HomeMy WebLinkAboutCC 1988-09-27 MinutesCITY OF MIAMI
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pWIN6 KU (N September 27, 1988
(PLANNING 6 ZONING)
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Pw pmo sy Tw OFFICE OF THE CITY CLERK
CITY HALL
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City Ciesk ,,
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MINUTSS OF RIGULAR MEETING
CITT COMMISSION OF MIAMI, FLORIDA
SIPTINSER 27, 1989
ITXM SVBJXCT LEGISLATION PAG!
NO. NO.
1. CONSENT AGENDA: Brief discussion and DISCUSSION 1
momentary deferral (see label 2) 9/27/88
1.1
CHANGE OF MEETING DATE IN OCTOBER:
R 88-834
1-4
First meeting in October to take place
9/27/88
on October 6, 1988.
2.1
DOWNTOWN DEVELOPMENT AUTHORITY:
R 86-835
4-5
Authorise transfer of $250,000 from
9/27/88
General Fund as advance payment of ad
valorem proceeds to be received from
Dade County.
2.2
CLAIM SETTLEMENT: Geneva Harris, Aaron
R 88-836
5
C. Rolle, Derrick S. Rolle and Glendora
9/27/88
D. Rolle ($150,000).
2.3
ORANGE BLOSSOM CLASSIC FOOTBALL GAME:
R 88-837
5
Execute agreement with Florida A&M
9/27/86
University for use of Orange Bovl
Stadium.
2.4
DANVILLE-FINDORFF, INC.: Reduce
R 88-838
6
retainage in contract for construction
9/27/68
of Bayfront Park Redevelopment - Phase
III.
2.5
ACCEPT FEDERAL HISTORIC PRESERVATION
R 68-839
6
GRANT-IN-AID: Execute agreement with
9/27/88
Florida Department of State, Division
of Historical Resources.
E
2.6
REHABILITATION HOUSING PROGRAM: Accept
R 88-840
6
annual contributions contract
9/27/88
($567,000) under U.S. Dept. of Housing
b Urban Development Sec. 8 Moderate
Rehabilitation Housing Program.
3.
COLLECTIVE BARGAINING AGREEMENT WITH
R 88-841
6-9
INTERNATIONAL ASSOCIATION OF
9/27/88
FIREFIGHTERS, LOCAL S87: Authorize City
Manager to enter into said agreement
(October 1, 1987 through September 30,
1990).
4.
CHANGE OF MEETING DATES FOR NOVEMBER:
R 88-642
9-11
Reschedule meetings to take place on
9/27/88
November 3 and 17, 1988.
5.
DOWNTOWN DEVELOPMENT AUTHORITY BOARD:
R 88-643
11-12
Appoint individuals to serve on said
M 88-843.1
Board. (Appointed were: Parker
9/27/68
Thomson, Phillip Blumberg, Miguel
Braslaysky, Anthony Jackson, Raphael
Kapustin, Henry Salum, Adolfo
Henrigues, Vincent McGhee and Zahid
Raulavi.)
q_
G.
MIAMI MENTAL KEALTH CENTER FaND-RAISING
R 88-844
13-15
CONCERT: Grant $9,630 to Zx-Presos T
9127/86
Coubstientes Politicos Cubanos to cover
rental and support services for use of
the Miami Convention Center.
7.
1988 ORANGE BLOSSOM CLASSIC AND
M 88-845
15-26
FESTIVAL: Grant additional funds for
9/27/89
operations in connection with event
scheduled for October 1-8, 1988.
•.
FOURTH ANNUAL OKTODEMST: Discussion
DISCUSSION
26-28
and temporary deferral of request
9/27/86
received from Friends of Germany (see
label 10).
9.
CHANGE OF MEETING DATES FOR DECEMBER-
R 88-646
28-29
Both meetings to take place on December
9/27/88
is, 1966.
10.
FOURTH ANNUAL OKTOBERFEST: (Continued
R 68-847
29-31
discussion) - Grant request received
9/27/68
from Friends of Germany for sale of
beer and vine (see label 8).
11.
HISPANIC HERITAGE FESTIVAL: Establish
R 88-848
31-32
area prohibited to retail peddlers
9/27/88
during event to be held October 9,
1988.
12.
S-K RUN/WALK "FOR THE HEALTH OF IT":
R 88-849
32-33
Approve use of streets and
9/27/88
thoroughfares in Coconut Grove.
13.
RFP FOR FULL SERVICE MARINA AT DINNER
M 88-850
33-46
KEY: Authorise City Manager to approve
9/27/88
RFP containing minimum outlined
criteria.
14.
COMMUNITY BASED RESIDENTIAL FACILITY AT
DISCUSSION
46-47
3838 N. BATSHORE DRIVE: Continue to
9/27/88
November 17, 1988, consideration of
appeal by objector protesting approval
and special exception and variance to
alloy operation of said CBRF.
15.
SECOND READING ORDINANCE: Amend toning
ORDINANCE
47-46
atlas by applying Section 1610 HC-1 at
10460
approximately 819 NW 2nd Avenue (Lyric
9/27/88
Theater).
16.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
48-49
atlas by applying Section 1610 HC-1 at
10461
approximately 300 NE let Avenue (U.S.
9/27/88
Post Office and Courthouse).
17.
SECOND READING ORDINANCE: Amend zoning
ORDINANCE
50-51
atlas by applying Section 1610 HC-1 at
10482
approximately 245 NW 8th Street
9/27/88
(Greater Bethel A.M.E. Church)
Is.
FIRST READING ORDINANCE: Rand zoning
ORDINANCE
51-52
atlas by applying Section 1601 HC-1 at
first reading
approximately 2167 S. Bayshore Drive
9/27/88
(Villa Woodbine).
19.
Discuss and continue proposed first
M 88-851
reading ordinance to amend zoning atlas
9/27168
at approximately 111 WE 2nd Avenue
(Congress Building) until final
judgement is entered by the Court as to
true ownership of the building.
20.
Discuss and continue consideration of
DISCUSSION
66-67
appeal by applicant (Albert C. Hergert)
9/27/88
of denial of variance to allow existing
second story addition at 465 HE 55
Terrace.
21.
Discussion and withdrawal by applicant
DISCUSSION
67
(Marta Luz Gordon) of request for
9/27/68
amendment to Miami Comprehensive
Neighborhood Plan by changing land use
designation at approximately 51 SW
LeJeune Road.
22.
DENY REQUEST by applicant (Angel
M 88-652
68-69
Alduncin) for zoning atlas amendment at
9/27/89
approximately 1805 SW 32nd Avenue.
23.
FIRST READING ORDINANCE: Amend Miami
ORDINANCE
69-78
Comprehensive Neighborhood Plan -
first reading
change designation at approximately
9/27/68
2101 NW 19th Terrace from Moderate
Density to Moderate -High Density
Residential. (Applicants: Moises 6
Florence Bichachi).
24.
FIRST READING ORDINANCE: Amend zoning
ORDINANCE
78
atlas at approximately 2101 NW 19th
first reading
Terrace from RG-2/4 to RG-2/5.
9/27/88
(Applicants: Moises & Florence
Bichachi).
2S. ZONING APPLICATIONS TO CONTAIN DISCUSSION 79
HOMEOWNER'S NAME AND ADDRESS: Direct 9/27/86
Administration to ensure that all
applications bear such information.
26.
FIRST READING ORDINANCE Amend zoning
ORDINANCE
79-80
atlas at approximately 5135-5175 NW 7th
first reading
Street (General Antonio Maceo Park)
9/27/88
from RG-3/6 to PR Parks and Recreation.
27.
BAYSIDE SPECIALTY CENTER MAJOR USE
DISCUSSION
80-81
SPECIAL PERMIT: Continue consideration
9/27/68
of request to amend said permit to the
October meeting.
28.
1111 BRICKELL AVENUE DRI: Approve
R 68-853
81-83
preliminary development agreement
9/27/83
between Florida Department of Community
Affairs, 1111 Brickell Associates
Limited and the City of Miami
concerning said DRI.
29.
APPROVE MODIFICATION of EXISTING
R 88-854
•3-85
RESTRICTIVE COVENANTS regarding
9/27/88
property ow ad by Leonard A. Ralby and
Ralby-Allen Real Estate Partnership at
approximately 2606, 2612, 2620 and 2630
•V 28th Street.
C
30.
RESTRICTION OF VEHICULAR TRAFFIC IN
M 68-835
85-87
NORTH COCONUT GROVE: Authorize
9127/88
Administration to expand $S,000 for
proposed restriction at seven specific
locations.
31.
MIRACLE CENTER: Amend Major Use
R 88-656
87-92
Special Permit at approximately
9/27/80
3301-3501 Coral Way.
32.
DECLARE SIX SURPLUS POLICE PATROL
R 68-657
92-93
MOTORCYCLES AS CATEGORY "A" SURPLUS
9/27/68
STOCKS Donate to Santo Domingo, Sister
City in the Dominican Republic.
33.
SECOND ANNUAL NATIONAL HISPANIC UNITED-
M 88-858
93-95
IN-LAW ENFORCEMENT CONFERENCE:
9/27/88
Authorize waiver of fee regarding use
of a City facility on November 19,
1968.
34.
COMMITTEE TO STUDY SPECIAL EVENTS IN
DISCUSSION
95-97
THE GROVE: Discussion re appointments.
9/27/86
(Nominated were: Michael Smyser, Pinky
Sands and Richie Chimelis. Pending
still is nomination to be made by Vice
Mayor Kennedy.
35.
(A)SECOND PUBLIC HEARING ON FY 189
M 88-659
97-126
BUDGET. (B) GRANT RECOMMENDATION FROM
M 88-860
CONSTRUCTION INDUSTRY ADVISORY BOARD:
9/27/88
Set aside $200.000 to hire five
additional highly specialized
Individuals to expedite processing and
approval of plans in the Building and
Zoning Dept. (C) POLICE ACADEMY
GRADUATES: Direct City Attorney to
draft legislation to ensure that they
be required to remain in the City's
employ for a minimum number of years
from date of hire.
36.
SECOND READING ORDINANCE: Define and
ORDINANCE
126-128
designate territorial limits of the
10483
City of Miami for purposes of taxation,
9/27/88
fixing millage and levying taxes for FY
ending September 30, 1989.
37.
SECOND READING ORDINANCE: Make
ORDINANCE
126-131
appropriations for City of Miami for FY
10484
ending September 30, 1989.
9/27/86
38.
AUTHORIZE DEPARTMENT OF COMPUTERS to
M 88-861
131-132
expand monies from total annual budget
9/27/88
only on a factioned appropriation basis
of one -twelfth per month until said
dept. completes computerization of
Dept. of Personnel.
39.
DOWNTOWN DEVELOPMENT AUTHORITYs
M 88-862
132-143
Discussion concerning proposed millage
9/27/88
rate and adopted tentative budget for
DDA.
40.
SECOND READING ORDINANCE: Define and
ORDINANCE
143-144
designate territorial limits of the
10485
Downtown Development District - fixing
9/27/04
millage and levying taxes for !Y
beginning October 1, 1988.
41. SECOND READING ORDINAACE: Make ORDINANCE 145
appropriations for Downtown Development 10496
Authority for FT ending September 30, 9/27198
1989.
42. PANCOAST, SADAO AND FULLER, AND ED R 86-663 140-147
MRIGMTt Authorise settlement agreement 9/27/86
negotiated re Sayfront Park
Redevelopment Project.
43. A. MIAMI SPORTS AND EXHIBITION R 88-664 147-179
AUTHORITY: Discussion regarding R 88-865
approval of Supplemental Administration 9/27/88
Budget for FY 197/86.
S. Approve 1/12 of the Sports and
Exhibition Authority Budget for FY
11988-1989.
C. Approve Supplemental Administration
Budget of Miami Sports and Exhibition
Authority for FT 187/68.
44. A. Grant appeal by objector R 86-866 179-192
(Coconut Grove Civic Club) and M 68-867
reverse Zoning Board's approval 9/27/86
of variance to permit extension
of existing dock at 3590 Crystal
View Court (Owner: Jeffrey
Tardiff, M.D.) S. Instruct
administration to make a study on
present citywide requirements
regarding length of docks.
45. "ACT FOR BETTER CHILD CARE (ABC)" BILL: R 68-868 192-193
Urge immediate adoption of Federal 9/27/68
legislation strengthening State's
authority in licensing/regulation of
individuals providing child care
services.
46. SATFRONT PARK TRUST: Direct City M 88-869 193-194
Manager to allocate one-tvelfth funding 9/27/88
of FY 187/88 budget for said Trust
during October, until preparation of FY
'89 budget is completed.
47. Continue all scheduled agenda items not M 88-870 195
taken up on this date to the meeting 9/27/86
presently scheduled for October 27,
1988.
0 t 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of September, 1988, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 1:11 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clark
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. CONSENT AGENDA: Brief discussion and momentary deferral (see label 2)
------------------------------------------------------------------------------
Mayor Suarez: The first eight items constitute the Consent Agenda and I'd
like to ask the Commissioners to pull out any items, if they have any. As to
those of you in the audience, the first eight items will be voted
collectively, as part of the Consent Agenda. If you'd like any of those items
to be considered separately, please approach the microphone and so indicate.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Beautiful. Let the record reflect that no one stepped forward.
Mrs. Kennedy: I don't have any to pull.
Mayor Suarez: Commissioner, do you want to pull any?
Mr. Dawkins: Yes.
Mayor Suarez: From one to eight.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
1.1 CHANGE OF MEETING DATE IN OCTOBER: First meeting in October to take
place on October 6, 1988.
Mayor Suarez: Are we OK on dates for further Commission meetings, while
Commissioner Dawkins looks for items that he wants to pull? Miller, you
wanted one not to be done on a particular date?
Mr. Dawkins: Give us the date there ... (INAUDIBLE) ...
Mayor Suarez: OK, which is the date as now presently planned that you don't
want in October, right? Was it in October that you didn't want?
Mr. Dawkins: Yes, October and ... (INAUDIBLE)...
V
0 Ai
Mayor Suarez: The one you want to change is the 27th, right?
Mr. Dawkins: Tea.
Mayor Suarez: OK, and that's a Thursday as always.
(INAUDIBLE STATEMENT)
Mayor Suarez: Why are you saying that we have the 6th and the 12th.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: How can we change it to the 6th of October?
UNIDENTIFIED SPEAKER: Yes.
Mayor Suarez: The 6th and the 13th, you mean?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, 13th is not available for you then? So, we've got to
change both of them, is what you are telling us.
Mr. Plummer: I've got a problem on the 13th.
Mayor Suarez: OK, so we've got to change both, but he's got a problem on the
27th, so we've got to reschedule both of them, OK. Please, everyone, try to
come up with dates that are open.
Mr. Plummer: Could we do 6 and 207
Mayor Suarez: Want to try 6 and 20th? Does that sound good?
Mrs. Kennedy: I'll need to check with my office.
Mr. Plummer: Wait a minute. Can they check... Mr. Manager, have we got
advertising time to change the meeting of the 13th to the 6th?
Mr. Odio: I'm told by Aurelio this morning that today is the last day that we
can do it.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Are you listening to the dates?
Mayor Suarez: We can't do it on the 6th, that's too soon?
Mr. Plummer: The proposal right now is to change the 13th and the 27th to the
6th and the 20th. Can we do that?
Mayor Suarez: The meeting of the 13th would be on the 6th. Is that OK?
Mr. Odio: No problem.
Mayor Suarez: OK, the meeting of the 27th will be on the 20th?
Mrs. Kennedy: Let see just check that.
Mr. Odio: NO, on the 12th.
Mr. Plummer: No, on the 20th.
Mrs. Kennedy: The 20th.
Mr. Odlo: On the 20th of October?
Mr. Plumsar: Yes.
Mr. Odio: Commissioner Dawkins won't be here.
Mr. Plummer: No, Dawkins, you got a problem on the 20th?
2
Mayor Suarez: Remember, we've got to reschedule two in October.
Mr. Dawkins: The 20th, we won't be here?
Mrs. Kennedy: 6th and the 12th.
Mayor Suarez, OK, the 6th for the first one is good?
Mr. Odio: Yea, but the second...
Mr. Plummr: Fine with me.
Mayor Suarez: OK, I'll entertain a notion on October 6th for the first
meeting in October, is that OK?
Mrs. Kennedy: The 6th?
Mayor Suarez: Yea.
Mr. Dawkins: So moved.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on that
one.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 68-834
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION METING IN OCTOBER, 1968 TO TAKE PLACE ON
OCTOBER 6, 1988, COMMENCING AT 9:00 A.M.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: You guys are going quite far away on the 8th. You're really
far away to the other side of the globe.
Mr. Odio: Really far away, ask Miller.
Mayor Suarez: Promise to stay away for...
Mr. Odio: For about...
Mayor Suarez: A few extra weeks?
Mr. Odio: A long time.
Mr.
Plummo r:
How about the lath?... 6th and llth?
J
Mrs.
Kennedy:
How about llth of October?
Mr.
Dawkins:
Any day is good up until the lath for me.
�c
Mayor tuares:
Hov about inatead of that, Commiaaioser,
the
lath?
Va sx
3_¢.
.
0
Mr. Odio: Why don't you have both meetings on the 6th?
Mayor Suarez: J.L., how about...
Mr. Plummer: Oh, I would love to do that if the agendas are not too big.
Mr. Odio: I reviewed the agenda this morning, and you could have both
meetings on the 6th, if you wanted to.
Mrs. Kennedy: That would be ideal.
Mayor Suarez: We'll probably end up doing that as we usually do in December,
and possibly...
Mr. Plummer: That's fine, if the agendas are not too heavy, would be fine
with me.
Mr. Odio: I'd like to try that.
Mayor Suarez: As always, we try to stick to the 9:00 p.m. Do you still want
to stick to 9:00 p.m. on those days?
Mr. Dawkins: Yes.
Mr. Odio: I reviewed the agenda this morning and we just don't have that many
items. I don't know about the Planning and Zoning.
Mayor Suarez: For which? For the October, what would it have been, October
27th7
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, I see, even moving forward, the October 27th, if we put it
too far ahead, that does create a problem. I see, or might create a problem.
OK, on the consent agenda, ghat we worked out on the dates, we have a pretty
good idea that we can meet on October 6th, if need be, for the general
sleeting, and maybe we'd like to meet for both on that day, but we'll have to
check it out on P and Z.
2. CONSENT AGENDA: Continued discussion. (See label 1)
Mayor Suarez: OK, Commissioner Dawkins, did you have some items that you
wanted to pull?
Mr. Dawkins: Mr. Manager, did you pull 3?
Mr. Odio: Yes, sir, I'd like to... yes.
Mr. Dawkins: Oh, so 3 is out.
Mayor Suarez: Three is withdrawn.
Mr. Dawkins: All right 9, I'll pull 9.
Mayor Suarez: OK, that's after the first eight, so we are OK on that.
Anything else on the first eight, Commissioner De Yurre?
Mr. Odio: Oh, I am sorry item 9 is not in the consent agenda.
Mayor Suarez: Fine, that's what I just said. Anything else? Commissioner De
Yurre, you OK on this? OK.
Mr. Plummer: Which item, what other item?
Mayor Suarez: Item 1 through d, 3 has been withdrawn and 1, obviously has
been withdrawn. Other than that, I'll entertain a motion on those items.
Mr. Plusmtier: So moved.
4
fiy►tMs #7, I
0 4
Mrs. Kennedy: Second.
Mayor Suarset Moved and seconded. Any discussion? Call the roll.
CONSENT AGENDA
ON NOTION DULY MADE ET COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA
WERE APPROVED BY THE FOLLOWING VOTE:
ATES: Cm - issioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
2.1 DOWNTOWN DEVELOPMENT AUTHORITY: Authorize transfer of $250,000 from
General Fund as advance payment of ad valorem proceeds to be received
from Dade County.
RESOLUTION NO. 88-635
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN
THE AMOUNT OF $250,000 TO THE DOWNTOWN DEVELOPMENT
AUTHORITY FROM THE GENERAL FUND AS AN ADVANCE
PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF
AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY BY
THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN
DEVELOPMENT AUTHORITY BEFORE THE END OF THE 1988-
1989 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE
CITY AT THE RATE OF 6% PER ANNUM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.2 CLAIM SETTLEMENT: Geneva Harris, Aaron C. Rolle, Derrick S. Rolle and
Glendora D. Rolle ($150,000).
RESOLUTION NO. 88-836
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO GENEVA HARRIS, AARON C. ROLLE, DERRICK S.
ROLLE AND GLENDORA D. ROLLE, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $150,000.00 IN FULL AND
COMPLETE TOTAL SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.3 ORANGE BLOSSOM CLASSIC FOOTBALL GAME: Execute agreement with Florida
A&M University for use of Oranp Bowl Stadium.
RESOLUTION NO. 88-837
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AM AGRUNENT, IN SUBSTANTIALLY THE ATTACHED FORM,
RETVEEM THE CITY OF MIAMI AND FLORIDA AGRICULTURAL
AND MECHANICAL UNIVERSITY (FLORIDA A i M) FOR THE
USE OF THE ORANGE BOWL STADIUM FOR THE ORANGE
BLOSSOM CLASSIC FOOTBALL GAME ON OCTOBER 8, 1966.
5 $@"oWW►r 27,
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.4 DANVILLE-FINDORFF, INC.: Reduce retainage in contract for construction
of Sayfront Park Redevelopment - Phase III.
RESOLUTION NO. 88-838
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REDUCE
THE RETAINAGE IN THE CONTRACT BETWEEN THE CITY OF
MIAMI AND DANVILLE-FINDORFF INC. FOR THE
CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT -PHASE
III (CAPITAL IMPROVEMENT PROGRAM, PROJECT NO.
331302) FROM 102 TO 52.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.5 ACCEPT FEDERAL HISTORIC PRESERVATION GRANT-IN-AID: Execute agreement
with Florida Department of State, Division of Historical Resources.
RESOLUTION NO. 88-839
A RESOLUTION ACCEPTING A FEDERAL HISTORIC
PRESERVATION GRANT-IN-AID IN THE AMOUNT OF $1,250
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE
CITY TO PROVIDE HISTORIC PRESERVATION SERVICES IN
CONNECTION WITH SAID GRANT-IN-AID.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.6 REHABILITATION HOUSING PROGRAM: Accept annual contributions contract
($567,000) under U.S. Dept. of Housing A Urban Development Sec. 8
Moderate Rehabilitation Housing Program.
RESOLUTION NO. 88-840
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
AN ANNUAL CONTRIBUTIONS CONTRACT IN THE AMOUNT OF
$567,000 UNDER THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT SECTION 8 MODERATE REHABILITATION
HOUSING PROGRAM, AND FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE ALL NECESSARY
DOCUMENTS IN ORDER TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clark.)
3. COLLECTIVE BARGAINING AGREEMENT WITH INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 587: Authorize City Manager to enter into said
agreement (October 1, 1987 through September 30, 1990).
Mayor Suarez: Item 9, Commissioner Dawkins.
Mr. Dawkins: Item 9.
Mayor Suarez: Firefighters.
Mr. Plummer: Hey, I'm all in favor of two meetings in one day.
Mayor Suaress If we can't do it on the 6th, think of another date. Go abwad,
Commissioner.
6 Septaer fit, l'
Mr. Dawkins: Mr. Manager.
Mr. Odio: Teo, sir.
Mr. Dawkins: On article four, discrimination, this means that you are not
going to tinker with the affirmative action on the consent agenda at all.
Mayor Suarez: Won't be any changes to the consent decree, there is no
implication there?
Mr. Odio: There is no changes whatsoever on the consent decree, affirmative
action, or any other articles that deal with affirmative action. Those have
been left out, and they stand as they are. We have 60 days to continue
negotiations, then.
Mr. Dawkins: No, no, OK. At the end of the 60 days, what? Because, you see,
If I am just passing this, in order to give somebody upper hand for 60 days,
this doesn't help me any.
Mr. Odio: No, sir, if we cannot agree at the end of 60 days, I believe we
have an arbitrator.
Mr. Dawkins: But at the end of 60 days, what does that do to the Affirmative
Action Program? Can they to to court and challenge it? I don't know.
Mr. Plummer: My understanding is only the City has a right to go to court.
Mr. Dean Mielke: That is correct, but most importantly trying to answer the
Commissioner's questions, the program is still in effect and it is in effect
at the end of 60 days, if there is no agreement, than it is at the sole
discretion of the City Commission, as to what it may want to do.
Mayor Suarez: OK, there is no automatic self-executing submission to
arbitration? I didn't hear that correct, did I?
Mr. Mielke: No, what there is, is under the Federal Mediation and
Conciliation Services, are coming in with their people from Washington to
attempt to mediate the dispute to see if they can get a resolution.
Mayor Suarez: I thought that was on the issue of the exclusion of black
firefighters from the union?
Mr. Mielke: They are going to try and tackle the whole thing.
Mayor Suarez: At whose request?
Mr. Mielke: Basically, the agreement of the parties. I don't know whether
the request is.....
Mayor Suarez: OK, well, the union and well now, I don't know who the parties
are, because we are a party, Dean, that's the problem, and I hear the
Commissioner saying, as I feel, that you know, while we have expressed all
kinds of disposition to continue looking at the plan and trying to come up
with better solutions, and in the absence of a better solution, we don't... we
are happy with the status quo.
Mr. Odio: Me too.
Mr. Mielke: Well, we haven't relinquished that, that's what is important to
understand, we've not relinquished the status quo, and if we can't come to
some sort of a reasonable accommodation, we'll soon be status quo forward.
Mayor Suarez: But are we binding ourselves to some procedure for mediation of
this?
Mr. Mielke: All we've agreed to do is most with the parties involved and
under the auspices of the Federal Mediation Conciliation Service, we'll
attempt to try to work out an agreement. If that is not successful, if the
Federal Mediation people are not successful, and get a resolution between the
parties, than obviously the City Commission has the lawful right to oppose
whatever settlement they wish, and they could may status quo keeps on going.
7 Septe"Or 27
a3%
0 0
Mr. Dawkins: Now, nobody but the City of Miami has a right to challenge the
consent is that right?
Mr. Mielke: With regard to the continuation of it, I think you are correct.
Mr. Dawkins: All right, so now, unless you have in this contract here that
that continues and cannot be challenged, you don't have my vote on this.
Mr. Mialke: Well, that's what we have, because it's status quo. There is
no...
Mr. Odio: Commissioner...
Mr. Dawkins: No, no, but see, listen now, no, no, you all listen to me. See,
you listen to me now, OK? I hear you, but unless you are telling me that no
one can come back at the and of 60 days and may yes, you told me that I am
going to have this, and therefore at the end of the 60 days I am dissatisfied,
so I an going to open up a new bag of worms, or what have you. That's what I
am trying to find out.
Mr. Mielke: You don't have that problem, Commissioner, you don't have that
problem. You have status quo in that contract. The only thing that the union
has out of this is, that the Federal Mediation Conciliation Service will
attempt to modiste the dispute between the parties. If they don't, you still
have the language that you have and the only way that language can be changed
if you five gentlemen want to change it. The sole option rests with you as
Commissioners.
Mr. Odio: Let we make that clear, Commissioner. The only people that can
change that language would be you. If we cannot reach an agreement at the end
of the 60 days, we would have to come back to you and if you say that's the
way it stays, that's the way it stays.
Mr. Dawkins: That's what I want to hear.
Mr. Mielke: That is correct.
Mr. Dawkins: Thank you.
Mr. Plummer: I'll move item 9.
Mr. Dawkins: Second.
Mayor Suarez: What was the motion, I'm sorry?
Mr. Plummer: To approve item 9.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-841
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE INTERNATIONAL ASSOCIATON OF FIREFIGHTERS, LOCAL
567, FOR THE PERIOD OF OCTOBER 1, 1987 THROUGH
SEPTEMBER 30, 1990 UPON THE TERMS AND CONDITIONS SET
FORTH IN THE ATTACHED AGREEMENT.
(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,
;r
• int r 27, It" .'.
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ANSENT: None.
Mr. Plummer: Let me congratulate the Administration, including Mr. Mialke.
This is something that has been tried in my estimation to be done for many,
many years to get a three-year contract. It takes it out of the political
year, or the political realm and I think in the long run is going to be
beneficial to both the City and to the union, so it's the first time that I've
seen the three-year contract, and I think that I hope you will go back and try
to do the same with the police.
A. CHANGE OF MEETING DATES FOR NOVEMBER: Reschedule meetings to take place
on November ! and 17, 1966.
Mayor Suarez: OK, on the issue of the dates, so we can... do you want to try
it for the llth? I'm told my Aurelio that if we... no, we can do it on the
6th, but not everything, not both, and you are still shooting to try to do one
meeting in October.
Mr. Plummer: That's fine with me.
Mayor Suarez: OK, you are saying that the llth is OK, Aurelio, on
advertising for P and Z items, so I'll entertain a motion to reschedule both
meetings for the llth. We don't need to take back the prior motion, do we?
Mr. Aurelio Perez-Lugones: Wait, wait, wait, not for P and Z.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Wall, now we are going to straighten that out, hopefully. P
and Z still not good on the llth? It is not enough time to advertise?
Mr. Sergio Rodriguez: No, the only thing that you can do, is any item that
you don't finish today in Planning and Zoning could go to the 6th or the llth,
or the 12th. Other than that, which is almost nothing, because you're going
to finish today Other than that, all new items, we'd have to go a meeting
like the 20th or so.
Mayor Suarez: OK, so we... do we have to end up with two meetings in October,
if we are going to have newly advertised Planning and Zoning items, no, do you
want to leave the 6th, then, October 6th, as the first?
Mr. Plummer: That's fine with me.
Mayor Suarez: OK, we've got that already down, so, for the second meeting
then, it's going to have to be after when, Sergio, for the Planning and
Zoning? Remembering that Commissioner Dawkins is going to be goat, and the
Manager, as of what?
Mr. Dawkins: 18th.
Mayor Suarez: 18th. Is the 17th good?
Mr. Rodriguez: They told me the 20th, but I can check again with the �^
Mr. Plummer: No, that is no good, Dawkins will be gone.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Rodrigues: Vhat the days, exactly?
0
Mr. Dawkins: I don't have to be here. You got four Commnissioners.
Mayor Suarez: Or, if we can do it for the and of October, you'll probably be
back by than.
Mrs. Kennedy: When will you be back?
Mr. Odio: November ...
Mayor Suarez: Wall, than we will have to schedule the second one at the end
of October, without Commissioner Dawkins, is the only one. OK, what's a good
day? We'll leave it for the 27tt, then? It has already been advertised and
we don't need to have a motion on that, on the 27th?
No. Hirai: We do need advertise second and fourth Thursday.
Mayor Suarez: But do we need a motion?
Mr. Plummer: So we will stay 6th and 27th?
Ms. Hirai: We need a motion. No, for the 6th and the 27th, we don't need
anything.
Mayor Suarez: Thank you. OK, we are not. Now, November and December, as
long as we are at this, I'm told by my aide that Commissioners are available,
all of you, on the 3rd and 17th of November and the lot and 15th of December.
Do you want to schedule those now, so we don't have any conflict with
holidays?
Mr. Plummer: Whoa, whoa. Now, December lot?
Mayor Suarez: 3rd and 17th. I'm sorry, yes, December let. Maybe we can
consolidate those two in December.
Mr. Plummer: I'll be out of town on December lot. December lot is National
League of Cities.
Mayor Suarez: We got incorrect information then, from your staff. Do you
want to try to do December all in one day? Do you have a date that you...
Mr. Plummer: That's what we've done in the past.
Mayor Suarez: Right. Do you want to give me a date in December that you
are... how about November 3rd and 17th, while we work on December?
Mr. Plummer: I don't think I will be back on the 3rd.
Mayor Suarez: November 3rd and 17th.
Mr. Plummer: Oh, November 3rd and 17th, I don't think I have any problem.
Mayor Suarez: OK, I entertain a motion, November 3rd and 17th, for those two
hearings. We've checked with every one's staff on those, and if you have any
problems, we can always reschedule. Hopefully they checked with my own
schedule.
Mr. Plummer: And the 17th? That's fine with me.
Mayor Suarez: OK, you want to move it?
Mr. Plummer: I'll move 3rd and 17th in November.
Mayor Suarez: Call the roll on those.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. SS -sal
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN NOVEMBER, 1988 TO TAKE PLACE ON
NOVEMBER 3, 1968, COMMENCING AT 9:00 A.M., AND
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN NOVEMBER, 198e TO TAKE PLACE ON NOVEMBER
17, 1988, COMMENCING AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Turre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now work on December, Jeff, to make sure that Commissioner
Plummer will be available. Maybe we'll try to do those together in one
meeting. Apparently we'll not be able to do it in October.
Mr. Plummer: The last two days in November and the first three days in
December.
S. DOWNTOWN DEVELOPMENT AUTHORITY BOARD: Appoint individuals to serve on
said Board. (Appointed were: Parker Thomson, Phillip Blumberg, Miguel
Braslaysky, Anthony Jackson, Raphael Kapustin, Henry Salum, Adolfo
Henrigues, Vincent McGhee and Zahid Ramlawi.)
Mayor Suarez: Item 10. We've got, the list is there and each Commissioner's
suggested appointments, or nominated appointments have been accepted, thank
God, by the board, and Commissioner Kennedy is pending one.
Mrs. Kennedy: Yea, I am ready to make the appointment. I'd like to appoint
Parker Thomson.
Mayor Suarez: OK, there is a change. Commissioner Plummer would like to
nominate Mr. Ramlawi.
Mr. Plummer: Mr. Mayor, in concert, to try to make it appeasing to everyone,
my one appointment was from the downtown area and I was asked to look into the
Brickell area to get a second one, and I would like to change David Rosner to
Zahed Ramlawi, who now lives and resides in the Brickell area, so I would so
move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, along with all the rest of these. Madam Vice Mayor,
do you have yours?
Mrs. Kennedy: Yea, Parker Thomson.
Mayor Suarez: for you other appointment, besides Mr. Blumberg? c
Mr. Plummers Second, of course.
V dft
Mayor Suarez: Let me say this too, Commiasioner Plunner, that I'll take back
the nomination of Rosner, which was accepted quite well by the board as a
future appointment, the first opportunity we get, if you'd like to do that.
Mr. Plummer: That will be fine, sir.
Mayor Suarez: The only other one that I'd like to entertain... Commissioner
De Turre, are you OK on these? Miller, you OK?
Me. Hirai: Mould you put your mike on?
Mayor Suarez: Teo, both of yours are on here, and so are Commissioner
Dawkins'. The only other thing I have to present to you, and I'd like to take
It as part of the same motion, is that we have one resignation, Pedro Pelee&,
and I have suggested the nomination, or my board has approved the nomination
of Vince McGee, and I'd hoped that you would accept that one.
Mr. Plummer: I have no objections.
Mayor Suarez: OK, can we take that all in the form of a motion?... all of the
appointments?
Mrs. Kennedy: Move it.
Mr. Plummer: So moved.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution and motion were introduced by Commissioner
Kennedy, who moved their adoption:
RESOLUTION NO. 88-843
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 88-843.1
A MOTION OF THE CITY COMMISSION RECOMMENDING TO THE
DOWNTOWN DEVELOPMENT AUTHORITY BOARD THE NAME OF MR.
ZAHID RAMLAWI TO BE SUBSTITUTED FOR THE NAME OF MR.
DAVID ROSNER (PREVIOUSLY SUBMITTED BY THE CITY
COMMISSION) IN CONSIDERATION OF POSSIBLE APPOINTMENT
TO SAID BOARD.
NOTE: Following procedure, Mr. Ramlawi'm name once
approved by the D.D.A. board will be submitted to the
City Commission for its confirmation of appointment.
Upon being seconded by Commissioner Plummer, the resolution and motion
were passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I need a little extra budgeting for the VDA for the siso of %be
table I want to _
Mr. Plummer: Oh, no, no.
Mayor Suarez: Now we have 29 memberal
f--
s M„
12 ie►ptMMt'7w:1sr
P
6. MIAMI MENTAL HEALTH CENTER FUND-RAISING CONCERT: Grant $9,630 to Ex-
Presos T Coembatientes Politicos Cubanos to cover rental and support
services for use of the Miami Convention Center.
Mayor Suarez: Item 11. Is there anyone here to make a presentation, or are
we just going to...
Me. Olga Garay -Ahern: Hi, Mr. Mayor and Commissioners, based on your
recommendation at the last Commission meeting... oh, I am sorry, Olga Garay -
Ahern from 5005 Collins Avenue on the Beach. We met with your staff, and Miss
Espi Avalos who works for Frank Castaneda and they were very, very helpful in
negotiating a flat fee for us to use the James L. Knight Center for a concert
that is being sponsored by the Ex -Club, to benefit the Miami Mental Health
Center. Instead of the $15,580 that we had originally requested, they were
able to negotiate with Mr. Fernandez a flat fee that resulted in a $9,630
budget for rental of this space, that is based on 2,600 seats being sold,
versus 5,000 seats, so we respectfully request a grant in that amount.
Mayor Suarez: If you do quite well and you sell out and make more than you
expected, do we get the full amount? Is there any provision for that?
Ms. Garay -Ahern: If we could establish a cutoff... if we sell every seat at
$15 tickets that are on sale, we hope to get about $42,000. Needless to say,
we won't know that. So I think that if we could raise $9,000 less than that,
we would be willing to reimburse the City.
Mr. Plummer: Excuse me, if you sold every seat, your projected revenue would
be how much?
Ms. Garay -Ahern: $42,000.
Mr. Plummer: Something is wrong.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, she said $15 a seat, at 5,000 capacity.
Ms. Garay -Ahern: No, no, we said at 2,800, because when we talked to Mr.
Fernandez, he said that there is a new system that you can pretty much curtain
off a certain part of the auditorium that it makes it a smaller space and it
is easier to sell and we just felt that it would be better on a first time
event to go for that. That lowered all of our costs associated with the rental
fee, so if we sell 2,800 seats at $15 per seat, that is $42,000.
Mayor Suarez: Just for the record, can you clarify, Mr. Manager, who is Mr.
Fernandez?
Mr. Odio: Manny Fernandez is the manager for FMG of the City.
Ms. Garay -Ahern: And they were very helpful in trying to come up. Needless
to say, if we go for 2,800 seats, everything that is based on a percentage of
seats sold comes down accordingly, so instead of asking for $15,580, which was
our original request to you, we have been able to negotiate $9,630. That's if
every seat is sold, so if you...
Mayor Suarez: Now let me ask a question here. Are we talking about a waiver
here, or are we talking about an actual cash outlay? In other words...
Mr. Plummer: No, it has got to be a grant. You can't waive the Knight Center.
Ms. Garay -Ahern: Yes, it is a grant.
Mayor Suarez: But is the effect of this, Mr. !Manager, that the money Soes
into our own pocket at the other end, or would have gone into our own pocket,
or goes into FMA, or goes to some other entity?
Mr. Odio: It cases to the City.
13
September 37. 0$$
Mayor luaret: to it is a grant, but is that in effect, if weren't doing to
use that facility that day, we are out any particular out-of-pocket expense? -
except for the usual maintenance and all of that. Do you have a formula for
trying to recoup, as they call it in tax law, I guess, sole* of those
Investments that you want to propose? It sounds very complicated, unless
you've got it worked out. Do you want to take a few minutes to work it out
with them and propose something to us that is sensibl*? I don't understand
all them* numbers unless you do, J.L.
Mr. Odio: Well, basically, they have a net of $9,630 that they need to pay.
Mr. Plummer: A net of what?
Mr. Odic: $9,630.
Mayor Suaret: They need to pay who? You mean for the basic cost, is that...
Mr. Odic: For the use, yea.
Mr. Plummer: Teo, but you are talking about a lot of personnel involved in
there. You are talking about...
Mr. Odio: Well, they have $1,650 for the rental and $700 for insurance, the
box office...
Mr. Plummer: You got stage hands, you got equipment.
Mr. Odio: Support services are $2,000 and stage hands are $3,000.
Mayor Suarez: Can we may 20 percent of gross in excess of that to the City up
until the full amount? Is that...
Ms. Garay -Ahern: That would be fair.
Mr. Odic: That would be fair.
Mayor Suarez: You want to do it that way?
Mrs. Kennedy: Sure.
Mr. Plummer: 20 percent of gross?
Mayor Suarez: 20 percent in excess of that basic cost until they pay the full
amount?
Mr. Plummer: That's all right.
Mrs. Kennedy: Tea, I move it.
Mayor Suarez: Moved, seconded, call the roll.
OP
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-844
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $9,630
TO EX-PRESOS Y COMBATIENTES POLITICOS CUBANOS FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER THE COSTS ASSOCIATED WITH THE RENTAL AND SUPPORT
SERVICES FOR THE MIAMI CONVENTION CENTER FOR A FUND-
RAISER CONCERT TO BE HELD JANUARY 28, 1989, WITH
PROCEEDS TO BENEFIT THE MIAMI MENTAL HEALTH CENTER;
STIPULATING THAT THE ORGANIZERS PAY THE CITY TWENTY
PERCENT (20%) OF GROSS IN EXCESS OF THE BASIC COSTS UP
TO THE FULL AMOUNT OF THE CITY'S GRANT; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-64, 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 Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commmissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: 20 percent of gross.
Mayor Suarez: In excess of the basic cost, 20 percent of gross goes to the
City until they pay the full amount.
Mr. Plummer: Until we get our full amount back.
Mayor Suarez: Go fill it up so we get our money back in addition to the good
things I'm sure you are doing with it.
7. 1988 ORANGE BLOSSOM CLASSIC AND FESTIVAL: Grant additional funds for
operations in connection with event scheduled for October 1-8, 1988.
Mayor Suarez: Item 12, Orange Blossom. Seems we've seen you before.
Ms. Frankie Rolle: I think so. My name is Frankie Rolle and I reside at 3430
Williams Avenue in Coconut Grove, and...
Mayor Suarez: Before you get into the presentation, Mr. Manager, what did we
appropriate last year for this festival and what are we appropriating this
year, Mr. Manager, sir? Item 12.
Mr. Odio: They are requesting $30,000 for the cost of City services
associated with the 1988 Orange Bowl Classic.
r
Mayor Suarez: How did we give them last year as part of our festival package?
How much are we giving them this year, under that 20 percent reduction
formula?
Mr. Frank Castanada: I believe it was about $25,000 what we gave them last
year. a 20 percent reduction is $21,000. Approximately $25,000, sad this year,
$21,000.
15 September 27, 1 714
0
Mayor Suarez: Why is it approximate, frank? Why don't we have the actual
figures?
Mr. Castaneds: Well, I can get it for you.
Mayor Suarez: Well, you know, preparing a recommendation for us, we really
should know the figures.
Mr. Castaneda: No, no, Commisaioners, $21,000 is 20 percent lower than what
they had received lost year.
Mayor Suarez: OK, $21,000 is what they received lest year?
Mr. Castaneda: Us.
Mayor Suarez: This year they get 20 percent less than that, that would be
$17,000, roughly.
Mr. Castaneda: Right, it was $25,200, so $21,000 is what they will be
receiving this year.
Mayor Suarez: Roughly $25,000 was the year before, about?
Mrs. Kennedy: Ton, that was it.
Mr. Plummer: Well, but wait a minute now, hold on, because they've already
gotten $22,000.
Mr. Castaneda: Right, under the festival ordinance they were to get $21,000.
What they are requesting is $30,000 above the $21,000.
Mr. Plummer: It says here above $22,000. What did we give them total last
year, total?
Mr. Castaneda: $25,000.
Mr. Plummer: And now they are asking, in effect, they are asking for $52,0007
Mr. Castaneda: That's right.
Mayor Suarez: Have you subtracted the contribution made by DDA for the
banners?
Ms. Rolle: No.
Mayor Suarez: That was approved. It wasn't a huge amount of money, but it
was $2,300, I think. It was already approved, the Commission doesn't need to
approve that.
Mrs. Kennedy: How about the state money? Can you use that, or can the...
Mr. Plummer: No, state money is already allocated.
Ms. Rolle: It was special earmarked.
Mr. Plummer: How much did you get from the state?
Ms. Rolle: We have $100,000.
Mr. Plummo r: How much?
Ms. Rolle: $100,000.
Mr. Plummer: What did you got from the county?
Ms. Rolle: $50,000.
Mayor guares: DDA, ;2,300.
Mr. Plummer: And you want $52,000 from us? And what otbRr soused?
16 Mks �! 41
� rr
Ms. Rolle: That's it.
Mayor Suarez! No private... no, you had some from private sponsors?
Ms. Rolle: Sir?
Mr. Plummer: You got sponsor money.
Mayor Suarez: No private sponsors? No private sponsors at all?
Ms. Rolle: No, we don't have any sponsor money. Last year we had a corporate
band, but this year we aren't having it. We had to cancel because of National
United Negro College Fund banquet, so we wouldn't have it in conflict with
that.
Mayor Suarez: There's no banners or anything displayed that advertise any
sponsors at all?
Ms. Rolle: No, the advertisements and marketing is paid out of the state
fund, and what we are asking you for is funds to pay for City services.
Mr. Plummer: You have got to that for $22,000.
Ms. Rolle: No, we have to pay... Orange Bowl cost us $17,000. For the parade
it costs us $28,000, plus.
Mrs. Kennedy: Well, in our backup Frank, it says this funding will be in
addition to the $22,000 which has been allocated for police, fire and rescue,
and sanitation services.
Mr. Castaneda: Right. Basically the Orange Bowl costs $17,000 and the parade
around $30,000, for a total of $47,000. Nov, valve given them $21,000, so
they are about $26,000 short.
Mr. De Yurre: How much money do we make off of the concessions at the game?
Mr. Plummer: 41.2 percent.
Mr. De Yurre: Well, can we have some history as to dollars and cents, how
such valve made in the last couple of years?
Mr. Max Cruz: Commissioner, what we are charging to them is for the expenses
of running the stadium for them, but we are not charging any rental.
Mr. De Yurre: No, I am talking about concessions.
Mr. Cruz: I don't have the figure. What we made is not much, because the
attendance is grown between fifteen and eighteen to 20,000, depending on the
weather.
Mr. De Yurre: Based on that, what would be our cut?
Mayor Suarez: Yes, how much do those bring in, usually?
Mr. Cruz: I would say that the City should be around maybe $10,000 or
$15,000, with the maximum the City would make in concessions.
Mr. De Yurre: Well, I think we can kick that back in if we are talking about
$15,000. We can help them out that way.
Mr. Cruz: Well, remember Commissioner, that the City is counting on that
money for our annual budget too.
Mr. De Yurre: But if now, they go way, then we'll never have the $15,000 for
anything.
Mr. Cruz: Well, last year they paid the rental
from the ticket sales.
Part
of the rental was
paid from the ticket *also and
part was paid from the
money
from the Cosnunity
Development.
Mr. De Yurre: OK,
do we have to look away from
the economic value, just
what
this event offers
to our community, and I think
that certainly carries
valwl
In and of itself,
that we have to consider.*
�r
17
September 270
140
W op,
Mr. Plummer.- What were your ticket sales last year?
Me. Rolle: I'm sorry, I can't answer that.
Mayor Suarez: Do you want to do a package with the waiver of the rental for
the Orange Bowl, which we have already agreed, the $22,000, which is what they
get under the formula, and all of the profits mode from the game up to $15,000
or $20,000, whatever you want to make it.
Mr. Plummer: Wall, that's only from the City's profit.
Mayor Suarez: Tao, from the City's profit.
Mr. Odio: The only problem that I have, Mr. Mayor...
Mayor Suarez: And of course, there is $2,300, I think from DDA also.
Mr. Odlo: They have part of that funding policy, as you said, was the
$200,000. If you break this one, then all the other funds...
Mayor Suarez: I am aware of that, that's why I am trying to do it in the
least painful way, you know, by saying we are not actually going to grant any
more, but we are going to give, if they produce, you know some, actually all
of the profits that we would make, if the theory being what Commissioner De
Turre stated that, otherwise there would be nothing happening at the stadium
there, we'd make no money, so in a sense we are not really losing anything,
and we are contributing to this important community event. I don't know,
we've been trying to feel what the Commission wants to do on this. I think we
shouldn't break the policy as far as any cash outlay.
Mr. Plummer: Commissioner Dawkins, you are awful quiet. What is your
recommendation?
Mr. Dawkins: My recommendation is that we take $22,000 and pay the $17,000
Orange Bowl fee, because the fee for the Orange Bowl is supposed to be paid
prior to anything happening, so the $22,000 that we are giving you
automatically have got to pay the stadium first, so that when they come in,
they are ready to play and we don't have to worry about taking anything out of
the gate receipts and what have you, because we've got the money. Is that
right, Max?
TAPE 2
Mayor Suarez: yes, that's the way the mechanism would work.
Mr. Dawkins: All right now, so when you take $17,000 from $22,000, that
leaves $5,000, OK?... and the $3,000 from the DDA is $8,000, and we need what
now?
Ms. Rolle: $20,000.
Mr. Dawkins: Frank, what do we need?
Ms. Rolle: In order to be able to pay for City services.
Mr. Dawkins: All right, what do we need to pay for fire, police, and
sanitation for the parade?
Mr. Odio: The police is $13,300, and fire...
Mr. Castaneda: For the parade it is $4,500, for police, fire, $1,000.
Mr. Dawkins: We need how such? - $45,000.
Mr. Castaneda: No, no, $4,500 for police.
Mr. Dawkins: Now, what's the total package?
Mr. Castaneda: For the Orange Bowl...
Mr. Dawkins: No, for the parade.
is :?, low
AP
Mr. Castaneda: I'm sorry, for the parade it is $30,000, I am sorry.
Mr. Dawkins: $30,000, OK, so we are...
Mayor Suarez: Isn't there any reduction from the prior year in view of the
fact that we are doing it downtown, as opposed to doing it on NW 7th Avenue?
Mr. Costaneda: This is the estimate provided by the police taking into
consideration the new location.
Mayor Suarez: I guess they are not...
Mr. Dawkins: Hold it now, we are not doing it out in Liberty City no more?
This time it's just downtown?
No. Rolle: No, no, that's in Liberty City. That's where the parade is, it's
not downtown at all.
Mr. Dawkins: OK, so these figures are accurate.
Mr. Castaneda: Teo.
Mr. Dawkins: So we got twelve, right? We've got $17,000 overage from the 20
percent reduction, right?
Mr. Castaneda: Yes.
Mr. Dawkins: So, twelve and seventeen, what now, is twenty-nine?
Mr. Castaneda: I'm sorry, did you say twenty-nine?
Mr. Dawkins: OK, all right, that's OK, I don't mind walking through it
slowly, no problem.
Mr. Castaneda: OK.
Mr. Dawkins: All right, we got $22,000 for last year. Ne take $17,000 from
the $22,000, that leaves us $5,000.
Mr. Castaneda: Yes.
Mr. Dawkins: Then the DDA gave them $3.000, so that is $8,000.
Mr. Castaneda: Right.
Mayor Suarez: They need $30,000 altogether.
Mr. Dawkins: All right, that's $8,000, and where did we get the other $12,000
from? All right, $8,000, and then plus we got $17,000 from reducing
everything by 20 percent, is that right? All the festivals were reduced by 20
percent...
Mr. Cruz: That's correct.
Mr. Dawkins: ... and that gives you 17 percent.
Mayor Suarez: But you already applied that.
Mr. Castaneda: Right, we already applied that, that's the $21,000.
Mr. Plummer: You already done that once.
Mr. Dawkins: No, no, I have to go over it again now, so we are all togother,
OK? We have four or five festivals that we fund each year.
Mr. Plummer: Correct.
Mr. Dawkins: Me reduced each one of those each year by 20 percent.
Mr. Castaneda: That's correct.
Mr. Dawkins: Now, what is the total that we have reduced all of these
projects by that you got indicated nov7
Mr. Castaneda: OK, this particular one was reduced...
Mayor Suarez: No, no, he means all of them, all five of them. What is the
total amount that we have to divvy up this year?
Mr. Castaneda: It's $40,000.
Mayor Suarez: It is $40,000 a year.
Mr. Dawkins: What?
Mr. Castaneda: $40,000.
Mayor Suarez: It is $40,000 every year.
Mr. Davkins: $40,000?
Mayor Suarez: Every year.
Mr. Plummer: Which is to be reallocated to other festivals.
Mayor Suarez: Right, to hopefully fund new festivals so we can get them
going.
Mr. Dawkins: So you can't take...
Mayor Suarez: Have we divvied up some of that already? No? You don't
remember.
Mr. Castaneda: I don't recall if we approved it for this year at the last
Commission sleeting. Was it approved?
Mr. Dawkins: OK, all right, well let's take ten from that, everyone up here
on the Commission, and that will give us twenty-two, right? And we have to
try to figure out for the profits where we have to get the other eight.
Mayor Suarez: Throw into the formula...
Mr. Dawkins: You hear me, Frank?
Mr. Castaneda: You want $10,000?
Mayor Suarez: From the festival's policy that is left over, so we are adding
$10,000 back into this festival, according to the motion, and try to come up
with profits up to how much do you want to...
Mr. Dawkins: Eight thousand, way, eight, bring it up to the $30,000.
!Mayor Suarez: To try to come up to the full amount of funding that they had
last year, if they get that high.
Mr. Castaneda: OK, so you are saying to take $10,000 from the amount of money
that is left this year...
Mayor Suarez: Right.
Mr. Dawkins: Right.
Mr. Castaneda: ... and to take profits from the Orange Bowl up to $8,000.
Mayor Suarez: Right.
Mr. Plummer: From the concessions.
Mr. Castaneda: From the concessions.
Mr. Dawkins: Right.
Mr. De Turre: How about parking? Where does that so tot
Mr. Dawkins: That's concessions. All of that is concessions.
INAUDIBLE BACKGROUND COMKMS NOT ENTERID INTO THE PUBLIC RECORD.
Mr. De Turre: Net or gross?
Mayor Suarez: Sounds like we need an accountant here.
Mr. Dawkins: All of it is gross. All of it Go ahead, Frank.
Mayor Suarez: What is...
Mr. Cruz: OK, parking is about $5,000 to $6,000. I don't have the exact
figure, because I didn't think it was going to be discussed.
Mayor Suarez: Profits form concessions and parking up to the full amount, but
to exceed the full amount of funding of last year, that is what you are trying
to get back today. That's in the form of a motion?
Mr. Dawkins: Wait until Frank tells me where we are.
Mr. Castaneda: So what we are saying is, they already had $21,000, so we're
giving them an additional $10,000...
Mr. Dawkins: No, they got $22,000.
Mayor Suarez: Almost $22,000, no7
Mr. Castaneda: OK, $10,000 from this year, and $8,000 from concessions, for a
total of...
Mayor Suarez: No, no, no.
Mr. Dawkins: Right.
Mr. Castaneda: $18,000...
Mayor Suarez: You were saying the full amount up to last year's funding In
what you ware trying to get to, I think. That was $22,000 plus the $3,000
from DDA, is $25,000, plus ten is $35,000 and you got about another $15,000 to
come up with.
Mr. Plummer: No, $8,000 from concessions.
Mayor Suarez: Right, but I mean, all concessions and profits up to the full
funding of last year is what you want to try to take them to? If it gets that
high. If it doesn't...
Mr. Dawkins: If it doesn't, they don't need it.
Mayor Suarez: That's it, we can't use it, and we can't give it to them.
Mr. Plummer: We are up to forty-three.
Mayor Suarez: We don't really know what we are up to, because it will depend
on what they make on profits and concessions, parking.
Mr. Plummer: Is there any way that you can cut down on the cost of that
parade?
Mayor Suarez: It sounds high.
Mr. Plummer: Your parade Le almost double the game, and the game is the
{
primary purpose. Mr. Manager, how many police do you got involved with the
parade? - number? r
Mr. Odio: I don't know.:
�r
Lt. Joe Longusira: I don't have the number. I can call and get it. It's
about... _ ;'
Mr. Dawkins: The thing is, J.L., the crowd control from 54th Street all the
way down ?th Avenue to Northwest High School, that's... we need the policemen
in there, that's where the cost is.
Mr. De Turre: Wail, isn't this policy set by the City, the requirements for
all these expenses?
Mr. Plummer: No.
Mr. De Turre: Who sets the police requirements?
Mr. Plumber: The Police Department sets their own.
Mr. De Turre: OK, well, the City, I'm saying in general...
Mr. Plummer: Oh, yes.
Mr. De Turre: Fire and Rescue, Solid Waste, Parks equipment, barricades,
Insurance.
Mayor Suarez: How many police officers altogether, Joe?
Lt. Longueira: Sir, I'll have to call to get that. I don't have the figures.
It works out to about $13,000 for the parade and around $4,800 for the game.
On top of that, you got another $5,500 in barricades for the parade.
Mayor Suarez: You know, I don't know how the rest of the Commission feels,
but as each year goes by and these festivals and events, and we have very
successful events without any incidents, you know, I'd hoped that you would
adjust the figures accordingly. I mean, I am not saying that we to a
situation where we have no one to do crowd control, or anything like that, but
that sounds like how many police officers, off the top of your head? $13,000,
that sounds like...
UNIDENTIFIED SPEAKER: About 90.
Mayor Suarez: 90, yes, I was going to say close to 100.
Mr. Dawkins: It's difficult to tell, because you've got to have a sergeant
and a lieutenant, and then that
Mr. Plummer: It's damn near 100.
Mr. Dawkins: And a captain.
Mayor Suarez: Yes, and it is damn near 10 percent of our entire police force.
Mr. De Yurre: What kind of coverage do we have with this insurance? - $6,000
worth?
Mr. Castaneda: They need a million dollars of insurance coverage, a million
dollars worth of insurance coverage.
Mr. Dawkins: They have a million dollars...
Mayor Suarez: Build into the motion, if you would, Commissioner, that they
work with our Police Department and staff to try to reduce the manpower to
whatever level is deemed safe, and acceptable.
Mr. Dawkins: OK, so moved.
Mayor Suarez: Because on the other hand, we are trying to give them in
effect, all of the profits that we would make on concessions and parking, so,
can't do such better than that.
Mr. De Turre:
No, what we are trying to do is
create an incentive for
the
classic, to realise
the more people they bring
in, the better off they
neap
you know, if
they get somathing in return from
the concessions. Zverybody
wins out from
that and.
Mayor Suarez:
(fiat do you swan, to allow them
to go beyond the total
9"4
allotment and
got more...
x
22
"Allaker 370
A
Mr. Do Turre: Wall, the thing is that the problem next year is going to be
again another 20 percent lose, so they have to get cracking with getting more
and more people in there to asks, up this deficit that they are going to be...
they keep receiving every year.
Mr. Plummer: Teo, but you see, the biggest problem is that the biggest
expense doesn't bring in any revenue at all.
Mr. Cruz: That's correct.
Mr. De Turre: Who takes care of all the selling of the popcorn, and all the
stuff that get's sold, the drinks at the parade? That's all private?
Mr. Plummer: The vendors.
Mr. Dowkina: Teo, private.
Mr. Plummer: The vendors at the parade.
Mr. D* Turre: How about licenses? They don't have licenses for this?
Ms. Rolle: No.
Mr. D* Turre: Like Call* Ocho?
Mr. Cruz: They do it on themselves, air. We don't... the City doesn't get
involved, or they don't even themselves got involved in the vending on the
parade.
Mr. De Turre: Well, I think what the parade has to start doing is looking
into what 8th Street does, is selling booths and locations and than you start
getting some money back that way.
Ms. Rolle: Ours is a different kind of situation. You can't very well do
that.
Mr. Dawkins: I ask* the motion that we... how much do you got there, Frank?
Mr. Castaneda: We got $10,000 cash and one time the Commission mentioned
$8,000 from concessions and parking, and another time they said all profits.
Mr. Dawkins: All right, they got $22,000. We need $30,000... we need
$40,000...
Mrs. Kennedy: We need $30,000.
Mr. Dawkins: OK, we need...
Mr. Plummer: No, you got $22,000 is given, you got $10,000 as left over
money...
Mr. Castaneda: Right.
Mr. Plummer: $8,000 from concessions and $3,000 from DDA is $43,000.
Mr. Castanoda: Right.
Mr. Dawkins: Right, and we need $17,000 for the stadium.
Mr. Plummer: No, you only need another total $7,000... $9,000.
Mr. Dawkins: We need $9,0007 but we are short $9,000 now.
Mr. Plummar: Correct.
Mr. Plummer: billy, where does the $150,000 go that you get from the state
and the county?
