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HomeMy WebLinkAboutCC 1988-05-19 MinutesCITY OF MIAMI INCOKP_ f) ATE1) ,I,w � ILI COMMISSION MINUTES OF MEETING HELD ON May 19, 1988 (PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk fig • it ■; INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA MAY 19, 1988 ITEM SUBJECT LEGISLATION PAGE NO. NO. ----- ----------------- ------- l. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 1-4 CONSIDERATION OF APPEAL BY LIBERTY CITY 5/19/88 MIAMI-DADE MERCHANT ASSOCIATION REGARDING DECLINED/DELAYED LOANS (SEE LABEL 3). 2. DISCUSSION CONCERNING ACQUISITION OF DISCUSSION 4-7 CAMILLUS HOUSE PROPERTY. 5/19/88 3. (CONTINUED DISCUSSION) RESCHEDULE M 88-466 7-17 CONSIDERATION OF APPEAL BY LIBERTY CITY 5/19/88 MIAMI-DADE MERCHANT ASSOCIATION REGARDING DECLINED/DELAYED LOANS, PLUS REQUEST FOR FUNDS TO THE MODEL CITY SMALL BUSINESS ASSISTANCE PILOT PROGRAM (SEE LABEL 1). �. SWEARING -IN CEREMONY OF JORGE L. DISCUSSION 18-19 FERNANDEZ AS CITY ATTORNEY - OATH GIVEN 5/19/88 BY JUDGE RYSKAMP. 5. DISCUSSION REGARDING THE CITYWIDE DISCUSSION 19-20 BUSINESS ASSISTANCE PILOT PROGRAM. 5/19/88 6. DEFER DISCUSSION IN CONNECTION WITH DISCUSSION 20-21 SPECIFIC LANGUAGE FOR THE FEDERAL LAW 5/19/88 ENFORCEMENT BUILDING REQUEST FOR QUALIFICATIONS REGARDING MINORITY PARTICIPATION AND FINANCIAL CAPABILITY REQUIREMENTS. 7. DISCUSSION AND TEMPORARY DEFERRAL OF A DISCUSSION 22-34 PROPOSED RESOLUTION AUTHORIZING 5/19/88 NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION ($7,200,000) (SEE LABELS 26 AND 29) 8. DISCONTINUE FUNDING TO THE SOCIAL M 88-467 35-43 ACTION AGENCY FOR TRANSPORTATION OF 5/19/88 FOOD TO THE NEEDY. 9. DISCUSSION CONCERNING MONIES DUE DISCUSSION 43-61 TO THE CITY FROM UNCOLLECTED 5/19/88 TAXES. (SEE LABEL 31) 10. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 61-66 PROPOSED EMERGENCY ORDINANCE AMENDING 5/19/88 CODE CHAPTER 22 "GARBAGE AND TRASH" - PROVIDE FOR THE ISSUANCE OF A MUNICIPAL REGULATORY LICENSE TO BE REQUIRED OF ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY OF MIAMI (SEE LABEL 13). fe 0 11. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE CHAPTER 54 - PROVIDE THAT ANY PERSON OR 10438 FIRM SEEKING TO USE PUBLIC RIGHTS -OF- 5/19/88 WAY IN THE CITY FOR PLACEMENT OF PATHWAYS REGARDING OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE. 12. EMERGENCY ORDINANCE: ESTABLISH TICKET ORDINANCE SURCHARGE ON PAID ADMISSIONS FOR EVENTS 10439 HELD IN PUBLIC FACILITIES AND PARKS. 5/19/88 13. (CONTINUED DISCUSSION) EMERGENCY ORDINANCE ORDINANCE: AMEND CODE CHAPTER 22 10440 "GARBAGE AND TRASH" - PROVIDE FOR 5/19/88 ISSUANCE OF MUNICIPAL REGULATORY LICENSE TO BE REQUIRED OF ALL PERSONS OR FIRMS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY, PROVIDING FOR CERTAIN OTHER REQUIREMENTS (SEE LABEL 10). 14. CITY COMMISSION EXPRESSION OF SUPPORT M 88-468 IN CONNECTION WITH PREPARATIONS FOR THE 5/19/88 HOSTING OF A WORLD FAIR TO BE HELD IN MIAMI IN 1996. 15. APPROVE SOUTHEAST OVERTOWN/PARK WEST R 88-469 REDEVELOPMENT TRUST FUND BUDGET (FY 5/19/88 1988) - MAKE INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION. 16. GRANT REQUEST FOR DONATION OF SURPLUS M 88-470 POLICE VEHICLE, LIGHT BAR AND SIREN - 5/19/88 TO BE USED IN CONNECTION WITH THE POLICE CHARITY DEMO -DERBY AND STOCK CAR RACE. 17. FIRST READING ORDINANCE: ZONING TEXT ORDINANCE AMENDMENT - SPECIAL PUBLIC INTEREST FIRST READING DISTRICTS - SPI-7 BRICKELL MIAMI RIVER 5/19/88 RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS - PERMISSIBLE PRINCIPAL USES AND STRUCTURES, PRINCIPLE USES PERMISSIBLE AT OTHER LOCATIONS, PERMIT COMMERCIAL MARINAS, PIERS AND SIMILAR USES, ETC. 18. CONTINUE CONSIDERATION OF PROPOSED DISCUSSION FIRST READING ORDINANCE REGARDING 5119/88 ZONING TEXT AMENDMENT - TO PROVIDE DEFINITION FOR AUTOMOBILE WRECKING YARD, USES AND STRUCTURES TO ALLOW PERMITTED USES FOR AUTOMOBILES WRECKING AND DISMANTLING, ETC. 19. STREET CLOSURE - TENTATIVE PLAT NO. R 88-471 1311 - "GRAN CENTRAL SUBDIVISION" - .5/19/88 (APPLICANTS: FLORIDA EAST COAST RAILWAY CO AND GRAN CENTRAL CORPORATION). 