezt pifty seven appointing... f"'
Mr Diummert It's for the alternate, I'll norainata David Ray: whc had ' Vy
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previously. �.
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Mr. Dawkins: itoid it, whet is thi7 Whet board its this?
,,
Mr. Odios Waterfront. '
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Mr/ piuromer: For the Waterfront.1. ,r"
Mayor Suarezt Item 57, Waterfront. °r
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11.
Mr.,Dawkins: You know, hold it right here, Theq do nI II ot have' a lady; female; `!
or angthing on that board and I recommend.:. r,
Mayor Suarez: 'Miss Cauthen. ' I
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;Mrs. Kennedy: Right. ,,,
Mr.. Dawkins: Hold, it,` bear with me: ,
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Mayor Suarez Good. �_ :Ft
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Mr. Dawkins: I got a lady,`here. 1' ``,
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Mayor - Suarez It's °Dova. Cauthen. l .iu
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i Mrs .Kennedy Dova Cauthen _ ~}J-
Mr Dawkins. : "Yes I" nominate' her 4 R ., ' � ;�
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1 d i.,.; �: �, v (..a, Cr { ,. �� r,��z: M1ii { "i yfxbs,,r%,.,,
Mr , Stuart 'Sorg' Commissioner ' Dawkins, to do this it`'s Stuart' Sorg,""�`�';�
,x � chairman. of the: board. You appointments have been :made Commissioner De "'
icy .Yurre has;the'two appointments left: 7 .;._r_ j
Mr. Dawkins:- I was talking about alternate. "f a ,}, rt
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p Mr. Sorg: � As the alternate; fine: That ! 11 be ,* �f ine. ` j z ,f��' K � `
b Mr. Dawkins: We decide, the total Commission according to when I as long as_ jd
i I've been - . We appoint the alternate T, " ''��r
i'' s -t r 'l- t 1 S!_�I Ya '�„�� ` - -
1—,r Mayor `Suarez: Right.' i 4� 1 M
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fix, -
M^ir 7 j j? kX is 4 i �'�SiC
` Mr::Sorg: Right.!�', r� " ' sy _ ,!, k ,4,
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f,t 3z Mayor Suarez: OK, you have a motion: v 1 r� A" -'
Y �k7.. f S 3 h ij x
'� 4 S �.- - r ` .fi x d4 Y, V? 651
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,'-' r Mr. Dawkins: I was recommending her: £or the alternate. r� �r � y¢ �,' " .. ,
�u1Sh t . n 1 i e' `�`.rn
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-� T__, ° Mr.. Sorg . , , A11 right:' r: v 4 s � ,.
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k c Mayor :sLlBXBZ: Miss Cauthen, you've seconded it? E'a�a �,
; ' Mrs} .Kennedy: -Yes, sure. When I had.my ..appointtents, I 'had two apeci£ r {psi -
1, -,g T requests `from two individuals : who had the experience and wanted . to serve Pnx . a,
I1`, ' thin � board. Unfortunately, both were men and there were , no wosiiett 'appoinxed tip A,`
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In 2 4 - I, h i '11 -
i" Ma or $uaxez: There0s'nothin unfortunate; about bein a mans
-�, St , Y S 8 lease cad the. , .
°7; roll very,quickly Qn Ms/ Cauthen. P t` _
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art'(n 7r I. 4z„ E I'
1111
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Mi. ba nns: nfortunately� I'm surprised at you,
Mrs. k6tinedyt Just to give it a little.
Mayor Suarers It depends on your perspective.
Mr. Jorge L. Fernandez: Are the names that are being suggested all or the
approved list from which selections can be made?
Mager Suarez: What's that?
Mr. Fernandez: Are all the names that are being placed in nomination, names
that appear on the approved list of applicants Because that is a requirement
of the ordinates.
Mayor Suarez: I think Dova Cauthen made her application properly but there's:
no need to advertise this..
Mr. Dawkins: if not, then I'll just,defer it and tell her to'get her name in,
that's all.
Mayor Suarez: Not for a Heritage Conservation Board, I mean for the
Waterfront Board. '
Ms., Diane Johnson: Being an, advisory board, I wasn't aware that',that was'a
"
requirement..
Mr. Dawkins: I don't either.
Mr. Plummer: No, the.Waterfront Board, as I recall, has specific instructions~
of they have to be: either from the marinas... r
� ram•#
Mayor. Suarez: Well, we changed all of that.
Ms. Johnson: No, it's a recommendation that they be from... the requirement 4
is that they, be a'`City ,`.resident or that they have their principal :p'lace of
` business in the: City: of
74
Mayor. Suarez: We gave two to each Commissioner.and an alternate.; We wiped: k
out_�all of those, thank God.. We couldn't deal 'with those requirements ".;Call~,: �,r,5s
the roll on Miss Cauthen, please. And if there's any legal problem with
we11`, know later. (�
_ Jr�
MnPlummer: Let,the-record reflect that Idid-nominate David,Ray
f
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Mayor Suarez OK.
t Ms Hirai Rolle call, Mr.' Plummer.
t
E� Mr. Plummer: I don't know what I'm voting on 7:
=fit Mr. Dawkins: You're' not running, I don't know whq you're covering up'liker
s K s
r' that. I'm the one that's running. 7
Ma or"Suarez: Dova Cauthen has been-b every neighborhood grow r�"� '
' x Y y p-;n
77
,t Mr Sor You're only,making the alternate appointment tonight?
t r
eEx' Mr. Plummer. It's the only onebefore
,
1
ru�a�r x Mayor'Suarez. Yea, the alternate, at this point. Ju`h'�a
e,
[�y�ti� yk �4 ,,.�x _, `.•,. t t x'ar �� a t i ��N 4��Y4
Plummer:
�g .
IAMMVUANIZ'1�
ti Mr. De Yurre: Well, hold it, I , named my 'two appointments last month.,",r rt, r
Plummer: we all aid
Johnson: But there, was a Pal lure to. take,a roll cad l .vot@ eo voe f S
Y
�Q�
a roll Cal 1,,(,voter.if:,there �e a motion fax
�qt Ivy' lilt . f a
Do Yurre: _. Sol w@ haver t� rena�e :them: agar '.tonight?
S*t s
I 77,_
Men Jehnson: for tommissionar De Yurre's appointments. That is eorreet,,
Mr. Do Yurro: I got Jorge Luis and John Brennan. Those are ray two
appointments. And then we can take a vote on that along with the other
alternate.
Mayor Suarez: You, I presume you were going to reebmmend emphatically Miss
Gauthen.
UNIDENTIFIED SPEAKER-. Yea.
Mr. De Yurre: Luis and John Brennan,
Mayor Suarez: And David Ray apparently got a nomination next time around
we'll catch up with him. I didn't mean to, you know, preempt the passibility
of a second on that. I just want to get this done.
The following resolution was introduced by Commissioner De Yurre,,who
moved its adoption:
RESOLUTION NO. 88-1201
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE MIAMI WATERFRONT ADVISORY BOARD CREATED 'AND
ESTABLISHED BY ORDINANCE NO. 10459.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution,,. was passed
and adopted by the following vote:
AYES.'c: Commissioner J.-L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller: Dawkins
Vice Mayor Victor -De Yurre,. "
Mayor, Xavier L.-Suarez tz
r
NOES: None. 'fTM
ABSENT: None.
t
f xX,
66 ZONING BOARD APPOINTMENTS: Appointed were Elba Morales -and George E F`.
Basket. (Note: One nomination is still.panding
ps tltthY1.�t,
Mayor ,Suarez: Fifty-eight. S •think Commissioner Plummer,.. Kennedy,=sand {
Dawkins have appointments...
M° Mr: Sergio Rodriguez: Right. t k
Mayor Suarez..• .,. to the Zoning Board s *
t
Mrs. r Kennedy: I,. nominate E1ba:Morales. Fzr4�'�_��:
Wlr
, ��� ',,_ Lrk f,zt F rd j tf t '� k'�l ���•�t�
Mayor: Suarez: She s .reappointed?,.
Mrs. ;:Kennedy. ��Reappoi"nt •her,
�Mayor Suarez: .-And properly;� applied?
Mrs. Kennedy: • ies. ht f`(vr r4+'
�a yk %
Y Mr. Plummer: I' 11., reappoint George- Basket.'
410
Mayox',-Suarez: Reappoint' George Basket. Cotp:ni other PAVX a*,7
Dawkins;., I t 11 reappoint Gsorga $ands did he app Ly ,Yrf, r t5
°....ot. r, t ....• . -._ _ . i i >R'
j}j{
r Jvit `'
-77
7N:
'4'1' nA& Y l
Raymond Aatnar '
14.:
And fir. Aafari Aid thfira ti Aft appointment,:
jRodrigu�ers:ay
Mayor Suareat
Thank you, thenk youy think YtJ thank you►
Mr, iiedrigue2 t
.. that Vag Commiae ianar . Caron d and it # pi
Yurre.
Mayor Sdaret!
pity . are YOU" ready.,,th•.y6ur: app intt� nt, : Vioe=. Mi
Mr, be . urre:
No not, at''_bhia 'tirtia.;
Mayor Suarez:
�K,e tabYe and make sure teat �eii�a fat ad+
,
thega do., have tb :have advertising.
r
AC 1 i x at
t
Mr. Dawkins: Mine is in, ,he just applied sate; so itre.�ad;
Mayor.. Suarez s
Yea, and as to &
Mr. Dawkins:
Now, he .not belie to reapply no�T because - j
, ,dose
ri ht V
B
I ! t t
Mayor Suarez Ash to the; qe Mayor, woilld you remind
,
can -get ''that :appointment' done? <f.So; wee gotFtaymond Asmar and
. ,,
t
YLYsfiir7Ya7eiwtii�f�.+ccc:iGicZ�t:t:��:cuiccm�sYaa.awciioe.YiiL'iLar.f:c.ii.�.at.�iccs�ccctc��r.vats.atri�l+.r.:.c..c.�ac7i.�t�✓aTr:caaacarrricrsxcCa3i
d8: Ort-STRAIT PARKING BOARD: Discussion and deferral of proposed
reappointment of Leslie Pantin, Sr:
Y Giitillr.�i..t4cL.L.f.iti.ar4..:.w.:ri.b.:il:iLi.i..5�����Ji�.�s.G:c.c.c���✓zma.r�r�Y.mc.rw-.cYi.Y:i1�.'.w+as----"i.----.Y.s—a..ir.sCi:maafb'Flr. ti:iG
Mr. bawkins: Move 60.
Mr, Plummer: Second.
Mayor Suarez: Item 60's been moved and seconded:
Mayor Suarez: Any discussion? Off -Street Parking Board of the City of Miami,
Leslie Pantin. ;
Mr. Dawkins: No, we can't... this is cut and dried. They recommend we do
nothing with it.
Mayor Suarez: Well, as a matter of fact, now that you mention it, I had asked
people on S.W. 8th Street to meet with Mr. Pantin to see if we were moving as
quickly as possible on..:
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, you can, very good. And I want to ask :you one:other
question as long as you're up there and you're in the .hot ,seat, Jack, that
I've been meaning to ask you, but go ahead.
Mr. Jack Mulvena: OK, Jack Mulvena, Executive Director, Department of Off
Street Parking. We did meet with the 8th Street task force. We assured them
that we'll be receiving a report from the county on whether or not the
property we want to secure and buy should be in our hand by the end of this
week. And they were happy with that., < And- we willcertainly be a� lot more
happy when we get the report.
.Mr. Plummer: Let me tell you that I have. word to >look heavy. -that the
appraisals are extremely high. So I want;you=to know that_when the appraisals
come in, I'm not, going to stand still ':for the appraisals until I've had the
opportunity to look through them in depth.
Mr. Mulvena: We, can; get: to,this.,2. We: already; have them already, -',Commissioner.
We can show this to... <<
Mr. Plummer:' Well, would you -send me.copies of them, :please?
4
Mr.-Mulvena Surely, surely.:
Mr. Plummer: Now, on the parking meters on S.W. 8th'Street. I went'to 'five
h}(t.
parking meters day before yesterday and all of them were, jammed. I didn';t
}3;
park there. That's five parking spaces that, going to ;get .a f 4
ticket... kQrt r.
Mayor Suarez: What Avenue, what vicinity. so he..can'check it,. out?
r +tier
l JS t�al
Mr. Plummer: Directly across ,the street from ;the barber shop) in front .ofthe ' 7 i'�
doughnut place:
Mayor Suarez: The barber;shop`in 05
front of the=:doughnut place.'tw„�,
3+.'ij
4i niY'
Mrs. Kennedy: Where? wf'`
Mr. Plummer: Yes.
Mayor Suarez: Can you be a little more specific as `to avenues? Ypu'ret t;4fAn
talking about lkth Avenue?
c r '1 byS 'qAi�4
Mr. Plummer: Well, if you'd go to 8th Street,, youknow where ,the he
a
{a 41¢ FSYL iY�
mayor Suarez: You're ;talking about .15th Aveaue7
a S n f d ix A vS t.rf.�
tSiF1
e o X-. �. r3 3•.
x,
Mr. plummert It's 14, between 14 and 15.
Mayor Suaret: Fourteenth Avenue and 15th.
Mr. Mulvenat it's around 14 - i know which where he means, yea, because it's
down near the properties.
Mayor Suarez: On the doughnut shop, he says.
Mr. Plummer: Well, they're obviously by someone being jammed. OK? That's
pretty obvious, you can see that.
Mr. Mulvena: We're getting some...
Mr. Plummer: But I am not about to park there and have you hit me with a
cardboard because I know the Miami Herald would love that. And yet I can't
put any money in the meter.
Mr. Mulvena: I'll have somebody out there tomorrow.
Mayor Suarez: One of the less unhappy occurrences in the history of the City
of Miami, and specifically the Off Street Parking Authority's ability to do
things quickly, is the Latin Quarter specialty project and I don't have to
remind you that in my last campaign for re-election, I asked the owner of that
lot if I could use it for my campaign headquarters and he said, no, no, no,
because next week or next month I'm about to close with your authority so that
we can build a specialty center there. That was over a year ago as we all
know. It never happened. You know, I found some other headquarters that was
a lot less expensive probably than that, but, you know, a year later, Jack,
we're back where we started from.
Mr. Mulvena: And by the way...
Mayor Suarez: It makes me consider wanting to
have good ole Roger Carlton
back instead of - I see him back there.
. Mr. Mulvena: You don't really want that. No, actually, you know, regarding
that, the money was in the bank, > we were one
week away: from'. buying"that
property and the environmental impact :study came in dirty.
Mayor Suarez: I know the story. We didn't
take into account what was
underground. Not the best move in the history of
the City of Miami.:•.
Mr. Mulvena: Right, right.-And`$50,000 later.
it looks as though 'we know
where.it is we're going to clean -it up.
Mayor Suarez: Thank you. Thank you.
Mr. Plummer: Well, I'd "like to: see those- appraisals before a:. contract .is
signed.
Mr.. Mulvena: I'll get them for you, J.L. tomorrow..
k
Mayor Suarez: And please- convey one last concern to the chairman of the
board - I don't know if he's still going to
be chairman but now to be
reappointed - we spent two and a half, three
years dealing _with,Flagler r .
Landmark Project. The entire premise of that,
and I don't know when it's if{
coming up for reconsideration by this Commission,
not today, is it?.
Mr. Fernandez: It is on the agenda today.
;s
Mayor Suarez: It's on the agenda for today.
Mr. Mulvena: Yes.'
- Mayor Suarez: Two and a half or three years ago.,
-:more: -than three years aSo,
before I elected, .that bid of that particular
company was . approved. and: the
.was
whole concept was 25,000 square feet of the.Olympia
Authority. Whether it was a good idea or not, I'don't
Building to be. used .by the
even want to comment on
that, You needed 10,000 squarefeet to be committed bysthe,City "for the
project to more or less work financially and we had problems with that and
that': on for our decision today. Without word
to us, whatsoever, the board `
219
11ece�uber ,1 3 �8 ��x
-
... �_ _. .__.___.. .._ r .•_. �._s. _-,.�.___ ✓..>.._.
tM1..Er, t..., ..r,_-. _. rJ, ..Y. '4,. �xtl ., r.. aV..7_'
FV
has now, I understand, moved to unrecommend what has been taken place for
three years?
Mr. Mulvena: Yes. I could speak more at length at that agenda item but you
are right, the board has, you know, changed its mind with regards to that
commitment and there are some reasons, I think, which will be very compelling
to you.
Mayor Suarez: There must be an incredible change of circumstances. Two of us
had supported that. Three others had either opposed or been in doubt as to
that. The two of us that were supporting it should have at least gotten a
phone call or something from the Authority saying, by the way, we may just
drop this whole idea altogether as to our 25,000 square foot commitment. For
me to find that out through the news...
Mrs. Kennedy: Yes.
Mr. Mulvena: OK, apologize.
Mayor Suarez: ... I mean, that, you know, you can convey that to Mr. Pantin
and that makes me wonder, really.
Mrs. Kennedy: Ditto here.
Mr. Mulvena: That's more staff's fault than... yes...
Mr. De Yurre: You know, Mr. Mayor, talking along that vein, you know, I think
now that to a great degree, the people, the investors, have put in thousands
and thousands of dollars into this thing, were mislead and I think that this
Commission has been mislead to a great degree because there may have been a
different feeling here if this Commission knew that Off Street Parking was not
considering the 25,000 square feet. And this, in fact, it may end up in a
lawsuit, it may not end up in a lawsuit. But certainly that is something that
concerns me because we're dealing in good faith...
Mr. Mulvena: Surely.
Mr. De Yurre: ... and these individuals are dealing in good faith with us and
we're going on certain premises and all of a sudden for whatever reason, the
Department decides to go otherwise and that pretty much kills the project.
Mr. Dawkins: I'd like to remind the voters, and I sure hope this is printed,
that this was my reasoning for saying that the Off Street Parking Board needs
to be restructured, they should not be sitting up there as no little tin gods
making decisions and since the voters said that we could not restructure it,
this is a perfect example of why I wanted to do it. They have arbitrarily
backed out on a deal that we had.
Mr. Mulvena: Commissioner, I think when we discuss the item, you may think
=
otherwise.
Mr. Dawkins: Beg your pardon?
Mr. Mulvena: I said, when we do discuss the item in detail, I think you'll.:.
Mr. Dawkins: I doubt it sincerely. That the fact remains that we had a deal
and the board, without even, as. the Mayor said, without courtesy, they just
say well, arbitrarily, we rescind it. OK? And now you're going to come to
me, after the fact, and say, well, hey, you going to understand it because I
did it.
Mayor Suarez: Let me add to that, and I've told you this, so I'm not saying
anything that I wouldn't say privately, publicly, in any other way, 'and you
ought to convey this to the board, please, on my behalf if not the entire
r
Commission. I know I speak for - following up on Commissioner Dawkins'
iz
comment - had we put on the ballot, instead of simply expanding the board to
t
11 members to be selected by the Commission, that the 11 members would:`be
selected from the various neighborhoods in the City of Miami by the Commission
r,
after proper consultation or whatever with the voters of those areas, I
guarantee you that thing would have been approved by 95 percent. And, you
-
know, that was just an idea I had after the fact. I kind of wished I had,
' T�
thought of it at the time.
:, figs
i
pe�embar �8tsJ ,
220 ��
Mr, Mulve w
Monday night'quarterback, t know, t Just had,i,&,
Mayor Suairest
Us: but it can be done very simply gust about,any tine *e have
an'elbetion.
t hate special eieotiona but it could 6v6h be done by a special
election so t
hope that they keep that in mind,
Mr, Mulvenas
I'll convey that to the board.
Mr, Dawkins:
I'm not threatening, i intend to put it back on the agenda in
Mayor'Suar6tt
You like that wording.
Mr. Dawkins
Y'tn not threatening them at all.
Mayor Suarezt
OX. a
Mr*' Dawkins:
It's not :a threat, it's a feet that 1'm' going . to- psit;, it on
there,
Mr. Plummer:-
Did we do 61? 4
iMrs. Kennedy:
No.
Mr. De Yurre:
Mr,'Mayor,'I'd like to.have these confirmations deferred: -until
I get":to; the
bottom-; of this, whole situation.
Mayor Suarez:
On 60?
'Mr. De Yurre:
:On both reappointment
Mayor Suarez:
`I have absolutely no problem with 60, but, qou know;`I'11 take -
each one'=sif'•you_want=-to: deferTsixty
De Yurre:
I want er
todefMr..
Sua`rers=-�We11`;;let�m
e,lYurre `':'Ifmove todef
Suarez.. Yes,'. ahe�t app
luinmer. For =.what7 >'; °k;
Mayor guarea: One oh aft is the one having to do with Flagler Landbark wherei
At this point, 1 don't think we're particularly interested in the input of the
Off gtraet parking Authority At all. After all the confusion you have
oreatad, what difference does it make whether we reappoint Mr. Pantin or nbtt
Mr. Mulvena: Good point.
Mr. Plummert Yell, the question, 1 guess, really is important' when are their
terms up?
Mr. Mulvena: Their tome have already passed.
Mrs. Kennedy: They're up.
Mr: Fernandez: They have already expired
Mr. Plummert Do they serve until such time as reappointments are made as in
the Zoning Board?
Mr. Dawkinst No, we cannot change it, J.L.,'we went through this before. The
Off Street Parking Board makes a recommendation of who they want to sit on the.
board and we cannot do anything about it. All we're doing is delaying the
approval until Commission until he has....
Mr. De Yurre: No, we can say no.
Mr. Plummer: No, my, question was, are they going to have a quorum if we don't
make 'these two appointments?
Mr. Mulvenat If I.'could=ask the...
Mr. Plummer. Cam, they, do: business if we don't is what I'm saying?.
1, =
Mr. De Yurre-v They!ve.got three, .they -got three:that�are serving::; ,
Mr. Mulvena: If ` you get the three there, it's just a little`. morel difficult:
• We.'re`operating = if I'may consult my attorney for a minute:':"Wei'can
_operate
with,all five or=three under"these circumstances now, OK:
Mr.: Fernandez: You can operate. with three. And, "of''course what' happens in yy}'
this case, Mr. Mayor, is that the board has already appointed Mr. Pantin"'and
a
Mr. Padron and this; is the first time it -comes:-. in front',of you.: If::YOU ' defer s
it, that: me ans`that=they're still appointed. }x•
Mr.. -Plummer: Oh-i OK. ,z
Mayor Suarez: _,But:'they!.re not;,confirmed?
'i
Mr. Fernandez: But: they're "not confirmed And now, if.. rf s i
'Mayor -Suarez: Could they: have; legal power to act? y> ;;h
Mr. Fernandez:` Well, no, if the interpretation'.'is that that's the' case', then ",4{�Y'
they can,=-again,"make another motion... i.;.
.3
Mayor Suarez: They're conditionally" appointed
t
Mr. Fernandez: ,' appointingr,them`provisionally untilthe nextl time that# yQuF;,xa
have an _occasion' again... r, , , p`�
mayorSuarers It's the same thing. OK. a.'
Mr, Fernandez: to appoint or defer or and then;.
... fr
43.
Mr::.Ae Yurre: ` The ,interpretation we had- last,; time when this thing ticame up was `rr t
that, they could not do anything and they_ had to ;'woxk with the ,three;` voted i ,,
fx;
xJ.
s � 2
t r %'dSkti f
r a
Mayor Suarez: They'. have no legal authority until they're rconf i,rmed. rf�� �.i'e. `'f
'• - �. d.; ya C;^ r 4 r * `' 9 rp�i r �`.si;i r i.�•''`;,, ��� ✓rc'3[t"i i2+ r
Mr. De vo
Yurre:. OK, well, h ''
5>r '
'� r r r #` � 7ti t-.1.;+t a . ,.1 "r v, •.5 tAr TQ
rA ... r�. �'/.., t .. .. + :., .. .. 7. 'AAA,.... X..... .. .. ,Fr_ s, �� 1��L�. N.�a'.!•E� ��.ea t' ,.a -
Mr,.,.'. Dawkins No,.ahey don!.t, they,ican come,back.j
Mr: Fernandez: Well, they,maq:keep coming ,with
that the logical `thing that Vould> happen then.
th 4hs z same, name
he same names t
Mri be Yurret t Viftt6d to defer it.