Ms. Rolle: The $100,000 from the state is earmarked for sarketisg, OW
promotion and marketing, and that's all. You cannot use it for another thLag,
they say.
23
Mr. Dawkins: OK, the parade is marketing the game, so I would like the motion
that you take the $9,000 from...
Me. Rolle: They won't allow it.
Mr. Dawkins: All right, I...
Ms. Rolle: In discussing it with the state people, they will not allow it.
Mr. Dawkins: OK, that's fine.
Ms. Rolle: Of the $50,000 from the county, you don't have to deal with that.
Mr. Plummer: Where does that go?
Ms. Rolle: It is used to help us to bring the band and also used... what is
the other part of it used for?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Me. Rolle: For promotion, housing... not promotion, we use it for housing and
hospitality.
Mr. Plummer: And possible what?
No. Rolle: And hospitality.
Mr. Castaneda: Commissioner, if my addition is correct, I think that we are
$4,000 away.
Mr. Dawkins: $4,000?
Mr. Castaneda: Yes, because the Orange Bowl game is $17,000, and the parade
is $30,000, so that is $47,000 and I am counting $22,000 plus $10,000
additional, $8,000 from concessions, that puts us at $40,000. You have $3,000
from DDA, and you have $43,000, so we are $4,000 away.
Mr. De Yurre: And the Classic doesn't have like a dinner the night before, or
anything like that, where they raise money?
Ms. Rolle: No.
Mr. Dawkins: OK, I make a motion that we go with this, and between the Mayor
and I... let me rephrase that, between all the Commissionars up here, we will
attempt to find the other $4,000.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded, and we'll all cooperate for the rest.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I would like for Mrs. Rolle and go back and tell the committee
that it is the consensus of this Commission, that the non-ravenue producing
entity, which is the parade, should be sponsored by the college or somebody
else, because we just can't pick up the tab for that. Maybe the Commission
will, but I just don't see you know, bringing a parade, and then it is costing
more money than the game.
Ms. Rolle: I'd like to may it is a new committee...
Mr. Dawkins: Wait until we get through with the votes.
Ms. Rolle: I'm sorry.
N'
Mr. Dawkins: Thank you.
Mayor =uarss: Call the roll.
24
The following notion was introduced by Comnissioner Dawkins, who moved
its adoptions
NOTION NO. e8-845
A MOTION GRANTING FUNDING REQUEST FROM REPRESENTATIVES
OF THE ORANGE BLOSSOM CLASSIC AND FESTIVAL IN
CONNECTION WITH ITS '1988 ORANGE BLOSSOM CLASSIC AND
FESTIVAL,' SCHEDULED FOR OCTOBER 1-8, 198e FROM THE
FOLLOWING SOURCES: $21,000 (WHICH IS PRESENTLY
EARMARKED FOR THAT GROUP UNDER THE CITY'S FESTIVAL
ORDINANCE); $10,000 (FROM THE AGGREGATE SUM OF $40,000
WHICH WAS SAVED FROM LAST TEAR); $8,000 (FROM PROFITS,
IF ANY, WHICH MAY BE DERIVED FROM PARKING AND
CONCESSIONS' RIGHTS AT THE ORANGE BOWL STADIUM);
$2,300 (FROM THE DOWNTOWN DEVELOPMENT AUTHORITY);
FURTHER REQUESTING THAT THEY MEET WITH THE POLICE
DEPARTMENT TO TRY TO REDUCE THE REQUIRED NUMBER OF
POLICE OFFICERS TO A LEVEL THAT IS DEEMED SAFE AND
ACCEPTABLE; FURTHER STATING THAT THE COMMISSION WOULD
TRY TO ASSIST THE COMMITTEE TO FIND THE ADDITIONAL
$4.000 NEEDED IN CONNECTION WITH THIS EVENT.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: Now it is not a good idea to make a statement anyhow, so...
Ms. Rolle: I won't, don't worry.
Mayor Suarez: Either way you lose, either way you lose or win, or whichever
way you want to look at it.
Ms. Rolle: I'm not making another sound, don't worry about it. Thank you
very much.
Mayor Suarez: Either way you want to look at it, is fine.
Ms. Rolle: I want to make one statement, though.
Mayor Suarez: At your own risk)
Ms. Rolle: We would appreciate it if all of you would plan to attend the
game...
Mayor Suarez: Give us the date.
Ms. Rolle: ... and get your friends to please come to the game too.
Mayor Suarez: Give us the data so we can schedule it right now.
Mr. De Turret I thought you wanted to...
Ms. Rolle: The date is October Sth.
Mr. Do Turret You scared me for a while.
No. Rolle: And we mood you at the game. This game has been coming to Miami
for 38 years now. ttyyy``
1 N�4�
Mr. Dawkins: All they are saying Yrankio, is this runnimg and cc"Otitiem
with Paolla at the downtown campus... wait now, I am trying to... and all
these coittoos� we can't be at everything. Some of us got to go to :as
mA110*
.y,
R, ZS Ngt�r
�4 `
44 0
and represent us, tote@ of us got to go to something else and I'll be out there
representing us out there, but now all of who can come will come, but don't
hold it against any of us that you don't see.
Me. Roller I won't do that. Invite your friends.
Mayor Suarez: Thing is, I always get him to represent me at Peelle, because I
sever go to that either.
Mr. De Turre: J.L. represents us there.
Mayor Suarez: Tan, J.L. represents us at Paella, and Christopher Columbus
too.
8. FOURTH ANNUAL OKTOBERFEST: Discussion and temporary deferral of request
received from friends of Germany (see label 10).
-----------------------------------------------------------------
Mayor Suarez: Item 13.
Mr. Odio: They are requesting a permit to sell beer and wine and we
recosssend
it. We recomend that we pass a resolution...
Mayor Suarez: Wine permit is the whole bit, the whole item?
Mr. Odio: Yes.
Mayor Suarez: I entertain a motion on that.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved, second. Call the roll. Always in favor of
beer and
wine.
(AT THIS POINT THE CITY CLERK STARTED ROLL CALL)
Mr. De Turre: Where is this going to be held at?
Mayor Suarez: Strike from the record what I just said that we are
always in
favor of beer and wine so The Miami Herald doesn't pick up on that.
Mr. Odio: It will be held on NE 4th Avenue, between 18th and 19th
Streets
on...
Mayor Suarez: It's the silent microphone that Commissioner Dawkins
is always
talking about.
Mr. Odio: October 9th.
Mr. De Yurre: What was that?
Mr. Odio: At 4th Avenue between 18th and 18th Streets.
Mr. De Yurre: Southwest, northwest?
Mr. Odio: On northeast, northeast.
Mr. De Yurre: Northeast.
Mayor Suarez: You don't want a permit for Octoberfest?
Mr. Odio: This is the Octoberfest.
Mr. Pluttsaert No, this is ten days.
Mr. Odiot Yes.
Mr. hummer: My thisg hero scys September 30th through October Ilth. :.
Mr. Odio: I'm sorry, yes.
Mayor Suaraz: When was it last year? I presume we are doing the same thing
as last year.
Mr. Odio: September 30th through October 9th.
Mr. Do Turre: Is that on the street, or how does that work?
Mr. Odio: Where is that?
Mr. Castaneda: In the vacant lot. It is not on the *treat.
Mr. Do Turre: Who owns the lot?
Mrs. Kennedy: Is anybody here from October... oh.
Mayor Suarez* Teo.
Ms. Elizabeth Yamanoha: Yes, I am Elizabeth Yamanoha, representing Friends of
Germany. I reside at 7600 SW 50th Avenue. To answer your question, last year
the event woo three days. It has been three days for the past three years,
and it is held on this street. It is a diagonal street, which in not used for
traffic very often.
Mayor Suarez: Why is it going from three days to ten days, in one fell swoop
here?
No. Tamanoha: OK, Friends of Germany is a nonprofit organization and the only
financial support we've had...
Mayor Suarez: That doesn't answer at all about the event. Why is going from
three days to ton days? I mean, may be good reasons for it, I don't know.
Ms. Tamanoha: OK, hopefully to cover our overhead, to cover the cost, plus as
far as...
Mayor Suarez: Well, if you follow that kind of thinking, and if you don't
cover your overhead this year with ten days, next year you are going to want
36S days to cover your overhead. I mean, what... why ten days? That sounds
like a pretty long festival.
Ms. Yamanoha: OK, it is year it is...
Mayor Suarez: I think in Germany they have it that long, do they?
Ms. Yamanoha: Yes, they do.
Mayor Suarez: How long is it in Germany?
Ms. Yamanoha: Ten days.
Mr. Plummer: In Germany it is 365 days for beer.
Mayor Suarez: I don't think that we've ever, I have to submit to Manager...,
Mr. Manager, have we ever given a beer wine permit for a festival to last ten
days? Not since I've been around here.
Mr. Do Yurre: Nobody can last that long.
Mayor Suaraz: What's the longest we've ever given? - three, four days?
Mr. Odio, Call* Ocho is two days, and the... but I can't retomber that we
have ever given that.
Mr. Flummer: Calls Ocho is one day.
j
Mayor Suarez: What is your recommendation on the maxim= nuober of days that
ask** sense for the permit?
�3
Mr. De Turret You know what they are trying to do to straddle, you kaw, take *5
the two weekends...
27
Ms. Tamanoha: Correct, thank you.
Mr. De Turre: ... and keep it open during the Meek days.
Mayor Suarez: Now about two weekends, but not the intervening days?
Mr. Odio: What if you did it during the weekends and not on the week days?
Mayor Suarez: Right.
Mrs. Kennedy: Teo.
Mr. Plummer: Wall, first of all, we don't issue the permits.
Mr. Odio: It is the State of Florida.
Mr. Plummer: They issue the permit to sell. Now, my concern is, coupled with
this request is the street closures of NE 4th Avenue between NE 18th and 19th
Street for ten days.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, that is what it says here.
Mr. Odio: No, I only said, what I am recommending is the beer and wine
permit. I did not recommend the street closures. It is not what I...
Mr. Castaneda: I would like to have the police representative address this
issue. I understand it is a very small street and it does not need City
Commission approval.
Mr. De Turre: Is it a dead-end street?
Mrs. Kennedy: Then why is it here?
Mayor Suarez: It is under state jurisdiction.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, we have to recommend the beer and wine permit.
Mr. Plummer: What is the weekend?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, I mean, is it a three-day weekend, a four -day weekend?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
------------------------------------------------------------------------
9. CHANGE OF MEETING DATES FOR DECEMBER: Both meetings to take place on
December 15, 1988.
Mayor Suarez: While we work on that, I would entertain a motion to set the
December meting for December 15th, as one consolidated meeting for General
and Planning and Zoning, which has been checked out with every one of the
a
staffs of the Commissioners.'
Mrs. Kennedy: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
(AT THIS POINT THE CITY CLERK MAN R+OI.L CALL.)
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Mr. Robert Clark: Mr. Mayor, we have to set sepsrste times for each of those
meetings. You can have two on the same day, but it has to be separate times.
Mayor Suarez: It has to be separate times. Nall, the first one begins at
9100 o'clock and the second one begins at 9:01.
Mr. Plumaaer: No, 9100 a.m. and 2!00 p.m.
Mayor Suarez: That is ghat you told no, separate times. That works legally,
right? You get cute with me, I'll get cute with you. 9:00 o'clock for the
first one, 2:00 o'clock for the second one. Don't ask me if that is legally
required, because we are not going to get to an argument on that, but let's
assume that's... they used to do this in Coral Gables. There has to be a
better way. 9:00 a.m. and 2:00 p.m., call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-866
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION METING IN DECEMBER, 1986 TO TAKE PLACE ON
DECEMBER 15, 1968, COMMENCING AT 9:00 A.M.; AND
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN DECEMBER, 1968, TO TAKE PLACE ON DECEMBER
15, 1988, COMMENCING AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10. FOURTH ANNUAL OKTOBERFEST: (Continued discussion) - Grant request
received from Friends of Germany for sale of beer and vine (see label
8).
Mayor Suarez: OK, what is the recommendation from the Manager? I am ready to
accept the recommendation from the Manager. This is not an item that is going
to change the history of the City of Miami here. Now, what... we can't spend
too such time on it. Unless any Commissioner has any particular...
Mr. Odio: hall, I have no problem with having them sell beer and vine there.
Mr. De Yurre: Now, is this going to be open all day on the weekdays also, or
how does that work?
Ms. Elisabeth Yamanoha: 5100 o'clock until midnight.
Mayor Suarez: OK, all ten days, you have no problem with it? *-
Mr. Odio: I don't have any problem with it. I don't see where it...
a
Mr. Dawkins: Well, I got a problem with it.
Mr. Plummer: Are their residents live around there? Are there houses? _=
4
29 iet►tMli►sr 37, tw
Mr. Odio: Oh, there is a resident?
Me. Tamanoha. There are some residences and all the residents in the area
like the festival and have agreed to, if they have to, to sign.
Mr. Plummer: Teo, but ten days, that's the problem, that's...
Mayor Suarez: How about three and three? How about six days?
Me. Tamenoha: OK, the problem... the only reason we are holding it over for
ten days, is because in two weekends, we can't tear down everything and then
put it back up.
Mayor Suarez: You can't leave it there for the four days intervening? - under
lock and...
Mr. Dawkins: I have...
Me. Yamanoha: Well, we have police throughout the whole ten day, actually...
Mayor Suarez: Weil, you wouldn't possibly wouldn't need it if you just leave
the stands there and whatever also you have.
No. Tamanoha: Well, we need it for protection of the...
Mr. Dawkins: OK, the only problem I have is... I have no problem with the
festival for ten days, but I have a problem with you selling beer for ten days
competing with the people who buy a license and are in businesses to sell
beer. I've got a problem with that, I don't know if anybody else, they got
one or not, but I just don't think that even though you are a nonprofit
organization for a charitable organization, I just don't feel right giving you
the right to compete for ten days with a legitimate business for the lack of a
better word.
Me. Yamanoha: OK what the state does, it allows every nonprofit organization
to have three three-day events throughout the calendar year, and what we did
is instead of spreading it throughout the year, we chose to put it all
together.
Mayor Suarez: For nine days.
Ms. Yamanoha: Nine days, correct. Monday, on the program, we'll be closed.
That's the reason, that is how we came up with...
Mayor Suarez: I certainly don't profess to be an expert in this, but it would
make more sense to me to have instead of one intervening day where you are
closed, if you can close for one day, you can close for four and make a total
of six days, and basically the two weekends, but I'll go with you...
Mr. Plummer: Even that's setting a precedent.
Mayor Suaraz: And even that is more than we have done, but I... whatever the
Commission wants to do.
Mr. Plummer: You are saying the three-day weekend? - Friday, Saturday and
Sunday?
Mayor Suarez: You, two three-day weekends, right.
Mr. Plummer: I'll go along with that. That would be the 30th, the 1st and
the 2nd, the 7th, dth and 9th.
Mayor Suarez: And you have to figure out a way to take care of all the
equipment in between and... OK, want to move that?
Mr. Plummer: Yes.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
Mr. De Turret You have to go back to the other motion we vere voting on. -s .#
No. Hirai: We didn't call the roll.
Mr. De Turre: I thought you had.
Ms. Hirai: No.
Mayor Suarez: Teo, we stopped the call of the roll before, because of...
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 88-847
A RESOLUTION CONCERNING OKTOBERFEST TO BE CONDUCTED BY
THE FRIENDS OF GERMANY, INC., DURING SEPTEMBER 30
THROUGH OCTOBER 9, 1988; AUTHORIZING TWO (2) THREE-DAY
PERMITS TO SELL BEER AND WINE IN CONNECTION WITH SAID
EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; CONDITIONED UPON THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND
UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES.
(Hare 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:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: For six days, yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Please clarify to the people sponsoring and to everyone who
participates, that we are going beyond any policy that we have ever had. This
is as generous as...
Ms. Tamanoha: Thank you very much.
11. HISPANIC HERITAGE FESTIVAL: Establish area prohibited to retail
peddlers during event to be held October 9, 1988.
Mr. Plummer: Mr. Mayor, in that sane vein, may I ask the Commission to grant
to the Hispanic Heritage Festival on Sunday, October 9th, there is a
celebration, "Discovery America Day," Bayfront Park, a restriction of peddlers
ordinance be put in effect prohibiting food vendors and peddlers from using
the four blocks in front of Bayfront Park, I so move. F
Mrs. Kennedy: Second.
Mayor Suares: Moved and seconded. Any discussion? You snuck Uwt p rgmw?
item in awfully quickly there. Call the roll.
t
1.
5
1 M0 11110Y V 40
0
The following resolution was introduced by Comissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-848
A RESOLUTION CONCERNING THE HISPANIC HERITAGE FESTIVAL
TO BE HELD OCTOBER 9, 1988 AT BAYFRONT PARK;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT.
(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:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. S-K RUN/WALK "FOR THE HEALTH OF IT": Approve use of streets and
thoroughfares in Coconut Grove.
Mr. Plummer: I also have one for the Grove. They put aside "A Taste of The
Health," and they have it already planned for Sunday, October 30th. They
would like to have with the concurrence of the Administration, a one hour
running race early in the morning between 9:00 a.m. and 10:00 a.m. and they
would have to pay all expenses, and I would so move.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-849
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES IN COCONUT GROVE DURING THE S-K RUN/WALK
"FOR THE HEALTH OF IT" TO BE CONDUCTED BY THE GREATER
MIAMI RUNNING ASSOCIATION ON OCTOBER 30, 1988 IN
CONNECTION WITH THE "TASTE OF HEALTH", SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID
STREETS; FURTHER CONDITIONED UPON THE REQUIREMENT THAT
THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY AND THE ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commaissioner Kennedy, the resolution was- V404 d t
and adopted by the following vote:
X
G
32 M F
r .
A
ATIS: Commissioner victor De Turre
Comaissioner Miller J. Dawkins
Commissioner J. L. Plumper, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
13. RFP FOR FULL SERVICE MARINA AT DINNER KEY: Authorize City Manager to
approve RFP containing minimum outlined criteria.
Mayor Suarez: Item 14.
Mr. Odio: I was asked by Commissioner De Turre to bring this item back for
discussion on this meeting.
Mr. Plummer: Mr. Mayor... I'm sorry, go ahead.
Mr. De Yurre: No, go ahead, go ahead.
Mr. Plummer: Mr. Mayor, I have gone over the numbers extensively, and there's
a lot of discrepancies in my mind. The one discrepancy that I continuously
come back to the problem is, the fact that when we put out an RFP, we did such
with restrictions... not restrictions, we did it with mandating that if you
spend "X" millions of dollars, you would get "X" number of years, and if you
spent "X" million more, you would get a bonus of more years. My problem, I
guess at this point is, is not knowing what an RFP would have brought if in
fact, we would have put out an RFP that said, you don't have to put up any
millions of dollars, other than doing what is required in the safety stance
which the City would have to do if we went into the same category. I guess
what I am saying is that in the proposal before us, we are not really
measuring apples to apples. My constant fear, and bottom line still remains
the same, and it's a claustrophobia of being closed in, I guess, that if you
go to a private concern, you are going to be locked in for ten, fifteen or
twenty years and we'll never know whether or not the City could have done it
successfully and brought the revenue into the City without having to share it
with someone. And the third item I think needs discussion is the item that
says even though it has not proven to be good in the past, we might benefit by
our mistakes of the past and do better in the future, is to consider going
into a management contract with the City retaining the overall facility.
Those are the areas of concern that I still have. The area that this
Commission has taken a very firm stand on is that there would continue to be a
full service marina. I have some reservations about that, whether or not it
is necessary on the water out here, rather as opposed to the river, but I
agree that the Commission, a majority has said and they will go and do that.
The City is proposing in the numbers that we saw in a previous proposal, was
six people, and by the end of one year, I think up to twelve people.
Obviously...
Mayor Suarez: Are you talking about personnel to manage it, is that what you
are saying?
Mr. Plummer: Well, that is just basically, that's the point I am trying to
make, Mr. Mayor.
Mayor Suarez: But I mean, twelve people in what sensa? I didn't...
Mr. Plummer: Twelve people are not going to be providing the service. I
checked with Merrill Stevens, and only using that as a rule of thumb, they
have 44 people on payroll to provide the full service. The problem exists its
that if the City is going to have six to twelve people, I would assume that
most of that is going to be administrative, according to the paper which I
have. Administrative, cleanup, security, and such, without any personnel in
the situation that says who is going to do the repairs. The bottom and last
point that I wish to make, I don't think the City should ever go into
competition with the private sector, only at such times that the private
33 September $70 It"
sector cannot provide the needs of the public. I maybe would be of the
thought at this time, that we propose... we are in no rush to do this, I don't
see that there's an immediate need to go and do it tomorrow, that we could
have an RFP, codged in such a manner as what the City itself is proposing. If
nothing more, we would have a general idea what could be done, and what could
not be done by the private sector, if you understand what I am trying to say.
In other words, we don't demand of the private sector in an RFP that they have
to spend the millions, they can if they want, but that they would do the
necessary safety factors that are almost immediate, as if the City were to
take it over, we would have to do, and let's see what we would come back with
In the form of a proposal to the City. We could at the same time go out in
the same RFP for the proposal that says that we are interested in a management.
contract only.
Mayor Suarez: Well, you know, it sounds like what you are doing is very
creative in a sense, because it sounds like we haven't made up our minds
whether we can compete with the private sector, so we want to have an RFP
that's open enough, that we can later determine that we'd rather do it
ourselves, and I think unfortunately, as creative as that sounds, that we are
going to have to make up our minds whether we want to be involved in this at
all, or not, and whether we ought to just assume that the private sector would
have to operate it and run it, and invest in it, although I understand your
point that some elements of ownership can be retained more or leas by the City
in any event. I guess everybody knows my preference is that we go ahead and
issue another RFP, maybe with a little bit less...
Mr. Plummer: Mr. Mayor, please don't misunderstand me. I'm saying to go with
the RFP for comparison.
Mayor Suarez: I wouldn't want the City involved in it, but that's an
intuitive thing. You are trying to approach that in a more analytical way. I
guess I've concluded the City should not operate it, but...
Mr. De Yurre: I take it, Mr. Mayor, what we are looking at is, and I think I
go along a lot with what J.L. is saying, because in fact when Mr. Merrill came
to see me a few days ago, I suggested to him the idea of maybe not just going
all out, going from one extreme to the other, from a private business to a
public business and maybe testing the waters and going into a management type
situation wherein we have the expertise of let's say, of Merrill Stevens
themselves, if they were to manage it for us, that we might be able under that
scenario make more money then we are making...
Mayor Suarez: How do you handle, and it is the same thing that J.L. saying,
but how do you handle the issue of investment? Who is going to put up the
money if you are only letting out a management agreement? - because...
Mr. Plummer: Well, the money is going to be minimal, because you are talking
about the safety factors that are involved. You are talking about $500,000,
as far as the safety factor is concerned, the millions of dollars...
Mayor Suarez: Why have we concluded that only $500,000 needs to be spent over
there, when the last time we went out, we were requiring a cash outlay up
front of $1,500.000. I mean...
Mr. Plummer: Yes, air, that was to completely redo it, and modernize and
bring up to the state of the art.
Mayor Suarez: But rather than conclude that that was too much of a project,
and therefore we only have one bidder, if I remember correctly, why don't we
try to trim down what is really required and still put it out for bids to the
private sector and see what we can get. I don't...
Mr. Plummer: Well, that is exactly what I just said.
Mr. De Turret Well, what I would suggest is that let's not exclude... we can
go ahead with that, but let's not exclude putting out the RPP also for a
management type of situation, and then see what, you know, what's the best
deal for us.
Mayor Suarez: And is that management going to produce $500,000 for the
improvements?
34 September 27, 1"S
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RE . h'`LLa
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Mr. De Turre: Well, I don't know, but we've got nothing to lose by putting it
out and seeing what kind of numbers we get back.
Mayor Suarez: But we've got even less to lose by doing something in between,
I wean, before we put this incredible requirement that nobody wanted to meet
and now we are saying basically, well, we'll run it ourselves, we are not
going to make any major investment over there, but we will allow any old
management company that comes in and we will chose one. It sounds to me like
we are going from one extreme to the other. I thought you were heading in the
direction of...
Mr. Odio: Mr. Mayor...
Mayor Suarez: ... specifying a minimum investment that should be made on that
property to bring it up to where we would like it to look, and if the private
sector is willing to do that, and we are willing to give them a certain number
of years to operate it, why not let them run the whole thing and make the
Investment?
Mrs. Kennedy: Mr. Mayor, lot me just say along those lines, what I'll be
talking to the Manager since our last meeting, has been that I essentially
have to be convinced that the City has the money, and more importantly
perhaps, has the personnel with the expertise to do it, and I don't know if
that is the case or not. What I am trying to... I guess, what I don't want
to happen is for the City to be in two years in the same boat, and excuse the
pun. No pun intended.
Mr. Dawkins: Mr. Mayor, on that...
Mrs. Kennedy: But I don't want us to be out looking for another RFP. You
know, we need to make our minds and really, I need to be convinced that the
City can do it.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I've said from day one, and I am going to say it now. We need a
full service marina. Now, whatever it takes to get that full service marina,
that's what we need to be about. Now, we put out an RFP for a full service
marina and people bid on it and that wanted to, and others who did not want
to, didn't, but I, as one vote only, am not going to vote to give that land
away to somebody who is going to come here and think they are going to make a
pocketful of money, and don't want to put out no investment.
Mayor Suarez: OK, what is the... does anybody on the Commission, before we go
to any other comments, have any in-between solution? Has anybody come up with
a...?
Mr. Odio: May I proffer this? We have nothing to lose by advertising that we
want a full service marina...
Mayor Suarez: Right.
Mr. Odio: ... run by the private sector, and let them come in with offers and
we don't have to accept the offers. We don't have to set the guidelines. We
are not...
Mr. Plummer: That's what I am saying, so that you'll have something to
measure by.
Mr. Odio: That's it, and a UDP.
Mayor Suarez: But you have got to have some parameters, otherwise we are
going to have everybody later saying that we went at this totally arbitrary.
If you just say we want to operate a full service boatyard, come up with any
kind of investment that you think is reasonable, ...
Mr. Odio: They are claiming...
Mayor Suarez: ... any number of years you think is reasonable,...
Mr. Odio: Well, but...
35 =eptsmber 17, LOW
Mayor Suarez-... and particular service you think is reasonable within this
general definition, it sounds like we are going to have a mess on our hands.
Mr. Odio: But let me tell you why I thought of that, to that Marvin Dunn
still tells me today he can run the marina with what we asked him to do. He
said he can still do it and it would be a good business and it was a good deal
for us, too.
Mayor Suarez: Teo, but they met specific requirements that we gave, and now
you want to get away from that, and go to almost no specific requirements?
Mr. Odio: No, what I said is if you do a unified development and you come in
and...
Mr. Dawkins: No, there are specifics, specifics is a full -service marina,
that's the specifics.
Mr. Odio: But you don't have to accept where it comes in.
Mr. Dawkins: OK, I mean, you know...
Mr. Odio: That you know, somebody comes in and says $350,000 a year, and we
are going to invest $2,000,000 in three years...
Mr. Dawkins: If it is not a full service marina, they don't qualify.
Mayor Suarez: OK, let me ask you this then, if the Commission has an idea
what would be the kind of agreement this group would have, or this private
sector bidder would have? Would it be a long term lease, would it be just
purely a management agreement? If it is a management agreement, most of them
are going to come in and may, we can't do any major improvements.
Mr. Odio: If you go with a management agreement, you won't get people to
invest I would say, here, you want this property? We want a full service
marina, what do you have to offer us?
Mr. Dawkins: What is the best return? All right, this would be my feeling,
put out an RYP that says, we want a full service marina with the best return
to the City of Miami.
Mr. Plummer: But how many years?
Mayor Suarez: How much of the land are you giving them?
Mr. Dawkins: The more money he projects, the longer his lease. The least
money he projects, I want him out in a hurry, the shorter his lease.
Mr. De Yurre: Cesar, can we get revenues bonds for the $1,500,000 and than
they pay it out during the life of the lease, they reimburse the City that
way?
Mr. Odio: We'd have to because we don't have established revenue from
that property, so we would have to...
Mr. De Yurre: Don't we get annual like... how much money do we get annually
from them? Isn't that...
Mr. Odio: $120,000, or $150,000 a year.
Mr. De Yurre: Well, isn't that a revenue stream that we can use for revenue
bonds?
Mr. Odio: I'll have to check on that.
Mr. Alfredo Rodriguez: No, not at the present return. The present return is,
last year it was $150,000 in round numbers...
Mr. Odio: Excuse me, let me find out from Carlos Garcia what we did.
Mr. Al Rodriguez: Those are the numbers, $150,000, and unaudited this year,
would be $160,000. Those are the numbers.
36 Septseber 27, tl"i
Mayor Suarez: And what are you saying about those... wait, what are you
saying about those numbers, that those are not...
Mr. Al Rodriguez: The net return to the City under the present state today,
was $150,000, round number...
Mayor Suarez: I've heard you say that now two or three times. What are you
saying about those numbers, Al, in terms of whether that can be bonded out to
give the kind of capital improvement that the City would like to see. Can it,
or can it not? - according to your estimation. I'll tell you later what I
think, but...
Mr. Al Rodriguez: No.
Mayor Suarez: Why not?
Mr. Al Rodriguez: Basic, how much...
Mayor Suarez: What do you bond that out to? What do you think that will
produce in bondable capacity?
Mr. Al Rodriguez: You are assuming that we need a bond.
Mayor Suarez: Yes, how much?
Mr. Al Rodriguez: What I am saying to you that we may not need a bond.
Mayor Suarez: Nov we don't need a bond at all. OK, Commissioner, wasn't your
question whether we could bond out revenues to be made from this marina so we
can do the capital improvements?
Mr. De Yurre: For $1,500,000, we are talking about ten times.
Mayor Suarez: Exactly, which is a factor of ten.
Mr. Al Rodriguez: If you have a net cash flow of $450,000 the second year...
incidentally, we are talking about the first year's...
Mayor Suarez: You've given me an estimate of $150,000. Mr. Manager, please.
Mr. Odio: I think he misunderstands what...
Mayor Suarez: I don't think we have a financial expert here. I expect him to
be. He is trying to give us some figures on what the marina might make, which
is very nice.
Mr. Odio: The question is whether we can sell revenue bonds to do the capital
improvements there and then lease it to the private sector? Is that...
Mr. De Yurre: Are we are talking about $1,500,000?
Mr. Odio: And lease it to the private sector?
Mr. De Yurre: That's right, and then we get... it's like a long term payment
out that the City doesn't lose, but we get our money on top of the rental that
we get, they pay us back over a 10 or 20 year period, whatever.
Mayor Suarez: What he is saying is, you build into the specifications the
requirement, the net amount to us, and they have to guarantee that would be no
less than $150,000 or $200,000 a year, which we can then bond out, if they
have good credit, to produce a fund of $1,500,000 to $2,000,000, whatever we
think is needed, and that could be part of the parameters. I could live with
that.
Mr. Plummer: No, you are selling the property too cheap, to give out...
Mayor Suaraz: No, no, aiaimum, just to be able to... that's part of UW
parameterel Then we get into profit sharing on profits in excess of that am
anything else.
Mr. Plummer: vhy not sake the successful bidder put up the $1,500,0001
Mayor Suarez: That's exactly what I sm trying to get at. That's exactly what
I as trying to get at.
Mr. Plumnor: And you don't have to have revenue bonds.
Mr. Odio: No, but his question is...
Mayor Suarez: But the alternative Mays to make sure that they guarantee that
we, as just like in the parking structure of the south end of the park, we are
asking, at least, we contemplating asking, a private investor to guarantee the
bonds that we Mould issue to build a facility that Mould produce "X" amount on
a per year basis, that is what the Commissioner is asking. Either one of
those two is acceptable to me, by the May. If we ask them to put the money up
front, or if we ask them to guarantee a bond issue against a stream of
revenues that we think is a minimum stream of revenues that they have to
guarantee us, either way is acceptable to me.
Mr. De Turre: Even as far as the management expect is concerned, you know, we
can bound it out for a year... you know, for a 20-year period, we don't have
to put up the $1,500,000 right now. That's another alternative that we have.
Mayor Suarez: That's what he was saying, that there is no reason for us, if
we can do that, there is no reason for us to do it. We can just ask them to
put up the $1,500,000. Either way is acceptable to me. As long as we make it
a requirement that we don't have to go and spend money, you know, I'd have no
problem, and it is a full service boatyard, which I think we all agree on, we
can work within those parameters and...
Mr. Odio: What I was saying, first we can sell the revenue bond, that is no
problem, but the second thing, Mr. Mayor, is that the private sector has been
saying that they would have bided on this property if the requirement had been
less strict as they were. What I am saying is, well let's give them the
opportunity to see if what they are saying is true.
Mayor Suarez: Exactly!
Mr. Odio: But we don't have to give the property away. We know the minimum
rent, what it should be. We know that...
Mayor Suarez: That's right, so actually if we don't give it away, we don't
have to go to a referendum either. If we figure out a legal way that it ends
up being not a long term lease somehow, but if you can figure out a way.
Mr. Plummer: Well, the only way you avoid the referendum is to have more than
three bidders.
Mr. Odio: If you have more than three bidders, and this just might do it,
then you don't have to go.
Mrs. Kennedy: And if you open up the RFP, you will probably get more than
three bidders.
Mayor Suarez: OK, so are we getting close to parameters that we now agree
ono
Are we saying that we are somehow in the vicinity of $1,500,000
in
improvements that have to be made there, or do you want to come back and
give
us a figure, what you think should be done to bring this property to be a
full
service boatyard in accordance with the definition that all of
the
Commissioners I think agree on?
Mr. Odio: The figures that I saw, you need about $3,000,000 to spend on
the
property.
:
Mayor Suarez: Nov we are back up to $3,000,0001
Mr. Odio: No, no, what Marvin Duan and his group wanted to spend there.
i
Mayor Suarez: Teo, but you said that that was the only bidder, because
of
those conditions.
Mr. Odio: What I as saying is, don't put any restrictions. Put out as RYP
out saying we want a full service marina. What do you have to offer?
And
then we decide whether it is a good deal...`,
39 September 37,
IM
GM-0
Mr. Dawkins: With the minimums being what the last group offered.
Mayor Suarez: He doesn't want to do that, because then we are not going to
have enough bidders.
Mr. Dawkins: Than whet is the problem? Then you are going back to what I
said. You are giving away the land. You are taking public land and giving it
away.
Mr. Odio: Commissioner, let me see if I can... if the last bidder thought he
had a good bid, he might just come back with the same bid.
Mr. Dawkins: If he don't so what, you still don't give away the land.
Mr. Odio% Then he will...
Mr. Dawkins: I don't have no problem with that. Sae, we are sitting up here
saying that we have some choice property, OK? And with this choice property,
the citizens and this Commission says that what is needed here is a full
service marina. Nov, in order to provide the full service marina, we are
going to make the land available and etc., etc. But now I hear you saying
that but in order to get anything, whether it is a full service marina or
what, we will say to you, you come in and tell us what you want to do with it,
and we'll accept that. That is not right.
Mr. Odio: No, no, we don't have to accept anything.
Mr. Dawkins: You don't *van have to say that, where I don't have to tell them
that I don't want to accept it. I have to tell them up front now what we are
going to accept. We are going to accept anything that is going to make a full
service marina with a maximum return to the City of Miami.
Mr. Odio: !in*, I...
Mayor Suarez: OK, is the Commission, on the issue of who would do the
financing, convinced that it should be one way or the other? Commissioner
Plummer has been stating that maybe we ought to figure out a way to have them
make the investment and that makes a lot of sense. Commissioner De Yurre has
been saying that maybe we ought to figure out a way that we can bond out
against revenues, that makes sense too to me. Actually, what do you recommend
on those two?
Mr. Odio: Well, I think the easiest way is if the private sector wants that
property that bad, let them put their money in.
Mayor Suarez: OK, so then the question is, what is the minimum investment
that has to be made to bring that property up to what we have characterized as
a full service boatyard. Do you want to think about that and bring it back to
the next Commission and then we approve the RYP and give us the parameters so
we can approve it and go out there and...
Mr. Dawkins: No, you know, Mr. Mayor, I like it better if we were to tell the
Manager, find out what a full service marina consists of, bring that back to
us, and then let us tell you, this is what we want. We are sitting up here
saying that a full service marina is this, it is that, but really, we don't
know what the stat* of the art, today's art of full service marina is.
Mayor Suarez: I can't possibly tell what it would be. That's right, he's got
to...
Mr. Dawkina: Let him bring it back.
Mayor Suarez: And to just put it out for bids in a nebulous way lib that,
just to see what comas in, I think that would subject us to the most arbitrary
process ever in the history.
Mr. Odio: On the amount of improvement, let me tell you what I was thinking.
It is not even...I an not an....
Mr. Dawkins: Do you know what a full service marina is, sir?
!4 September 27, 10W P
.P
Mr. Odio: Yes, sir.
Mr. Dawkins: What is it?
Mayor Suarez: In terms of improvements.
Mr. Odio: Me? No, I don't know.
Mr. Dawkins: Well, all right then.
Mr. Odio: No, no, what I am saying is, that if you...
Mr. Plummwr: Teo, that's simple. Tou take you boat in, it don't work. You
bring it out, it works. That's full service.
Mr. Odio: OK, well...
Mayor Suarez: How such does it cost to... that is what you need to get back
to us. What is the minimum investment to bring that up to...
Mr. Odio: What we should do is leave it open, and somebody might go in and
say that we want to come in and do a park here and do this, and spend three
million dollars in the property. Another one might come in and say he's
only...
Mr. Plummer: Well, let me give you an idea.
Mayor Suarez: But you've got to have minimum parameters. You can't...
Mr. Plummer: OK, that's what I am coming to. I think that you can go out
with a minimum criteria, number one, full service; number two, $1.500,000
worth of improvements; number three, ten years minimum; number four, a return
minimum guarantee to the City of $350.000. That's minimum in an RlP. Now,
you want to go beyond that, then we can talk as far as negotiation is
concerned, but I think that if you put that as your minimum, for example, if
they want to spend $2,000,000, we can increase it to 12 years. They want to
increase the minimum rental to $400,000, we can increase it to 13 years. In
other words, this is the minimum, and I think that yott'll get bidders on that
min imam.
Mayor Suarez: And you could have a sliding scale from that point forward.
Mr. Plummer: Beyond that is negotiable, OK, and then we'll see what they cone
in so called innovative ideas, but I have no problem with a full service
marina, and investment of $1,500,000, ten year and a minimum return, $350,000.
Mayor Suarez: And the reason you are saying a minimum return of $350,000 is
that you are assuming that that is based on the appraisal that we had the last
time we went out?
Mr. Plummer: Yes, air. No, that's what we got in the only bid.
Mayor Suarez: Right.
Mr. Plummer: And they had to invest a hell of a lot more.
Mayor Suarez: No, no, but with the reason that we got that is that we were
requiring that, because that was the appraisal.
Mr. Plummer: lair return.
Mayor Suarez: Yes, but don't you get to take into account the inveatMnt
value, if they are putting up $1,500,000?
Mr. Plummer: They are going to get that back in their own.
Mr. Ds Yurre: J.L., we have got to consider also for tax purposes, they ar*
looking to write things off of that nature for a 20-year period.
Mr. Plummer: No, I am not writing it off 20, I aim saying 10, 10 year Ielaiw -
Mayor Suarez: 10 minimum, 10 minimum.
40
Mr. De Turre: Well, that creates a problem for the investor.
Mayor Suarez: But they can go up to 20, and they'll just have to give us a
higher return, and that's...
Mr. De Turre: OK, but I am just saying that that 10 year cap, or minimum, may
create a problem for some of the investors, as far as their tax consequences
are concerned.
Mayor Suarez: But we kind of would like to have it the shorter the better,
because that way we are not tying the hands of future Commissions and future
people of Miami. I wouldn't mind to see a minimum of 10 years, but you are
right, a lot of them might go for 20 ways, and they might have to prove that
they'd give us a better deal over 20 years for their tax reasons, or whatever.
Mr. Plummer: There's no reason they can't go above minimum.
Mayor Suarez: Do you think that on the return to the City of $350,000 that
we'll get, that won't be too much of an impediment?
Mr. Odio: No, because we had that already.
Mr. Plummer: Excuse me, for one, I would not vote for anything that would
bring less than $350,000 to the City.
Mayor Suarez: I know, I know, but I just don't want to go through the
exercise to have it happen, that nobody comes back and... I want to make the
minimum requirements, minimum requirements in the hope that we get some
maximum offers, but what is wrong with that proposal?
Mr.
Odio: Nothing. I
think the biggest problem that we
had wastin the amount
of
dollars that had to
be invested up front.
Mayor
Suarez: A million
and a half.
Mr.
Plummer: We've cut
it in half.
Mr.
Odio: Yes, and you
cut that in half, no...
Mr.
Plummer: God knows
you cut down the investmentt
Mr.
De Yurre: Yes, but
then again, Cesar, if that vas a
problem, the up front
money...
Mr.
Odio: Yes, it vas.
Mr. De Yurre: You know, upon the long tom we are talking about we are
talking about we are going to get a return, a lot better return, maybe we can
look again into us putting up the money in a revenue bond type of thing and we
can get it back over the years and they pay it on top of whatever we're
supposed to get.
Mayor Suarez: How about... OK, how about this, wait a minute, no, no, because
why not, if you wanted to build a lot of flexibility into this, why not have a
bid "A" and a "S" type package, where one involves the City's bonding power
and the other does not. See what they come up with.
Mr. Plummer: then you've got to raise the minimum.
Mr. Odio: Or you have to have the $350,O00 plus the payment for the capital
improvements.
Mr. Plummer: Exactly. Damn right!
Mr. De Yurre: Sure, we got to get it back.
Mayor Suarez: Well, if they guarantee it, maybe we could leave that up to
them to show what rate of return they would give us if they asked us to do
the bonding on the improvements. You could leave that open ended if you mot.
i
41 September 27s 1
Mr. Plummer. Well, you are talking about $1,500,000, you are talking about
another $IS0,000 minimum guarantee over 10 years.
Mayor Suarez: See, they are absorbing that, if they finance it themselves.
Mr. Plummer: But they can write it off. They an amortize that out as the
investment.
Mayor Suarez: What worries me is that we are leaving it a bit too complex,
but do you think you can work with those and still take into account the
Commissioner's idea that maybe we can get more out of them if we propose our
own bonding capacity?
Mr. Odio: Yes, we can do that. We can do two... if they choose, they can
I can try that.
Mayor Suarers Obviously clearly understanding that somehow, if they use our
bonding capacity, that we have to get a greater return. I don't know how
you'd fix that. The math begins to get a little complicated.
Mr. Odio: If we have three bids. In other words, you are saying, the minimum
rent is $350,000 and a minimum of 10 years, $1,500,000...
Mayor Suarez: That's assuming they put the $1,500,000 up front themselves,
and then some alternative where they use our bonding capacity and you have to
recommend...
Mr. Odio: And you also want to put a scale on adding years according to
dollars, Commissioner?
Mr. Plummer: No, no.
Mayor Suarez: Flexible beyond that.
Mr. Plummer: No, no, that's going to kill you. If you put a scale, that's
going to kill you. Anything above minimum is negotiable.
Mayor Suarez: OK, do you want to do the following on the other one, just to
test it? Make it that if they use our bonding capacity, our bonding ability,
they have to guarantee it. They have to have a financial statement to
guarantee it. We are not going to be guaranteeing it, but they use the
streams of revenue from the project, then they have to guarantee us $500,000
return instead of $350,000.
Mr. Plummer: Use that as an option. I have no problem with that.
Mr. Odio: Suppose we get a bid then, and just supposing that we get a bid
that says, I'm willing to spend $3,000,000, I guarantee you $350,000 and I
want 20 years, and we'll improve the whole property.
Mr. Plummer: That's negotiable.
Mr. Odio: What do you mean by negotiable?
Mr. Plummer: Negotiable, this Commission an say yes or no.
Mayor Suarez: You can do an evaluation, recommend to us, and we'll snake a
final determination. Isn't that the way you'd have to go anyhow?
Mr. Plummer: The bids, now we keep another thing in mind.
Mayor Suarez:
As long as
they meet the minimum requirements.
Mr.
Plummer:
If you put a
scale, all right?...
Mr.
Odio: No,
I agree with
this.
Mr.
Plummer:
... you are
liable not to get the bids and you are going to go
Y
to
a referendum again, you
are going to get defeated.41,
Mr.
Odio: No,
that's why
I agree with you. I agree.
s
42 MPtaMrs 270
Mr. Plummer: That's why I say, if the bids are predicated on a lower
minimum...
Mr. Odior I agree with you. You know why? - because...
Mr. Plummer: Well then quit talking.
Mr. Odio: No, on the negotiable part, but I wanted to clarify is what you
really need to say is that any offers above the minimum...
Mr. Plummer: Is negotiable)
Mr. Odior ... is you will accept the best offer.
Mr. Plummer: I didn't may that. I said it's negotiable.
Mr. Odior OK.
Mr. De Turre: Let me ask e. question. How long have we been on a month to
month basis?
Mr. Plusmarr Your years.
Mr. De Turret Your years? When was this lease originally entered into?
Mr. Plummer: Entered in...
Mr. Odio: Four or five years, it has been.
Mr. Plummer: Twenty-fiva years was the original, right? I think 25 was the
original.
Mr. De Turret Twenty-five years ago?
Mr. Odio: It expired in 1984.
Mr. De Turret It expired, but how long has it been running?
Mayor Suarez: How long was it, before 1847
Mr. Odio: It was a 25-year lease, Commissioner.
Mr. Plummer: Twenty-five years. Bob High was the one that gave the last one.
Mr. De Turret So we are talking about almost 30 years ago, 19607 So we are
working with 1960's number on a month to month basis and we have been able to
meanwhile up those numbers with the tenant on a month to month basis?
Mr. Plummer: They're willing to negotiate, but they want another term.
Mr. Odio: They want to stay. They are willing to negotiate.
Mr. De Yurre: Well, I figure if you tell them you are going to be out in 30
days, they'll negotiate real quick on a month to month basis.
Mr. Plummer: No, they are not either, because they've got a $1,000,000 worth
of equipment in there.
Mayor Suarez: Last time we gave them a minimum of 90 days, I think if...
Mr. Odio: 90 days.
,Z
Mr. Plummer: 120. r
c'
Mayor Suarez: 120, I see.
Mr. Odio: We have 120 days to notify thus that they are to swwo.
Mayor Suavest but anyhow, the point is valid. We are using figures tree Wary,
way back, and it's time that we get, you know... a'
Mr. Plummer: Off the pot.
♦S
Mayor Suarez: That's what I was thinking, some expression like that, and get
going on this. And I think we've come up with parameters subject to the
Commission approval of the RFP to be brought when? Do you think you can have
this ready for the next Commission meeting, the next general meeting?
Mr. Odio: I'll have that RFP on the second meeting of October, whatever day
It is.
Mr. Plummer: Excuse me, if this is...
Mr. Dawkins: How are you going to have an RFP when you have not told me what
a full service marina requires?
Mr. Odio: Mell, we will describe the full service marina in the RFP, if you
want, Commissioner.
Mayor Suarez: He understands that that is the criteria.
Mr. Odio: But Commissioner Plummer, described it already.
Mayor Suarez: Ten, that is an absolute requirement, but you have to try to
give us...
Mr. Odio: Sure. Do you want me to come back to tell you what a full service
marina is before we do an RFP? - or we put it in the RFP?
Mayor Suarez: That's got to be in the RFP. That's got to be in the RFP.
Mr. Dawkins: Or put it in memo form so we can read it.
Mr. Odio: All right, we'll do that.
Mayor Suarez: No, it's got to be part of the RFP.
Mr. Plummer: But I don't understand why you are bringing it back.
Mr. De Turre: Well, don't hold off on...
Mr. Plummer: I mean, it is so damn simple.
Mayor Suarez: Oh, you want to just go ahead and approve it as an RFP right
now?
Mr. Plummer: Hey, as long as the four points that I made, I am sorry... a
fifth, which you added, to give them the flexibility of them doing the
improvements by bonds with a higher minimum, I don't know why you've got to
bring it back!
Mayor Suarez: That's fine with me.
Mr. Plummer: Let's just do it.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Let me do it this way. Based on this criteria, you put it
forth, Mr. Manager, send it to each Commissioner to give us 24 hours. It we
object, you bring it back at the next meeting. If no objections, put it out
for bids.
Mr. Odio: OK, we'll try to have one in your hands by next week so we can
expedite that.
Mayor Suaraz: Not quite 24 hours.
Mr. Plummer: 46? I'll move it.
Mayor Suaraz: With those provisos?
Mr. De Turre: Second.
Mrs. Kennedys Second.
44
. z;
VS
Mayor Suarez: Moved and seconded. Any discussion further discussion?
Mr. Plumwer: Teo, I just want to say for the record„ if this doesn't prove
fruitful, I'm not going to go any way but the City after this. Now, it's time
we sake and cut bait. We've already been fishing, let's cut some bait.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. da-850
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PREPARE A REQUEST FOR PROPOSALS (RFP) FOR A FULL
SERVICE MARINA PROJECT AT DINNER KEY WHICH REQUEST
SHALL CONTAIN THE FOLLOWING MINIMUM CRITERIA:
1) THE FACILITY SHALL BE A FULL SERVICE MARINA;
2) MINIMUM IMPROVEMENTS TO BE MADE TO SAID FACILITY
SHALL BE $1.5 MILLION;
3. THE MINIMUM TIME PERIOD THAT THE FIRM WHICH WILL
BE AWARDED THE PROPOSED LEASE TO DEVELOP THE CITY -
OWNED BOATTARD PROPERTY SHALL BE 10 YEARS;
4. A MINIMUM YEARLY RETURN GUARANTEED TO THE CITY OF
$350,000; ANYTHING ABOVE THE MINIMUM SHALL BE
NEGOTIABLE WITH THE CITY COMMISSIION;
5. THE LESSEE SHALL BE GRANTED THE FLEXIBILITY OF
MAKING IMPROVEMENTS BY USING THE CITY'S BONDING
CAPACITY ON THE CONDITION THAT SAID ROUTE, IF CHOSEN,
SHALL CALL FOR A HIGHER MINIMUM DOLLAR AMOUNT TO BE
EXPENDED FOR IMPROVERMENTS TO SAID FACILITY; FURTHER
INSTRUCTING THIS CITY MANAGER TO DELIVER TO EACH
INDIVIDUAL COMMISSIONER, WITHIN THE WEEK, A COPY OF
THE PREPARED RFP FOR HIS/HER PERUSAL, AND GIVE THEN
TWENTY-FOUR HOURS FOLLOWING RECEIPT THEREOF IN WHICH
TO VOICE ANY OBJECTIONS THEY MAY HAVE BEFORE
ADVERTISING SAME.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: We've had so much discussion on this, Joanne, unless you have
something terribly important to tell us, or objections about what we've done,
it's an effort to get us off the ground here.
Ms. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham Highway, representing
Coconut Grove Civic Club. I wanted to say that I think the direction the
Commission has taken is excellent. I particularly like what you suggested
about offering an "A" and a "B." I think that is a very creative way to go at
it. There is only one thing that I think our sense of creativity and
Initiative and all these good things is probably the same, but if Commissioner
Plummer would be willing to add to it, is there any way that we could put souse
sort of performance criteria in here, so that if whoever gets it, does not
perform up to the level and/or the other problem is, if they begin introduaiug
elements that were not in the original RFP, that the City Maud have saw halt
or check on than.
Mr. Plummer: Yes.
Ms. Holshouser: Would that be covered?
�a
Mr. Plummer: That would be covered in the minimum criteria for a toll forw"O.
45 Spt it 1P 0 `
Me. Holshouser: But an ongoing overview, or something like that.
Mayor Suarez: Teo, and when and if we reach a final agreement, it better have
some pretty good specifications on performance criteria, absolutely, so that
we can get out of one of these long term leases, instead of having to live
with it forever and ever.
No. Holshouser: That's what I mean. Thank you very much.
Mayor Suarez: Thank you, Joanne, very valuable observations.
AT THIS POINT, THE CITY COMMISSION INTERRUPTS THE REGULAR AGENDA TO TAKE UP
THE PLANNING AND ZONING AGENDA.
14. COMMUNITY BASED RESIDENTIAL FACILITY AT 3838 N. BATSHORE DRIVE:
Continue to November 17, 1988, consideration of appeal by objector
protesting approval and special exception and variance to allow
operation of said CBRF.
Mayor Suarez: OK, we've got one item on the Planning and Zoning agenda that I
know both sides have agreed that they'd like to have continued. Is that
correct, counselor?
Mr. Robert Brake: Yes, Mr. Mayor, my name is Robert Brake, I represent the
owner. Mr. Robert Korner represents the applicant.
Mayor Suarez: It is item 16, I believe.
Mr. Brake: Item 18 on page 18, and we'd like to have a requested deferral of
this for at least two months in order to allow us to explore an alternative.
Mr. Plummer: So moved.
Mayor Suarez: Both sides are in agreement.
Mr. Plumrser: Wait a minute. Are members of the public here on this thins?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Does a 2-month deferment cause you any grief? Sir, does a 2-
month deferment cause you any grief?
Mayor Suarez: The objector and the attorney for the applicant have agreed to
take a 2-month extension. Presumably that would...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, let the record reflect that no objectors...
Mr. Plummer: No objectors to the deferment.
Mayor Suarez: Call the roll then.
Mayor Suarez: That's 18 and 19, I move to defer.
Mayor Suaraz: OK, 18 and 19.
NOTION TO CONTINUE
UPON NOTION DULY !LOVED BY COMMISSIONER PLU MER AND SNCONDND By
VICE MAYOR KENNEDT, THIS ITIN WAS CONTINUED TO THZ NETTING or
NOVENBIR 17TH BY THE FOLLOWING VOTI OF THE CITY COMMISSION:
46
ATES: Commissioner Victor De Turre
Commissioner !filler J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
MMS: None.
ABSENT: None.
Mr. Rodriguez: This has been moved to November 17th.
Mr. Brakes Right, we hope to have it straightened out by then.
Mayor Suarez: Just out of curiosity, does this mean that there is a chance
that the two will eventually agree, is that...?
Mr. Brakes Us, that's the reason why we asked the deferment.
Mayor Suarez: It is not just so you can charge more money from your
respective clients?
Mr. Brake: No, I'm afraid not.
Mr. Plummer: Tou mean lawyers do that?
Mayor Suarez: They have been known to do that. I know in the case of these
two attorneys, it wouldn't be correct, but you never know.
Mayor Suarez: Anyhow, we also recognize former Coral Gables and County
Commissioner, in the old system, Bob Brake.
15. SECOND READING ORDINANCE: Amand zoning atlas by applying Section 1610
HC-1 at approximately $19 NW 2nd Avenue (Lyric Theater).
Mayor Suarers PZ-1.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Second, any discussion on PZ-1? Anything from the general
public? Do we need to put anything in the record on this? Why is Steven over
there, looking over your shoulder? Is that on this item, or...? Call the
roll.
Mr. Fernandez: No, reading.
Mr. Plummer: As I recall, at the last meeting, the owner was present and
indicated they didn't want the approval of this item.
Mr. Rodriguez: We have a letter on file.
Mr. Plummer: With a letter on file, that's correct.
Ms. Sara Eaton: There is • new owner since the last CcsMmissiao slsRtisW. but
we have a letter from the new owner.
Mr. Plummer: Fine.
�t
WN . r
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, Tfx ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO LYRIC
THEATER, LOCATED AT APPROXIMATELY 619 NORTHWEST 2ND
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN)= MAKING
FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE
NUMBER 23 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1966,
was taken up for its second and final reading by title and adoption. On
notion 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:
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10480.
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.
16. SECOND READING ORDINANCE: Amend zoning atlas by applying Section 1610
HC-1 at approximately 300 NE lot Avenue (U.S. Post Office and
Courthouse).
Mr. Plummer: Do we have a letter on file from item PZ-2?
Ms. Sara Eaton: Yes.
Mr. Plummer: Let me just ask a question. I'll move it. Under discussion,
someone second?
Mrs. Kennedy: Second.
Mr. Plummer: Under discussion, I an assuming these owners are very, very such
aware, as a historic designated site, that they can't change anything of the
facade of that building. In other words, they can't change the windows, they
can't put awnings, they can't do anything to change the facade of that
building.
Mr. Rodriguez: They can change it.
Conservation board first.
Mr. Plumsaer: OK, but they know that?
They have to go before the Heritage
Mr. Rodriguez: They are aware of that. We send theta a letter and we ask*
them aware.
Mr. Plummer: They are aware that any changes to that building will take a
public hearing?
Mr. Rodriguez: It will take a public hearing. In most case* wbon the
change...
Mr. P1uimser: OK, as long as they know it, that's fine.
W*111 . Ir
Mr. Rodrigues: In most cases, when the changes are minor, it can be resolved
by the Meritage Conservation officer, if they are minor changes.
Mr. Plummer: As long as whatever the rules of the game are, they understand
what the rules are, and they so approve, that's fine with me.
Mr. Rodrigues: I want to remind you though, that in this particular case, we
received a letter from GSA, federal, saying that they have no objections to
the designation, but they also felt that we have no jurisdiction over their
building.
Mr. Plummer: So what in the hell are we doing then?
Mr. Rodriguez: Well, we leave this important building to be designated and we
are going with the recommendations.
Mr. Plummer: But if we have no jurisdiction, why are we even concerned about
It?
Mr. Rodriguez: That is their opinion.
Mr. Plummer: fine. You can call the roll on 2, Mr. Mayor.
Mr. Fernandez: First reading.
Mayor Suarez: Call the roll on second reading.
Mr. Fernandez: It should be second reading of that ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING THE ZONING ATLAS OF ORDINANCE NO.
9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPROVING THE HC-I; GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO U.S.
POST OFFICE AND COURTHOUSE, LOCATED AT APPROXIMATELY
300 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANCES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10401
The City Attorney read the ordinance into the public record and
announced that copies were available to the ambers of the City Commission and
to the public.
49 i
I
17. SECOND READING ORDINANCE: Amend coning atlas by applying Section 1610
MC-1 at approximately 245 NW Bth Street (Greater Bethel A.N.E. Church).
Mayor Suarez: Item PI-3.
Mr. Plummet: Do we have a letter on filet
No. Sara Eaton: Yes.
Mr. Plummer: And they are aware that any changes at all will have to go
before a public hearing?
Me. Eaton: Yes.
Mr. Plummer: I so stove.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone from the general
public wishing to be beard on this item? Let the record reflect that no one
stepped forward. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS Of ORDINANCE
NO. 9500, THB ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-lt GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO GREATER
BETHEL A.M.E. CHURCH, LOCATED AT APPROXIMATELY 245
NORTHWEST STH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 23 OF SAID
ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1966,
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
In QRDINANCE WAS DESIGNATED ORDINANCE N0. 10482.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commiasion and
to the public.
18. FIRST READING ORDINANCE: Amend zoning atlas by applying section 1601
MC-1 at approximately 2167 S. Bayshoro Drive (Villa Woodbine).
Mayor Suarez: PZ-4.
Mr. Plummer: Do you have a letter on file, approval of the owner?
Me. Sara Eaton: Yes.
Mr. Plummer: And they are fully swore that any changes to that structure will
require a public hearing?
Ms. Eaton: Yea.
Mr. Plummer: I'll move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone from the general
public wishes to be heard on PZ-4? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ TIM ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Dawkins: Is this the property where the residents around one piece wanted
to know this piece was being done and not theirs?
Ms. Eaton: No, sir.
Mr. Dawkins: OK, thank you.
Mr. Plummer: This is the piece that is historic down here in Coconut Grove?
Ms. Eaton: Yes, on South Bayshora.
Mr. Plummer: And what about the other gentlemen who wanted his.. that spoke,
and said he had no problem with his being so designated?
Ms. Eaton: That was a different property, next to the DeGarmo estate, which
you had denied.
Mayor Suarez: OK, we are set. What do you have, you've read the ordinance?
Mr. Fernandez: Yes.
Mayor Suarez: And a motion and a second? Madam City Clerk, call the roll
then.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO VILLA
WOODBINE, LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE
DRIVE, MIAMI, FMIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHAMOIS ON PAGE NUMBER 45 OF SAID ZONING ATLAS.