20. GRANT APPEAL BY MR. CHARLES CONFALONE - R 88-472 ALLOW CONSTRUCTION AND OPERATION OF A 5/19/68 SELF -STORAGE FACILITY AT APPROXIMATELY 2960-2978 b 2990 SW 28TH LANE - WITH A ONE YEAR REVIEW. 66-70 70-77 77-80 81-82 83 83-84 84-85 85-87 87-88 89-92 0 0 21. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 93-100 APPEAL BY MR. ARNOLD GELLMAN - DENY 5/19/88 VARIANCE TO ALLOW TWO-STORY ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE AT APPROXIAATELY 2551 TIGERTAIL AVENUE (SEE LABEL 23). 22. CONTINUE TO JUNE 23: (A) PROPOSED FIRST DISCUSSION 100 READING ORDINANCE AMENDING MIAMI 5/19/88 COMPREHENSIVE NEIGHBORHOOD PLAN AT APPROXIMATELY 101-125 NW 60TH STREET AND 6000-6024 NW 1ST AVENUE AND, (B) PROPOSED APPEAL BY APPLICANTS (NEW HORIZON GROUP HOME NO.1) TO REVIEW CZONING BOARD'S DENIAL OF VARIANCE TO ALLOW COOMUNITY BASED RESIDENTIAL FACILITY AT APPROXIMATELY 101-125 NW 60TH STREET AND 6000-6024 NW 1ST AVENUE. 22.1 CONTINUE TO JUNE 23: (A) PROPOSED DISCUSSION 101-105 APPEAL BY APPLICANTS (STANLEY AND 5/19/88 BLANCHE LEAR, BURTON AND SYLVIA ENGELS, AND JAMES C. MCMILLAN, II) FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY AT APPROXIMATELY 522-528-534 NE 78TH STREET, AND (B) APPEAL BY APPLICANTS (STANLEY AND BLANCHE LEAR, BURTON AND SYLVIA ENGELS, AND JAMES C. MCMILLAN, II TO REVIEW ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY AT THE ABOVE CITED ADDRESS. 23. (CONTINUED DISCUSSION) GRANT APPEAL BY R 88-473 105-111 MR. ARNOLD GELLMAN - TO ALLOW TWO-STORY 5/19/88 ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE AT APPROXIMATELY 2551 TIGERTAIL AVENUE (SEE LABEL 21). 24. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 111-114 ATLAS CHANGE FROM RG-2/5 WITH SPI-3 10441 OVERLAY TO RG-2/6 RETAINING SPI-3 5/19/88 OVERLAY - AT APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET (APPLICANT: MR. JAMES G. ROBERTSON). 25. GRANT APPEAL BY MR. JAMES G. ROBERTSON R 88-474 114-115 TO PERMIT 7-STORY RESIDENTIAL APARTMENT 5/19/88 BUILDING AT APPROXIMATELY 2815 TIGERTAIL AVENUE. 26. CONTINUED DISCUSSION AND TEMPORARY R 88-475 115-125 DEFERRAL OF PROPOSED RESOLUTION 5/19/88 AUTHORIZING NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION - PROVIDE FOR PAYMENTS, ETC. (SEE LABELS 7 AND 29). 27. APPOINT RAFAEL GARCIA TOLEDO TO THE M 88-476 125-126 INTERNATIONAL TRADE BOARD. 5/19/88 28. A. RECONSIDER !LOTION ESTABLISHING A M 88-471 126-128 COMMISSION TO REPRESENT THE CITY M 88-478 COMMISSION IN PROCEEDINGS RELATED TO 5/10/88 THE CUBAN MUSEUM. B. ABANDON CONCEPT OF A COMMITTEE TO MONITOR THE CUBAN MUSEUM'S ACTIVITIES. 29. (CONTINUED DISCUSSION) AUTHORIZE R 88-479 128-130 NEGOTIATION AND EXECUTION OF LOAN 5/19/88 AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION ($7,200,000) PROVIDING FOR PAYMENTS, ETC. (SEE LABELS 7 AND 26). 30. A. AUTHORIZE IMPLEMENTATION PROCESS OF R 88-480 130-145 TRAFFIC STUDY - AUTHORIZE PUBLIC WORKS M 88-480.1 TO RESTRICT VEHICULAR TRAFFIC TO R 88-481 CERTAIN SPECIFIED STREETS, SUBJECT TO M 88-482 FINANCING BEING FOUND, BY INSTALLING 5/19/88 AND MAINTAINING TEMPORARY BARRICADES AT CERTAIN INTERSECTIONS. B. AUTHORIZE PLACEMENT OF STOP SIGNS TO BE INSTALLED ALONG S.W. 28TH STREET FROM S.W. 22ND TO S.W. 27TH AVENUES. C. UNDERTAKE TRAFFIC STUDY OF BAY HEIGHTS AND NATOMA MANOR PARK AREAS FOR POSSIBLE RELIEF OF TRAFFIC FLOW. 31. REQUEST PERMISSION FROM DADE COUNTY TO R 88-483 146 PAY THE COUNTY SUFFICIENT MONIES TO 5/19/88 FUND A PROGRAM TO ASSIGN FULL-TIME COUNTY EMPLOYEES IN THE COLLECTION OF MIAMI AD VALOREM TAXES - APPLICATION TO BE APPROVED BY CITY COMMISSION PRIOR TO ITS SUBMITTAL TO DADE COUNTY. (SEE LABEL 9) 32. EXTEND EXISTING CONTRACT WITH R 88-484 147 TOXICOLOGY TESTING SERVICES, INC. FOR 5/19/88 LABORATORY SERVICES (DRUG TESTING) TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR 60 DAYS. 33. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP M 88-485 148 ON THIS DATE TO THE PLANNING AND ZONING 5/19/88 MEETING OF JUNE 23, 1988. oil MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 19th day of May, 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 3:35 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, Acting City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk I. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF APPEAL BY LIBERTY CITY MIAMI-DADE MERCHANT ASSOCIATION REGARDING DECLINED/DELAYED LOANS (SEE LABEL 3). ------------------------------------------------------------------------------ Mayor Suarez: Item S-1, Supplemental 1. What is the status, Mr. Manager, who are we going to hear from? Anyone in particular, Commissioner, that you want to hear from? Mr. Dawkins: The Manager and that's it. Mayor Suarez: Mr. Manager, what is the status of the Merchant Association's Emergency Loan Program? Mr. Odio: Yes, sir. Mr. Plummer: And how does one and two... they've got to be related. Mr. Castaneda: They are not related. Mr. Dawkins: No, they are not related. They are not related. Mayor Suarez: I do remember, we left hanging that City-wide program, we never acted on it, the rest of the monies and... Mr. Castaneda: Basically, the loan committee has allocated all the money, they have taken action to rescind $70,000 of that, so their $70,000 is still for discussion by the Model City Loan Committee, and Miranda is here to answer any questions, J.L., that you might want. Miranda Alberry. Mr. Plummer: What are you saying, all of the money has now been allocated, and there is no more money available for any future... Mr. Castaneda: For the Model City Mr. Plummer: At this particular time. Ms. Miranda Alberry: Yes, Commissioner. Mayor Suarez: So what else is there to hear from the Department? Mr. Dawkins: Nothing. 1 May 19, 1988 Mayor Suarez: That's it. Mayor Suarez: ON. Mr. Prentice Rasheed: Mr. Mayor. Mr. Castaneda: Commissioner, just for your information, there was an article in the Wall Street Journal on this subject. I don't know if you have seen it, but I have copies if you want to see it. Mayor Suarez: I'd like to see it. You are very eloquent today, Miss Alberry. Ms. Alberry: Thank you. Mr. Rasheed: Mr. Mayor... Honorable Mayor and the City Commissioners of Miami, the Liberty City -Miami Dade Merchant's Association would like to address this Commission today and the concerns of this Model City loan. program. My name is Prentice Rasheed, I dwell at...My business address is 6040 NW 7th Avenue. We would make concerns known today. We want to... there will be a lot of answers, a lot of questions, that we would like to, if we can, have some answers today. If we can't get those answers today, we'd like to have them within the next Commission meeting, because the things that we are talking about here, I believe is necessary for us to have an agreement in order to develop a disadvantaged area which has been continuously damaged by the lack of jobs, unemployment, lack of financial support, and many other concerns that we have to present here, that I think financed by the aid and assistance of this Commission, which had the responsibility of representing all of the citizens of Miami equally, that the Liberty City and the Overtown, and... Mayor Suarez: What do you want us to do specifically? We pretty much know our responsibilities. Maybe we don't always fulfill them, but... Mr. Rasheed: Well, that is why I mentioned it, Mr. Mayor, because sometimes it seems that that part of Miami has been forgotten because of the amount of problems that continually happen there, but I am going to make this presentation to you, that we are really not here to have an agreement from the merchants with, and I think that all the Commissioners and staff have a copy of this, I hope, because I left one last week for everyone. Mayor Suarez: Would you like... your basic question is that you would like to expand the program and have more monies available? Mr. Rasheed: Definitely, more money available. This presentation was given to them. If I could, I would like to read this presentation for the record, and... Mayor Suarez: Well, you can just tell us about it, and go ahead, it will be in the record, because we will insert it into the record, but you don't have to read the whole thing, it takes a little longer to do that. You can just go ahead and paraphrase it, you know, tell us what the basis of it is. You can read from it if you want, I just don't know that you ought to read the whole thing. Mr. Rasheed: I think we have a freedom of speech constitution... all right! Mayor