Mayor Suaregt Miller, do you second? You don't carol
Mr+ Dawkinat I Mean, this has been the policy when a fellow COMM111816ner
wants to defer art item for further information, I mean, we concur, I second.
Mayor Suarett Second.
Mr. Plummert Well, I'll vote with the motion. I'm going to vote for Mtn+
Pantie...
Mr. Dawkins: Oh, me too, I am too.
Mr. Plummer: ... but I'll vote with the motion for the purposes of my fellow
Commissioner having the right to get further input.
Mr. Dawkins: That's right, OK.
Mayor Suarez: Call the roll on 60.
ON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY .'
COMMISSIONER DAWKINS, THE ABOVE ITEM WAS DEFERRED, PENDING VICE
MAYOR DE YURRE'S RECEIPT OF FURTHER INFORMATION, BY THE FOLLOWING
VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: . None. .
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:'
Mrs'. Kennedy: For the same reasons:that Commissioner Plummer stated, yen
69: OFF-STREET' PARKING 'BOARD• Brief >discussion and deferral' colic ern, r;
'confirmation of proposed reappointment of Dr. Eduardo Padron:;
------------------------ ----------------------
Mr Dawkins: OK, Mr. Manager...
Mayor Suarez: Yes ;° Commissioner.s4
Mr. Dawkins: Mr. Mayor. -I work at Miami Dade :and it's 'so easy for people to s{
say a conflict of interest, although Eduardo ,Padron does not sign my check;
Robert McCabe does,'but'I'will defer- I --mean I would like..:
Mayor Suarez: `Abstain on 61. Commissioner Dawkins abstains on
Mr'``Plummer : Well, we're going to defer 61,• aren't we7'
ha
Mayor Suarez: I would like to vote on 61: I'll tell you why. Dr..Padron is,
the most recent member of the board. He is not the chairman, h' don't know
that: `we`can fault him for some of`the'things that we want to take up'wth
Pantin between now and the next Commission meeting.'
Mr. De Yurre: I think until I.get-this.'thing cleared up, the information that '
I waht, I'd like to defer both. N
`�
Ma or':Suarez: OK
y
klr. Do-Yurre: The more that in v�legalese, . the more `that
you know, the better off:you axe ip the long run.-
f
�y � F
R!T
mAybr Suarm
reappointed.
affedtIV6664
ox, as to miss Murrell, V6,11 antertain a motion 6n hbr bbitg
She's a, Coffftiabibli wide appointment, I think she was vary
Mrs. Kefthedyi go MoVedi
i4 = � T rt �^.n,� ! � s rr�,!A/f'F }"r`L•�` ""3x.
that he's deferring and Commissioner Dawkins,
representatives that should be confirmed by the
naves already selected by the union.
Mr. Plummer: Now we're on 67.
Mrs. Kennedy: Private industry Council,
Sixty-six is simply uai6f
Commission. There are four
Mr. Plummer: Pi...
Mayor Suarez: Watch it, Dr. Daniels, when you look at these, remember you
have these squiggly lines and we're getting all confused on numbers. Sixty-
five was the one that we acted on before, was it note
Mr. Plummer: Correct,
Mrs. Kennedy: Yes.
Me. Daniels: Sixty-six is no, I'm sorry. Sixty-five is confirming the
union representatives...
Mayor Suarez: OK, have we voted on ,that, Madam City Clerk?
Ms. Daniels: And then 66...
Mr. Plummer: Yes.
Mayor Suarez: Because these are confusing as you, read them. OK, I'll
entertain a motion on confirming --this election 'on 65:
Mr. Dawkins:: Move it.
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez OK those =are:the representatives:of' he':various unions Moved
and seconded." Call'the roll.
The followin resolution was introduced b ,,,,Commissioner'Dawkins, who
B' Y -
moved its adoption:
RESOLUTION.NO. 88-1205 4
w'
A RESOLUTION CONFIRMING THE SELECTION OF INDIVIDUALS
BY CERTAIN BARGAINING REPRESENTATIVES OF CITY
ti F.
EMPLOYEES AND APPOINTING SAID INDIVIDUALS AS MEMBERS
OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY
BOARD. r
(Note: The following individuals were confirmed to the
above board: Capt. William Bryson (Fire), Mr. Robert {*:
Cummings (Sanitation), Mr: Robert Mack (General
Employees), Sgt. J. J. Williams (Police).
(Here follows body of resolution,omitted here and on
file in the Office of the City Clerk.) yc
Upon being -seconded by Commissioner Kennedy, the+,resolution-was passed'
'and. adopted by the following vote:
Commissioner J. L. Plummer Jr.',
AYES: .
Commissioner Rosario Kennedy
Commissioner Miller Dawkins _ f:'�
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez:
NOES r None.
-
46,Y
i ._I' r� - — ! c ° ,S• S 1 Yam` -
ABSENT: None.
Mayor Suarez: Now 66: w6 acted, upon except .that Pica Mayor.
,appointtneat, I believe that Commissioner Aawkins also has: onp,' xgtt? dsr
k7.s,t x
27 A��►Plh 15 i" P
�', .x t: , . -. '...., ,.� rr. ,-.. ! .a�>. i. ate. _r o ti. ,.. , ,� ..r1C,,,-1di•'S-. .zNiF.�'S'%7.t7 -
AV# Si Cotwissioner 4. L. Plummer, Jr.
Commissioner Rosario Xeanedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
WIS s None.
ABSENT.- None.
73. SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENTS Allocate $13,300 in
support of event to be held at the Orange Bowl.
Mr. Dawkins: I want to hear 76.. If it's anything that's controversial, Mr.
Mayor, we go on.
Mayor Suarez: OK. -
Mr. Dawkins: Seventy-six.
Mr. Jorge Fernandez: Can't hear.
Mayor Suarez: Assuming on the assumption that these are not controversial.
Item 76, Florida Sunshine State Golden Gloves:
Mr. Dawkins: Where are they?
Mayor Suarez: Are they present?
Mr. Plummer: I,met with them, Mr. Mayor, and with the proviso that the first
thirteen thousand which we're asked to lay out, comes back to the City, 'I
would move it.:
Mrs. Kennedy: Second.
Mr. Dawkins Second.
'z
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution ,was, introduced by: Commissioner. Plummer; ,.who`
mored, 'its adoption:
RESOLUTION NO. 88-1207
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$13,300 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
-FUND TO COVER CITY COSTS AND EXPENSES IN SUPPORT OF
THE SUNSHINE STATE GOLDEN GLOVES BOXING TOURNAMENT,
SPONSORED BY SUNSHINE STATE GOLDEN GLOVES, INC., TO BE `vr
HELD APRIL 5 THROUGH 8, 1989, AT THE ORANGE BOWL
STADIUM; ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM FOR
- SAID EVENT; SUBJECT TO AND CONTINGENT UPON THE a
SPONSOR'S COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI,
INCLUDING THE PROVISION THAT THE CITY BE REIMBURSED IN
SAID AMOUNT FROM THE PROFITS FROM SAID EVENT; FURTHER n.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY AND SAID SPONSOR FOR . SAID
EVENT. ,F'
r,I, F7�..
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk ) - 1 tiz
t �1,
.;�411 ;�ry nl r
-Upon -being seconded by Commissioner Dawkins, .the resolutisaa was �pas�peti
And:_adopted by the following votes Yiz* 'r " kfy rtA
229 Aeaomb1p;
AUENTs gone.
.ri.1.ir�GGG�tiY'�itt�i�Gi.Giia►�i.w�.Vr.rYrrw.iriii.ir irwYl.r-------— — — — — — —
Refer back back to the Manager the issue concerning Tropical Clear Blue
Laundry Systems and their mini-UDAG program, with proviso.
Mr. Plummer: What's the next item?
Mr. Dawkins: Seventy-seven.
Mayor Suarez: Tropical Clear Blue Laundry Systems mini UDAG
continued from the last agenda.
Mr. Dawkins: For Mrs. Albury to come back and defend herself.
wanted her for. Come on.
Mr. Robert Sanders: This won't take but a minute.
Mr. Dawkins: Over here. No, no, no, let her go over there. That's OK, you
stay there. OK, you made some statements last time concerning Ms. Albury and
I asked that she be here to defend herself.
Mr. Sanders: That's what you - you want to pick up from there then?
Mr. Dawkins: Yes, please, that's all.
Mr. Sanders: My statement was that Miss Albury had,told me that there was a.
cap or a limit as to how much money could be borrowed through the UDAG program
and that cap she gave was $150,000.
Mr. 'Dawkins: OK, sir.
Mr. Sanders: Now, Mr. Charles.Dawkins.was present at the time when she made
.the statement and when she admitted to making the statement, Mr. Castaneda was
present at one of the meetings. Although he denies that she ever made it.
That's the whole accusation in a nutshell. She did make the statement.
Mr. Dawkins: OK, Mrs. Albury.
Ms. Miranda Albury: Mayor, Commissioners, Mr. Sanders, in meeting with
Tropical Clear Blue Laundry, I indicated to them that our usual cap on the
mini UDAG program is $150,000 and that's basically what we -usually try to do
because of the amount of money in the program. But our commitment to them was
for $170,000 and that if they came in with a proposal or project, they show Y'
where they had the matching requirement based on what they were asking for,
that we could go over it. But we try to, limit it to $150,000, what 'their
commitment was for a -hundred and seventy.
Mr. Sanders: The statement that she made was that you can't -get over '$150,000.' -<
unless you go through the Commissioners. That: is why I got on: the agenda.`'
s
Mr. Dawkins: Go ahead, Frank.
Mayor Suarez: Well, I gather we have to go through the Commission in any;, �Ef
event. f`
Mr. Castaneda: No, no, no. This is a mute issue, For one thing, they're •' ` ,°
changingtheir proposal: completely, ; they.. are questioning .whether need, a two to;;i
one match and so forth. We had given them a commitment based on a completely; F
different proposal assuming that they provided two to one match,;$i7Q00Q.
Why we are -arguing this issue.is beyond me. %k .
F
230
s. _.._ .,. .. ,.. .. ,.. ., r. ._...._ii. «,.�,. _... ., a... a`. .. 3s_.n.:*. arisda'ta e �.f�;.*•.c S.r-...'sr_. x?, Yk.�.,,.�L
Mr, Sanders: And why you're bringing that spoke screen up, t don't
understand. He wants to deal with the issue that she fbislead me and I dould
point to other situations where t was mislead.
Mr. Castaneda: Mow did she mislead you when you have a oomitment for
$170,000?
Mr. Sanders: At the time, I did not have a ootnrnitment for $170,000 because I
had contacted her and told her that we were not going to put up a MaeDonald's
and she said we had to start all over Again,
Mayor Suarez: OK, let's do...
^I.�jWi r z �P � �t ° i i& s s �r I a
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t�lf. siidars: w ntan
done and it said that it mould hot sdnoaad at this tifhb bfiettes the
bv'art vft..
Mayor Suarom if we go to One to one y as opposed to two to one y dio *a 'gat
fait oon7 —
Mr. Sanders: Cif bbur�le ;you dog _
Ms. Aiburq: �fiby the frahbhisay `the;rElfl..,;,
Mo
Mts, Asbury: Ytye a Franchisee �Obnyt get fiatibsition.
Mr. Sanders: tio, the company... easy she hadn't done her homework.
Ms ` Albury: I have....
Mr. Sanders: �iait a minute. ' The'comp�ny has agreed.'..II
Mr. Castanedas We do not have a proposal from them.
Mr. Sanders: The companq has agreed to buy back.
Mayor Suarez: You think it's the franchise. You'd think•we would not 1.get
first. position because'you ;don't have`a proposal, right?
Mr. Sanders: Right no, she has the proposal.'" '
, Mayor'Suarez: Thank you: 't-
{
Mr. Sanders: The proposal.;'.. -
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K
Magor,Suarez: I'm trying to help you`hon this. L'<
•
,,
Mr Castaneda No, when do we get t ��_
,, ,
�� Y4 % ) 4
11 Mayor Suarez Now, `would `we have , a first��position of> weE did it ion' a one ion 4` s h`
h C
One? c {. a_11, �k s�f S
j Pf by Pr Y}
Mr. Castaneda. Well,:no, wefgot'a two4page'thing, that's not a proposal. 'zki r`a
".'',_ !:I. ':t._'L*_.,I ��.I�,, -y ,, x F }4 r
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Mr Sanders: Yea, you would ;
s tr f:.
,.
Mr. Plummer: Yes "° ,
.,.
r
Mayor;' -Suarez: Hey, - I cal'1= that ` a proposal You;"'donI -have:, to call':. it a
proposal: . Now, you would"'get a one`.;to one' with the_ additional provision: and
re uirement' that we have first osition as a ainst the entire world includin - t'
q p 8 ► g >?
the franchisor. " _ ,` jai
'fit
':. . ; w �1 t fa.
Mr `Sanders: You'll; have,'first position ��,�, A T,
1 -`r Y J f3 ,
II
{ b._ i t F k 4 §. j.
Mayor Suarez: I' don't see how that should affect us I'd like to be `iWrarT''tr'rhU 3 j`.
first position, I'm sure tine thing 1� ,`, , 9=�,x p !A'i,J�t
r o y l o it '.. 'Y &
rr L y- �� A� r � w ¢¢ y,� fri f 7 r $-'fj �, ak'jC
LLL
��;. i 1 . 5 �'�' �4*`3'r �3' .Sr L :. � T r , id'' rr j P"' *y �} ' i"h " t �t' K f�5 f ✓fin J 6
Mrs:; ..Kennedy: I can go for. that, Y � . ' cF>g'nc � �f'+J tt�� tt�"{{YT "
,, x , i = y t ty F7Yi2 rf''Aip gfI
Mayor SuarezThat's built into our re'solutiony ;if anypne _shows upktia §> w
'ti f 7 1 J' i f,t t `ny`� :xsF M C
somehow is ahead of us; it ! s not approved. r r } ; , "L 1 _T-, y t �, pf
'r s.:, r +� { _ : r _'� 1 �7 -', r � i'af @�5-*� "W.i,9
Mr, Plummer: But is there `aufficient there to cover our obligation? _)lV
Ki
�,:.- ••` ,• .• �'. '� t ,l f, { Y •i �. `)1^L .,, 1 ^5S:'v'HciW'N
Mayo.1S uarez: Well, it' lle, e..worth at ]east two to one, what we lent then F' - --,' <9,
ary } .
Mr. Plumaaer: No no, I.'m not going to take that asswgptionR 0: ' no /. `gar f F
1 r i t W c''�'� b..i_ E 9 4 r `i a n' �tti"! o t 1=fk° S' �g -
II
.fi€ t,
Ma or Suarez t The have }tag have` a match. v x l'1"''
s ic; Plummer: If'they':giva'`a franchise} and all of the a�uff <da�k�+a $ht4 Q�q4 tA, -
you can whis�la Ai ie - If . , :; L '" '� r i
r k 1 f, J �yy �, yt q.. 3,U' 4 +
11
7 - ? A 9 S f �ii. '51�1
- tx'' ' b! - ,-, if �`��� .�
f K 1
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`. ,.., ,. , .. f.r.. �.,. ,. f,. z. .. a;_ ,' '. '� �.._.41� . at.... -fifs' ..tkt
Mr, ganderst No, nothing will
will pay for everything, that's
the restaurant, the whole thing:
Mr. plum6rt At what percent?
Y
fS
be bought on tim. The iboney I'm sulking for
in cash, nothing on tire. All the equipment,
You would have first position.
Mt. ganderst 1 want three percent.
"i';°: 4 pLa)'kh . NY•fu •- `vki6d Y t
Mrs. Wnedyt it:s total control.
Mr. Castanedai t have to see their propoaai.,
Mr. plummert No, l mean, no, look, let one just give you en.6KAMPle. if they
go out and they need a refrigerator for $1,000 but they get one that's for
$2,0000 that was not necessary. What control do we have over the expenditure
of that money
Mr. Dawkins: None.
Mr. Sanders: If you look at the package, everything is spelled out. 3t.Comes..
from the franchise, the company itself. rsverything is spelled out. Ali he
has to do is look at the package that we've submitted.
Mayor Suarez: Well, you do have control over how it's spent because if You
specify that the $1500000 of our match is going to be in a first position, it
has to be in a first position in regards to some collateral so you can say
that our $150,000 has to be spent to buy at least $150,000 worth of equipment
or fixtures which, presumably, have some value. I mean, you do attach to
something and you can specify.
Ms.. Albury: Mayor Suarez, the other thing is, is that the meeting that we had
in Commissioner De Yurre's office with Tropical Clear Blue 'Laundry was that
the project was approximately $290,000, not a.hundred.and ninety.
Mr. Sanders: No, no, no, no. ;.
Mayor Suarez: Well,' we're not going .to solve this today here..
Mr.. Plummer:, No, that's, obvious.
Mrs —Kennedy: No.
Mayor Suarez: and,.certainly.. not she of the'other''planning and zoning::- }
items so, once,again,:kL'11 entertain a motion to refer to Mr Sergio.Rodriguez ;`-
to be the mediator, ;,of thisand, make recommendations to the Coimnissionat
next;Commission;meetiag '#—
Mr. Rodriguez: To the -City Manager r ,
Mrs ierinedyt. So moved. ;—
r v
Mayor; Suarez: So moved.
Mr Dawkins: Are we. working on the,. one to one:or two to gone? I mean, are
referring ,it come back at the one to one or come back at the two to 'one?
Mr. Rodriguez: I would like. to get some directions,from you on than
Mr, Dawkins: Vm trying to help you get theme
..Mayor Suarez' Do you want to move it with the one to one?,.,,
Mra..Kenned One and one`, I- feel comfortable with •that
y,x�y
Mayor. Suarez: , But subject' to final approval by the Comissioa. y t,h ,ax}h ,,� r �'
rZ
r °� a ar,`�+ 1
Mr r Plummers t'
Yes,, thas fine. . �j�iv{tp�� Sara t
(. p /�
.! i Sl:Arez: OK i 4 t , 'i.;f` S +alp R4� J icY Sys r_j KC,yjRgl} - _
Mayor,;. • r n %Y°f k' r3L g h k Fyn 7 1s4 i4p �ktini H�
_ t 4s :•r° p-71�irCl4 ari (T t �f it
Mr. Plummer And also subject, to the interest.
-. i i , v + r r` � ° / zi r h, �r � �. Z�t�r��'j'"i`x,NaY',� y.C��• �f
Mayor Suarez: Cal1 the roll.
Mr. Sanders: Not Merry Christmas?4� A.
'
: Ha New Year.,s�>
P!WMIAX' ppyt r a c
s ! in ;' F '� :`J' Y .( "f> ?v✓i`t dam- ,T^
... _ ... , Ys;- e t. _ r ." } ... S r'".- i _ ...., i . d ., t...ct. r_,. �. u.. o � s.z:i' � t 1�°°,.fc;7.1+n......ri"+i...k°`n,.•,i5+�'IX .d;rt" ie% . -
MOTION NO, 88-1208
A MOTION REFERRING BACK TO THE CITY MANAGER, FOR HIS
REVIEW AND RECOMMENDATION, A LOAN REQUEST BY TROPICAL
CLEAR BLUE LAUNDRY SYSTEMS CONCERNING ITS MINI-UDAG
PROGRAM; SUBJECT TO A ONE -TO --ONE MATCHING LOAN
REQUIREMENT AND SUBJECT TO AN APPROPRIATE INTEREST
RATE BEING RECOMMENDED BY THE CITY MANAGER.
Upon being seconded by Commissioner Dawkins, the motion was paused and
adopted by the following vote:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESs None.
ABSENT: None.
75. POLICE MINI -STATION IN OVERTOWN: Discussion.
Mr. Dawkins: OK, while :we're doing that, Mrs. Adker, is. your item'r
controversial?
Ms. Anne Marie Adker: Not at all.
Mr. Dawkins: Come up and let's hear gout item. What is it, 110,,please,?
Mr. Plummer: Annie.Adker never had anything that waan't`controveesial �r�nv
Mr. Dawkins:. Come:on. What's -your,.. OK'< I'm :•sorry. I didn!t know it;
}�
'What `_were ;you .doing?- I!m sorry, no
Mr..De Yurre: It's OK, it's OK, it's OK No, go. ahead, I want .to heal that
one too.
Mayor --Suarez: What,. item is it,,rAnne Marie? _
,w
Mr. DerYurres One ten.'
Ms. Adker:._ = Anne Marie Adker.
Mr. Dawkins: Go.'ahead.?
Ms. Adker:. Four oh seven N.W. 5th Street'. ,And that's Im Overtown. Last
er--the Overtown Advisory Board conferred ..with : the •. City .Manager, . Mr. Od.io �s 4
year,
about a spaceinthe shopping center,for Overtown mini substation so that' 'We ri1
could .,make it a visible station. He gave us the space and we thought .we, were p�
headed toward a dedication. Then we got knocked down in the process....:;, u Y
Mayor Suarez: What happened? Why cant we move the mini station? You re ,1t�
talking about moving, basically, the presence from the community center,tp
Overtown Shopping. Center, right? Where'it makes a heck .of a lot more,sensq. x'h
Ms. Adkert Yes, sir.
Mayor., Suarez. Any problem with -that., Lieutenant?,, :
r
Lt. Joseph Longueira. ' No,:,,sir; we don't have a problesp. The 9nly �th�AB �� � ���� �
have to resolve is... •
Mr. De Yurre: Move it, ` {
} 1 1 n
! ,.r •_ ., ..:' r ._.; .. .. .,. ._.. •.,, , n, _,.r, .;. r,e ' .1 '-rt ..., ,, .4 ' ,, !, .a, ..'d §;•:=, .. 21
Ms. Adker: That's right.
Lt. Longueira: Commissioner, I don't know.
Mr. Dawkins: OK, but we will get it done. We will get it.
Lt. Longueiras You want it done? I'll get it done.
Mayor Suarez: That's a lot more visible that way, it really makes a lot more
sense.
Mr. Dawkins: OK, thank you. OK?
Mr. De Yurre: OK, you'll come back next...
Ms. Adker: You know, that way it could serve the community...
Mayor Suarez: Sure.
Ms. Adker: ... and not just that Dade County center.
Mayor Suarez: Yes, we want it to be just as visible too to the...
Ms. Adker: That's right.
Mr. Dawkins: OK, all right, OK.
Mr. De Yurre: OK, Joe for...
Ms. Adker: Are we getting it or not?
Mr. Dawkins: Yes, ma'am, we just told you. We just told,you we're going to.
do it.
Ms. Adker: Oh, thank you. -
Mr. De Yurre: You know, I get antsy when we get responses like I don't know;
or I'm not sure. For the next Commission meeting, give us an exact report as
to when it's going to get done.5.
U. Longueira: Yes, sir.
k �`S
Mr. De Yurre: Thank you very much.
Mr. Dawkins: If it's not done.
Lt. Longueira: Yes, sir. ;
s
Mr. De Yurre: OK, thank you and...
of
Mayor Suarez: Anyone from Public Works here on the Overtows Shopping Center
very briefly and, actually, that kind of works into the idea of a store front
mini station because I understand that work has been delayed on the completion u+y.
and startup of that shopping center in part because Public Works has all kinds
of objections to some modifications they want to make. Do they understand the
importance of reopening Overtown Shopping Center? r�
ji y:
Mr. Rodriguez: I think they understand the importance ,of opening.:. I.believe
there have been some delays in the staff not being able to do it. I'm going ` }sY
to try to get Mr. Cather to respond to your question, air. a
Mayor Suarez: Don, you know, this is a critical project for.the City.. We'vp �' n
had this shopping center closed for three years. We've been making'evexy
possible effort to open it. We've put it out. for bids, we've.
improvements and there's something holding up according to the bidder, t4i
startup of the shopping center that has to do with Public Works imprpvia$ •rY�����
something. Some modification of the facade or...