Was Introduced by Commissioner Plummer and seconded by Cossminsi"er
Kennedy and was passed on its first reading by title by the following votes
Sl
geptal►Ms �!, ��
Ir-
r
AYRS- Cown Issioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Tics Mayor Rosario Kennedy
Mayor Xavier L. Suarez
HOES: None.
ASSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
19. Discuss and continue proposed first reading ordinance to amend zoning
atlas at approximately 111 NE 2nd Avenue (Congress Building) until final
judgement is entered by the Court as to true ownership of the building.
Mayor Suarez: PZ-S.
Mr. Plummer: Do you have a letter on file?
Ms. Sara Eaton: This was an item that you had continued for 90 days, that
there was some discussion.
Mr. Plummer: Yes, I remember, there was a discrepancy with Al Gutman.
Mayor Suarez: The Congress building.
Ms. Eaton: I believe the owners are here, as well as Mr. Gutman.
Mr. Plummer: Well, the first question I asked still remains. Is there a
letter on file that they are in concurrence?
Ms. Eaton: The owners, I believe have a letter today, that they would present
to you, and they stated on the record, at the last hearing, that they were in
favor.
Mr. Plummer: And they realize that any changes to that building would take a
public hearing?
Ms. Eaton: Yes.
Mr. Plummer: Well, the owners are here and represented by counsel, they can
speak to it. I can't imagine that there is not going to be major changes made
to that building to be a salable building, or a usable building.
Mr. Sergio Rodriguez: Inside.
Mr. Plummer: What?
Mr. Rodriguez: Most of the changes will probably inside the building. but
anyhow, remember in this particular case, Commissioner, that you...
Mr. Plummer: There's a legal problem here.
Mr. Rodriguez: ... have a different legal problem.
Mr. Plummer: I remember that.
Mr. Rodriguez: There is an owner of a building and there is a least, aM the
lease of the property.
Mr. Plummer: OK. I don't see Gutman here.
Mrs. Kennedy: Me was here earlier.
Mr. Plumoaar: Oh, OK.
�, fll;!`�'
52 :e]tbP
:�� .y
Mrs. Kennedy: I knew I had seen him.
Mr. Plummer: Well, why don't we hear first from the owners of record?
Wouldn't that be appropriate?
Mayor Suarez: We've got the recommendation from our staff?
Mr. Rodriguez: yes, the staff recosreended approval of the designation for MC-
I.
Mayor Suarez: I don't want to may that we are now hearing first from the
owners of record par se, because the owners of record may be both sides, for
all we know. We...
Mr. Plummer: Well, they are the owners of a lease, as I understand it.
Mayor Suarez: Wall, I don't know what... everybody claims to have some
ownership of this land. It may be fee simple, it may be long term Isaias, it
may be reverter, I... whatever. Do we have one of the disputing parties that
have an ownership interest in this property, I prasume you are recommending
than, Jerry?
Mr. Gerald Richman: Teo, sir. Mr. Mayor, Gerald Richman of Floyd, Pearson,
Richman, Greer, Veil, Zack 6 Brumbaugh, representing the owners of the land,
and I am being paid. As I understand it, the lobby ordinance does not require
that I register right now, which I brought to the attention of the City
Attorney beforehand.
Mr. Plummer: Wait minute, what?
Mr. Richman: There was a defect in the lobbying ordinance that I brought to
the attention of the City Attorney, that has to be remedied, that doesn't
require that a lobbyist. An ambiguity that existed in there, that I
understand is in the process of being corrected...
Mr. Fernandez: Va've corrected the scrivener's error that was changing the
"not" that was placed in there inadvertently.
Mr. Plummer: Than why wouldn't he, if it has been changed, why wouldn't he
have to register?
Mr. Richman: I'll be happy to, but I was specifically advised...
Mr. Plummer: Well, I am asking the question, if we changed it and we
corrected the scrivener's error, why wouldn't he have to register?
Mr. Richman: My answer to that is that I was told by the Assistant City
Attorney that when it was changed, I would be specifically notified, so I
could go ahead and then formally register, so if I've got to fill it out now,
I'd be happy to do it, but that was the understanding.
Mr. Fernandez: Yes, he still has to register.
Mr. Plummer: Oh, OK, he's still got to register.
Mayor Suarez: Yes, why don't you do that in the meantime.
Mr. Dawkins: Do that in the "anti".
Mr. Plummer: Go ahead and register, and we'll hear from the other side.
Mr. Richman: OK, tine.
Mr. Plummer, It takes all of two seconds.
Mayor Suarez: Representative Gutman. Sven though you are not her* in a _a
representative capacity, you are here in a private capacity.
Mr. Alberto Gutman: I an here as an individual, yes, *Sr.
Mr. Plummer: You are representing your father without a tee.
,s•
53 September 2?, X y
Mr. Gutman: Without a fee, you. sir.
Mr. Dawkins: Why? He paid all your... he brought you this far. You owe him
one.
Mr. Gutman: He paid all my scbooling and he paid... that's true, that's true.
He probably even paid for this suit. Mr. Mayor, honorable Commissioners, I
think we can remedy this real quickly. We have a problem. We claim to own the
land, and we have a least with than, which actually we coneider the building
to be ours also. We are in litigation over that, to see whether that lease is
valid or not, and they claim that they have a leasehold interest on the
building. I think that what was said before is important.
Mayor Suarez: For the record, when you say, "they" are you referring to an
entity or individual?
Mr. Gutman: Mr. Weinberg and his family, I believe. I tbink what we should
do is... ve are in court right now, to decide who is the real owner, and why
don't we just hold on to this and leave it alone and make a decision after we
find out who the owner is and follow the wishes of the owner.
Mayor Suarez: Let me ask a question of counselor, if I may, or someone from
the other side. Is there any agreement as the ownership even of the land? Is
that in fact, agreed to, who owns that, as opposed to...
Mr. Gutman: We own the land.
Mr. Richman: Can I answer the question, Mr. Mayor, while I am filling the
form out here?
Mayor Suarez: Yes, I know that... wall, I thought that maybe one of your
clients, or one of the interested parties could answer that.
Mr. Richman: Does that... ve vent through this last tame to explain it.
There is absolutely...
Mayor Suarez: Well, don't expect us to remember anything that happened
last...
Mr. Richman: I understand. The building is built in part upon fee simple
property that we own and in part upon a leasehold property. The lessehold
property, they are challenging in court, claiming that there was a default
with regard to renovating the building, if it...
Mayor Suarez: But as to that leasehold property, who owns the fee simple on
that?
Mr. Richman: They own the fee simple on the leasehold property, which we...
Mayor Suarez: So you acknovledge that they have ownership of the fee simple
of part of the property where this building is built.
Mr. Gutman: Eighty percent.
Mr. Richman: but we have the leasehold interest on a 99 7ear lease for the
next, whatever it is, 25 to 27 years on a 99 year lease.
Mayor Suarez: And they era trying to invalidate that in court, I gather.
That's what's at issue.
Mr. Richman: That is being challenged in court. We other claims against them
and so on, at the same time, but the building itself is substantially on
property that we own that is owed in fee simple.
Mayor Suarez: but not totally.
Mr. Richman: Not totally, no question about it. I went through the history,
that it was built in...
Mayor Suarez: I was just trying to figure out, without trying to resolve the
legal issue as to who owns what, what we should act on, or should not aAd our
attorney is going to have to advise us, I guess.
54 September 27, lM
Mr. Richman: And we do have the state historical designation. We are, as we
represent to you, after the last hearing, in the process of going ahead and
actually getting the renovations for it with the building.
Mayor Suarez: Does it sake any sense for us to act until all of the legal
disputes have been settled? Would it even ask* sense for...
Mr. Richman: In my opinion, absolutely, because it is going to... it may slow
down the process in our doing the renovations. We've got... the main
objection was made last time.
Mayor Suarez: Nov does this slow down the process if we don't designate this
historic in any way? I don't understand.
Mr. Richman: It will help to encourage us to go ahead and spend the money to
do the renovating. The downtown people, if your Honor will recall, last time,
that there was an objection made by the Downtown Businessmen Merchants'
Association, because they were opposed to anything that might involve an
Inference of low-cost housing. That's not what we are going to be doing, we
satisfied, as far I understand, their objections in terms of what we are going
forward with for the building and this will be major improvement for the
downtown area, and we urge your approval.
Mr. Plummer: Can I ask a question?
Mayor Suarez: I'm pretty confused. Commissioner.
Mr. Plummer: Al, from your side. Do you have any objection to the historic
designation?
Mr. Gutman: The building is already historically designated by Tallahassee.
The problem that we are seeing is that they want the local designation, which
in our eyes are not needed, if we are the owners of the building. We are
suing them to take back possession of that building and we are in court
because of that.
Mr. Plummer: My question is, the state is already done it, the feds have
already done it, are you and your side opposed to it being done locally? If
not, I don't know what the hell we are arguing about.
Mr. Gutman: I am opposed to it being done locally, because of the
ramifications in regards to redoing the building or whatever you want to do on
It, changing the facade, whatever you want to do. There is an implication,
and as the owner, we are going to be the owners of the building, in our
opinion, we are going to be the owners, and we are opposed to that as the
owners of the building. I guess, if you can put it aside until we finish, and
the court decides who the owner of the building is, then I don't have a
problem with that.
Mayor Suarez: And how does it delay in any way for us not to take action on
historic preservation from our end?
Mr. Richman: Because we want to know that valve got the historical
designation to go forward. That's part of our incentive to go forward and do
It. We can do it without it probably.
Mayor Suarez: Why, because of tax reasons, or...?
Mr. Richman: For a variety of reasons. It gives us much greater flexibility,
as the historical...
Mayor Suarez: Well, usually, it is the other way around, that's what I aw
saying. Historic preservation designation actually gives you loss flexibility
usually, not more. I don't understand why it would be more.
Mr. Richman: No, there is... when you have a state historical designation,
there are certain restrictions. If you have to go back, as I understand it,
to do certain things with regards to any modifications or changes on your
plans that you are going though, it is easier to do it, if you have the city's
historical designation as veil. There is a serious advantage to a devolopor
going through it. It is not an absolute prerequisite to being able to
develop, but there is an advantage.
55 goptember 27, i"
Mayor Suarez: Let's ask our staff, does that make sense? Do they have
anything that gives them, quota, unquote, more flexibility by having the
City's designation?
Mr. Rodriguez: There are some advantages in having it locally designated, one
of which is the possible exception to the South Florida building code in
certain areas, and secondly, in addition to that, the requirements of the DRI
that would make it easier for them to to through our process, than going
through a regular process, going to Tallahassee themselves, and so on. That's
the only thing I can think of.
Mayor Suarez: Isn't that interesting, that historic designation actually
gives more flexibility vis-a-vis state mandated codes, which local entities
can actually adopt from a group of building codes and otherwise, wow!
Mr. Rodriguez: Me. Eaton has reminded me also, in the case of the Freedom
Tower we ware able to be more flexible in South Florida building code
requirements because of the local designation.
Mayor Suarez: That's all backwards, you understand, I mean, from a planning
standpoint, from a logical standpoint, from a philosophical standpoint, from
every other standpoint I can think of.
Mr. Rodriguez: The idea is to preserve the building in the bast possible way.
Mayor Suarez: I'm sure you have some strange rationale for the whole thing.
Teo, Commissioner.
Mr. De Turre: Mr. Mayor, with all of the arguments that are being presented
here, I, and I think you are sending the same message, I do not feel
comfortable until the issue of the ownership is determined, as to move on this
Issue. I think that certainly we have opposing views and depending who the
owner is going to be on that property, we have to wait to see so they can make
the decision that they want on this matter.
Mayor Suarez: Hall on that question, how are we doing on the judicial
procedures?
Mr. Richman: Nothing is even set for trial yet. He are long ways from having
any of that decided, and if we are going to wait on that, you can end up
waiting another year or two for the judicial process and keep in mind, they
are not going to and up as the owners of the building. What they would end up
with is, in a very interesting position, they would and up with a fee simple
interest to the portion of the land on which the building is built, whereas
the majority of it would be on land that we own. It may result in years down
the line, in some kind of a partition proceeding, or a separation proceeding,
but in terms of really having the control, we've got it right now, but even if
they win, they are not going to have control of the entire building and that
building is going to sit there as a monster for the next few years.
Mr. De Yurre: But they will own the part of the building that's on their
property, right? - when the lease expires.
Mr. Richman: They will own that portion of the building on their property.
The majority of it, we are going to and up owning. There would end up having
to be a partition proceeding and the fact of the matter is, if they were to
win that lawsuit, what they ultimately would own in a partition proceeding,
would end up being that much more valuable, but if what they do is block us
In...
Mayor Suarez: Let me ask... I am surprised actually, that we are not in any
way... what has the court said about our actions? Have you tried to speak,
either side tried to seek an injunction from us acting, or a writ of mandamus?
Mr. Gutman: Mr. Mayor, we've been trying to get this heard in court for a
while and Mr. Richman has put it off for the past three months. We here
trying to get this done as quick as possible, and we are attempting to do
that. It keeps on being put off, and there is nothing we can do.
Mayor Suarez: Mr. City Attorney, we're not enjoined in any way from acting,
and we are not required to act, are we?
z�y
56 Ssptel"r $7, 19"
F:
Mr. Fernandez! You are not being enjoined from acting, however,
considerations of ownership of the property in question are really not valid
considerations in determining whether the 11C-1 should be placed there or not.
Mr. Flusseer! Except in my mind, where I demand a that a letter of the owner
be brought forward.
Mayor Suarez! We've got one Commissioner that has made it awfully clear that
to his it's important, and four others that haven't been quite as blunt,
but...
INAUDIBLE BACKGROUND COMKENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Flummer: So make it.
Mr. Richman: Mr. Mayor, let me try to sum it up this way. Tou've got a
building that is sitting out there, on which nothing is being done, and it may
sit out there, could sit out there for a couple of more years. You've got a
citizen here who is going...
Mayor Suarez: But you are not prevented from doing something there, are you,
Jerry?
Mr. Richman: We are not prevented, but what you are doing is in effect,
hurting... it's another roadblock, put in our way to go ahead and develop it.
We brought the people here. When we were here last time, you had basically,
the basic objection was the downtown merchants who ware concerned about low
cost housing, and you asked us to come back to show that we are really moving
forward to develop it, and the inference is if we could show that, then it
would be granted. That's the impression we came away with, and that's exactly
what we've done. We've done what this Commission asked us to do in terms of
attempting to resolve it. No matter what ultimately happens, that building is
going to be at least substantially owned by my client. Two or three years
down the line, we believe we are going to own all of it, that there is no
problem with regard to the lease, but one of the objections is, the alleged
default on the lease is you haven't renovated the building. You haven't gone
ahead and kept the building in good shape, and we are sitting here trying to
everything we can to put that building in good shape. I don't want to go into
the background on it. This is not the original lessor. They came in and
surreptitiously bought the lease from the people who owned it, and what they
are doing now, is they are economically trying to leverage us, by grabbing a
place of it and own it. That is one of the issues that's going to be in the
lawsuit Our client expected to be able to buy it. They came around and they
very quietly bought it from the owner of the leasehold interest to give them
leverage. If they own this little piece here, that figures that will give
them leverage, and if they can block us from moving ahead, that increases
their position.
Mayor Suarez: We're going to give equal time to both sides, because we can't
prevent you from, and the Commissioner also wants to ask a question, make
comment.
Mr. Richman: Yes, air.
Mr. Dawkins: Counsel, what prevents, or what prevented your client from
having remodeled the building?
Mr. Richman: I'd be happy to put my client on to tell you the delays over the
year.
Mr. Dawkins: Well, put him on. He speaks Eaglish and I speak Inglish, well.
put him on.
Mr. Richman: There have been roadblocks and problems. including a mistake
with regard to the City, and Mr. Weinberg will be happy to explain it.
Mr. Alfred Weinberg: I'm Alfred Weinberg, 1111 Biscayne Boulevard, Miami. By
virtue of the fact that I've been paying the bills for the Congress Building
for Boas eight years, through thick and thin, I think it is fair to assume
that I sm the owner of the Congress Buildin y,.
g g. Quite frankly, it was not my
Intention to come here today. I advised my project director, I advised my
57 September 27, 1064
attorneys, I advised my family, that 1 didn't think it was the place to be.
And it is obvious, unless there is something here that I don't see, that it
really isn't the place for at to be. Now, of court@, politically to say, what
is he, some kind of a tool? He's digging his grave, those people will kill
himl Well, I've had people try to kill m@ down through the years, and I'm
still here. W@'ve always acted in a manner that was intelligent and in a
manner that bespoke of integrity. Mr. Mayor and Commissioners, I want to
Apologia* for the manner, of the action, and the manner of the language that
has preceded me. I don't fool that it is appropriate to air laundry of the
nature that has bten oxpresoed, namely, legal laundry, in this courtroom. You
all know our counsel, you all know Gutman, you all know what they all stand
for. It was not my intention for Jerry Richman to come and plead a case and
may, we or* going to win, we are going to lose. I don't know if we ore going
to win, and I don't know if we are going to lose, but I do know one thing. As
humbly as I can put it, I've stayed with the building, we have, not
withstanding how the Gutmann want the building, whether they bought it
properly, or improperly, I have no grief with that. Let...
Mayor Suarez: Mr. Weinberg, you can make whatever pr*sontation you want, but
remember, the Commissioner had a specific question that might help this
determination.
Mr. Dawkins: All I need to know is, why you have not built the building and
what's holding you up. That's all I need to know.
Mr. Weinberg: The pause in the forward progress of the rehabilitation of the
Congress Building is stemmed from the question, the possible design change
from the original plans, which Mr. Perez show... has alr*ady provided for
office space. We than commissioned Mir. Perez to design plans for dormitories,
If you will, and possibly, office space for the School of Performing Arts.
This is brought to our attention and Mir. Tom Pepper, who I believe is sitting
In this room, representative Bailey and Casey, and he said to us, listen,
would you be interested? And I said, we would be interested to the point that
we'll participate with the college. Nov, Mr. Dawkins, I expr*ssly state this
to you, because I recall at the last meeting, you were rather upsot about the
fact that they, quote, didn't even go ahead with the dormitory that they
talked about. This is not the case. The case, and this is on the record, was
at the college. My meetings with them, my m*etings with Bailey and Casey,
covering the past tv*lv* months, came to a final determination that the
college was not in a position to involve themselves with dormitories directly.
I, again, as a matter of record, proposed to them, that we would pay for the
Installation of dormitories ourselves, and lease it to the college. This is
just recent. This is a matter of a handful of weeks ago. The determination,
unfortunately, was that the college at this time, for vhatever the reason,
could not involve themselves in anything, manner, shape or form, relative to
dormitories. The School of Performing Arts, that we talked to, again through
our representatives, and suggested they come in and that ve would participate
with them, if necessary, and offer some space for free. We can afford that,
and it will be our pleasure. They, like the university, for some reason or
other, cannot do anything at this particular time, and for these reasons, the
Congress Building was put on halt. Now, moveral weeks ago, when this was
brought to my attention, I immediately contacted our architect, who
Incidentally, is just across the street, and I said, just take the plans,
redesign them, put them in shape, put them in construction phase, let's get
mom* shop drawings out, and let's put the building into the posture of office
space and commercial space. This is as of this week.
Mr. Dawkins: Let me say something. line, OK? The deal fell through with the
college, all right, fine, OK? This gentlemen over here is challenging you
that you are not going to do anything with the building, fine.
Mr. Weinberg: May I continue?
Mr. Dawkins: No, no, no, sir.
Mr. Weinberg: May I continue?
Mr. Dawkins: No, no, sir, let a finish.
Mayor Suarez: Wait, wait, Mr. Weinberg.
Mr. Wainberg: May I just continue, please? I have, I have eontiaued.
so Upte«aaer 27, IOU
Mr. Dawkins: Lot ne finish.
Mr. Weinberg: We have worked in there. We have structural engineers in
there, Maurice Gray, contrary to what this man says, we are working in the
building.
Mr. Dawkins: You finished?
Mr. Weinberg: Teo, sir.
Mr. Dawkins: All right, let me say one thing. I do, me personally, do not
see a problem. It's your building. You got enough money to do what you want
to do, and I know that, and you know it. I don't aee the problem of standing
up arguing with his, when you could go ahead and do the building. You know, I
really, I don't follow the logic of arguing with him, because it is your
building, you are going to make whatever adjustment to it you want to make. I
mean, so why are we here before this Commission, you know with something that
you can go ahead and do without being here, that's what I mean.
Mr. Weinberg: Mr. Commissioner, I am not arguing with the Gutmans. If you
will look at your record if indeed you have a record of the last meeting,
you'll find, as I said today, I have not grief with the Gutmans. The Gutmans
are the Gutmans. We have a building that we think would be a pride for the
City of Miami. We have a building that is next to Metrorail. We have a
building where the people who can just hop out of their homes, on a Metrorail
and right into the Congress Building.
Mayor Suarez: Mr. Weinberg, what he wants to know is, and what we all want to
know, is there anything specifically you can tell us that you cannot do unless
you get this historic designation?
Mr. Weinberg: I mentioned before, I really don't know what I am doing, I
asked my counsel that. It's been pretty expensive for so, but they said you
should do this, and I said, why, I don't want to argue with the people, and I
respect, I heard you talk about millions here.
Mayor Suarez: Well, we are thinking, because apparently there's nothing been
going on there for quite a long time and we are just wondering...
Mr. Weinberg: Not, so, no, Mr. Mayor. You have to be as kind to me as I'm
being to you. We did everything we did up to a point, and than the school
came in. I would still love to do that.
Mayor Suarez: Did they stop you, did they stop you in any way, or just
started negotiations with the school.
Mr. Weinberg: No, no, we have been negotiating with them... excuse me.
Mayor Suarez: But they didn't exercise any imminent domain, or anything, did
they?
Mr. Weinberg: Since when? Sixteen months. Now, I wasn't negotiating with
them to buy it. I would just like to see it done.
Mayor Suarez: So the Commissioner is wondering if you negotiated sixteen
swaths with the school, what keeps you from negotiating sixteen years?
Mr. Weinberg: Nothing. I am saying to you specifically, you have a document
on your desk, over my signature, which specifies among other things, that our
plans are continuing and not only that, because you can say, how do we know.
Well, let me bring to your attention that I have an associate here, Maurice
Gray, structural engineers, in my office, who would be glad to come up and
tell you that they have gone into the building at my request. It's a 40-year
structural repair that is due next February. I asked Maurice Gray, whom you
all know, he is just done the Freedom Tower, and asked of him if he would come
in and look at the building structurally for us, give us a report now, six or
seven months in advance of the downtime. This has been accomplished. This
has been accomplished. We have a permit from the City of Miami to bring our
people in.
59 ieptsabsr al, It"
Mayor Suarez: OK, Mr. Weinberg, we're going to have to wrap up pretty soon.
Counselor, maybe you ought to advise his that this is not, I don't think
necessarily helping him. Madam vice Mayor?
Mrs. Kennedy: I'm saying, that is all we are saying, the historical
designation doesn't prohibit you to go ahead and fix up your building.
Mr. Weinberg: Well than, what is it that is holding you folks back? Why do
you say we are going to hold it back? Say yes, say not Why do you want to
hold it back, why?
Mrs. Kennedy: Because it is in court.
Mr. Weinberg: Whet's in court?
Mr. Plummar: The ownership.
Mr. Weinberg: Well, we are historically designated. For your information, if
you will look at the document on your desk, you will find...
Mayor Suarez: There is a dispute as to ownership of some portion of it, and
one party that's in the dispute doesn't want us to act, and of course that is
not a valid criterion for withholding on historic designation, but it
something that is weighing on the minds of some of us, I think.
Mr. Richman: Mr. Mayor, let me see if I can help to wrap it up.
Mr. Weinberg: Excuse me, Jerry, we have a designation here by the United
States of America.
Mayor Suarez: You have to use that mike there, sir.
Mr. Weinberg: It is designated, I don't know what it is...
Mayor Suarez: Let's introduce... we are going to introduce this into the
record.
Mr. Weinberg: I don't know what it is...
Mayor Suarez: Congress Building, according to the State of Florida, is hereby
officially listed in the National Register of Historic Places, effective, 14th
day of March, 1985. See, that In the kind of question the Commission has,
frankly. If this was done in 1985, by the state, and presumably, that gives
you some indication of how the state felt about the property, why have we not
had some activity there, by way of improvements, and I know...
Mr. Richman: The answer is very simple. There have been negotiations to try
to change it, do it as a college dormitory, and those negotiations,
unfortunately, fell through, and there was some attempt to do it with a mix of
some low cost housing. There was some oppositions of groups there. Nov we've
come up with a plan that seems to be acceptable to the community, and yet, it
In being opposed by Mr. Gutman because of his reasons, claiming that he has
some interest in it. What you've got to ask yourself is, and I haven't heard
one word from Mr. Gutman on it, how are they going to be hurt if there is a
historical designation given, and the answer is, they can't be.
Mayor Suarez: Wall, how about if we let them answer it. I was going to ask
them the &axis exact question. Now that we have heard from their side as to
how the historic designation presumably benefits them in am* way, that they
are interested in it, how does it hurt you?
Mr. Gutman: OK, Mr. Mayor, if I can just... ha made some statements sad sods
allegations, if I can just answer them real quick...
Mayor Suarez: Yes, you can also give us the rest of your presentation. You
have some time to more or less be equivalent to what they have used.
Mr. Gutman: Can I ask Mr. Rodriguez one question? - and that will answer it.
Will this make it...
Mayor Suarets Absolutely, but don't forget to answer that one qusstiou that
we all want to know.
60 iepts"Or 11, i
1 2dK
Mr. Gutman: I won't, but he will •never it for me. Will this make it easier
for them to either build a jail or low-cost housing in that arms?
Mr. Rodriguez: No.
Mr. Gutmann Didn't you say it allows them to get a DRI easier, or...
Mr. Rodriguez: The DRI is something else.
Mayor Suarez: You go through the...
Mr. Rodriguez: The use of the property is dictated by the toning designation
that is under the designstion for historic districts. What this will do is
the following, because this property is listed, among the list of property
which are historic, if it were to be designated locally, it wouldn't have to
go to the state for review. The review will be done locally and in the City
of Miami, where it will for alternations, so that is the thing that
will effect it differently. You see, because of the DRI, all the properties
which are listed in downtown, has to be referred to the state unless they are
already designated locally. In that case, the review is local, and it is such
faster. That's the only difference. The toning though, is already dictated
by the toning of the property that is in the underlined district, which is
CG-1/9, I believe.
Mr. Gutman: Well, Mr. Mayor, I...
Mayor Suarez: Remember to argue to the point of historic designation, which
Is what this Commission must decide.
Mr. Gutman: Well, the last meeting, you said those who owned the property
that don't want a designation, I will allow you to not have the designation,
now we are going with different criteria. That was said last meeting, in
which I was present.
Mayor Suarez: Well, for that particular day, we had a horrendous agenda, and
we were trying to get through it, and ve postponed determination on those
where we had disputes and tried to solve those that clearly had no disputes
on, but we need to hear from your side as to why this should or should not be
designated, and given historic designation.
Mr. Gutman: Well, simply, Mr. Mayor, we own the majority of the land, we own
80 percent of the land and the building. We feel that Mr. Weinberg has in the
past tried to make a jail out of it. We think that nothing should be done, or
he should construct what it is totally zoned for, prior to the court deciding
who is the rightful owner.
Mayor Suarez: And I guess I remember last time we had some testimony on the
historic aspect of this. Doan anybody remember what it was? - or should we
introduce into the record, or reintroduce into the record that?
Mr. Rodriguez: I believe it is part of your package. That is introduced into
the record already.
Mayor Suarez: Can you give me a one -minute capsule of the reasons why it is
historic to remind mat I remember the building, and remember thinking that I
must have seen it down there.
Mr. Rodriguez: Ms. Raton will do that.
Ms. Raton: The building is significant as a representative example of
neoclassical style architecture. It was designed by a prominent designer,
architect Martin L. Hampton. It is significant for its engineering value on
Its method of construction.
Mayor Suarez: Does anybody have a rendering of it, or a picture of it handy?
Is it in our package?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THR MBLIC RECORD.
Mayor Suarez: I was just hoping to see a picture. Nothing historic about
this blueprint, that I can see. I mean, either that, I don't know how to read
61 September 27,
blueprints. Anybody... OK, that ir kind of the structure of it? Of course,
that is almost all pretty simple angles and shapes, so I don't know. If
anybody had a picture, that would have been nice.
Mr. Richman: Mr. Mayor, this may help to remind the Commission that one of
the very unusual features about this building is it was built in 1917, as a
five -story building and then they built a bridge structure over it, when the
toning changed in the City of Miami, and they could build a hi -rise. It is
the only building that I am aver* of of that type in the City of as wall.
Mayor Suarez: It's got like a building within a building, or something like
that?
Mr. Richman: Yes, it is bridge structure and the building is built up on top
of it, so it is unique in and of itself, just for that. I would suggest, Mr.
Mayor Suarez: Do you want to have a statement made on behalf of your
opposition from the DNEA, or anyone else? I see you're...
Mr. Gutman: They would like to say it themselves, if that is all right with
you.
Mayor Suarez: Yes, that is what I mean.
Mr. Mike braslaysky: My name is Mike >lraslaysky. I have a store in
downtown - Brigg's Mtn Shop. I am also representing Downtown Miami business
Association.
Mayor Suarez: Mike you might want to get just a little closer to the mike.
Mr. Eraslaysky: OK, the thing is this. I don't know what the historic
recommendation, or conservation, or whatever it is going to be. What we would
like to see is the building in shape, but the only thing we'd like to see it
In for commercial purposes, in other words, for office building, strictly
downstairs, storage, or whatever it is. I don't want to get involved, and our
position is not get involved in what the historic purpose is. Now, if they
can do whatever they want to do without this, I don't see the point to be
here. If they have the right to spend, 410,000,000, $20,000,000, whatever he
wants to do, without this, where is the benefit? That's all I want to say
about it. We are not stopping him to spend his money. That's his money. He
can do. The only thing is, we'd like to see an office building in shape,
because right now it is a disgrace. It's a really...
Mayor Suarez: Once again from Planning, does the historic designation change
in any way the use the building can be given?
Mr. Rodriguez: No, sir.
1, Mayor Suarez: OK, anything also, Mr. Gutman?
Mr. Gutman: Mr. Mayor, I'd just like to remind the Commission that this
building is in the condition it is in because it vas totally gutted without a
permit and everything that was done was done without a permission from the
City.
Mayor Suarez: I had forgotten that. Is that not the case?
Mr. Richman: Mr. Mayor, that's absolutely false! We have a permit, we've got
the evidence.
Mayor Suarez: That's why I've forgotten it, maybe.
Mr. Richman: That is not true, they've made that allegation, it's riot true.
Mayor Suarez: OK.
Mr. Gutman: You can ask Mr. Ventura. There was no permit on file whatsoever
for gutting that building.
Mayor Susres: OK, do we have on record any violations of ovr cods, as far as
permit getting for work that has to be done there?
62 September 276 1M- �'
Mr. Rodriguez: I understand from the copy that we have received from them
today, that they found a copy of demolition that was issued in 1985.
Mr. Richman! We've got a copy of it right here to introduce into the record
to take care of that.
Mayor Suarez: I don't know if this answers the allegation, but I have been
handed an application for roofing, slab, fence, demolition, awning, etc.,
dated November 15, 1965. presumably for the site in question. It's introduced
Into the record.
Mr. Rodriguez: The description of the work for the record now, Mr. Mayor, is
for interior demolition, and removal of all interior partitions, ceilings,
electrical installation and plumbing on all floors.
Mr. Richman: That's exactly what we did.
Mayor Suarez: Anything further form either party or from the Commission?
Mr. Richman Mr. Mayor, the downtown merchants want office and retail, that's
exactly what we are proposing. This City ought to embrace us for going ahead
this way. What we are doing in effect, is we are placing our hands at the
greater control of the City itself by doing this, because what you have just
heard from your own professional planners, is we've got to come back to the
City in terms of what we are doing. Instead of going to the state, the City
has greater flexibility and we've come back to the City so this Commission
will have greater control over what's being done there. There is every...
Mayor Suarez: All right, I like the way you stated it the second time, when
you said greater flexibility, I guess greater control is more what we have
under the historic designation.
Mr. Richman: We have greater flexibility in the manse of some of the codes,
but overall, the ultimate decision will be made by this Commission, and this
Commission should do everything it can to encourage Mr. Weinberg to go forward
with this project with its blooming. It will be in the interest of everybody
in this community and there is no reason to hold back on it.
Ms. Patty Allen: Mr. Mayor, I'd like to say something, my name is Patty
Allen, I an the director of the DNBA. I'd like to ask them why at 4:30 on
Friday they sent an attorney to my office to endorse the project and over the
weekend, sent five people to see Mr. Braslaysky with a letter. I'm sorry,
something is wrong here, and I don't understand it.
Mayor Suarez: And over the weekend sent five people to Mr. Braslaysky and to
what?
Me. Allen: Asked for an endorsement letter.
Mr. Richman: I can answer that question. This gentlemen can actually answer
it, because he is the one who did it. We wanted to get a formal endorsement
to come before you.
Ms. Allen: But you don't ask that on Friday. You make...
Mayor Suarez: Please, please, I'm not surer what relevance any of this has.
Mr. John Salesco: My name is John Salesco, I'm the project director on the
building. I'm kind of...
Mayor Suarez: Get a little closer to the mike, please.
Mr. Salesco: I've join your...
a
Mayor Suarez: Give your name again, please.
;x
Mr. Salesco: John Balesco, and I'm at 1752 Biscayne Boulevard. I awe the,
project director of the Congress Building now, and basically I've bean
starting... I started to work on the building about two weeks ago. I've been
Informed of this mating about a weak or two and a half, and I saw it posted
on the building. Basically, when I found out what the situation was, I than s}
approached Mrs. Allan on Friday morning, which... s
Me. Allen: Friday afternoon, air. walked in my office.
Ms. sslesco= yriday sfternoos. that is exactly right, and she felt that she
really didn't want to speak to Us because of the... whatever the situation she
was...
Me. Allene I don't speak for may board. I beve a resolution from my board.
Ms. Bslesco: She recommended I should speak to Mr. Braslovsky, so that's what
I did that afternoon. I called him up and I asked him, can I meet his, he
said that's fine. I went over there, I discussed with him the situation. I
explained to him that we were planning to do office and retail. No longer we
were thinking of doing what the nagotiations were, dormitories, then I went
back this morning, requesting if he could &U n some sort of a letter, because
be felt that he might be here 3:30 or so, so I want to make sure that what I
understood from his, he gave us our blessing_
Mayor Suares: OK, I still don't see what relevancy this has, I mean, either
side has the opportunity to speak to whoever they want to try to get support
of this issue.
Mr. Dawkins: Lobbying his point, that is all.
Mayor Suarez: Yes. OK, anything further? Commissioners?
Mrs. Kennedy: Commissioner De Turre was going to make a motion. Are you
ready?
Mr. De Turre: Mr. Mayor, I move that we defer this item until we get a
judgement from the court determining who the owner is, if the Gutmans have
any ownership interest and then at that time, once that has been determined,
then we will revisit this issue and stake a floral determination.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: This does not, in any way preclude the owner of continuing to
refurbish the building, or put the building in a safe, sound way, does it?
Mr. Rodriguez: To answer that question, until this is decided by this
Commission, there will be a moratorium on this building demolition.
Mr. Dawkins: Say what now? Run that by so again.
Mr. Rodriguez: Until there is a decision made by this Commission, there will
be a moratorium on any building outside renovations.
Mr. Dawkins: But he is not doing anything, wall see, this is where I an lost!
Mr. Rodriguez: Let me. Commissioner...
Mr. Dawkins: Hold it now. According to you, the historic preservation
prevents an owner from doing anything to the outward appearance of the
building.
Mr. Rodrigues: Right.
Mr. Dawkins: But the owner can do anything it wants to within the structure,
as long as he does not change the outside appearance of the building, is that
a correct statement?
Mr. Rodriguez: In most cases. the inside has been also included In the
designation. In this particular case, it is the outside of the building. To
answer more...
loptsnNs 27, ISO-
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171
Mr. Dawkins: OK, so this side, in this case it is the outside of the
building?
Mr. Rodrigues: Right.
Mr. Dawkins: So he can do anything he wants to the inside?
Mr. Rodrigues: Right.
Mr. Dawkins: OK, so now, so therefore, this does not in any way preclude this
gentlemen, if he wants to, to go ahead and, for the lack of a better argument,
make the renovations, put in dormitory space, come to me and the Mayor and ask
so and the Mayor to see if we can round up some South American students who
want to come to Miami -Dads and who need housing, is that a fair statement?
Mr. Rodrigues: Right.
Mr. Dawkins: Or, if he'll go the other way, in the •vent he wants to put
offices there, nothing prevents his from going ahead and putting the office
there, while they fight it out in court. Is that a correct statement?
Mr. Rodrigues: From a legal point of •iew, I &uses you need an answer from...
Mr. Fernandes: Teo, it's right.
Mr. Dawkins: Beg pardon?
Mr. Fernandes: Teo, you are right in your statements.
Mr. Dawkins: OK, thank you. No further questions.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Turre, who moved
Its adoption:
MOTION NO. 88-851
A NOTION TO CONTINUE AGENDA ITEM PZ-5 (PROPOSED ATLAS
CHANGE BY APPLYING SEC. 1610 HC-1 FOR PROPERTY LOCATED AT
APPROXIMATELY III NE 2 AVENUE - "CONGRESS BUILDING") UNTIL
THERE IS A JUDGEMENT FROM THE COURT DETERMINING LEGITIMATE
OWNERSHIP OF SAID PROPERTY; FURTHER STIPULATING THAT ONCE
THERE IS AN ADJUDICATION ON THE MERITS OF SAID MATTER,
THEN THE CITY COMMISSION SHALL REVISIT THE ISSUE AND MAKE
A FINAL DETERMINATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None
Mayor Suarez: I have to vote no. I think that we ought to make a
determination whether it should receive *historic designation or Met. I
don't think that we can just defer indefinitely. I's not convinced that it
write historic designation by the way, so if we ever got to that point, I'd
kind of like to see some renderings and you know.
Mr. Dawkins: I's hoping that you go ahead and sake your repairs before we got
there and bring it back to finish it.
Mr. Richman: But we had those renderings, Mr. Mayor, last time. I didn't
think that was the issue this time, or we would have brought all that stuff
again. I thought all we had to do was take...
91
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Mr. Dawkins: I don't need a rendering. Finish the building.
Mayor Suarez: It never got to a vote on that issue. I just...
Mr. Richman: I thought all we had to do was take care of the downtown
merchants objections, and that's what we did.
Mayor Suarez: That's right, I do remember that a lot was introduced last time
on that and if I wanted to vote on that issue, I would have been able to go
back to that, or I would have asked further Information. Mr. Weinberg, we
took a vote, air.
Mr. Weinberg: I thank you, I just went to thank you for your time and Mr.
Dawkins, I an going to take you up on the dormitory aspect. I'm going to call
you.
Mr. Dawkins: OR, we'll have coffee, no problem.
Mr. Weinberg: Thank you.
20. Discuss and continue consideration of appeal by applicant (Albert C.
Hergert) of denial of variance to allow existing second story addition
at 465 NE SS Terrace.
Mr. Allen Gruber: Mr. Mayor and members of the Commission, I'm shipping ahead
slightly because I'm asking for a continuance only.
Mayor Suarez: OK, you want to tell us about a contingency? Which item, sir?
Mr. Allan Gruber: On PZ-17.
Mayor Suarez: Give us your name.
Mr. Gruber: My name is Allen Gruber. My office is at 9100 South Dadeland
Boulevard. I represent Mr. Hergert, who is unable to be here today, he is out
of the country.
Mayor Suarez: Is that the applicant, the objector, or who is that?
Mr. Gruber: He's the applicant.
Mr. Plummer: Is there anyone here in objection to PZ-17? Would a deferment
of 30-days put you at a tremendous disadvantage? You don't object to it? I
move that 17 be deferred until the next meeting.
Mr. Sergio Rodriguez: To October 27th.
Mr. Dawkins: Second.
Mayor Suarez: before you vote on that, let the record reflect that the answer
given was that they, the objectors that were here to the application did not
object to the deferral, or continuance, rather. Call the roll.
MOTION TO CONTINUE
ON MOTION DULY MADE by COMMISSIONER PLMMR AND SECONDED NY
COMMISSIONER DAWKINS, THE HEREINAbOVE ITEM WAS CONTINUED TO TiR
NEXT MEETING NY THE FOLLOWING VOTE OF THE CITY COMMISSIOMs
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Was None.
ABSENT: None.
66
•
Mayor Suarez: I guess you are equally aggressive in court, you just rush up
there and grab the Mike, right?
INAUDIBLE BACKGROUND COMMENTS NOT RMIRRED INTO THE PUBLIC RECORD.
- — - ------------------ --------
21. Discussion and withdrawal by applicant (Marta Luz Gordon) of request for
amendment to Miami Comprehensive Neighborhood Plan by changing land use
designation at approximately 51 SW LeJoune Road.
Mayor Suarez: PZ-6.
Mr. Guillermo Olmedillo: PZ-6 and PZ-7 are companion items. PZ-6 is the plat
amendment and the...
Mr. Rodriguez: I understand there sight be an announcment also by the
attorney.
Mayor Suarez: We can always use an announcement- Debbie.
Mr. Plummer: PZ-6 and 7 are together.
No. Debbie Orshefsky: Good afternoon, Mr. Mayor and members of the
Coassission. My name is Debbie Orshef sky, I an an attorney with offices at
1221 Brickell Avenue, representing the applicant on item 6 and 7, and we would
like to withdraw those items from consideration. I believe a letter was sent
by the owner of the property, but it cannot be found in Me. Fox's file. We
just wanted to make sure the withdrawal was considered.
Mayor Suarez: Wait, withdrawals have got to be done by us, no?
Mr. Plummer: Well, it is withdrawn with or without prejudice.
Mayor Suarez: But, what have we got here? We have previously an
indication
that the owner wanted the historic designation, and now...
Mr. Plummer: No, no, this is in reference to Le Jeuna Road to the
school.
Mr. Rodriguez: No, no, this...
Mr. Olmedillo: This is a zoning change and a plat amendment. It
is a zoning
change and plat amendment for a school.
Mr. Dawkins: The lady wanted to build a school there.
Mayor Suarez: Oh, it was their application then.
Mr. Olmedillo: Tea.
Mayor Suarez: And they are withdrawing their application.
Mr. Rodriguez: They are withdrawing their application, meaning that they
cannot apply for the same zoning application for one year, for 12
months, and
they understand that.
Mayor Suarez: Anyone here present to object to that withdrawal of that
application? Lot the record reflect no one has stopped forward. Do we need
to do anything else on this? Call the roll, or do we need to call the roll as
the withdrawal?
Mr. Plummer: No, the applicant can withdraw thoaselvss.
Mayor Suarez: Just announce into for the record that the application has bass
withdrawn. 2
No. Orshefsky: That would be with respect to item number 6 and 7.
Mayor Suarez: Item 6 and 7. Very good, thank you, Debbie.
67 •sit as 17, 0"
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22. D011 REQUEST by applicant (Angel Alduncin) for zoning atlas amendment at
approximately 1905 SW 32nd Avenue.
Mayor Suarez: Item PZ-S.
Mr. Guillermo Olmedillo: Item S is a zoning change application from a duplex
toning, RG-1/3 to a commercial zoning, CR-1/7. The Planning Department has
recommended denial. This particular property is located on 1505 SW 32 Avenue
and you will see that that will be an extension south of the commercial
district. We don't feel that that extension is deemed in that particular
property. What happens when you extend the commercial is that you also extend
the transitional privileges to other people, so what you have is that the
commercial activity is eating up the residential district, not only by virtue
of the property being rezoned, but virtue of the property that is next to it,
which has a transitional privilege, so what you will have is this little
parcel, which is very narrow, and it will be very difficult to accommodate any
parking for a shop or any retail space that is to be created there, would need
then to go into the residential area to tap on the parking. So you are going
to have not only southwards, a movement of the commercial activity, but also
to the east. The Planning Department is recommending denial of the
application.
Mr. Plummer: Is the applicant here?
Mrs. Kennedy: Guillermo, it does not include lot 14, right?
Mr. Olmedillo: It includes only the one in yellow.
Mrs. Kennedy: Just the one in yellow.
Mr. Plummer: Crosshatched.
Mr. Angel Alduncin: Yes, my name is Angel Alduncin. I live at 3145 SW 14th
Street. Well, the reason why I am trying to zone that commercial is because
first, all the neighbors are complaining all the time about the old house in
there, and secondly, all the other lots from eth Street all the way down to
Coral Way, most of them, they are commercial, and business and apartments and
this is half of the block. The other half is a grocery, right next to me. 1
was supposed to bring the blueprint, what I was planning to put in there, but
they were not ready and the lawyer was supposed to be here to represent me
and...
Mr. Plummer: Are there objectors?
Mayor Suarez: Is that the complete presentation from the applicant? OK, from
the objectors please.
Mr. Plummer: Mr. Mayor, can I save ourselves and the objectors a lot of time?
Mayor Suarez: Yes.
Mr. Plummer: I move to uphold the Planning Department and the Zoning Board
and deny the application.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Do we need to put
anything into the record, Mr. Planning Director? - assuming the vote goes in
the direction of the motion?
Mr. Rodriguez: I think it is all in the record and the package you received.
Mayor Suarez: Did you want to address that, or would you be in agreement of
that nation?
Mr. Fred Fernandez: No, air, Mr. Mayor. All of us here are from the
neighborhood, we are in agreement. Thank you.
68 September =1, 1"1
•
Mayor Suaratt Do you want to state your nose for the record, or otherwise?
Mr. Forsandes: Teo, sir, my name is Fred Fernandes, 1910 SW 32nd Avenue.
Also, for the record, I as an employee of the City. This doesn't have any
bearing with sty employment with the City.
Mayor Suarest As for as I know, you are welcome to testify as an employao of
the City. Anything further? What department? Depending on the department,
we will take your testimony, if it is favorable, or unfavorable, no, Just
kidding.
Mr. Fernandes: I may not have sold this, my boss is sitting right over here
with the gray heir and the long sleeved white shirt.
Mayor Suarez: Ah hal
Mr. Plummer: Oh, you swan the ugly one?
Mr. Rodriguez: No's not referring to me, I hope.
Mr. Fornandez: I can't say that, because you'll bust mo back to private.
Mayor Suarez: Colonel, Colonell Call the roll.
Mr. Plummer: Chief Colonel.
Mayor Suarez: Chief Colonel, Colonel Chief.
The following notion was introduced by Commissioner Plummer, who moved
Its adoption:
NOTION NO. 88-852
A NOTION UPHOLDING THE PLANNING DEPARTMENT AND THE
ZONING BOARD'S RECOMMENDATION FOR DENIAL IN CONNECTION
WITH PROPOSED FIRST READING ORDINANCE REQUESTING
ZONING ATLAS CHANGE AT APPROXIMATELY 1805 SW 32 AVENUE
FROM RG-1/3 TO CR-1/7.
Upon being seconded by Commissioner Kennedy, the notion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
MOSS: None.
ABSENT: None.
23. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan -
change designation at approximately 2101 Mil 19th Terrace from Moderate
Density to Modorata-High Density Residential. (Applicants: Moises i
Florence Bichachi).
Mayor Suarez: Item PZ...
Mr. Olmedillot Items 9 and 10 are companion items again.
Mayor Suarez: ... 10, 9.
Mr. Olmsdillo: Mine is
the plat amendment, 10 is the zoning ehango.
MW
applicant seeks a change
a zoning which is RG-2/4, multifamily to W3/5.
MW
Increase is actually an
FAR and height. The FAR Soso from ." to .73.
T11!
Planning Department does
have a problem with rezoning only a portion of
tM
x .revs at'
block, as you can see. The toning, which I must spologize, because there is
so C11-1/7, that should read, CG-1/7, which is on 20th Street. It is a
cossiercisl, liberal commercial toning. The toning that is being proposed, it
Is an RG-2/5, which will take the height limitation off. When you jump from a
sector 4 to a sector S, you no longer have height limitations, and you go, as
I stated, from a .44 FAR to a .73 FAR, so there is a substantial increase.
Nov. the Planning Department, if the application were the entire block, we
wouldn't have a problem because that way you would build a buffer between the
commercial activity, which is a liberal commercial strip on 20th Street, and
the southern portion, which is made up of both duplexes and multifamily
buildings, low scale multifamily buildings. However, when you take that as a
separate application and don't apply the same toning district, or zoning
designation to the rest of the block, you are creating a little island there,
which is different from the rest of the surroundings, so the Planning
Department has recommended denial on both counts, on both the plat amendment
and the toning change.
Mr. Steve Helfman: Mr. Mayor and members of the Commission, my name is Steve
Nelfman, I m an attorney with Fine Jacobson, with offices at One Centrust
Financial Plaza. This is a request to go from RG-2/4 to RG-2/5. What that
means in practical language is that we are asking for approximately 9
additional units that would be built on this property. It converts to about
9,000 square feet and with a 1,000 square foot units, we are talking 9 units.
The comp plan amendment that goes along with this is necessary in order to
change that sector. That, in terms of density, would be 32 units instead of
24. The purpose of this exercise is so that we can build low and moderate
Income housing in the Allapattah area.
Mayor Suarez: Let me ask about that. Where is the river in relation to this?
Can you...
Mr. Heitman: It is fairly far south, probably about a half mile south.
Mayor Suarez: Where does it cut through at that level, 14th Street, 13th
Street?
Mr. Olmedillo: 20th Street. The river is way south of... like 14th.
Mayor Suarez: I know where 20th Street is, I need to know where the river is
at that avenue.
Mr. Plummer: This is right in front of the projects that presently exists,
right?
Mr. Holtman: That's exactly right.
Mayor Suarez: It is not that far away from the river, so...
Mr. Plummer: Which are an absolute disaster.
Mayor Suarez: Well, it is well into Allapattah.
Mr. Plummer: Oh yes.
Mr. Holtman; Oh, it is solid inside Allapattah.
Mayor Suarez: Have we established that we have any objectors to this? Is
there anyone that wishes to be heard against this? Let the record reflect
that no one has stepped forward. We're talking about...
i
Mr. Plummer: This is, I assume, for profit by a...
I
Mr. Holtman: Absolutely. This is going to be a HUD section Q subsidised
project. It In
j greatly needed in this area. This area Is at best run down.
i
Mayor Suarez: Why does Planning recossmend denial?
I
j Mr. Helfmans The toning board...
Mayor Suarez: No, let's ask Planning.
i
Mr. Olmedillo: When you have that property being isolated and...
70 MFtMiwr ;7 <.
�1
1�
Mayor Suarez: He answers the aamy eels.
Ouilleroo.
No hen you answer the tough ones,
Mr. Olmedillo: And what you create actually, is an island of a district,
which has a different character of the rest of the district, because you are
going to have a potential building, which has no height limitations on the one
hand, and it has a higher density.
Mayor Suarez: Can we impose a height limitstion? We can't do that, can we?
Mr. Rodriguez: They might voluntarily proffer.
Mr. Olmedillo: You could if the applicant proffers a covenant.
Mayor Suarez: I'd very such like to he a height limitation. We don't want
to establish any kind of precedent, Counselor.
Mr. Helfsan: The height is going to to a function of the size of the lot and
we can only go so far. Number one, -nobody is going to build a hi -rise
structure here on a half acre of property for low cost housing. You got
special elevatore you need. You can't use... once you go beyond.
Mr. Plummer: Steve, please, don't insult my intelligence, OK? It means
nothing. When you get the change of Zoning, you can do any damn thing you
want, and you know it, OK? Now, all I d saying to you is, speak to the
application, not to this here.
Mr. Holtman: I'll be happy to. I'll be bony to.
Mr. Plummer: You know, because we know that once you get a change of zoning,
tomorrow, you can change your mind and do what you want. Nov, you know that
and I know that.
Mr. Holtman: I'll be happy to. We can oa1T build within what the sectors and
the code permit us to do and their concern about height is really unfounded,
because the property immediately to the north, abutting us, the property
immediately to the east abutting us, is zoned liberal commercial. There is no
height limitation at all. You can put... it is completely unlimited in the
sector that they are in, so that's...
Mayor Suarez: But that is not what was are asking. Are you implying that
because of FAR restrictions you can't go structurally beyond a certain height?
Mr. Holtman: That's correct.
Mayor Suarez: Because that at least is some semblance of an argument and
responsive to the question of the Commissioner and mine.
Mr. Holtman: That's what I was trying to tot to, but aside from that, this is
a project that is greatly needed. We're talking about 9 more units to make
this thing work well. This neighborhood needs this project.
Mr. Dawkins: What's the price of the units on a rental per unit?
Mr. Holtman: The units are going to seat for between $400 and $500.
Mr. Dawkins: How many bedrooms?
Mr. Holtman: Two and three bedroom units.
Mr. Dawkins: And you are going to grt thm m bedrooms for the same price you
get two?
Mr. Holtman: No, 1 said between $400 amd $S00. I don't know, but the three
bedrooms...
Mr. Dawkins: Nothing over $5007
Mr. Kaltman: That's what my client tells ae. Ve have to be competitive with
the market there in order to Set this section S subsidies that we mead, 4".00
71 September 230 low y
Mr. Dawkins: Well, to get my vote it has to be written Is that nothing will
go over $500 a month, nothing at no time, ever. If you saying low income, I
so going to help you stay low.
Mr. Melfman: If I can check with my client, I may be able to give you that.
Mr. Dawkins: Well, you check with your client and tell him if he is saying
low, affordable, I'■ going to keep it low and affordable. Mr. Maxwell, before
he answers, I need... wait a minute now, before you answer, I need Mr.
Maxwell. Come to the mike, Mr. Maxwell, any mike, it don't make no
difference, OK? Nov, is there anything illegal about my saying to him that if
they keep the rent under $500 a month that I can go along with him. Is there
anything illegal about that?
Mr. Joel Maxwell: No air, you can place conditions on it, but they would
probably have to offer a covenant, voluntary covenant doing that. You are not
demanding it. They would offer the covenant.
Mr. Dawkins: I an just telling, I am just suggesting it, I am making a
suggestion.
Mr. Maxwell: It's a suggestion, but in order for it to be binding, they would
have to offer it.
Mr. Dawkins: All right, OK.
Mr. Helfman: Mr. Dawkins, what the market is going to demand at some point,
assuming that this is a terrific building and that we are the pioneer
of it, the rents may be increased. I don't know how long you want
us to agree to do that for, forever, for 50 years, for 20 years? I don't
want...
Mr. Dawkins: What is going to be the size of the units? - the two bedrooms,
how many square fast?
Mr. Helfman: The two bedrooms are 650, 675 square feet.
Mr. Dawkins: Wait a minute now, either they are 650 or they are 675.
Mr. Helfman: Wall, they are in the process of designing it. They hope to get
them to 675, but he tells me they may be as low as 650.
Mr. Dawkins: 650?
Mr. Helfman: Yes.
Mr. Dawkins: Mr. Rodriguez, what is the minimum two -bedroom that we look at?
Mr. Rodriguez: I don't know, sir. I can find you, if you want, from Mr.
Gereaux.
Mr. Dawkins: Beg pardon?
Mr. Rodriguez: I don't know the answer to that. You mean, as to the cost per
unit? I don't know. What do you mean by minimum? Minimum in the rates of
affordable housing?
Mr. Dawkins: Yes.
Mr. Rodriguez: What you can do in this case, which I think that is what you
are trying to get to, is that maybe they might want to proffer voluntarily
that they will hold the rent to the amount that is acceptable as affordable
for that area, as established by the housing agency in the City between the
first and second reading.
Mr. Dawkins: OK, somewhere we've been going through this. We say that a two -
bedroom should have 600 square teat, 700, $00? All I sm saying is that it it
Is going to be affordable, it also must be livable. You do not need a bodroaw
that once you put the bed in there, you can't put a dresser and a cbair in
there, OK? That's all I am saying, so now, that's what I an trying to get to.
I don't need anything affordable it it is not livable. It bas to be
affordable and livable.
72 September 27, IM
0
Mr. Rodriguez: Let me got an ansver for you, one second.
Mr. Wolfson: We will comply with the minimum code requirements.
Mrs. Kennedy: Teo, because 600 sounds awfully small.
Mr. Dawkins: But I used to know what the minimum is though Steve, you seo.
Mr. Holtman: OK.
Mr. Rodriguez: We will get that for you from Mr. Geresux.
Mr. Davkins: Ok, go ahead.
Mr. Plummer: Wall, the question I have is, how long has this owner owned this
property?
Mr. Holfsan: Closed about seven months ago.
Mr. Plummer: OK, and so what he is asking is, in effect, to allow him to
build 9 more units than what he bought that property knowing that he could do.
Mr. Neltman: That's correct.
Mr. Plummer: What is he going to do for the City in return?
Mr. Holtman: He is going to put low cost housing in an area that you said
yourself is in desperate need of it.
Mr. Plummer: That doesn't interest me. That's fine.
Mr. Holtman: Desperate needl
Mr. Dawkins: He is not going to do it and not sake a profit, Steve.
Mr. Plummer: That's fine, and he can do that without the 9 units. Nov, what
Is he going to do for the City? Hey look, the man is going to make a profit
off of those additional 9 units, am I correct?
Mr. Holtman: Yes, well, he will be renting them, and he'll got additional
rent. I hope he sakes a profit.
Mr. Dawkins: Well, if he doesn't you should advise him not to build it.
Mr. Plummer: Yes, please.
Mr. Dawkins: And you are his lawyer, planes advise him not to lose money.
Mr. Plummer: We don't need one more vacated building in that area. No, I
mean, hey, Steve, in all concern, he bought the property, he understood at the
time that he bought it what he could do with it, and now he is coming in here
and asking the citizens of this community to let him do more than what he
fully understood he could do at the time he bought it. Nov, what is he going
to do for the citizens?
Mr. Kaltman: As I said, he is furnishing them with housing which is
desperately needed there. You know that area...
Mr. Plummer: At more profit in his pocket.
Mr. Helfman: When I went up to this property before the hearing, I've got to
tell you, I was approached immediately upon coming to the property to buy
crack and other drugs, I mean...
Mr. Plummer: Nov, if you want to use that argument, you better be quiet,
because I was in there the other night when we chased three purse snatchers to
there, and I am going to tell you it you really want to come down to 4 bottom
Ilae, I don't want any more density in that area, because it can't stand
Mr. Holtman: but the people that were selling the crack and the people t4t
are living in this area on the streets are actually living on this property,
homeless. We need to get rid of that.
Mr. Plurnser: And those people don't hove the $500.
Mr. Melfoan: We seed to get rid of that situation and...
Mr. Fluasser: Wall, I agree with you on that.
Mr. Meltmen: And this is going to be a quality product and this is absolutely
consistent with your comprehensive plan and every single one of you
Cosasissioners, have indicated that this is the type of thing you want to
encourage.
Mr. tluomer: No question.
Mr. Melfsan: I "an, this...
Mayor Suares: Did you want to tender any offer of limiting heighta just so w
know we are not going to have a huge...
Mr. Melfs:an: We are happy to limit height to three floors above our garage.
Mayor Suares: I'm ready to vote on this item.
Mr. llusssar: That's 40 feet. Correct? Is that what it is?
Mr. Rodriguez: Give or take.
Mr. llu�r: 1xcuse me?
Mr. Rodriguez: Give or take, more or less, 40 feet.
Mr. Plummer: No, no, no. No give or takel
Mr. Rodriguez: Well that is what they will save.
Mr. llussser: Give or take, what is it? I'■ asking for the record. Is it 40
feet, is it 58, is it 42?
!!tyor Suarez: 45, what is the maximum that makes sense?
Mr. Rodriguez: Let them answer.
Mr. Flussser: For the record.
Mr. Rodriguez: It's up to the construction that they have. it could be 40
feet, it could be 45.
Mr. Flummer: Too, and it could be 105 feet!
Mr. Rodriguez: I agree, so what I am saying is that they should tell you how
such it should be. 40 should be adequate.
Mr. Molfean: Not to exceed 45 feet.
Mayor Suarez: That's it.
Mr. Dawkins: Forty.
Mr. Nelfasn: We need some flexibility, you know. If you measure it f row
grade as opposed to the flood criteria, sometii & you may exceed that 40 feet.