Suarez: If we are going to argue about it instead, you might as well read it. Mr. Rasheed: I really wish I could do it your way, but I think it's necessary that I read the order here that we have. "The Model City Small Business Development Program initiated by the City Commission, by means of a resolution dated September 28, 1987, given an affront to the community of Miami. These funds which came about was promised to the businesses during election time, emphasized a more flexible loan eligibility requirement, the speedy process of loan applications and a technical assistance program to enhance the development of participating businesses. To date, this program has not been managed properly,, because of ill conceived time limits that were impossible to implement. The various committees that were responsible for implementation met haphazardly, or not at all. The bureaucracy, the bureaucratic red 2 May 19, 1988 0 L' tape that was supposed to be eliminated bogged down the screening of applicants. The businesses that were approved had to wait up to three months for funds to be disbursed after approval, and of the applicants that made a request, only 19 businesses were approved." There are some 70 or some businesses that we have in the records that said they wasn't approved. "Is this politically advantageous to you to ignore, this miscarriage of justice? Was this feeble attempt only a stop gap method used to get votes and to quell opposition? How important Is the Liberty City area to you? We need not discuss how economically disadvantaged this area is. We know all too well what the statistics indicate. For decades, the Miami economical lending institutions have red lined this area. Then, the City of Miami comes up with a proposal that could lend economic dignity to this distressed area and because of lack of concern, or commitment, this program was not successful. What is the problem? The problem is that the City of Miami does not have the concern for all its citizens at heart. The true representation of all our citizens is lacking. Is it politically advantageous to leave this drug infested, crime ridden area in shambles? Does racism play a part in this scenario? The City leadership would be vise to make these economical disadvantaged areas a priority..." and I emphasize, priority... "for economical development through working and aiding the small business and merchants. The City leadership, educators and business world must know, and should know, that the better the economical opportunity for a community, the better the human, cultural and social value will be, thereby removing the need and desire to commit crime. The drug world economy will not be the biggest source of employment in these poor areas, but every man has a chance, like most of the people here, to work in a dignified atmosphere, for himself and his family concerns. We want this City leadership to know that we have the knowledge and the past experiences to solve our problems, but because of most of our experience in oppression and race denial, we have yet to get the opportunity or the community financial access to develop an African American independent business class, unlike the Cubans and many other immigrant groups. Now, that we have presented most of our concerns in this situation, we the merchants, would like to propose some of out needs and hope and pray this Commission will act in their best God given human will to bring justice to all the people from this request." And these requests are about five, and I will make them briefly. "We the merchants and citizens request and propose to this City Commission to appropriate $5,000,000 to the Model City's Pilot Loan Program, so that all those businesses that were denied, or declined loans may obtain some financial assistance; as the resolution has indicated. We request this City Commission to produce a technical assistance manual, to keep order between the City and the merchants. This would help remove the personal and political maneuvering out of the hands of the individuals that operate without a public technical guide. We request this City Commission to enforce the model city pilot loan program