3
37 oeOkerri:
)
t+
1
Mr. Don Cather: We were asked to look into taking out a wall between two
centers and 1 suggested that, first of all, they ought to go to the architect
and make sure that they got the architect's opinion who designed the building
in the first place. And I've asked my structural people if that is not
possible...
Mayor Suarez: Is it a structural component or it may be a structural
component, is that what you're saying?
Mr. Plummer: PZ-1 we're starting but something with the shopping center.
Mr. Cather: Yes, it's taken out a considerable part of the wall so that you
have to make sure that it won't cause the roof...
Mayor Suarez: Would you please give every attention...
Mr. Cather: Yes.
Mayor Suarez: ... to this matter, Don, it's...
Mr. Cather: Will do.
Mayor Suarez: Thank you, air.
76. Instruct City Attorney to negotiate agreement with Chalk Airlines for
payment of rental fees on use of portion of Watson Island. City
Attorney directed to evict tenant from City location if negotiations
fail.
Mr. De Yurre: Mr. Mayor, Chalk's. As you know, for 7 years they have been
operating out of Watson Island and we have yet to see a penny coming from them
and I would like, if we can give some direction to the City Attorney to
negotiate with them, over the next 60 days and come back for the first meeting
in February with hopefully an agreement as to rental for the use of that
property by Chalk's, and, if not, then I'll be ready to do whatever it takes
to get them evicted if they're not willing to pay something that is reasonable
.and acceptable to this Commission.
Mr. Dawkins: I'll second the motion but I'd like for you to accept an
amendment which says that, in the meantime, we go ahead with whatever steps we
have to take in the event that they don't decide to pay, so that we will not
have another sixty or ninety days of not being paid, Commissioner.
4
Mr. De Yurre: I accept that amendment,
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded., I'm sorry, I can't vote for it -as phrased.
I, you know, this has been in existence since when?
Mr. Dawkins: Segregation was here just as long but we got rid of that, r
.Mayor Suarez: Nineteen what?
Mr. Jorge L. Fernandez: 1919.
Mayor Suarez: Nineteen, nineteen. Somebody told me it's the longest running''
air facility in the country or something and it is quite picturesque and they
;use a very small part of the island. I think at some point, when we go out
with the entire Watson Island master plan and begin to put out for bids. the `F
various components, we'll have to, you know...
Mr. De Yurre: And it's quite profitable and yet, you know,... f
x
44v i
Mr. Plummer: Well, they can always become a vendor and tha-'.City walves CIA
everything.
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71
Mr, De Yurre:
Talk about vendors, i wonder what kind of ineurance prhteetion
V6 have with them,
Mr. Plummer: probably none.
Mr. be Yurre:
None, right, so you see.
Mayor Suarez:
It would have to come back to the Commission obviously for any
kind of final
action on eviction or anything like that? -as phrased the
motion?
Mr. Fernandez:
Well, you're instructing me, by way of this motion, to take
whatever steps
are necessary, according to Commissioner Dawkins, to accomplish
that end.
Mayor Suarez:
See,- that what I can't do. I mean, if you wanted to
negotiate...
Mr. De Yurre:
No, I think what we're saying is in 60 days you're going to
come back here with a proposed contract or ready to go on the eviction
process.
Mr. Plummer:
That's not what Dawkins said.
Mr. Fernandez:
That's not what Commissioner Dawkins said.
Mr. De Yurre:
No, he says to proceed to get ready to do that. If we're
negotiating, certainly
you're not going to start evicting them.
Mr. Fernandez:
OK, so, all right, by getting prepared means just....;
Mr. Plummer:-
Giving them an eviction notice sure puts us in a'good,posture='to
negotiate.
Mr. De Yurre:
Well, they know we're coming.
Mr. Fernandez:
:All.right.,
Mr. De Yurre:'
.:OK.
Mr. Fernandez:
I understand the intent:_
Mayor Suarez:
Call the roll..
Mrs. Kennedy:
Yes, but whatV if we' have;. to make..: what if . we have to
legal action?
Mr. Dawkins:
That's-why'I want him to be'ready when he -comes here in 60,'days.
I
Mr. De.Yurre:
Well, were gong to be ready:
Mr. Dawkins:
If they say no, then I want the 'Manager to have. his'`position,.
mean, ready to`:
go to court the next day. h}
Mr. Plummer:
You might as well prepare now. You know what the answer is.
' Mr. Fernandez:
You know, we will file lawsuit;at.that point.in time. I
- getting ready
meansjust, just do: ,the- research, ..,prepared whatever; pleadings. ,and be j�mri
ready.:.
Mr. De Yurre:
That's right.
Mr, Fernandez:
'Not serve them. 3
Mr. 'Dawkins:
•You.;see, according - and, there, again, you cant believe +
everything you read in the paper - according to the papers, they have aaidF
that: they- are
:not going to pay any money because they have been.. grandf
in.. OK? And
I take the position that they're going to"`pay or, move.
Mr. Fernandez:
Well, we believe they're wrong.$;
, Mr. DoIwkina:
I do, I think so' too,' air. Call the. roll on the mo 40i. si p
-
a 4� Js .
' qee DA01ls►1?�t�' F �.i �.G�
Y
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Ms. Gibson: Vas, they're asking for ten to fifteen thousand dollars or
wbatever you could give their. This is the first time they're trying to have a
festival and it+s going to be on the Junior College campus and the college to
putting up $22,000 and they need to get all the funding together and they're
asking the City for whatever you wish.
Mr. Plummer: Refer it to the Manager.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roil.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-1210
A MOTION REFERRING TO THE CITY MANAGER THE FUNDING
REQUEST RECEIVED FROM REPRESENTATIVES OF THE 1989
HAITIAN FESTIVAL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
.adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Gibson: Thank you, thank you very much.
Mayor Suarez: Mrs. Gibson.
NOTE FOR THE RECORD: At this point, the City Commission adjourned the
regular agenda and takes up planning and zoning agenda.
-- ---------------------------- - ------ ----- ------ -----
78. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000: Continue public hearing
dates for consideration of Plan.
-------- ------------- ---------- ------
---- ------ ---- ---- -
- -
Mayor Suarez: PZ-1.
Mr. Rodriguez: If I may, a short announcement on this. What we are trying to
do with PZ-1 is to continue the public hearing to January 26th, because we
received the comments from the Department of Community Affairs yesterday. We =T;
have 60 days by which we have to have the plan adopted. -So that means that we
will have to have the first hearing on January 26th and the second.hearing on
February 9th and that will make us basically, comply with the deadline. We
asked them for an extension at this time, because we received the comments �`rtry
yesterday and in the letter. they sent back to us, they said that because of
f
the Florida statutes that we have follow, get an extension on that
we cannot r,.
time.
Mr. Plummer:. Then I am to understand they had objections to our plan.
Mr. Rodriguez: Of course they, have objections. They have sent letters of
objection to any plan that have.been reviewed by DCA.
Mr. Plummer; And when are we, the Commissioners going to, see what the r "
objections were?
241 Dsotko' sz�
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f,y
Mr. Rodriguet,t We are going to havfe., on January 26th, we are going to respond
e have to analyze bobjections
ee eh is about
40 pages ofobjections and we are going to respond to theta and that will be
part of the agenda on January 26th that you will review. It will take us..
Mr. Plummer: But you are not going to ask us to vote on it that day?
Mr. Fernandez: Yes.
Mr. Rodriguez: Yes, you have to vote on that.
Mr. Plummert Then you better get it in our hands a hell of a lot longer
before the January, whatever it is.
Mr. Rodriguez: We can send the copy of the objections immediately.
a:
Mr. Plummer: I think you should. t'
i.o4r
;
Mr. Rodriguez: I don't think, frankly, that you will understand the
implications of the objections, because they are written in Plannese but'I rti
will send to each one of the Commissioners a copy of the letter from the
Department of Community Affairs.
Mr. Plummer: With that proviso, I'll move PZ-1.
Mr. Rodriguez: Continued to January 26th for the first hearing and February
9th'for the second hearing.
Mr.: Plummer: The agenda says, you didn't put that in the second hearing.
Mr. Rodriguez: No, I'm.just`mentioning ,now because we go...,'
Mr. Plummer: February what7
Mr. -Rodriguez: February 9th.
INAUDIBLE:BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD..
Mr:.Rodriguez: Excuse me. Yes, February 9th-to be able to comply with the.60 fk
days deadline. - , .
h
i
Mr. Plummer: I so move. j-
Mayor Suarez:. So moved. Yf
-Mrs. Kennedy: Second x
f �4+
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Mayor Suarez:'. Seconded.01
t" K f'K•
Mr Plummer: Call the roll.
The following .resolution was ,.introduced by Commissioner, °Plummer,ho"',ra
- z> T
moved its adoption:
Y
7�ti r
. r
RESOLUTION NO. 88-1211 `
A RESOLUTION, WITH. ATTACHMENT, CONTINUING 'PUBLIC ti
:HEARINGS FOR,:..CONSIDERATION OF AN ORDINANCE ADOPTING L�
THEMIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000,
;FROW'DECEMBER 15, 1966, TO JANUARY 26, 1989, FOR FIRST
READING, :AND FROM . JANUARY 26, 1989 TO . FEBRUARY 9, 1989 Y;s.
x' FOR SECOND READING.
2
(Here follows body of resolution, omitted here and. on
eft j` file in the Office of the City Clerk.)
k Yf { it t k,f
T
v
' e ripsolut oa waa Pa�18e¢� .
Pon.bsing seconded: by Commispioner Kennedy, th
k r and adopted by the following vote:
`Kt! pw �#
t VV
71
•
_ ,.b S, .3 _ .. .. s .. r' .. ' .,... c.'...�f•o.:,.ro-.s. __ 4:r
gi�� t, t T.!,
A�S� Com�aigsioner .�L. pluttmaer, Jr. ,
Commissioner Rosario Rennedy
Commissioner Miller J. Dawkins
Vito Mayor Victor De Yurre
Mayor Xavier L. Sutter
NOES t None
ABSENT: Nona
NOTE FOR THE RECORD- ITEM NO. 84 WAS DEFERRED UNTIL JANUARY 121
1989. _
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y)
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ie
79. SECOND READING ORDINANCE: Zoning atlas amendment at 401-47 N. Miami
Avenue (Chaille Block) by applying Sect. 1610 HC-1. 3
--------------------------------------------------------------------------
Mayor Suarez: Item PZ-2.
Mr. Plummer: Move it.
Mrs. Kennedy: It is a second reading,,I seconded it, .I'll second it again.
PZ-2 has been moved and.seconded'. Any discussion?- ..Is: --there anyone here
opposed to the application represented by.PZ-2? Let the record reflect that n
no one stepped forward. Is there an ordinance?
s
Mr. Fernandez: Yes.
y `y
Ma or Suarez: Call the roll.
AN ORDINANCE -�
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE`
ORDINANCE N0.` 9500, THE ZONING ORDINANCE OF THE CITY 3
OF-: MIAMI, FLORIDA, AS AMENDED, BY APPLYING THE HC-1, `t
GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO `.
CHAILLE BLOCK, LOCATED AT APPROXIMATELY 401-407 NORTH ,tn
MIAMI AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY;'
DESCRIBED HEREIN): MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING M
ATLAS.
Passed on its first reading by title at the meeting of October 27, 1988,`f�
was taken up for its second and final reading by title :.and adoption. Onrs:
motion- of Commissioner Plummer, seconded by Commissioner.'Kennedq, the
Ordinance. was thereupon given its second and final reading by title and:.
and adopted by the following vote:,, '
AYES: Commissioner J. L. Plummer, Jr: f
Commissioner Rosario Kennedy
CommissionerMiller': Dawkins r-
ViceMayor-VictorDe Yurre��,
Mayor Xavier L. Suarez
NOES: None.
a � i''is xaF
ABSENT: None.
4r
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10530. Y�sr
The City Attorney read the ordinance into the public �^e�coz¢htl ,s yr
announced that copies were available to the members of the City �¢mmiae4n an¢
{/3
tie . Pohl iC • f * rf r rlii�"
F"{zs aY r.t
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r�m��sf=tctYcs�aaieaL.�uu.c�:'.-c.�c,�'�t�m.acar."iss�..�'a���..til:ii:�:. ctr:miY+.u.��.zt�'s+.-rirs,a,.3.a..Lsc. co1mYti.9a.s+hac�:s�rr7K�ixlt�i ..
80: SiSCONb RgADINO ORDINANCE: goning atlas amendment to elin►inate 1tG$i
removing historic designation and retaining SPI-2 at 3095 Grand Avenue
Coconut Grove Arcade ((hffler- G. Toss- Gurr),
-------- ---esmtwras.iiGress.Y.Y40
Mr Plumtnors Move PZ-3.
Mayor Suarezr
Mrs. XohnedFs Second.
Mayor Suarez- Moved and socondedi is there anyone who wishea.;t- ,be
-herd
against the application contained in PZr-3? Let the record reflerct'.rio .one
stepped forward. Read.the ordinance. to there any ordinances
,�X
Mr. Fernandez- Yes it'is. = ._0
Mayor Suarez- Call the roll.
1, �isk
AN ORDINANCE
-AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0..9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO REMOVE THE HC-1; GENERAL USE .;
HERITAGE CONSERVATION OVERLAY DISTRICT FROM PROPERTY
t.
LOCATED AT APPROXIMATELY 3035 GRAND AVENUE, COCONUT
GROVE, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); z
MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON E
PAGE NUMBER 46 OF SAID ZONING ATLAS.k
t
Passed on its first reading by title at the meeting of November 17,
1988,"was taken up for its second and final reading by title and adoption On
"Moton -of Commissioner `Plummer,- seconded 'by Commissioner Kennedy,
Ordinance was thereupon given its second and final` reading ' by title and` passed
and adopted by the following vote:``
Y
AYES Commissioner J. L. Plummer, 'Jr.
Commissioner Rosario Kennedy y{2�
Commissioner Miller J. Dawkins
� x a
Vice ' Mayor Victor; De Yurre
Mayor Xavier L. j' Suarez:
ati NOES
`ABSENT None.
THE; ORDINANCE -:WAS DESIGNATED ORDINANCE NO ;10531,
The City Attorney read the ordinance into the public s�reord* Viand;ti
announced that copies were available 'to :the members of .the' City Commission and; xar
to the public.{s4��'
a Y NOTE FOR THE RECORD- At this ,point, Planning &`Zoning agenda item;v13
x -
# 4 was withdrawn bq the Administration; ��r"
^-may_ '>
,� � t1 9 o F _ — — -- r z t 1 nY a
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-is----a.:.u.:..i..i--- .....-----Jw-------
91, Orant appeal by Planning Department - modify decision of Heritage
Conservation Board authorizing a certificate of approval for the removal
of black olive trees and Banyan trees (Coral Way and SW 33rd Avenue) r-
approve request for traffic signal and left turn storage lane = accept
offer of applicant (Fort Schoenberg Properties, Inc.) to donate monies
to Urban League and Project RAP. (MIRACLE CENTER PROJECT
Mayor Suarez: PZ-5.
Mr. Joe McManus: Mr. Mayor and members of the Commission, this item is a
Planning Department appeal of a Heritage Conservation Board issuance of a
Certificate of Approval. At the last Commission meeting there was extensive
discussion of the applicant's proposal to substantially realign Coral Way. I
don't want to go through that with you again. Let me indicate...
Mayor Suarez: Each time we try to propose a different way of handling this,
like, no left turn from Coral Way into the project, but keep the light. You
were told where we constrained either by our own actions before or by DOT or
by someone. Have you found a solution to all of that?
Mr. McManus: Mr. Mayor and members of the Commission, the Planning Department
and the Public Works Department are prepared to recommend a solution to you.
The applicant is this far away from agreeing with us, but they would still
hold out for their proposal. Let me indicate first of all...
Mayor Suarez: The applicants' own wishes are not my highest priority here
tonight, but we'll have to hear from them, I suppose.
Mr. McManus: Let me indicate to you the proposed Planning Department/Public
Works solution, which is on the overhead projector. This requires the removal -.
of two banyan trees in the middle of the median of Coral Way, reloca...
Mayor Suarez: Just a small left turn lane there, a tiny little...
r
Mr. McManus: There's left turn lanes, relocating the banyan trees, and
closing one. of the openings in the median,of Coral Way so that those:banyans
can be relocated.
Mayor Suarez: At whose expense?
Mr. McManus: At the applicant's expense.
Mayor Suarez:. Very quick in pointing over there, Guillermo, I like that I '
Mr. McManus: And the Planning Department, Public Works are prepared -to'
recommend this to you, after reviewing -all of the possibilities, ° and ;we have
in your agenda package on pages 5,-A, B, and C, a proposed resolution along
those lines.
Mayor Suarez: There is -no widening of Coral. Way whatsoever? Y
-fSf
Mr. McManus: No.�
Mayor Suarez: In the process.,
Mr. ;McManus: No. ''}
Mayor Suarez: OK.X°
Mr. McManus: Because the ,applicant would propose to continue with their 4<
solution. If I could just show that to the Commission, to remind them of what u.
the.applicant's proposal is, substantially realigning Coral Way to the south
and requiring the removal of eight black olives. And there was another
proposal we looked at, we didn't think this had.quite the potential, and Ahat 'z
was to install two signals at the openings of two points in Coral:Way, thereby1i
forcing some of the traffic to enter the project,..Miracle Center clsar.,aroun �N
on the west and, go all the way around the project to get into the east Ond'of
the project, but again,.. as I say, we are prepared to recommend.the fi;ret,plan.
2545 ,19,1 #
XIhi.`lt..�� .. ..
Mayor Suarez: l can't imagine the police Department, among others, really
going for that. And before you guys get into your presentation, what's the
switch now mean? We had a different attorney last time around. You guys
trying to play games with us, or...?
Mr. Al Cardenas: This is a...
Ms. Debbie Orshefskys We just need to have... exactly.
Mr. Cardenas: Right. For the record, my name is...
Mayor Suarez: I thought he was involved in other conspiracies along these
days. I'm sorry, go ahead.
Mr. Cardenas: For the record, Mr. Mayor, members of the board, my name is Al
Cardenas. I am here with my distinguished partner, Debbie Orshefsky and
clients and Mr. David Plummer, the traffic consultant, Doris Sheer and Michael
Schultz of the Coral Gate Homeowners' Association and we are here to tell you, f
maybe that our presentation can be rather short if it is acceptable to the
board, that we met on many occasions with staff, we've met with our traffic
consultants, with FDOT and we are prepared to accept the plan that your staff
recommends to you, that is, Plan A, and if you know, if you want to go on that
basis, that's fine. If you want me to get into a comprehensive presentation,
why, we'll be happy to do that.
Mr. Plummer: Are you making a proffer to the City?
Mr. Cardenas: Well, I'm listening.
Mr. Plummer: So am I.
Mr. 'Cardenas: OK. You probably want to see a 'little more landscaping on
Coral Way,.I presume.
n
Mr. 'Plummer: I didn't say a word. Ijust asked if, you were making"a proffer.
Mr. Cardenasf` We had 4
Mr. McManus: Mr. Mayor and members of the Commission,`for your information,
the proffer -to the `Herita e' Conservation Board"at their hearin b the K
P 8 �,. g." y
applicant was' to re -landscape port'ions'of Coral Way at m nimum,expenditure of
$20'1000. by the applicant, completion of relocation,, re -landscaping >by the
applicant in 90 days.
L`
r
Mr. Plummer: Well, that's got to be done. I mean, they are tearing it up, y
they've got to redo it.
Mr. Cardenas: Right, no but in addition to tearing'°up `and redoing, 'we are '
saying that elsewhere in Coral Way, we are committing'$20,000 of additional
landscaping at the discretion of the City, so we are doing the. two things,
we've agreed to Plan A, we've agreed to obviously landscape -and fix and.do �
what needs to be done regarding this particular -intersection and in=addition
to that, off -site elsewhere at'the City's discretion,' we are willing o"speadi
$20000 at your direction.
Mr. Plummets You are willin to do what? I' -'didn't' hear our, last;; aent'ence
g y
g g City-, landscape fund, or aRU5 Mr. Cardenas: We are willin to ive $20,000.to the Ci
i} 4r'M`{�'f�y. .
t0
1 f
,
Mrs.': Kennedge Another cause?`
Mr.' Cardenas: Right, whatever you wish.'
Mrs. Kennedy: Go ahead.
Y�
4 t
would hoe that it would be designated. a have the hon f
Mr. Plummer: I w p B W or o
having a very fine man in this community. T. Willard Fair was honored and
would 'like to see a- donation `go` to the Urban League of s$10,.000.rand j$
Commissioner Kennedy would have for the other $10,000,,and I.would.,.,there
only one question I have. Why is the reason you want to close that other
street?},
246 Decewbe 1 , 900
t {
Mr: McManus: To help him accomplish his mitigation:
Mr. Plummers help him accomplish ghat?
Mr. McManus.- To be able to move the two banyans from their present location
and relocate them in another area on the...
Mr. Plummer: But is he going to cut down...
Mr, Cardenas: Commissioner, the only reason for it is to relocate the banyan
trees. It has no traffic purposes.
Mayor Suarez: Can we relocate them somewhere else?
Mr. Rodriguez.- The only way you can relocate it will be by putting it any
place in a median. All the median in Coral Way, basically have banyan trees.
My only concern with his proposal...
={a
Mayor Suarez: No place where they died, or where there is a big gap?
Mr. Rodriguez: It is healthy banyan trees. My only concern with this
proposal is that I am concerned that we never had an advertised hearing on
closing 34, so if you were to agree with the solution, it would be subject to
removing the banyan trees and 34 were to be closed, there should be a hearing
to discuss that particular issue.
Mayor Suarez: Well, couldn't we move on this with the proviso that the two
banyan trees, that a location be found acceptable to this Commission? Not
necessarily in that median, and in the meantime we...
Mr. Rodriguez: '. If possible .in that median, if not, in another appropriate
location.
Mr. Plummer: Yes,. that's...
Mayor Suarez: Yes, , I` mean l... doesn't that'--maket, more.. sense from a traffic rs
standpoint anyhow? You wouldn't want to have a closing off of that other... r
the 34th Avenue island there. `{
Lt. Longueira: Mayor, we don't really have a, problem with the-34th Avenue jh
closing, because we think that may add ' to the traffic problems once a lot of z3
traffic is generated there. i
Mr. '.Plummer: You mean closing it.^
F
Mayor Suarez: So you may have a problem with closing it, right?
Lt. Longueira: No, leaving it open. Closing it we don't have a problem with.
Leaving it open will.
Mayor Suarez: So we kind of all agree that .the .banyan trees ought to,: -.be fr
moved, but not necessarily to be put into another place that we have close
off... which might also save you a lot of money too, because you were going to
have to close that and... {t%
Mr. Rodriguez: But if it .were to be closed, it will be,:. I'm sure, .that the
applicant will agree to volunteer paying for the closing of. the median. -
Mr. Cardenas: That is correct. }'
Mayor Suarez: I thought we established that, but if we don't have to close
it, they don't,have,to pay.
Mr.. - Rodriguez: Another solution that- might >require some expenditures .by the
applicant, they might be agreeable to that too
Mr. Cardenas:. That's correct.. 2,;x
'Mayor., Suarem: Is it legal for' some. of the Commissi.oners to have a banyan tre+� rhL ;; Y 3
in:our front yard?pt
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Mrs. Kennedy! Ne.
Mr. Piumet: No, no, I don't want.., no sir!
Mayor Suarez: .rust kidding, I've always wanted one, but you knew...
Mrs. Kennedy: He has enough.
Mr. Plummere No, don't put a banyan tree in my yard. you lose your housel
Mayor Suarez: I never used to do that when Lucia was here, you know. She
would always keep me honest.