I an not sure, once you do your site.
Mr. llursaer: What flood criteria? In that area?
Mr. be Turre: Well, as long as it doesn't mean additional storage.
Mr. Nolfoan: I don't know what it is there, but it may be different.
i,
Mayor Suarez; Nov about limiting it to the... how did you defise it fa to
of the stories?`
�P
M .
74s� a
as
Mr. Helfman: Three stories above the... the ground level is parking
underneath, so it is three stories above that ground level parking.
Mayor Suarez: All right, and you are going to make stories sort of normal
sited stories, with mettanines and stuff, right?
Mr. Melfinen: If that's what this Commission wants, that's what will happen.
Mr. Dawkins: Whet is the limit for a story in feet?
Mr. Plummer: There is none.
Mr. Rodriguez: There is no limit.
Mr. Dawkins: So therefore, if he wanted to make each floor 20 feet high...
Mayor Suarez: Up to $0.
Mr. Dawkins: ... they are 60 feet
Mayor Suaret: Plus the ground level parking, so...
Mr. Rodrigues: He could do that, but it would be economically infeasible...
Mayor Suaret: OK, 50 maximum?
Mr. Rodriguez: He could do that, but it would be economically difficult for
him to do that, because it will be too expensive.
Mr. Helfman: I said 45 and we are willing to live with that.
Mr. Dawkins: Well, I'm not, so what do I care? I mean you live may be
willing to live with it, but I would not be willing to live with it, so what?
Mayor Suarez: Well, he's got to tender it because...
Mr. Dawkins: but I got to vote, so what... now he may have four other votes,
but I got one vote! And I'm not willing to live with that.
Mayor Suarez: OK, do you want to decrease your offer of a height restriction?
Mr. Dawkins: What is giving up for the 40 fast? I mean, what is going to
give the City back for the 40 fast?... 45 feet.
Mr. Helfman: If the Commission...
Mayor Suarez: We are going to get into that right this vote, because I'm
going to ask about the...
Mr. Dawkins: You used to get into it before the vote.
Mayor Suarez: Well unfortunately, under the law, I don't know that we can,
but...
Mr. De Yurre: Well, I think...
Mr. Plummer: No, but I beg your attention to calling and looking at 21st
Avenue. What is the width of 21st Avenue?
Mr. Helfman: Let me suggest another give and take, here, that we may be able
to resolve this completely.
Mr. Plummer: Let me get an answer. What is the width of 21st Avenue?
Mr. Olmedillo: That's a very small street, about 30 feet, and...
Mr. Plummer: You damn right it is.
Mr. Olmsdillo: Right, it is about 20 test and thou you have the basketball
courts on the other side, where it says, Chula Vista Coster.
Mayor Suarez: Did you say basketball courts?
?S►Li�Miss !#,
Mr. Olmedillo: There is... yes.
Mayor Suarez: basketball courts? Nov I'm interested.
Mr. Olmodillo: Right there on number 4, to basketball courts and that
property Chula vista Center is vacant right now.
Mr. Helfman: Mr. Plummer, let me suggest something that maybe will, in the
give and take process, my client would voluntarily, in return to the
community, contribute a sum of $5,000 to the parks improvement fund in the
City of Miami.
Mr. Plusmar: I will accept a number, and that number is adequate, in my
estimation, but lot ma tell you something, my friend. Ha's got to spend that
money at the discretion of the Planning Department to fix up that area. That
area, it cries out for attention, and I'll tell you...
Mr. Helfman: We'll be happy to make the contribution to the City's Public
Yorks Department for improvements to the roads in the Immediate area.
Mr. De Turret Hold it, I've got a better idea. We're talking about $5,000?
Yesterday Rosario had a press conference to announce, vaguely, from sly
understanding is, to start a program for the youth at our parks, and we are
talking about... you were talking about getting private funds for that. I'd
like to see those $5,000 go into that program to get the program started.
Mr. Plummer: You know victor, I would may under normal circumstances, I would
agree to it, and I'll help in every way possible, but I beg you to go to that
area and realize the need that exists on that particular locale. You can't
believe how bad it ist
Mr. De Turret Maybe the park's right there.
Mr. Plummer: $5.000 is going to do something.
Mayor Suarez: You know, I remember reading some kind of a story about people
arguing about something that didn't have just yet. Why don't we grab the
$5,000 and put it into some worthwhile City endeavor. That sounds like a good
one to me.
Mrs. Kennedy: Remember also, we have the day care...
Mayor Suarez: We all agree, we all agree, that's it. Do we have a motion?
Mr. De Turre: I move it.
Mayor Suarez: With that proviso?
Mr. De Turret Under those conditions, that's right.
Mrs. Kennedy: Second.
Mayor Suarez: With that tendered. Seconded.
Mr. Plummer: Nov, let's define for the record. That voluntary donation of
course, is up to him. Also in the record, is the height of 45 feet. not to
exceed. correct?
Mr. Helfman: I understood that this was the trade-off, but...
Mr. Plummer: No, the trade-off is for nine additional units.
Mr. Helfman: OK.
Mr. Plummer: Not to exceed 45 feet and vhat was your condition in referents
to the rentals or whatever?
Mr. Dawkins: That they be affordable and livable.
Mr. Plummer: Oh, OK.
76
Mpt"bear 270 is"
Mr. Dawkins: Mow, but before I go any further...
Mrs. Kennedy: Teo, but before we vote, we should define that.
Mr. Dawkins: Vhstever the minimum is...
Mr. Rodrigues: Minimum site at not less than 550 feet for one bedroom and 650
square feet for two bedrooms.
Mr. Dawkins: 650 is the ■inimun, all right, and affordsble.
Mr. Rodriguez: The height as defined by the housing agency for that area,
which I understand is 15 percent over the median, but I want to make sure that
In case there is any change at that point, that we can go with that criteria.
Mr. Dawkins: OK, now I usually don't vote against the recommendation of staff
and this is one tine I don't want to go against the recommendation of staff,
but this Commission has gone on record of attempting to provide affordable
housing, and since this is going to be affordable and livable, this time I
will go against the recommendation of staff who voted to deny it, but if they
don't scot the criteria for affordable and livable, I want it put it that this
doesn't hold up...
Mrs. Kennedy: For the same reason, Commissioner Dawkins stated, plus I think
It is going to be a good buffer between the commercial and the liberal zoning
to the north and the low density to south, I vote for that.
Mayor Suarez: Moved and seconded with those provisos. Call the roll. I'm
sorry, read the ordinance.
Mr. Fernandez: OK, but Mr. Mayor, it should be made clear that the item that
you are voting on right now is really by way of motion, so that there would be
covenants that would be attached to the ordinance that we're passing.
Mayor Suarez: Teo, on second reading, yes.
Mr. Rodriguez: And that would relate to item number 10 only, not number 9.
Mayor Suarez: OK, on 9, I entertain a motion on 9, then.
Mr. Fernandez: No, you should first do 9 separate and then we do get to 10,
wedo...
Mayor Suarez: That's what I am saying, I am entertain a motion on 9, then.
Mrs. Kennedy: Yam, I so move.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 2101 NORTHWEST 19
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO
MODERATE -HIGH DENSITY RESIDENTIAL; AND MAKING
FINDINGS.
Was introduced by Commissioner Kennedy and seconded by Cosasissioner
Dawkins and was passed on its first reading by title by the following vote,
77 September 270 1"1
•
ATESr Commissioner victor be Turr•
Commissioner Miller J. Dawkins
Commissioner J. L. Pluwser, Jr.
vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOESr 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 Cossission and
to the public.
24. FIRST READING ORDINANCEr Amend zoning atlas at approximately 2101 NW
19th Terrace from RG-2/4 to RG-2/5. (Applicants: Moises i Florence
Sichachi).
Mayor Suarese Item 10 now with the provisos or tenders that will be soda into
a restrictive covenant before second reading. Do we have a motion?
Mr. Plummer: So moved.
Mayor Suarez: Moved and seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE Of THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION (SECTOR
NUMBER ONLY) OF APPROXIMATELY 2101 NORTHWEST 19TH
TERRACE, MIAMI. FLORIDA, (MORE PARTICULARLY DESCRIBED
MEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO RG-2/5
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 26 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record sad
announced that copies were available to the members of the City Cemmissioa OW
to the public.
r
23. ZONING APPLICATIONS TO CONTAIN NOMEOWNER'S NAME AND ADDRESS: Direct
Administration to ensure that all applications bear such information.
Mr. Plummer: Sergio...
Mr. Rodrigues: Rodriguez.
Mr. Plummer: ... Rodriguez, I would like to see in the future...
Mr. Rodriguez: Teo, sir.
Mr. Plummer: ... on these applications, identifying the owner of property,
the address and location residence of the owner.
Mr. Rodriguez: We'll do that.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, I would like to see, where it says here, the City
Commission is the owner of record, I'd like to see the address, the home
address of the owner, you understand? You know what I'm doing?
Ms. Gloria Fox: Mr. Plummer, on applications for change of zoning variance,
special exception, the applications are often filed by the attorney. Often
all we have is a "care of" and the attorney's address.
Mr. Plummer: I would like to see the home address of the owner, OK? - to see
If these people are concerned about their community in which they live, if
they live here. Thank you, sir.
Mayor Suarez: A lot of time we ask them to, so maybe we can formalize that
by always having that in advance.
26. FIRST READING ORDINANCE Amend zoning atlas at approximately 5135-5175
MW 7th Street (General Antonio Macao Park) from RG-3/6 to PR Parks and
Recreation.
Mayor Suarez: PZ-11, the City's application, what it is doing with Antonio
Macao Park.
Mr. Plummer: Novo it.
Mr. De Turre: Second.
Mayor Suarez: Seconded. What are you doing, for the record?
Mr. Joe McManus: This is a formality to rezone the park as a park and
recreational use to match the comprehensive plan, to facilitate reception of
grant monies from the state.
Mayor Suarez: That's always a good thing to do. Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING DESIGNATION
FROM RG-3/6 GENERAL RESIDENTIAL TO PR -PARKS AND
RECREATION FOR THE ARIA LOCATED AT APPROXIMATELY 5135-
5175 NORTHWEST 7TH STREET1 MIAMI, FLORIDA (MORE
PARTICULARLY DESCRISED HIREIN)= MAKING FINDINGS; IT
MAKING ALL NECESSARY CHANGES ON PAU MOIR ZS AND OF
SAID ZONING ATLAS.
ai
79 S�ptir i�� l
Was introduced by Commissioner Plummer and seconded by Commissioner De
Turre and was passed on its first reading by title by the following
ATiS: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
27. SATSIDE SPECIALTY CZMTER MAJOR USE SPECIAL PERMIT: Continue
consideration of request to amend said permit to the October meeting.
Mayor Suarez: Item 12, major use special permit amended.
Mr. Rodriguez: Item number 12, I Mould like to continue to the meeting of
October 27th.
Mayor Suarez: I entertain a motion to continue that to the October meeting.
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mr. Dawkins: Under discussion.
Mayor Suarez: Seconded. Under discussion.
Mr. Dawkins: When you bring it back, you increase Sayaide's property by
47,000 feet. Tell me how such revenue that produces for Sayside when they
rent it, since each time they come down here they say that City of Miami never
gives them anything, and we are giving them the right to add 47,000 rental
square feet.
Mr. Rodriguez: We'll give you that answer for the next sleeting.
Mr. Plummer: Well, I think you also... excuse me, Mr. City Attorney...
Mr. Fernandez: Yet, air.
Mr. Plummer: I think you better make aware that that is a provision within
their original lease that they have an option on, that I don't think is
necessarily negotiable.
Mr. Dawkins: I don't mind about... no, I don't care about it being
negotiable, J.L. I just vast to put on the record...
Mr. Plummer: For the record, how such more.
Mr. Fernandaz: Yes.
Mr. Dawkina: ... how such more money. No, we are not trying to stop it, but
every time they come down here and say that we don't give therm anything, I
need to point out that we just, you know, we allow you to add 47.000 agW4
feet to your rental space.
Mayor Suarez: Call the roll on that emotion to continua.
MOTION TO CONTINUK
ii
�a
so 50044"Ir #it
n
ram-
0
0
ON NOTION DULT MADE IT COMMISSIONER PLUMKjjR AND SECONDED IT
COMMISSIONER DE TUPM , MEREINABOVE ITEM WAS CONTINUED TO THE
MEETING Of OCTODER 27, 1998 IT THE FOLLOWING VOTE OF THE CITT
CQMISSION:
ATES: Commissioner Victor De Turre
Cems iesioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENTS None.
26. 1111 BRICKELL AVENUE DRI: Approve preliminary development agreement
between Florida Department of Community Affairs, 1111 Brickell
Associates Limited and the City of Miami concerning said DRI.
Mayor Suarez: Item PZ-13. Did we already do that? No, Just back for another
one.
Mr. Dawkins: What is this?
Mr. Plummer: Why is this back here? Was this the Channel Six building?
No. Debbie Orshefsky: Us, that's correct, that's the site.
Mrs. Kennedy: Is it just procedures?
Ms. Orshefsky: It is a purely procedural agreement. Substantively it will be
back to you probably within the next three to six months.
Mayor Suarez: I'll entertain a notion on it.
Mr. Dawkins: Move it.
Mrs. Kennedy: I move it.
Mayor Suarez: Seconded, call the roll.
AT THIS POINT, THE CITY CLERK BEGAN ROLL CALL.
Mr. Plummer: I'm going to vote yes, but I might change my mind. Lot me look
up something here. Go ahead, yes. Excuse me, who is the owner of record of
this building?
Ms. Orshefsky: It's a partnership, 1111 Brickell Avenue Associatos, the
principals of whom is the Worms Bank, a Swiss and French bank.
Mr. Plummer: Say again?
Ms. Orshefaky: The Worms Banks, a European banking group based in Switzerland
and France.
Mr. Plummer: And they've already demolished the building.
Ms. Orshefsky: The site has been cleared and is just waiting for final
approval _
Mr. Plummers But the thing I don't understand, you are saying here
y ng , appsoVlst
the agreement regarding the 11 between the Florida Departsmat of Corueity
Affairs. Did you apply direct without a DRI, of the localt
Ns. Orshefsky:
No, this devolopment was approved in 19850 with a
1Ml
development order
still remains in effect for 789,000 square fast of effiaa
`
space, and $0,000
square feet of retail. We are now proposing to seduce
tie
office, increase
the retail and add a suits hotel. Because the do"to�n►
• 1 �trNes �'� �
i�
5 ��.
Pk
development order effects this site, we now have to go through a rather,
unfortunately, cumbersome procedure, because the statute doesn't sake it easy
for thee* types of change*.
Mayor Suarez: out we are not approving any of that today?
no. Orshefsky: You are not approving anything substantive today, only
establishing a procedure for the review.
Mr. Plummer: And that procedure is?
Mayor Suarez: Roughly?
Mr. McManus: Well, they have to go ahead and apply to amend their original
DRI, go through a substantial deviation procedure, and come back around...
Mayor Suarez: From their own DRI, not from our master DRI?
Mr. McManus: No. Then come back around •gain and within our downtown DRI,
apply for an added increment, and what they are saying is, 'Look fellows, we
don't want to be working along on this for two, or three or four months and
then have the Florida Department of Community Affairs, or the City of Miami
say, no, no, you are using the wrong procedure, you have to go back to square
one. This way, you've got a road sap for them to follow, to track about four
different items. You are not approving anything substantively today on the
project. What you are saying is, you are approving the way we are routing all
this paperwork.
Mr. Plummer: All right, the only question I guess I really have is, how many
hotel rooms do you propose?
Ms. Orshefsky: 256 suite -hotel rooms.
Mr. Plummer: OK, you see that is the area where I have a concern, because of
the overall DRI, you are limited to 1,000, until the year 1992. Now, they are
going to be putting 250 of those...
Mayor Suarez: About a fourth of what is...
Mr. Plummer: Of 25 percent of what we are going to be allowed to do in the
downtown area, until the year 1992, without some major concessions on the
City's part. That's the area of concern.
Mayor Suarez: No, but when all of that comes back, we have... how many
opportunities will we have to consider that?
Mr. Rodriguez: It will come back to you. At that time, you can make a
decision. In addition to that, they will have a time limitation by which they
have to exercise their option of building the unit. If they don't, they will
lose the credit, so I mean, we have certain controls.
Mr. Plummer: Wall, OK, that's the only area I've got a concern.
Procedurally, let's go ahead, I don't have any problem with it.
Mr. Joel Maxwell: Mr. Mayor, one thing that C, ission*r Plumm*r, one point
that he raised is important to note too, the Captain I heard mentioned several
tints, 1,000 rooms and so forth and 7,000,000 square feet. If we reach any of {
those caps before 1992, there is nothing to keep us from applying... 1
Mayor Suarez: We can apply them both to the second phase, we know that.
Mr. Maxwells To start the procedure, for moving into it, it is not automatic.
Mayor Suarez: Let me just, for my own sake, clarify for the record, not to
contradict you, but this is not road map we are approving here. Well, it is a
road map, but it is because we got everybody hopelessly lost in the woods and
now we have to provide a road sup to be able to cane out, and I don't say we,
meaning the City. I think the state, with this incredible procedure.
Ms. Orshefsky: Mr. Mayor, the state agrees with you and is trying to Correct
the statute.
62 fe* 40ber 27, l"I
0
0
Mayor Juarez: I hope they do, I am not that optimistic.
No. Orchefsky: We're working with them to do it.
Mayor Suarea: OR, call the roll.
The following resolution was introduced by Commissionar Dawkins, Who
moved its adoptions
RESOLUTION NO. 88-653
A RESOLUTION APPROVING AN AGREEMENT REGARDING THE 1111
BRICKELL AVENUE DRI, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE FLORIDA DEPARTMENT OF
COl MITY AFFAIRS, 1111 BRICKELL ASSOCIATES LIMITED
AND THE CITY OF MIAMI; ESTABLISHING PROCEDURES FOR
REVIEW OF PROPOSED CHANGES TO SAID PREVIOUSLY APPROVED
DRI; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
29. APPROVE MODIFICATION OF EXISTING RESTRICTIVE COVENANTS regarding
property owned by Leonard A. Ralby and Ralby-Allen Real Estate
Partnership at approximately 2606, 2612, 2620 and 2630 SW 28th Street.
Mayor Suarez: PZ-14, we want to get quickly to your item, Mr. Ralby.
Mr. Olmedillo: PZ-14 is an application to amend the restricted covenant that
was before you. You may remember, this property from 28th SW, right behind
the Burger King, 27th Avenue, 28th Street. At the time of the zoning change,
one of the conditions that Commissioner Plummer had requested was a five-foot
wall. Nov, what happens is that anyway, because of the zoning classification,
the change in zoning, classification from one site to the other one, they must
provide a six-foot wall, not only a five-foot wall, as you had requested, but
a six-foot wall. Nov, this particular application is waiving that particular
request of your five-foot wall, leaving on the six-foot wall. Now, what we
know from the applicant is that...
Mr. Plummer: Now far apart are the two walls? - or would they bet
Mr. Olmedillo: No, they will not be apart. The six-foot wall will take care
of both the five-foot wall and the six-foot wall. Now, this will allow...
Mr. Plummer: go what's the problem? You are actually going a foot higher
than I asked.
Mr. Olmedillo: Right. The zoning regulations require the six-foot well, so
It was redundant to have a five-foot wall and a six-foot well. Now, place
It's part of the covenant, vhat this allows them to do is that at a later
dsts, they can apply for a variance if you Chose to waive the five-foot Mall.
A variance for the six-foot wall, which is required by toning, and o►tala s
variance from the Zoning Board, to approve either deferral on the building of
the wall, which is what I understand the applicant is seeking, or just the
93 September 37, 1M
eemplste waiving of the wall there by a variance, so it is a two-step deal.
first, they cows to you to waive the five-foot wall, which is in the covenant.
Then they go to the Zoning board, they say, nov the six-foot wall, which is
required by coning, we want to dater it or just waive it and than that would
be an issue before the Zoning board.
Mr. Plummer: Are you saying, defer it, or waive it?
Mr. Olsedillo: You can do either.
Mr. Plummer: No, the second step. The second step, you said, go before the
Zoning board...
Mr. Olmedillo: They say choose...
Mr. Plummer:... and ask to defer, is that the word?
Mr. Olmedillo: The construction of the wall, or to valve it entirely.
Mr. Plummer: but, actually what we are handling before us today, is only...
Mr. Olmedillo: The five-foot wall.
Mr. Plummer: ... the five -toot wall.
Mr. Olmedillo: Containing the covenant.
Mr. Plummer: And if it is not valved, or not deferred, then they've got to
build a six.
Mr. Olmedillo: They got to build six anyway, but they wouldn't be able to go
for a variance.
Mr. Plummer: Why did you lot me make a fool out of myself by proposing the
five-foot when you knew it was six?
Mr. Olmedillo: I was waving my hands, but you didn't see me, sir. I'm sorry.
Mayor Suarez: Sometimes you don't need any help.
Mr. Plummer: And your thinking about moving on Tigertaill
Mr. Olmedillo: for the record, we don't have any problem with the waiving of
the five-foot wall.
Mr. Plummer: Well thanks, I mean, you know! Is there anybody here objecting
to the five or the aix? I move item 14, Mr. Mayor.
Mrs. Kennedy: Second.
Mayor Suarez: You heard my answer on the neighborhood, right? I'm going to
let my kids run in your neighborhood for a couple of weeks until the prices go
down and than 1'11 buy.
Mr. Fernandez: Yes.
Mayor Suaraz: Do we have a motion and a second? Call the roll.
0 0
The following resolution was introdmced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. SO-854
A RESOLUTION APPROVING AN AMENDMLWT TO THE DECLARATION
OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND DATED
JUKE 23, 1957, FOR THE PROPERTY OWNED BY LEONARD A.
RALST AND RALBT-ALLEN REAL ESTATE PARTNERSHIP AND
LOCATED AT APPROXIMATELY 2606, 2612, 2620 AND 2630
SOUTHWEST 28TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN) TO THE REQUIREMENT FOR
A FIVE FOOT (5') HIGH WALL, SUBJECT TO EXECUTION, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, OR A SECOND
COVENANT WHICH SHALL PROVIDE FOR THE CONSTRUCTION AND
MAINTENANCE OF A SIX FOOT (69) HIGH WALL AND WHICH
SECOND COVENANT SHALL ONLY BECOME OPERATIVE IF A
PENDING REQUEST FOR ZONING VARIANCE IS DENIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City CJerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Steve Helfman: Thanks, Mr. Mayor.
Mayor Suarez: Hey, you got too many today from us. Can't char&• the clients
twice now.
30. RESTRICTION OF VEHICIULAR TRAFFIC IN NORTH COCONUT GROVE: Authorise
Administration to expend $5,000 for proposed restriction at seven
specific locations.
Mayor Suarez: PZ-15. What are we discussing on this?
Mr. Plummer: Is this the one on Aviation?
Mr. Jim Kay: Yes, sir. This is just a item to make you aware of where we are
on the implementation of the closures along Aviation and 27th Avenue and that
Is that we really have not gotten anywhere with implementation due to the fact
that the homeowners have not been able to some with the funds yet, for the
temporary closures.
Mr. Plummer: Now such money can you be talking about?
Mr. Kay: About $720 per intersection.
Mr. Plummer: And how many intersections?
Mr. Kay: Oh, we've got seven intersections Dare, seven intersections that are
supposed to be closed.
Mr. Plumsaer: Mr. Mayor, I move that this Commission expend a sum not to
exceed $5,000 to pay for the closing of the latersection.
Mayor Suarez: to moved.
95 :e'vtlo*fF 27. #
Mr. Plumsaer: They all want it, and it's working out very wall.
Mr. Dawkins: I don't live over there.
Mr. Plummer: Neither do I.
Mayor Suarez: What do the rest of the neighborhoods Sot in exchange for this?
Mr. Plummer: Reduced amount of traffic in their neighborhood.
Mr. Dawkins: I second.
Mr. Plussser: As the same thing we did for Sells Meade and all of the rest of
them.
Mayor Suarez: now about some money for our trust fund? We have s motion, do
we have a second?
Mr. Dawkine: Second.
Mr. Plummer: Wall, wait a minute, let me ask one question. Will $5,000 do
It?
Mr. Kay: Well, that will do it, yes.
Mr. Rodriguez: Close. Is that $5,0007
Mr. Plummer: OK, well no, let me do it another way.
Mr. Rodriguez: $6,000 is nice.
Mr. Plummer: Let me make it to $7,500, not to exceed $7,500, and that will
give you the latitude.
Mr. Kay: OK.
Mr. Rodriguez: Of course, the administration recommends against this.
Mr. Plummer: The what?
Mr. Rodriguez: The expenditure of funds on the barricade.
Mr. Plummer: So we need a new administration. I don't see anything wrong
with that. I mean, hell, you know.
Mayor Suarez: Over the objections of the administration, we have a motion and
a second. Any further discussion?
Mr. Plummer: You mean the former administration.
Mr. De Turret I've a question, Mr. Mayor.
Mayor Suarez: Acting City Manager Sergio Rodriguez recommends. Yes.
Mr. Plussaer: He's acting all right, acting all along.
Mr. Rodriguez: Very fast out of here.
Mr. be Turret On this structure that we drive by constantly and we have to
end up in from a three lane, sometimes we end up with a one lane. I'd like to
get... well, with this Aviation, isn't that the 337 OK, because I have some
Issues with that Miracle Center coming up next.
Mr. Plummer: Oh, so do I.
Mayor Suarez: Call the roll on 15.
Mr. Plummer: They've been bad people.
Mayor Suarez: On the motion on 15.
!i
The following notion was introduced by Commissioner Pluraw r, who moved
Its adoption:
MOTION NO. 58-955
A MOTION AUTHORIZING THE CITY ADMINISTRATION TO EXPEND
A SUM NOT TO EXCEED $7,500 TO PAY FOR THE PROPOSED
RESTRICTION OF VEHICULAR TRAFFIC AT SEVEN LOCATIONS IN
FORTH COCONUT GROVE. (NOTE: MORE SPECIFICALLY, ALONG
SW 27TH AVENUE, AND AVIATION AVENUE NORTH OF TIGERTAIL
AVENUE, LINCOLN, TRAPP, SWANSON AND INAUGUA AT THEIR
NORTHEAST INTERSECTION OF AVIATION, AND INAUGUA,
LINCOLN, TRAPP AT SW 27TH AVENUE.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Mr. Plummer: Tell the people of that neighborhood, Marry Christmas.
31. MIRACLE CENTER: Amend Major Use Special Permit at approximately 3301-
3501 Coral Way.
Mayor Suarez: PZ-16. Your client wanted us to take this out of turn, because
he had to be somewhere?
Mr. Al Cardenas: No, it is in turn, you didn't take anything.
Mayor Suarez: No, we didn't.
Mr. Cardenas: I would never want to impose anything on this...
Mayor Suarez: Once or twice in our lives we've taken something out of turn,
but usually not because the client wants to be someplace, or something also
terrible about to happen and...
Mr. Cardenas: Fortunately, you know, things worked out.
Mayor Suarez: You see how quickly we move now, since w* have a new
Commissioner? Yes.
Mr. Olsedillo: Item 16 is for property located on Coral Way and 33rd Avenue
and back in October, 1986, this Commission issued a resolution, 66-634, to
approve a major use. The ordinance reads very clearly that any changes have
to be brought back to this Commission and this is what we are doing now. Vhst
they intend to do is shift uses. The square footage, the total square footage
remains the same. What they are doing is that they have a number of rooms,
number of apartments, and they are decreasing the number of apartments. The
they are increasing the square footage par restaurants, and they are
decreasing the square footage for retail. They, in their application, they
showed the figures, the total traffic impact is about a two percent increase
on the initial impact. The Planning Department...
Mr. Plummer: But no increase in parking.
Mr. Olmedillos Thar* is a slight increase in parking, yes, sir.
Mr. Plummer: It is not what it said, I read. The number of parkin; spsaes
would remain the save.
67 September 27 t 1Mi
v
0 •
Mr. Cardenas: Mo. May I, for the record, my name is Al Cardenas. I am here
on behalf of the developer and applicant. The square footage of the parking
remains the same. That's where you got that figure, Commissioner. You are
right, it is 315,000 square fast in either event, but because we have
reconfigured the parking spaces, we have now increased the spaces from 998
spaces, to 1,022.
Mr. Plummer: So you made compact spaces.
Mr. Cardenas: No, not necessarily. Ye haven't altered the ratio
substantially. We reconfigured the layout for a parking lot.
Mr. Plussser: Counselor, have you seen the letters from the neighbors?
Mr. Cardenas: Teo. Let me, if I can add the following statement, if I can
then... I didn't know if Mr. Olmedillo was finished or not. I'll be...
Mr. Olsmdillo: I just wanted to call to your attention to page 12 in your
packet, where there are two columns of the approved square footage of the
building area and the actual square footage of the building area. They show a
difference there and that is what we were alluding to in our presentation.
For the record, we see no problem, we recommend approval of the major use
amendment.
Mayor Suarez: You said two percent change in the transportation impact,
which...
Mr. Olmedillo: In the traffic impact in the area.
Mayor Suarez: Right, which way? Two percent...
Mr. Olmedillo: , bigger impact.
Mr. Cardenas: Translated, Mayor, that means that during peak time hours, that
Is when that increase is applicable in the p.m. peak time hours there will be
six more car trips coming to and six more car trips leaving the facility.
Mayor Suarez: What are those defined as, the peak time hours?
Mr. Cardenas: 4:00 to 6:00, 4:00 to 7:00.
Mayor Suarez: Oh, peak as we see them, in other words, peak time from the
viewpoint of...
Mr. Cardenas: Peak time from a standpoint of...
Mayor Suarez: ... rush hour type peak time.
Mr. Cardenas: Right. In other words, there are a total of six additional
cars projected to be entering and six additional care projected to be leaving.
Mayor Suarez: Does our peak hour, you know, as ve looked at transportation in
that area, in transit in that area, happen to be the same as the expected peak
hour for the activity in this complex?
Mr. Cardenas: Yes, 4:00 to 7:00. Wall, the complex peak time hours last an
hour or so longer.
Mayor Suarez: I would think so, I would think it would be a little bit on the
later side.
Mr. Cardenas: Teo, air, right. basically, you know, as was stated of Mr.
Olmedillo, I want to briefly tell you the following. One...
Mayor Suarez: You still have ten movie theaters over there? That was part of
the reason I was asking.
Mr. Cardenas: Right. For example, and we have the same building envelop.
We've increased the number of parking spaces, same square footage for both
parking spaces and for the facilities. Let so give you one example. Instead
of 44.000 soma square feet for the ten movie theaters, it is now 50.000 square
R gg September 37, 1"1 o
feet= however, the seating is exactly the same, so that you are not increasing
the number of seats on the parking theater and you are not increasing the
square footage. I have here also with us, and this is in direct response to
Commissioner Plu mer's concern, Mr. Chuck Hassler, whom as you know, is the
president of the Coral Gate Homeowner's Association, they have reviewed our
proposed plans. They have reviewed our proposed modification and Mr. Hessler
has been kind enough to be here, Commissioner Plummer, on behalf of the
association, to tell you that the homeowners have reviewed the proposed
change. They understand that it In an internal tan and mix situation. It is
s slight change from the original major use special permit.
Mr. Plummer: That's not the letter I sm talking about, Mr. Cardenas.
Mr. Cardenas: All right.
Mr. Plower: I am talking about the letter where the neighbors are asking
that the wall be built in the back immediately to separate then from the filth
and the dirt.
Mr. Cardenas: I see.
Mr. Plower: Have you driven on 33rd Avenue?
Mr. Cardenas: Teo, I have good news for you. I have good news for you.
Mr. Plummer: Not me, for the neighbors.
Mr. Cardenas: For the neighbors. That wall has now been completed. It is
constructed, it is completed, it's there.
Mr. Plummer: Have you driven 33rd Avenue?
Mr. Cardenas: Ten, I have driven by it.
Mr. Plummer: Absolute disgrace, the way that street has been kept, and it is
a major exit for the theater.
Mr. Cardenas: Well, I will tell you this that we plan to have completion of a
full structure, building, landscaping and so forth, by the second week of
November. The reason why we're here, of course, to have a modification of a
major use special permit is so that the CO can be obtained on a timely basis.
There is a compliance report, I don't know if you've seen it or not, about
this thick, showing that every single conditions set forth in your original
major use special permit of 1986, has been complied with. I understand what
you're telling me and it's difficult, at best. That's a difficult area to
undertake this project. I'm pleased to inform you that all the construction,
the heavy construction and so forth that the neighbors are mostly concerned
about, is now reaching the down curve rapidly. It'll be concluded within a
space of two months or less. You'll have all the landscaping in place, you'll
have all of the things that need to be in place and, contrary to public
opinion expressed by some members of the Commission, I assure you that by the
time the structure is completed, all of us are going to be very pleased with
It esthetically.
Mr. Plummer: Al, the only comment I've got, I realise construction sites are
not supposed to be beautiful.
Mr. Cardenas: Yes, sir.
Mr. Plummer: But, damnit, you can clean it up a little bit.
Mayor Buares: Yes, 33rd is not in real good shape, to put it mildly.
Mr. Plummer: I mean, there is mud on 33rd Avenue that is strictly
attributable to your project and, you know, the neighbors have the right of a
little peace and tranquility to have the site kept clean. That's all I'm
saying.
Mr. Cardenas: Tom. I understand.
Mr. Plummer: Does the owner understand?
89 Nptember 27, 1966
Mr. Cardenas: Yes, he does. "&,a right here.
Mr. Plummer: I'll slave it.
Mayor Suarez: Moved.
Mr. De Turre: A couple of things I want to discuss first.
Mr. Plummer: Oh, OK.
Mr. De Turre: As far aa, and I'm only like four blocks away from there, I
don't know if there's any discretion at all as to when they block the traffic
lanes, when they can't block the traffic lanes, how many lanes can they block,
bow many lanes can't they block on Coral Way, while they're doing the
construction work.
Mr. Plummer: Well, I can tell you that because I raised hall here at a
mating about it. The had - I drove down there one time, they had two lanes
blocked and they only have a permit from the police to block one.
Mayor Suarez: Is that something that has to be worked through your
department?
Lt. Joseph Longueirs: Yes, sir, we've...
Mayor Suarez: Do You want to express our concerns so that they can take it
into account?
Mr. De Yurre: Well, I just want to have some idea what he knows now and than
I just don't want... you know, I mean like it stops traffic cold and it can
happen at 4:00 o'clock in the afternoon during rush hour or any time of the
day.
Mayor Suarez: How do you usually handle that, Lieutenant?
Lt. Longueria: All right, they were given a permit to close one lane of
traffic for the - mainly they need it when they had the big cranes there - one
Ian* of traffic without the use of a police officer. When they went to two
lanes, they needed a police officer. The day in question that you asked us
here, they were in violation that they did not have a police officer. We have
officers that go out and check these sites. How many times they can check
them with all the construction going on, I can't tell you but they do go out
and check them. I sent somebody out that day.
Mr. Plummer: Why do you need an officer to do that?
Lt. Longueira: Because of the impact on traffic and safety.
Mr. Plummer: But why an officer? Why a policeman?
Mr. De Turret As opposed to a...
Mr. Plummer: Another one of the areas that I'm concerned that you're using
policemen not for police work. Go ahead.
Lt. Longuaira: I consider traffic flow and traffic safety and accident
prevention police work.
Mr. Cardenas: Let mm, if I can, also answer this question, Commissioner, the
type of construction activity that require the two lane blockage which was the
imposition on the neighborhood, has now been concluded. There will not be a
further need, from now through the completion of the project. We're entering
into the finishing stages, as you know, for further us* blockage of two lanes.
When I said the worst is over, it's literally correct. That phase of
construction that required that heavy equipment that blocked two lanes, is now
completed, it's over, it won't happen.
Mr. Plustmer: They're not blocking any lanes now, as I recall.
Mr. Cardenas: That's correct. And, not only that, but...
s0 iBptel�MaP x7, 1l�t .:
Mr. Plummer: Except on 33rd Avenue.
Mr. Cardenas: Right. Arrangements have been made to make sure that there's
an officer all the tine and we apologize for that thing.
Mr. De Turre: Another thing, I'd like to get our City department in charge of
this to go out and physically measure the set backs on this property.
Mr. Guillermo Olsmdillo: That will be approved in the zoning department
through - with those inspections.
Mr. De Turre: You know, not from the survey that's there, I'd like to have
our own people check it out and measure it.
Mr. Plumm r: Get Danny Paul, he's good with a tape measure.
Mr. De Turre: OK?
Mr. Plummer: Fifty-nine and a half fast.
Mr. De Turre: If you can get that information for sw in the next couple of
days, I'd appreciate it.
Mr. Rodriguez: Sure, we'll do that.
Mr. De Turre: Thank you.
Mayor Suarez: Do we have a second on that motion?
Mr. Plummer: I move it.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plw r, who
moved its adoption:
RESOLUTION NO. 88-856
A RESOLUTION AMENDING THE MIRACLE CENTER MAJOR USE SPECIAL
PERMIT (RESOLUTION NO. 86-834. OCTOBER 23, 1986) FOR
PROPERTY LOCATED AT APPROXIMATELY 3301-3501 CORAL VAT.
MIAMI, FLORIDA, (SOUTHWEST 22ND STREET) MORE PARTICULARLY
DESCRIBED HEREIN; MAKING FINDINGS; SUBSTITUTING AN UPDATED
TRAFFIC STUDY; AMENDING PARAGRAPH 1 OF SAID PERMIT BY
DECREASING RETAIL AND APARTMENT AREAS AND DECREASING THE
NUMBER OF APARTMENTS BY INCREASING THE RESTAURANT, HEALTH
SPA, DANCE STUDIO, THEATER AND COMMON AREAS; AND BY
INCREASING THE NUMBER OF PARKING SPACES TO 1022. BUT
RETAINING THE IDENTICAL 645,697 GROSS SQUARE FEST OF TOTAL
BUILDING AREA; FURTHER, EXTENDING THE TIME OF COMPLETION
OF PHASES I AND II; AND DIRECTING THE CITY CLERK TO SEND
COPIES OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND
THE DEVELOPER.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Turra, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor Do Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
MOSS: None.
ABSENT: Vice Mayor Rosario Kennedy
COMMENTS NADIR DURING ROLL CALL:
Mr. Plusssar: Tea, with the promise they're going to class that plot• VV. x
91s��
COlMEM S FOLLOWING ROLL CALL:
Mr. Cardenas: Thank you.
Mayor tuarest Al, did you solve your problems with licensing for the
contractor and everything else?
Mr. Cardenas: Yes.
Mayor Suareat I thought that they were going to take a little longer to be
solved, I'm happy to see that they got solved very quickly.
Mr. Cardenas: Yes.
MOTE THE RECORD: Item PZ-20 was continued to later same meeting. At
this point, the City Commission tesiporarily defers consideration of
planning and zoning items to "sums consideration of Z he regular agenda.
32. DECLARE SIX SURPLUS POLICE PATROL MOTORCYCLES AS CATEGORY "A" SURPLUS
STOCK: Donate to Santo Domingo, Sister City in the Dominican Republic.
Mayor Suarez: We have a forty...
Mr. Plummer: wait a minute, wait a minute, let we take care of this, please.
Mayor Suarez: Yes.
Mr. Plummier: Mr. Mayor, you have in front of you a resolution that I'd like
to pass. A resolution authorizing the City Manager or his designee to declare
six surplus patrol motorcycles as category ♦ surplus stock and donate the same
after the execution of the appropriate release documents, to the City of Santo
Domingo in the Dominican Republic, a sister city, said vehicles to be used by
the City of Santo Domingo police department in its efforts to dater crime.
They have already purchased ten and this would be a gift of six. I would like
to so move.
Mayor Suarez: So moved and seconded. Did we finally do something about the
vehicles that we had surplus of that - they would be made available to
community organizations in the City, because it seemed like certain people
always had access to surplus properties and certain other people didn't.
Mr. Plummer: I need that back.
Mayor Suarez: Do you have any other concerns on this? OK, call the roll.
The following resolution was latsodu+oed by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. Was?
A RESOLUTION AUTHORIZING TAE CITY MANAGER, OR HIS
DESIGNEE; TO DECLARE SIX (6) SURPLUS POLICE PATROL
MOTORCYCLES AS CATEGORY "A" SURPLUS STOCK, AND DONATING
THE SAME, AFTER THE EXECUTION OF SHE APPROPRIATE RELEASE
DOCUMENTS, TO THE CITY OF BMW DOMINGO, IN THE DOMINICAN
REPUBLIC, A SISTER CITY; SAID VEHICLES TO 3E USED 3Y THE
CITY OF SANTO DOMINGO POLICE DEPARTMENT IN ITS EFFORTS
TOWARD DETERRING CRIME.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clark.)
92 to s 27, IM k.
3
Ups being seconded by Coswissioner De Turre, the resolution WAS passed
and adopted by the following vote:
ATEt: Cosmissioner victor De Turre
Cosmissioner Miller J. Dawkins
Cowmissioner J. L. Plusmer, Jr.
Mayor Xavier L. Suarez
MOSS: Mon*.
ABSENT: Vice Mayor Rosario Kennedy
33. SECOND ANNUAL NATIONAL HISPANIC UNITED -IN -LAY RMRCEMEMT CONYRRENCE:
Authorise waiver of fee regarding use of a City facility on November 19,
1966.
Mr. be Turre: Mr. Mayor...
Mayor Suarast: Yes.
Mr. De Turr*: ... there's a letter that I just received and I think we all
got copies of this.
Mayor Suarez: Tom, what is this about? I just received a letter...
Mr. De Turret Hispanic police officers association. If you want to - are you
Daniel Tano?
Mr. Dawkins: The only thing is, we can't discuss the Dinner Key because it's
being worked on. We got to find another place.
Mr. De Turre: Well, that's the idea.
Mr. Dawkins: We got to find some place else.
VNIDENTIPIBD SPEAKER: It is being worked...
Mr. Dawkins: So let's find some place *Is*. What's the other choice?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Is the facility not available?
Mr. De Turret ... your name and address...
Officer Gilbert Tomes: Yes, it's officer Gilbert Tomes with Metro -Dade
police. Basically, we're having our conference...
Mr. Dawkins: Metro -Dade.
Mr. Tomes: ... on November 17th through the 19th and we'd like to know if we
would be able to have the Dinner Key auditorium on the day of the November
19th, of loge.
Mr. Plussaers Is it available?
Mr. De Turre: Now many square feet do you need?
Mr. Tosses: I don't know exactly how such square feet we do need, sir, but we
did have the whole auditorium available to us last year around the sa times
of the year, sir.
Mr. Do Turre: Yes, because the problem is, it's under con...
Mr. Plummers Now may people are you anticipating?
Mr. Tomes I'm sorry, sir?
93
Mr. Plusseer: Nov many people are you anticipating?
Mr. Tomea: That I couldn't answer at this tine, sir.
Mr. Plummer: Roughly.
Mr. be Turre: They had 210 last year according to the letter.
Mr. Tomes: We had about a thousand people there last year, sir.
Mr. be Turre: That such?
Mr. Plummer: Huh?
Mr. be Turret It says here, a total of 210 law enforcement officials attended
the event.
Mr. Tones: That's correct, air.
Mr. De Turret So, where's a thousand coming in?
Mr. Tones: Well, we had participation within the cossaunity that they attended
the same organization, sir. It was almost like a way to get the general
public within the Miami area involved with the law enforcement.
Mr. Plummer: The Question is, is it available?
Mr. Odio: What day is it?
Mr. Plummer: 17th through 20th of November.
Mayor Suarez: It's just a waiver of rental of Dinner Key auditorium? But
Dinner Key's not available so what are we doing?
Mr. De Turret Well, that's the thing, maybe, if you can get - Cesar, why
don't you get together with him and see if we can work out this out?
Mayor Suarez: What about the amphitheater?
Mr. De Turret This is pretty such like a convention type of thing.
Mayor Suarez: I see, it wouldn't - you have no idea of a facility? This item
In hitting us cold, we don't know where we're going to do this.
Mr. Tomes: Where - well, it's a place for, sir, what we have a dance that
was...
Mayor Suarez: What do you want from the City, we don't care about your dance?
What do you want from the City?
Mr. Tomes: The Dinner Key auditorium, if it's available. If not, anything...
Mayor Suarez: Apparently it isn't, right? I mean, it's in the middle of
renovation.
Mr. De Yurre: Part of it isn't.
Mayor Suarez: OK, why don't you take up this item when we've had a chance to
suet with staff and see what they can recoa nd for your use. I think the
Commission would be disposed to waive rental of some facility if it's not...
Mr. Tones: OK.
Mr. Odio: You vast to waive it it it's available?
Mr. Plummer: Yes.
Mrs. Kennedy: Yes, sure.
Mayor guerez: Yes, but, I swan, without knowing what it is, I seas, a little
tough to vote on that. I trust your judgment.
a
Mr. Plummier: Mr. Mayor, I also need...
Mayor Suares: Do you •ant to move that, the waiver...
Mr. Plummer: Teo, that's fine.
Mayor Suares: ... of a facility?
Mr. be Turre: Second.
Mayor Suarez: Call the roll. Subject to the Manager deciding which - we
don't usually do that, I gueas we have a special feeling for you guys.
Mr. Tortes: Thank you air.
The following notion was introduced by Commissioner Plummer, who moved
Its adoption:
NOTION NO. 88-858
A MOTION VAIVING THE FEES OF A CITY FACILITY ON
NOVEMBER 19, 1988, FOR THE HISPANIC POLICE OFFICERS
ASSOCIATION TO HOLD ITS SECOND ANNUAL NATIONAL
HISPANIC UNITED IN LAW ENFORCEMENT CONFERENCE.
Upon being seconded by Cosmissioner De Turre, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commsissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
was: None.
ASSENT: None.
34. COMMITTEE TO STUDY SPECIAL EVENTS IN THE GROVEs Discussion re
appointments. (Nominated were: Michael Smyser, Pinky Sands and Richie
Chimelis. Pending still is nomination to be lade by Vice Mayor
Kennedy.
Mr. Dawkins: Yhat you got, Plummer?
Mayor Suarez: Anything also before we recess?
Mr. Plummer: Ten, I need your appointments for that Coconut Grove Festival
Cowmittse to...
Mayor Suarez: Tax, I did sosteone.
Mr. Plummer: You got yours, I need...
Mr. De Turret Put...
Mr. Dawkins: Vho did you name?
Mayor Suares: Someone from the association.
Mr. De Turre: ... Mike Smyser.
Mr. Plmmm rt No, you named...
Mr. De Turre: I haven't asmed anyone on that.
Mr. Plummer: Uho?
•s
Mr. De Turret i havea't named anyone.
Mr. Plmwnr: No.
Mr. be Turret I went to name Mike baser.
Mr. Plummer: OK. Dawkins, do you have an appointee?
Mr. Dawkins: Pinky Sands.
i
Mr. Plummer: All right, and Rosario? °
Mrs. Kennedy: Tea?
Mayor Suarez: Did I give you one?
Mr. Plummor: Teo, you gave •e...
Mayor Suarez: Somebody from the chamber.
Mr. Plummer: No, from - my neighbor.
Mayor Suarez: Good to know somebody keeps an eye on you.
Mr. Plus mar: No, no, no, damn. With Grand Prix and Sharkey's.
Mayor Suarez: Bob Fitzsimmons?
Mrs. Kennedy: Emilio Calleja.
Mr. Plummer: Emilio Calleja, that's who you appointed. I need your
appointment. To that - setting the guidelines for festivals in Coconut Grove.
Mayor Suarez: Let me not appoint Emilio. Let " appoint Bob litzsismona.
Mr. Plummer: Fine.
Mrs. Kennedy: Let see tell you before the days over.
Mr. Plummer: line. OK.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummo r: live ch five. I'm assuming the next thing we're going to handle
In budget.
Mayor Suarez: OK, let mo take back the appointment of Bob Fitzsimmons. We
the head of the chamber of commerce whose last name is - it's Richie is the
first same, what's his last name?
UNIDENTIFIED SPEAKER: Chimelia
Mayor Suarez: Chimelis.
UNIDENTIFIED SPEAKER: C-N-I-M-E...
Mr. Plummer: The Coconut Grove Chamber?
UNIDENTIFIED SPEAKER: Teo, sir.
Mr. Plusssar: line.
NOSE POR ?HS RECORD: She
following Individuals were aoolosted to
the Committee to Study Special
Events in the Qrowe:
MICNAEL SNTSER (nominated
by Commissioner Do Turre)
PINKT SANDS (nominated by
Commissioner Dawkias)
RICNIE CNIMELIS (nominated
by Mayor Suarez)
y'
•Fes Mayor Kennedy stated
she could make her nomination at a IsR,es
mk...
lima.'
�
R4
T
1 40
THEREUPON THE CITY COMMISSION WZXT INTO RECESS AT 4:2S
P.M. AND RECONVENED AT 5.10 P.N., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
3S. (A)SECOND PUBLIC HEARING ON FT 189 BUDGET. (B) GRANT RECOMMENDATION
FROM CONSTRUCTION INDUSTRY ADVISORY BOARD: Set aside $200,000 to hire
five additional highly specialized individuals to expedite processing
and approval of plans in the Building and Zoning Dept. (C) POLICE
ACADEMY GRADUATES: Direct City Attorney to draft legislation to ensure
that they be required to remain in the City's employ for a minimum
number of years from data of hire.
Mayor Suarez: We're on to the S:OS item, which is the budget I understand.
What is the first item of business under that?
Mr. Manohar Surana: We need to take item 15A.
Mayor Suarez: Fifteen A.
Mr. Surana: The percentage increase in millage over roll back rate.
Response, three and twenty-six one hundredths of one percent. D, specific
purpose for which ad valorem tax revenues are being increased. Response,
purpose, partial funding for public safety services; cost, $2,913,915, hundred
percent. C, City Commission listens and responds to citizens comments
regarding the proposed millage increase...
Mayor Suarez: OK, so we're up to citizen continents, is that what you're
telling me?
Mr. Surana: Yes.
Mayor Suarez: Now, let me ask one quick question. That's the only one that
I'm going to ask but I gather that Commissioner De Turre and some others may
have some more extensive questioning. When you say that the ad valorem tax
revenues are being increased for the specific purpose of partial funding for
public safety services, two million nine plus, you could have chosen any item
that takes us over the last year's revenues and put that in that category and
you chose the one that, obviously, is the most palatable and acceptable to the
community and so on. That was very vise, that's OK, I have no problem with
that. I mean, that points out another deficiency in state law. We're trying
to change that once again by in the League of Cities and in the Florida Urban
Partnership composed of the six principle mayors of the six largest cities to
try to see if the trim bill wording can be changed so that ve don't have to do
things quite in this - what seems to be an artificial manner. OK. It means
basically, that the revenues this year - tax revenues will exceed those of
last year by approximately $3,000,000, a little bit less than three million
and that we characterize as being needed for public safety services, but,
really it's the whole gamut of all the services we render. Any comments from
anyone in the - any Commissioners first or anyone from the general public?
Commissioner Plummer.
Mr. Plummer: Mr. Manager, I have an advanced copy of something that City has
been working on and it's the advisory cooynittee's rocommendation on the
# construction industry advisory board. They are asking, or recommending in
this that there are to be other personnel added that they feel are swat
important to streamlining that area of the City. In particular, they're
asking for an additional five personnel. I find no - I guess my problem is,
going into budget that we don't have the adequate funds set aside for or to,
you know, suet this now recommendation. Now, how do I go about at least
putting it in there, reserving the right later if I don't agree, that it can
be taken out, but I think it is only right to tell that committee that w 're
listening to them and that we have set aside the stoney and when this matter
does come before the Commission for discussion, we'll go into it in further
depth. but if this Commission agrees with their recommendation....
97 September 27, Ms
1 19
Mr. Dawkins: What are you reading from, J.L.?
Mr. Plummer: I have here, it was sent to ate, Miller, by a member of the
committee who vas concerned.
Mr. Dawkins: Well, why wouldn't he send it to all of us? I mean, we're all
concerned.
Mr. Plummert Wall, I guess because he wee my appointment.
Mr. Devkins: All right, well I'll invoke the rule, I don't even want to
discuss this till I see it.
Mayor Suarezt Which committee are you talking about?
Mr. Plummer: This is the thing that the City put together, the construction
industry advisory board. Their recommendation will not be forthcoming in full
for another 30 to 60 days but they're concerned.
Mayor Suarez: I'■ not even aware that they were deliberating. I guess I
should have known but...
Mr. Plummert Well, this is to streamline the department. OK? Their concern
was that the monies had to be sot aside during the budget process or their
work would have gone for naught. Mr. Manager, and Mr. Dawkins, I'll be glad
to furnish everybody a copy.
Mr. Odio: You're talking $200,000. What I suggest we do is that since this
study I just saw today for the first time, is that we tell them that we - if
we have any vacancies, we might be able to fill one of those; stenographer
that they want and I believe they want a reviewer and some but all they were
doing is in an advisory capacity and I understand what they're saying but Just
to add $200,000 to the budget without reviewing that more carefully and we can
promise them by next year, if they're right, that we can...
Mr. Plummer: Mr. Manager, I don't agree with that, I'm sorry.
Mr. Odio: OK.
Mr. Plummer: And I don't know how my colleagues feel. This is, Commissioner
Dawkins has said many, many times, you send and list a committee together to go
forth and do a job. I would like, Mr. Mayor, if it's in order, that we not
aside the $200,000 for the personnel with the full understanding that it is
not to be disbursed or no one is to be put on the payroll until such time as
this Commission itself has the total review of what I consider, to be a very,
very important function of this City, and that is building and zoning. And I
would like to make such a motion that that money be set aside without any of
It to be spent until such time as this Commission, in fact....
Mr. Dawkins: I second it, under discussion.
Mr. Plummer: Yes, sir.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: The director of zoning has said that she has adequate stoney,
adequate personnel, adequate vehicles...
Mr. Plummort You got her out of her chair.
Mr. Dawkins: ... adequate film to take pictures of code violations and yet
this committee is saying that they don't have it?
Mr. Plummer: She was a part of this committee, if I'm not mistaken.
Ms. Edith Puentest Too, the final report will be presented in front of you on
the October 13th, under personal appearances. The major thrust of this
findings is in the plans processing and permitting section where they wanted
plans to be processed faster and expedited, you know, as fast as they wanted
It to be.
1
1 It
Mr. Plummaor t Wall, I guess the question being asked, do you agree with the
findings of this committee?
Ms. Fuentes: I...
Mr. Plummer, glee* you were a member of it, I guess you do. That was my
assumption.
No. Fuentes: Teo, I agree with their findings.
Mr. Plummert And all I'm saying to this Commission is, I'm not asking that
the money be allocated and spent, but at least allocated.
Mr. Dawkina: Well I am. I am. Because, if we got a department that's not
Meting the needs of the City, it's not servicing the citizens. so now, if
the director feels that we need this money with which to serve the citizens,
I'm for it. But if she stand up here telling me I don't need it, then she
needs to sit down.
Mr. Plussser: That's fine.
Mr. Dawkins: I don't... huh?
Mr. De Turret Where is that money going to come from?
Mr. Dawkins: In the budget. You see...
Mr. De Turret Well, where in the budget?
Mr. Dawkins: I don't -listen, I keep saying over and over, but nobody up here
seems to understand. Budgets are projections, we got X dollars for ad valorem
taxes it's put in a pot. And then the budget director decides how any little
pots he vents to make. And then, we take the little pots in order to service
everybody else. Nov, sometime, we have to take two pots to make up for
police, take three pots to make up for fire. But, whatever pots it is, that's
what we have to take. So now we're saying that one pot will be cut in half or
something and 4200,000 will be taken out of one pot and put in her pot.
That's what we're saying. I don't know.
Mr. Plummer: I, like you Commissioner, I will acquiesce to her decision as to
whether or not she feels that this is a needed thing for the department.
Mayor Suarez: What - because I haven't seen the report either, of course, and
if you meant to have that kind of action then, well, it's not so such a matter
of invoking the five day rule, I simply Just can't vote for it. What kinds of
things are we talking about here that are needed in such a spectacular way
that it would require $500,000?
Mr. Pluinmer: No, two hundred.
Mr. De Yurre: Five hundred?
Mayor Suarez: Two hundred thousand dollars, rather.
Mr. Plummer: It's five personnel, is what it is.
Ms. Fuenteo: It's five additional personnel that will expedite the processing
of their plans. What they're requesting is, number one, that's an
expeditor...
Mayor Suarez: Of whose plans?
Mr. Plummer: The developers.
Ms. Fuentes: The construction industry. Everything that...
Mayor Suarez: In other words, the process of approving plans that are
submitted to your department.
Me. Fuentes: Might. What they vast are...
M
99 ieptumor 27, 910
1 It
Mayor Suarez: Well, maybe the way to do it is to figure out a way to charge a
little bit more for the processing and pay for it that way.
Ms. Fuentes: No, what you Deed actually are highly specialized personnel that
has the certification and the license to sign for all the different trades;
let's say, you know, instead of one plan going to...
Mayor Suarez: Ahs, but that's an administrative change that has been probably
many, many years in the making, we should probably make as soon as possible to
integrate those services. It doesn't require score money that I'm aware of.
Might even require less money. I don't...
Mr. Plummer: It's more people.
Ms. Fuentes: Actually, right now, each inspections field or trade of
Inspection is required to have a license in that, you know... no two person
can sign - say an electrical certified inspector cannot sign for mechanical.
They have to go back to school and get their necessary certification and
license. What they're asking now is to get - or hire, let's say, two plans
expeditor who will have those necessary certification from the state, Dade
Count...
Mayor Suarez: You're not going to call them that.
No. Fuentes: Hum7
Mayor Suarez: You're not going to call them that, are you? Plans expeditors?
Ms. Fuentes: That's what they wanted to call them.
Mayor Suarez: Who wants to call them that?
Ms. Fuentes: The construction industry board because they know of certified
personnel like if you are a certified building official, you have to have the
general contractor's licanse, you have to be certified by Dade County and you
have to have those specific journeymens license to be able to sign, you know,
for all of the trades without the necessity of one plan going to five
different inspectors, then he can just sign for all of them.
Mr. Plummer: Thirteen, isn't it? What's the total amount of departments that
a set of plans can go through?
Ms. Fuentes: Well, we have building and toning, with six different sections
and then...
Mayor Suarez: Have you thought of the alternative of creating an incentive
for employees to obtain all of those certifications, existing employees, so
that they can sign all of these documents?
Ms. Fuentes: Well, they're all required to have recertification every year
and then it will take them to go through a special schooling to take another
license. Us?
Mr. Dawkins: If - not if - when this is done, how much time will it cut off
of plans going through the department? Nov, let me tell you why I'm asking.
=veryone up here on this Commission has been confronted with builders who in
the City of Miami say that the reason they do not build in the City of Miami
Is because of the Mickey Mouse run around they get with plans and they put
plans in the department and it takes too long to get them out. Now, that's
been one of the chief...
Mr. Plummer: That's the reason this committee was formed.
Mr. Dawkins: That's been the chief reason. So now, when this is implemented,
this will cut the turn around time on a net of plans approximately how aany?
Ms. Fuentes: From half to 75 percent. What takes one South will be two
weeks. You know, what takes three days will be just half a day and so on.
Mr. Dawkins: Well, what takes three - what now, I Sean, I'S not being funny,
but what would take three aonths for a set of plans that go through buildlag
and toning?
100 September 27, 1"1
1 1%
Ms. Fuentes: They have problems of their own. Normally, this expeditor will
be able to pinpoint and spot, you know, right there and than, the problems
that they are going to have to solve and the problems that they have to bring,
you know, to bring back to their architects before... right now, they have to
malt, let's say, an electrical inspector is looking at the plans, you know,
it's going to take him, let's say, a day or two before it goes to the
mechanical, it's another day or two, especially if it's a high rise.
Mr. Dawkins: I got one final question for you. When we went through the
reorganization and consolidation, how many people did you quote, unquote
eliminate in this process?
Ms. Fuentes: Right now, I have eight...
Mr. Dawkins: No, no, no. I'm going to re -ask it again now, so you can hear
me. When we went through - no, that's not we - when the Manager vent through
his reorganization and consolidation, how many positions, persons, or what
have you, did you eliminate in order to get your bonus for the amount of money
you moved?