resolution that states, loans should be made disbursed within fifteen working days from the time the loan application has been submitted. We request the City Commission to review all the businesses that were denied loans so as to improve the poor and economical disadvantaged businesses situation in Miami's poor areas. We request this Commission to use the organization Score to assist the community development department in the additional work load that they conclude will cause businesses to fail if they do not get some additional help. The loans will be very difficult to repay from the way they are presently being disbursed." And that's a fact. We request this City Commission to make a business survey in the African American community as to the number of businesses opening and closing yearly in quarterly reports. This survey will enhance business development. We request this City Commission to set aside an appropriation of 25 percent of the City's tax dollar from 3 May 19, 1988 0 state, federal and confiscated drug , budget it for the African American community. This 25 percent of the City tax budget appropriation is the only way to guarantee that a fair share of the monies will reach this distressed area. We merchants will support a one cent sales tax to overcome the City budget problem if the City will jointly work with the Dade County government to have a countywide one cent sales tax increase. We challenge this Commission to forge ahead with the moral fortitude to deal fairly and justly with this problem. We request the merchants and citizens urge you to act expeditiously on these requests and to approve them. Those that need study and research should receive top priority and committees should be set up to study and research the feasibility of implementing these requests. These committees should be required to report to the Commission at the next meeting to discuss their findings. In my conclusion, fellow Commissioners, it is only through mutual consultation and concern that we can give every citizen his due. There should be economical justice for all. Thank you. At this time, Mayor and Commissioners, we would like to - those requests that we made, we would like to have your utmost attention given to these requests so that we may find out this day if these things can be appropriated because to may no is not to say no to us, but to say no to Miami because I think we all are aware of the problems that we're having. Mayor Suarez: Please, yes, complete your statement, Mr. Rasheed. Mr. Rasheed: My statement? Mayor Suarez: That's it? Mr. Rasheed: Yes, I'm asking you to take action on the request. Mayor Suarez: We know what you're asking... Mr. Rasheed: OK. Mayor Suarez: We've heard. Thank you. NOTE FOR THE RECORD: NEWLY APPOINTED CIRCUIT COURT JUDGE GISELA CARDONE WAS AMONG THE AUDIENCE AND RECOGNIZED BY MAYOR SUAREZ. AT THIS POINT, ITEM S-1 WAS TEMPORARILY DEFERRED. 2. DISCUSSION CONCERNING ACQUISITION OF CAMILLUS HOUSE PROPERTY. Mayor Suarez: On the issue of the Camillus House, I know the attorneys here, I know he's on a pro bono basis but what do we need to hear from him, Mr. Manager? This item was my item. If we're moving... Mr. Odio: Well, let me, let me... Mayor Suarez: ... unless we could approve it today which I don't think this Commission is ready to do, are we? Mr. Odio: No, let me give you the good news that they have accepted the offer we made to them based on the two appraisers and also a loan provided by Carnival Cruise Lines. They also agreed to close down the food services Immediately upon closing and we will try to help them find a place, a temporary place, while they are building their new facility but I think this is good news. Mayor Suarez: When will we act on that? When would you make a recommendation? Mr. Odio: We'll bring back a whole proposal to the Commission, I hope by June, Mr. Mayor. 