Mrs. Kennedy: As far as your voluntary covenant, I would like to see half of
it go to the new Parks Program so we can have recreational activities after
school in all the parks.
Mr. Cardenas: So the $200000 contribution that will be proffered to the City
will consist of a $10,000 contribution to the Urban League.
Mr. Plummer: Right. ti
Mr. Cardenas: And a $10,000 contribution to the City's Park Fund.:: c
Mr. Plummer: Correct.
Mr. Cardenas: In addition to that, the developer will pay for. all of the
expenses to be incurred in connection with the implementation of'Plan A and
that of course, includes the replanting of the banyan trees, either on the
extension of the median, or elsewhere as the City decides.
Mrs. Kennedy: For purposes of clarification, it is.not-the Parks.Program. I
believe the name you, are going to find is Project RAP, recreation and parks,.:
�5
Mr. Cardenas: Project RAP, very good. x yr`d
Mayor Suarez: OK, is this in the form of a motion' by someone?
a
Mr. Plummer: • I'11 move ,it. f
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Mrs. Kennedy Second
Mayor Suarez: Moved : and .seconded Now,;! we :have no .heard from ` prior t
5
opponents, but I`see Herb Simon there smiling.'':and looking reasonably.pleased'.
Am I.correct-:that residents in"the area and business people, property owners`;,.
Are in agreement?;
Mr. Plummer: The Homeowners' Association were in favor.`
`'Mayor Suarez: OK, Let's hear then from anyone,who is opposed.to this plan.
Mr: Plummer: Excuse me for the record, is not the homeowners,` Coral Gate, ._
Homeowners' are in favor?
Mayor Suarez: Oh yes, good point, I'm sorry."�.
Mr. Cardenas: ;Yes; alie homeowners of Coral Gate are in favor ;of this. '�'`
i1 a X 34 �ir{;a�
Mayor Suarez. The association?
twl
Mt 'Cardenas: Yes, the association =is. �
Mr. Plummer: Because I received a phone call so informing me.rT4;. f r tr
`Mayor Suarez: The association. OK sir,: Anyone .who is `opposed f, tr
Mr..Oscar `de Cardenas: Mq name is Oscar, da Cardenas, 856a Douglasax}e
Lakes. we are operating the..
g a ¢Kna�PtrY0y+,'
-:Mrs, Kennedy: Miami Lakes?
' T rrS.7r F x7 t7 h iii''4-'��'i�R4 --
�lr. de Cardenao. I live there;,,:I don't iivs �m Miami. � } r � a , ,�v�rr v,,�� �t1 4.4'�
s ,r � 't t.: �, ��.! rf,.{ Sr>���,��'v Esth,�;�,..� '�'. •r� r -
yjj�J��J!!..`� a o - �� ttt ! e k t J � it ,'i'fsc;'i � r• ;}5.�'��{Ca r,-i ��,. �..
:3TxR�M''i r .., � V - ,_ _.. _ • { 'r.I �i�.. Li i. ...r��lA-ii _. a4 ,si=l :l+���._ _ -
Mr Plummer ,, ,
No, he's talking,,about going- we
`de Cardenas: Going:.:
.::Plummer:'
He ! s,going east;' : he would ma;
wouTd`just.make a left turn at the'tilight
Mayor Suarez:
Can anybody, show on- there plei
Mr `: Plummer:
That's • it. .There's no �` d i f f c
would probably be'help'out by;,1 ving the ligi
Mayor. Suarez:'
The light should; help: int`i
Mr.;' Caidenaa::
Iv wouldtleave'. hi;a site exacta
Mr.�•Plummersr «Correct,t
7
�> Y � iF °� "� �r +z�:f,
Mayor •
,If you "have any `'questions'
.Suarez:'
diacuso it with st'aff,`m:ir.
!r ;: de: Cardenas:
;%es{., I #:aye the qus:atior
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A� V:
rt k:iae
....................
Mayor guaratt From a traffic standpoint, does that make sense to h&Vb if,
addition? I means I know It to doable, but is it it good idea just to,
ateommodate one parking lot?
Lit, Lohgusira, I believe that... yes, sir, because it not, the people_are
going to get but in that intersection anyvayi it is going to be uncontrolled
havioe. We'd rather have the light control it,
Mr. Cardenast Which in fine.
Mayor Suarez: Well, what you are saying is, when you have the left turn
signal going one way, you may as well have it going the other way. You are
not going to delay any more the cross traffic.
Mr. Cardenas Mayor, just to preserve the record, I'd like for Mr, Plummor#
the traffic expert, just to have one sentence saying that it's doable, just.so
that you know, we're comfortable.
Mr. Plummer: Let him start off with giving the disclaimer.
Mr. David Plummer: For the record, the name is David S. Plummer, I'm,
relation to Commissioner Plummer, I don't think.
Mr. Plummer: Yet?
esn
Mayor -Suarez: You do have a policy of refunds and exchanges, which he do' ' t-
have, right?
o
Mr. D. Plummer: Yes, I do that. The question is for the north bound to the:
west bound from the driveway from what used to be called Seven.: to Eleven
store, that could be installed in the signal so the signal would control..all
four,: approaches. For -.the record,1the owner of the property was offered that.
:in the very beginning and turned it down and did not want that movement in
-signalization. We are willing.togo,to,,the State, iUso directed, and.put it
lk
in for approach signal,at.that location.,:
..Mayor Suarez: Do,you want it now?
M de'Cardenas : c,'Yes, I, want it
ore,,,'you't. j,the..
�M ay or'Suarez':: jaii*,:said' ..bef we're, against
Mrcile,',,carcenas.., % li'o, Bal,C.L.:Xnel,tlourrway,_;yes..;;
Mat Hirai. Ixcuse me, it was November 17th, so technically, we're tV6 days
away, the l7th, to 17th, today is the 15th.
Mayor Suarez: Thank you, Ood bless you, All right.
Mr, Rodriguez: Oh, thank you, OK, good,
Mayor Suarez: So you can lie. No, actually, you can't, because there is
probably other reasons why you can't, Herb, so be careful.
Mr. Simons OK. Herbert Simon, and I am the owner of the property the
gentlemen is just speaking about here. I was up here before objecting. I
have no objections to this Plan A. Either Mr. Plummer, that Mr. Plummer,
doesn't understand, or I didn't understand. This is fine, we would like,
just what this gentlemen said. We'd like to be able to have the west bound
traffic make a left turn and I was told by Mr. Plummer a while ago it may not
be permitted by the State and we would also like to have the traffic to be
able to come through from the Miracle Center to come right across the street.
into this property. If those two can be done with the signalization, yes I
-
want...
Mayor Suarez: Well, they can always go across the street, because they will
be.able to turn going west, we know that. They'll be able to turn left there,
Mr. Simon: What we're concerned about, and I think he is too, As that the
west bound traffic, there would be a no left turn signal.
Mayor Suarez: I mean going east, I'm sorry.
Mr. Simon: I understood this, Mr. Plummer, outside that's a possibility the
State wouldn't permit a left turn signal there, so we would have like a one-
way street. We could get none of, the west...
Mayor Suarez: Herb, please, whenever you say a left -turn signal, you have to
say from what street`to what street, otherwise, qou are totally confused. OK,
you are talking 'about going into the shopping centerfrom Coral Way?
Mr. Plummer: No.
Mr'.�Simon:, That's right. :Or going west on Coral Wayland..:
5
'
Mayor, Suarers Well, you.may not get that, ;I gather,
Mr. Simon: Well,`I thought you said a few moments ago that we could have a
4
1eft`.turn� signal? -
s
Mayor Suarez: Well, if FDOT accepts it.
Mr. `Simon: Let> me just leave it this _way. If we can 'get it, we'd like:' to..
have it. Of the three plans, you know, it is like, would you like to `be shot,
stabbed'or hung, but of the three lans<here Plan A::
g P ,
`x
Mayor Suarez: I'll tell you what -I'd like to do to 'you right now,.:but,no;
ahead.
f<
Mr. Simon:' Thank you, sir. Plan is.the°best.
Mr ::.Plummer: That sounds 11ke'the guy that got :the telegram, your: mother -in
4
.law,xihe says :do. ;all three,Sdon'Vltake any chances.
.
Mrs Simon: Why.: don't .you retell them about the free funeral you offered
J L,, that expires before Idol;
Mr.' Plummer: ` Yesl
``Yr
Mayor Suarez: Does that all make sense, counselors? - this happy couple we
have here today, before we hear from Joe.
Mr. Cardenas: That's fine. I just want to make sure that we are authorised
and it is appropriate that while the City,, makes ; u its mihd it" ,woats
Y: P `
. 4W' �
,v4hether
thebanyan trees replanted on an extended median, or else that We. Can
obtain our building permit to construct a deft turn lane, so that the tira
�
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252 A4�AWbax.
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�:f..xV'i4,."1-r117,J. a.. .<. _ .. ..... .., .. ,. rv.. ._... ,. _r r,...w- ,.,s a.e li, .'2.. .f .... nor t.".-vrt�r,...1..'ut�i��.._•�3a13�f.,yi§..$uv :�:.,7:,..h J, 4.r.$'�r%''si4X�i'�'i1" _
signal process can procead. That's just a point of clarification. We
wouldn't want, if the City wanted to take its time and snaking up its mind
where to put the banyan trees, we wouldn't want to be stuck in the process.
Mayor Suarez: I think you are getting approval of everything except where
they are going to be relocated to, which, if we were going to relocate it
where we thought we were going to relocate them, we'd probably have to have a
public hearing anyhow, so you are ahead of the game by the decision we are
going to make today. Joe.
Mr. Joe Wilkins: This just is part of my concern. I'm here tonight...
Mayor Suarez: Give us your name on the record please, sir.
Mr. Wilkins: Joe Wilkins, president of the Miami Roads Neighborhood Civic
Association. I am here tonight because we've had a lot of calls. I know we
are on the other end of Coral Way, but there are a lot of people concerned in
our area, specifically about the banyan trees. You know, I came here tonight
expecting to hear a proposal for the removal of some black olive trees and
$20,000 to be given to the City. My question, if it is legal, which I am
suspect of to take those banyan trees out, because I've read the State
statute, I think there are people here probably more familiar with that than
myself. If it is legal at all, I do want to hear some assurance that those
trees will go back on Coral Way, and second off, the $20,000 that was being
offered, my impression was it was going to go to improvements on Coral Way.
Why is this going everywhere else? If this is coming for impact that's being
done on Coral
Way, that money should go back to Coral Way.
Mayor Suarez:
We thought that the only negative impact on Coral Way would be
the banyan trees,
and that...
Mr. Wilkins:
Well, there is going to be traffic, and you know, you are making
Mayor Suarez:
But we knew thatwhenwe got into the project.
Mr. Wilkins:
Right.
Mayor Suarez:
And we figured that -some -of these other programs that the'City E,..z
is<involved in
are also extremely important to the community.
Mr. Wilkins:
Will you have to get permission from the State to take those $.
trees out?'.
Mayor Suarez: '
Well, 'that... Y!
Mr. Rodriguez:
They will have"to'follow'al`1 procedures.
Mr. -Wilkins:
They will... pardon me?
Mr. Rodriguez:.
They will have to follow all procedures and requirements.
Mayor Suarez:
You might, if there are no gaps on Coral Way, consider possibly-''
looking at the
possibility of some -of those_ boulevards you have...,4sif
Mr. Wilkins:
I'm just tr in to.answer some of the questions I have. `' +tJt`;
j Y B q
Mayor Suarez:
No, let me finish. Some of those boulevards "-you have in -tho> ;;
Roads, that's
all"I am saying. Now', the motion..`. F 8�
Mr. Wilkins: Well, in this case...i
Mayor Suarez:
Now, the: motion, I think right now says" that it would
back on Coral
Way. Is that what we are.saying?
Mr. Rodriguez:
Yes, sir.
Mr, Wilkins s
Right, close enough, 'thank you. r '
4
1
Mayor , Suarez:
4 t�
But I can see !us changing our 'niz}dsF; and pr�iA to, put them 1
over on the roads.
,,tt'aa ggqi {{rt
M,
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signal Process can proceed. That's just a point of elarifieation, die
wouldn't want, if the City wanted to take its time and making up its mind
where to put the banyan trees, we wouldn't want to be stuck in the process.
Mayor Suarez: I think you are getting approval of everything except where
they are going to be relocated to, which, if we were going to relocate it
where we thought we were going to relocate therm, we'd probably have to have a
public hearing anyhow, so you are ahead of the game by the decision we are
going to make today. Joe.
Mr. Joe Wilkins: This just is part of my concern. I'm here tonight...
Mayor Suarez: Give us your name on the record please, sir.
Mr. Wilkins: Joe Wilkins, president of the Miami Roads Neighborhood Civic .
Association. I am here tonight because we've had a lot of calls. 1 know we
are on the other end of Coral Way, but there are a lot of people concerned in
our area, specifically about the banyan trees. You know, I came here tonight
expecting to hear a proposal for the removal of some black olive trees and
$20,000 to be given to the City. My question, if it is legal, which I am
suspect of to take those banyan trees out, because I've read the State
statute, I think there are people here probably more familiar with that than
myself. If it is legal at all, I do want to hear some assurance that those
trees will go back on Coral Way, and second off, the $20,000 that was being
offered, my impression was it was going to go to improvements on Coral Way.
Why is this going everywhere else? If this is coming for impact that's being
done on Coral Way, that money should go back to Coral Way.
Mayor Suarez: We thought that the only negative impact on Coral Way would be
the banyan trees, and that...
Mr. Wilkins: Well, there is going to be traffic, and you know, you. are making.
Mayor Suarez: But we knew that when we got:into the project.
Mr: Wilkins: Right. j
Mayor Suareze And we.figured that ,some of,these'`other programs `that the
is'involved in are also extram ly'important.to the community
f `3
Mr'. Wilkins: Will you have to _get permission from the State to take those
trees out?
.,
Mayor,Suareze Well, that... v
Mr.- ,Rodriguez:. They,,will have.to;follow all procedures. 4
1
Mr..Wilkins:' They will... pardon me?
Mr. Rodriguez: They will have to follow all procedures and requirements;
- Mayor Suarez: You might, if there are no gaps on Coral Way, consider possibly
looking - at the possibility of some of :thoseboulevards' you have.,. 3�
Mr: Wilkins: I'm.just trying to answer some of the questions I have. k ;
} Mayor Suarez: No, let me finish. Some of :,those::-y boulevards ou have in Atha sA;`'
f
Roads, that's all I am'saying. .Now, the motion,
Mr. Wilkins: Well,, in this case,.,.:
Mayor Suarez: Now, the motion, .-I think right now says that it wouSsl ke pux`�.
back on Coral Way. Is that=what we are saying?
4 rer,l
�0 -.
'Mrr,Rodriguez: Yes, air. Mr. Wilkins: Right, close enough, .thank •yat,
a 1r•'}'S
Mayor Suarez: But I can nee us chan$inj: d "r3►tt�¢ to pit f�he�►� `'�`�u�'�
r ✓n ys 1t`��.s x1
oven on the roads. ,r � .
��{� a .•� t 1,. F i ) h- t� ra .u. f ,yy �l _"i�'"4.P�aq(`z�-�� 3 z'. M � t ,yes'`
{�Q�
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Mayor Suarez: That would be...
Mr. Plummert ... 3rd Avenue.
Mayor Suarezt Or 3rd?
Mr. Dawkinst Point of information.
Mayor Suarez:
Oh, I
thought that was
Coral
Way, I meant
the other one too.
Mr. Dawkins:
Point
of information.
In
the event the
State does not give
permission to move the trees, what?
Ms. Orshefsky: Mr. Dawkins, Debbie Orshefsky, for the record. There is no
State requirement that they don't have to approve the relocation of the banyan
trees.
Mr. Wilkins: But there is a law that trees can't... there is a State bill
protecting those trees.
Mr. Dawkins: Hold it, hold it.
Mr. Wilkins: When all other alternatives have been extinguished.
Ms. Orshefsky: We've been...
Mr. Dawkins: My City Attorney, what is the ruling from the State of Florida
on the removal of banyan trees?
Mr. Joel Maxwell: It's a scenic corridor protected by Heritage 'Conservation ;
Board. The regulations of the City of Miami will cover removal of those .'.',
trees. '.
Mr. Dawkins: The 'City of Miami and not the State?
Mr. Maxwell:' The State -defers to the City.:
Ms. Orshefsky. They have no permitting authority in�this area
Mr. Dawkins:` This is my City Attorney. Now, when I get through' with him; I'
can. hear you know, the 'l'ayman's point of 'view;- "but` let" 'me hear from him,
please. Go: ahead,' sir:51
' -
Mr. Maxwell: The State defers to"the`City`on therprotection of'those trees, F
so we had to follow the City regulations on'
removal.
_
Mr. Cardenas: Just to...
Mr. Dawkins: Now, go right ahead. �-
Mr. Cardenas: To extend the explanation for the gentlemen is, correct insofar
as certain interpretations are concerned, however we've discussed this with
counsel and I think it's appropriate to tell you on the record, that for.,,asp;
safety reasons for which this application was, set forth`; there is a clearc
caveat and a clear precedent that whatever it is we are doing, it is clearly t1}<=
legal and permissible. We're comfortable with it and I think our- Cityg P y y
experts who advise you are as well.
Mr. Dawkins: OK, now, let the hear from you.now, because he is uncomfortable;§
with it, all right, I hope. `
Mr. Wilkins I'm comfortable if the trees ' do stay on Coral Way and if
neighbors in the area are happy.
�x
Mr.`Dawkins: No, no, see, I am saying, is it legal,`
Mr.- Wilkins: There is a State... I have read 'a State statute which very J
clearly states unless all other options .are exercised, ,iagludiag:restrictnS
traffic flow,' those trees cannot be touched. Now, maybe they.dscide on other.
legalities, I'm not an attorney, but that is what the Stote`law,says. y.
254 Deca
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Mr. Plum mart if those treea can't be relocated, that plan cannot be
Implemented, it would have to come back here, it is just that sithple.
Mr. Vilkinat flight, that would be fine.
Mayor Suarez: Hey, you might want to point out the statute to our City
Attorney just in case! All right, do we have this all in the form of a
motion? It was made.
Mrs. Kennedy: Do we have a formal motion?
Mr. Plummer! You seconded it.
Mrs. Kennedy: OK, I thought so.
Mayor Suarez: You seconded it? And all the intricacies of the discussion are
understood, hopefully. Do we have an ordinance, Joe?
Mr. Maxwell: An ordinance on...
Mayor Suarez: Is this in the form of an ordinance or a resolution?
Mr. Maxwell: No air, this is a resolution.
Mayor Suarez: Call the roll on the motion.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1212
A RESOLUTION MODIFYING THE DECISION OF THE HERITAGE
CONSERVATION BOARD RESOLUTION HC-88-76, OCTOBER 25,
1988, WHICH RESOLUTION AUTHORIZED A CERTIFICATE OF
APPROVAL FOR THE REMOVAL OF EIGHT BLACK OLIVE TREES ON
THE SOUTH SIDE OF CORAL WAY (SW 22ND STREET) AT SW
33RD AVENUE; AUTHORIZING THE ISSUANCE OF A CERTIFICATE
OF APPROVAL, AS MODIFIED, FOR ONLY THE REMOVAL AND
RELOCATION OF TWO BANYAN TREES LOCATED IN THE MEDIAN
OF CORAL WAY AT SW 33RD AVENUE; APPROVING A TRAFFIC
SIGNAL AND LEFT TURN STORAGE LANE AT THE EAST BOUND
'LANES OF CORAL WAY AT SW 33RD AVENUE; ACCEPTING THE
PROFFER OF THE APPLICANT; FORT SCHOENBERG PROPERTIES
INC. TO DONATE TEN THOUSAND DOLLARS ($10,000) TO THE
_URBAN LEAGUE OF GREATER MIAMI, INC. AND TEN THOUSAND w
DOLLARS ($10,000) TO PROJECT RAP, URGING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO CONSIDER CLOSURE OF
THE MEDIAN OPENINGS AT 3400 CORAL WAY AND POSSIBLY, AT
APPROXIMATELY 3275 CORAL WAY TO ACCOMMODATE THE
RELOCATED BANYAN TREES EITHER THERE OR ELSEWHERE ON
CORAL WAY, AND PROVIDING AN EFFECTIVE DATE. t
(Here follows body of resolution, omitted here and onE
file in the Office of the City Clerk:)_
Upon being seconded by Commissioner Kennedy, the resolution was. passed
and adopted by the following vote: sYj
AYES: Commissioner J. L. Plummer, Jr. ,
Commissioner Rosario Kennedy.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
, Mayor Xavier L. Suarez,.,
+ , +'�t
NOES: None.
ABSENT: -None. �t
Mrs. Kennedy: Al', when do you expect to get your: CQ?
yry `r
Ma ` Orshefsky: Early February.
I� Dada ry}'
��� it -
a
k
Mr. Dawkins: And just a minute on this, nothing will be done until I know
whether these trees can be moved, no permit, no nothing, OK? Is that clear?
Mr. Rodriguez: It's clear.
Mr. Dawkins: Do not issue any permits or nothing until you let me know those
trees can or cannot be moved. OK.
Ms. Orshefsky: Will that be by a City Attorney's opinion?
Mayor Suarez: Yes, we'd better get that in writing from the City Attorney.
Ms. Orshefsky: That's fine.
Mayor Suarez: Mr. City Attorney, make sure we get a written opinion that they
can be moved and that the ordinance referred to, or statute referred to by Joe
Wilkins has been considered. I think it would be only wise to do that.
82. Appeal by objector denied - uphold Zoning Board's approval of variance
to allow conversion of portion of existing office building at 2900
Bridgeport Avenue.
-------------------------------------------------------------------------
Mayor Suarez: PZ-6.
Mr. Olmedillo: This is an appeal brought up by the Coconut Grove Civic Club
and as we always do, we let the appellant speak first.
Mr. Jim McMaster: My name is Jim McMaster, 2940 SW 30th Court in Coconut
Grove. I live just outside the 375 foot boundary. I'd like to submit four
letters from homeowners of the Grove Deco Townhouses on Bridgeport who live
within 300 feet of this building and are opposed to the proposed variance.
What the applicant is asking for is a variance to reduce parking in order to
convert the existing residential use on the top floor of this building to
office.. Once they get this, they also have a zoning change in the pipeline to
convert the existing from R02-1/4 to RO2-1/5. What this variance allows them
to do is not only convert the existing top floor from residential to office,
but once they get their zoning changed, to build out the top floor of the
building. There is a serious parking problem on Bridgeport already, Scotty's
Market is at the other end on Bird. Scotty's has already been cited by Code
Enforcement Board for maintaining illegal parking lot on Bridgeport Avenue,
which they have since removed.
Mr. Plummer: Well, my understanding was that it was not that they would-be
able -to build out, but they would be able to enclose the balconies. That's my
understanding.
Mr. Al Cardenas: That is correct.
Mr. McMaster: Right, this building has received two previous variances;.'a
variance in height and a variance for loading bay reductions.
Mr.. Plummer: Correct.
Mr. McMaster: When they received these variances, it was according.to plans, "=
a building that stepped back with balconies that was attractive. That
supposedly was going to be owner occupied by 50 percent so we would not have
paper trucks as the experts said, coming in with large volumes of paper and
other things that necessitated a large loading bay. What they are proposing
is taking a building that received two variances according to the plans on
file, and enlarging it and creating a situation where Bridgeport will be lined
with cars from one end to the other.
Mr. Plummer: What I am bringing out is, they are not building out any further
than what they presently exist. They would... =r
Mr. McMaster: Well, there are open balconies on the building they intend to enclose.y
�5
i
256 Daapml�ez 15, 4 $ ,` q; hFt:
Mr. plummors OK, all they would be doing would be,
the application, it's not been filed yet.
Mr. McMaster: Oh, yes it is. You've approved it on first reading already.