Ms. Fuentes: Nothing, nobody. From last fiscal year, nobody was eliminated.
Mr. Dawkins: Nobody was eliminated...
No. Fuentes: I was able to...
Mr. Dawkins: ... and no positions were phased out at all?
No. Fuentes: None, sir. I was able to produce the projected revenues that I
projected the department was going to make. As a matter of fact, I was just
talking to our fiscal administrative assistant and senior staff analyst, as of
today we even went more and we have more revenues than what we had projected
for this fiscal year.
Mr. Dawkins: Well, if you have more revenue, that mean you're doing more work
so you need more people. I mean, that stands to reason.
Ms. Fuentes: That's definitely what's happening.
Mayor Suarez: Fiscal administrative assistant and what oleo?
Ms. Fuentes: No, I mixed all of them, this one. See, my...
Mayor Suarez: That's more than one person?
Ms. Fuentes: Yes, sir.
Mayor Suarez: Well, we have no problem if they have many hate. Who is this
super person?
Ms. Fuentes: Eva Saltz.
Mayor Suarez: And what was the title again?
No. Fuentes: Actually, her title - she was my administrative assistant and
she was reclassified to senior staff analyst.
Mr. Plummer: Mr. Mayor, here again, sir, I'm not asking that the money be
spent. I'm not asking the people be hired. This matter in its entirety will
come back before this Commission, she said, in October. All I'm asking is
that the money be set aside and designated so when this Commission sakes its
decision, that, in fact, we will have the funds and we're not saying to a
committee, fine, you did a nice job, we'll talk about it next year.
Mayor guars:: Well, but now from the accounting standpoint, what you're doing
Is, you're saying if we were going to have, let's say $10,000,000, I forget
what the recommendation is in our reserve account, instead, we're going to
have $9,800,000 because we want to have these other $200,000 soaahow earmarked
somewhere else. My question is why, why don't you just wait till the
presentation is node and if, in fact, we have a need for $200,000
additionally, after we've all considered it, why we'll approve that for that
particular department.
'yak
101 Nptewwr 17, 1♦it
1 AS
Mr. Plummer: Well, the answer to that is very simple, Mr. Mayor. because
w0hen I asked the Manager, he said, well, we might be able to fill one if a
vacancy occurs.
Mr. Odio: I haven't even seen the report, Commissioner.
Mr. !Demmer: Well, I'■ just saying that if the way that is the attitude
that's going to be presented, then I got a problem because this committee
spent a lot of time...
Mr. Odio: I do too, but...
Mr. Plummer: ... of their own to go through this process to try and help this
City which we asked them to do.
Mayor Suarez: Who are the committee members?
Ms. Fuentes: Different - we have about 45 members representing each
construction industry.
Mayor Suaraz: That's the first big mistake right there, you had a committee
of 45 members. Of course they're going to recommend more money, what else
could they recommend?
Ms. Fuentea:
No, wait...
Mr. Dawkins:
Forty-five member...
Ms. Fuentes:
The active members are - oh, departments are building
and
toning, fire...
Mr. Dawkins:
No, no, no, no, no....
Mayor Suarez:
That's our own? Our own people?
Ms. Fuentes:
No, that's the departments. The construction industry are
made
up of the
different construction associations, private companies
and
different, you know, construction companies within the City.
Mayor Suarez:
I mean, if you want to put...
Mr. Dawkins:
Now many of them were out of Liberty City?
Ms. Fuentes:
Now many of them?
Mr. Dawkins:
How many of the contractors that were on the committee ware
from
Liberty City?
Ms. Fuentes:
I think we notified...
Mayor Suarez:
Was it for the black contractors association represented?
NO. Fuentes:
Tea, yes they are.
Mr. Dawkins:
OK, all right.
Ms. Fuentes:
They were all notified from the very beginning.
Mr. Dawkins:
No, no, no, sse...
Mayor Suarez:
But that's not what we asked.
Mr. Dawkins:
You see, that's not my question. I didn't oak you Vbo
was
notified, I asked you who was there.
No. Fuentes: I don't remember the names but they are...
Mr. Dawkins: That's OK, I'll get a list of it.
Ms. Fuentes: Yes.
1 It
Mr. Dswkins: put nobody answered Cosmissioner De Turre's question. whore
will the $200,000 eome from?
Mr. Odio: from the fund balance.
Mr. Dawkins: All right, that's all.
Mr. Plummer: That's it.
Mayor Suarez: See, what you were saying is, let's pass, it's sort of a
resolution in principle, that if, in fact, after the report, we're all
convinced that these monies have to be spent, they we will spend them, well,
you know, I have no problem with that. but I don't see where we should have
to set aside a separate account for something we're not convinced has to be
spent at this point. At least I'm not convinced. I'd like to hear their
presentation. As you said, if we created the task force, we ought to at least
give them an opportunity to explain their recommendations. Certainly we
should have no less than $200,000 in the reserve balance or fund balance from
which maybe $200,000 ought to be taken at that moment, but I'm not ready to
vote to allocate it now and put it in a separate account. For myself. Maybe
I just haven't had enough chance to digest this.
Mr. De Yurre: I'm more than willing to put the $200,000 aside if we do what I
requested at the last budget hearing and say we can always take $2,000,000
from there and replace the 56 positions that I don't expect to be filled at
the police department and give the money back to the people. You know, and we
can get into that argument and you can bring out all the numbers you want but
it just doesn't jive.
Mr. Plummer: I brought it up. There's a motion on the floor.
Mr. Dawkins: What's the motion? What is the motion?
Mr. Plummer: The motion you second, I thought.
Mr. Dawkins: OK, well now wait - I seconded it.
Mayor Suarez: You made it.
Mr. Plummer: I did.
Mayor Suarez: Right. what was the motion?
Mr. Plummer: I thought. To restrict the money and put it aside until this
Commission has the opportunity to hear its presentation in total. We might
not agree with it. That's all.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion on the motion? Moved and seconded. Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 68-859
A MOTION GRANTING RECOHHXMDATION FROM THE CONSTRUCTION
INDUSTRY ADVISORY BOARD FOR CITY HIRING OF FIVE ADDITIONAL
HIGHLY SPECIALIZED INDIVIDUALS FOR THE BUILDING AND ZONING
DEPARTMENT IN ORDER TO EXPEDITE THE PROCESSING AND
APPROVAL OF PLANS THAT ARE SUBMITTED TO THE DEPARTMENT=
FURTHER DIRECTING THE ADMINISTRATION TO SET ASIDE AN
AMOUNT NOT TO EXCEED $200,000 FOR SAID PURPOSE WITH THE
PROVISO THAT NO HIRING WILL TAKE PLACE UNTIL THE CITY
COMMISSION HAS HAD THE OPPORTUNITY TO HEAR A FULL
PRESENTATION BY THE DEPARTMENT IN COIMISCTION THEREMITH.
Upon being seconded by Commissioner Dawkins, the motion was paasod "d
adopted by the following vote:
103 f�ttr #'1 low
Is
AnS: Cosoolosioner Miller J. Dawkins
Cesmissioner J. L. Plunnier, Jr.
Vice Mayor Rosario Kennedy
NOES: Comissioner Victor De Turre
Mayor Xavier L. Suarez
AISENT: None.
Mayor Suarez: OK.
Mr. Plusher, Mr. Mayor, I'll ask really one other question and then I'll be
finished, I hope. Mr. Manager, you still are on line of increasing the police
department to what number of sworn officers by the and of the fiscal year?
Mayor Suarez: That's a very good question.
Mr. Odic: The last numbered...
Mr. Plusaer: And the second portion is, are we still on line for the 100
PSAo?
Mr. Odic: Teo, we have a class - the goal of the department In 1114.
Chief Perry Anderson: Eleven hundred and fourteen.
Mr. Odic: Eleven hundred and fourteen.
Mr. Pluasser: Sworn?
Chief Anderson: Sworn.
Mr. Odic: Sworn, plus the hundred PSAs.
Mr. Plummer: That's all I want, thank you.
Mr. De Turre: Question. Chief, what are ve going to do with the sooty that
Is not used because we don't reach the 1114?
Chief Anderson: Well...
Mr. De Turre: Are we going to give it back to the people neat year?
Chief Anderson: I'm not anticipating not reaching eleven hundred.
Mr. De Yurre: Well, if - you're not anticipating reaching 1114?
Chief Anderson: Well, if the if turns out to be...
Mr. De Turre: But the if which is not a reality.
Chief Anderson: ... a fact, than the termination will be left up to the
Manager, but I'm looking at eleven hundred. No, well, reason what he said,
there's not going to be an if. I'm going to reach eleven hundred.
Mayor Suarez: And to that and, how are we doing on the academy? Are we
Increasing the size of the academy? Do we have more sessions?
Chief Anderson: Right. Right now, we're on schedule. We said that we would
have 20 officers in this academy and we have 20 officers. We just graduated
twenty and right now we're on the schedule that we committed ourselves to.
Mr. De Turre: To reach 1061.
Chief Anderson: To reach 1100 by the end of the fiscal year.
Mr. Do Turre: Nov about the attrition? r
Chief Anderson: I man 1114.
Mr. Do Yurre: What are we going to do with the attrition? "ve
calculated that into your...%
104 Mpte"Or all
t
AN
p
Chief Anderson: We calculated the attrition and we're still looking at
reaching a figure by and of the fiscal year of 1114.
Mr. be Turre: What I would like to do is that, for every officer that we
don't reach the 1114 mark, that whatever that officer is worth in and we come
up with $40,000, am* people say $60,000, what's the number that we can work
with?
Mayor =caret= Typically $40,000 altogether.
Mr. be Turre: $40,000, is that a fair amount?
Mayor Suarez: At entry level.
Mayor Suarez: fifty?
Mr. Pluwner: It's more than $40,000. Teo, but you're just talking about
salary and perks is forty.
Mr. Surane: Us.
Mr. Plummer: That doesn't include uniforms or any of the rest.
Mr. De Turre: So we're talking about...
Mr. Plummer: About forty-six is right.
Mayor Suarez: Between 40 and SO thousand dollars.
Mr. De Turre: Then, can we say that...
Mayor Suarez: Entry level.
Mr. De Turre: Entry level, say $50,000 per officer. That whatever amount we
fall short of the 1114 officers, that we can multiply that number by $SO,000
and that's money that we can reduce and give back to the people next year?
Mr. Odios Well...
Mayor Suarez: Wall, you know, the other way to do it. In view of the last
motion that carried, it's sitting a reserve account.
Mr. Ds Turre: Well, that's what I'd like to do.
Mayor Suarez: from which we draw the money as the officers are, you know,
come aboard and as we exceed the present. I mean, it's a heck of a way to run
a City, but if that's the way we're going to do it, that would be a fair way
to do it. Set aside the amount of money for the new officers and as we bring
them on line, we authorize the use of the funds.
Mr. De Turre: I could live with that.
Mr. Plummer: What does that accomplish?
Mr. De Turre: Wall, it accomplishes, as far as I'm concerned is that money
that is meant to go for salaries doesn't go for something else.
Mr. Odio: It cannot go for something oleo.
Mr. Plummer: Without this Commission's approval.
Mr. Odio: Without your Commission approval so I don't know why you're doiag
this because you already put a limit of $50,000 on line items that would have
to came here anyway.
Mayor Suares: And you see, if, in the case of somathisa we don't know yet for
sure that we aead, we're reserving $200,000 as a special account. Yhy don't
we do it is the case of something that we've all agreed that we aaad? In
tact, we've put Into the budget as a... ;}
s"-
30I Mils # h.
C+g
A*
Mr. odic: Sut that's ghat you're doing, Mr. Mayor. You're setting aside a
specified amount of dollars for salary.
Mayor Suarez: Teo, but what's going to happen is, what's happened every other
year, we've been given an estimate of how many people ve're going to have as
uniform police officers. The and of the year is going to ba reached, it will
not have gotten to that point and no savings will have been created by the
fact that they were not at that level.
Mr. Odic: Wall, yes, yes, they have.
Mayor Suaraz: Somehow, the money finds its way into other uses in the police
department.
Mr. Odiot No, sir. Let me repeat one more time what I did in the first
meeting is that we took the savings this year up front. We reduced the budget
of the police department by $3,000,000 by taking that money out of the budget
up front, not at the end of the year. So, we did that already. We...
Mayor Suarezt So you won't get the temptation of dipping into the reserve
balance at any point, you have a set aside of funds to guarantee with the
number of police officers that are being indicated. I don't think that's the
best way to function but I didn't think that in the prior item either. I'm
just trying to be consistent.
Mr. Plummer: Why can't we go on and ask for a monthly reporting by the Chief?
Mayor Suarez: That's what we've done...
Mr. Plummer: Which would suffice for the same. Then we'll know every month,
we can always - any month that we don't like the report, we can change the
budget. We can change the budget at any time.
Mayor Suarez: That's what we should have done on the prior item, so why
didn't you put it that way in the prior item?
Mr. De Turre: We got to start getting then a monthly report.
Mr. Plummer: If that's what you want and you feel...
Mr. De Turre: Well, I'd like to Set a monthly report...
Mr. Plummer: ... and I don't think it's out of line.
Mr. De Turre: Aren't we working right now with a new system that there's a
monthly report, Cesar?
Mr. Odio: That...
Mr. De Turre: Wasn't that what we were talking about the other day upstairs?
Mr. Odio: Teo, we have a manpower form, we already put out the first report
and it's working very well.
Mr. De Turre: On a monthly basis?
Mr. Odiot On a monthly basis.
Mr. De Turre: We'll be each getting a copy?
Mr. Odio: We can do that, no problem.
Mr. De Turre: On a monthly basis of the budget where the monies are going, so
on and so forth.
Mr. Odio: Teo, sir.
Mr. De Turre: OK.
Mr. Odio: We have that down there.
Mr. Do Turre: Then we'll leave it as is.
106 lepteabeir 27, 109
5.
It 0
Mr. Dowkina: Mow that you're going to leave it as is, 1'd like to make a
statement.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Again, budget projections are for budget projections. You're
talking in torus of having police officers and attrition and what have you,
you way hire a guy that stays there for six months. Six wonths of his salary
will not be used. You may have one that only stays 90 days so you've got
budgeted these 20 people coming out of the academy and you have budgeted X
dollars, $40.00 per man, and they only stay 3 months. You've got to have an
overage. So, but there again, you guys go ahead.
Mr. Plummer: Let me ask a question, real quick like. Mr. City Attorney, one
of the things that has bothered us, not so much in this recent which we saw,
that Los Angeles was able to come to this community and recruit 238 people to
take back to become police officers in L.A., but we have a rough time here
finding police officers. Is it legal that if we put a man in the academy, we
pay for his schooling and we pay to put him through to become a certified
officer, that we could have an agreement with that officer that he could not
leave the department to another department for a period of time. You will
recall what happened to us. What happened to us when the Dade County school
board decided that they wanted to have a security force, they came in and took
39 of our policemen by offering them a $1,000 more who were already certified,
did not have to go through the expense of putting these people through the
academy. You multiply, for round numbers, 40 times 40, you come up with an
awful lot of money. Is there any way that this City legally can enforce that
provision? Chief?
Chief Anderson: We have an agreement right now that if you become a Miami
police officer, you have to stay at least a minimum of two years.
Mayor Suarez: What's the penalty if they don't?
Mr. Plummer: What's the penalty if they don't?
Chief Anderson: Well, we recommend decertification...
Mayor Suarez: Decertification prior to their going elsewhere?
Chief Anderson: Well, we recommend decertification also, black...
Mr. Plummer: But you don't do the certification.
Chief Anderson: ... black balling from other - we have sort of a mutual
agreement between....
Mayor Suarez: An informal agreement with other police departments in the
area?
Chief Anderson; Yes, various agencies that if the money commitment is made,
the training is made, that there will be a two year stay.
Mr. Plummer: But you...
Chief Anderson: Therefore, that Metro won't rob us...
Mr. Plummer: What about out of Dade County?
Chief Anderson: Well, we don't...
Mr. Plummer: You know, as I understand it, a certified police officer is
certified in the entire State of Florida. That if he Boas and gets certified
her* and Boos up to Deland or Palatka or Gainesville and they pay him a
thousand dollars more, we have paid for the certification and we get robbed.
Nov, all I'm asking, is there any way that this City can be guaranteed that
if, in fact, they 1*av* before, lot's say, two years, that the department they
Bo to has got to pay this City back its initial investment?
Mr. Jorge Fernandes: Y*s, that would be subject, of course, making sure that
It's very well spelled out in whatever contract or agreement they entered with
us going to the academy.
107 gaptember 27, 1o"
It 9
Mr. Plusimer: I would move at this time that the City Attorney be instructed
to come back at the ae:t Comission Meeting with that kind of provision for
our consideration.
Mr. Do Turret second.
Mr. Fernandes: And also subject to whatever labor lave may be applicable...
Mr. Plummor: I understand all of that.
Mr. Fernandes: All right.
Chief Anderson: Mr. Counissioner, if we're going to look at a time period and
It's legal, we would like for that time period to be beyond two years.
Mr. Plummer: Sir, I'■ not said designated. I'■ saying I just don't like to
get robbed.
Chief Andersont I agree. I'm agreeing with you.
Mr. Plummor: OK? It's three years or five years. you talk with the City
Attorney in helping his propose that.
Chief Anderson: Good.
Mayor Suarez: That's the reverse golden parachutes make it into a penalty.
Mr. Plummer: You have big mouth.
Mr. Do Turret Let's not get into parachutes today.
Mr. Dawkins: Tot.
Mayor Suarazt We have a motion and - do we have a second?
Mr. Do Turret Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-860
A MOTION INSTRUCTING THE CITY ATTORNEY TO COME BACK AT
THE NEXT COMMISSION MEETING TO REPORT ON APPROPRIATE
LEGISLATION TO GUARANTEE THAT POLICE ACADEMY GRADUATES
BE REQUIRED TO REMAIN IN EMPLOYMENT WITH THE CITY OF
MIAMI FOR AT LEAST TWO YEARS AFTER DATE OF EMPLOYMENT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYESt Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
HOES: None.
ABSZHT: most.
Mayor Suares: Otherwise known as the golden shaft, yes.
Mr. be Turret You got something to say!
Mr. Dawkins: Teo, but I don't know what it is, it'll 0c to r sitar Whits.
Mr. be Turret OK, lot me...
44
a
It 9
Mayor tuarest Chief, as long as you're there and while the Comissioner's
thinking of a question, this is an operational question not particularly
related to the budget, but I'd strongly suggest that you and the Manager meet
and discuss the issue of how people get routed out of Arena events. There
seemed to be some effort at the last event that I attended to keep people
leaving the Arena from going into certain neighborhoods and I'm not sure if
we're trying to protect the neighborhoods from the people or the people from
the neighborhoods, but in any event. I think that kind of an issue should be
very carefully reviewed before we implement a policy that gives the impression
that we don't want people to drive through neighborhoods in the City of Miami.
Mr. De Turret OK. I'd like to ask a question of the solid waste director,
department director. Now many sanitation supervisors do you have?
Mr. Joseph Ingrahami Ten.
Mr. De Turret Now many are - in all ten positions or ten employed right now?
Mr. Ingraham: Teo, we have ten.
Mr. De Turret Ten positions or tan men employed in that position?
Mr. Ingraham: We have ton positions and eight people in all the positions.
We have two vacancies.
Mr. De Yurre: Two or three?
Mr. Ingraham: Two, as far as I'm aware.
Mr. De Turre: OK. There was a position open 6-5-87, a position open 9-17-87,
position open 4-20-88. Does that sound pretty good?
Mr. Ingraham: Yes, sir, maybe it's one additional vacancy, I'm not sure.
Mr. De Turre: OK. In your budget, do you have allocated for tan supervisors?
Money for ten supervisors, is that correct or not?
Mr. Ingraham: That's correct.
Mr. De Yurre: OK. What has happened with the monies for the position that
has been vacant for over a year since 6-5-87 and the other one for 9-17-67?
What did you do with those monies?
Mr. Ingraham: In the interim, while we don't have a vacancy filled, we worked
people out of class at a five percent increase to take care of those vacancies
so that we cannot have work troops that are unsupervised no, in essence, the
monies there are actually being utilized in regards to those individuals who
feel - enter the interim.
Mr. Do Turre: Are you telling we that people that are not in this capacity
are doing the job of these supervisors?
Mr. Ingraham: We utilize staff and work theca out of class in a temporary
position at a 5 percent increase to their salary to fill that vacancy while it
has not been permanently assigned to an individual.
Mr. Do Turret And who fills that position that they leave?
Mr. Ingraham: We then would take a ninety-nine, one of our standby laborers
and we move from the bottom up in reference to filling those vacancies.
Mr. Do Turre: Do you plan to fill these positions or do you expect to go on
doing this type of procedure?
Mr. Ingraham: We plan to fill the vacancies. We recently completed one of
our driver heavy equipment operators class about two and a half week$ ago. In
fact, two weeks ago and after doing that it gives us an opportunity to to batik
and reassess our manpower allocation as to people who are qualified to fill
those temporary positions and make permanent assignments. The answer to your
question Is yes.
109 Mpgoober 27, lM
Mr. be Turret OK. Cesar, how Sony 'vacant positions do w* have in the City of
Miami right now?
Mayor Suarort Why don't you define further the question as you answer it
►*cause I know ve were talking about this yesterday and came up with a figure
of two hundred and ninety song, almost three hundred, but that's a$ compared
to when? In other words, that's as compared to the highest manpower level
that wo'v* had which, in recent years has been right prior to November of 1985
and that's the standard that I usually like to measure it against. In other
words, when you mean vacant, vacant as compared to what is what I...
Mr. De Turre: Well vacant, as compared to money being allocated for that
position and not being used.
Mayor Suarez: In the prior fiscal year, for example? That would be a Such
lesser figure but the number that I'd like to dwell on is the one comparing to
the highest level of manpower that we had which, I think, was pretty Such in
November of 1985. At least in recent years - I think at one point with CITA
employees and so on, we had a lot more employees, we had almost 4,000.
Mr. Odio: Tao, Mr. Mayor, we have eliminated over 297 positions. It's not
that we had vacant positions, no.
Mayor Suarez: Iliminated, but you've eliminated since...
Mr. Odiot We might have vacant positions right now that people either have
retired or are in the process, but let we find out...
Mayor Suarez: But that you're looking to fill.
Mr. Odio: Sure.
Mayor Suarez: OK, I don't know which is - of the two is your question.
Mr. De Turre: No, but the thing is, som* of these they've been looking to
fill them for over a year now.
Mr. Odio: As of September, we had 212. Two twelve.
Mayor Suarez: That you're looking to fill or that are just eliminate?
Mr. Odio: Well, for instance, let me - we have one in the Mayor's office,
five vacancies in the Commission's office and one in City Clerk, five in the
law department, ton - you know, each department has positions that are either
In transit or as of that report, you had 212.
Mayor Suarez: That's a tricky figure because for example, the one in my
office, that just reflects the level of manpower that I have right now because
somebody happens to be on leave and...
Mr. Odio: Of the 212, b*tweon police and fire, you have a hundred, so tither
police...
Mr. Do Turre: That are budgeted.
Mr. Odio: That are budgeted positions.
Mayor Suarest Are those rebudgeted for next year's budget?
Mr. Odio: Pardon?
Mayor Suarest Those two that you mentioned, those two departments?
Mr. Odiot Most of them, yes.
Mr. be Turret to the thing is, my point is that year after year we have
vacant positions that got budgeted and rebudgeted and, you know, where's that
money? Tou know, it's the type of thing that if...
Mr. Odio: No, sir, excuse me, last year when we cut the millage last year, we
abolished all the vacant positions. These are new vacancies that we have.
110 heptsmNr 17,
100
1
Mr. be Turret well, you didn't abolish this one, 6-5-07 and 9-17-57.
Mr. Odio: Because he's going to fill them.
Mr. Ingraham: We're going to fill those positions.
Mr. Odio: That's the difference...
Mr. Ingraham: Right.
Mr. Odic: ... we abolished positions that traditionally for three years had
not been filled that were being carried there as partial - you know, people
were not going to be hired. I had a hiring freeze for two years...
Mr. De Turret Do we still have a hiring freeze now?
Mr. Odiot No, We don't. Whatever positions are approved here, they can fill
and now they're beginning to fill them. And what we did is, we took all these
vacant positions from last year and abolished them. They were taken off the
books and there were 297.
Mr. De Turret It just seems like a long procedure...
Mr. Odic: And we took the salary savings up front.
Mr. De Turret ... to fill a position over - that was vacant about a year and
a half ago.
Mayor Suarez: I'm glad to get that clarification, by the way as to the hiring
freeze. We're saying that is all the budgeted positions as soon as somebody's
found that can fill them, can be filled.
Mr. Odic: We're going to try to do that. But, in the meantime, you might
have another one leaving and so I'm not going to say we were not going to have
any vacancies and that you can just take the monies off vacancies and take
them out.
Mayor Suarez: Well, because I wanted to ask you a question, I don't know if
he's finished his line of questioning, but my question was going to be,
couldn't we, if that's the case and we have - how many do we have vacant to be
filled at this point?
Mr. Odic: Two twelve.
Mayor Suarez: And if we budgeted for those, wouldn't it make sense first in
certain departments like parks where we have probationary employees that have
been there for three years and four years and still are not permanent
employees, to make some of these people permanent employees so that they know
that they're working for the City of Miami on a permanent basis and have the
in...
Mr. Odic: Let am tell you again, the budget is a projection. We projected
for the year that we would have so many vacancies and reduce that from each
department's savings up front so if the department came in - any department
came in with a ten million dollars budget and we projected vacancies for the
year of 5 positions, we would reduce the budget by $150,000 up front. So
we...
Mr. De Turret So now, we're changing the story going back to the police
story.
Mr. Odic: No, I'm not changing no story, Commissioner. It's not a story.
Mr. De Turret Isn't this a police story?
Mr. Odic: What is a police story?
Mr. De Yurro: That same story that now the money was taken up front when tboy
couldn't justify...
Mr. Odio: We did the aams thing 1n the police department. We projected that
they would save $3,000,000 at the end of the year and we reduced the
v
111 September 27, !tom
M
$3,000,000 from their budget in the police department. And we did the same in
every other department of the City of Miami - up front instead as it used to
be, at the and of the year you would say, oh, we saved three million here, two
million here, one million there, that's what we did now.
Mr. De Turre: OK, then so I can understand this. In his case, with the three
supervisors, now has that money been taken up front which means that he can't
hire them or is that money there which means that he can go ahead as he
believes right now that he can hire them? Which one is it?
Mr. Ingraham: They money's there...
Mr. De Turre: No, no, no, no, no. I want to hear from him.
Mayor Suarez: Tea, he'd better be sure on it because otherwise, Mr. Manager,
If we're not clear on this then we're going to have a problem. Somebody
better answer that question clearly. We had one answer before and,
apparently, we're getting the opposite answer now.
Mr. Surana: Through prior years experience, we have noticed that department
normally have some vacancies because you have in place come...
Mayor Suarez: Projected, now we're talking about projected vacancies, Mano.
Mr. Surana: Tea, OK. What we did for next year budget. Normally, we used to
fund all the positions a hundred percent where they're filled or vacant. for
next year budget, what we did, we figured out that each department
historically saved X amount of money because of attrition, you know, we got
people retiring, you got vacant position, they can't fill it and that create
the savings. So we took that savings up front from their budget throughout
all the City departments.
Mr. De Turre: OK, now in his case, can he go out tomorrow morning and hire
three supervisors for the three vacancies, or October lot?
Mayor Suarez: Oh, I gather that. Some of the ones he mentioned are not just
projected vacancies, they're just some actual vacancies that are not been
filled for a certain amount of time. I mean, that...
Mr. Surana: He can fill some.
Mr. Odio: The answer is yes, because he'll have another three attrition - in
the projections you will have another three or four attrition* later down the
road. Again, you're dealing with simple projections, what we think might
happen during the year. So, you, he can fill his three positions if
they're...
Mayor Suarez: OK, so we're talking about the difference between a static view
of the situation and a steady state or dynamic...
Mr. De Turre: OK, so then...
Mayor Suarez: It's not all that simple, let me tell you, let me you around
election time, Commissioner, last year we had to deal with - or a year and a
half ago, we had to deal with the issue of - how long was it?
Mr. Odio: Let me sea if I can make it simple.
Mayor Suarez: Wait, wait, let se just something, that we were having to deal
with the issue of exactly the manpower in the police department. One of my
opponents certainly argued with the figures that I was given and we revised
them two or three times during the budget process and finally came up with
one, a figure which I gathered was the correct figure. frankly, for myself, I
scan, the projected vacancies and all that, are quite interesting as an
analytical tool, but I'd like to know at any time, I'd like to sake sure that
every department at any time, from computers, all these computers that we're
spending no less than S million dollars a year in functioning in that
department and operating, I'd like to know at any time, that every department
head, - and I have a strong suspicion that Joe knows these figures, knows
exactly how many people he has, he or she has, on staff.
Mr. Odio: Too, I...
112 geptember 27, 14f�
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Mayor Suerea: Actually, and that, of course, applies to the toughest one of
all which is yours, since among other things, half the time some of than are
boviag legal problems and are in a variety of sort of indeterminate positions,
so - but the static thing is what I'a more interested in. Now many people do
we have in the department? Do we have actual vacancies, Joe? Is the one the
Commissioner pointed to that was created in June of 1987, is that an actual
vacancy?
Mr. Ingraham: Tea, it is.
Mayor Suarez: And that's someone that we really should have been finding some
of the people that maybe have been filling that job but we should have been
finding somebody to replace that person, I gather.
Mr. Ingraham: That's true, but there is some inherent problems with that in
reference to training. It takes approximately 6 months after person completed
the heavy equipment operators class for him to be tried and true in reference
to operating certain, you know, types of vehicles and equipment. So it's not
that simple and a lot of times people, you know, we have to go back at it
again so it's not that simple.
Mayor Suarez: Wall, actually, and let me say one other thing, I remember an
article being written around election time again by the Miami Herald that said
I had thirteen people on my staff. Now, in terms of full time equivalent, I
have nine. And that was something like three over what was expected, now I
have one under what is expected. It has a lot to do with the dynamic
situation of people being on leave, pregnancy, I have a lot of pregnancies on
my staff. I don't know what that's related to.
Mr. Dawkins: And in your home.
Mayor Suarez: And at my house too. Just in case anybody's wondering.
Mr. De Turre: It carries over.
Mr. Dawkins: Lot me ask one question to follow up on what...
Mayor Suarez: No relation between the two.
Mr. Dawkins: Following up on what the Mayor's said, you say you've got 212
vacancies?
Mr. Odio: Citywide, yes.
Mr. Dawkins: Citywide. Why is it, as the Mayor said, that we can't take some
of these tried and true employees, who we have working quote, unquote
temporary, who have no hospitalization and no benefits and ask* them into some
of these 212 positions so that those people can work better for us knowing
that they've got some kind of...
Mayor Suarez: OK, I'm going to follow up...
Mr. Dawkins: Some kind - yes.
Mayor Suarez: I'■ going to follow up on that too.
Mr. Odio: That's exactly what we're doing.
Mayor Suarez: In other words, as we fill these projected vacancies, couldn't
we try to figure out these employees that have been working and give then
absolute first preference in...
Mr. Odio: As Charlie Cox will...
Mayor Suares: ... hiring. I know, for soma reason I keep thinking thers's
like, I don't know how many of than in the parks department. I think you...
Mr. Odio: We only have SO temporaries left in the City of Miami, Citywide,
fifty.
Mayor Suarez: How many in parks, Mr. Manager?
113 MptMbss !1, 31N�
A
Mr. Odio: I don't know the asiount but Charlie Cox....
Mayor Suares: Do we have anybody from parks that can tell me, hopefully, the
saw director knows from the top of his head.
Mr. Odio: I do know this that we will...
Mayor Suarez: Tou've had 48 hours to get all these figures in your head, Al.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: It really worries me that you don't have it because I said that
there was one thing I was really interested in this year's budget process, and
that was making sure that those temporaries in your department, your new
department, so, hopefully, somebody that they would be made into permanent.
Because it's really just crying out for some solution there, people with three
and four years of being temporary. So somebody in that department, hopefully,
picked up on that and has that answer.
Mr. Odio: Well, three or four years they have not been temporary, Mr. Mayor.
The mast...
Mayor Suares: I've seen some with three years temporary.
Mr. Odio: The most they could...
Mayor Suarez: Either that or they were lying to me.
Mr. Odio: They could be part time employees, they started way back, part
timers, but they...
Mayor Suarez: Well, you know, you keep them at 35 hours so that they don't
bacon* permanent and you call them part time, I mean, you know...
Mr. Odio: Yes, the temporary began only two years ago and then Charlie Cox
and I have agreed and we are doing that, that we fill the permanent positions
with temporary first. And that's the way it's been done.
Mr. Dawkins: I know how it's been done but I'm saying to you, it's unfair to
the worker. Here we have a man or a woman who is a family member, who has no
coverage and they go to work every day and if, God forbid, an accid*nt comes
about, they got no coverage. And they have no coverage because we sit up here
saving $100,000 a year and these people go on welfare or go to the hospital
and we pick up the tab anyway. So it's better to have, in my opinion, an
employe* who is happy and fully covered who can produce than to have one who's
worried about sickness or something in his family and that's just, you know, a
personal opinion.
Mayor Suarez: Tea, and the argument that you had made before, which I
understand and I agree with, occasionally there are situations calling for
seasonal employment, where you can save a lot of money by not giving benefits
and people understand clearly, just like consultants, we hire them, sometimes
a little too much for my taste, but we hire them and they understand they get
no benefits. But these seasonal employees that go from year to year, you
know, it goes beyond a season and it begins to be...
Mr. Odio: See, that's what happens in the parks department. Traditionally,
you have the people that work in the summer programs and then they go and so
forth.
Mayor Suarez: But, it really has been a bit of a budgeting tool. I think we
all admit that, and they've been carried from year to year as temporary or
part time or whatever you call them and I think it's time to...
Mr. 0dio: No, Mr. Mayor, what was the...
Mayor Suarez: It's time to be honest about it and allocate the benefits for
them, as the Coammissioner is talking about, mad, you know, that's $etas to
cost us a little bit more and they're permanent employees and they have all
the rights that go with being a permanent ewployse and we ought to be fair
about it even it that means reducing some other part of the budget.
114 sortowber 270 1"1
Is
i
Mr. be Turre: Cesar, the frame* that was lifted, when was that lifted?
Mr. Odio: As of this budget. As we gent to each department and they caste in
with a budget that we Mar* preparing for next year and we told them that was
lifted.
Mr. De Turre: October lot of '87.
Mr. Odio: Teo, I - no, this budget, this budget.
Mr. Do Turre: Oh, you're going to lift it now then?
Mr. Odio: It's been lifted, yes.
Mr. be Turre: OK, because I have a lot...
Mr. Odio: In fact, mom* people are already Searing up to hire people.
Mr. De Turret: OK. I'd like to - do you have the computers? Thank you.
Computers department. A couple of weeks ago you didn't have numbers on the
savings of the now computer system. I would imagine you have them now.
Mr. Carlos Smith: Yes, I do. I have - the savings, of course, is a
combination of the new computer and moving to the police department.
Mayor Suarez: What's the total budget so we have a frame of reference for the
computer department?
Mr. Smith: Five point six.
Mayor Suarez: So valve managed to go from five to roughly 5.6.
Mr. Smith: Five point five was last year.
Mayor Suarez: I meant, since I started looking at it carefully which was
about two and a half years ago. I was hoping it would start going down
instead of going up. It obviously hasn't happened. The computers don't
really clean up the City or...
Mr. Smith: Mall, they do provide some service.
Mayor Suarez: I knew you were going to say that. They provide a network of
communication among all the departments that allows all the other services to
be rendered, right?
Mr. Smith: Behind the scenes service.
Mayor Suarez: I know it's good for the police department and it maybe the
fire department. I wonder about the other departments, they just can't count
their employees because there's not that many of them and, otherwise, be done
with computers. I guess we need them for some other functions in building and
zoning but I wonder, really.
Mr. Odio: You know, Mr. Mayor, the increase was 2 percent more than last year
and that includes 4 percent salary increase. So, it's actually a reduction in
the budget.
Mayor Suarez: I frankly think you can probably do better with that department
and I'd hoped and this is really something that you - I remember you
mentioning to me with Carlos coming aboard about a year ago, I don't know,
It seems like five years ago that the department would eventually have some
savings, substantial savings in...
Mr. Carlos Smith: The savings this coming year attributable to as upgrade oa
the computers and moving to the Police Department, is approximately $345,000,
and in addition to not making the last payment, so, there is one point two, I
believe it is one point two four one, plus $345,000. Now the mows, the move
to the Computers Department, that does not include, of course, the **wren
policemen that would b* released from having to be on duty u security at the
Department of Computers.
U
Mr. be Turre: to we ere talking about additional savings?
Mr. Smith: I'm talking about savings that have to do with things like reduced
maintenance.
Mr. De Turre: So OK, so we are saying those are seven police officers that we
could have out on the street then, doing something also.
Mr. Smith: That is correct. That I have not given to you in my figures.
Mr. De Turre: OK, but they are still be paid. They are going to still be
working.
Mr. Smith: Those are being paid by the Police Department.
Mr. De Yurre: And they'll still be working for the Police Department, having
some other duties.
Mr. Smith: And they will still be working for the police, that is correct.
Mr. De Turre: You have seven police officers at the Computer Department.
Once they are not needed because we would move to the Police Department, then
you have seven more police officers to have out in the street. OK, there is
no savings there, because they are going to remain with the department.
Mr. Smith: Correct, so figures are...
Mr. Plummer: Chief, that is not true. I'm sorry, come on. Either somebody
doesn't know what's going on, or I am absolutely crazy.
Chief Anderson: Let me clarify...
Mr. Plummer: They are not seven men designated to that department. They pull
men in off the street, they do one or two hours there, then they go back out
on the street. They are not designated full time at the Computer Department.
Mr. Dawkins: They sit there all day.
Mr. Plummer: Now, you don't have seven more men to put back out on the street
when you close that operation down.
Mr. Dawkins: They sit there all day.
Mr. Smith: Commissioner, how they are doing it I am not so sure, but we
have...
Mr. Plummer: Yes, but the Commissioner's question was, that when you close
that down, you got seven more men to put back out on the street. There's more
hours, but it is not seven menl There's a big difference.
Chief Anderson: Well, the point is... the reason why I am responding the way
Is - if they become available in any kind of way, that they can take up the
shortfall, then we are going to assign them, even if it is two hours, back to
the streets, so that's my point.
Mr. Plummer: That's fine. You got more hours back out on the street, but it
is not seven sun assigned to that position.
Mr. Smith: So the savings that we have identified, over and above those
police hours, there is three...
Mr. De Yurre: OK, so we up to $1,500,000 next year?
Mr. Smith: A million and one half of those, of the $345,000 that we would be
saving from maintenance and a credit memo that we have negotiated and so
forth, that is all eaten up by the move. We estimate the move, getting the
computer roam in the Police Department ready, we need some additional air
conditioners, we need uninterruptedly power system and so forth, plus the
physical move of the peripherals in the computers, plus desks and things like
that, some people will be moving out into the Police Department would eat up
those savings, the $345,000. The only thing left would be the $1,200,000 that
we would like to of course keep in reserve to make the first payment on the
computer in 1990.
116 September 27, 14
Mr. Plummer: What do you mean, you like? You've got tot
Mr. be Turret Well, are we making payments right nov7
Mr. Plummer: No, at this point, that has been put on temporary hold.
Mr. be Turre: But we have been making payments annually.
Mr. Plummer: Up until last year, yes. The payment for this year has not been
made because that is part of the negotiation for the...
Mr. De Turre: Ve would Bet a credit, or they mould waive this payment for
buying the new equipment.
Mr. Plummer: That's being negotiated.
Mr. De Turret OK, thank you.
Mayor Suarez: Anything else?
Mr. De Turret No, I'm all right.
Mayor Suarez: Let me just say something about a prior department director. I
just want to tell a story and put it on the record, I'd like everybody to know
about it, the director of Solid Vast*. I got a call from a former Miami
Herald reporter who left and went to do more important things, that his
garbage vas not being picked up. I called the director as I usually do, and
asked his about it, and he not only took care of the problem, but he asked to
call the individual who had called him and I later got a letter from Andy
Rosenblatt, the reporter in question, now an attorney, saying that within
three and one-half minutes, Joe Ingraham called him back after he hung up in
the conversation with me, and I just want to say that I think that is the kind
of responsiveness from department heads that we appreciate. Va've seen this
in many, many departments, in fact, I would may right now, as of *am recent
appointments, I think every department head should be that responsive in the
City of Miami.
Mr. Plummer: The real question is, three and one-half minutes to call back -
how long did it take him to go out and pick up the garbage?
Mayor Suarez: He was also satisfied about the garbage being picked up.
Mr. De Turret We should have him heading our 911 department.
INAUDIBLE BACKGROUND COMMENTS HOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I also want to say that when you call the Police Chief at his
hose, you get a recording and it has all kinds of very nice biblical passages,
which I appreciate, but I'd like to have another line that I can call, that I
can get through to him or anyone in his household without having to liaten to
half of the bible.
Chief Anderson: I'm a religious person.
Mayor Suarez: We don't pay you, I guess, for having to have your line
without... you can put whatever you want on that, I suppose.
Chief Anderson: Diablo. I'll give you my number. This is another number.
Mrs. Kennedy: Do you want to do it now?
Chief Anderson: I'll give it to the world nowt
Mr. Plummer: And then there will be another answering machine bought.
Mayor Suarez: NO. no, that's got to be a projected fund balance. Yhatevior it
to you were told during the budget bearings, there's got to be a Projected
fund balance. It may not be the actual fund balance at the end of the year,
but there's got to be a projected fund balance. You are budgeting for a
fiscal year. I mean, You've got to have some idea hew much noney you aM
planning to have at the end of the year, and if you don't have it yet because
117 Mpts 11 w
a _
1 1
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we've got some other things to work out today, I hope you have it pretty soon.
I seen, I would have hoped frankly, to have had it the day of the vote on
second reading for the budget.
Mr. Plummer: Well, of course, there are fund balances, otherwise known as a
contingency fund.
Mr. Odic: No.
Mayor Suarez: That's another way to look at it.
Mr. Plummer: What do you mean, no?
Mr. Odic: Well, we hope that the things will fall in place and that at the
end of the year, we are finishing this year with $10,000,000 and we hope that
we can end up this year with the same.
Mayor Suaraz: OK, the projected fund balance for the next fiscal year, as you
have plugged into your budget for the next fiscal year is $10,000,000 again?
Mr. Odio: See you don't plug a fund balance, but we start off with a fund
balance of seven, basically because we used some of the fund balance to
balance this budget, so that we won't have to cut any other department. Then
we project that we can make up $3,000 back up to ten at the and of this year.
Mayor Suarez: That's what I mean, of course. If we have $10,000,000 in the
account, we will have $10,000,000 at the end of next fiscal year. In other
words... OK, I see. Now that you have reached steady state, we should have
the same amount that we have this year, at the end of next year's fiscal year.
You've otherwise going to spend all the other revenue that comes in, minus, or
plus whatever...
Mr. Odic: That's the target that we...
Mayor Suarez: ... savings happen to come in or losses, God help us!
Mr. Odic: See, last year we used...
Mayor Suarez: So you are shooting for the same fund balance that you have at
the and of this year, and your estimated this year, which is only four days
away, or three days away, or whatever it is, it is going to be $10,000,000?
Do we have any actual estimates, or not estimates, do we have any figures of
what it is right now? You are telling me it is six zero seven on September...
Mr. Surans: I really can't because we are stilling looking at a lot of items,
revenue items, expense items. We are still working on those numbers. By the
next two weeks...
Mayor Suarez: Mano, that's not what I mean. There should be a way of telling
at any time how much money we've got in the accounts, the operating accounts
of the City of Miami that are not allocated for some long term purpose or
capital purpose, or otherwise earmarked or spent and somehow waiting to be
disbursed, or whatever, and if we don't know that, then you know, we should
know that.
Mr. Surana: Right. We had $10,000,000 in the bank.
Mr. Odic: We have. You think it...
Mr. Surana: Now, how such are we going to use?
Mayor Suarez: Whenever I ask you a question, you almost always tell M
$10,000,000. It sounds like a very round figure, Nano. It you told me Mine
million, you know, eight hundred and sixty am* thousand, so many dollars and
pennies, I'll gat an idea that you actually checked an account.
Mrs. Kennedy: Nano, you also used the number of seven, so I think that you
should state on the record that you have seven, but you will increase it by
the end of the year to carry over ten.
Mayor Suarez: Yes, in four days you are going to grab another $3,000,000, er
borrow it, or steal it, or whatever you have to do.
lie h►tWOOr 278 1#"
1
Mr. Plummer: Let me remind this Commission that when I first when on here,
there always used to be a reserve account of $3,000,000 for a hurricane.
We've been blessedl Today $3,000,000 would not cover the cleanup of this
City, if in fact, we had a major storm in this community. I think the other
thing that we have to remember and we've seen demonstrated, unfortunately, is
the self-insurance fund. That has had some major, major problems and it will
continue because it doesn't look like it is going to get better. I no saying
to this Commission that I think that $7,000,000 with a good hurricane and a
major problem in the self-insurance fund could wipe that balance out,
absolutely overnight.
Mayor Suarez: I have to...
Mr. De Turret Whether it is $7,000,000, or $10,000,000, or $12,000,000.
Mr. Plummer: No, I think you are looking at at least a $3,000,000 to
$5,000,000 cleanup in this community if you had a major storm.
Mayor Suarez: I disagree with the analysis on the risk management, I think
that the last three years we have managed to bring under control potential
liability, I don't know of a single, major lawsuit incurred as a result of
this Commission's action. In fact, one of the things the media ought to take
Into account in doing these analyses of retirement pays and severance pays and
separation pays that we have given is that we have avoided lawsuits in many
cases, that we otherwise would have had, and for which people have in the past
sued the City and got a substantial awards or settlements, not to mention
legal fees and so on, and I think we've got the risk management situation
under control. Obviously, if you sit down and analyze potential risk, you can
always come up with all kinds of huge figures, but I'm vary, vary happy of the
work that has been done in that regard, and how well the City is handled
lawsuits against it. On the hurricane, I am not going to comment. I don't
really know what it would take and I don't know if we are going to get hit by
one. I suppose we have to always have some contingency balance for that,
obviously.
Mr. Plummer: Well, Mr. Mayor, all I was saying in 1970 when I came on this
Commission, there was a line item budget there for I think it was either
$2,000,000 or 43,000,000 even though it was carried over, but I am saying
today that number would not be adequate for the necessary cleanup in this
community.
Mr. De Turre: When did we lose that $2,000,000 or $3,000,000?
Mr. Plummer: When we vent to self-insurance, Victor. We didn't have enough
money to fund it and we went out on a limb and to put in self-insurance and we
never refunded it. I guess we felt kind of like the Mayors up north, they
make or break their budget by the amount of snowfall and...
Mayor Suarez: And then when they break it, they go to the federal government
for...
Mr. Plummer: Relief.
Mayor Suarez: Right.
Mr. Plummer: Natural disaster.
Mayor Suarez: Anything else, Commissioner? Anything else, anyone?
Mr. Mariano Cruz: Us.
Mayor Suarez: I was afraid of thatl Mariano.
Mr. Cruz: My Sate is Mariano Cruz, 1227 N1i 26th street. I wasn't SOLS to
cone here this year, but anyway I cask every year, since now I see that they
are working...
Mayor Suarez: We are going to have it on...
Mr. Cruz: rinally, finallyl
lit
"W"" V*Ms
Mayor Suarez: ... days that you don't have off next year, I sm going to talk
to the postmaster so that he doesn't let you off on the day that we have our
hearing so you can't come.
Mr. Cruz: I work part time some place else, to I mean, it doesn't make any...
the only reason I came because I cotes for this part of the hearing, because it
Is after St00 o'clock. gas, I can't be here at 9t00 in the morning, 1OtOO in
the morning, I an not a paid lobbyist. I don't have an interest coming here,
so...
Mayor Suarez: Don't give us any more preambles, get to the point.
Mr. Crust Right, get to the point.
Mr. Dawkins: Take your time, you live in my neighborhood, take your Lintel
Mr. Crust Well, I take my time, there is plenty of people here, I pay my taxes
too, right? So it don't make any difference. I am maybe feeling, I'm the
only taxpayer here, I mean in the City. There are plenty of taxpayers paid by
me, the only one that doesn't work for the City.
Mayor Suarest Tou call what we get paid, working for the City? Go ahead,
go ahead. If I don't want you to do preambles, I shouldn't do it either.
Mr. Cruz: Maybe you will get a , who knows? Well, I was coming
here every year talking about the parks. One of the things here, the specific
purpose which ad valorem tax revenue being increased, for public safety
service, but I am not going to mention, really, what will be going on in the
parks, I will have to wait maybe a few months to see what the new team is
going to do, so we wait a few months for the report card. But see, I had a
specific complaint about the parks in two instances. One instance, when the
Parks Advisory Board was created, my community and a group of children, we
went to almost all the meetings at Legion Park, different parks about, and the
only thing that was given to the Allapattah-Comstock was the lights, and those
lights were promised in 1982, so we were not getting anything new, no
recreational room or anything. Other parks, they have recreational roans.
Mayor Suarez: What is planned for that park with the new capital improvement
budget, do you know?
Mr. Cruz: The amount that we are getting is about $300,000 with lights.
Mayor Suarez: I know we are delayed on it, but we are moving a lot quicker
than we were before.
Mr. Cruz: Right, still, but that was six years being... we ask help but,
other parks, they have got lights and recreation rooms, they improved on that,
but we don't even get...
Mayor Suarez: Does the $300,000 include lights?
Mr. Cruz: Just lights, that will be that) That's it, but no recreation
room...
Mayor Suarez: But that's in the capital improvement budget that we have right
now, the $8,300,000, correct?
Mr. Cruz: Right, OK, so we are still waiting for that recreation room, maybe
you find it in another pot; I mean, $300,000, $400,000, they can use for that,
and another thing, since you mentioned, or the Commission mentioned about the
part-timers, I know specifically about part-timers at Comstock-Allapattah,
they have been in the City more than two years, he even resigned once, I vas
talking...
Mayor Suarez: Do you have any names of somebody who has been there more than
two years, because apparently we ought to give specific sass&.
Mr. Cruz: And he now, he got a decrease.
Mayor Suarez: Who are you talking about?
Mr. Cruz: A part-timer there.
120 tMNtitsr 27
1
Mayor Suares: Do you remember the nave?
Mr. Crust Teo, Jones Lee. no resigned from the City once, I talked his into
working. Me was the first person going there who has gone there who has done
something for the children, especially single parent families to children
from - under public housing. He is the only one that has done something.
They competing in the Lipton Tea and the tennis tournament, touch football,
all over going to the
Mr. hummer: So is he now full time? Is James Lee now full time?
Mr. Cruz: No, he applied to be a full-timer, but he wasn't chosen. but now,
you know this one...
Mayor Suarez: Tou know, the sad thing, and let me add to what you are saying,
yes let...
Mr. Cruz: Right, $5.00 and hour, he went down to $4.50. He gets $5.00 in the
summer, now he is making $4.50.
Mayor Suarez: Let tie add to that that a lot of times it just happens that
some of the best employees we have are some of these part-timers that are
desperate to be full-time and otherwise we lose them to other jurisdictions.
Mr. Cruz: Right, I know. I told him, James...
Mayor Suarez: Like what he was saying happens to our police officers after we
train them, I hope people identify those people that are working hard in the
departments in question and really do the best, instead of some of the... I
won't say what kind of network that seems like we used to have in some of the
departments.
Mr. Cruz: He stayed because he is dedicated and he got his part-time too as a
substitute teacher. Like I told him, you can't pay your bills with education,
I man, $4.50 and hour? He was making $5.00 in the summertime, but then he
got reduced fifty cents because he is not serving lunch now.
Mayor Suarez: We got the point on that, anything else?
Mr. Crust That's all, that's all I wanted to say.
Mayor Suarez: OK, you know what...
Mr. Dawkins: What can we do to make that guy full time?
Mayor Suarez: And do we have an answer on how many of them altogether? I saw
you guys were over there powwowing.
Mr. Odio: Thirteen that we can sake...
Mayor Suarez: Thirteen?
Mr. Odio: Thirteen that we can make permanent right away.
Mr. Cruz: He applied to be a full-timer, but he wasn't chosen.
Mr. Odio: And we'll go ahead, as you wish, and make them permanent right
away.
Mayor Suarez: Thank you. OK, all of the ones that have been part-time is
excess of what, a year or...?
Mr. Odio: Thirteen, than.
Mayor Suarez: All of them?
Mr. Odiot Teo, thirteen of than.
Mayor Suarezt I thought we had something for you. Cplmidsiomer?
121 forts or 27• 140
Mr. De Turret Test last week I requested information going back three years
on severance pay in the City of Miami and I received a list, which I have
right here, which I would figure is a c amplete list for the last three years
of severance pay in the City of Miami. What I am looking at for the year 'IS-
189 severance pay, employee benefits, it exceeds $2,000,000, an addition of
$143,000 over this currant fiscal year, and it is one or two things, either
the list is short, or I need an explanation why we have $2,000,000 for
severance pay for next year.
Mr. Plummer: That's easy. Accrued sick days, earned overtime.
Mr. De Turret OK, here is the list that you sent me, Cesar.
Mr. Plummer: Too, but you are talking about a total list, Victor, that's
people who retired that have earned overtime, sick days. All of that is built
up on each individual. That's all part of E0.
Mr. De Turret Well, I *eked for a list, and this is what I got.
Mr. Odic: That's the...
Mr. Plummer: Oh, no, well, you can't give a list, because you don't know who
is leaving in the coming year.
Mr. De Turret Well, I asked for the last three years, who had left.
Mr. Plummer: Oh, I'm sorry, I'm sorry, I thought you meant for this coming
year.
Mr. De Turret No, no. Well, go on the record and tell we what you have.
Mr. Odic: Yen, under the severance pay...
Mr. Plummer- wall, I can tell you that every person that retired, got some
kind of an amount.
Mr. Odic: Give him the breakdown on that.
Mr. Surana: I don't have background.
Mr. Plummer: Everybody did. They have earned overtime, ...
Mr. Nano Surana: No, if it is severance...
Mr. Plummer: ...they had sick days, they had all of that.
Mr. Surana: OK, this is the sick time, vacation time for all City
employees...
Mr. Plummer: That they cash in when they leave.
Mr. Surana... who leave the City, and we are spending about that range, about
$2,000,000 every year.
Mr. De Turret OK, I'd like to have a copy of that list.
Mr. Suronat OK.
Mr. De Turret Also a name, and maybe we can get some information on that too,
and I an not going to get into the severance pay issue, which I've scheduled
it for the general meeting, the next general meeting, but a name that doesn't
appear here, and I got a call from a reporter, that woke we up this earning,
In tact, about 1:00 o'clock, asking about Mr. Patterson in the Solid Waste
Department.
Mr. Odic: Oh, yes, I'm sure that question... I'm ready for that question.
That was a settlement of a lawsuit that Lucia Dougherty, City Attorney
handled. I can tell you the figure right now...
Mr. De Turre: No, but did he get any severance pay or not?
Mr. Odio: ... he did not receive any severance pay, he did not.
122 MPt«Mtrt 17" It*
Mayor Suarez: what was the argument...
Mr. Odio: The agreement made...
Mayor Suarez: ... shy he should be entitled to anything in addition to...
Mr. Odle: He wasn't. what we did, we had Lucia... he filed a lawsuit, and
the City Attorney proceeded to talk to his attorney and settled the matter and
the arrangement was that he would get paid. He would be on the payroll, not
severance pay, for $7,500 for one year, so that he could get his full
retirement, and that was the settlement reached by the City Attorney and if
you want any more details, you'll have to ask her.
Mr. De Turret No, I just want to know. So he didn't get any severance pay?
Mr. Odio: No.
Mr. De Turret OK.
Mrs. Kennedy: Rxcuse me, she just happens to be here.
Mr. Odio: Oh, hi, Lucia.
Mayor Suarez: Former City Attorney. Well no, that's all very fine and good,
and obviously she may or may not want to answer now that she is a private
attorney, but before you ask her, I'd like to know from you, I'd like to know
from the Manager, what was the reason? - if you remember. If you don't
remember, take a little...
Mr. Dawkins: The remember was... let me tell you, the gentlemen was
dissatisfied with the way he was dismissed. The gentlemen went to court and
filed a lawsuit and between his attorney and our City Attorney, they
negotiated a settlement, and once the settlement was negotiated and reached,
the City Attorney recoaasanded that this settlement be accepted, because it
would be less money than going to court, fighting the case, and that's how it
happened.
Mayor Suarez: Mr. Manager, from your recollection, if you know, what was the
argument of Mr. Patterson? - why he should be paid additional salary for a
certain period of time, after he was asked to...
Mr. Odio: You mean the $7,500? I don't remember the legal argument, no sir,
I don't.
Mayor Suarez: When we get into this item, assuming that it comes up at the
next Commission meeting, I don't know if you have requested it already,
Commissioner De Yurre...
Mr. De Turre: Ten, I have.
Mayor Suarez: ... I would like to establish a policy that clearly states when
we are going to even be involved in negotiations with employees that are being
asked to leave. Sometimes we do have potential liability, sometimes we don't,
and I think we ought to come up with some guidelines. I feel very strongly
about that, I think that, you know, there has got to be a good, valid reason
why somebody's entitled to get something in addition to these incredible
pension benefits, which is going to be my next and last remark. We've talked
about how we can begin reducing the pension benefits of new employees of the
City of Miami. I believe you have told as as to existing employees that have
full benefits. I don't know if you have to have full vested benefits, that we
can't do very such about their entitlement. I have some doubts about that,
because I know other cities that have had financial crisis and figured out a
way to reduce even for existing employees, but I don't know that that battle
Is worth waging and I don't know that we'd ever win it. For all now hires, I
have sent mesa after now, I don't know how many altogether, in terms of
memorando, asking how we can begin to reduce, just like we did, the starting
pay for general employees, how we can begin to reduce for all employees what
they are entitled to after numbers of years of service, because I thIj* We are
one of the highest, we have to be one of the highest cities in terra of
pension benefits. The formula of 70 to as does not make any sense, you know,
that somebody would have full benefits because of their age, and the number of
123 September 27, l"O
µ
pears of service happen to Odd up to 70, and even that figure actually goes
down, depending upon certain other circumstances, is to me, not acceptable.
That Deana that somebody who is... Mr. Manager.
Mr. Odiet Teo, air.
Mayor Suares: somebody who is 40... by calculations, someone who is 44 years
old, who started working when they were 16, can have full benefits, which
could mean 90 percent of their highest salary, and if their highest salary
was, let's say $100,000... some people, or $90,000, they would get $61,000.
Mr. Plussaar: No, no, not if they started when they were 46, at 18. That's
set 70.
Mayor Suarez: Well, that, or my algebra is wrong.
Mr. Plummer: 44 and 19 is 62.
Mayor Suares: Number of years of service, plus their age.
Mr. Plummert It's got to be 70.
Mayor Suarez: You don't add it to 18. That's the year they started. Anyhow,
It is in the aid-401s. The rule of 70 is...
Mr. Plummer: Well, but the rule of 70 is only...
Mayor Suarez: ... your age when you retire, not when you came in.
Mr. Plummer: But that is only police and... no, no. It is the combined.
Mr. Odic:
Mr. Plummer: Police and Fire only are...
Mayor Suarez: It's your age, plus your number of years of service, is it not?
Mr. Plummer: Your age plus 70, you have to total 70 for Police and Firs...
Mayor Suarez: Right, so if you started at 10, and you are now 44, you've
served 36 years, which means you have fulfilled the rule of 70, OK. That is
way to young an age for someone to have full benefits and on top of that, the
benefits are too high. The last time I sent a memo on this, I got a memo
back. I believe it was signed by Dean Mialke, it may have been signed by you,
that said that for us to reduce pension benefits for new employees would
somehow affect the actuarial soundness of the system. And I know you would
have to take a position that that is the case. I take the opposite position,
that cannot possibly be trust We've got to be able to reduce benefits for new
employees, reduce their contribution, and reduce obviously, their benefits.