Mr. Blummers For the zoning change?
Mr. McMaster: The second reading is for the zoning change, yes, sir.
Mrs. Kennedy: Because they contend that residential use cannot be marketed '
because of the noise and...
Mr. McMaster: What I would like to do is have the Commission defer this
today. They have not gotten the zoning change. This can be heard on the same
day the zoning change is, and we can rap this all up into one package. The
applicants, I do not know if he is here today, the proposed computer
manufacturer, but they have discussed a transition use parking lot with some
of the neighbors and we are not totally opposed to that. What we are opposed
to, is a zoning change and a variance that will leave Bridgeport a huge
parking lot, which will then trigger a rezoning on the two empty lots next
door that are owned by a bank and we know that those two lots will be in for a
zoning change within six months after this building is built out.
Mr. Plummer: Would that be bad?
Mr. McMaster: A zoning change?
Mr. Plummer: For additional parking.
Mr. McMaster: Well, what we are suggesting is that they could... there has
been -talk of the applicant buying these two lots and getting a_transition use
parking lot.
Mr. Plummer: Why would that be bad? ='
Mr. McMaster: Well, we are not arguing-against.that.We're arguing that once
they get this variance, there's no need for -them to spend the money for.'
transition use parking lot and.that when this variance in zoning change do=:go
through, it is inevitable that the next two lots .will come in: for 'a zoning
change and.it will go down Bridgeport.
Mr. Plummer: I see.
Mr. McMaster: Maybe Mr. Cardenas could shed some light on it, but there has
been discussion of a transition use.parking lot,.which.-I know, the Paces, -.who T
have.the four lots as you head, away from U.S. 1,23 and 24 are empty :and.,are-
owned by a bank and then the next four lots are owned by the Pace: family;
' which has not objected to the idea.
Mr. Plummer: I understand what you are saying,. -but I also understand hie
request:`
Mr. McMaster: Mr. Cardenas could shed, .some.:'light on 'it, and. then VI finish F, ;
speaking: F;
Mayor Suarez: Counselor?
Mr, Cardenas: Well, at this point in .time, just "the light that 'is. to bejshed, Fyn,
V
Mr. Dawkins: You don't.look;like. .• are -you .Lucia Dougherty?
Mr. Cardenas. Excuse me? �r `'F: f
Mr. Dawkins::': Are you Lucia Dougherty? t . _ r� w
Mr. Cardenass Oftentimes I am mistaken for her;,
Mayor Suarez: They -are playing musical chairs on, us today. Weld s h4', is }punk 1r r'
there somewhere, kind of like whispering...
Mr,.'Cardenas s - She ! s around.
r > y y Y{
�` 7`yy rt r1 7 'ih = � � } "�ll �Sew,.-r.. 1�'KM! � ii j �'b"r1���.�✓%�� i�^�v��d�'S'��''i '"��dd'F'� ��
+Rk'4..xir.�
Mayor Suarez: Go ahead.
Mr. Dawkins: Go ahead, Al.
Mr. Cardenas: OK, Commissioner, Mayor, members of the board, for the record,
my name is Al Cardenas with offices at 1221 Brickell Avenue. I guess Mr.
McMaster hasn't finished, so what you want me to do is to answer that
statement. Tropical Federal owns the site in question, which is the subject
matter of the appeal. The adjoining lots are owned by a separate institution,
known as First American Bank and Trust. The individual who is purchasing this
site from Tropical Federal has discussed the possibility of our acquiring the
adjoining lots, but he has not entered into either a contract for purchase or
an option agreement, and therefor, at this time, the possibility of having the
adjacent lots have any bearing to do with this particular site is purely
speculative.
Mr. Plummer: Al, the real question I guess, is do you have any problem with
the deferment?
Mr. Cardenas: Yes.
Mr. Rodriguez: May I add something on the record, which is a question that I
have. The variance that the applicant is requesting is based on a sector 4.
It is RO-2.1/4. The applicant had requested previously change of zoning to
RO-2.1/5. If the variance were to be granted today by you based on the
sector, the change of zoning comes in the future and it's granted to the
applicant, wouldn't it make the variance maybe null today?
Mr. Plummer: Well, isn't the variance... well, let me understand where we
are. I understand the variance has been granted. This is an appeal to
overturn that granting.
Mr. Cardenas: That is correct.
Mr. Rodriguez: Right, but also, there has been as request for a zoning
change. Let me get Guillermo to explain in detail.
Mr. Olmedillo: The problem may arise if the application that you have today
is RO-2.1/4 and you were to defer this item until the zoning change is heard,
then the zoning on the property will change and by the time you hear the
variance, then the application is different. Now, the question will be legal.
Is it a legal application that you will have in front of you, if by the time
they hear it, or you hear it, it will be zoned a different classification.
Mr. Cardenas: Let me, if I may, because I think the matter is a lot simpler
than is being presently indicated, Commissioner Plummer. Let me give you 30
seconds worth of history here. We had filed originally two applications, one
for a sector change which indeed was later granted from RO-1/4 to RO-1/5.
There was a companion application for a variance to provide 32 rather than the
40 permitted parking spaces and subsequently, there is a master plan that has
to likewise change be approved, because when the City originally changed the
zoning years ago, and that had nothing to do with this application, the Master
Plan had not been changed, so those were the three things that needed to be
done. All that we requested, to get all of these complicated things done, and
all that still is before you is for the top story of the picture I'm showing
you to be enclosed. In order to enclose it and have it used for office space,
all of the things I just mentioned needed to be accomplished. Because of
technical reasons, the advertising was not handled properly, not because of
staff's fault, but for technical reasons, and the variance application did not
accompany the zoning application, and it therefore had to lag 30 days later.
The Zoning Board recommended approval and you approved four to one the sector
change request. Then we came 30 days later on that lag and the Zoning Board
approved unanimously the change and there was an obvious reason. We had given
you the whole story, but obviously the users, a software company with only<17
employees, the traffic patterns are minimal and so on so forth and still you
would need a special class C permit to get certain things done and later on
you had another shot at the matter, so the Zoning Board approved it nine -zip
and the appeal was filed by Mr. McMaster and that's what's before you. If you
deny the appeal, what will transpire is that the sector change, which you
approved on f irst reading will then be heard on second reading in conjunction
with the master land use change in January. Once that is approved,. together
258 December'l5, 1988
'
f
with a variance that was granted last month, and you would have upheld today,
will permit what it was that we requested, and if you'll recall, there is a
covenant which is also binding on the sector change and it is also of course
binding to everything, including the variance request and that covenant, which
has been proffered sets forth that the building would not be changed except
that the balconies would be enclosed, the same height, same structure, and
there would be a contribution to the park fund. All of those items still hold
and because of all that, I think we're headed in the right direction: Staff
is headed in the right direction, we are and we respectfully request that the
appeal be denied on that basis. There is certainly not a public detriment to
our request, the company is a software entity. It does not need the parking
spaces, it had 17 employees and therefore 15 extra spaces for a few visitors
who may come from time to time, and I think you've heard from the appraiser,
you've heard from the neighbors, you've heard from the fact that this a
substantial neighborhood detriment at this time and I'd like to incorporate on
the record all of the previous testimony from the experts and neighbors on the
zoning case to be incorporated by reference to this appeal in the event it
proceeds further. Thank you.
Mr. McMaster: Is Mr. Lang here? I'd like to have his reassurance about the
number of employees and the use of the building, the gentlemen who is going to
buy the building.
Mayor Suarez: You don't... I'm sorry? You don't what?
Mr. McMaster: I was questioning if Mr. Lang was here. They are basing their
need to rezone the building on the fact that the man who was interested in
buying it needs a larger building. He runs a computer company. I was asking
if Mr. Lang was here tonight to reassure us that all they had was 17
employees.
Mr. Cardenas: Well, he stated that on the record last time, and we've
incorporated the record by reference. I can represent to you that that's my
recollection of his testimony. Furthermore, there are other reasons why this
is a particular situation, or peculiar that warrants a variance, and as you
may have recalled from the expert's testimony, the two apartments on the top
floor in the building were completely unmarketable and not appropriate, and as
such, the zoning that was granted was the only appropriate relief in order to
make this project go and therefore eliminate all of the problems that had
developed in the neighborhood, so there are a number of other items that made
this decision for the public benefit.
Mayor Suarez: Are you a little bit more satisfied? Are you stillnot
satisfied, are you still hoping that we don't take this matter up?
Mr. McMaster: Apparently Mr. Cardenas is not happy with deferring it, so,
we'll have to proceed.
Mayor Suarez: No, for myself, I'm looking to see if the neighbors represented
by yourself tonight are in agreement, and if not, this is...
Mr. McMaster: Well, what more...
Mayor Suarez: This is a highly stable neighborhood south of U.S. 1, and you
know, my...
Mr. McMaster: Yes, we are more than willing to... it is unusual, since we
usually are vehemently opposed to transition use parking lots, but we have a
situation here where you have two lots that are owned by a bank. Mr. Goudie
had a very large mortgage on them. They are not going to develop them behind
Pantry Pride as residences if they don't have to. When this rezoning goes
through and the parking variance goes through and Bridgeport is one huge
parking lot, they will come before you for a zoning change. The neighbors
realize that and feel it would be better if we could get a transition use
parking lot on the site with high walls that is landscaped. That would take
care of both this building and these empty lots which are a problem in the
future.
Mr. Plummer: But that application is not before us.
Mr. MacMaster: But what I'm asking is for Mr. Cardenas to defer'Lhis. This
issue cannot be heard until March. It is not scheduled 'in January, it`s;
r
259 Dace�gbe -4.5 �9�8
going to be heard some time in March, the rezoning, because the comp plan has
not been changed yet. The building, the comp plan does not show RO for the
parcel, so we have at least one full month to discuss this with the neighbors.
Once they get their variance, there will be no reason for them to discuss
anything with the neighbors. I'm simply asking if we can defer this until the
meeting before the zoning change, which gives them one-two weeks to prepare.
Mr. Cardenas: Let me, if I can, add the following. This has been going on
for six months now, close to six months since the application was originally
filed. The reason why we have not proceeded quicker has been because we
voluntarily agreed with the City staff to prolong the second reading so that
it wouldn't be heard today, but the following month, because the staff
recommended that it be heard in conjunction with the Master Plan change,
Master Plan change which was necessitated not by this application, but to
correct a previous situation. The sale of this property and the closing of
this property of Mr. Lang has been contingent, obviously, on the granting of
this variance because that's how Mr. Lang knows that he has a project where he
can enclose the balconies and provide the parking for his facility. If you
continue to defer this, Mr. Lang has an out, they don't have a contract,
they've been working on this for over six months and we feel frankly, that
because of these delays and the technical difficulties and the fact that these
couldn't have been companion items in the past, has made my client, Tropical
Federal, suffer at least sixty days if not more, worth of delays in this
closing. To delay this matter further when the neighbors have had six months
to discuss this with us, to me is not fair in the equitable scale of things.
Lastly, let me add that this is a matter which was unanimously granted by a
variance that was unanimously granted by the Zoning Board. There wasn't a
single member of the Zoning Board that felt differently about our application.
Mrs. Kennedy: They complied with the 32 spaces instead of the 40.
Mr. Cardenas: Well, we already have. See, we have the 32 spaces already,
that's what's there. You have already given us consent by the sector change
to enclose the balconies, because the enclosure of balconies creates
additional square footage. The parking that is there is no longer sufficient,
according to the code, and that's what makes us request a variance. We are
not changing the building. We've filed covenants to that effect, but there
can't be any more than the parking spaces that are there already. See, this
is an after the fact application, not new construction. So, all we are asking
you is to provide us appropriate relief, because that's all that's there.
There isn't any more parking available. You've already told us because of the
sector change that we could enclose the balconies. We went all over these
issues before. The reason why we are having an argument again is because
unfortunately the variance request was not a companion item at the time that
you granted the sector change, but we've discussed these matters at length in
this board and at the Zoning Board on two occasions and it has been
unanimously recommended for approval twice, or approved twice and you approved
on first reading four to one your decision, so I think that you know, we've
already had it pretty well set meeting of the minds on this subject.
Mr. Rodriguez: Let me clarify what, re -enforcing what Mr. Cardenas said. You
haven't approved this yet, you approved it on first reading, the enclosure of
the property.
Mr. Cardenas: Right.
Mr. McMaster: I apologize to the Commission, but I have to get it on the
record, the facts and figures in case the neighbors care to proceed with this.
They have presented this as a building that they got through foreclosure.
Tropical Federal loaned Mr. Goudie the money to build this building. Mr.
Goudie got two variances for height in the loading bay reduction in 1981,
which Mr. Goudie then somehow let lapse. He let the time limit lapse and Mr.
Cardenas, you remember very well, since he was the lawyer in 1982 who refiled
the second set of identical variances that were approved again by the Zoning
Board. The building proceeded under construction. Mr. Goudie had financial
problems. Commissioner Plummer, last time you mentioned that you had
understood the building had been vacant for four years. The fact is, this
building has never gotten a CO. The building has never been completed. I'd
like to reference into the file, the City's building permits on this building
and the two temporary CO's it did receive. Two of the floors were leased
briefly for a while and were completed. What we have here is a series of -
construction lags, financial disasters and a building that has never been
occupied. This is not a zoning issue. It's an issue of incompetence.
260 December 15, 1985
3:9 ..V sf �# i
Mayor Suaret: You know, you are a damn encyclopedia.
Mr. McMaster: Thank you, air.
Mayor Suarez: For myself, once again, I would vote either to deny or to
defer, and I'm one vote, there is only four of us up here, Al, so if you...
Mr. Cardenas: No, there is five.
Mrs. Kennedy: I'm inclined to go with the deferral.
Mr. McMaster: If you would defer it, I think maybe, you know, if it could be
heard the meeting before the comp plan is approved, I'll go for that.
Mr. Plummer: Let me put my voice on the record here. The thing I keep
hearing from you, Jim, is that the fear would be that the lot to the south or
towards Bird...
Mr. McMaster: Right, 23 and 24.
Mr. Plummer: 23.
Mr. McMaster: 24.
Mr. Plummer: Well, just 23 in itself would become a parking lot and I don't
see any detriment to that.
Mr. McMaster: No, no, we want the parking lot. We would agree to the
variance. Instead of getting a variance, they can get an off -site parking lot
which solves their problem and it solves our problem both. And they are the
ones who suggested it, Lucia Dougherty brought up the fact to me that... and
Mr. Lang.
Mr. Plummer: Are you saying then that in reverse your fear is they won't do
it?
Mr. McMaster: Exactly, which leaves first American Bank with lots23and 24
with a street that is a parking lot all day long and Pantry Pride behind them.
They are going to be in here for zoning change within six months. It's
inevitable and we feel we could avoid that by locking these two lots up into a
transitional use parking lot.
Mr. Cardenas: Mr. Mayor and members of the board, what Mr. McMaster is
suggesting is that you look at this scenario. You've already granted the
zoning request on first... you've already approved it on first reading, we are
going to second reading. We had ample discussion on the subject matter. We
had neighbors, we had witnesses, we had Mr. McMaster. It was a 4 to 1 vote.
There were no more issues of fact to be brought here. If you, for whatever
reason, defer or vote against, or vote in favor of Mr. McMaster's appeal, you
are in fact denying your previous decision and reversing it, because the only
reason the variance is necessary is that without this variance, we can't
enclose the balconies. We've already established at the previous hearing why
we needed to enclose the balconies and I didn't want to do that all over again
this evening and that's why I said I incorporated the experts' testimony and
neighbors' testimony by reference. We've already made a decision that it was
good for the City to enclose these balconies. In order for the balconies to
be enclosed, you need a parking variance, that's why we are here. That's why
the Zoning Board granted it nine to nothing. If you vote against the
variance, you are reversing your zoning decision.
Mayor Suarez: How about a covenant?
Mr. Plummer: How about a covenant that you will not exceed 20 employees, and_
32 spaces?
that, out of x
Mr. Cardenas: OK, we will add that.
v $
Mr. McMaster: How about damages to the neighborhood,if they have more than 20 ?%k7
employees? `
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Mr. Plummer: Then they lose their variance.
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Mrs urdanas t flight, that's right
Mr. McMastort well, I would like to sea the aovanant before the Oo tiissidn
totes on it. I want to sea it in writing and have a lawyer check it out.
Mr. plummort Ism satisfied that the City Attorney will check it out,
Mayor Suarezt That it will affect what we want it to sffest, the purposes
that we're...
Mr. McMaster: Steil, let me very quickly get the legal down and then you tan
vote on it. I think it is necessary to point out that there were pictures of
a vacant lot neat door and they are claiming this neighborhood is run down and
all the rest of it. I'd like to include file number 11039 from the City of
Miami Solid waste Department, which shows that they this week did clean the
lot up next door. There was talk about the alley behind the building being all
mess. They have now closed the laundromat and the cafeteria that was back
there.
4
Mr. Cardenast My client doesn't own those lots.
Mr. McMaster: Exactly, you want, you need the zoning change of variance in p
` order.<.to clean.. the neighborhood up. Your, buildingis fine the way it is
What I am saying is, there are no external reasons for your variance.
Mr`. Cardenas: Of course not. The building is abandoned. - There are people,
derelicts; living.'there.
Mr.. McMaster: The building, sir, has never gotten a' Co.,,, it",is about three
years old; 4t is.not abandoned. "
t
Mr: Cardenas: 'The:building:is abandoned.
Mrs McMastery I'd also. like to indicate that within 375 feet, there are
residential` units on U.S. 1, 2890 Virginia Street and 3050 U.S:'1 south, that
are fully occupied at this point'. I' d , like to. point out that : the gentlemen
that supposed is interested,; in buying:this, building ,isn't .'even -.he re .tonight k4 R
and I'd just, like to point out that the ;applicant meets none of six criteria
the City,has laid down to qualify for a zoning change. Thank you.s
t Y� = T eni ryt�'ti�k
Mr' Plummer.:, Well, -let me;: just make.- sure : of what -,I'm saying here If they ,—
give a, voluntary,covenent...Mr ,Cardenas,. better listen! The hell with it,`I'r't'
move !to deny. Heh, .<got your. attention _'°'didn'a I?,,
sr
` Mr Cardenas: I'm _sorry Yes, si
E x;
ems' Mr. Plummer:.. Let, zee ; understand ,what we! re saying y yYou parewilling �toi
volunteer a covenant,. that. they,;will not exceed 20 employees
1rtiJr2it'W
Mr ,..Cardenas: Why don't'. you make it a' condition of avariance.,- That waq; �£'�L
r rt its iw, not met, you_ remove it. '' '-' "ra ��� ,
Mr.. Plummer: Well, condition', of - variance, _it's .. the m sae thing What I {want
to make. sure is that ou understand and :client understands that. a violatiott ,
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of that,, covenant automatically= removes .,the. variance
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s Mr.. Cardenas: That is'.correct , of the:conditionfon the variance, right`.'
Mr., have have..automticsw,stt
_..Qncela�year?.
a1 3
Mr. Plummert The story t heard before was that the roof was to be left AS a
residential structures
Mr, Cardwiast Bight and these balconies are part of that residential
ambience.
Mr. Hawkins: But residential means houses and one kitchen, one family, so
therefore, you couldn't have no more than a family in the residence.
Mr. Cardenast Might.
Mr. Dawkins: But now you are talking about, adding bodies to a work force. So
how many bodies do you want to put there?
Mr. Cardenas: That's why we want to limit the number of cars that you would
permit to 20.
Mr. Dawkins: You ever heard of people riding bicycles to work? Ruh?
Mr. Cardenas: Yes, well...
Mr. Dawkins: OK, all right, or jogging to work and changing clothes when they
get there? So limiting cars counselor, will not limit the persons.
Mr. Cardenas: But your problem is not a people problem,it's a parking
problem..
Mr. Dawkins: -It is? What is the problem with the neighbors, parking or
People?
Mr. McMaster: It's parking. It is the number of cars coming down the street,
the parking. I just think, Mr. Cardenas, at the original first reading of the
zoning, said there is no other way we can convert the top floor to office
other than getting a zoning change.Then it turns out that the variance is to
convert the top floor to office to provide the parking. The zoning change is
in order to on top of the variance, then allow them to enclose the balconies �.
and since under RO-2.1/5, you need one car per 450 square feet.and under four,
you need one car for every 400, you figure out their figures, it comes out
exactly, they use this variance for the new building. r,
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NOTE FOR THE RECORD: The Mayor announced that items past PZ-9would not be
heard -tonight. .t f'
Mayor Suarez: Anything else? The covenant -is'accepted or not accepted onk
the 'restrict ion?
f
Mr. Olmedillo:=I.just want to. put on"the record our, position was deaial
because theq don't meet the hardship question.
Mr.,McMaster: I'd 'like to apologize to the board. I asked Mr. Cardenas
.earlier in the evening to defer this and he said that -he wanted to hear. it
tonight. I'd just like to say' that this is rather ridiculous, we''ve:got a �F
brand new building which already has°two variances and we"are now back to`g3ve
it more and another rezoning.
Mayor Suarez: With the covenant proffered, you are still not in favor of it?al
Mr. McMaster: No', sir. Thank you' very."much' for hearing me: Kt e�
Mayor Suarez: OK, what is the Commissioner's pleasure on this? motions one
way or the other.
Mr. Plummer: i'11 move that we'deny the ,appeal based on the covenant that��s
will'be' proffered' and'`acce table to -the Cit Attorne`'`
y,
P P y
Mr. Cardenas: Could it be based on the condition on the variance that there
be, you know, there would be one...
Mr: Plummer: On the condition` use of the variance.
Hr. Cardenas: Right, and that two conditions the yearly - review
employee vehicles`,
4�
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dayoSuarez Oh, don't sek'i me to e;
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Mr. Dawkins: I move to hear PZ-9.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, no, absolutely not. Please sit down. PZ-7, proceed.
Mr. Olmedillo: Thank you, Mr. Mayor. Yes, it is an appeal to a decision to
deny the Zoning Board's decision on property located on 2801 NW 6th Street.
This is a parking lot which is proposed in a residential district and the
petition is a request for four variances on the same site and a special
exception to be able to locate the parking on the residential side of the
street and again, it is an appeal, we will allow the applicant, or the
appellant to come forth and present.
Mr. Plummer: You're representing the person filing the appeal?
Mr. Cardenas: Yes. For the record, my name is Al Cardenas with offices at
1221 Brickell Avenue. I am here on behalf of the appellant, Republic National
Bank, regarding the denial of their request for a special exception to permit
an adjoining lot to lots one and two, currently occupied as Republic Bank
structure for the transitional use purposes of providing parking. The
request is for obviously a special exception for that transitional use, plus
variances to ingress and egress in a residential street and two variances for
setbacks regarding the construction and design of the parking facility. Their
request for the setback variances is obvious if you look at the lot in
question. If we abide by the Code requirements, you'll only be able to fit
eight automobiles in the whole lot. I'd like to begin the presentation by
putting us in the proper perspective on this location. This bank is located
on NW 7th Street and 28th Avenue, occupying lots 1 and 2. Immediately
adjoining these lots 1 and 2 to its rear, is lot 20 and lot 20 fronts on 6th
Street and 28th Avenue. The bank has experienced a lot considerable amount of
success and that has brought growth and that has brought additional parking
requirements and it has brought a lot of traffic and automobiles to the area.
I'd like to hand out some photographs showing vehicles parking on the street
at this time, during normal business hours, which is indicative of what's
transpiring here during the daytime hours. The patrons of the bank go the
bank, there is not enough parking and then they travel throughout their
neighborhood until they find a front yard that they can park in front of and I
think these pictures which I am introducing for the record, are depictive of
the conditions which currently exist on site. This is the proposed site plan
for the parking facility. What we are proposing to do is to have one ingress
and egress on 28th Avenue, right adjacent almost, to the existing commercial
site and if you'll notice 7th Street and if you'll notice 28th Avenue, you
will find that they are both heavily traversed. As a matter of fact, I have
correspondence on record that was forwarded by the engineer or the architect
for the bank to Mr. Genuardi, the zoning director of the City of Miami,
requesting information as to whether 28th Avenue was a residential street.