That's the formula that has got to work. I don't want an answer on it today,
I don't want to have a debate on it, because if I have to bring my own
actuarial experts, I will, I will hire them, I will do whatever it takes.
That cannot possibly be the correct answer, and you have assured as that as we
negotiate, since you have forgotten, the next set of... the next round of
union contracts, that we will in fact be looking to accomplish that, and that
will be one, at least for this Comissioner, one negotiating issue.
Mr. Odic: Let me explain something...
Mr. Plummer: Nall, wait a minute, let me ask a question. Where am I off?
44 and le are 62.
Mayor Suarez: No, you don't add it to the starting ago, you add it to the ass
of the parson at the moment of retirement, plus the years of service.
Mr. Plummer: No, they have got... it is a combination of their age and years
of service have to total 70.
Mayor Suarez: Right, the age is not 18, they started at 16. I " just saying
that someone who started when they are 18, by the time they are 44, theyovs
served 26 years. You add that to 44, and you've got 70.
124 aft+�Ms �7 1
Ll
0
Mr. Dawkins: Tee, but you can't be a police officer until you are 21, so...
Mayor Suares: Somebody in Parks then.
Mr. Dawkins: Somebody thought of that.
Mayor Suarez: Somebody... you know, in the esse of a police officer who is
21, maybe it ends up being 49 years old, or something. It is still in the
♦0's.
Mr. Plummer: Oh, oh, OK.
Mayor Suarez: OK, are we going to Oaks same...
Mr. Odio: Let ma tell you, Mr. Mayor, we have done, since you requested two
years ago, we even want to the state, and the state turned out to be more
expensive for us and - but the actuarial@...
Mayor Suarez: but by reducing benefits, you've got to be able to reduce the
City's contribution.
Mr. Odio: Let me tell you where, what your savings will come in are a
reduction of the pension is the two pier pay system
Mayor Suarez: Oh, I know that of course, by reducing the actual salaries we
pay, we also reduce the pension benefits.
Mr. Odio: That will reduce that.
Mayor Suarez: but by reducing the rights to pension benefits, by changing the
formula, if you are saying that you can't change it, I hope you don't may that
to me, not todayl
Mr. Odio: well, I won't say it today.
Mr. Dawkins: I agree with what you are saying, but we just sat up here a
little while ago and talked in terms of how other police departments are
recruiting our well trained policemen and now you are talking about not being
competitive, and you are going to lose them anyway. I moan, same kind of a
way...
Mayor Suarez: before we were talking about somebody who is two years on the
force, who gets fully trained and then leaves, and we want to impose some sort
of penalty when he leaves.
Mr. Dawkins: No, no. J. L. Plummer said, and if I am lying, correct me, that
some people from California came in here and recruited our well trained
policemen and took them back to California with a better package than ve
offered. Is that a correct statement?
Mr. Plummer: No, no, not our policemen. They recruited 236 people from the
community, not our policemen. The people that put the raid on our Police
Department was the School board's security force. That's the one that pulled
the raid. The competitive angle still stays there. Mr. Mayor, let me...
Mayor Suarez: That if in fact, that if in fact. Follow your argument, if in
fact, by doing what I am proposing, we get into a situation when we are not
competitive, and we can't get the best employees and somebody can show that,
you know, than of course that would be an important consideration.
Mr. Dawkins: I agree with you, the pension is our of line, I agree with that,
I can't argue that. Yes, but how we correct it, I don't know.
Mayor Suarez: No, I don't either, and they haven't come up with any
particular answers for me either, in two years of battling on this.
Mr. Plummer: You have approved the fire contract today for three years, and
that's locked in now for three years. You approved the fire contract for two.
Mayor Suarez: Wait, no, because the three years actually began some time ago.
Mr. Plummer: Well, two more years, excuse me.
125 •epte"or 21,
I
Mr. Dean Miolkt: Mr. Mayor and Commissioners, the fact of the matter is,
you've got pension negotiations coming up in the next few weeks and you'v* Sot
that whole thing up...
Mr. Plummert Outside of the contract?
Mr. Mielke: Too, outside of the contract, up for grabs, so you have got •
crock at that coming up.
Mayor Suarezt I think that was the lost time that I asked about it, that was
the answer that I got, that yes, we would be able to get into it with the
pension negotiations taking place. I hope that somebody is attentive to that,
because there is still the out issue that I have to admit to people, we have
not made any dent in, in the amount of time that I have been here and
Ces■missioner Kennedy has been her*, and that is one issue now. If we think,
if the Commlesion feels it is a matter of policy that those are fair benefits
to pay for all now employees, well you know, I lose that round, but I don't
believe we believe that. I don't think we think that. If you tell us
technically it cannot be changed, that's different, and then if you tell me
that...
Mr. Mielke: I'm not saying that at all.
Mayor Suarez: Wall, I have one memo from you that says pretty such that Dean,
and I can dig it up. it was about a year ago, and I got worn out of battling
It out, but...
Mr. Mielke: No, I think what we said, in response to that, if I am thinking
of the right memorandum, was that part of the predication of the settlement of
the Gates suit was a certain cash stream coming in at a certain level to help
meet the benefits, but I am not saying, nor are we saying that we can
negotiate now plans. Obviously we can...
Mayor Suarez: Yes, I have done those equations, I know what they look like,
but for new employees, they have to have a certain percentage of contribution
and we have to have allocated a certain percentage of potential benefits from
those new employees, and you have to make sure that part of the equation
balances out, otherwise you affect the actuarial soundness of the rest of the
system. I know that can be done, and I hope I don't have to bring an expert
to prove that.
Mr. Plummer: What you art saying is just start a new system.
Mr. Mielke: We are coming up for grabs on both of the pension plans.
Mayor Suarez: Because they are incredible benefits and those in turn affect
the severance pay that we have to pay. I man, people are entitled to huge
amounts of money and you know it is difficult to negotiate with them when they
are getting ready to leave, sometimes when they don't want to leave, and they
are getting ready to leave and they don't know about it. OK, anything on item
15T Anything further, anything from the general public?
36. SECOND READING ORDINANCE: Define and designate territorial limits of
the City of Miami for purposes of taxation, fixing millage and levying
tax*s for TY ending September 30, 1989.
Mayor Suarez: I entertain a motion on the millage rate.
Mr. Plummer: Did you close the public hearing?
Mayor Suarest Too. The public hearing is hereby closed.
Mr. Plummer: We are now on 16?
Mayor Suarez: We need • motion to adopt the final millage rate.
Mr. Plummer: Is that 167
126 septaser sit 1"s
F
0 0
Mr. Irarnandese That's IS.
Mayor Suares: Oh, read the ordinance, I sm sorry.
Mr. f*reandes: And at this time, the ordinance has to be read in its entirety
pursuant to state statute.
Mayor Suaras: OK, and before that, do we have to actually have a motion to
smend the adopted tentativ* budget as indicated here in these little steps
that you hav*7
Mr. Surana: I guess there are none at a different rate. There are no
smendnente, so we can go to the item 16.
Mayor Suares: There are so smendments, OK. Read the entire millage
ordinance, please.
Mr. Plummar: Eacuse me, I made an amendment which passed this Commission.
Mr. Surana: You said set aside the money and we are going to cone back next
City Commission meeting with an ordinance for that.
Mr. Plummer: So you are saying that is not an amendment?
Mayor Suarez: Well, it was already resolved then and passed, I think.
Mr. Surana: Right.
Mayor Suarez: So we already complied with that. OK, read the millage rats
ordinance, please.
THEREUPON, TIM CITY ATTORNEY READ THE CITY OF MIAMI MILLAGE
ORDINANCE IN ITS ENTIRETY INTO THE MLIC RECORD.
Mayor Suarez: We need a motion and a second.
Mrs. Kennedy:
Mayor Suares: We have a motion, do we have a second? I second. I seconded
In the absence of any other second. Vic* Mayor moved it, I second it.
Mr. Plummer: Oh, OK, motion understood. Any further discussion? If not,
call the roll. Excuse me, is Commissioner Dawkins in the audience? Due to
the lack of interest, today has been cancelled. Commissioner Dawkins, we are
ready for a vote. Pleas*, the Manager is having a heart attack. Can he add
his vote when he comes into the room?
Mayor Suarez: No.
Mr. Plummer: No.
Mayor Suarez: Does he want to be recorded on this vote? OK, is there any
other motion we can take up? Marty, how about if you come and began, give us
a little bit of a presentation on the Downtown Development Authority, or
whoever has to give that? - while we get the Commissioner. Is he on his way?
Mr. Fernandez: We still have then, the next ordinance, the appropriations
ordinance, Mr. Mayor, that's a companion item to this.
Mayor Suarez: I can take testimony on any item that I want at any time. Go
ahead.
Mr. Dawkins: Merel
Mr. Plummer: Commissioner Dawkins, item 16, the motion to approve by
Commiasioner Kennedy, seconded by Mayor Suarm further discussion?
Mr. Dawkins: To approve what?
Mr. Plummers Item 16.
117 i t rs 00 Imo,
t
s
Mayor Swarest The allied* rate and the budget.
Mr. Plr■mert That's fining the miUfte.
Mr. O wkisat 0K.
Mayor Suarest Second reading.
Mr. Oawkisst All right.
Mr. Plummert Call the roil.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING T1R TERRITORIAL
LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE Of
TAXATION& FIXING THE MILLAGI AND LEVYING TAXES IN THE
CITT OF MIAMI, FLORIDA, FOR TIR TISCAL TEAR QGINNING
OCTOSER 1, 19ld, AND ENDING SEPTEMSER 30, 1989;
CONTAINING A SEVERASILM CLAUSE.
(MOTS: More follow body of ordinance read is its
entirety)
Pass*d on its first reading by title at the meetAsg of September 9,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Mayor Suarez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor Do Turre
ASSENT: Non*
ZHE ORDINANCE VAS DESIGNATED ORDINANCE NO. 104e3.
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the aembers of the City
Commission and to the public.
37. SECOND READING ORDINANCE: Make appropriations for City of Miami for FY
ending September 30, 1989.
Mayor Suarez: OK, do we seed to...
Mr. Fernand*s: Itan 17.
Mayor Suares: adopt the f lsal lwjft t me a separate remiution?
Mr. Surana: Tea, sir. I
Mayor Suarez: I entertain a motion am the budget.
Mr. Dawkins: Move it.
Mr. PluIslas r: Second.
Mayor Suarez: Do we have a motion? Did you mve?
Mr. Zlummer: I thought you moved it. 1 mmmaded it.
Mayor Suarest Any discussion?
438
Mr. Dawkins: Discussion. It Still holds that Computers will be only be
funded at erne -twelfth of their budget, until they get their act together, dot
that together.
Mr. Flusmor: As Wall as any expenditure changed or transferred over $50,000
bee to come before the City for City Commission approval.
Mr. be Turre: Or totaling over the course of the year, totaling more than
$50,000.
Mr. Flum mer: No, that was a line item budget.
Mr. De Turre: It can't be 00,000 and...
Mr. Flummere $50,000 in a year is nothing)
Mr. Do Turret Well, that's what we are talking about $5,000 moved it up to
$50,000.
Mr. Plummer: To $50.000... any line item change of $50.000 would have to come
before this Commission.
Mr. De Turret Tao, but not that fifty...
Mayor Suarez: The cumulative changes of all line items?
Mr. Dawkins: No, no, no...
Mayor Suarez: Modifications with will add up to fifty. I wasn't present when
you guys made this.
Mr. De Turret What I am saying is that if it's twenty-five today, twenty-five
tomorrow and twenty-five the third day...
Mr. Plummer: It would not have to come before this Commission.
Mr. Do Turret Well, that, I am not agreeing with that, because you could do
that every dayl
Mr. Fernandez: At the last City Commission meeting, a resolution was passed
which has already been signed and recorded with the City Clerk.
Mr. Plummer: Read us the resolution.
Mr. Fernandez: I have to get it, J.L.
Mr. Plummer: What do you mean you have got to get it? You said it was in the
Bands of the Clark.
Mr. Fernandez: Well, it has already been signed and recorded.
Mr. Plummer: Let's read it.
Mayor Suarez: What was the import of the resolution? - because I wasn't
present.
Mr. Flummer: The difference whether or not •A,• given $50,000 par item, or
accumulative of $50,000.
Mr. Fernandez: The way the resolution was drafted, it was a total of...
Mayor Suarez: Cumulative.
Mr. Fernandes: That's the way that we understood the record.
Mr. De Turret That's right.
Mayor Suarez: Otherwise it could be $50,000 in tan different line item
changes a day. Actually, it is not even limited to $50,000 a day. It could
be $40,000 in one day, and $49.000 later in the day.
1 0 0
Mr. Flummer: Tao, but per line Item, per line item. it's not... you eouldn't
do that is mse dives 1180 ltmm, amless you did it more than =40,000 or
$S0,000. 11sy look. yw know, 7M can do it any way you want. I's just saying
that this ogoIAa is going to to one hellocious agenda if you do it on
accumulative.
Mr. be Turre: ?vet it on the coseest agenda. Tou know, if we have any
questions, we bring it up, if sot, 3t just flows right through.
Mr. Flusiaert Now do you think it reads?
Mayor Suarez: Yell, now wait, we have...
Mr. Fernandes: Teo, the sus total of.
Mayor Suarez: Tea, we have an iatmesasting point here sow. Are you saying
that... I wasn't present for this discussion. Are you saying - Com►issioner,
are you saying that if a total of $50,000 in modifications are mode
emulatively from the beginning of the fiscal year, which is October 1, on any
item, even if they are not the saws lies item, that triggers?
Mr. Flummert go, line item.
Mayor Suarez: It would have to to im she one line item.
Mr. De Turret The one line item.
Mr. Plummer: What he is saying is that when that line item transfer exceeds
i50,000, it's got to be brought before the Commission.
Mr. De Turre: Up or down. Up or itosr"..
Mayor Suarez: Cumulative. 01t, well, that shouldn't twins to a halt the
functioning of...
Mr. Fltmmer: That's the way I understood it. Hey, there is five of as trying
to see what happens. Tou are going to have more paperwork generated around
here than you know what to do with. Computers will...
Mayor Suarez: We've been approving line item budget changes, not $50,000, but
any major changes we have been approving. I've seen them on here, and I
forget how we have defined major in the past, but...
Mr. Plummer; Computers will go from $6,000,000 to $5,000,000. Go ahead.
Mayor Suarez: Actually, I've a feeling we've been approving line item
modifications of any amount that could be identified as a line item
modification over the years. Now, when they weren't identified as a line item
change and it is simply kind of shuffled around hers right and left, and we
have and haven't approved it.
Mr. Plummer: Well. wait until me got to the Sports Authority budget, because
that's where this is really going to come hose to roost.
Mayor Suarez: Olt, the resolution reads,
"The City Commission hereby aKpreases the position that there is
no authority for the City 1lsaager during the fiscal year 1966-89
to transfer a total of moss than $50,000 between line item budget
accounts of any City Depart at or office unless the City
Commission has given its advance approval of such transfer."
We are understanding that to be emulative and building that, putting that
Into the record, and so emderstaood. its have a motion sad a second on the
budget ?
Mr. Plummer: Teo.
Mr. Fernando:: No, it has to An so", it is by ordinance and so the second
and final reading of the appropriation ordinance reads:
130 27,
,� fz
TNZREUPON, THE CITY ATTORNEY READ TIE ORDINANCE INTO THE PUSLIC
RECORD, ST TITLE ONLY.
Mayor Suarest Call the roll.
AN ORDINANCE -
AN ORDINANCE MAXING APPROPRIATIONS FOR THE FISCAL TEAR
SNDING SEr=SER 30, 1969; CONTAINING A REPEALER
PROVISION= AND S&VERASILITT CLAUSE.
Passed on its first reading by title at the meeting of September 9,
191l, was taken up for its second and final reading by title and adoption. On
motion of Cowuiesioner Dawkins, seconded by Commissioner Plummer, the
ordinance was thereupon liven its second and final reading by title and passed
and adopted by the following vote:
ATESt Commissioner Miller J. Dawkins
Commissioner J. L. Plumiser, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
010ESt Commissioner Victor be Turre
ASSENT: None.
TO ORDINANCE WAS DESIGNATED ORDINANCE NO. 10414.
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. De Turre: We are voting on the budget nowt
Ms. Hirai: Item 17.
Mr. De Turre: No.
Mr. Plummer: Well, I'll vote yes, because I feel certain if this Commission
gets over -burdened with paperwork, it will change. I'm scared that's ghat is
going to happen from the looks of it.
38. AUTHORIZE DEPARTMENT OF COMPUTERS to expend monies from total annual
budget only on a factioned appropriation basis of one -twelfth par month
until said dept. completes computerization of Dept. of Personnel.
Mr. Dawkinst Mr. Mayor, I want to pass a resolution.
Mayor Suarez: Commissioner.
Mr. Dawkins: A resolution expressing the position of the City Commission that
the Computer Department does not spend more than oae-twelfth of its budget
until it has computerised Personnel.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Second. Sy that being understood that normal understanding
computerising the personnel records should be all readily available and stored
In computers. Do we understand it, that doesn't mean to go all the war basic,
necessarily, to the very first employee that the City ever had? Did you put -
any kind of restriction on that?
Mr. Plummo rt No, that's present employees, isn't it?
Mayor Suarez: OK.
131 SepteMor 27, 1
wY_1
Mr. Plummer: Nov, the osly tear I have, OK...
Mayor Suarez: Otherwise I can sae Nano starting to type right nor.
Mr. Plummer: Commissioner, if you don't put some directive, they are going to
have, ghat time they eat breakfast and what time they eat lunch. The
direction I think this Commission is trying to get to is...
Mayor Suarez: Within sensible parameters of the information that has to be
stored in there, I mean they have to decide that. We are not going to decide
today what information has to be stored.
Mr. Plumsere OK, you know, because they go wild.
Mayor Suarez: Teo. No, no, pleasel
Mr. Plu■mor: Like his fire reports.
Mayor Suarez: Teo, keep them logical and minuscule.
Mr. Plummer: before we had computers, your lire reports were one page.
Today, they are now seven pages.
Mayor Suarez: With the proviso that it must be as reasonable information I
guess, stored. Call the roll. Do we have a motion, do we have a second?
Mr. Plummer: Tea, I seconded it.
-The following motion was introduced by Cosssissioner Dawkins, who saved
Its adoption:
NOTION NO. 8e-861
A MOTION AUTHORIZING EXPENDITURES OF THE DEPARTMENT OF
COMPUTERS ONLY IN THE AMOUNT OF ONE -TWELFTH OF THE
TOTAL ANNUAL BUDGET APPROPRIATION FOR SAID DEPARTMENT
WITH THE HEREIN FRACTIONED APPROPRIATION TO CONTINUE
UNTIL SAID DEPARTMENT COMPLETES THE COMPUTERIZATION OF
ALL RECORDS OF THE DEPARTMENT OF PERSONNEL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
ATES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
39. DOYNTOWH DEVELOPMENT AVTMORITT: Discussion concerning proposed millage
rate and adopted tentative budget for DDA.
Mr. Fernandes: Next item now is DDA, Mr. Mayor.
Mayor Suarez: So 16, territory limits are defined for DDA purposes. Who do
WO have from the Downtown Development Authority, other than the newly skated
vice-chairman, who I gather is willing and able to make a statement? Marty, I
should tell you that today the Commission approved all of the now appointments
that have been recommended and that Commissioner !Summer, 1 think substituted
one because he felt that we had not been favorable to the ors individual whose
last same was..
Mr. Plummer: Robert Posner, the attorney.
t�
Mayor Suarett And has instead nominated, but I think it trill go quite wall,
because I Lahid Ramlawi and I told his that as to the individual that he had
Previously suggested, that we look favorably upon that appointment and we will
try to submit it to the Commission for approval.
Mr. Martin lines Mr. Mayor and members of the Commission, I an simply here as
vie* -chair of the ODA, along with Scott Bercow, one of our members, and Mr.
Brown, who is the working staff member, to answer any questions you way have.
Tou've had a long day. I've had a long day, we just want to be here to be
available to you. We have a budget of $1,457,666. We think it is vary
carefully crafted and put together and we await any questions you have and
hope you will approve it.
Mr. Plummer: What is your contingency fund?
Mayor Suarez: And give us your name, please.
Mr. Gilbert Browns Gilbert Brown, the accountant. We have $267,153, that is
under capital development funds.
INAUDIBLE SACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no. I am asking what is your total contingency fund?
Mayor Suarez: What we have done in the past is when a Commissioner has asked
for a contingency fund, it has been because of concerns about the taxability,
the ability to tax the people in the area because of the pendency of the
efforts to get the state legislation and what we did, we kept it as a
contingency fund until the Commission approved using it for capital projects,
so I think he is answering the question as to what was is our capital budget.
Mr. Plummer: No, that's for capital improvements, Mr. Mayor.
Mayor Suarez: Right.
Mr. Plummer: I'm asking...
Mayor Suarez: But that's how we ever came to have a contingency fund. We've
never had a contingency fund on a budget of $1,400,000.
Mr. Brown: No, we don't have it. To the best of my knowledge, Mr. Plummer,
we don't have it.
Mayor Suarez: That year you asked for us to reserve no less than $300,000.
Mr. Plummer: Exactly.
Mayor Suarez: Because we had questions as to whether we would have any budget
at all, other than whatever was carried over from the prior year, because we
didn't have a state law that allowed us to tax, and so we kept that and later,
by Commission approval, turned it into a capital budget, so it is a similar
capital budget, which at any time, I guess we could stop spending if are had a
contingency that developed, but we don't have a contingency budget per as.
Mr. Plummer: In reference to salaries, you've had a change in the executive
director, who just vent out, was making how such money?
Mr. Brown: That was 495,000.
Mr. Plummer: $95,000 plus the parks.
Mayor Suarez: Whose salary is that, I'm sorry?
Mr. Brown: Executive director.
Mr. Plummer: The director who has gone out.
Mayor Suarez: We are looking to make a substantial reduction, OMMImsaiones,
In the executive director's salary, for the new executive director.
Mr. Plummer: Wall, that is the point I sm trying to get to, because...
4.
133 h9taNes �1,
Mayor Suarez: If you would like to give us an indication of what you would
see favorably as that salary, I would be happy to hear that.
Mr. Plummer: Yell, Mr. Mayor, the point I Oft trying to sake, if it can be
beard, ninety...
Mayor Suarez: you know who has been selected, of course?
Mr. Plummer, you, air, I saw in the paper, Matthew Schwartz. That actually
costs out to roughly about $150,000, with perks, is that correct?
Mayor Suarez: Yell, perks in the Downtown Development Authority for actual
members say be a little less than for City employees, Commissioner. I would
think that is a little high, but I may be wrong.
Mr. Plummer: The point I sm trying to sake...
Mayor Suarez: It is certainly substantially over $100,000.
Mr. Plummer: No, it is $95,000 salary in band.
Mayor Suarez: That's why I said substantially over $100,000.
Mr. Plummer: Oh yes, substantial, all right, but under $200.000, that
substantial.
Mayor Suarez: I don't think we are going to go that high, but...
Mr. Brown: We just have an additional $22,000 in fringe benefits.
Mr. Plummer: The point I am trying to make is, you are shoving an increase,
yet the Mayor is indicating that there is going to be a savings. It doesn't
make any sense why you are increasing it by $40,000. I an trying to build up
a contingency fund in the DDA, and I am going to go through this on line item,
every one, because the Mayor has just made his position very wall known in
reference to pension, yet the pension in here is 10 percent of salary, which
Is higher than what the City In paying. Nov, there is a lot of discrepancies
In here. I an saying to you that I want to see a contingency fund in that
DDA.
Mayor Suarez: Why? I mean, the only reason we ever set one up was because we
weren't too sure that from year to year the legislature was going to approve
our taxing powers. Nov, that's been approved indefinitely in the legislation.
Other than stopping the function of DDA altogether, which I suppose the
legislature can always do.
Mr. Plummer: Mr. Mayor, the point I am trying to make is, that a contingency
fund that would be approved by this Commission.
Mayor Suarez: Well, how about this? We've got a capital budget. I don't
know how such of the capital budget has already been approved for spending.
We can set aside all, or part of that for approval by the Commission and you
can call it a contingency fund, if you want. As the year goes on and we get
ready to spend the monies in capital expenditures, we can come back to the
Commission. That. would be really...
Mr. Plummer: Mr. Mayor, if you establish that at $300,000, half of my problem
will be over.
Mr. fine: J. L., it is in the budget here at two sixty seven. Can we leave
It there?
Mr. Plummer: but it is not called contingency, and it in not restricted to
approval by this Commission. That's what I want.
Mayor Suarez: Well you know, I don't know how the rest of the Commission
feels. You've got your appointments on the DDA board, you ought to give them
some discretion to spend this money. You can give them an indication that
you'd like to treat it as a contingency fund and to make sure that they
understand that as they use it up during the year, that we are reducing the
contingency fund. I think you ought to trust the DDA board to be able to
spend that kind of &easy wisely every year.
134 S*ptemees $I,"
0
Mr. !leas That's in excess of 20 percent of the budget, J.L.
Mr. Plusaser: I understand that. 1 smderartand that, but I don't vent to over
get into the position, Marty, where we were before. I would rather have a
surplus at the end and let you spend when we know that everything else has
been met.
Mayor Suarez: Nov about this, J. L., Commissioner, how about if we do like we
do with the Legal Department, that we actify you for potential objections and
give you a certain number of days to object prior to spending any of the
capital budget, but not go through each time the process of this Commission
considering what is the ideal...
Mr. Plummer: If in feet any Commissioner were to object, that they would come
before the Commission? I have no problem with that.
Mayor Suarez: Now many days would you like to have before we spend any of
those monies? Nov about five days before —
Mr. Plummer: Five days notice of each Casuissioner who has a right to object,
I lave to problem with that.
Mayor Suarez: That's also a good method of the Commissioners knowing what
each of their members are approving smd ghat DDA is doing.
Mr. Plummer: All right, in reference to the rent. The rent is, my
understanding, are we proposing to move the DDA from its present over to the
Olympia building or not?
Mr. Brown: That is not part of this budget. This is maintained on the lease.
We have a lease that is still in effect.
Mayor Suarez: because the Commission sort of... oh no, I guess the Commission
woul want us to do that, but the board felt that it was not a wise idea. I
don't know if Marty wants to try to explain that.
Mr. Plummer: Well, the board is not spending their money.
Mayor Suarez: Wall, the other reason of course, is that the project has not
been finally approved by the Commiasion, the Olympia and Tork renovations...
the Olympia and Gunman renovations, rather.
Mr. Tins: J.L., there is a matter, "A" of capital improvements that are
already there; "D" there is the term of the lease. If we had to cancel that
lease, I think we would have to spend a lot of money. Are you asking...
Mr. Plummer: That wasn't the letter I saw from the...
Mayor Suarez: I an sorry, no, let me correct a little bit, Marty and add that
we did in fact assure ourselves that if are choose to take that path at the
appropriate time, that we would not suffer an undue penalty from the
cancellation of the lease. We did do that.
Mr. Plummer: All right, I have no breakdown here, which I would want. When
you talk about professional services, I have no breakdown. What are
professional services? Is that all one person? Is it multiple?
Mr. brown: $6,000 for the annual audit.
Mr. Plummer: Well, excuse me, I am just saying that in this which I have been
presented, it tells me nothing. It just says that it is $262,000. The
services for audit are a different number.
Mayor Suarez: Professional services, we have $262,000?
Mr. Plummer: That's what I an asking. What are they fort
Mr. brown: Professional services is just $16,000.
Mr. Plummer: No, sir, $262,000.
135 ftptenbor 27, JpN
Mayor Suarez: Otherwise we've Sot a real problem here, You may have found
something that I wasn't aware of, we are paying two hundred...
Mr. plummer: Oh, wait a minute, are you talking about... I'm sorry, I stand
corrected. For this casing year you are 0817 talking about $10,0007
Mr. Brown: $16,000.
Mr. Fine: $16,000.
Mr. lluseer: Then what happened with the other... where did the other
$232,000 from last year's budget go?
Mr. Brown: 09, last year we distributed the capital development funds
according to needs into various line items, some of which were professional
services of various types. Until that is done...
Mr. Dawkins: In there J.L., is another section called *other professional
services' and they shifted the stoney from professional services to other
professional services, where they will hire architects and other professional
services that they would have needed up there in that section so that they
would have $10,000 there. but if you look under other professionals, you will
see another amount.
Mayor Suarez: Now such is that?
Mr. llusm*r: Yes, you got architects in here for $49,600, but this year
reduced to none.
Mr. Dawkins: Look at the other side, another page.
Mayor Suarez: Do we have any provision for other profession services next
year, other than the normal one?
Mr. Brown: Until that line item of development funds, if that were kept, the
reason for that pool of funds was to provide funds for development in various
areas, like CID, the Omni, or the Irickell area, according to percentage of
contribution of their taxes. Now, if that was approved, then those funds will
be redistributed.
Mayor Suarez: Is that listed? I thought that was listed under the capital
budget there.
Mr. Brown: Yes, that is what we are talking about.
Mayor Suarez: OK.
Mr. Browns So that is why we don't have professional services until it is
decided to allocate...
Mayor Suarez: Wally, I know the philosophy of DDA mirrors out of this
Commission that that money is to be spent for good old nuts and bolts, what we
call bricks and mortar type projects, and not for professional services to be
squandered away on consultants.
Mr. plvamers Well, the $302,000 that you show as a decrease this year, where
was that money put into this year?
Mr. Brown: That's part of that capital development fund area, the $267,000,
It has not been distributed into professional services or related areas that
it would be if projects were decided on at that time.
Mayor Suarez: We didn't really have a decrease though, I think we have had
roughly the same budget. I think it was just a carry-over from the year
before. An I not right on that?
Mr. Browns No, there was an overall decrease in the total budget of about
$247,000. We have had funds....
Mr. flummer: Tell me what is promotional activities for $27,000? What are
you proposing for this year to do as promotional?
136 M*t�Nir =TR:�q
0 V
Mr. Brown: OR, that includes...
Mayor Buarea: Does that include the tourist information booth?
Mr. Pine: lure, part of that includes the newsletter publication.
Mr. Brower Tes.
Mr. Plummer: No, that printing is above it for $22,000.
Mr. Brown: Well, we've got about... Bayfront Park banners, $2,S00.
Mr. Plummer: That's for this coming year?
Mr. Brown: For the coming... yes, 189. Fiscal year '99, we've got a total of
$27,Se0.
Mr. Plummer: But what is it for? What is it going to be used for?
Mr. Brown: On various items.
Mr. Plummer: What are the various items?
Mr. Brown: I M giving them to you. The first one is board ads, which we
have to do on a monthly basis.
Mr. Plummer: What is board ads? You mean meetings?
Mr. Brown: Every time we have a board meeting, we have to announce it in the
press. That's $780. Procurement ads, $1,200.
Mr. Plummer: Procurement for employment?
Mr. Brown: No, this would be for announcing for instance, the budget increase.
That's where we would...
Mayor Suarez: That particular item sounds high. We are not buying too many
things at DDA, you know...
Mr. Plummer: It sounds extremely high!
Mr. Brown: $1,200?
Mayor Suarez: ... that we have to be advertising for procurement.
Mr. Brown: Yes, we could have other advertising for procurement, but we
haven't exceeded that a lot.
Mayor Suarez: J.L., we do have some projects, including this demonstration
project on Flagler that probably requires to do some advertising.
Mr. Plummer: That came out of the 450,000 from before.
Mayor Suarez: No, no, that would require us to do some advertising just like
the City has to do, so that we get competitive bidding.
Mr. Plummer: But that was supposed to come out of the $50,000 the City
allocated.
Mayor Suarez: Maybe that is the breakdown of the $50,000. We put the $50,000
right into our entire budget and we are breaking it down here as to how It's
spent.
Mr. Plummer: NO, that $50,000 did not go to your budget.
Mr. Brown: And part of this was also for capital improvements projects we
would advertise.
Mayor Suarez: it sounds high. I mean, I don't remember us having to Publish
that such that...
a
337 September 271
x
V
Mr. Plummer: Teo, but I'm sorry Mr. fleyor. if you look at this budget and I
know you hove, you live with this budget because you are there and you are the
Chairman. I look at this budget and I see no breakdown whatsoever, None,
other then an it** called promotional. flow, I think I sm entitled to know in
a little bit More detail what those items are. This Commission doesn't know
those things unless you know, Maybe samrbody is not interested, I am.
Mayor Suarez: We'll submit that, we'll submit that. We can do that, we can
lump that with the capital budget and submit it to you for approval five days
prior to spending it. Frankly, let me tell you, Commissioner, and all of you.
I think you are aware of this, that we have just selected a new executive
director. We hope to have a whole new direction. We hope to do some major,
major changes in the orientation of this Authority, and have it be a lot more
productive. We hope to have some reductions in salaries of the director and
other people, and we are in the midst of that process and whatever it is that
you vast to have the Authority check back with the Commission on is fine, but
you know, this is as well as we have been able to do up to this moment. It
has been difficult enough to get the new appointments, to reach an agreement
with Briekell, which has been very difficult, to get a new executive director,
and to re -orient this whole Authority in the direction that I think the
Commission wanted it to be oriented is mind we are still trying to get that.
Mr. Plummer: Mr. Odio, what salary did Matthew Schwartz leave the City
making?
UNIDMITIED SPEAKER: Sixty - seven.
Mr. Odio: $62,000.
Mr. Plummer: $62,000, OK, so then we arm to assume... I'll wait. That's
$62,000 plus perks of course. Yes, OK, I just... well, I've got to be honest,
I feel uncomfortable without some detail, I've got to be honest with you.
Mr. Pine: May I make a suggestion? I think you will find that the board,
especially now, that there are so many mew members who have been appointed by
all of you and you have access to information both from the board itself and
from your appointees. I think your confidence would be well placed to pass
this budget with the understanding that the Mayor and you just discussed
before, in reference to the $267,000, that we come back. I don't think that
anybody on that board wants to spend any money foolishly and if at any time
during the fiscal year you all feel, or the Manager feels or anyone feels that
we are doing something inappropriate, we will come back to you and report to
you.
Mr. Plummer: OK, Marty look, I don't disagree, I think everybody on that
board serves there with good intentions. God knows it is sure not because of
the salary that they serve there, all right? But yet Marty, I am the one...
excuse me, the five up here are the ones who have to answer to the taxpayers.
In that answer if something is done that we don't agree with, we might not
know about it and if we don't know about it, then shame on us.
Mr. Tine: I think one way to give you another comfort level and I can't speak
for the chairman who of course, is the Mayor and the board, maybe one of the
things we ought to do is furnish you witb a quarterly report on a breakdown of
how that is being spent and if you have any questions, come back to us, and we
will revisit it.
Mr. Plummer: I have one other question. ?Aber* is the miscellaneous income of
$20,000 coming from?
Mayor Suarez: We sometimes collect fees -for work that we do.
Mr. Brown: Six thousand of that came from miscellaneous items including sales
of news letters, DDA facts, Southern Bell revenues....
Mr. Plummer: I would ask, within the next IO days that you send me a full
detailed breakdown of where these monies are going as projected in this
budget . I would ask that the same two stipulations and I'll vote for the
budget even though I was going to vote against it. Two stipulations, one made
by the Mayor that any projected expenditure out of the capital expenditure
fund of the two hundred and...
138 September 27, it$$
0 0
Mr. Tine: sixty-seven thousand.
Mr. Plummer: ... sixty-seven thousand dollars before that money can be
touched you will Notify each Commissioner who has five days in which to
object, if such, they would then cone back before the Commission. The other
item that I would want to impose upon you is the rime that we did on the
administration. Victor, I'e open to any suggestion but I would use the same
figure...
Mr. Tine: Which is?
Mr. Plummer: ... that any line item budget that is transferred in your
budget, that exceeds accumulative of $S0,000, has to come back before this
Commission. We imposed that on the administration, I think the same should be
imposed hare.
Mayor suares: Too, we have absolutely no problem with that.
Mr. Plummer: OK.
Mr. De Turret You can make it even less. You know, $50,000 compared to a
$260,000,000 budget.
Mr. Plummer: You want to sake it $5,000?
Mr. De Turre: No, I'm saying that - I'm just suggesting that; whatever you
want to do.
Mr. Plummer: I don't care. I just...
Mr. Tine: Well, I want to tell you, I don't want to make it five. I don't
want to serve on a board if we have to do that. I just as soon you all be the
board.
Mr. Plummer: No, I said fifty, I didn't...
Mr. Tine: You be the board. I don't want to do that.
Mr. be Turret No, Off Street Parking Authority has a $5,000.
Mr. Plummer: Marty, accumulative. .
Mayor Suarez: No, well don't... come up with a reasonable figure. Don't may
five...
Mr. De Turre: Well, that's what I'm saying.
Mayor Suarez: ... because that, you know, you have a change in an employee
and you have to hire somebody a little bit less, a little more, depending on
qualifications, you have to cone back to the....
Mr. Tine: Well... No, I... Victor, I think, frankly, you know, you ought to
place some confidence in the board or, speaking for myself as one board
member, I'd just as soon pass.
Mr. De Turret I'■ not talking about confidence level, I'm just following the
line.
Mr. Plummer: Marty, mine is fifty, accumulative. OK?
Mayor Suarez: Now about if you guys come up with a...
Mr. Tine: fifty cumulative - let's finish - fifty cumulative is tine, I
think, that's not a problem.
Mr. Plummer: Wall, you
ses, lot ns tell you the fear.
OK, so that you don't
think I'■ toeing out of
left field for Nothing. We're
going to go into the
sports authority budget,
we're going to spend a bell of
a lot of tLas on this
budget. You know why?
Mayor Suarez: And we had this problem with the off Street Parking Authority.
139
Mr. Fltrmer: Ard you know why?
Mayor $meres: On a little ehangs in lies item budgeting there.
Mr. Flusseer: Let M show you why. Direct violation of state etstutes, all
right?
Mayor Suares: Shoved a $100,000 going for....
Mr. llursere This Cosssission approved a budget for the sports authority last
year of $397,000, that's what we approved, OK? Tom know how such they spent?
Sevan hundred and twenty-four thousand and this Cossaission has never been
asked to approve and they cannot, by state law, cannot expend the funds and
they've done it. Now, do you know where sy fear cones from?
Mr. Tine: Teo, yes. Let so give you - way I make a suggestion. I understand
what Mr. De Turre's saying and I do... why don't you think about using a
$25,000 figure so that if we do that....
Mr. Plummier: That's fine.
Mr. be Turret That sounds real good.
Mr. Plummer: I didn't try to not it.
Mr. Fine: All right. OK.
Mayor Suarez: $25,000.
Mr. Plummer: That's fins.
Mayor Suarez: OK, with those provisos, you're making in the form of a motion?
Mr. be Turre: I'll move it.
Mayor Suarez: We first have to follow the procedure here.
Mrs. Kennedy: Mr. Mayor, what will the new salary of Mr. Schwartz be?
Mayor Suarez: I don't know, but would...
Mr. Do Turret Fifty-four.
Mayor Suarez: ... like very such your input. I mean, you know how I feel
about salaries.
Mr. Fine: Coassissioner Kennedy, let aw just may I can assure you there is a
eomittee negotiating with it and I can assure you that cossaittee is aware of
all of your concerns and we'll deal with them. Va know exactly what you're
saying.
Mrs. Kennedy: OK, all right, thank you.
Mayor Suarez: OK, according to what I have in front of me, Mr. Manager, the
procedure to follow before I take a vote is to approve the - I'll entertain a
motion to approve the percentage increase in millage over rollback rate which
works out to be 2.94 percent. Do we take that in the form of a motion?
Mr. Fernandez: No, the way that it has to go, Mr. Mayor, is that...
Mayor Suarez: Oh, I'm sorry...
Mr. Fernandes: ... it has to be read into the record that the percentage
increase is millaga ever rollback rate...
Mayor Scares: Is 2.944 percent.
Mr. Fernandez: ... the response is that. Correct.
Mayor Suarez: Which I've already done. OK, anything else?
140
Mr. Fernandez: That the specific purpose for which ad valorem tax revenues
are being increased and the...
Mayor Suarez: Is characterized there as capital improvement program as street
beautification, it really could have been just about any item that we would
have put in there.
Mr. Fernandes: ... in the amount of thirty-nine thousand...
Mayor Suarez: Seventy-nine dollars.
Mr. Fernandes: ... 79 dollars, exactly.
Mayor Suares: Constituting a hundred percent of the Bev increase...
Mr. Fernandes: OK.
Mayor Suarez: ... in the ad valorem tax revenues increase.
Mr. Fernandes: Recognition that this is a public hearing and that the public
is invited to participate.
Mayor Suarez: Is there anyone from the general public that wishes to be heard
on this item of downtown development authority's budget? Let the record
reflect that no one stepped forward.
Mr. Fernandes: And then...
Mayor Suarez: I'll entertain a motion now to amend the adopted tentative
budget. Do we have any amendments - I'm sorry, Marty?
Mr. Fine: No, no, Mayor, I just wanted to make sure the tventy-five thousand
In not cumulative, the twenty-five thousand is any item that you're talking
about, is that correct? It will come back to you.
Mr. Plummer: The cumulative - the other one was accumulative. And all that
was doing was imposing the same restrictions on you as we did the
administration.
Mr. Fine: Just so we won't have any misunderstanding, what do you mean by
cumulative in this...
Mr. Plummer: In other words, if you spend five, fiva, five and five and it
reaches 25, then you have to come back here for approval.
Mr. Fine: During the course of the entire year.
Mr. Plummer: The entire years, yes, sir.
Mr. Fine: I didn't understand it that way. I think you ought to stay with
the seine fifty if you would.
Mr. Plummer: That's what I proposed in the original.
Mr. Pine: I didn't understand it that way, I'm sorry.
Mayor Suarez: Well, the line item breakdown should be a little bit more
specific in which case a $25,000 would be Quite a large figure because, you
know, if we had a little bit more of a breakdown each line would constitute a
smaller item.
Mr. Plummer: Christ, you don't have that many accounts over fifty thousand.
Mayor Suares: As a cumulative thing, I don't imagine that we'ra going to
change by more than $25.000.
Mr. Fine: Fine, let's stay with twenty, you're the chairman, we'll do it.
Mr. Plummer: I don't think you have that many accounts.
Mayor Suarez: I hope we don't change by such more than that. Yo have
these...
141 "Ptemmr 27, t
Mr. Fernandes: There'a es,17 ens...
Mayor Suares: OR.
Mr. Fernandes: Mr. Mayor, the proper way to proceed sow is to acknowledge all
of these recosseesdations that haw Ce011e tram the Commission and pass these as a
separate resolution.
Mayor Suarez: OK, I'll entertain these as s notion, Camnissioner Plussmer.
Mr. Plummer: to Move.
Mr. be Turret Second.
Mayor Suarez: Seconded. Any discussion on the various recoeendations and
provisions? Call the roll.
The following notion was introduced by Cosssissioner Plussser, who noved
Its adoption:
W270M 90. 68-862
A MOTION DIRECTING THE DOWNTOWN DEVELOPMENT AUTHORITY
(D.D.A. ) NOT TO SPEND ANY MONIES OUT OF THE $267,000
CAPITAL EXPENDITURE FUND UN12SS THEY GIVE PRIOR
NOTIFICATION OF SAID EXPENDITURE TO THE CITY
COMMISSION AND WAIT FIVE DAYS FOR ANY POSSISLE
OBJECTIONS COMMISSIONERS MAY RAISE; FURTHER
STIPULATING THAT IF ANY SUCH OBJECTION WERE RAISED,
THE ISSUE WOULD HAVE TO SE SCHEDULED FOR CONSIDERATION
ST THE CITY COMMISSION; AND FURTHER STIPULATING THAT
NO LINE ITEM TRANSFER IN TIM AGGREGATE AMOUNT OF
$50,000 SHALL BE ALLOWED BETWEEN LINE ITEM ACCOUNTS
DURING DDA'S FISCAL TEAR 1996-89, UNLESS PREVIOUSLY
APPROVED BY THE CITY COMMISSION.
Upon being seconded by Comsissionor Do Turre, the notion was passed and
adopted by the following vote:
ATES: Ccomm issioner Victor De Yurre
Coiseiesioner Miller J. Dawkins
Commissioner J. L. Pluener, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Fine: Mr. Mayor, I wonder if I may just have 10 seconds? I think I have
been a nssber of this board for about 10 or 12 or 14 years and I'va seen a lot
of good things happen. I've seen soma things happen there that if we had to
do over again, I think we'd do differently. I think this Mayor and this
ComeIssion has given this board a direction, and you can rest assured, I think
we're all committed to following it. There is one hope that I would like to
convey to you. I have a feeling tram tise to time that in the past it's boon
a this Commission and that board and we really ought to try to work a lot more
closely and I would recommend, if your schedules permit, that from time to
time you come down and join the meeting and even if it's for half an hour or
45 minutes, if you'd cons down and share some of your thoughts and concerns
with us, for example, Miller has, from tins to tiwe, been kind enough to share
soma of his opinions with se. I've treasmitted them to the boards J.L. has.
but it you were to Cows down and visit with all the ambers and owns it you
took turns doing it, I think it would go a long way towards cnnssting a
relationship so it isn't that board doing what it wants to do but rather
carrying out the wishes of both the Commission and the people who are payisg
the taxes.
Mr. Plummer: That's a very good idea.
Mr. Fine: I think it would be very helpful.
142
Mayor Buarez: I just want to add, Marty, since you station that and you got a
little bit lots the philosophy, that, frankly, when I took over this board I
Sad the impression that in the past, prior to that point, it had been sort of
a sae man show where the Mayor basically kind of did his own thing and we've
tried, I think, in the last two and a half years to have the Commission be
more involved because it's a little tough cowing from this Commission to the
DDA board each time and from the DDA board back to this Commission explaining
each time what's going on and knowing that it's not well received and I hope
that sow Its going to take a little bit less of an active role, frankly I hope
each Commissioner takes were of an active role, that's why I've asked Marty to
be the vice-chairman so he would chair the meetings if no one is willing to go
but It would be extremely helpful and I'■ glad that you've each appointed your
members, if there's more feedback between the two because it's not a
comfortable position to be going back and forth trying to justify what we do.
We try to adjust what we do to what we think the Commission wants us to do.
Mr. tine: Thank you.
Mayor Suarez: Thank you, Marty.
40. SECOND READING ORDINANCE: Define and designate territorial limits of
the Downtown Development District - fixing millage and levying taxes for
TY beginning October 1, 1988.
Mayor Suarez: Please read the...
. Mr. Jorge Fernandez: Has it been moved and seconded prior to reading?
Mayor Suarez: Well, the way it reads here, it doesn't call for that. But
I'll entertain a motion on the millage rate ordinance.
Mr. Plummer: Millage rate?
Mayor Suarez: Yes. We set a millage rate for the district.
Mr. Plummer: Well, that's not by law, yes.
Mayor Suarez: Well, the saximum is set by law, we have to approve the
specific amount.
Mr. Plummer: It's a half a mill.
Mayor Suarez: It's Maximum but we have to specify what it is.
Mr. Plummer: I so move it. We're - it's the tillage.
Mrs. Kennedy: Sure, second.
Mayor Suarez: Read the ordinance please. Call the roll.
4
E
AN ORDINANCE -
AN ORDINANCE WrINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE DOYNTOMN DEVELOPMENT DISTRICT Of THE
CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OP
THE CITY Or MIAMI FOR THE PURPOSE OF TAXATION, FIXING
THE MILLAGE AND LETTING TAXES IN THE DOWNTOWN
DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITT OF MIAMI, FLORIDA, FOR THE FISCAL
TEAR BEGINNING OCTOBER 1, 1988. AND ENDING SEPTEMBER
30, 19$9, FIXING THE MILLAGE AT FIVE TENTHS (.S) MILLS
ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OP ALL
REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND
PROVING THAT THE SAID MILLAGE AND THE TAXES LEVIED
=REIN SHALL BE IN ADDITION TO THE FIXING OF THE
MILI.AGE AND THE LETTING OF TAXES WITHIN THE
TERRITORIAL LIMITS OF THE CITT OF MIAMI, WHICH IS
CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR
THE AFORESAID FISCAL TEAR AS REQUIRED BY SECTION 27 Or
THE CITT CHARTER; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS
IMPOSED BT THE CITT COMMISSION OF THE CITT OF MIAMI
WITHIN THE TERRITORIAL LIMITS OF THE CITT OF MIAMI;
PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1. 1988 AND ENDING SEPTEMSER 30, 1989, BUT
SMALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO;
CONTAINING A REPEALER PROVISION AND A SEVERASILITT
CLAUSE.
(Mere follows body of the ordinance which was read in its entirety
pursuant to State Statute)
Passed on its first reading by title at the meting of Septesber 9.
1988, was taken up for its second and final reading by title and adoption. On
notion of Cosisissioner Plussser, seconded by Comalasioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Cowsissioner Victor De Yurre
Cosnissioner Miller J. Dawkins
ComaIssioner J. L. Plusher, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10485.
The City Attorney read the ordinance in its entirely into the public
record and announced that copies were available to the members of the City
Co mission and to the public.
144 itptNNr��
♦1. WCOND READING ORDINANCE: Make appropriations for Downtown Development
Authority for !T ending September 30, 1999.
Mr. Jorge Fernandes: To complete the budget of the PDA, we need to read
ordinance number 20...
�{ Mayor Suarez: OK.
I Mr. Fermandes: ... which is the appropriation ordinance.
i� Mr. Plummer: Tou'd think that Knox is running for the school board or
jsomething.
Mayor Suarez: I's going to take back my endorsement if he does that to me
again. OK, do we seed a motion on it before? Just read the ordinance. Call
the roll.
Ms. Mirait We seed a notion, Mr. Mayor. I need a motion on this.
Mayor Suarez: Oh, please a motion aad a second.
Mrs. Kennedy: Move it.
Mr. De Turre: Second.
Mr. Dawkins: Move it.
Mayor Suarez: Call the roll. Got a lot of seconds then.
AN ORDINANCE
AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITT OF THE CITT OF MIAMI FOR THE
FISCAL TEAR ENDING SEPTIMSIR 30, 1989; AUTHORIZING THE
DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITZ TO
INVITE OR ADVERTISE BIDS FOR THE PURCHASE Of ANY
MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID
APPROPRIATIONS FOR WHICH FORMAL BIDDING MAT BE
REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL TEAR ENDING SEPTEMBER
30, 1989, FOR THE OPERATION OF THE CITY OF MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITT CLAUSE.
Passed on its first reading by title at the meeting of September 9,
1998, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
ATES: Commiasioner Victor be Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
was: None.
ASSENT: None.
ORDINANCE WAS DESIGMATED ORDilWiCE W. 10"6.
The City Attorney read the ordinance into the public record mad
announced that copies were available to the sasbers of the City Casrslssies OW
to tha public.
sus
145
Al. PANCOAST, SADAO AND MUM, AND U WRIGNT: Authorise settlement
agreement megotisted re bayfront Park Redevelopment Project.
Mayor Suarez: Mov we all want to defer to our former City Attorney candidate
for the school board. but may I know what item this is, I mean, you've Rot
resolved what?
Mr. George Knox: Well, this is essentially an item that was pulled from the
agenda but we've bad a situation where it's necessary for us to briefly
Present it to you sow.
Mayor Suarez: to he part of the act? I swan, be's over there making these
motions. I don't know what they mean, but...
Mr. Knox: Teo, air, be represents the adversary.
Mayor Suarez: He looks like the guy in the ads that goes like...
Mr. Knox: This relates to the bayfront Park architectural agreement. You may
recall that i appeared before you at two meetings ago on behalf of Wright,
Rodrigues i Schindler, architects. We resolved the dispute with Pancoast,
Sadao and Puller. It is necessary for the City Commission, if it will, to
simply direct the Manager on his review to execute the agreement on behalf of
the City and that dispute would have been resolved.
Mayor Suarez: And that, in turn, will increase the chances that the work on
the park will proceed a little quicker because I see that the architects are
Indicating its stalled again because of this dispute. Do we have a motion?
Mrs. Kennedy: I move it.
Mayor Suarez$ Do we have a ae...
Mr. Plummer: Well, excuse me.
Mr. Knox: Teo, sir.
Mr. Plummer: That is that we're going to $ee IS copy of the settlement.
Mr. Knox: Oh, yes, sir.
Mr. Plummer: I don't know what the settlement is.
Mr. Knox: Well, I could describe it to you but I...
Mr. Plummer: No, no, send me a copy of it.
Mr. Knox: We'll got you a copy right away.
Mayor Suarez: OK, moved and seconded. Did you second with that proviso?
Mr. Plummer: Pine.
Mayor Suarez: Call the roil.
0 0
!M felI&wIaS resolution was istrodueed by Commissioner Kennedy. Who
moved its adoptions
ISSMUTION NO. 00-963
A RESOLUTION APPROVING wD AUl11ORIZING AN ANNOUNCED
SETTLEMENT THAT HAS SEEN MOOTIATED 397V N THE CITY,
PANCOAST, SADAO AND FULISR, THE CITT'S PRINCIPAL
ARCHITECTURAL FIRM FOR MR SAYFROIR PART( REDEVELOPMENT
PROJECT AND ED WIGHT, ONE OF TIM ARCHITECTURAL
SUBCONSULTANTS ON SUCH PROJECT, MITH THE VRITTEN
INSTRUMENT EVIDENCING SUCH AGREEMENT TO bE EXECUTED IT
THE CITY MANAGER AND DISTRIBUTED TO THE CITY
COMMISSION UPON ITS EXICVTION IT ALL PARTIES
CONCERNED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon bola& seconded by Commissioner 21- 1er, the resolution Was passed
and adopted by the following votes
ATESs Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummy, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Mr. Knox: Thank you very such.
Mayor Suarez: You two make a very good teas.
Mr. Al Cardenas: a picture.
Mayor Suarez: That's pathetic.
Mr. Plummer: Careful George, he's a Republican.
Al Cardenas, Esq.: I'd like to have in the future, Mayor, like the same box
that Dukakis and Bush met so I look as tall as George. It's not fair for
the...
Mayor Suarez: That's not going to be all ym need but... you may need more
than that. All right...
Mr. Plummer: Ever since the turkey picked a wail.
43. A. MIAMI SPORTS AND I=IBITION AUTHORIZT: Discussion regarding approval
of Supplemental Administration budget for FT 107/08.
S. Approve 1/12 of the Sports and Exhibition Authority Budget for ITT
11900-1909.
C. Approve Supplemental Admiaiatratiam budget of Miami Sports and
Exhibition Authority for FY 107/00.
Mayor Suarez: Item 21, Miami Sports i Exhibition Authority.
Mr. Plummer: Mr. City Attorney.
Mr. Jorge Fernandes: Too, sir.
Mayor Suarez: That's not Dr. Tardiff there, is it?
Mr. Plummer: First of all, let me stand corrected, Mr. Mayor, for tbo r000ri.
147
0 0
Mayor Suarez: That is Dr. Tordiff, Ood help us.
Mr. Plvnmar: state statutes, which I refer to, it is sot. It is our code and
it is 32.6-10, approval of budget for the sports authority. And it reads,
that commencing October 1 of 183, the authority shall establish a fiscal year
which coincides with that of the City. The authority shall submit a budget to
the City Commission so later than the first day of April. We Sot this budget
last meeting. Bach April, next preceding each fiscal year and an authority
budget requesting pertaining to operating and capital expenditures, which
request shall sot be implemented until approved by the City COmlmisalOn. Mr.
Mayor, this City Cosmisaion last year approved a budget for $397,503. In my
research, this Cosmlesion has sot approved a penny beyond that amount.
Mayor Suarez: And?
Mr. Plummer: I'm just saying, we have not approved the additional four
husdred - well...
Mayor Suarez, Well, wait, that was for the fiscal year that ended now?
Mr. Plummer: Tao, air. The fiscal year ending now, we approved $397,000.
Mayor Suarez: Well, and the authority spent more than that?
Mr. Plummer: They spent three hundred thousand dollars - three hundred and
twenty four thousand dollars more than that.
Mayor Suarez: Now can that be?
Mr. Plummer: That's exactly the question I'm asking, without approval. First
of all, Mr. City Attorney, do you know of any approval of beyond that which
was approved by this Commission?
Mr. Jorge Fernandez: No, I do not.
Mr. John Blaisdell: Mr. Mayor, Commissioners, John Blaisdell, executive
director of Miami Sports i Exhibition Authority. First, the ordinance further
provides, 32.6S, that a supplemental budget can be submitted for City
Commission consideration.
Mr. Plummer: That's right but you can't spend any money until it's approved.
This...
Mr. Blaisdell: It has always been... Commissioner, Mayor, it has always been
our position that the authority budget requires Commission approval. However,
It has further been our position that with respect to modifications to the
budget, ratification rather than prior approval by the Commission was the
proper procedure to follow. Consistent with this, we have presented to you a
supplemental budget for approval.
Mr. Plummer: After the money is spent.
Mr. Blaisdell: If ratification...
Mr. Plummer: No, is the money been spent?
Mr. Blaisdell: In most instances, yes. It ratification of these modif i...
Mr. Plummer: So what the hall good is it for this Commission the to sit here
and say no?
Mr. Blaisdell: Once again, Commissioner, I'm expressing to you what my
understanding of the policy that the authority is currently operating under
and that is that the supplemental budget process is one of ratification and
not of prior approval. If that is...
Mayor Suarez: John, what ware the major discrepancies and why would you not
have brought these...
Mr. Plummer: It doesn't even make @*noel
148 87,
0 0
Mayor suares: Commissioner, let me tackle it this way. What are the major
discrepancies between whet we approved and what was spent end why would you
set have brought each eat of these, one by one, or maybe the chairman of the
authority or samebody can answer that.
Mr. llsisdells Mr. Mayor, first, let me just in general tell you that there's
about ten modification* that we're asking you to rat...
Mayor Puares: I gather some of them are more then modifications, the money's
already spent is what the Commissioner's saying.
Mr. Blaiadell: Well, for example, the City agreed to cosponsor and requested
from the authority that we cosponsor with the City a $25,000 City of Miami
basketball classic which we did, and that wasn't clearly anticipated in our
budget and we went ahead and...
Mr. Plummer: Put this Commission approved that.
Mr. Blaisdell: Well, you approved that the City cosponsor it and you asked us
to do it, you didn't formally make an amendment to our budget.
Mr. Plummer: We approved it. But we - oh, no, no, we did resolution, we
approved that $25,000 as we - vs, did not on the $50,000 for baseball.
Mr. Blaisdell: iurth*r, for example, the authority and part of this $300,000
modification is $50,000 which the authority, and I think in conjunction with
discussions that occurred at the City Commission, were allocsted to create a
higher level of awareness for a baseball campaign. Another $15,000 of that
was allocated for the market research.
Mayor Suarez: That's another way of saying to promote the bond referendum.
Mr. Blaisdell: Tom, that's correct. And the...
Mayor Suarez: But wait, that was not approved by the Commission before?
Mr. lluasser: No.
Mayor Suarez: That hasn't been spent, has it?
Mr. Plummer: Sur* it has.
Mr. Blaisdell: Well, most of it and we've, you know, we've made placements
for advertisements so we have made commitments, contractual commitments and
other than to cancel what we have currently made contractual...
Mayor Suarez: And you understood that you could do that and then bring back
for ratification..
Mr. Blaisdell: Once again, Mr. Mayor, I'm expressing to you the understanding
that we war* operating under and if that understanding is incorrect, we need
clarification from the Commission as to...
Mayor Suarez: I gather you're going to get clarification.
Mr. Blaisdell: We need clarification from the Commission as to what process
and what instructions you want us to follow. If you want us to come back to
you on every modification or do you want us to come back to you...
Mayor Suarez: Well, we're in the process of changing that procedure for every
authority and for the City itself.
Mr. Slalsdell: Too, I saw that for the...
Mr. Plummer: It just - you know, I absolutely will not vote upon a budget
that has not been approved by this Commission, that, in fact, the money has
already been spent.
Mayor Suarez: Wall, what were the other discrepancies? We've board about two
of them.
Mr. Dawkins: Seventy-five thousand, that's all.
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Mr. Plsa ser: Us, well, you Sot $200,000 for professional services which
doesn't tell so anything.
Mr. Blaisdell: Wall, if you look at the - starting from page...
Mayor Overeat Some of than may be have been contractually obligated for some
reason that we're just not aware of.