Mr. Genuardi's written reply, which I will introduce for the record, was that
28th Avenue was not a residential street, because of the amount of traffic
volume that traversed through it in this area. The reason for the one ingress
and egress is obvious. That would eliminate totally the traffic that would
traverse to the more stable residential area. Number two, and most important,
the truth of the matter is, that there are a lot of patrons. There are a lot
of customers and they need parking. The reality of the situation is that that
parking currently is taking place off site in front of homes, in front of
yards, and not very in keeping with the safety standards that we like to
observe in the City of Miami. The architect, cognizant of the difficulties of
providing such a parking facility in conjunction with the residential ambience
of the neighborhood and particular with adjacent homeowners, came up with the
design that it felt was the most appropriate. As you may know, the City Code
provides, or permits one to provide a wall in these transitional uses right up
to the property boundary line, all around the property. We felt that this was
not aesthetically the best solution possible and so we decided on the east
side of the parcel to bring back the party wall, which we are proposing to be
five foot high, two and one-half feet, in order to provide landscaping buffer.
We have also...
Mr. Plummer: That's the west wall.
{
Mr. Cardenas: No, this is 28th Avenue, so this would be the east wall: •We
have also...
267 December 15, 1988 "'
Mr, Plummer: What? Where's 28th Avenue?
Mr, Cardenas: This, 28th Avenue is here.
Mr, Plummer: Yes.
Mr. Cardenas: This is the east wall, right?
Mr. Plummer: You can bet me.
Mr. Cardenas: OK, this is the west wall, OK.
Mr. Plummer: You lose.
Mr. Cardenas: We are providing for the... we have proffered to the neighbors
that we would of course, provide all the necessary landscaping on our two and
one-half foot strip and if the neighbor is desirous, we would plant on their
property as well, whatever landscaping they would desire or require and we
would obviously be more than willing to pay for that. We have also moved back
the wall from the south side of the lot seven and one-half feet in order to
provide, you know, and appropriate buffer throughout the north and eastern
parts of the lot. This way we will be able to permit approximately 20 parking
spaces on site. The important thing about this is that this parking would be
only employee parking and we are willing to have those conditions and
restrictions be part of the variance so that there will be no customer parking
in this particular lot. The other lot which is currently used by the bank
would be used exclusively by the customers, not by the employees and therefore
eliminate off -site parking totally and eliminate the traffic flow through even
this transitional use, because employees would only be coming in and out at
certain times, and that would be the least disruptive to the neighborhood.
Now, I know that the neighbors are concerned primarily about two things, the
traffic increase that this would create and two, a concern about a domino
effect of commercial intrusion into the residential neighborhood, and I
understand the concern that that would bring. Let me remind the neighbors so
that you understand that we are not requesting a zoning change to commercial
for this particular parcel, and therefore not providing a domino effect
ossibilit for commercial use This is oin to be continued to be zoned
P Y B B
residential. It will not be zoned anything but residential, however it will
be considered a transitional use to permit the parking of the bank. I also
want to present for the record a number of petitions signed by neighbors in
the immediate area as well as by employees of the bank. Those were right
here.
Mayor Suarez: Do you want to order those into the record?
Mr. Cardenas: Yes, Mr. Mayor. And these petitions that I am bringing to you
are petitions signed by a total of 165 neighbors that live in the immediate
vicinity and 209 customers that use this bank. These are original signatures
with the original addresses and I'd like to introduce these for the record.for
you. That's 365 people who use the banking facility and who live in, the
immediate neighborhood.
Mr. Plummer: May I see those please?
Mr. Cardenas: Yes, you can.
Mayor Suarez: Are any of those people here, counselor,:by:any.chance?
Mayor Suarez: The,reason I'm asking, I don't see. any green on the map. Are
these the ones that are opposed? I see about -165 red up there, but I don't,.
qw.see
any green at all.
Mrs. Kennedy: Mr. Mayor, could I see by a show of hands the people who are
opposed to this? And then the ones that are for?
Unidentified Speaker: How many are residents? How many live there?.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, we hear the comments and I guess the record may reflect°-
that some people have said that some of the people in favor are employees pf
}`
f
268 December 15, 1984.
Mr. Cardenas: Yes, the bank's branch manager, Mesiah Sanchez is here, as is
Mr. Pedro Gomez, the appraiser, who testified at the Zoning Board; regarding
the values of the properties in the area would not be detrimentally effected,
to the contrary. Also here is Dr. Renelio Carillo, a neighbor who resides in
the immediate vicinity of the bank and would like to testify in favor of our
proposal. Lastly, regarding the signed petitions, I've been assured by those
employees and agents of the bank who procure them, that they are genuine
petitions, that they have been signed by those residents and that anyone is
free to question those residents signing those petitions regarding their
authenticity.
Mayor Suarez: Does that complete your presentation?
Mr. Cardenas: Yes.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: To expedite matters, we've already heard the appellate. I'd
like to move at this time to go along with the recommendations of the
Administration and go along with the recommendations of the Zoning Department
and deny the applicant's appeal.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. That would hopefully satisfy the
opponents and not be making necessary, assuming it passes. I could tell you
that I am going to vote with the motion and it has been seconded, so unless
somebody changes their mind, it wouldn't make necessary your presentation.
Mr. Plummer: Mr. Mayor, the only question I have, there is no question that
there is a problem with parking in that neighborhood. Now, is there anything
that the bank could do to utilize that lot to help alleviate the parking
congestion that presently exists? To deny this application is fine, and I'm
in favor of that as it stands, but if there is some way ;that that lot could be
utilized for parking of the bank, if there is some acceptable way, I think it
is worth exploring.
Mr. Joe Szot:,Mr. Commissioner, my.name is Joe:Szot. I live at 3097._NW 6th
Street. The solution is. right down the, block, half a:lot away there is an
open lot , for sale on NW 7th Street. Mr. Alvarez is selling it if the bank . s
wants to know.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Szot:_ It's for sale.Now, the customer may have to walk a Tittle way,
but I think the bank doesn't want to pay commercial rates for property, that's
all it comes down to.
s;
Mr.. Plummer: Well, you see, here's -the problem., The bank doesn't .haver to, ."
OK?.:They are there where they are now perfectly legal, and they don't have to'' ,f
do it, OK? Sure. fit`
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Mr.'D. R. Borden: Commissioner Plummer, D.R. Borden, 2900 NW 7th Street. I s
was here a little over two years ago, when this Commission, against staffs'. X { s=
recommendation, gave zoning clearances to build that bank.. tsr'
s �;
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Mr. Plummer: I think I voted against it, air.
Mr. Borden: If you pull that, you will see that what they were given
variances for was, they did not have enough parking, they assured; the
Commission and staff that it was a small bank, they would never need.iiore r F
parking. You granted a variance, even gave them longer radius on drive in,:,"'
s±
'tellers so there would not be any traffic problems. It's a must.�y°
Mr. 'Plummer: That's one I voted against.
Mr. Borden;. Correct. �nl
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Mrs plus 6tt daft now, the point I'm trying to make is, they have not proffered
to use those other two lots that are there for sale. They are there legally,
We can't do anything about it. 10m baying if they own thin lot, is there any
way to the neighbors pleasing that you could take and get 20 cars off the
street, because if not, you are just leaving theca on the street. "that's all
I'm saying. If there's a way, I think it in worth exploring If there is no
way, thank you, good night, see you next year.
Mr. Fernando Renal: Fernando Renal, I live at 2810 W gth Street. The
problem is that the way that these people describe the neighborhood, it is a
run down mess, and it is not, it is a beautiful...
Mr. Plummer: Well, that's their foolish mistake.
Mr. Renal: Right, it is. If you've been there, I'm sure you have, it is
right next to St. Michaels and most of us belong to the parish and our kids go
to the school. It is a very, very nice neighborhood. Most of Miami should be
this way. It is a beautiful neighborhood, it attracts very nice people.
Everybody is very proud of this neighborhood. They are showing you some
pictures around 7th Street, and the beginning of 28th Avenue. The rest of
that, anything past, or let's say, to the south of 6th Street, is absolutely
beautiful. I would compare it with Coral Gables. Now, the thing..._
Mr. Cardenas: I agree with that. I think you have a lovely neighborhood.
Mr.`Plummer: You are not speaking to the issue. The issue is, do we have an r
opportunity to get 20 cars off of the street? Is there any way?
Mayor Suarez: If there was_a way to solve that...
Mr. Ronal There really isn't. �k.
Mr. Plummer: OK. I just thought it was worth exploring. They, own ,the
property. You could some way find it to be pleasingly landscaped to. get: 20j}^
F cars off the street to eliminate some overcrowding. If that's not possible,
" m.so-I,.tried.`
Mr. Ranal: Commissioner, let me make the point that there are schools' in`the
area. I mean, the idea would be to limit traffic totally. I mean, you `got
kids in the; park, themore , traffic ::you bring in. You know this idea of,: cars
parking in the street... There was -a Gulf station there because the bank was A
ever there.' I've been there 28 years, I like, the neighborhood,'it is sort of y
obvious I do. -And I mean, there were 'cars:parking'on the street then; there's `
cars parking there now. That's not going to change. Like I said, the yr
solution is for the bank to ,buy_the lot across the street on _7th Street, ,which,
is commercial, buy the lot and put the parking lot there.
Unidentified Speaker: May I just thank the Commissioners for g ` p y� j permittin us to 7
extend this meeting? Appreciate it.
Mayor Suarez: Momentum seems to be on your side; Al.
4 r fT
Unidentified Speaker: Thank you', that's -why -we are quitting right now Wer're z 4 �&
' taking away,, thank you very much. `k txa4L�"
Mayor Suarez Anything further? We have a motion and a second. f Call:
roll .. .... < ;. •_'r . i k*�- aF � a .t + `�� .it �'�-+ r,,� �� �'`^�
.... .. ...
Mrs,.:Kennedy',: I feel that there is no hardship,',,-tqrequest the"'v*'Ak"i"a'r'i"6e,,,I--.,,;
Appeal ,-.
by :"applicant denied s uphold* Zoning°Board's',,denial to
,;,paiking;-and''=provide
,t'allow:
passehge rZvehic leis, at,., i86 1 W., Street (Ripublid'
National 73 an i T
'41
.............
-- - - - - - - - - - -
Mr. a Olmed illo':
P Z= EVT is � separate and 6 c i a Vexception; ti`b
an a
-P
Mayor Suarez
Js; it moot.:now? qj,f,?
olmeailo
Di"Jurre: 4, 'Dawkins F
F& the, d6nial
RESOLUTION NO, 88-1215
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND DENYING THE SPECIAL EXCEPTION FROM ORDINANCE
NO, 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 20, SECTION 2018,
SUBSECTION 2018.2.1 TO ALLOW THE PARKING OF PRIVATE
PASSENGER VEHICLES FOR PROPERTY LOCATED AT 2801 NW b
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN) IN CONJUNCTION WITH THE REPUBLIC NATIONAL BANK
LOCATED AT 2800 NW 7 STREET, MIAMI, FLORIDA; ZONED RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Mr. Plummer: Bob, just for the record, let me stop you for a minute. Mr.
City Attorney, you know my business, I have no... Mrs. City Attorney, I have
no interest whatsoever in this cemetery. There only could be a conflict, in
my estimation on my behalf, and I would have to ask of the applicant a
question. If there is a proposed funeral home, now I have to ask that. If
that answer is negative, I don't think I have a conflict.
Mr. Traurig: Commissioner, in answer to your question, there is no absolutely
no funeral home here now and we will covenant that there will never be a
funeral home on this site.
Mr. Plummer: No, Bob, that was the only area that I could see that I would
have a conflict and since that is on the record, then I have no conflict that
I know of.
Ms. Miriam Maer: If there is no direct financial gain to you from this
application, there is no conflict.
Mr. Plummer: Not at all.
Mr. Traurig: I would just point out to you that the property which is known
as Flagler Memorial Park goes from 53rd Avenue to 55th Court and from West
Flagler Street to NW 3rd Street. The site which is the subject of this
hearing is in this corner of the plan, which is the southeast corner, on which
there is the objective of constructing a mausoleum. The request that you are
to consider tonight is a request for a variance for height. A mausoleum is
permitted. A mausoleum is permitted at a height of 25 feet. We initially
requested 105 feet, 6 inches in this RG-1 zone for the building on the north
side and the front building would be 71 feet, 6 inches. Subsequently at the
Zoning Board hearing, we agreed to reduce the height of the rear building, so
that what we are asking you to consider is the height of 71 feet, 6 inches.
We are not here to expand the area within which burials are permitted. We are
not here to expand the uses that are permitted.
Mayor Suarez: It's what, 70, how many feet?
Mr. Traurig: 71 feet, 6 inches.
Mayor Suarez: You might want to adjust your little drawing there. Apparently
they have given up on 105 and it is down to 71, so... oh, you've got it on the
other side. Very resourcefull OK, you came very prepared, I'm sorry.
Mrs. Kennedy: You are talking about a mausoleum that you can legally build to
25 feet, and you have gone all the way to 105 feet?
Mayor Suarez: 71, 6 inches.
Mr. Traurig: Well, we had... when the presentation is made and you can see
that what we were trying to do, was to take a what could have been a box,
that would really be...
Mrs. Kennedy: Oh, I've seen it, it's beautiful, I have no problems with that.
Mr. Traurig: Right and instead, we had requested two buildings, companion
buildings, one of which was the 71' 6" in the front. In the back was 105. It
was obvious that the 105 was a height which was unacceptable to the
neighborhood and we agreed at the Zoning Board hearing to reduce that height
to 71 feet 6 inches so that both the front and the back buildings would be the
71 feet 6 inches. It was our objective that since the cemetery is practically
out of business because it only has a two year inventory at the annual
absorption rate of 750 burials a year, that there was a critical need within
the cemetery and there is a critical need within the City of Miami for
additional burial places. Most of the burial places in the City of Miami,
because the cemeteries have been utilized over decades, have now been sold -and
utilized and if there are to be funerals within the City of Miami,. and :if
there is to be burials in an area where families are already... family members
4 are already buried, we have to find some way to increase the inventory of
;r. burial places and the way. to do that is through the mausoleum. Now we
requested in 1983... that we granted a variance to increase the height of the
mausoleum, which is on the west side, which is 55th Avenue. There was
substantial neighborhood opposition from people who, lived vest. of.,th
cemetery. Simultaneously, the cemetery had bought those lots in the.northwe4t
273 December .0, 198.
r
f ..
AV
ebrner and agreed as the result of
a covenant and at a public hearing, to
covenant against any expansion of the mau$oleum that Was on the west side and
to develop this property only with
below grade burial places so that there
would be no additional height in
an area which would be impacting the
neighborhood to the West.
Mayor Suarers Bob, one question, if
1 may interrupt you. The citizens or the
neighbors have asked a lot about the possibility that structure that you are
proposing for that corner would
instead be placed somewhere inside the
cemetery grounds. Is it...
Mr. Traurig: We tried to point out,
Mr. Mayor, both at a neighborhood meeting
and at the Zoning Board that there is
no other place at all, no other...
Mayor Suarez: Is that because of existing burial grounds that are dedicated?
Mr. Traurigi Yes, sir. All of this is existing burial grounds. We cannot
find a location to centralize, which was suggested to us by a neighbor,
because the only place within the cemetery in which there can be a structure
of any kind would be in this corner, the southeast corner of the plan, because
every other area has been completely consumed.
Mr. De Yurre: Let me ask you, if we go to that 25 foot limitation, height
limitation that you are stating that you can go ahead and build on, how many
Units are you talking about building there? - with the land that you have
Mr. Traurig: Well, we have several thousand burrial places is at stake and we
would like not to refer to money, but it is to burrial places.
Mr. De Yurre: Well, it converts into money real quick. OK, go ahead.
Mr. Traurig: Mr. Vice Mayor, the issues here, whether are not the City of
Miami wants to encourage additional burials within the City, or to force the
burials to be in places that are more distant from the residents of the City,
which would therefore be in the remote areas of Dade County. The issues from
a zoning standpoint, with regard to the height issue, which is the only zoning
issue involved, is whether or not we have shown hardship. We have shown
hardship. The height, according to staff, and according to our neighbors, is
excessive and will impact the surrounding residential area. Our position is
not only is the site of the mausoleum surrounded by open space and the only
location within the cemetery which could possibly be utilized, but that this
is the only land on Flagler Street between Le Jeune Road and Red Road on which
there are height limitations.
Mrs. Kennedy: That's right, the property is zoned RG-1/3, which means that
the...
Mr. Traurig: Zoned RG-1, yes, Ma'am.
Mrs. Kennedy: Excuse me, that the height limitation is the same as that for a
single family residence.
Mr. Traurig: That's correct and no portion of this has been used for single
family purposes and therefore to impose upon this site, which is a cemetery,
the regulations that were intended to be utilized to create conformity within
a single family neighborhood, we think is an arbitrary imposition of height
regulations when you consider that the height that could be achieved, and we
show you through a presentation of a show of... it is a video, what do you
call it?
Mayor Suarez: Technical term.
Mr. Traurig: At any rate, it is going to be a video show that is rather
technical in which you can see the super imposition on the cemetery site of
the buildings that are being proposed and the buildings that could be built on
the south side of Flagler Street or up and down Flagler Street because there
are no height limitations elsewhere. Now, we would say to you that this is a
unique area and we think that to limit the utilization to the 25 feet, when
all the properties around us are permitted to have no height limitations, that
that is not a self imposed hardship. It is an arbitrary height limitation and
it wasn't to afford us special privileges that we are asking for this, because
we are only asking for the same privilege which is enjoyed by all other
Flagler Street property owners between Le Jeune and Douglas. Not only is
there no public detriment. We believe that this is a public service to
increase the inventory of burial places within the City of Miami. As we
pointed out to you, there is no other location that we could possibly utilize.
Now, the neighbors have expressed concern about the proximity of this facility
to their homes. We would point out to you that we are 450 feet from the
nearest home on the east side on 53rd Avenue and we are 950 feet from 55
Court, which is the equivalent of three football fields with end zones from
any residents to the west of us. What they have also said is that they are
concerned about not only the height but the psychological impact of having a
mausoleum in this community, in this neighborhood. Number one, there is a
mausoleum there. Number two, we feel that the design of this mausoleum, which
is cathedral like, is a positive thing for this community. It is not the kind
of a box, a rectangular box...
Mayor Suarez: I have to admit that of all the elements of the proposal, the
�. only one that I agree with is the beauty of the design. That's not going to
a lead me to vote for it or anything like that, but it's a beautiful design.
Now, the fact that my brother works for that architectural firm should not be
interpreted... yes, it might bias me a little bit, but I don't think he worked
on the drawings.
Mr. Traurig; Well, let me point out to you, Mr. Mayor, in view of that .fact
that the objective here is not to substantially increase the height, -:but - to .
increase the availability of burial places. The objective of the applicant
�i
,t
275 December 15, igo¢
r
was to develop a design that would be more in keeping with the religious
feeling as you enter a chapel in a mausoleum where you are praying for your
loved one there and the mausoleum that we have created, or designed..:
Mayor Suarez: That's the most creative argument in favor of the height
variance that I've heard in three years of being here.
Mrs. Kennedy: No, if it would be in the middle of the cemetery, then it
would be wonderful, but it's in the corner.
Mayor Suarez: And I have to say that, not to contradict, but you've made it
sound like the entire cemetery is surrounded by zoning and properties that
have no height restrictions as...
Mr. Traurig: That's correct, sir.
Mayor Suarez: ... we are trying to impose, and actually three-quarters of it,
all except for Flagler do have a 25 foot height restriction and zoned duplex
just about all the way around.
Mr. Traurig: But we are on the corner of Flagler Street and the only property
on Flagler Street on which this regulation has been imposed is our property.
We could build this monolithic box. Instead we have taken the ends of the box
and placed them on top of the middle, and we have achieved move height. We've
_ taken three 25 foot segments, added them together and now have a 75 foot
height, actually a 71 foot 6 inch height. We think that that's a design which
is beneficial to the neighborhood, rather than to impose, as I indicated to
you, this monolithic box on the neighborhood. But, let us show you our
architectural presentation and for that purpose, I would like to introduce Mr.
Vera who will describe what has been planned and why this plan is beneficial
to the neighborhood.
Mr: Rodriguez: There are other properties along Flagler Street that have also
height limitations, so no, your statement is not correct.
Mr. Dawkins: OK, thank you.
Mr. Traurig: May i inquire of Mr. Rodriguez:..
Mr. Rodriguez: Yes, Mr. Olmedillo is going to cover that, he is looking at
the map,
Mayor Suarez: Right, he is going to inquire...
Mr. Traurig: All the CR parking has unlimited height and all the RG parking
except this property has unlimited height, as I understand it,
Mayor Suarez: All the RG parking, is that what you are saying?
Mr. Traurig: All the RG property.
Mayor Suarez: Oh.
Mr. Olmedillo: There's a property.
Mayor Suarez: What is the height limitation on RG-3/5, the denial?
Mr. Olmedillo: The sector 5 doesn't have height limitations but the statement
I think was addressing the entirety of Flagler Street from...
Mayor Suarez: Sure, if you go all the way around the periphery most of the
peripheries surrounded by property that is zoned duplex, I gather, right? -
Mrs. Kennedy: That's right.
Mr. Olmedillo: But this particular one 'fronting on Flagler Street-, the _
statement was made that this `is" the only property,'which" doesn't °have."a'
height... which does have a height limitation'
Mayor Suarez`: "0h, fronting on Flagler now*. Niow we are -talking"< about.
fronting on Flagler.
Mr. Olmedillo: There is another property between 40th and 41st, but"besides
that, your -statement is correct,but there is another property, there is
another entire block from 40 to,41st`which has a height limitation the same''.as.
this, but the rest of the length of Flagler Street is unlimited.
Mr. Traurig: I have to comment that we made the statement very clearly from
Le Jeune Road to Douglas Road, I mean from Le Jeune Road to Red Road, there
was no similar height limitation and you've just confirmed that.
Mr. Olmedillo:' That will be correct. The only explanation besides that I can,
give is that all RG-1/3's do have 25 foot height limitations.`
Mayor Suarez: Oh, and I forgot to say something for my own consideration'of'
all this, since I was just looking at Henry Flagler Elementary. My -other
brother is the principal of that school, I got brothers all over the place
here. (APPLAUSE) I don't usually allow clapping, but you can clap for George
because he's.. >;R
Mr. Dawkins: Just go ahead.d.
Mayor Suarez: He doesn't have an intereat'in'this-except whatI's good for the"',f
kids, I guess:
Mr. Traurig: May I introduce Ray Vera who will make the technical"
presentation of what's being proposed.
Mr; Ray Vera: My name is Ray Vera with offices at 55 Almeria," Coral Gables.'":
If' I could direct your attention to the screen" on' the far"rightwhat we are Yr.41
going to attempt to show you is a computer generated model of the facility;'
" that is beingproposed for this articular site. The first hoto ra h'u on P P P P B P P
the screen is an aerial photograph of the existing site of the cemetery as
t
277 Decembex
exists today. You can see that the existing office buildings are on the
corner where the mausoleum site is proposed. The entrance to the cemetery
will not be modified or remain on Flager Street, therefore not generating any
more traffic along the neighborhood. The interior circulation within the
cemetery is going to be improved by completing the loop road so that parking
and access to the burial sites is improved. You can see also from the corner
where the project is proposed to the nearest house to the east, which is
beyond the elementary school, that's the one that is about 450 feet away. To
the west of the cemetery, the residences can barely be seen among the trees
and that's about 950 feet away. Next slide, please. This is a view of the
proposed project. Obviously the drawings still shows the higher tower on the
back, the 105 foot structure on the back. If we were to reduce that structure
to be the same as the lower structures, you would see its impact. You know,
the main thing in this whole design concept has been to understand the quality
of the scale that is represented by the proposed project. It is our intent to
have the facility be cathedral like, to be gothic in its architectural style.