Mr. Blaisdell: The budget package which we presented to you outlined
specifically each and every single one of the modificstions in detail.
Mayor Suarez: Well, but I'm asking you to do it a little bit, I mean, we've
Sot a lot of things to read.
Mr. Bleiedell: OK. Let me go over the major items for you.
Mayor Suarez: That's what you've been doing.
Mr. Slaisdell: OK, first you have the...
Mayor Suares: Give me the rest of then, please.
Mr. Blaisdell: Start from the beginning. We are proposing that a
modification to the compensation section, which resulted as a result of staff
reassignments during the course of the fiscal year, in the aggregate amount
of...
Mayor Suarez: Nov such does that add up to?
Mr. Blaisdell: ... nine thousand dollars.
Mayor Suarez: Nov much?
Mr. Slaisdell: Mine thousand dollars.
Mr. Plummer: That's not reflected here.
Mr. Blaisdell: I - Commissioner, if respectful if you could refer to page
seven.
Mr. Plumrser: I's referring to the budget on page 16, compensation, executive
director, planning director..
Mayor Suarez: Is that recommended by the chairman, that... do you want to
come up to the mike, Gene?
Mr. Plummer: Matter of fact, in what we approved there was no finance
manager, there was no special projects director.
Mayor Suarez: Who's the current finance manager?
Mr. Plummer: I don't know.
Mr. Blaisdell: During the course of the fiscal yoar, Mr. Mayor, we...
Mayor Suarez: I want a name, if we have one.
Mr. Blaisdell: OK, Lourdes Reyes and she came on...
Mayor Suares: That is a finance manager? a
Mr. Blaisdell: She is the finance manager. She came on...
Mayor Suarez: What finances does she manage?
Mr. Slaiadell: She is responsible for all staff finaasial fnmctio" at !!ts h
authority which include...
"sq
Mayor Suarea: I'm sorry, for all what?
1S0 mars Y
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Mr. Blaisdell, Staff financial functions which include bank reconciliation,
operations of general ledger, all financial controls, internal controls...
Mayor Suarez: Tau swan for your opersting budget? You're not talking about
the bonds or anything else which we hsve...
Mr. Blaisdell, I'm talking about everything, we are rem...
Mayor Suarez: ... such by way of financial management from the City, from the
Coggaission, from our experts...
Mr. Blaisdell: No, no, that - financial management, this position is
reason...
Mayor Suaraz: ... from our underwriting counsel and so on.
Mr. Blaisdell: This position is responsible for the monitoring and of all
accounts, capital, operational and debt service. OK, so it does include the
allocation of convention development tax proceeds as it relates to the senior
debt - relates to the allocation of the junior investment of all the proceeds
of debt proceeds that requires the compilation...
Mayor Suarez: You always get m with the terminology. What do you mean
though? I mean, those are all allocated already by Commission action, I mean
the money goes directly, presumably, from the bed tax as it's collected by the
County into an account that is presumably controlled in some way or another,
by a bank that has, you know, I mean, I don't see where you have a financial
manager getting their heads in.
Mr. Blaisdell: In most instances, Mayor, there are trust services set up.
The trustee, however, is a tell -me -what -to-do person. We are responsible for
making investment decisions.
Mayor Suarez: OK, give se one example of an investment decision that you've
had to seat.
Mr. Blaisdell: For example, we have proceeds at the senior level during the
construction process where we had our proceeds, we had to sake decisions as to
how to investment between thirty and thirty...
Mayor Suarez: Proceeds at the senior level?
Mr. Blaisdell: Yes.
Mayor Suarez: What does that "an?
Mr. Blaisdell: Proceeds of the dead issuance that finance the Arena. We
have...
Mayor Suarez: I thought Sun Bank, basically, was in charge of almost...
Mr. Blaisdell: They're a trustee, they just sit there and hold the money and
they may, OK, you have 10 million dollars coming due today, what do you want
to do? Well, we have to sake a decision based on what our expectations are as
how we're going to spend that money as to how we need to invest it. There
are...
Mr. Plumper: And this girl was responsible for that.
Mr. Blaisdell: No, prior to - the reason why she is there now is because that
was a function, in my professional opinion, was lacking when we took over the
authority. Number two...
Mr. Plummaer: What is her...
Mr. Blaisdell: It was also a very strong recosmsendation from our auditors
when we took over. They said that the financial controls when we case in,
were a total disaster and what we did was slowly and methodically pursued
correcting each and evoryone of those and her functions are probably one of
the most important functions of that authority.
Mr. Plumser: That's a question that I want to know. What is her background?
151 September 27, 1"t
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Mr. Blaisdellr the has a bachelor of soiose* is finance.
Mr. Plum&or: And what you're saying is that her background and the important
work that she's doing, she's making a thousand dollars sore than the
secretary. Something doesn't ring true thor*?
Mr. Blaisdell# No, Commissioner. It's important to recognise the timing upon
which that person *stared the staff. Budgets don't re...
Mayor Suarezr What you're saying is she makes more than that but we don't
have a full fiscal year of bar salary.
Mr. Blaisdell: Nor proposed sal...
Mayor Suarez: What is her actual annualised salary?
Mr. Slaisdallr Her proposed salary for the sew fiscal year is thirty-three
sic eighty -also.
Mayor Suarazr Too.
Mr. Plummer: Tor a full year.
Mr. Blaisdollr That's correct, Commissioner.
Mayor Suarez: Gene, do you want to address that issue of the issue of the
salaries. Vhat are the other major changes or modifications or increases?
INAUDIBLE COMMENTS NOS SNTERED INTO THE PUBLIC RECORDS.
Mayor Suarez: Yes, or if you have anything to contradict what he said, we'd
like to know about it.
Mr. Plummorr Yes, sure.
Mayor Suarez: Or to modify or to enlarge on it or...
Mr. Cone Marks: It's not a contradiction. Ve got this report back from Sun
Sank and we found out before Mr. Blaisdell and Mr. Korgo case aboard that our
investments were properly.
Mayor Suarez: That investors war* what, I'm sorry?
Mr. Marks: They weren't hold properly, we ware making overnight drafts at 5
1/2 percent and drawing and moving and nobody knew what was going on.
Mayor Suarez: Who was &&king those decisions at that point?
Mr. Plummer: Obviously nobody.
Mayor Suarez: Somebody had to be making then.
Mr. Marks: Mr. Norrow was making those decisions at that time. And it...
INAUDIBLE BACKGROUND COMMENTS NOT SNTSRED INTO TNS PUBLIC RECORD.
Mayor Suarez: As executive director.
Mr. Marks: Right. And what had happened, we had - Sun Bank tot together with
John and I think Shearson people and they figured we lost roughly $90,000.
When this budget was presented to me and I know that there's a little...
Mayor tuaros: Who concluded than
Mr. Marks: Vbo helped me run after marketing, John, _ there's a report
that we lost roughly $90,000 in interest?
Mr. Dawkins: Lost it?
Mr. Marks: Teo, that was after the fact, OK...
13x
Mayor $merest Of tours*, after the tact, You can always say that the money
should have been invested is a different way and it would have made a lot of
money.
INAVDISLE SACKGROM WOMIS NOT 1WXZ D INTO THE PUBLIC RECORD.
Mr. Marks: Lot me Set back to the *oration you asked so. The question You
asked se whether or sot I knew what was going on here. When the budget was
presented to me for review, I had sotic*d and Lourdes had been on there, we
had another girl working there that was handling thee* finances, supposedly -
was my understanding. There's a lot of things going on I don't know. She
quit and I saw that there was two people that were increased wages 19.4
percent and I questioned that, I was against that.
Mayor Suarez: When was that?
Mr. Marks: to sow this budget comes back through and then it case through
where it really got into a big controversy about the bonus. I am the one that
voted against the bonus because I aaamd Mr. Korge, right at the meeting, and
It's in the minutes.
Mayor Suarez: What bonus? What banes?
Mr. Plummer: They all got a $10,000 lmmus.
Mr. Marks: There's $39,000, roughly is that neighborhood. The motion was
made for $40,000. It was originally made for thirty, changed to forty.
Mayor Suarez: What bonus are we talking about, bonus for the employees?
Mr. Marks: Right.
Mayor Suarez: OK, who was that...
Mrs. Kennedy: And who war* the people setting the bonuses?
Mr. Marks: Pardon, who got than? The original motion was $10.000 to John, to
Blaisdell: $10,000 to Korge and $10,000 split between the employees. Then it
was brought up...
Mayor Suarez: Mow many employees altogether, I'm sorry, at that point?
Mr. Marks: At that point it was 30 thousand. Than the motion was...
Mayor Suarez: Thirty thousand employees, thirty thousand dollars?
Mr. Marks: No, thirty thousand total.
Mayor Suarez: Dollars.
Mr. Marks: Then the motion was changed to sake it forty thousand.
Mayor Suarez: Among four employees.
Mr. Marks: So, it could be split...
Mayor Suarez: Was that notion - You're talking about notion made at the board
level?
Mr. Marks: At the board level.
Mayor Suarez: And presumably it carried.
Mr. Marks: It carried, ? to 1.
Mr. Plummer: But not approved by this Commission.
Mayor Suarez: And not approved by the Commission.
Mr. Marks: OK.
Mr. Plummer: That's right. The mmmy's already boon expended.
wr
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Mr. Market to I asked Mr. Korge whether or not it should be done at this time
I said, I am set against giving bonuses for works that evar and above, like
the Congressional Model of Moser is, you put your life at stake. but let it
wait sin weeks until it bees before the Commission on the new proposed budget.
Mayor suarezt You asked Mr. Rarge that?
Mr. Market Too, this is all in the minutes of that meeting. And since
than...
Mayor Suarez: Did you know that, as Commissioner Plummer read, that the
budget and any modifications hove to be approved by the Commission?
Mr. Marks: Also we were told in a round about way, its been done in the past
and I don't sse anything wrong in doing it. The big conversation...
Mayor Suarez: I wouldn't have asked Mr. Korge, I would have asked the
Commission if I were you.
Mr. Marks: Well, he's the attorney.
Mr. llummert You see, lot me bring up one point very quickly...
Mr. Marks: And this is where lately it's been on the fan, some people walk by
me, I've been on this authority five years and I think myself, personally,
that on the construct - it looks like being the construction is over with now
but it's not finaled out. And I don't know when it's going to get finaled out
the way they're going down there. They don't need Gene Marks any more, you
know, around. Well, if this is the feeling of some of the people, I will
serve at the will of this Commission, as a chairman and do everything I
possibly can within the law in the way those contracts are written. Nov, if
everyone's going to read them different. I don't want any part of it, I'll...
Mayor Suarez: Which contracts are we talking about now?
Mr. Marks: Construction contracts, I feel that this job should have been
finaled out a long time ago.
Mayor Suarez: This job should have bean what?
Mr. Marks: The job should have been finaled out a long time ago with the
contractor, it is not. I don't know who's taking care of it.
Mayor Suarez: Well wait a minute, I thought that...
Mr. !larks: It's not finished.
Mayor Suarez: ... you were the chairman of the authorityand you war* the
contracting expert and you were supposed to be keeping an eye on the
construction for us.
Mr. Marks: This gentleman here with the suggestion of Chris Korge says turn
It over to Mr. Blaisdell. It was voted upon by the authority members.
Mayor Suarez: What was voted upon by the authority members?
Mr. Marks: To have the contracts says gone Marks will be chairman of the
construction committee.
Mayor Suarez: Right.
Mr. Marks: Which I had the right, at that time, to make decisions...
Mayor Suarez: Did you net exerciae those duties?
Mr. Marks: I did until eighteen...
Mayor Suarez: Somebody usurped that from you?
Mr. Flummer: The board did.
154
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Mr. Market Mors or loss.
Meyer $merest It happens around hers too sometimes, the committee that we
create and then we take back the pewers.
Mr. Market I have seen payments made that 1 know should not have been made
and the answer that I get bock, it'll come out in the audit. W*11, I'm a
contractor, I don't pay and than try to get it back.
Mayor $merest Let me ask you one ether question as long as we'r* on that.
Who made the decision to use chilled water air conditioning for the Arens?
Mr. Pima rt This Commission did.
Mr. Marks: It was...
Mayor $mares: Whom at the authority level?
or. Market At the authority level was brought by the engineer and I sm the
tat that made the deal with Dennis Carter. I an the parson.
Mayor Suarez: Who is Dennis Carter?
Mr. Marks: Dennis Carter is assistant county manager, head of the - that
division with Dade County. I finalised out the price with him. Gen* Marks is
the...
Mayor Suarez: We've had one failure of that system?
Mr. Plummer: Well, there's a reason for that.
Mr. Marks: Tea, but it wasn't their fault.
Mayor Suarez: I just want to know if we've had one, if v*'va had any mor*
since than.
Mr. Marks: We've had one fail unit, there was a valve that somebody didn't
know it was closed, they opened it up and the computer wasn't working right...
Mayor Suarez: It was a human error, presumably?
Mr. Plummer: Yes.
Mayor Suarez: Computer error? Who's error was it?
Mr. Plummer: Human.
Mr. Marks: From the story that I got, it was a human error.
Mayor Suarez: Gen*, I don't want to...
Mr. Marks: And the other thing I'd Pik*...
Mayor Suarez: ... put my judgment over anybody elso's. I just want to tell
you that the parish that I go to and that some of us here go to, we changed
from a chilled water systems to a froon or whatever the current gas that's
being used a couple of years ago because that system was like 30 or 40 years
old. I'm not aver* of people using that system too such anymore. I hope we
don't have any more problems with it.
Mr. Plummer: Well, but Mr. Mayor...
Mayor Suares: Are you pretty sure we won't have any more problems with it?
Mr. Marks: Well, the engineer says the bast thing we've done and we feel w
can save over - we can capitalist that thing out over about three years, we
don't have any maintenance on the compressors. All we have is blowers. Too,
sir.
Mr. Plummer: Whoa, whoa, now. Measure apple to apples. The season y"r
church switched over was because they wer* generating their we sold wtsr,
f-
155
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Mayor Suerezt Oh, yes, they didn't bsve any by-product of chilled water from
anyone else that they could Mee.
Mr. hummer: OK, the reason the authority want to the chilled water was it
wag dawn sear free from Dade County who was providing the chilled water.
That's the reason. It was a tremendous...
Mayer Suarezt To s and they're also using public easements, I think, to list
the chilled water over to the Arens and not paying for it but...
Mr. Marks: The cost per ton per hour is equivalent. It would cost us, if we
It
would have went in with our own chiller system, by the engineer's estimate,
was somewhere in the neighborhood of fourteen and a half, fifteen costa.
We're getting it for about slaves and a half cents. I mean...
Mayor Suarez: And that deal was - you said it was made by yourself, with Mr.
Carter, presumably then approved by the entire board.
Mr. Market It was approved by the board before the contract was ever signed.
Mayor Suarezt to far, we've had only one failure. Hopefully, we'll have no
more.
Mr. Dawkinst Mr. Mayor.
Mayor Suarez: yes, Commissioner.
Mr. Market And also one other thing on there that I got involved into, I was
told not to. A motion was mods by the authority to build two sky boxes for
$440,000. I voted against that. And one night in bed I came up with an idea
and there's the man that I met...
Mayor Suarez: Did that motion carry?
Mr. Marks: It carried but I could not see spending four forty. I met with
Chief Duke...
Mayor Suarez: Wait, wait. Why are you shaking your head? Was that not the
way it went?
Mr. Marks: It was approved for four forty, John, don't tell as it wasn't,
It's in the minutes. And I got with Chief Duke and came up with an idea and
saved $260.000. I spent four days a week down there, at least four and five
hours a day. I an the only one that's read the contract besides the attorney
and the executive director. I imagine I'm the only one that has a copy of the
ordinance that we're operating under. In the by-laws...
Mayor Suarez: Well, it sounds like you had a handle on everything that the
authority was doing except for the budget.
Mr. Marks: I don't know but I've spent a lot of time and I've done it in good
faith and if certain members don't like what I've been doing in good faith,
I've been doing it bad and I've said to any of them, you got three votes, get
rid of so or I'll just resign. It doesn't make that such difference because
I've busted my butt out for that place.
Mayor Suarez: I didn't know that was an issue, sir.
Mr. Dawkins: Mr. Mayor, I'd like to ask Mr. Marks and Mr. Blaisdell. Mr.
Marks, you said that was $4,000 and you stood on top of it because you were
alert, then it was another $4,000 that wanted to do something and you were
alert. Bight, is that what you said?
Mr. Market four thousand?
Mr. Dawkins: I was, yes raises or something for people.
Mr. Marks: Too.
Mr. Dawkins: OK, I want you to look to your side there and 100 at tb"o
three individuals who work for the authority and look at Mr. DIsLadall and
than look at se and lot •s know why you were not so alert as to have saga►Ny
156 =! l
A•-
who looked like me sitting dour there on that authority. And I'd like to know
the same thing from Mr. Blaisdell.
Mr. Market Why I Would...
Mr. bawkisse Why I raise all the sand...
Mr. llummere !*cause you don't appoint the members.
Mr. Dawkins: ... fighting with the Arena for their minority participation and
you guys ride along with me monitoring them and trying to make them hire
people who look like mo and then when you got up and you hired, you did not
think that Miller Dawkins would be concerned that you had somebody there who
looked like W.
Mr. Marks: Mr. Dawkins, I did not know about those raises until that budget
was brought by my house and dropped off and I looked at it and I questioned it
in that time. And that began...
Mr. Dawkins: but, did you ever raise the question that don't none of these
people who they hired looked like met
Mr. Marks: I think there's only on*.
Mr. Dawkins: gee, you're like my wife. You answer what you want.
Mr. Marks: What? You asked mo that looked like you, no, Warren's better
looking than you are.
Mr. Dawkins: Teo, OK, thank you, all right, now, Mr. Blaisdell, did you...
may what nowt
Mr. Marks: I said Varr*n's better looking than you are so he don't look Pik*
you.
Mr. Dawkins: And he still don't look like me so no problem, we got no
problem. Mr. Blaisdell.
Mr. Blaisdell: Yes, Commissioner.
Mr. Dawkins: As such as you fought with me with the Arena attempting to ask*
them have minority participation all up and down the employment, ownership,
concessions...
Mayor Suarez: Sub contracts.
Mr. Dawkins: ... sub contract, then all of a sudden you have a - you, who
helped me for, have a staff and you don't have nobody in that top echelon who
look like me. It never dawned on you that that wouldn't sit well with met
Mr. Blaisdell: That is correct, Comsissioner.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Gene, I just want to ask you on the issue which apparently is
one that has everybody up in arms of the - and well it might - of the bonuses
or raises, whatever it La. When was that done by the board? When was that
decision made?
Mr. Plummer: Last month.
Mr. Marks: Six, seven weeks ago. Somewhere in that neighborhood. July Zbth?
Mayor Suavest That's the better part of two smooths. Why does it take that
long for us to know about it?
Mr. Marks: Because it wasn't put on until the budget was submitted...
Mr. Plummer: Too, because...
Mr. Marks: ... and if you recall here about three weeks ago, I tblj* 41w
Manager jumped all over
157 040014,401AW ITS, � `
Mr. Plummer: ... because they traveled under an assumption of a legal opinion
that told them they didn't have to get it approved until they surrendered
their supplemental.
Mr. Marks: That is sot what Mr. Korge said on this item. Not on this item.
Mr. Korge, and I brought it up, it was a 15 minute discussion on it and I
asked Mr. Blaisdell, not once but three times, I've asked Warren and I've
asked Jerry, I want a Copy of the minutes. It says in the code, in the
ordinance, that the minutes, you just don't leave it on tape, they are to be
written minutes. That way, it can go back to it. I asked Mr. Korge, can we
do this? And hemmed and bowed back and forth and finally the answer was so.
Now when a motion was made...
Mayor Suares+ Can we do what, Set a copy of the minutes?
Mr. Market I sever have Sot them. I still don't have than.
Mr. Bleiedell: gory month - we tape all the meetings and every month we
prepare minutes of the meeting.
Mayor Suaros: The transcript like we do.
Mr. Blaisdell: OK, and they're approved monthly by the authority. Mr.
Marks...
Mayor Suarez: Is it verbatim transcript, John?
Mr. Blaisdell: Mrs. Marks specific... I'm so...
Mayor Suarez: Is it a verbatim transcript?
Mr. Blaisdell: No, sir, it is summary of the minutes of the meeting. Mr.
Marks asked so last week...
Mayor Suarez: Too, because I would hate to see every authority now doing
verbatim transcripts. We'll spend all our tins doing transcripts.
Mr. Blaisdell: I know. Mr. Marks specifically requested the copy of the
transcript of that section. We're working on it, we have not completed it yet
and that's why he doesn't have it. But every month, minutes are prepared and
approved by the authority which summarize...
Mayor Suarez: Oh, was he present, I guess I should have asked that. Was he
present at the...
Mr. Blaisdell: Let so give you a....
Mr. Marks: I was there.
Mr. Blaisdell: Let at give you an overview of what happened at the meeting.
On July 24th...
Mayor Suarez: I don't have - I have an interest in hearing that from the
chairman, not from the executive director.
Mr. Marks: Tam, air, I was there.
Mayor Suarez: 0K.
Mr. Marks: The vote was seven, one. I was against the bonuses.
Mayor Suarez: Just a suggestion that, of course, you know, as J.L. says, this
was the Way you assumed that it was supposed to work. In the future, any
chairman of the authority I would strongly recommend that, if you sea
something that you don't think is proper, you alert the Commission. Tou don't
take it on faitb from the attorney that, necessarily, that that's the way. of
course, if an attorney gives you an opinion, that's the way it's supposed to
be.
Mr. Marks: Mr. Mayor, I didn't take it on the faith of the attorney or this
or that. The board made the motion. I also stated, why don't you wait until '
such time as we submit the new budget.
'i
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Mayor Bueres: That would hove wade sense.
Mr. Pluamert It ours would have.
Mr. Market OR. Also it the minutes, and I want everyone to get a copy of it
because I got a pretty good memory, the person who made the motion said, I
want the ebeck written tomorrow. No other comment on that.
Mr. Blaisdell, Mr. Mayor, giving a summary of the modifications which you
have asked, that's one modification out of nine that are being requested for
ratification.
Mayor Suarest yes, we've gotten three. Do you have any other major ones, I'd
kind of like to know as long as we're into this?
Mr. Blsiedellt I'd like to continue going through them.
Mayor Suarez: Cgs you give a couple of other major ones?
Mr. Blaisdellt Under the legal for professional services category, there's a
proposed modification for forty thousand which is the amount allocated...
Mayor guares: That's, of course, to reduce the amount, not to increase the
amount that you're paying the attorney, I hope.
Mr. Blaisdell: No. that is there - it's just a budget allocation for the
services to be rendered from June 29th through the end of the current fiscal
year under the professional services agreement.
Mayor Suarez: What are you budgeting for that amount?
Mr. Blaisdell: forty thousand.
Mayor Suarez: Total?
Mr. Blaisdell: Which is $12,000 a month retainer plus $4,000 budgeted
proposed expenses.
Mr. Plumper: Mo, that's the amount of change.
Mayor Suarez: I didn't agree with it at the time, I don't agree with it now.
I think I got outvoted by this Commission. That one. I think we approved if I
remom bar correctly.
Mr. Blaisdell: That's correct.
Mr. Plummer: Rxcuse me.
Mayor Suarez: And I voted against it. I think that's a humongous amount of
money to be paying for attorneys. And than not to get good advice from them
on top of everything also.
Mr. Plumser: It is not $40,000. forty thousand is the change.
Mayor Suarez: The modification, right.
Mr. Plummer: That's the modification between what was received last year and
this year, is an additional $94,000.
Mr. Blaisdollt And Mr...
Mayor Suarez: But I can't blame you for that. Wait, I can't blase you...
Mr. Blaisdell: We're talking about two separate budgets now, OK.
y
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Mayor Suarez: John, I can't blame you because I think you got a pretty clear
indication from this Commission that, at least not as to the modifi... sot do
modif led amount, but the basic amount that it was acceptable. I didn't think„
it was.
1S4 MpR'l1IIM�1s . rl� 4 1
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Mr. Plummer: stall, even this Co■sission, and I voted for it, in allocstin5
the $144,000, it was so stipulated that that was act just for Mr. Korge. That
was for total legal cost in fact.
Mayor Suares: And also the idea was that it was as needed.
Mr. Plusware That's not what, excuse see... hay, and that is n...
Mayor Suares: In other words, that was the maximum. I was...
Mr. blaiadelle Mr. Mayor, if I way respectfully, I believe that at this
Cosmiselon...
Mayor Suarese Now about if you wait till we finish what we're saying?
Mr. blaisdalle I'm sorry.
Mayor Suares: If I remember correctly, that vas as needed. In other words,
It was a cap that we were setting and now you're saying that you want $40,000
more than that?
Mr. Plummere go, ainety-tour. It's a hundred and forty-four thousand
proposed in this year's budget.
Mayor Suarst: That's $12,000 per month.
Mr. Plummer: Over what they - they allocated last year a partial of ten, then
for the year supplemental up to fifty. Nov, the difference between fifty and
one forty-four is $94,000.
Mayor Suarez: Well, but this Commission, I remember discussing the $12.000 a
month and the Commission approving it. I thought it was wrong. I thought
It's too high an amount and sure hope you don't spend that kind of money in
next year's budget.
Mr. Plummer: but on page 25, you go to that thing called legal support. In
their own budget, the proposed budget amount of one forty-four is a provision
of legal support to the authority pursuant to professional services agreement
between Chris Korga and the Miami Sports Authority.
Mayor Suarez: Mov such do you want to approve?
Mr. Plummer: Excuse me?
Mayor Suarez: Now such do you want to approve?
Mr. Plummer: I did not - $144.000 was not to exceed. That came about on a
formula of what Chris Korga was paid last year as a city attorney and those
legal costs that would be incurred outside of that service for legal...
Mayor Suarez: And that's why I voted against it because I thought to assume
that it would require a full time attorney was ridiculous for an authority.
It just didn't require a full time attorney. but do you think that it
requires a full time attorney? That they should be paying those kind of fees
next year or not? They ought to get some indication from this Ca- ission,
that's what you want to give them.
Mr. Plummer: Wall, Mr. Mayor, it was never intended that the attorney would
be paid $144.000. As you said, it was not...
Mayor Suarez: $12.000 a month time 12 works out to a hundred and forty-four.
Mr. Plummer: No, air. It was approved by this Commission, as I recall...
Mayor Suarez: As a maximum.
Mr. Plummer: ... not to exceed $144,000.
Mayor Suarez: ixactly.
Mr. Plummer: No would Set It number of dollars and the rest - ra" J&lag
portion of it as Deeded would be used for the filing of fees and the e3*eneep
related to legal expenses.
160 Septmr4er 27" l
Mayor Suerest I thought it was too Sigh @van including cost, but, yes, if you
take costs out, that at least reduce* the amount in legal foes by some amount.
Mr. Market That's a hundred and forty-four plus expense* which...
Mayor Suarest I even remember that discussion. I think I lost even that
round. I think that they went ahead and approved the plus expense. But I may
be vreag.
Mr. llummart It was not...
Mr. Market Forty thousand. After it was approved, you rant to take the
attorney's part of it because the Cosission approved to retain Chris Rorge.
Mr. Flummsert That is correct.
Mr. Market For the time he had worked within the fiscal year that is before
you for the amended budget there was roughly $40,000 expended. to the
following year for...
Mr. Plummer: Yell, wait a minute, so that means for a 12 mouth period, he got
$50.000.
Mr. Marks: No, no, no.
Mayor Suarez: No, because he was - before that he was on staff in the City
and he was...
Mr. Market No was on the City staff.
Mayor Suarez: He caw in in aid year.
Mr. Plummer: Nov long is the $50,000 for? That he received.
Mr. Marks: Wall, ever since he signed the contract.
Mr. Plummer: Vhich is when?
Mr. Marks: I don't know, you'd have to ask the bookkeeper.
Mr. Blaisdell: Mr. Mayor, can I make a brief explanation on this issue?
Mr. Plunsaer: Can I ask for an answer to my question?
Mayor Suarez: Tess I don't have any particular reason to ask the executive
director, but you want.
Mr. llumm:er: This lady is the finance manager, I'll ask her.
Mr. Blaisdell: She reports to so, Commissioner. I will answer any questions
You have about the budget.
Mr. lluft"r: No, air, I a• asking of bar, when was the contract signed with
Mr. Korge?
Mr. Blaisdell: June 29th...
Mayor Suarez: Is that part of your duties. by the way, Miss?
Mr. Blaisdell: No. June 29th, 1987. The amount...
Mayor tuarest Tou know, usually the Camsio@ioner - a Cansissioner is allswd
to oak the question of who ever he rants. John. I don't know that she kko"
the answer, but...
Mr. Plummer: An I then to assume it Is$ in fact...
Mr. Marks: J.L., J.L.. 1968, not...
Mayor Suaresr There you go, now you got the chairman, so you dot Wt:yWyg.
0 0
Mr. Marks: Me, it's 1988 it was signed.
Mr. Plummer: Are you telling me for June, July, August, September, he is
Setting SSO,000?
Mr. Bleledell: Commissioner, beginning July, August, and September, it's
$12.000 a month and we hove budgeted $&,000 for anticipated miscellaneous
expenditures. That adds up to $40,000 and that's the proposed modification.
Mr. Plummer: John, I asked you to provide me, which I hove not received,
because no budget is complete without a source of revenue, you promised you
would bring me a complete breakdown of to the source of revenue and I don't
yet have it. Tou can't budget X penny without having a source of revenue. In
the nesting in my office you said that you would bring it to me. I'■ still
waiting to see it. Do you have it now?
Mayor Suarez: Tou know, I would like if, unless you disagree, I would like on
the legal expenses and maybe Commissioner De Turre, who is also an attorney,
could look those over, to be advised if, at any time in the future, assuming
we approved your proposed budget, what those amounts are on a - if not on a
par month basis, at least on a per quarter basis. I "an, I'm hoping, as he
was indicating that that hundred and forty-four is a cap.
Mr. Blaisdell: It is, and Mr. Mayor this Commission instructed the city
attorney to review monthly and he...
Mayor Suarez: Too, well I'm going a step beyond that now and asking for the
Commission to got copies of that as we've done with some of the other
authorities that ve want to see exactly what the expenditure is and we'll take
obviously the city attorney's recommendations into account. But we'd like to
see what those are. I can't imagine they'd cost that such to pay attorneys
for an authority. Did you want to address any of the questions?
Mr. Fernandez: Mr. Mayor, if I...
Mr. Monty Trainer: Mr. Mayor, can I make one brief comment? Excuse me, Monty
Trainer, for the record. I'm glad that the Commission is now finally worried
about where the attorney fees are going.
Mayor Suarez: Member of the authority, right? I mean, let's put that on the
record, please.
Mr. Trainer: Too, I'm a member of the Miami Sports Authority and have been
for about four years. Prior to Chris Korge being appointed by the city
attorney as our attorney for the sports authority, I would like for this
Commission to go back and look at the legal expenses incurred by the Miami
Sports Authority.
Mayor Suarez: What ware they, does anybody remember?
Mr. Trainer: Over a million...
Mr. Blaisdell: One point three million dollars.
Mr. Trainer: One point three million dol...
Mayor Suarez: Over how long a period of time?
Mr. Plummer: Teo, but, whoa, whoa now. Let's be honest, come on.
Mr. Trainer: And this was built...
Mr. Plummer: There is a bell of a lot of difference between a regular ,monthly
retainer and building a SO million dollar facility.
Mayor Suarez: Sure, that included all the contracts and...
Mr. Blaisdell: That was all legal fees associated with the Arena project.
Mr. Trainer: If it wasn't for Chris Urge and John Blaisdell, you wouldn't
have an arena down there.
162 Ssptem"r sit 400.
0
Mr. Plusssert Monty, that's sot the point. The point...
Mr. Trainer: It you could bave seen the...
Mr. Plummert No, let's gat back to the point you made.
Mr. Trainer: I'm asking the point if you let me finish.
Mr. Plummer: When you "do the statement, that the legal tees prior, you paid
$S0,000 to one law firm just to look over a contract and the board approved
It. OK and that was just one. Nov, you cannot sit here and make se, in a
reasonable understanding, say that today when the construction basically is
finished, that you're going to have the same demand for legal services that
you did when you were building a $38 million dollars facility.
Mr. Trais*r: Tou just board from the chairman that th* project is not
completed.
Mr. Plumeert I said 90 percent completed.
Mr. Marks: Ninety -sine.
Mr. Plummer: Ninety -sine, OK? When your* under construction and you're with
nothing but handfuls and handfuls of documents, legal documents, God knows the
tees are going to be a hell of a lot higher. Yet, the board approved it.
Mr. Trainer: If it weren't for Chris Korge being the attorney, we'd have
another 2 million dollars in fees if we hadn't changed horses and gone to the
city attorney's office. It was Lucia Dougherty's office...
Mayor Suarezt Oh, let Me tell you, that's the truest thing that has been said
here. We should have gone to an in house attorney from way b*fora because a
silliou plus, I don't care how complicated those documents were... please,
anyone who wants to address the Commission approach the mike.
Mr. Trainer: And at this particular time I'd like to say because the sports
authority Members do serve at the pleasure of the Miami Commission, but they
are completely funded by the county bed tax. So there is always that gray
area of we're appoint, we're mandated by the State, we're created by the State
of Florida legislature, it's a legislative act, we serve at the pleasure so
there's always that gray area, who are you responsible to and why and when.
Mayor Suarez: We're trying to make that gray area into a little more black
and white.
Mr. Plummer: Excuse so, this is not gray. This is black and white. That is
the ordinance that created you from a City standpoint and clearly, clearly
spelled out what your authority was.
Mr. Trainer: Mr. Commissioner, you should have said this five years ago.
Mr. Plummer: Sir, it's been here ever since the authority was founded.
Mayor Suarez: Yes, that's part of the charge of the authority. John, what
are some of the other items as long as we ware going one by one. Do we have
any other major ones, please? It sounded like a pretty large discrepancy that
we're trying to...
Mr. Blaisdell: Under the professional services category, there's a proposed
modification of $200,000 and I'll go through those individually. First, we,
through an interlocal agreement with Dade County and City of Miami Beach which
we spearheaded, we engaged Touch* Ross h Company to assist us in transitioning
the collection of the convention development tax from State Department of
Revenue to Dade County.
Mayor Suares: Nov such did that cost us to...
Mr. Blaisdell: Fifty thousand dollars is the Modification there.
Mayor Suarez: Has that resulted in any appreciable increase in the revenues
of the authority? a.
163 Sept"Oes Z!,
CA 0
Mr. 11819doll: Tea, Mr. Mayor.
Mayor Suarez: Do you have any estim*t*?
Mr. Blaisdell: In the second quarter of 1988, in comparison to the second
quarter of 1987, we realised s Bat effective gain of 9 percent plus...
Mayor Suarez: Which was how such so the Commissioners have an idea, so all of
us have an idea?
Mr. Blaisdell: Well three bundred times three is nine, ten - let's say a
bundred and eighty thousand. OK? That was a $50,000 expenditure which, just
by - in addition to that we had a - delinquency levels ware cut in half, we...
Mayor Suares: Now, that item would have boon a good one to bring back up to
the Commission. I mean, as good as it may have bean the effect of it, I was
quite aware of the tact that we were trying to have the levying, the
collection be done locally am opposed to by the department of revenue. But
wouldn't it have made sons*, if you were going to spend that kind of money to
pay Touch* Ross or anyone else to have the Commission...
Mr. Blaisdell* Teo, Mr. Mayor, and once again, the understanding we had was,
we had that authority and that w* came back to you in the supplamental process
that - we had a ratification authority as opposed to...
Mayor Suarez: Veil, let se ask the chairman about that, if he has the same
view of it. Vould you think, at that time, Gene, that maybe you ought to have
the Commission look at that $50,000 expenditure?
Mr. Marks: Veil, again, it was brought up and the whole agreement was drawn
up by the attorney. There was City of Miami Beach was represented, Dade
County and ourselves and they felt that...
Mayor Suarez: How such was the total payment to Touche Ross for this?
Mr. Blaisdell: The total contract was a hundred and fifty, the hundred and
fifty thousand.
Mayor Suarez: And what were they supposed to do exactly for that?
Mr. Blaisdell: Veil, there was a...
Mayor Suarez: I mean I know you've said about the transitional, but I mean
the transition was a change in...
Mr. Blaisdell: This was a nine month, almost an eight month process - eight
to nine month process and their responsibilities essentially were to - from as
merely as comparing the lists or the data bases that had the number of the
hotels and the people - who the taxpayers were to designing a statistical
sampling system to identify non compliance...
Mayor Suarez: Oh, I see, they changed the actual collection system. Not just
the collecting agency and entity but the actual collecting system and the way
of verifying who's paying and all of that?
Mr. Blaisdell: From a zero - it's like a zero base budget. We started from
scratch. We sold the state, the were not of...
Mayor Suarez: No, no, it's not zero base because you have roughly the same
amount being collected, actually more now so...
Mr. Blaisdell: But from the design of the system point of view, we started
from scratch.
Mr. Plummer: What's your fiscal year?
Mr. Blaisdell: It coincides with the City.
Mr. Plummer: According to the ordinance of which you operate, you have to
have a budget in our hands prior to the first of April. '
Mr. Blaisdell: That is correct, Commissioner.
164 21.
xi
Mr. Plussar: Thst is at the time that was tivo months ago. Prior to any of
these large expenditures that a supplemental budget it it was going to be
proposed, would be preposed. Mow, that's five months ago. We received this
budget at the last - sot even at the lost meeting.
Mayor Suares: Any other major itese?
Mr. Slaisdell: Mr. Mayor, the...
IMAVDIBLE COMMENTS MOT ZMRZD INTO THE PUBLIC RECORD.
Mayor Suarez: That Touch* Rosa one, you mean?
Mr. Blaisdell: Our portion of that was only 00,000.
Mayor Suarez: Us, Miami Beach and who else?
Mr. Marko: our portion was not W0,000.
Mayor Suares: No, so fifty was us, I got that, I got that. Right.
Mr. Blaisdell* The seat modification, Mr. Mayor, was relative to our efforts
In baseball. As you know, we have allocated...
Mayor Suarez: I thought we talked about that already. Fifty thousand
dollars?
Mr. Blaisdell: We had fifty thousand for the awareness campaign and fifteen
thousand for the market research project that we...
Mayor Suarez: I certainly was aware that those things were being done,
whether we should have had, as Commissioner has implied, more direct knowledge
and formal approval. I think h*'& right. But I at least was aware of those.
Mr. Blaisdell: The final modification, under the professional services
category, was for $85,000 where, during the course when there was...
Mayor Suarez: Eighty-five thousand?
Mr. Blaisdell: Tea, eighty-five thousand where the authority spearheaded a
process to attempt to analyze the impact of competitive facilities. Dade
County is currently considering, as you know, putting a zoo amphitheater of
20,000 seats which we were concerned not only would seriously impact the
operations of the Aran& but seriously impact the Bayfront Park amphitheater.
And we were trying to be able to quantify those problems so that we could
properly plan as to hov we v*ro going to market those respective facilities of
the City of Miami.
Mayor Suarez: Right.
Mr. Blaisdell: We have a grave concern about that, that study...
Mayor Suarez: I gather you were concerned about the too having its own
amphitheat*r and what impact that might have on the Arena itself and I don't
know what other facility, I guess the Arena basically. And why did you have
to spend $95,000 to be worried about that? Who did you pay $65,000 to?
Mr. Blaisdell: Well, we were - the major purpose of the study was to do a
variety of things, but we were attempting to further evaluate the
utilization...
Mayor Suares: Mow, how, who'd you pay the money to? Was it a contract, a
consulting...
Mr. Blaisdell: It was a joint venture between a San Francisco antertale nt
firm, a firm who does this specially, and three local minority firms.
Mayor Suarez: I presume you concluded that the too amphitheater would not be
all that competitive with the Arena. Is that what you concluded?
165 Mptenber 376 low
Mr. Blaisdell: No, Mr. Mayor, the results show that that goo amphitheater
eould seriously impact the concert business at the Arena and also at the
Bayfroat lark amphitheater. it oleo gar* us some interesting conclusion...
Mayor Suarez: I would have made the minority report on that, I think. Gene,
did you approve that $95,0007
Mr. Marks Teo, the whole authority - Mr. Blaisdell Just made s statement
that it above an impact. If there is an answer to that study. I have never
seen it as a member, I doubt if any of the other members have ever seen it,
that the impact may have done. Nov, my ono...
Mayor Suaret: Tou mean, we paid for a study and that you approved and you
sever got to see the conclusion of it?
Mr. Marks: I don't...
Mr. Bleiedell: Mr. Mayor, the study has just been recently completed. It was
a tour and a half month study.
Mayor Suarez: When you say recently, you mean when?
Mr. Blaisdell: Most of the research data was just finally compiled in the
lost two weeks. We're scheduled to have a draft report to look at internally
within the next 15 days.
Mayor Sueret: I guess that answers that. It sounds like kind of a lengthy
process there for... well, it doesn't sound like a very complicated thing, I
mean, it sounds like...
Mr. Marks: The biggest impact at that time was the amphitheater... Mr. Mayor,
the biggest thing, this came about was the proposed amphitheater at layfront
Park and also possibly the one over at the Soaquarium.
Mayor Suarez: Tea, that was...
Mr. Marks: The one out at Metro Zoo, which I've said we can't control it. We
do have someone who's been paying - that is being paid a most beautiful
contract that I've ever seen written, of someone who runs the Arena, who
manages and puts in, you know, all the acts. We don't have one thing under
the contract, not one, does the City or this authority in operating that
Arena. Do you know that?
Mayor Suarez: I don't know what you mean.
Mr. Marks: Just what I said.
Mayor Suarez: We don't have one thing, what kind of thing...
Mr. Marks: We do not have one thing to may who plays there, what marketing
goes there, there is a contract that they got something like 76 percent of the
profits. We get 24 percent. But if there's a deficit, we pick up 06 percent
Of the deficit. Tea, if there's a deficit, they go into the maintenance fund.
Nov, there's not too many people been reading these contracts. you know, I've
got than and I've gone over them four hundred times.
Mayor Suarez: Oh, that particular contract, if it's the one I'■ thinking
about, it was written about in the Miami Harald extensively...
Mr. Plummer: More so for Zev Bufman. More for Zev Bufman.
Mr. Marks: Weil, what I'■ saying is this, that we have LMI is operating that
Arena, they do the marketing, that is part of their job, they have a marketing
director, they've got two. So...
INAUDIBLE CAD UNTS NOT SMTSRSD INTO THE MLIC RICORD.
Mr. Marks: Which one?
7.
Mayor Suarez: 11ea8e, if ou're
y going to speak, come up to the •ika, Skip,
166 j;?
;3
0 4%
Mr. Marks: Wall, if you want words, it was before I became chairman because I
didn't become chairman until....
Mr. Julius *Skip, thepardt ... that's what I'm trying to... My sass is
Shepard and I'm going to...
Mr. Odiot Let me tell you, so, so...
Mr. Marks: OR, wait a minute...
Mayor Suarez: Veit, wait, wait, wait. One at time here. Everybody all of a
sudden is interested in giving the explanation.
Mr. Shepard• My some is Julius J. Shepard, member of the board.
Mayor Suarez• Also known as Skip...
Mr. Shepardt ... also known as Skip.
Mayor Suarez: Can you just wait for a second, Skip? The Manager wants to
remind us of the history.
Mr. Plummer: Also known as....
Mrs. Kennedy• Skippy.
Mr. Plumser: Also known as John's father.
Mayor Suarez: You defer to Skip, please, sir.
Mr. Odio: I was going to say, it doesn't sake any sense...
Mayor Suarez: You don't defer to Skip, OK.
Mr. Odio: ... at this stage of the game a contract that was sealed and
delivered a long time ago to bring it up now for discussion. It doesn't sake
any sense whatsoever.
Mayor Suarez: Tex, that has been up and down in the papers.
Mr. Market Wall, they asked about marketing of the Arena. I shouldn't have
brought it up.
Mr. Plummer: Well, let me tell you where it does sake sense, OK? I am still
waiting and I don't know how anybody on this Commission can approve this
budget without the sources of revenue. We don't have the source of revenue.
Mr. Odio: Well, that is a good
Mr. Marks: It's already paid, J. L.
Mr. Odio: ... and that's what we should be - where are the revenues coming
from and then you approve the budget, but...
Mr. Marks: J. L., it's already been paid. They found the money somewhere.
Mr. Odlot Just tell them. but, I swan, I don't see any .... But I don't see
any sense, Gene.
Mr. Plummer: The point of it is that if that is a contention that it's going
to cost the authority money, then it is a part of budget. It is a definite
part of budget.
Mr. Blaisdell: Mr. Mayor, we are funded from the convention development tax.
We are funded at two different levels.
Mayor Suarez: Also known popularly as the bed tax or part of the red tax.
Mr. Blaisdell: Correct.
-
Mr. Plummer: Volt a minute, that doesn't tell no anything. Vhat did
receive...
167 370 l
n
Mayor overeat Ski"?, you wanted to may •teething.
Mr. plummart what did you receive last pear?
Mayor suarea: please, let's...
INAVDIBli COMMENTS MOT ZMRED INTO TM! ML2C IRCORD.
Mayor Suarezt OK, sane thing, fine. W re in good shape.
Mr. plummart Vhst did you receive last year from that source of income?
Mr. Blaisdell: The requirement of our budget. Three hundred and ninety - I
don't know what - hold on.
Mayor Suarez+ John...
Mr. Plummer: I asked a question.
Mr. Blaisdellt I don't understand the question, Comnissismar.
Mr. Plum■aert Can I ask an answer, please? Vhat did you wet from that source
of Income last year?
Mr. Blaisdell: The aggregate convention development tax for the previous
fiscal year was $3,975,000.
Mr. Plummer: And what did you get for your revenue side Of it?
Mr. Blaisdall: The portion - the budget which was approved...
Mr. Plummer: Dedicate to overhead.
Mayor Suarez: For operating the authority.
Mr. Blaisdell: The operating authority, that's correct.
Mr. Plummer: Now such did you get?
Mayor Suarez: Now such was that, for operating?
Mr. Blaisdell: Last year was $397,000.
Mr. Plummer: Vhere did the other $300,000 come from?
Mr. Blaisdell: From the convention development tax as well.
Mr. Plummer: You only got...
Mr. Blaisdell: The excess convention development tax, after payment of the
debt and operating expenses of the authority.
Mr. Plusmert Vhat do you project this year that income to be?
Mayor Suarez: A little bit more than last year, right?
Mr. Blaisdell: Between 4.2 and 4.5 million.
Mr. Plummer: Tour source of that revenue for operating expenses.
Mayor Suarez: Not your source, your expenditure of that for operating...
Mr. Blaisdell: $745,000.
Mayor Suarezt If we approve your budget.*
Mr. Blaisdell: That's correct. Also, Mr. Mayor, we age boptay "Ot
portion of our operating budget for next year can be reduced fret *b* Sw
'
side by the profits and seat charges generated from the Are" rbiob M bllpinft
to be In the $250,000 to $300,000 range.
.
log lsp bier 37.
1
1
Mayor luares: OK, you really don't reduce and expenditure from the revenue
aide, the revenue aide is the revenue side, the expenditure side is the
*Rpobditure side but you might reduce your overall, or you increase actually,
your overall set earnings that you could put into some other account or use to
bond out or something else.
Mr. Slaiadell: I think it's important, just to give you a perspective as to
there we've been from last year to this year and I heard you earlier talking
about fund balance. At the and of last year, 9/30/e7, the authority had a
fund balance of $425,000. At the end of this year, we project we're going to
have a 1.2 million dollar fund balance.
Mayor Suarez: Fund balances are fine in the case of an authority that has a
stream of revenues but we're trying to use that money to bond out for many,
many projects so it doesn't really solve our problem as you happen to be going
up a little bit from year to year since your revenues are going up
substantially because the bad tax is going up by a huge percentage from year
to year. A lot more than what you're indicating in terms of the money net
available money for bonding and we'd like to see a lot more out of that. I
think I reflect the views of this entire Commission. I have one last question
of, actually Gene or John, and that has to do once again with the survey that
was done in the last four months. Now long has the Arena been operating?
Mr. Marks: When it opened up?
Mr. Blaisdell: July gth.
Mr. Marks: July...
I think it opened in June.
Mayor Suarez: So we've had almost three swaths experience. Are you aware,
Gene, of any single one event that you have lost to any of the other
amphitheaters that you were considering, that, as far as you know is booking
ahead of time or, I mean, why would you do a study of something so speculative
as that?
Mr. Marks: There was only one event that was booked in and it vent up
to, I understand, Hollywood or Sportatorium. It was a type of a rock group
from what I get from L9I's people that could have tore the Arena up and they
didn't...
Mayor Suarez: And that's really a very similar facility to ours. That's not
an amphitheater at a too way out there, an open air amphitheater presumably.
Mr. Marks: No, so far...
Mayor Suarez: I just don't think that was a very visa expenditure. I don't
know what we can do about it at this point.
Mr. Trainer: Mr. Mayor, if I may...
Mayor Suarez: Monty, yes.
Mr. Trainer: ... at that time, there was a proposed proliferation of
amphitheaters. They wanted one at the Metro too, they wanted one at the
Seaquarium, they wanted one at Key Biscayne, we had Bayfront coming on line
because they ware - because of our agreement that had been made with Decoma,
we were being limited to 4500 seats and then Broward County is building a
couple and Palm Beach County is building, so in this...
Mayor Suarez: Well, the limitation of 4500 seats affects the park
amphitheater and I don't know that the authority has gotten involved in those
concerns yet and I'm not sure that it should.
Mr. Trainer: but at the time, there were about 10 proposed amphitheaters all
coming on line.
Mayor Suaret: I know, but you would agree in retrospect that it probably
wasn't a Wise expenditure because some of these amphitheaters have
materialized so for that I's aware of. I don't know about the one at the Boo,
has that...
169
September 27, 1"S
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Mr. Marks: The one at the too that the two parties are supposed to have sad*
up...
Mr. Trainer+ Well, that wa• a 20,000 s*st so that could really affect us.
Mr. Marks: ... and that be* boon done.
Mayor Suares: I have a very simple question, is there amphitheater out at the
tool
Mr. Marks: No, sir, there is son*.
Mayor Suarez: Is there one being built at the tool
Mr. Marks: Thor* is plans from the latest thing I heard, there is plans...
Mayor Suaret: In view of that, it probably wasn't a real good idea to spend
$g5,000 to study the possibility that there would be amphitheaters competing
with ours with our Arena which is an indoor structure like the Sportatorium -
vow, anyhow, I think...
Mr. Plummer: vell. also, you will recall that D*come was in fact considering
taking ever th* authority of the boyfront lark and they wanted a study done
prior to lifting that restriction of the 4500 seats.
Mayor Suarez: OK, now, maybe that plays into what Monty was saying, that
that's where the 4500 seats came into it.
Mr. llusiser: That was part of it.
Mayor Suarez: That Decoma was interested in that and maybe we thought that
that could get us a lifting of that provision.
Mr. Marks: It's in the contract that the City or the authority would
not go into competition with the Arena being they got their capital investment
In operating that.
Mayor Suarez: We war* trying to convince them maybe to lift that.
Mr. Marks: Accept the amphitheater or 4500.
Mayor Suarez: That would have been an interesting purpose to serve with that
study. The other ones are a lot more doubtful than that on* but I guess after
the fact, it's Monday morning quarter backing. What does the Commission want
to do on this unless w*'ve got any more questions?
Mr. Shepard: Just on*. I would like to point out that the - our chairman,
Gene and Blaisdell, I want the Cosroission to understand that they inherited a
tremendous terrible situation when they walked in there. They got that bad
contract and if it wasn't for their work and I mean many, many, many hours
that Gan* and John put in and I know we sat there and we heard and many a
times they had to go to - how many trips they mad* to Houston, Texas, to meet
with the developers and I really think that they deserve a lot of credit for
the job that they've done.
Mr. Plummer: Skippy, let se tell you something, I've made the statament
before and I'll make the statement again and I'll add on* more to that. That
was Gone Marks, the board, John, and Chris Korge - if it had not been for
them, there would be no Arena.
Mr. Shopard: I agree.
Mr. Plummer: Because it was going downhill.
Mr. Shopard: I agree with you.
Mr. Plummer: My problem, and my contention is, that you are now cowing to
this Cosmsission asking me to ratify $300,000 of expenditures that we did Mot
approve in the first place which, by law, says we bave to do it. Tou bawe
placed this Commission in a position of not being able to say no. because the
money's Son*. The money has already been spent.
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170 ieptusMlrr �� 1M
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Mr. Shepard: With all due respect, I think he's explained it though.
Mr. Plusinert It's sot a matter of explaining, Skippy.
Mr. Shepard: I know, with all due - I understand, I understand.
Mr. Plummer: There are procedures that you have to follow and they ware sot
followed.
Mr. Shepard: you can be assured that he'll follow them from now on.
Mr. Plummer: Hey...
Mr. Market I would like to see every member of the authority, if I may ask,
through the executive director, that every member Set a copy of the ordinance,
they'll know what to operate under and also contracts, if they can be done, of
our Mack agreement that we are operating under the City. I think there's not
an authority member here and I think everyone was here except possibly...
Mayor Suer*z: What agreement are you talking about, Gana?
Mr. Marks: Vell, things come up that we have to vote on and it's tough for an
authority member to vote on something if he don't know what's in the contract.
Mayor Suarez: Oh, yes, all contracts should be made available to you before
you vote on them.
Mr. Marks: But we have other things coming up as for as the additional
advertising. Va•ve got a contract, the name of the Arena - Mr. Trainer,
explicitly said in there, the name Miami will stay on the Arena. There's
power of...
Mayor Suarez: I thought that was decided by the Commission.
Mr. Marks: It is decided, we decided it because it's in the contract that we
same the Arena.
Mrs. Kennedy: But in deference to Monty Trainer, he was really the one who
pushed for it to be that way.
Mr. Plummer: That's right.
Mr. Marks: You know, they want to...
Mayor Suarez: But I think this Commission approved that, I remember that.
Mr. Marks: So, you know, John is done one hell of a job.
Mayor Suarez: Any future renaming* of the Arena, you know, should be made
clear to this Commission and approved by this Commission. I don't what that
has to do with any...
Mr. Marks: Skippy, I appreciate your statement because many a nights that
John, Chris and I sat with and his group with the Heat
from 9:O0 o'clock in the morning till 4:00 o'clock in the morning three and
four sights in a row until we finally got that straightened up. It has not
been an easy job and this young man has worked his tail off and I take my hat
off to him. But we are not finished. We've got to final out the contract
with Decoma, with Lynbeck and I promised the Commissioner appointed se to this
and I gave my word. I said, J.L., any excess monies we have, you've got my
word I'll do whatever I can that got* into conventions. You know...
Mayor Suarez: That's where we're heading.
Mr. Plummer: Zxaetly.
Mr. Marks: OK, so...
Mayor Suarez: And that's why we want to trim the budget as such as w
possibly can.
171 Mpt er 37,
Mt. Marks: I feel that's what it is and we still owed that 10 million dollars
that the letter wee written that we owe the Commission 10 million dollars.
That we put in 3 million at Knight Center and five and a half million over
here, I want to build that up so that debt can be paid off. Because the
money's there, I cannot see expending it on anything except whet we're
supposed to do with it. Thank you.
Mayor Suarez: Thank you, Gene. I've heard, by the way, on the actual
construction of the Arena generally praises from all people just about and
People have been very, •ery impressed by it but I do want to may that I've had
some complaint, and this is about as good a time as any to convey them to you,
John, particularly from those people who are handicapped and felt that it was
only one elevator made available to them. I know we're working on the
escalators as a possible option or another elevator, or whatever. And, very
important, is that the operation of the Arena, I don't know if it's actually
to what extent a particular booking agent or booking entity has control but,
you know, the opening of doors when people are allowed to go into the Arena
and the opening of doors even more importantly for people to get out when they
want to Set out, should not be under the direction of anyone axcept, I think,
the authority and the City. We should open the doors when we think the doors
should be open and particular we should open doors for people to come out when
they're trying to get out. Tou know what a mad house it was. you know, with
the ultimate event evening out there and - no comments on Frank Sinatra's
performance...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I told...
Mayor Suarez: Well, let s* put it this way, I'■ not ready to debate tonight
and to, for myself, to vote on anything like who has charge of this but I want
to make sure that we're sad* aware of who's making those decisions, why those
decisions are being made and that it not be up to some booking agent. I know
that as far as when the doors were open for people to get into the Arena, it
was basically that of one of the performers whose name I won't mention and
that seemed to be holding up crowds of people outside because this performer
wanted to test our sound system endlessly and as good a performer as that
particular one may be, so as not to indicate the sex, that's fine but, you
know, I don't think that should be determined by them. It's certainly not on
the way out, people were telling me that that* were all kinds of doors that
lead out from different stairways or something and they couldn't get out.
They got to the door and the doors were locked. When we open up, as f at as
I'm concerned, I'm not an expert, and maybe the fir* department should be
advising us on this, all of the gates should be open for people to get out.
Mr. Plumper: I've already talked to the fire chief.
Mayor Suarez: And maybe it's a fire code. In fact, a gentleman came up to me
and said you're •iolating the fire code by not opening up all of those exits.
And I don't know who's making those decisions, but get a handle on that. Make
sure that our liability is not increased in any way by those decisions being
sods in a wrongful mann*r.
Mr. Blaisdell: We will follow up and report back to you.
INAUDIBLE COMMENTS NOT ENTERED INTO TIM PUBLIC RECORD.
Mayor Suarez: Gene, we're going from apparently from not knowing too such
about what the authority was doing to knowing just about everything and there
at* other items that we have to try to get to before the and of the evening.
We thank you for your report.
Mr. Plummer: I'll give you one better, they had barricades. They had
barricades there so you couldn't get out.
Mayor Suarez: Well... anything on this item? Nov would you feel if w* took a
vote on - just thinking of this as I go through it - first of all, that the
motion to approve the budget would say that, within so later than 60 days they
have to nose back for approval. In other words, that we would only approve
the first 60 days of the budget. Number one, so we have a little more Liss to
go through it and get answers. And number two, that any of last year's budget
that has not been already spent and that is not somehow contractually
172 geptawwr 27, 1"s
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csimmitted, tot be spent. Tou're concerned about come ed tM se expenditures.
Has it all been spent?
i
Mr. plumsisr: It's all been spesrt. It's all Some.
Mayor Suarez: That's not ghat he indicated to us. Is there anything
ftto
be spent of the appropriated amounts? Allocated ssousts it not appropriated.
Mr. Sleiedell: We would have to go through each item sad spec ificaily I don't
know and we did sot do that specific analysis.
Mayor Suarez: Do you want to hold off any spending, I's... as far as I'm
concerned, it we blew it, we blew it. We ought to just go ahead and take •
vote and approve the...
Mr. Sleladeli+ I believe that 90 to 95 peresnt of tha m=peaditures have been
either costracted for...
Mayor Suarez: I figured you'd be somewhere in the 90's.
Mr. Sleledell: Tes. So the...
Mr. plusser: We can approve it but no more than 1/12th will be expanded, so
say... we can do the sane as we did with Lba computer dbepartmnt, so more than
1/12th be expended without Commission approval.
Mr. Fernandez: Tou have two items in front of you. Item 21 which is for this
actual fiscal year to approve and... OK, OK....
Mayor Suarez: That's the one - the first ona, that's the one ve'ra talking
about. This actual fiscal year, we just want to approve and ratify their
actions for lack of a better thing to do with the instructions that from now
on, all expenditures have got to be approved by this Commission, if there's
any deviation from the budget to the tuna of whatever amount you want to
specify? Twenty-five thousand, if you want.
Mr. De Turre: Or all we need is to get more communication, maybe, you know,
through Cesar, from John as to what's going oa there and, you know, I don't
know really, he's employed by....
Mr. Odio: Oh, it's a very strange...
Mr. De Turre: Mow does that work?
Mr. Dawkins: Mr. Mayor...
Mr. Plummer: Tes.
Mr. Dawkins: ... say I have a point of special privilege?
Mayor Suarez: Commission Dawkins.
Mr. Dawkins: It is g:20. we have soma peoples who've bwen here quits some
time. Now we need to find, because at 9:00 o'clock I's going home, so now,
you can stay on this item till 9:00 o'clock or you can hear what the citizens
came here for us to hear at 9:00 o'clock. Now, we've hesa on this item long
enough to bring it to a closure.