Gothic architecture is very vertical architecture, but its basis are very
emotional and charismatic and very intricate in detailing. The materials that
we are proposing for the the facade of the building will be basically stone
with copper roofs. Next slide, please. Next slide, Ray. This is a view of
Flagler Street looking towards the west. We're standing on the east side,
basically across the street from the school. The site for the project is
right about the center of this light, and now we are about to see what the
project will look like once it is completed.
Mrs. Kennedy: Let the record reflect that this is a computerized gadget that
we purchased today.
Mayor Suarez: Please, please! I gather the computerized visualization
technique may be having the opposite effect of what it was intended to.
Mrs. Kennedy: We're going to have it now in the City.
Mr. Vega: Well I think you can see what the landscaping does. The trees that
are being proposed are being shown on this computer model are simply a
projection of the existing trees that are on the opposite side of the cemetery
site. And the palm trees that you see behind those trees are 45 foot palms.
Again, the tower, I guess you have to use your imagination a little bit and
shorten it by two stories to make it look like what we are now proposing.
Next slide, Ray. This a view looking in the opposite direction and you will
see again what the structure will appear like once it's constructed. Again,
you see the landscaping coming across the front of the structure and the palms
and again we attempt to make it more catherdral like as opposed to a plain
gray box that most people associate with this building type. Next slide.
Again, this is an aerial view of the site and you are seeing it now as it
presently exists and Bob referred to the fact that the buildings or the
properties all along Flagler Street in the vicinity of the site have the
ability to build to unlimited heights. There are other zoning requirements
that would limit their building volumn, but you will see what they would look
like if those sites are developed. This is another view of the project site
and again keep in mind that the buildings along the left side of this slide
could be constructed to a height of 15, 20 stories, as they please and our
proposed project is to be in scale with that as well as an attempt to keep it
in scale with the residential neighborhood. And I think this will conclude
our technical presentation for the moment. If you have any questions, I'll be
happy to answer.
Mrs. Kennedy: Bob, is there any. way that we can defer this item? Is there
any other compromise that you can work out with the neighbors?
Mr. Traurig: Well, if the neighbors are... if you are suggesting. that we
should talk to the neighbors about a further reduction of height, or other,
neighborhood compromises, we would be very happy to do that.
f'
Mrs. Kennedy: That's exactly what I mean.
"p
3
Mr. Traurig: We have voluntarily reduced the height from 105 feet 6 inches to
�
r't
the 70 plus feet. We thought that by doing that we had recognized
.the
concerns of the neighbors. If the neighbors would like to to have a further
dialogue with us, we would be very happy to do that.
Mrs. Kennedy: You don't want that?
i h
�qq
i
278 December
11;�+.
f
Mr, Dawkinst You know, I think that it is up to the neighbors, but late
realite... I mean, I'm with the neighbors, 1 want you to understand that, but
you have to realite that they can put a 25 foot building there now.
Unidentified Speaker: Let thew do it!
Mr. Dawkins: And they can put something there that you don't like, just to
spite, OK? All right, listen to me now, listen to me, please? They have a
right to put a 25 story building there. They have also have a right to
construct it like they want, which will be an eyesore that you don't want,
see?
Mrs. Kennedy: Right.
Mr. Dawkins: So now, I think personally that one more meeting, because you
may not change your mind, they may not change theirs, see?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please.
Mr. Dawkins: But one more meeting to try to come to a meeting of the minds,
OK? - because you see, I know you are not going to change your mind, OK? I
have no problem with that, see, but some of you may decide that I don't want
the monstrosity that he could put there, so I think that I am going to make
some concessions, if he makes some concessions to make it aesthetically
beautiful for the area and still, I mean, I don't live there, OK? But I'm
just going to say that I would perhaps give up ten more stories, I'm just
saying me, to 35, not no 75 one, see, in order not to have the monstrosity,
but if you don't, then he is going to put what he can put there and you ,may...
OK, let him put it there, OK, no problem!
Ms. Marta Sanchez: Mr. Dawkins.
Mr'. Dawkins: Yes, Ma'am.,`° r
Ms. Sanchez: One question.
-Mayor Suarez: Give us your name 'before you: speak, :please.
Ms'. Sanchez: My name is Marta Sanchez, I live at 330,NW 53rd Avenue. Mr., fr
f
Dawkins, we were convened to the school back in July' when we were informed z .
'about this project. Not too many'people';'showed up;: -however, ;one of. the ;things
that hurt the neighborhood the most was the fact that when the lawyer went to
the board, he used the things that we told him against us, and that :was x-6;
r,.. very.. -,that hurt.us. ,t
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b
Mr. Dawkins: Uh huh, OK, I have.,..-^x
Ms. Sanchez:" They were -not negotiating at Ghat tima. They .were,.not trgingw,. ;
5 i
Mr.' Dawkins: Not in good faith, huh?
�R '.Mr. Sanchez: ... to be doing something in favor of the neighborhood.
Mr. Dawkins: In other words, what they did, they came' to you- .and asked you
wanted and then went up and built_ up a defense against what, you; wanted
that what you're saying?
t
t Ms. Sanchez: That's the way they didthings. :" N;
rx_
Mr. Dawkins: I was just trying to reach a happy solution here, I mean.'.'. _
r' Ms. *Maria Leon: My name 'is .Maria 'Leon,;' I live 402 NW, 55 Court, We all hsxe
^� know that they have the right to build 25 feet...
s Mt:.' Dawkins: No, 25 stories..
Ma. Leon$ 25 feet.
lr,"Plummaert �Fset.::
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- `- .. , -:. .. ,'' ^, ,4_xs.•. _ , _ . _3 W.. ��t`e �. v,.<.4}�. '4i? r-+:+4k�fi...�.rS.i6»t4'-E�r T'�� _
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Mayor Suareat Feet, feet.
Mr. Dawkins: 25 feet?
Mrs. Kennedy: No, no, feet.
Ms. Leone 25 feet.
Mr. Dawkins: 25 feet, OK?
Ms. Leon: Height.
Mr. Dawkins: OK.
Ms. Leon: OK, and that's what we want. About what they can do there, we
already have mausoleums 29 feet tall, OK?
Mrs. Kennedy: So you are more concerned about the height than about the
aesthetics. You don't even want to consider...
Ms. Leon: We don't want to consider anything more than 25 feet. That's the
right to do it.
Mrs. Kennedy: Regardless of what it looks...
Ms. Leon: Regardless to anything. If they want to build right now on that
corner what they already have in 55th Court and 4th Street, fine with us, but
we don't want anything taller than that.
Mrs.. Kennedy: Let me ask you something else. What is one more meeting with
them.going-to do?
Ms. Leon: One more meeting... we have come to here,` let me tell you
something. This is Christmas time; right? I'work in'the retail store and;1 .
,a had to ask for the day off today. I can lose my job for this. We have . to
move our neighborhood, do you know how many. times we've come in front of the
Zoning Board? - three times. This is the -'fourth time that we have come for 4
this. We want to settle this right now. We cannot afford to be, every time
that they wish to apply for something to come over' -here again.
fc
Mrs. Kennedy% Hey;-I'm''with you.• r
Ms Leon: I. mean, '.they ,only have to bring .their 'lawyers; that's it. We have
to come here too.
4
Mrs. Kennedy: That's fine, you answered my question.
Mayor Suarez: OK, unless any Commissioner has any other avenue or solution to
explore, I would entertain a motion to deny the application. Please, please{
And Bob, I don't know if you have to... I'm saying this so that we don't have
. ' to hear from all the objectors unless I'm misunderstanding the Commission, I�X
don't think this is going to be approved, so Bob, did you want to... �£f,
t Mrs. Kennedy: No, you're on the right tract.
A
Mr. Traurig: Well, I want to say that the first meeting was at the Flagler
Elementary School and we are 1 prepared, you know, the suggestion of both
rY t �g
. Commissioner Dawkins and Commissioner Kennedy to meet again at the school, not
to ra uest that'the o out of their nei hborhood, so we'll be ha to meet
9 y', 8 8 ppy
y at the school and .have a,youknow, free and _frank discussion.
�+ Ms Leon: Sir, what you are trying....f�,"•
�k Mayor Sua =s �g rez: Wait, let him finish, let him finish. OK, it's...
f • Ms. Leon:- Are you; finished• -.already? -' OK, what you are trying to.�: do is mare L.a
your: business as big as possible, 'OK? Because to; help the:, community tpone of rt�
N� the things you are going to build are going to be free,' so.,we want to defend
Vv-
our neighborhood. We don't want anything more than 25 feet tall;;..
Mayor Suarezt OK, you've made that pretty clear.
•"tL{il fir. k .. f Fi�� + r� Yw �l
280 Aeoamb4r �5; 1 ��t.r
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tx�,a3 7rd. ,� zr
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Met Lebw And everybody is thinking the eaMe way -
Mayor §uarett piea$e, pleasei you have mottenturn on your side. I'll entertain
a motion to deny the application►.
Mr. Le Yurre: Let the just make a statement, because he just trade one which I
think is valid. They are trying to maximize their busineas and_do it in a way
that appeases the neighborhood and yet, we are not getting anything in return.
Ara you getting anything in return?
Mr. Leont No, air.
g}'
Mr. be Yurres Anybody here getting anything n return?
Mr. Leont Our property values are going to go down. ?+
Mr. De Yurre: OK. G+
Unidentified Speaker No. lil Is the City getting anything in return? For the
mausoleum? Do they collect taxes on a mausoleum? }"
4g:
Unidentified Speaker No. 2: They lay taxes on me. 3.
4 �kS
Mayor Suarez: Well yes, -this-property I think does pay taxes. I inquired
about that before. There is another one that doesn't, but this one I believe
does.
l
INAUDIBLE BACKGROUNDCOMMENTS` NOT ENTERED INTO THE PUBLIC RECORD -
Mayor. Suarez: Wait, wait, we were just answering that one .question to
clarify,,- please,'thatls all. It was his,question. Mr. Vice Mayor._
Mr. De Yurre: We are talking about not getting anything in .return. My �f .<
feeling is that they- want, -they are in a position to give. What we can
extract from them,;I don't know. Don't shake your head, because if they offer, r.x-S
everybody=hare'.$1,000,000 you ;are* not. going to be shaking -.your head for too 'r =
long, OK? Let's'Ibe,:realistic,about.,this ,:OK?
Unidentified Speaker No. 1 Mr. Vice Mayor, oh, excuse me. t Fs
Mr. De Yurre: If, and I'm just throwing it out:, I'm ready to vote against it tz,
Now,' thing , is whether' it "is worth it to give it. one more `:shot to see""`what=F � 9,,
.. :.rip ivf 6b.N
4 ' the community can gain from it for our children; for . our families wt k y+ Nf 5
f u u3 MI.
' MS. Leon Two mausoleums?.
F Mr.' De Yurre No, how about a youth center
Ms Leon No
T *'
k Mr be Yurre: You don't like youth centers
} Ms. , ,:Leong,,We:,don't want to: gain anything. At ,this tithe we want the rf'
Commission to, make.. i motion because ,Oe. don, t�:wattt:_ to -,come. back ,for :the; same„ xt a
thing.again and;I m talking�in behalf of all the neighbors. (APPLAUSE) ^?fi'
+ � h
Mr. De" Yurre: . OK, -I move -:to deny..
' Mayor Suarez: So moved. x
,.,
S }J t S e `i r.,
Mrs: Kennedy: ►Second.
1,MR.
4t i h'r
"fir ', , t Mayor Suarez:' Seconded, Any d scut3aioa? Calf' �hadxoll. L f 'env` F4
�.. aas r�.,
1.
' Ms. Leont.. Thank you, sir,
k tw
Suarez: Please, please, .wp havewt Balled the roll or aAytiOg� ';xa,�
3
Tha following resolution aas ittroduced by Cofoiti►issioner ba yrga, do
moored its adoption:
RESOLUTION NO. 88-1916
A RESOLUTION AFFIRMING THE DENIAL OF A VARIANCE FROM
ORDINANCE No. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF SIX, "MAXIMUM HEIGHT", TO ALLOW
THE CONSTRUCTION OF A MAUSOLEUM 10516" IN HEIGHT (25'
f.
MAXIMUM HEIGHT ALLOWED) FOR THE PROPERTY LOCATED AT
S301 WEST FLAGLER STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL
RESIDENTIAL (ONE AND TWO FAMILY).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) y
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
<t
NOES None.
ABSENT: None.
Mayor Suarez: Bye bye.
----------------------------------------------
NOTE FOR THE RECORD:. AT, THIS POINT,. THE ',CITY COMISSION ry
TEMPORARILY 'DEFERS -CONSIDERATION OF PLANNING<AND`ZONING,ITEMS TO
RESUME CONSIDERATION OF THE REGULAR AGENDA.
' -
f
--------- ------------- ---------- -----------------------
66. RINGLING BROTHERS CIRCUS: Authorize street closures and establish area. '
3 to keep` and stage circus.- animals and staff, subject to required 3t,'
permits. event to be held at the Miami Arena December 27, 1988 through r
' January 10,: 1989.
1---------------------�--------------------------------
Mrs'. Kennedy: Mr. Mayor, real quick, this is a pocket item that I need to;
bring, the Ringling Brothers, coming to Miami after 30 years and it's going to 'y
beheld at the Miami Arena. We need to close some streets so they can store;
the elephants and the animals. K`
s AT THIS POINT COMMISSIONER KENNEDY, READS RESOLUTION' INTO THE, 3
PUBLIC RECORD. SEE R88-1217 HEREINBELOW. 7b�y W
I so move. "d,
;. '.,Mayor Suarez:: Does, the City Manager and Attorney and, so, on...
THERE IS A SHORT PAUSE WHILE CHAMBERS ARE VACATED FROM PREVIOUS
ITEM. -
'
Mr. Plummer: Second; "�F vti
Mr. Dawkins. Second what?
f' Mr, Plummer: On Ringling Brothers Barnum and Bailey. rx
Mrs. Kennedy : 9K,' Madam City Clerk, will you: please pall_
a 282 p�cp�bo5► `y"
c.
Mayor Suarez: On the closure of streets for the Mingling Brothers. Mr.
Assistant City Manager, are we OK on that?
Mr. Rodriguez: Yes, we recommend approval.
Mayor Suarez: OK, call the roll.
No. Hirai: Excuse me, Mr. Mayor, what am I calling the roll on? I couldn't
hear.
Mayor Suarezi Call the roll, please.
Ms. Hirai: On, what? I'm sorry.
Mayor Suarez: It's the motion incorporating... it is for Ringling Brothers to 4
have a performance at Miami Arena and it needs some streets closed. I think
the motion is understood by staff.
tiz
Ms. Hirai: OK.
Mayor Suarez: Call the roll on it.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoptions
RESOLUTION NO. 88-1217
A RESOLUTION CONCERNING THE RINGLING BROTHERS CIRCUS
WHICH WILL BE HELD AT THE MIAMI ARENA DURING DECEMBER
27, 1988 THROUGH JANUARY 10, 1989, AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC, ESTABLISHING AN AREA TO KEEP AND STAGE CIRCUS
ANIMALS AND STAFF SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE RESCUE AND
INSPECTON SERVICES AND THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND
UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES. IL
j;.
(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: s
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
E. Mayor Xavier L. Suarez:
NOES: None.
ABSENT: None. r ''
---------------- ------------
----- ---- ---^-- --
87. Declare as Category "A" surplus stock 22 pieces of equipment to be
donated to the Government of the Republic of Haiti: �}?
------ -- — --------
Mr. Dawkins: Mr.'Mayor, I have one here, a resolution.- You know, we donated rakN
22 vehicles to Haiti and Haiti wants to pay for the repair. ';` I make a motion { �x.
that we accept the '$67,000 and put it in a fund to pay for the repairs as they
are done before we'ship 'the vehicles down there: f �c
f Mr: Plummer: Second. n"x}
INAUDIBLE BACKGROUND COMMENTS NOT EN RED INTO.THE PUBLIC RECORD;;;�
Mr. Dawkinat Right.
Mayor guarett Moved and seconded, any discussion?
Call the roil.
The following resolution was introduced by Commissioner
moved its tdoptiont
"SOLUTION NO. 88"1218
Dawkins who
A RESOLUTION DECLARING CATEGORY OAO SURPLUS STOCK THE
TWENTY-TWO (22) PIECES or EQUIPMENT APPEARING ON THE
ATTACHED SCHEDULE AND DONATING THE SAME, AFTER THE
rsXECUTIOIN OF THE APPROPRIATE RELEASE DOCUMENTS, TO
THE GOVERNMENT OF THE REPUBLIC OF HAITI.
(Here follows body of resolution, omitted here and 01%
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following votes
AYES- Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
— -------------------------
88. EMERGENCY ORDINANCE: --------- — ------
Amend Sect. 51 of.,.; 10484.increasing
-
appropriations for special programs and, accounts-t, orepair,,. sur,pus.Citq
-equipment donated to the Government of Hai
49 -
.1 - — — -- — - — ------------------- -----
. ,�,i.*,'��._
Mr. Dawkins: OK, here is an emergency ordinanceHereyou read it hero.
is -yours. an on on that was
omp o-
ight. This is an c t resolution Bob Clark: All r
just adopted with respect to the Haitian.,
THEREUPON,INTO THEPU
BLIC I
THE CITY ATTORNEY. READ THE ORDINANCE UBLIC
RECORD, BY TITLE ONLY. try
Mayok Suarez: Call the roll.
x
motion, Mr Mayor..
Hirai: Need 9
Mr. Plummer: So moved.
Dawkins: '." Second.
conded.' Call the roll,'
S e Moved and so
ayor uar z.
'ANORDINANCE ENTITLED-
C is
AN EMERGENCY ORDINANCE 'AMENDINGSECTOINI
:ORDINANCE NO. 10484,,. ADOPTED SEPTEMBER: 27 1988
'ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL. YEAR
f,rEMBER 30, 1989; BY INCREASING THE,
ENDING SEPT
PROGRAMS AND ACCOUNTS IN.
APPROPRIATIONS FOR SPECIAL
REVENUES IN
THE AMOUNT OF $67,500 AND BY INCRESING, A.
ti LIKE AMOUNT FROM THE GOVERNMENT OF HAITI9 FOR THE
`
P
OFMIAMIEQUIPMENT , �EQUI rk
PURPOSE OF REPAIRING SURPLUS CITY�
zyrr WHICH IS DONATED TO THE GOVERNMENT OF
'
-
CONTAINING A REPEALER PROVISION AND.. A SAVERABILITY
C
-4 1
`P114"z9 A
ry
84
'j,
Was introduced by Coffnissioner Plummer and seconded by +Cotmeiss otter
Dawkins, for adoption as an sthergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following votet
AYESt Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vita Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBSt None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded`
by Commissioner Dawkins, adopted said ordinance by the following voter
AYES: Commissioner J. L. .Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES. None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10532.
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.
------- --------------------- ----- r}u
89. Approve donation of. 75 ,bicycles impounded. by Police Dept to Centro'
Mate Catholic community services to be given to children °as holiday
presents.'
�.— --- — ------ ---- ---- — ----------------------------
Mayor Suarez: I was asked to. do' thison' an' emergency basis, which, is the, s y�
approval of a donation of '75 bicycles currently. impounded by the Police Y x
Department to bedonated to Centro Mater Catholic:Community Services. �+
h
ur Mr. , Dawkins: So moved."
f
Mr. Plummer: Second. �s
r Mayor Suarez: These .bicycles will. be given to children` as holiday
Christmas presents, whatever the law allows us to.'say. Moved and seconded; 4 4>>a,
call the roll.
4 � �
r The. following resolution was. introduced by Commissioner Dawkins, who'
r,
moved its; adoption: t�
{
RESOLUTION N0. 88-1219: xF _
s
J "'.
F A RESOLUTION DECLARING,75 BICYCLES CURRENTLY IMPOUNDED.,,
BY THE POLICE DEPARTMENT AS CATEGORY "A" STOCK AND
APPROVING THEIR DISTRIBUTION AS HOLIDAY GIFTS TO
} ' CHILDREN THROUGH THE CENTRO HATER CATHOLIC COMMUNITY
SERVICES. nks °Fr �
jri` L dYfi "`lr-tJr'�
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) : " x N
d(t i } aryx 3 aq
}`rsr Upon being seconded by Commissioner Plummer; the ,resolution, �aq pass dk��
s„ and:, adopted by the following votes
1�,
cj
st asY i
S
Mr.
SEE
Mrs,
Plummer: . tuuMmizzuvvnx ri.urmnn nzamo rumov-w-L—..,,
R88-1220.HEREINBELOW)
Kennedy:
Second. ,
Commissioner J. L. Plummer, Jr;>
'"YY.'y{iYii{i�i:YYfiiGl�iiG�.itY.i'L"iCtc�fiwl�iLYGGiGYGi�.T.Y.�Y4IYYWfi�Y.fiLYGiriGiiGtiCii�iY.3LLLiCNf...i.iiiiLiTrGiG�GGYc�1Y:6Fi.iiilG�:'iGYGiiiitEtaiY:t{acrF.iW
9 . 1080 COORS MOTOR SPECTACULAR* Eatablish special charges for use of
Orange $owl Stadium by United Sports of America, Inc. for preaentation
of the event - authorize agreement with United Sports of America, ine,
—cciY.r.YibiiriiwJG-ai.iLii.LY.i..icaL
;N
Mr. Plummer: (COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD,
SEE R-88-1221 HEREINBELOW.) I so :Hove.
ors
Mr. De Yurre: Second.
Mayor Suarez: So moved and seconded. Any discussion?
4.
Mr. Dawkins: And we will sell beer.
1
Mayor Suarez: Call the roll:
The following resolution was introduced by Commissioner Plummer,who
moved its ado tion:
p
RESOLUTION NO. 88-1221�
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL a'
CHARGES TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY UNITED SPORTS OF AMERICA, INC.
FOR THE PRESENTATION OF THE 1989 COORS MOTOR
SPECTACULAR AT SAID STADIUM ON JANUARY 7, 1989;z
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND UNITED SPORTS OF AMERICA, INC. Y
4 �
` (Here follows body of resolution, omitted here and'on
' M ,k ,
K file ins the Office of the City Clerk.)
Upon being seconded by Co mmissioner.De.Yurre,"the resolution was passed
r , ,
and adopted by'the following vote:
l J 1{
AYES• Commissioner J. L. Plummer, Jr. c try 4a
Commissioner Rosario Kennedy �`p{
Y
Commissioner Miller J.' Dawkins 4X r
Vice: Mayor `Victor'De *Yurre
Mayor Xavier L. Suarez
y NOES None.
�srp
ABSENT: None.
— — — — — — — — — — — — — — — — — — — — — — — - --
r NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION
t,{ TEMPORARILY :DEFERS;- CONSIDERATION OF REGULAR AGENDA "ITEMS
' CONSIDER ITEMS ON THE PLANNING AND ZONING: AGENDA.
-
�.� .• e ry 4.. r 1(Hc b��gJ� �
x t 1
0
--rr—a—rr—a—
r—rrrYrr----------irrrarr..rr—err--r—rrrrrrr�.r�.ra+.�+r—rrrrrrrr.rrrr
r—r.—
02, FIRST READING ORDINANCE, Amend Code Chapter 14 ("Downtown
Developmentt) - add new Art. IV entitled "Regulations Affecting
Development within the Downtown and Southeast Overtown/Park West
Developments of Regional Impact" - provide for general intent,
definitions, procedures, etc.
------------------------------- r------ ----------------------------------------
Mayor Suarez: Was there a zoning item that had to be passed on first reading?
Mr. Rodriguez: PZ-13.
Mayor Suarez: OK, PZ-13, Commissioners. It has to be passed on first
reading.
Mr. Dawkins: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Call the roll.
Mr. Plummer: What is PZ-137
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Oh, OK.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 14, ENTITLED "DOWNTOWN
DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY ADDING A NEW ARTICLE IV,
ENTITLED "REGULATIONS AFFECTING DEVELOPMENT WITHIN THE
DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS
OF REGIONAL IMPACT"; PROVIDING FOR; GENERAL INTENT;
DEFINITIONS, PROCEDURES AND TIME LIMITS FOR
RESERVATION OF DEVELOPMENT CREDITS; REALLOCATION OF
EXPIRED OR RESCINDED CREDITS; EFFECT OF PLAN CHANGES;
AND APPEAL PROCEDURES, PROVIDING FOR ENVIRONMENTAL AND
TRAFFIC RELATED REGULATIONS RELATIVE TO NEW
z
DEVELOPMENT AND PROVIDING FOR ENFORCEMENT.
t'•Y
Ya
Was introduced by Commissioner Dawkins and seconded by Commissioner De
Yurre _and was passed on its first reading by title by the following vote:
`
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J.-Dawkins
i'-
Vice Mayor Victor De Yurre
q
r
Mayor Xavier L. Suarez
�
s
NOES: None.
-
r re F
.,•
ABSENT: None.
#
The- City Attorney, read the ordinance _into :the public =record and, h'
announced.that copies were available to the members of the City Commission.,and is
to the public.
rx
--------------------------------------- -- -----------a
"
NOTE :FOR THE RECORD: AT'THIS POINT, THE.CITY- COMMISSION DEFERS
x
2
CONSIDERATION OF PLANNING AND ZONING ITEMS TO;.RESUME:CONSIDERATION
OF-THE,REGULAR.AGENDA.
' ^
.
J
—r--ar --a r-ra--- —.� —a — ----- ---- -- — a —J..
s lx ttz3x
fY7�.
fy�t'
1
v
t
�r
200 Dacombar 5.,
r
1L
gg
I (
f
S IFa4 Sr -,f
M t
1)f.jkcueai6n concerning prior requests by Commissioner Plummer of the
Administration to be informed in connection with the folowinge3
Complaint received by him in connection with a S-lawyer o�fice heated
at S. Bayshore Drive between Mercy Hospital and Dinner Key, and Chi
Request of the Administration to institute a procedure whereby if
conditions of zoning decisions were not applied that the issue
immediately be brought back for Commission review.
.. _ _...----------------------- ---y--__=y_��.��....�.L=�..�..WL���L��.���
Mr. Plummer: Mr. Mayor.
:K
Mayor Suarez: Yes.
n
Mr: Plummer: I'm asking the Administration to handle by memo two items, one
for two months ago I asked about a complaint received in my office, three A
lawyers offices existing on South Bayshore Drive, :between Mercy Hospital and
Dinner Key.
.,.' Mr. Rodriguez: That complaint has been sent already to the Building and;
Zoning Department and...
Mr. Plummer: It's two months!
Mr. Rodriguez: That was received ,two weeks ago and we have ;been looking at`.
1 �
it.
Mr. Plummer: The other one I'm asking about, is we. asked the Planning' ',r+
.'Department to instigate the normai;procedures that ,a change of zoning was not
done and it 'said it was within a one year pulling :a permit, that it would,..
an automatic review for reverting back. Where is that? r`
K4
Mr. Rodriguez: I believe you have an opinion from the Law Department on.that
Mr. :Plummer: I haven't seen .'it k ` ,
Mrs. Kenne%dy: I haven't` seen it m"{,
r b?�
= Mr Rodriguez. I may be wrong
7, Mr. Joe Mc Manus We'll take it up:
Mr Rodriguez We'.11 bring it` back:
a +
Mr. " Mc " Manus : We'' 11 recopy and send it m
Mrs: Kennedy: OK, another thing that we have 'to bring back is item 19. ,
4l i ijt 153. I e1'hf N,
' t Mayor Suarez: If I hear: one more time instigate legal proceedings, I: goiagr b�d
.A. �k4'
to kill someone. "h
,�e�",Z ti .
N
Mrs: Kennedy: Item 19 we are going to revisit the police testing Remember
t {� s
19.in today
agenda this morning? x �
Mr."Fernandez: Yes. thy,
n t Mrs. Kennedy: We were going,;to .bring it back and there, is uQ tune for that
so lots:make.-sure that we have it .in January
' We 11 . bring : it J
Mr`Rodriguez anuary 26th. t s,Y
.
t'�'ftyx r — — — — — — — — — — — ---� >•. t_ x 3hy,4� -
FOR THE �RECQRD At thip p0nt, Commissi 'n L " naedy -'re
ends item 19 be brought pack for tha'meeting presently sche,* ed
/Q F M
fox January 26, 1489
1
uma Noru Dtranmss 20 ctilm won m c
CITY OF MIAMI
DOCUMENT INDEX
DECEMBER 15, 1988
ma"rm QATE
PAGE 1 OF
BARRY UNIVERSITY SCHOOL OF PODIATRIC
MEDICINE: DONATE 50 PAIR OF DISCARDED
FIRE FIGHTER SAFETY SHOES TO THE
HOMELESS THROUGH THE UNIVERSITY.
ALLOCATE $3,200. FOR ACQUISITION OF 2
TOSHIBA T1000 PORT ABLE LAPTOP COMPUTERS
FOR USE BY MOBILE COMMAND POSTS.
ACCEPT BID: DEI/CD, INC. FOR FURNISHING
OFFICE SYSTEMS FURNITURE. AND
REBURBISHING EXISTING FURNITURE TO FIRE
DEPT.
ACCEPT ;BID: MOTOROLA, INC. FOR
FURNISHING TWO RADIO CONSOLETTES FOR
FIRE DEPTO.
ACCEPT BID: BEAM RADIO, INC FOR
FURNISHING 20 HEADSET MICROPHONES FOR
FIRE DEPT.
ACCEPT -.BID: VENTURE ENTERPRISE D/B/A.
JOSEPH D. VENTURA AND ASSOCIATES FOR
FURNISHING TWO POLYGRAPH INSTRUMENTS
FOR POLICE DEPARTMENT.
ACCEPT BID: GOLDEN EAGLE CONSTRUCTION
MANAGEMENT AND ROOFING CORP. FQR.FIRE
STATION NO. 9 REROOFING 1988.
METRO -TECH EQUIPMENT CORPORATION:
APPROVE PURCHASEOF OF 3 STREET _SWEEPERS
UNDER EXISTING CITY OF CORAL GABLES BID
N0, 87-306 FOR G.S.A. DEPARTMENT.
AUTHORIZE LEASE PURCHASE OF 1 B-38
MONOCHROME,TERMINALS.FOR 5 YEARS FOR
_-
PUBLIC WORKS DEPARTMENT.
=1
AUTHORIZE LEASE AGREEMENT WITH DADE.
COUNTY.FOR USE AND .00CUPANCY UF.OFFICE
SPACE IN METRO JUSTICE .BUILDING: FOR.
-'
MIAMI POLICE DEPARTMENT LIAI30N
={
PROGRAM.
JOHN E. REID AND ASSOCIATES, INC.:
-'
EXECUTE PROFESSIONAL SERVICES AGREEMENT`
FOR PROVISION OF INTERVIEWING AND
INTERROGATION TECHNIQUES SEMINAR FOR
�l
si
POLICE DEPT.
-f
1 ,r
f
•k
1j
.. ' ..
h ay.... z1x .r. J.;?Tt.°#42s«!i. i.s,rsr.ti . , , u 9... k za .s,4 i r'rrs 47i :. ,. '
88-1140
88-1141
D.E. GIDI AND ASSOCIATES, INC.:
AUTHORIZE INCREASE IN CONTRACT FOR THE
JAPANESE GARDENS RENOVATION.
RETRE;VAL CODE NO.
88-1151
IMAGE NETWORK: EXECUTE AGREEMENT TO
PROVIDE MARKETING TOOL FOR THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT. 88-1152
MIAMI TELE—COMMUNICATIONS, INC.:
APPROVE REDUCTION IN CABLE TELEVISION
SECURITY FUND. 88-1153
WYNWOOD TARGET AREA: DESIGNATE PORTION
FORMALLY KNOWN AS "THE GREAT
NEIGHBORHOOD" AS "OLD SAN JUAN". 88-1154
CORRECT SCRIVENER'S ERROR: AMEND 1 OF
R-88-1060 WHICH APPOINTED A MEMBER TO
THE BOARD OF THE CITY OF MIAMI FIRE
FIGHTERS; AND POLICE OFFICERS'
RETIREMENT TRUST TO REFLECT A CORRECTED
TERM OF OFFICE. 88-1155
THREE KINGS DAY PARADE: AUTHORIZE
STREET CLOSURES AND ESTABLISH AN AREA
PROHIBITED TO RETAIL PEDDLERS.`` 88-1156'
KING ORANGE BOWL -JAMBOREE PARADE:
AUTHORIZE STREET CLOSURES, ESTABLISH A
PEDESTRIAN MALL AND AN AREA PROHIBITED
TO RETAIL PEDDLERS: 88-1157
}F
ACCEPT BIDS: R.B. GROVE, INC. AND
MURRAY ELECTRIC, INC. FOR FURNISHING
AND INSTALLATION OF AN UNINTERRUPTABLE
POWER SYSTEM FOR'ADMINISTRATION BUILD—
ING. 88-1159..
MARILYN P. HETT AND PEGGY L. DEMON: r
ENTER INTO AGREEMENT REGARDING VISIONS
2000 PROJECT. 88-1160 t',
K r
5
BELAFONTE TACOLCY CENTER', INC.: f°#z{
APPROPRIATE $91,000.'FOR OPERATION OF s
THEIR SPORTS DEVELOPMENT PROGRAM.
EDWARD WARONKER PROPERTY CONSULTANT
INC. AND GENE KELLY, APPRAISAL FIRST,
INC. RATIFY ACCEPTANCE OF PROPOSAL
FOR'APPRAISAL OF EASTERMOST PORTION}2
OF MUNICIPAL SHOP TRACT (SOUTHWEST
CORNER OF N.W. 20TH STREET AND lOTH
AVENUE)'. 88 1162 u «.,
M$
�� � '" 1r k{'' � ✓ ' t4 r,'^�.'�M'"x t�,ys } : teY .; ,e xti ?, ,:.7.,, it .,a'3h�
--
0
DOCUMENT INDEX
3
Ahm._ cw .
•
DOCUMENT CeNTOVATIOM!
RETRE:VAL CODE NO.
WAITERS RACE/TASTE OF THE GROVE:
AUTHORIZE STREET CLOSURES, SALE OF BEER
AND WINE, AND ESTABLISH AN AREA
PROHIBITED TO PEDDLERS.
88-1165
ORANGE BOW a, CLASSIC FOOTBALL GAME:
WAIVE CITY'S RIGHT TO REVENUES FROM
SALE OF BEER AND ALCOHOLIC BEVERAGES IN
THE ORANGE BOWL STADIUM.
88-1166
WAIVE CODE PROHIBITION AGAINST
APPEARANCE OF FORMER CITY EMPLOYEE
CHRISTOPHER G. "KORGE OF HOLLAND AND
KNIGHT.
88-1168
SHELTER ADVERTISING OF AMERICA,
INC.: ACCEPT PROPOSAL FOR INSTALLATION
OF BUS SHELTERS.
88-1169
JOSE MARTI PARADE: AUTHORIZE STREET
CLOSURES, AS REQUESTED BY BIPRISA,
SUBJECT TO APPROPRIATE PERMITS.
88-1170
EXECUTE AGREEMENT WITH POSITIVE
THOUGHT ENTERPRISES, INC..TO PROVIDE
MANAGEMENT AND PROFESSIONALISM TRAINING.
88-1172
SUPER, BOWL EXTRAVAGANZA: DESIGNATE
JANUARY 200 1989 AS ONE OF THE 30'DAYS
RESERVED BY THE CITY FOR.USE OF
BAYFRONT PARK IN CONNECTION WITH THE
EVENT.
88-1177
GRANT $50,000.00 TO THE SUPER BOWL
COMMITTEE TO COVER RENTAL FEES FOR
USE OF MIAMI CONVENTION CENTER BY.
THE NATIONAL FOOTBALL LEAGUE
(JANUARY 22, 1989 EVENT).
88�1178
ALLOCATE $200,000. FROM CITYIS SINGLE
FAMILY REHABILITATION PROGRAM TO MIAMI
CAPITAL DEVELOPMENT�INCj PROVIDE
LOAN-gUNDS TO SMALL AND/OR THE
DISADVANTAGED CONTRACTORS INVOLVED
IN DEVELOPMENT OF HOUSING IN THE
OVERTOWN/PARK WEST.
88-1179
s
CITY OF MIAMI GENERAL EMPLOYEES' AND
'
SANITATION EMPLOYEES' RETIREMENT TRUST:
'.
i
APPOINT JACK RABUN AND GARY SHART�ZER.
88-11$0
"CITY' OF' MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST:
APPOINT ROSE GORDON AND SIMON FERRO.
'
CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES'" RETIREMENT TRUST:
'
APPOINT T.W. FAIR AND BETTY MCKNIGHT.
8$^1� ,2 1}-
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DOCUMENT INDEX
Ma4..OF.�
RMEVAL CODE NO.
ATHALIE RANGE PARK POOL REPLACEMENT
PROJECT: WAIVE,FORMAL COMPETITIVE
SEALED BID PROCEDURES FOR CONSTRUCTION
OF POOL RATIFY MANAGER FINDING OF
EMERGENCY. AUTHORIZE ACCEPTANCE OF
LOWEST RESPONSIBLE BID. 88,,1184
MANUEL ARTIME COMMUNITY CENTER:
AUTHORIZE ADMINISTRATION TO SPEND
$200,000 FRANT FOR RENOVATION PROJECT
OR THE RENOVATION OF THE CENTER
AUTHORIZE INCREASE IN CONTRACT WITH
MCM. 88-1186
VERNON QUINN AND VERONIA GREEN:
AUTHORIZE INITIATION OF LEGAL
PROCEEDINGS TO RECOVER LOAN FUNDS
RECEIVED BY SAID INDIVIDUALS THROUGH
THE MODEL CITY SMALL BUSINESS
DEVELOPMENT PILOT LOAN PROGRAM. 88-1187
AUTHORIZE EXPENDITURE OF $468,617. BY
THE DEPT. OF .COMPUTERS FROM'THE CURRENT
YEAR'S APPROPRIATION TO COVER JANUARY
1989. 88-1188..
RATIFY MANAGER'S FINDING.OF.EMERGENCY
TO LEASE 110 PAGERS TO..BE::USED:_BY THE s'
,.POLICE DEPT. APPROVE ISSUANCE OF
EMERBENCY. PURCHASE, ORDER . TO JEL-CAR
CORP. 88-118.9
GROVITES. UNITED TO SURVIVE, INC.: i
EXECUTE AGREEMENT FOR USE BY ::THE, CITY
OF OFFICE SPACE, AT 3686 GRAND AVENUE -.
AT NO COST IN RENT._
ENT. 88-11190
as
ACCEPT.BID,.FROM TREE MASTERS, INC.
FOR DMOLITION SERVICES TO -THE BUILDING tr
& ZONING.,DEPT. (NOTE: THIS ALLOCATION
WILL COVER THE DEMOLITION SERVICES
.REGARDING PROPERTY AT 20 SAMANA DRIVE). 4 88 1191 lr
ACCEPT BID: LA MAR CONSTRUCTION FOR fQ
Lxa
PROTOTYPICAL HOUSING WYNWOOD
SCATTERED . SITE HOUSING CONSTRUCTION
OF TWO SINGLE FAMILY HOMES TO BE
XY
DEVELOPED AT.49 NW 35TH_STREET-IN
` WYNWOOD. 88 i19
DR, MARTIN. I,UTHER KING JR . PARADE
ALLOCATE $4,500. IN SUPPORT OF PARADE,
SCHEDULED FOR JANUARY 16,. 1989.
AUTHORIZE STREET CLOSURES, ESTABLISHrXp
PEDESTRIAN MALL, ETC. 88-1
3�
lj
11
DOCUMENT INDEX
LATIN CHAMBER OF COMMERCE. PROGRAM OF
BEAUTIFICATION OF FLAGLER STREET
FACADES. GRANT STREET CLOSURES,
PERMISSION TO SELL BEER, RESTRICT
RETAIL PEDDLERS, ETC.
COCONUT GROVE COMMUNITY DEVELOPMENT
TARGET AREA. AUTHORIZE ACQUISITION OF
ONE PARCEL TO BE USED FOR DEVELOPMENT
OF LOW AND MODERATE INCOME HOUSING
AUTHORIZE CITY ATTORNEY TO CLOSE ON
SUBJECT PARCEL
RETR1 VAL CODE NO.
88-1194
88-1195
ALLAPATTAH COMMUNITY DEVELOPMENT TARGET
AREA: AUTHORIZE ACQUISITION OF TWO
PARCELS TO BE USED FOR DEVELOPMENT OF
LOW AND MODERATE INCOME HOUSING
AUTHORIZE CITY ATTORNEY TO PROCEED TO
CLOSE ON SUBJECT PARCELS.
88-1196
EXERCISE RENTAL OPTION ON LOAN
AGREEMENT WITH COCONUT GROVE BANK FOR
OFFICE SPACE IN THEIR BUILDING AT 2701
S. BAYSHORE DRIVE.
88-1197
APPROVE DECLARATION OF TRUST IF
THE INTERNATIONAL CITY MANAGEMENT
ASSOCIATION (ICMA) RETIREMENT
TRUST. AUTHORIZE MANAGER TO EXECUTE
TRUST AGREEMENT REGARDING TO ,THE
CITY EMPLOYEE ICMA DEFERRED
COMPENSATION PROGRAM. DESIGNATE
CITY LABOR RELATIONS OFFICER AS
COORDINATOR OF THE PLAN.
88-1198
ACCEPT BID: GREATER MIAMI CATERERS,
INC. FOR FURNISHING MEALS FOR 6 DAY
CARE CENTERS AND ONE PRESCHOOL CENTER..
FOR THE PARK DEPARTMENT.
88-1199
ORANGE BOWL CLASSIC FOOTBALL GAME:
EXECUTE AGREEMENT WITH.PROFESSIONAL
CONCESSIONS, INC, FOR SALE OF
AUTHORIZED NOVELTY AND SOUVENIR
88 12Q0
MERCHANDISE.
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MIAMI, WATERFRONT ADVISORY BOARD
APPOINTMENTS'.' APPOINTED WERE: JOS.E
s
LUIS,,JOHN,.A. BRENNAN AND DOVA CAUTHEN.:
88^1201`'
ti 1.. '4S FR
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DOCUMENT INDEX
PAW. of
ZONING BOARD APPOINTMENTS: APPOINTED
WERE: ELBA MORALES AND GEORGE E.
BARKET.
R "WAL CODE .
88-1202
PLANNING ADVISORY BOARD APPOINTMENTS:
APPOINTED WERE: ELADIO ARMESTO«GARCIA
88-1203
AND RAYMOND G. ASMAR.
-
CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD APPOINTMENT: APPOINTED
$8_1204"
WAS NORA MURRELL.
CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD. CONFIRM SELECTION OF
BARGAINING GROUPS AND APPOINT THE
FOLLOWING INDIVIDUALS: CAPT. WILLIAM
_
BRYSON (FIRE, ROBERT CUMMINGS)
(SANITATION) ROBERT MACK (GENERAL
EMPLOYEES) AND SGT. J,J, WILLIAMS
88-1205
(POLICE).
PRIVATE INDUSTRY COUNCIL OF SOUTH
FLORIDA (PIC) APPOINTMENT: APPOINTED.
88_1206
WAS TITO GOMEZ.
SUNSHINE STATE'GOLDEN GLOVES BOXING
TOURNAMENT: ALLOCATE $13,300,IN
SUPPORT OF EVENT TO BE HELD AT THE
88-1207"
ORANGE BOWL.
MIAMI COMPREHENSIVE.NEIGHBORHOOD.PLAN
1989-2000: CONTINUE PUBLIC HEARING
88-1211
DATES FOR CONSIDERATION OF PLAN.
=_
GRANT APPEAL BY PLANNING DEPARTMENT.
-
MODIFY DECISION OF HERITAGE-
CONSERVATION BOARD AUTHORIZING A
CERTIFICATE OF APPROVAL FOR THE REMOVAL
_
�+
OF BLACK OLIVE TREES AND BANYAN TREES
®'
(CORAL WAY AND SW 33RD AVENUE).
APPROVE REQUEST FOR TRAFFIC SIGNAL AND
LEFT TURN STORAGE LANE.ACCEPT OFFER
OF APPLICANT (FORT SCHOENBERG
PROPERTIES INC.,) T0; DONATE MONIES TO
_{
URBAN LEAGUE AND PROJECT RAP. (MIRACLE
rf
88�1212i
CENTER PROJECT) .
,� z
APPEAL BY OBJECTOR,DENID. UPHOLD
ZONING BOARDS APPROVAL OF VARIANCE TO
z
ALLOW CONVERSION OF PORTION OF EXISTING.--
..........5 r
OFFICE BUILDING AT. 2900 BRIDGEPORT:;
y:
88�1213 ,<
AVENUE.
S�
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DOCUMENT INDEX
APPEAL BY APPLICANT DENIED, ZONING
BOARD UPHELD IN ITS DENIAL OF VARIANCE
TO ALLOW CONSTRUCTION OF PARKING LOT
FOR PRIVATE PASSENGER VEHICLES FOR
REPUBLIC NATIONAL BANK AT 2801 NW 6TH
STREET.
waa., ow,_..,.
RETRIEVAL CODE NO.
88-1214
APPEAL BY APPLICANT DENIED. UPHOLD
ZONING BOARD'S DENIAL TO ALLOW PARKING
AND PROVIDE PASSENGER VEHICLES AT 2801
NW. 6TH STREET (REPUBLIC NATIONAL BANK). 88-1215
APPEAL BY APPLICANT DENIED. UPHOLD
ZONING BOARD'S DENIAL OF VARIANCE TO
ALLOW CONSTRUCTION OF A MAUSOLEUM
EXCEEDING MAXIMUM HEIGHT ALLOWED AT
5301 WEST FLAGLER MEMORIAL PARK
CEMENTERY. 88-1216
RINGLIN BROTHERS CIRCUS: AUTHORIZE
STREET CLOSURES AND ESTABLISH AREA TO
KEEP AND STAGE CIRCUS ANIMALS AND
STAFF, SUBJECT TO REQUIRED PERMITS
EVENT TO BE HELD AT THE MIAMI ARENA
DECEMBER 27, 1988 THROUGH JANUARY 10,
1989. 88-1217
DECLARE AS CATEGORY "A" SURPLUS STOCK
22 PIECES OF EQUIPMENT TO BE DONATED TO
THE GOVERNMENT OF THE REPUBLIC OF
HAITI, 88-1218
APPROVE DONATION OF 75 BICYCLES
i IMPOUNDED BY POLICE DEPARTMENT TO
CENTRO MATER CATHOLIC COMMUNITY SERVICES
TO BE GIVEN TO CHILDREN AS HOLIDAY
_ PRESENTS. 88-1219.
ORANGE BOWL CLASSIC FOOTBALL GAME:
DESIGNATE CERTAIN AREAS WITHIN WHICH,-,;'
VENDOR'S LICENSES SHALL.NOT BE
APPLICABLE FROM 12:00 NOON ON JANUARY
2, 1989 THROUGH 2:00 A.M, JANUARY 3,
1989. 88-1220
1989 COORS MOTOR SPECTACULAR:{
ESTABLISH SPECIAL CHARGES FOR USE OFf
ORANGE BOWL STADIUM BY UNITED SPORTS OF mot:
AMERICA, INC. FOR PRESENTATION OF THE uUr
EVENT. AUTHORIZE AGREEMENT WITH UNITED;: t
SPORTS OF AMERICA, INC. 88-121 k
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