Mayor Suarez: That's what we're trying to do.
Mr. Dawkins: Well, let's bring it to a closure and sot the rest of the
citizens out of here.
Mayor Suarez: That's exactly ghat Agra trying to do. Do you want to frame
the motion so we get this undone?
Mr. plummier: Well, Mr. Mayor, the motion as far as the moslea already
espeaded, in the past year I can't vote for. I would sake a motion that the
upcoming budget that we do the same as what we did in the computer departssst
and that is that we fund so more, than 1/12th of the budget sod caw back for
Commission approval.
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173 MpteMor 27, 1"i
Mayor Overeat Until the further report.
Mr. Plummier: Rxectly, the same restriction.
Mayor Overeat to moved. Somebody want to second that? Seconded. Any
discussion?
Mr. be Turret Discussion.
Mayor suarort Commissioner Do Turre.
Mr. Do Turret Isn't the purpose of the situation with the computers because
they have to perform as for as what we want them to do.
Mr. Plummer: Well, and we'd also like some more explanation on this budget.
Mr. be Turret On the upcoming budget.
Mr. Plummeort Too.
Mayor Suarez: Too, we're talking about next year's budget. We're approving
the first 1/12th of it so that they can operate for another month.
Mr. Do Turret When are we going to sit dove and deal with this then?
Mr. Dawkins: This is 21 we're working on or 227
Mr. Fernandez: No, no, no, that's 22. Next year's budget is item 22.
Mr. Dawkins: Uh huh, so right now we got to approve the money that they've
already spent.
Mr. Fernandez: That's 21. right.
Mayor Suarez: Well, first we got to go back to 21, right.
back but he made a motion on 22 which has to do with...
Mr. Plummer: I'll hold.
Mr. Fernandes: OK.
Mayor Suarez: Zither way.
Mr. be Turret No, let's go ahead with it.
Mayor Suarez: If we can get one done, you know.
Mr. Dawkins: Go ahead, let's get one done.
We'll have to go
Mayor Suaraz: OK, on next year's budget we're approving the first 1/12th and
we want a report back which means basically this Commission will have to hear
this to approve for the authority to continue operating no later than the
second meeting in October.
Mr. Plummer: Or we can continue at that time another 1/12th.
Mayor Suarez: Oh sure. We can also continue 11/12ths, if we want.
Mr. blaisdoll: Mr. Mayor, a question, what type of report do you want back
from the authority?
Mayor Suarez: I'm sorry?
Mr. blaisdoll: What report, other than what's in this budget now, would you
like back from us?=
Mayor Suarez: I gather the Cesisission wants to really just go through it
again and but we feel, as Commissioner has indicated, that we want to got to a
awn other items.
6.
Mr. blaisdellt If there's anything specifically that somebody requires, let
see know, I'll be sure to got that to their.
174 Sattswbar lit i
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Mayor Scares: I'm were you that 70c•11 aft aome calls on specifics.
Mr. fersandes: Mr. Mayor, I call to 7w attention the fact that i/llth of
what, l/llth of what is right sow...
Mr. Plummer: Seven.
Mayor Scares: Of the proposed bsdgst for the next fiscal year.
Mr. Plummer: Of moves forty-five, ssr twenty.
Mr. rernandes: Of the pro... OK. All sight.
Mayor Suarez: OR, we have a motion. De we have a secondf
Mr. be Turre: I'll second.
Mayor Scares: Call the roll.
Mr. Plummer: Are we going to pea " n same provision on then that we have on
all others as for as the line Stan chsmaet
Mr. be Turret Might as wall.
Mayor Suarez: Vell, so far we'w only given then 1/12th to function, so I
can't imagine they're going to change anything in the next month. After that,
I think we ought to when we finally approve it for a year.
Mr. Plummer: All right, we'll do it then it you want.
Mayor Suarez: Call the roll.
The following resolution was latroduced by Commissioner Pl= msr, who
moved its adoption:
RESOLUTION NO. 68-866
A RESOLUTION APPROVING ONLY OME-TWLLFTH (1/12) Of THE
ATTACHED FISCAL 1988-39 ADMINISTRATIVE BUDGET OF THE
MIAMI SPORTS AND MWISITION ♦VTHORITT.
(Mere follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commisaiomer De Turre, the resolution was passed
and adopted by the following vote:
ATES: Commissioner Victor De Turre
Commissioner Miller J. Deakins
Commissioner J. L. Plummer, .Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Mayor Suarez: I wouldn't recomnsad chg"ing it even one penny in the next...
Mr. Plummer: 30 days.
,a
Mayor Suarez 30 days. OR, ss to tM existing budget, I'il eatezt#s* a
swoon to approve it. budget. tM asPiesOftal budget. modified budget. ft&tegr
Mr. be Turret Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
r
475
Mayer Bares: Seeossded.
Mr. Odle: The executive director is telling me something I have an obligation
to pass as because I don't think It...
Mayor Smarts: Which is What?
Mr. Odio: That because of this measure that you just took, that we sight loss
$900.000 and I think he should explain this.
Mayor Suares: Very interested in that. Mow might we lose $900,000, Whatever
the amount is?
Mr. Odio: I think he'd better explain that because I don't understand it.
Mr. Blaisdell: Mr. Mayor, we are an independent agency of the City. Wa have
responsibilities, we incur debt, we have outstanding debt, we have financial
Institutions that have a lot of money on the line based on What we do and When
we do it by. I have a concern...
Mayor Suares: We're talking about your operating budget, John.
Mr. Blaisdell: I understand, but I have...
Mayor Suarez: We're talking about your operating budget. Not any of your
capital budget.
Mr. Blaisdell: I understand that, but I have a concern...
Mayor Suarez: Or transactions.
Mr. Blaisdell: ... and I have expressed this to the Manager. We are
currently under segotiations With certain financial institutions to attempt to
release the utilities service tax pledge from the City. I do not believe and
I Would not recommend to you that this is a message even though you're the...
I understand the control aspects of what you're trying to accomplish, but I
need to sake you aware that I do not feel that that is a visa course of action
to follow given the...
Mayor Suarez: I'm sorry, if you're about to negotiate that and you need a
stronger message, as far as I'm concerned, we'll call a special session.
Mr. Plummer: There you go.
Mr. Dawkins: And not only that, Mr. Blaisdell, somewhere along the lines, you
and everybody elm* have to realize that you made the mistake and you better
not sake it again. Don't hold me responsible for your mistake.
Mayor Suarez: Call the roll on that. Do we have that in the form of a
notion?
Mr. Dawkins: Yet...
Mr. Fernandez: That is 21?
Mayor Suarez: Which one do we have...
Ms. Hirai: Itsm 21, it's been moved and seconded.
Mayor Suarez: Call the roll.
i
The following resolution was introduced by Commissioner be Turco, who
moved its adoption:
RSSOLOTIOM NO. 48-665
♦ RKSOLUTION APPROVING TMS ATTACMSD jUMAL
ADMINISTRATIVE SUMT OF THI MIAMI SPORTS AND MWISITIOM
♦OZIIORITY, FOR FISCAL TEAR 1987-68.
(More follows body of resolution, emitted bore
and on file is the Office of the City Clark.)
176
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Won being soeosdsd by Ca issiessr K*nn*dy, the resolution was passed
and adopted by the following vote:
AUS: Cowissiesor victor be Turre
Ceomiiooloner Miller J. Dawkins
vice Mayor Rosario R*an*dy
Mayor Xavier L. Suarez
MOXS: Comesiosion*r J. L. Plummer, Jr.
i AIMM: None .
Mr. be Turret Mr. Mayor, if I may ask a ou*stion eo I Can get an idea of how
It functions. them* different authorities, as far as chairmanship, is that
i don* in a fashion where the board wabors elect the chairman on an annual
basis or...
Mr. Odio: No, you...
Mr. Do Turret ... or biannually, or bow does that work?
Mr. Odio: No, you select the chair.
I
Mayor Suarez: In the case of this authority, the Ceamsiosion appointed the
chairman, we didn't specify.
Mr. Dawkins: And I'll be appointing the chairman at the next - i scan, I'm
i going to recosssend Georg* Knox at the next a*eting for chairman. Me, Miller
Dawkins, I don't know about nobody else up bore.
Mr. be Turre: Is that until the person goes on as a chairman until...
Mayor Suares: the Commission can, at any time, as far as I can tell from ghat
we've don* before, can any time change the...
Mr. Odlo: It's your choice. It's your choice.
Mr. Fernandes: According to the ordinance, that's - in effect, it is the
choice of the Commission who serves as chairperson.
Mayor Suarez: Now long has the current chairman served? Row long has Gene
served?
Mr. Fernandes: It's an undet*rmined term.
Mayor Suarez: Now long has he served up to now?
Mr. llussmer: Gene, three years, as chairman.
Mayor Suarez: Two?
Mr. Odio: At least two and a half years, I'm sure.
Mr. Dawkins: Three.
Mr. Plummier: Three, yes, that's what I thought. Three years.
Mr. Dawkins: That's long enough to turn over a now chairman in my opinion. I
don't know how nobody else foals.
Mr. be Turret OK, thank you.
Mayor Suarez: For myself, I'd be very clear, I'll be voting for a new
Chairman of the authority and if that helps in any way and the rgias
Cawissioners thinking of it and planning for a... sad I'd like the item to be
scheduled for the next Commission Meeting.
NOT FOR TRt RiCORD: At this point, the City Cessl"jan wf,
tooporarily defers Consideration of regular agenda to
Consideration of Items on the plansing sad soaiag ogonda. x
177 g#ptdriM��"p.� fi
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Upon young seconded by Commissioner Rennody, the resolution was passed
and adopted by *A* following vote:
ATIS: Csmmissiewor victor be Torre
Commissioner Hiller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ASSENT: None.
Mr. De Turre: Mr. Mayor, if I may ask a question so I can sat an idea of bow
It functions. These different authorities, as far as chairmanship, is that
done in a fashion where the board members elect the chairman on an annual
basis or...
Mr. Odio: No, Tou...
11 Mr. be Turret ... or biannually, oz bow does that work?
Mr. Odic: No, you select the chair.
Mayor Suarez: In the case of th1v authority, the Commission appointed the
chairman, we didn't specify.
Mr. Dawkins: And I'll be appointing the chairman at the next - I mean, I'm
going to recommend George Knox at the next sleeting for chairman. Me, Miller
Dawkins, I don't know about nobody else up here.
Mr. De Turre: Is that until the person goes on as a chairman until...
Mayor Suarez: The Commission can, at any time, as far as I can tell from what
we've done before, can any time change the...
Mr. Odic: It's your choice. It's your choice.
Mr. Fernandez: According to the ordinance, that's - in effect, it is the
choice of the Commission who serves as chairperson.
Mayor Suarez: Now long has the current chairman served? Now long has Gene
served?
Mr. Fernandez: It's an amdetermined term.
Mayor Suarez: Nov long has he served up to now?
Mr. Plummer: Gene, three years, as chairman.
Mayor Suarez: Two?
Mr. Odic: At Last two and a half years, I'■ sure.
Mr. Dawkins: Three.
Mr. flummser: three, 7es, that's what I thought. Three years.
Mr. Dawkins: That's long enough to turn over a new chairman in my opinion. I
don't know how nobody also feels.
Mr. be Turre: OK, thank you.
Mayor Suarez: Tor myself. I'd be very clear, I'll be voting for a new
chairman of tie msdlrority and if that helps in any way and the other
Commissioners thinking of it and planning for a... and I'd like the item to be
scheduled for the next CoamisaLon Meeting.
474 MptMiesy` r_;
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MOTs y" Ta UCORD: At this point, the City Co■miselon
temperarily defers consideration of regular agenda to resume
consideration of items on the planning and toning stands.
44. A. Crest appeal by objector (Coconut Grove Civic Club) and reverse
Zoning board's approval of variance to permit extension of existing dock
at 3590 Crystal View Court (Owner: Jeffrey Tardiff, M.D.)
b. Instruct administration to make a study on present citywide
requirements regarding length of docks.
Mayor Suarez: Next item. Planning and Boning item.
Mr. Dawkins: What are all those people in here, on which one?
Mayor Suaroze Which is the item that we have so many...
Mr. Cuillerseo Olmedillo: PZ-20.
Mr. Dawkins: PZ-20?
Mr. Olmedillo: PZ-20, it's located at 3590...
Mr. De Turre: Is that the last item of the day?
Mayor Suarez: The Tardiff case. Yes, I'm sorry.
Mr. Oluedillo: ... Crystal View Court. And what you have in front of you is
an appeal of the toning board's decision to approve a variance to permit an
extension of the existing docks and catwalks for a total of 35 feet instead of
25 feet. The planning department recommended denial, however, I will not make
a presentation now. Allow the appellant to go forth first then the appellee,
and than the staff will make its presentation. The appellant being the
Coconut Grove Civic Club.
Mr. Plummer: I haven't had time to read it.
Mayor Suarez: It looks like two sides are getting ready to spar here. Who do
we hear from first? The appellant, Jim.
Mr. Jim McMaster: Jim McMaster, 2940 S.V. 30th Court, Coconut Grove. Tucker
Gibbs is not able to be here tonight so several of the members of the Civic
Club board are filling in for his. I'd first like to put into the record a
letter for L'Hormitage Owners Association, Inc. It just says, •This will
confirm that we have been and continue to be opposed to the approval of Dr.
Tardiff 'a docks and we urge the Commission to seriously consider our
objections to this request which we have continually expressed and should be
contained in the copious records pertaining to this matter."
Mayor Suarez: I'm sorry. It's been a long day.
Mr. McHastart Yes, I atrae.
Mayor Suarez: It's boon a long afternoon, no recess.
Mr. McMaster: Yes, it sort of like well, you know, here we go again. The
first time this popped up was when the neighbors complained about Dr.
Tardiff's construction. to than Dr. Tardiff went out and got a letter stating
that there were sea grasses here and he applied for a class C permit to
preserve the archeological and natural features in the area. Now this, of
course, even though his letter stated that there were sea grasses there, this
was denied by the planning department and he subsequently appealed it and
withdraw this appeal because as the planning department found out fron Dade
County Durham, there are no sea grasses in this area. to, we went from the
sea grasses to Dr. Tardiff than getting a letter from the sans gostlemm
saying, well, of course, there are no sea grasses here but there are g4bor
marine life here and maybe some riprap might help. to then Dr. Tardiff easy
179 soptslwsar all
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back and we war* building these docks for the Olympic sailing team. So we
want to the Olympic sailing toss apatl a and...
Mayor Suarez: I remember the let"ra first saying that it was needed and then
saying it was net needed by...
Mr. McMaster: Saying that we didn't have any sea grass and that it wasn't
seeded.
Mayor Suarez: I proouse those are still part of the record of the prior
bearing.
Mr. McMaster: Teo, yes, air.
Mayor Suarez, If they're relevant to this one, I'm not sure that they have
any relevance to this one.
Mr. McMaster: And then we went to the Olympic teas and that was why we're
building thee* docks. And then samerhere along when the riprop case up again,
what Dr. Tardiff has done now is he has resoved part of the docks and moved
one of the piers over to L'Hersitage side which will require a D-5 permit from
Dad* County Durham state it does not meet their D-5 requirement. And that
will also require approval by that neighbors on that side in order to get Dad*
County approval. If the neighbors do not agree, than this will also go before
the Dade County Commission if you do approve it. This is a self imposed
hardship by the applicant. He is not required by Dad* County Durham to put
the riprap on this site. He can put the riprap anywhere be wants to or give
the money to a trust fund for the bay. I would just like to ask this board
that if they feel it is a hardship and that he should be granted it, that if
he puts in 10 feet of riprap on this site, he'd be allowed to extend his docks
the same 10 feet. If he puts in Z feet of riprap on this site, he extend his
docks 2 feet and that if this board should so choose, any variance you grant
should be directly tied to the laying down of riprap and permits should not be
Issued until the riprap has been put in. Thank you.
Dr. Jeffrey Tardiff: Honorable Mayor, Semb*rs of the Ctmodu Sion, It's hard
to know where to begin because McMaster has said a number of serial...
Ms. Hirai: Excuse me, we need your name. Excuse m*...
Mayor Suarez: Give us your name and address, Doctor.
Mr. Tardiff: My name is Jeffrey Tardiff. I live at 3590 Crystal View Court,
Coconut Grove. It's difficult to know where to begin because Mr. McMaster has
kind of falsified the record serially on numerous counts and...
Mayor Suarez: You say falsified the records?
Mr. Tardiff: Tos, he kind of falsified the records. but I don't want to come
In... wait...
Mayor Suarez: You mean he misstated something.
Mr. Tardiff: OK.
Mayor Suarez: I Nan falsifylag the irecord implies tailing a document and
changing something on it and I don't think that's what you seen, but go ahead.
Mr. Tardiff: OK, thank you for correction of the usage, he misstated a few
things. but, what's concerning me is he kind of is trying to change the topic
of conversation of this Commission 16ssting tonight. The dock in question
originally has been totally remaved, every single piling. Mot one piling is
left. In proof of that, I gave the City of Miami pictnsss of the job site
with •vary single piling removed.
Mayor Suarez: Doctor, wait a minute. we Say have to take a recess hers
unless we can have the attention at least of because the CammissIonere sot
able to - go ahead.
Mr. Tardiff: Lot ms start again because I'd like Mr. Plummer to hear this.
The original dock that had been constructed is complotsly removed, every
1!0 septsNer all I"s
6
single piling. In proof of that, I provided the City of Miami multiple
pictures showing the entire job site cleared. Not one item left on the sea
wall or in the water whatsoever. The City of Miami, on January 22nd, 1986,
issued aw a permit for a 25 feet dock. That was permit is from the department
of public works, it's signed by Ed O'Connor. That 25 foot dock was approved
by Durham and the Dade County Commission. That dock was constructed and put
in position by March gth. That dock was completely in accordance with every
rule and regulation. It's an entirely different dock, there's not one thing
original on that site. On July 18th I came before the zoning board and
applied for permission to extend the dock for safety purposes from 25 to 35
feet and the zoning board approved that extension to 35 feet. Subsequent to
that, the City of Miami, department of public works, issued a permit to build
that dock to 35 fast. That permit I have with at tonight signed by Ed
O'Connor. Also department of environmental regulation has approved it and has
issued their agreement to go ahead with the construction to 35 feet. The Dade
County Commission has also approved that dock. I spoke about a month ago with
Ike Bernstein, my immediste neighbor to the south from L'Harmitage. No told
me he did not object at all to the construction out to 35 feet. He called mt
last Tuesday, 1 had no idea he was going to call me, he told N that he met
with the L'Hermitage homeowners association and he told me that I would find
me one here tonight from L'Heruitage, as far as he knew, because they wish
that I have the dock out to 35 feet. They didn't see a problem with it. They
thanked me for the removal of the prior dock and I agreed to coat the outside
of the dock with the same wood that they have on theirs.
Mayor Suarez: I'm not sure that that's relevant, but do you want me to test
to see if there's anybody here from L'Hermitage or are you telling us that
there isn't in fact...
Mr. Tardiff: I think that might be appropriate because he told me verbally,
but...
Mayor Suarez: Are there any residents of L'Hermitage here presumably
opposing?
UNIDENTIFIED SPEAKER: It's in the letter.
Mr. Sergio Rodriguez: Mr. Mayor...
Mayor Suarez: I'm sorry.
Mr. Rodriguez: They introduced at the beginning of the meeting a letter from
L'Hermitage.
Mr. Plummer: What was the date of the letter?
Mr. Tardiff: Could we possibly see that data on the letter and so forth
because....
Mayor Suarez: Absolutely, if it's introduced into the record.
Mr. Tardiff: ... Mr. Bernstein has called me and told m• that he didn't
object to it.
Mayor Suarez: Were you acting on behalf of the L'Hermitage residents?
Mr. Tardiff: Who's the letter signed from and if I could sae the letter.
Mr. Plummer: What's the data on it?
Mayor Suarez: Can you give me the date, Madam City Clerk and put it into the
record. And, in addition to that, give us an idea of how many people signed
It, assuming that they're all from L'Hermitage.
Mr. Plummer: September 27th, 1988, I think is today.
Mr. Tardiff: Who's it signed by?
Mr. Plummer: Signed by Marvin A. Marcus, president of the L'Nernitage Owtars
Association, Inc.
181 fept+wbsr 27, 1"1
n
C f
Mrs. Ressedy: And can yeu tell Mr. Marcus that the next time he addresses the
Commilesion set to use the word gentlemen.
Mr. McMaster: Is that eeme statement about your fellow Commissioners then?
Mr. Tardiff: Mayor, in that - we have 20 some people here in support of this
extension and we bave sot seen or heard of this letter that was just issued by
that person in that Mr. Bernstein, my immediate neighbor, is not here
tonight - he called me a week ago...
Mayor Sueres: What is the relevancy of the people who are here knowing or not
knowing about the letter? Presumably they're not from L'Hermitage, right?
Mr. Tardiff: We have several people from the street who are here.
Mayor Suarez: From the streets?
Mr. Tardiff: We have Barbara.... live on Crystal view Court.
Mayor Suarez: Oh, OK.
Mr. Tardiff: However, though, my only neighbors who are affected would be Ike
Bernstein who is my immediate neighbor to the south.
Mayor Suarez: It is kind of interesting that they would send a letter from
the association president and not show up in person. I mean, Jim McMaster,
you don't live in L'Hermitage, I don't think unless you've done really wall
lately.
Mr. McMaster., No, sir, unfortunately not. I think it's an issue that will
come up in the future. They have now changed the notification procedure that
the residents within 375 feet are no longer notified by mail so there is a lot
of confusion, both here and in other cases as to...
Mayor Suarez: You mean we got caught in this matter with that change that we
made?
Mr. McMaster: Yes, sir.
Mayor Suarez: Oh, Lord, when are we going to get back to notifying all the
neighbors of proposed Commission action on these kind of cases?
Mr. Rodriguez: That's before you the next Commission Meeting of the 27th and
what we have been doing in the meantime...
Mayor Suarez: I would have known this would fall through the cracks.
Mr. Rodriguez: ... is sending courtesy notices to people.
Mayor Suarez: Courtesy notices anyhow? I'm sorry, Doctor. I guess it is
Interesting that they haven't shown up that they sent this letter.
Mr. Tardiff: They haven't come to complain. I don't know who went to...
Mayor Suarez: That's hard for us to tell, really, how many people are
represented by that. I have to admit that by looking at it, unless somebody
here knows.
Mr. Tardiff: ... L'Hermitage, however, didn't send anybody in person to
object and I - you can only take my word for it that Mr. Bernstein personally
called so and told me he had no objection. I did agree with his to coat the
outside of my dock with duplicate wood. Actually, the extension to 35 toot of
my dock makes my dock parallel to their dock. Their dock out is...
Mayor Suarez: I remember that visual testimony and...
Mr. Tardiff: Teo, their dock is actually out 35 feet from their sea wall, but
their sea wall is recessed 3 feet back further than mine. So they're out 36
feet, excuse me, and their seal wall's recessed three feet, so 39 Minus three
Is 35. This Makes us equal and parallel. I asked the zoning board to approve
an extension to 35...
102 Septs"tr 37, 1t
4
■
r
Mayor Suares: And why was theirs granted? Sergio, what was the history of
L'Mersitage's Nina able to go out thirty-five?
Mr. Tardiff: L'Mermitage put their pilings out to 35 fast and got an after -
the -feet permit and I have their permit application here tonight to show you
It you'd like to...
Mayor Suarez: Mow, let me lust ask our planning director if he remembers why
that was done. I know it's been stated on the record before but I've
forgotten it.
Mr. Tordiff: Well, they actually •tat@...
Mayor Suares: Wait, wait, wait, Doctor, you're not the planning director yet.
Mr. Rodrigues: I have been told by Mr. Olswdillo that this was a planned unit
development and it was as part of that process that it was granted. but
that - as far as this issue is concerned with you today is immaterial because
they haws to follow the findings and you have to make in section 3103.1 as to
variances and that ban to be exactly the test that you have to apply to this
case.
Mayor Suarez: What is the test that we apply to this case if you could
paraphrase it?
Mr. Rodrigues: There are six conditions that have to not, each one of them.
The first one is that the special conditions and circumstances exist which are
peculiar to the land, structural building and both. Number two, that the
special conditions do not result from the actions of the petitioner. Number
three, that if you were to have a literal interpretation of the ordinance,
this will deprive the owner from the use of the land, appropriate use of the
land. Number four, that the variance will not confer on the petitioner any
special privilege. Number six...
Mayor Suarez: I guess the land, in this case, is the underwater.
Mr. Rodriguez: The land is the land. The underwater is the underwater.
Mayor Suarez: Well, there's land under water.
Mr. Rodriguez: There's land under water, but I think the case, in this
particular situation what he's asking for a variance is for the pier to extend
25 feet from - beyond the 25 feet of the land area. And there are two more.
Mayor Suarez: No, I meant that you had to somehow show relationship to the
use of the land, meaning the area in question. Maybe it doesn't take into
account the underwater surface.
Mr. Rodrigues: They also - the next item is that the variance, if granted, is
a minimum variance that will possible the reasonable use of the land, building
or structure. And the last one is that the variance will be in harmony with
the general intent and purpose of the toning ordinance. That is on section
3103.1.
Mr. llustiaer: And out of the six, how many are applicable to him?
Mr. Rodrigues: In our opinion, he doesn't swat the - he has to mast all six.
And in our opinion, he's not mating any of them.
Mr. Plummer: He doesn't meet any of them?
Mr. Rodrigues: In our opinion.
Mayor Suarez: 0K. Doctor, us interrupted you, you were completing your
presentation.
Mr. Tardiff: Tea. The toning board, I believe, felt that we not the criteria
for all six.
Mayor Suarez: I believe so because think they voted for you five to two, if
I...
163 Npts"ar a I 1 0
Mr. Tordiffs We have were this evening two certified captsins who are
experts. They are certified as captains and they are experts in the
requirements of the safe docket* slid moorage situation. I would like to
introduce June Marie Tevardsik, it's hard to pronounce her lost name, and Ira
Livingston and they would like to give you a brief presentation and describe
some pictures to you as to the absurd hazard that I'm being forced to operate
under using a 25 toot dock.
Mayor Suarezt OAK, I'd like to be able to finish this item certainly before
V:00, so keep it as short •m possible.
No. June Marie Tavordsik: As short as possible, sir, I'm very tired myself.
Mayor Suarez: because I'm not one hundred percent sure that there's any
relevancy.
No. T•vardsik: My none is... Honorable Mayor, Commissioners, my name is June
Marie Tevardsik. I'm right here at Dinner Key - oops. I'm licensed with the
Coast Guards. I carry on ocean operstors license. I have over 20,000 logged
and right now I'd like to go to sloop. What I'd like to speak about - I don't
know anything about politics or zoning or anything like that. I do know about
Safe boat handling. I've been over to Dr. Tardiff Is property a couple of
times because he's very enthusiastic in the boat community. (tight now where
his forward pylons are, they're about forward of the mast, which is his beam,
his middle of his ship, about a foot and a half. Which means, consequently in
layman's language, his forward lines should be forward of his boat for the
right protection, but they're not, they're midship. So, consequently, since
we have 75 to about 80 percent easterly weather, he's going to gat banged up
and he's going to run into extensive costs. Once again, as a layman, I don't
understand what the big deal is about 3 pylons but I'm not going to get into
the political thing. There's some photographs bore and there's only one that
really shows the true picture. So, in that respect, I think this is a
hardship for the boat and one any may, well, why such a big boat? Thirty-
five, feet is not a big boat, just walk around, 35 to 40 is an average -
■ine's forty-five, and I don't consider that a big boat. Sixty to seventy
feet is a big boat in my book, but, you know, whatever you want to do. I just
wanted to come up here and ask* a little presentation. I'm trying to keep it
short.
Mr. Ira Livingston: My name is Ira Livingston, 1021 N.V. 180th Terrace,
Miami, Florida. I hold Coast Guard captain's license number 239646 and I also
was at Crystal View Court and viewed Dr. Tardiff'• docks. Due to the open
water in easterly type conditions in rough weather, the 25 foot docks are
definitely inadequate and create a hardship on mooring on the vessel to the
point where...
Mayor Suarez: Does that assume a particular size of vessel, Captain?
Mr. Livingston: If the vessel was less than 25 feet, but, yes, you could moor
It there safely. but, again, 37...
Mayor Suarez: Most of these exceed 25 feet that would be expected to be
moored there?
Mr. Livingston: Dr. Tardiff'a vessels are in excess - are 37 feet, so they
are larger than 35 feet. The - you know, and the 37 foot is kind of an
average boat length for his area. The other thing is, the L'Hermitage, which
has a number of docks to the west of Dr. Tardiff'a, are out to 35 feet already
and in easterly weather if Dr. Tardiff loses the control of his boat in
getting off from his docks, there's a danger of crashing into the
L'Hermitage's piles or boats. All of the docks to the vest are out at 35
feet. All the docks in the neighborhood are out more than 35 - you know, 35
teat or acre and it seems that there's a definite hardship in Dr. Tardiff's
case with the rest of his neighbors having this extension to 35 feet. it
seams that that's been the rule that, you know, at least let him got out to
the same length for a safe docks#*. Thank you.
Mayor Suarez: Does the complete your presentation?
Mr. Tardiff: I have a very revealing picture that I need to show you.
Mayor Suarez: ?lease, 8o ahead.
184 September 27, low
Mr. Tardiff: Pardon ma.
Mayor $merest Go ahead, show it to us.
Mr. Tordifft The picture shave L'Nermitage's docks. They have two sets of
pilings, their inner pilings are 25 feet. Their outer pilings are up to 3g
feet, 4 inches. I'd like to approach you to show you the picture. This is my
property over here....
Mayor Suarez: There's a little mike that you can take, that way we can
transcribe what you're saying right off the podium there.
Mr. Tardiff: This is an serial picture of my property. At L'Hermitage, these
pilings which I'll point to right here are at 25 fast. We have there orig...
Mayor $uarazt This is getting s little repetitive, do you want to show us
visually what you've told us verbally already and we're kind of familiar with
It.
Mr. Tardiff: If you look at this pow r boat called Grinding Halt, in this
photograph you can see that the piling it is next to is 36 feet, 4 inches.
Imagine if that boat had to be tied up at its inner piling. It would be tied
up at 50 percent of the length of the boat. Look at the picture up here, it
would be tied up actually on some of them past 50 percent towards the stern of
their boat. I an being forced to tie my stern 18 inches from the sea wall so
that I'm just at 50 percent. I have 17 fset of my boat that is in front of
the piling. My boats only standard site, it's 37 feet. It's not a big boat
for the area.
Mayor Suarez: Are you saying that there's nothing devised by human beings, by
men or women that can secure your boats properly if you're not allowed this
length of piling, or dock, or whatever?
Mr. Tardiff: I'■ sure somebody could construct an elaborate contraption but
just let's say the City of Miami, at the docks right behind you, right outside
that wall, have a rule and that is, you cannot tie a boat up more than 10
percent of its length past a 35 foot. Example, if the dock is 35 foot...
Mayor Suarez: Well, I'm sorry, what rules he talking about?
Mr. Plum r: Dinner Key Marina.
Mr. Tardiff: There is a rule, we have someone from the moorage outside, that
If you have, for example, a 35 foot slip, you take 10 percent of it...
Mayor Suarez: but that rule is Dot being applied to him, is it?
Mr. Tardiff: ... 3.5 feet and that's 38.5 feet, you cannot tie a 39 foot boat
at that dock.
Mayor Suarez: but it would not be illegal for him to tie his...
Mr. Plummer: That's because they're trying to sell you a bigger slip.
Mayor Suarez: Right, that's....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RZCORDS.
Mayor Suarez: Ma'am, you can't speak from there. Are you on the same side of
this issue so we know...
Mr. Tardiff: Yes, she is.
Ms. Mary Guinness: You, I'm on his side. I's a friend of Dr. Tardiff's.
Mayor Suarez: Can you give us your same and tell us what the relotiosabip is,
are you an expert, are you an interested citizen, are you a friend of Dr.
Tordiff's, what's the...
No. Guinnssst My name is Mary Guinness and I do live behind. I's a $Mast Of
Dinner Key Marine with my captain, of course. We have a 36 foot b"t •
165 8117tooftP 2110
6
actually with the bow sprit, it's 42. We are presently in your saw mariss in
pier I is a 33 feet slip with a S0 feat piling behind us. We're very class in
there. I'va bees is the besting community M re for !I years.
Mayor Suaros: Is that good? - or sad?
Me. Ouissess: Tea.
Mayor Suares: That's good.
No. Ouisaess: Vell, it's OK, but we're close to the sea wall. Vs still have
a lack of space but when the sow docks are being built...
Mayor Suaros: Is that bad?
as. Ouinsass: Pardon?
Mayor Suaros: That you're close...
Me. Guiasess: It is bad, yos, it is bad. It's inconvenient, that's my
problem. Vhen the 40 foot slips are finished, we are sowing into a 40 foot
slip and we have so probles in that. But what I aea in Dr. Tardiff'a
situation is that it is unfair that he cannot have a standard slip sits
parallel to the people at L'Hersitage. I have seen this sarine, I have been
over on his property and I think that the zoning is the sass situation that he
should be allowed. And this is a personal opinion and as a boater.
Mayor Suarez: Tou're paying for the use of the marina. obviously.
He. Guinness: My nose's Mary, everybody knows se.
Mayor Suarez: No. you're paying for the use of the marina, obviously, for
your boat to be storod there, right, or to be anchored?
Ms. Guinness: I'm sorry, I don't understand you.
Mayor Suarez: You're paying for the use of that marina?
Ma. Guinness: Yes, yes.
Mayor Suarez: OK, that is a sajor difference. I mean, he wants to build a...
Ms. Guinness: Vell, he...
Mayor Suarez: ... dock extending out from his property. He's not paying
anybody, it's not a sarina.
No. Guinness: I know, but he's paying all the taxes and everything else. He
has personal property there.
Mayor Suarez: And that's why he has certain rights but he rants to go beyond
those.
Ms. Guinness: If I had a house like that, I'd want to do the same thing.
Mayor Suarez: If I had a house like that I probably wouldn't be sitting here.
Doctor, it's a beautiful basis, I have to tell you, live gone by there, driven
by. I've shorn it to my wife and kids, it's a beautiful house, I'll have to
admit.
No. Guinness: I would be - if I had a house, I would do that. But I do have
a house, I have another house. It is, it is a beautiful house.
Mayor Suarez: Since this dispute began, you know, we go by there so often
Just to show it to people. It's a spectacular boom.
Ms. Guisneas: But we era civilised people here in the marine Qerswsity and...
Mayor Suarez: Soave of us.
Ms. Guinness: ... well, most of us. And I think safety is a vary 1Mpast4Wt
Issue.
166 IT •
.v
s
Mayor Suarez: OR, we pot that point. Anything else, ma'am?
Me. Ouisness: And that's it.
Mayor Suarest Thank you.
No. Ouissese: Thank you.
Mayor Suarest Anything else from anybody? Quick, Sob.
Mr. Sob litssiamons: Tea, just briefly. Going back to the standard - you do
have a standard that has to be applied. There are six principles that have to
be applied to this. He has to meet all six. The law requires that - of
course, you give a lot of deference to the City based on the expertise of
their planning department. The planning department and all the staff
recommends against it because it doesn't meet any of them. There are no
special conditions. This is a single family dwellings, this is not
L'Mermitage. If you look at his picture, it looks like his docks are bigger
than the high cluster housing next to it. So there are no special conditions
or circumstances peculiar to the land. He bought it, be knew ghat it was,
there's so reason why he can't live to code. It's a question whether special
conditions and circumstances are a result of his actions, he's trying to put
more than one boat there. Ve're sot talking about just one boat, we're
talking about having a series of boats there. I'■ not a marine expert by any
means. I don't know why - how long it has to be to fit the dock but the zoning
code, obviously, reflected the expertise of the City and they felt 25 feet was
sufficient in a single family dwelling.
Mayor Suarez: Tou know, I have a problem voting for the application because
of the criteria that the law imposes but I have to ask you, what great
difference would it make to anybody if we allowed this? I mean...
(Applause)
Mayor Suarez: No, no, I's sorry, I think I'm bound by the criteria he has set
so I don't know that I vote with it, but I'm just wondering.
Mr. McMaster: Well - Jim McMaster - I'd just like to say that, you know, you
have to fulfill the requirements to get a variance and if we just overlook
those requirements and - right.
Mayor Suarez: OK, so you're back to not general public policy but what the
law says.
Mr. McMaster: Right. And I'd also like to state that, this is from the
toning fact sheet for his class C application, and the planning department
States, quote, and they're talking about putting in the riprap to get longer
docks, 'If this logic were to be applied throughout Biscayne Say and its
canals, the placement of riprap would be the basis for extending piers into
the bay everywhere", quote, "... to preserve a natural feature." go, thank
you.
Mayor Suarez: I would have to say that that's an important point, you. OK.
NO. Sylvia Goldstein: Good evening, sq name is Sylvia Goldstein. I live at
3S60 Crystal view Court. I'd like to say the law is 25 feet. Dr. Tardiff had
his property before the boat. If the property did not suit this boat he
should not have bought it. Thank you.
Mayor Suarez: OK, ma'am, thank you for your statement.
Mrs. Kennedy: One quick question from Sergio, I want to hear it from you. Is
there a hardship which justifies the granting of this variance?
Mr. Rodrigues: Not in our opinion.
Mayor Suarez: Maas.
Mr. Rodriguez: I think it's a self-imposed hardship.
Mayor Suarez: Last con...
1.7 SmPUMbo s 2 1 ;
Ms. Lies t My acne is Lisa I own property on 182E So.
Sayshere Lane. I used to own Dr. Tardiff's property. I believe, you know, we
were fi... I don't know where the Coconut Grove Civic Association was when we
were fighting Grove Iele which were permitted to put on ISO fast
We were right there. The L'Mersitags, we fought the L'Heruitage. Than they
►ribed all the neighbors, they gave then five feat of property in order to
approve this variance. I think if you give variance to Grove leis, you give
variance to the L'Hermitage, there's another property built now beside it
which got the variance also, and they're going to be requesting a variance to
the nest property over there which is vacant right Dow, I believe that Dr.
Tardiff is entitled to his variance also. Thank you.
Mayor Suarest Thank you, ma'am, for your statement. OK, Commissioners, last
statement.
No. Laura Howellt Teo, I just want to, if I may. My Dame is Laura Howell,
2461 Trapp Avenue. I'■ not here as a consultant but I'n here because Dr.
Tardiff asked me if I would just come and respond to a couple of things if
they ease up. I just wanted to address real quick the issue of L'Hermitage
versus Dr. Tardiff 'a property. Under ordinance 6671, it was approved as a
planned area development which is an overlay over the underlying toning, so
the underlaying zoning of R-1 stayed the same. Under this ordinance, 9500,
It's sound RS-2. It is not a planned development on the zoning naps. The
approval for the docks were granted under R-1. They came back later after the
pad was approved and asked for the docks. And the planning department
recommended approval because they said it would not have an adverse affect on
the surrounding properties and it would enable - excuse me - enabled the
L'Hermitage to have better access to the bay. And there was no neighbor to
the east which would - no there was no real impact on any adjoining neighbor.
So that's the way it was approved.
Mayor Suarez: Did we have a different planning director at the time?
Ms. Howell: We had a different planning director, we had difference planners,
yes, but planning principles are the same.
Mayor Suarezt You're right.
Ms. Howell: They didn't change.
Mayor Suarez: Sometimes we disagree with the say they're applied. OK,
anything else? Commissioners? Yes, sir, quickly.
Mr. Plummer: Let me just ask one question if I may. As the proposal is
today, are you talking about put a walking dock out 35 feet or the walking
dock 25 with the poles out to thirty-five?
Mr. Tardiff: Poles out to 35 and there is a one foot wide top half which you
could have seen in the pictures. I can ahoy you again, it's one foot wide and
It goes out and it connects to the 35 foot and it ties it together
structurally so it's strong and it'a solid, because at my property I'm exposed
directly from the bay. There is no breakwater in front of me. In a storm I
jet a 3 to 4 foot sea. With the existing dock I've had to leave my home, go
out in the middle of the might, start the engine of the boat up, turn my
outdrive to point the bow of the boat into the direction of the wind. This is
the hardship I was trying to explain to Mr. Sergio Rodriguez, I have to tie my
boat with 50 percent of my boat past the and of the dock. Do you realize
that, L'Hermitage, if they were restricted to 25 feet...
Mayor Suarez: You gave us that description. Unless Commissioner wants to ask
you any more questions, I think that pretty such ends the presentation. Is
your question answered?
Mr. Pluesar: Mr. City Attorney.
Mr. Jorge Fernandez: Tea, sir.
Mr. Pluareert In your opinion, if a lawsuit was tiled predicated on the
adjacent property owner out to the 35 feet, what would be your chaaces to
defending this in court if they war* asking for the taste?
lge 40pten4or 27, j.
Mr. persesdest If there is a proper finding of fact by this Commission that
the situation of the Doctor justifies the granting of the vsriance, it would
be a very good chance of defending the City.
Mr. plusmer: If they reeos'esed against the Doctor.
Mayor Suarest Teo, bo's saying that if there was a what seems to be an
inconsistency with what was granted for L`Nsrmitase, not otherwise.
Mr. pernandest Wall, what you have here is the planning department is
recessiending a denial. The Boning board is, in fact, voting in favor of it
and....
Mr. plummer: And the neighbor isasediately to the West, what I would call
vast, is already out there to the thirty-five.
Mr. forsandezt To 35. That's why if you make the proper findings of fact, it
would be very defensible.
Mr. Olmadillot Commissioner plumer, it I may add, a PUD in the old ordinance
was not construed as a different zoning district but under 9500, it is a
different zoning district.
Mr. Plummer? I board her argument.
Mayor Suarez: Too.
Mr. Plummer: Look, you know, here's my problem and I'm going to be taking
advantage of ticking off everybody. Tou know, this law of 25 feet was
probably put back in in 1949 when all the rest of the zoning gent in and at
that time, 25 feet was a reasonable distance to extend. Everybody has got
something bigger and better today and I just don't imagine that 25 feet is a
reasonable amount of footage to be putting in some kind of a boat. Now,
excuse me, whoa, whoa, whoa, whoa, I'm still bound by what the Mayor had to
say that there has not been a demonstration of the hardship, OK? I think what
we need to do and I recommend to this Commission is that the Doctor put in his
walk way kind of dock out to the 25 fast and this Commission instruct the
planning department to look at and recommend back to this Commission that
uniformly, Citywide, a possible furthering out of 25 feet to 35 or 32 or
whatever. because, to se, 25 feet today is not reasonable.
Mayor Suarez: The piers.
Mr. Plummer: Now, you know, that's all I can say.
Mayor Suarez: Anything else from the Commission? Sir, did you want to make a
statement? -behind Dr. Tardiff.
Mr. Barry Gold: My name is Barry Gold, I'■ an officer of Goldcoast Capital
Corp. and we have supported Dr. Tardiff in his efforts to have the Olympic
tease here in the past and I just wanted to support his effort to have a dock
that would be reasonable based on all of his neighbors of 35 feet.
Mayor Suarez: OK, just so you know. Doctor, that we've built what we thought
was an Olympic training facility very close to there at a cost of I don't know
how many hundreds and thousands of dollars and taken off part of the park
which some Comsissionere object to and I think we've done as such to further
Olympic sailing as anybody aside from this issue.
Mr. Tardiff: Barbara Keller, Honorable Mayor, would like to address you. She
is one of my direct neighbors.
Mayor Suarez: Last statement and we've got to vote on this and go hams.
Ms. Barbara Keller: I know you all are in a hurry so I'll Mk* it very brief.
Barbara Keller, 3525 Crystal View Court. As an individual homeowner of amy
years long before Dr. Tardiff came on our street, - I almost bought that house
myself so I've watched it for a long tine - and I just want to say I'm in
favor of what he wants. Secondly, I'm representing the Yomsns' Club of
Coconut Grove which all of this was brought before the general •embership and
they voted to back his a hundred percent. It was unsnimous because most tboy
the Grove - the Vamens' Club is older than the City of Miami actually and
169
Mir 27, low-,
•
they've been ►aekiag people for years that own waterfront property. Thank
You.
Mayor Sueres: Thank you, ma'am. OK, anything further, Commissionere? I'll
estertsia a motion on this item...
Mr. Tordifft Can I make a last statement before I close?
Mayor Suares: Doctor, I don't know if it's going to help you at this point.
Mr. Tardiff: I'll be vary brief.
Mayor Suares: It's beyond 9:00 o'clock and I can't imagine just one thing
that we have sot said about this matter over the span of the various - to
ahead, quickly.
Mr. Tardiff: My only last thought is, there seems to be an imposes on the
►ardship issue. Tau have had two captains tonight, on January 28th you had
Captain White with incredible credentials; I Wean, incredible credentials as
captain. Zvoryone is testified, on an official capacity, that that dock, at
25 feet is a severe hardship. If L'Merma...
Mayor Suares: Wall, I know, but that's a whole different kind of thing. What
we're saying is, a hardship to you given the kind of property you bought and
the expectations you had for it. Not that you might not conceivably create a
hardship for the rest of the world, including yourself if you put the wrong
kind of boat there. That's a whole different thing.
Mr. Tardiff: I only bought a boat the same length as everybody else in the
area, 37 fast's an average length...
Mayor Suarez: but, I mean, that's not the kind of hardship we're talking
about.
Mr. Tardiff: ... and in fact of matter, my neighbor, L'Mermitage would not
tie their boats up if they were restricted to 25 feet.
Mayor Suarez: We know that. We know that. We know that. We know that. OK,
Commissioners. Anyone's going to move one way or the other or is it going to
die for lack of interest?
Mr. De Turret I'll make a action.
Mayor Suarez: Tea, please.
Mr. De Turret based on the legal ramifications that have been expressed by
the City Attorney, I move to deny this motion.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call...
Mr. Dawkine: Rader discussion.
Mayor Suarez. Tea, Casmissioner Dawkins.
Mr. Dawkins: I'll be voting with the motion and not that I feel that any - I
wouldn't care whether it's a 25, 35, or 40 foot boat, but if, quote, unquote,
anybody else who could not afford to cone here and bring their friends had
built a dock, we would make them take it down. We would not sit here and have
argued about this four, five or six times. The first time those people had
case here and we had said it had to moved, it would have had to cans down, so
that's why I'll be voting against the notion.
Mr. Tardiff: It did case down.
Mr. Rodrigues: Mr. Mayor.
Mayor Suares: Sergio, wait, wait.
140 iopte A mr :it
or. Molrigues: Mr. Mayer, too set clear on whether the motion by Commissioner
Do Terre was a desial so the reou*@t from Dr. Tardiff or a deny on the appeal
which is before you.
Mayor Duares: OK, the appeal - Commissioner be Turre. The appeal is sad* by
the s*ighbors so if you move to deny the appeal, you're moving to grant with
Dr. Tardiff.
Mr. Fernandes: Well, an easier way way to view it...
Mrs. Kennedy: My @*toad...
Mayor =uarss: Wait, wait h*'@ done it already.
Mr. De Turre: Mold it. I'll uphold the appeal then.
Mayor Duero:: Move to uphold the appeal, is that what your second was, sa....
Mr. Fernandes: no, let me...
Mrs. Kennedy: That's exactly what I intended, yes.
Mayor Suares: OK.
Mr. Fernandes: Actually, lst•s put it this way so that it will be clear for
everyone and for the record. You have a decision to sake whether to go along
with the decision of the zoning board in granting a variance or whether to
deny the decision of the zoning board - right.
Mayor Suarez: OK, I think the Commission fully understands that the appeal is
by the neighbors and that if we vote with the appeal, we're denying the
variance. OK, we have a motion and a second, any further discussion? Call
the roll.
The following resolution was introduced by Commissioner Ds Turre, who
moved its adoption:
RESOLUTION NO. 88-866
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENTING THE APPLICATION FOR VARIANCE FROM
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 20, SECTION 2024,
SUS SECTIONS 2024.1.3 AND 2024.10, TO ALLOW AN
RXTENSION OF THE EXISTING DOCK AND CATWALKS 10' FOR
TOTAL OF 35' (25' MAXIMUM HEIGHT ALLOWED), FOR THE
PROPERTY LOCATED AT 3590 CRYSTAL VIEW COURT, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER
PLANS ON FILE, AND SUBJECT TO REVIEW BY STAR IN ONE
TEAR AND REPORT BACK TO THE ZONING BOARD; ZONED RG-2/2
ONE FAMILY DETACHED RESIDENTIAL. THIS APPLICATION FOR
VARIANCE HAS A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
(here follows body of resolution, caitted here and on
file in the Office of the City Clark.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
sad adopted by the following vote:
ATES: Commissioner Victor be Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kannedy
Mayor Xavier L. Suarez
MOTS: None.
ABSENT: Non*.
Mr. Plummer: Mr. Mayor, at this...
;;k
191 or 21:
1
a
Mayer Smerest to them anything emergency nature that we should do before
we...
Mrs. Kennedy$ lmsrgesey...
Mr. Plumsert Me, is the am* vein. Mr. Mayor, I would at this time ask and
instruct the city planning department to look into the dockage requirements
and the footage at this time...
Mayor $merest And males a recemmendstion for a Citywide application.
Mr. Plummer: ... and cos» back to this Commission with its recommendations as
quickly as possible. I would to move.
Mayor Suarez: to moved.
Mr. Dawkins: Second.
Mayor Suarest Call the roll.
The following notion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 66-867
A MOTION INSTRUCTING THE CITT PLANNING DEPARTWXNT TO
STUDY THE CITYWIDE REQUIREMENTS IN CONNECTION WITH
LENGTH OF DOCKS; AND TO COME SACK BEFORE THE
COlMISSION WITH THEIR RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the notion was passed and
adopted by the following voter
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vic* Mayor Rosario Kennedy
Mayor Xavier L. Suarez
was: None.
ASSENT: None.
NOTE FOR THE RECORD: At this point, the City Commission
temporarily defers consideration of planning and zoning agenda to
resume consideration of items on the regular agenda.
45. -ACT FOR SETTER CHILD CARE (ABC)" SILLt Urge immediate adoption of
Federal legislation strengthening state's authority in
licensing/regulation of individuals providing child care services.
Mrs. Kennedy: Two emergencies. First I'd like to show all this Commission's
support for the ANC Child Care Sill in Washington. I have three letters that
I'd like to introduce in the record tram Congressman Dante Fascall, Claads
Pepper and...
Mayor Wares: I'll entertain a motion on that.
Mrs. Ksnsedy: so moved.
Mr. Plumeert What are we doing?
Mayor Suarest supporting a congressional bill t"t...
Mrs. Kennedy$ spewing our support on bill.
102
� xw
Mr. Plismer: Oh, yes, yes.
Mayor $mares: ... call the roll.
Mre. Kensedy: Otherwise...
the following resolution was introduced by Cowulaaioner Kennedy, who
moved its adoption:
RESOLUTION NO. $9-968
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING THE IMMEDIATE ADOPTION OF FEDERAL LEGISLATION,
KNOWN GENERALLY AS THE ACT FOR BITTER CHILD CARE (ABC)
BILL, YHICM PILL NOT ONLY STRENGTHEN STATE AUTHORITY
IN TIM LICENSING AND REGULATION OF THOSE PERSONS
PROVIDING CHILD CARE SERVICES BUT ALSO AUTHORIZE LOCAL
OOVERNMENTS INCLUDING CITIES TO PARTICIPATE IN STATE
/FEDERAL PROGRAMS AND FUNCTION AS RESOURCE AND/OR
REFERRAL AGENCIES IN THE DELIVERY OF SUCH CARE,
RECEIVING FUNDS IN SUCH CAPACITY IN ORDER TO ENSUE
THAT ADEQUATE SATISFACTORY CHILD CARE SERVICES CAN BE
PROVIDED TO ALL FAMILIES IN NEED OF SUCH SERVICES
BECAUSE OF LOW FAMILY INCOME; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED OFFICIALS.
(Mere follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
ATES: Cosnissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46. BATFRONT PARK TRUST: Direct City Manager to allocate one -twelfth funding
of FY '87/68 budget for said Trust during October, until preparation of
FT '89 budget is completed.
Mrs. Kennedy: The second real emergency In the Bayfront Park budget which is
up today I understand. Now, Cossaissioner Plummer has stated that he hasn't
had time to study it, so I need this Commission's approval just to operate for
one month under the last year's budget and then...
Mayor Suarez: That would go until the end of the nest month coming up,
October 1 to October 30th?
Mrs. Kennedy: Right. And then we'll schedule it for the nest Commission
Meeting and so moved.
Mayor Suarez: So moved.
Mr. Plummer: There's a major decision in there, Mr. Mayor. I...
Mayor Suarez: OK, which is that, that's a good point?
Mr. Plummer:
The
maintenance. They're proposing to take
over the naisttssnde
and the City
is
doing the maintenance and I don't think
that there's •soWgh
money between
the
two. It is already allocated and...
Its
Mayor Suarezt well, wait, we don't have to change the status quo on that for
the *sat 30 days. Why don't we have the City ton...
Mr. Plsaowars Sweept for the nosey for the maintenance at the present time is
Is our budget, net in theirs.
Mayor Suoresr And that by approving this, we're changing it to their ►udfstt
Mr. Plu mere That's what they're asking.
Mayor luorers Why can't we take that up 30 days from nowt
Mr. Plumserr OR, that's fine with me.
Mayor luaress So we're going to continue functioning the way we are for the
sent 30 days, fight?
Mrs. Keasody: Right. Correct.
Mr. Plummers One -twelfth of this budget.
Mayor Suarass Right.
Mr. Dawkins: Anything else!
Mayor Suarez: Call the roll.
Ms. Hirai: Did you second, Mr. Plummer!
Mr. Plummer: Yes.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-l69
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE ONE -TWELFTH FUNDING OF FISCAL TEAR 1907-88
BUDGET FOR THE BATFRONT PARK TRUST DURING THE MONTH OF
OCTOBER IN ORDER TO ALLOW THE TRUST TO OPERATE UNTIL
IT COMPLETES PREPARATION OF THIS TEAR'S BUDGET.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
ATES: Cowsissiover Victor De Turre
Cems issiover Miller J. Dawkins
Commissioner J. L. Plumwsr, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
MOSS: None.
ABSENT: Move.
Mayor Wares: Tou've been very eloquent tedsy,, Mr. Chstraw of tie layfavat
Park Trust, plus you did mob better thas the ether aut1writies, I have to
tell you.
Mr. Dawkins: That's it, Mr. Mayort
,'",,sStwuii6
47. Costinre all scheduled agenda items set taken up on this date to the
meeting presently aehoduled for October 27. It$$.
Mr. wrgie Redrigues: Mr. Mayor, Mr. Mayor. Tau will hove a motion to
continue the items which are left *war...
Mr. Plrsmer: to wove.
Mayer Overeat Move to cautious the items we didn't pot to.
Mr. Rodrigues ... October 27.
Mayor Nuaros: Call the roll.
The following motion was introduced by Cosmissioner Plumnor, who moved
its adoptien:
MOTION NO. 69-870
A MOTION CONTINUING ALL AGENDA ITEMS NOT TAKEN UP ON
THIS DATE TO Tla KUTING PRESENTLY SCHEDULED FOR
OCTOSER 27, 1968.
Upon being seconded by Commissioner Kennedy, the action was passed and
adopted by the following vote:
ATES: Commissioner Victor Do Turro
Commissioner Miller J. Dawkins
Commissioner J. L. fl�umsor. Jr.
Ties Mayor Rosario Reanedy
Mayor Xavier L. Suarez
MOSS: None.
ASSENT: Mon*.
=xx sz=G so loltT ax xospass !O ma RQola us caw,
COMMISSION. !la =TIM WAS ADJODrfaD AT •tOG P.M.
Xavier L. wares
MAT0R
Natty Rival
CM CLM
Walter J. Visenn
M1112AM'! CM CLM
4
MAN
r imx
SEPTEMBER 27, 1988
'NK 1 OF
1 im"w"kLamlo
OCTOBER:
0 TAKE PLACE
88-836
AUTHORITY:
,000 FROM
YMENT OF AD
EIVED FROM
88-835
ARRIS AARON
AND GLENDORA
BALL GAME:
IDA A&M
E BOW i
REDUCE
CONSTRUCTION
MENT PHASE
88-836
88-837
86-838
ESENVATION
EMENT WITH
E, DIVISION
88-839
GRAM: ACCEPT
CONTRACT
. OF HOUSING
MODERATE
GRAM.
88-840
EMENT WITH
OF
UTHORIZE
SAID
THROUGH
8i+►d+A 1
FOR HO'VttltEt t
-'
E lLACt OMrl
F
OR ITT 10A.RDt
Vs ON SAID
MIPD=L"
OMoAAFRADL
�
OLVO�
AND Milt
I ,t
DOCUMENT INDEX
2
aAW. op._
MIAMI MENTAL HEALTH CENTER FUND
RASING CONCERT: GRANT $9,630. TO
EX-PRESOS Y COMBATIENTES POLITICOS
CUBANOS TO COVER RENTAL AND SUPPORT
SERVICES FOR USE OF THE MIAMI
CONVENTION CENTER. 88-844
CHANGE OF MEETING DATES FOR DECEMBER:
BOTH MEETINGS TO TAKE PLACE ON DECEMBER
15. 1988. 1 88-846
FOURTH ANNUAL OKTOBERFEST: GRANT
REQUEST RECEIVED FROM FRIENDS OF
GERMANY FOR SALE OF BEER AND WINE. 88-847
HISPANIC HERITAGE FESTIVAL: ESTABLISH
AREA PROHIBITED TO RETAIL PEDDLERS
DURING EVENT TO BE HELD OCTOBER 9,
1988. 88-848
5-K RUN/WALK "FOR THE HEALTH OF IT"
APPROVE USE OF STREETS AND THOROUGH
FARES IN COCONUT GROVE. 88-849
1111 BRICKELL AVENUE DRI: APPROVE
PRELIMINARY DEVELOPMENT AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IIII BRICKELL
ASSOCIATES LIMITED AND THE CITY
OF MIAMI CONCERNING SAID DRI. 88,-853
APPROVE MODIFICATION OF EXISTING
RESTRICTIVE COVENANTS REGARDING
PROPERTY OWNED BY LEONARD A. RALBY
AND RLABY-ALLEN REAL ESTATE PARTNERSHIP
AT APPROXIMATELY 2606, 2612, 2620 AND
2630 SW 28TH STREET. 88-854
MIRACLE CENTER: AMEND MAJOR USE
SPECIAL PERMIT AT APPROXIMATELY
3301-3501 CORAL WAY. 1 88-856
DECLARE SIX SURPLUS POLICE PATROL
MOTORCYCLES AS CATEGORY "A" SURPLUS
STOCK: DONATE TO SANTO DOMINGO, SISTER
CITY IN THE DOMINICAN REPUBLIC. 1 88-857
PANCOAST, SADAO AND FULLER, AND ED
WRIGHT: AUTHORIZE 89TTLEMENT
AGREEMENT NEGOTIATED RE:EEYFROYT
PARK REDEVELOPUMNT PROJECT. i#-843
zx
-a,
I
Imt
DOCUMENT INDEX
APPROVE 1/12 OF THE SPORTS AND
EXHIBITION AUTHORITY BUDGET FOR
FY '1988/1989.
APPROVE SUPPLEMENTAL ADMINISTRATION
BUDGET OF MIAMI SPORTS AND EXHIBITION
AUTHORITY FY '87/88.
GRANT APPEAL BY OBJECTOR (COCONUT
GROVE CIVIC CLUB) AND REVERSE THE
ZONING BOARD'S APPROVAL OF VARIANCE
TO PERMIT EXTENSION OF EXISTING DOCK
AT 3590 CRYSTAL VIEW COURT (OWNER:
JEFFREY TARDIFF, M.D).
"ACT FOR BETTER CHILD CARE (ABC)
BILL: URGE IMMEDIATE ADOPTION OF
FEDERAL LEGISLATION STRENGHTENING
STATE'S AUTHORITY IN LICENSING/
REGULATION OF INDIVIDUALS PROVIDING
CHILD CARE SERVICES.
88-864
88-865
88-866
88-868
I