4 May 19, 1988 Mr. Plummer: Where is the new facility for serving the food? Mr. Odio: well, right how, they don't have any. when they close... Mr. Plummer: Well you say that we would provide a temporary until such tune as they built the hew facility. Mr. Odio: I said we'd try to help them find a place but it's their responsibility to do so. Mr. Plummer: I would also like to know where the new place is going to be if we close on what date? Mr. Odio: I don't know yet how long it's going to take for a closing. Mr. Plummer: Where is the new facility going to be built? Mr. Odio: we don't know... ch, the new facility's in... they already been here for zoning. The hotel. Mr. Plummer: No, no, no, no. Mayor Suarez: No, he means, he means for the food distribution. Mr. Plummer: That's exactly the point I'm making. That new facility that they've been here for on zoning will absolutely be prohibitive from having a food line. Mr. Odio: well, then, look, Commissioner... Mr. Plummer: Let's get into the subject. Mr. Odio: well, the conditions that we put forth in the offer is that it is the responsibility of Camillus House to provide that, that's not ours. They accept it... Mr. Plummer: No, no, no. Let's understand fully, Mike. Mr. Odio: They have to understand what I told them fully too. That was said. Mr. Plummer: well, we better understand fully what just in fact is going on. That facility that we passed zoning on, hotel, accessory uses but no food line. I don't see Mike shaking his head that's it. Mr. Mike Fitzgerald: Do I get an opportunity now? Mr. Plummer: Sure. Mr. Fitzgerald: My name is Mike Fitzgerald from the firm of Fitzgerald Portals and Portuondo. The offer that the City has made to purchase the property meets the expectations of Camillus House with respect to price. The contingency on the offer was that Camillus House close down its food operation September 1 and its housing operations, I think, October 1. In concept, Camillus House has no objections to that, assuming that some kind of temporary facility can be found... INAUDIBLE BACKGROUND CONVERSATION NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Fitzgerald: ... until such time as they build the new facility and that new facility will not have a food line. Mr. Odio: And we agree that we would help them find that facility but it's not our responsibility and so did Carnival Cruise Lines, that they would help - Bob Sturges told me they would help find another location but it's only help. It is actually their responsibility. Mr. Plummer: And when is the closing scheduled for? Mr. Fitzgerald : There is no scheduled closing at this point. There's been no formal contract introduced. 5 May 19, Me i 0 Mr. Plummer: I would like to see a copy of the appraisals prior to anything else. I have not seen them. Mayor Suarez: Right. Mr. Odio: It will be part of the package, Commissioner. It will be part of it; the two appraisals we have. Mayor Suarez (OFF MIKE): Yes it is out of order, I've taken it out of order. Exactly out of order. Mr. Odio: Actually, we're not prepared to bring this to you today but I'm glad he came forth. We sent a letter today so... Mayor Suarez: Yes, and the item that I had requested to be on the agenda for a report. I didn't expect it to be such a hopefully complete report and we're not going to act on it today so... Thank you. Mr. Fitzgerald: Thank you. Mr. Dawkins: But I think somebody needs to tell Camillus House that as the Manager says, it is not our responsibility to find them a feeding place. Mr. Fitzgerald: Well, I... Mr. Dawkins: Now I feel, sir, that Camillus House has held us over the barrel long enough to get 2 million dollars. Now, when we started out, we reached a price and then Camillus House found out they could get more and this is Miller Dawkins' opinion, not the Commission's opinion, Miller Dawkins; then they found out they could get more, then they wanted more. Then they found out they could get more, then they wanted more. Then we met that and they wanted more. Now, we're meeting 2 million dollars and now they want to put the responsibility on us to find some place else. Now, I guarantee you, sir, in my opinion, they are going to hold us hostage until we find some place for them to feed people. And I'm not going to stand for it. And if I have to pass a.... and I want you to tell Brother Paul, I'm with him a hundred percent, but I think we've bent over backwards and I'd like to know from the City Attorney - Madam City Attorney, is it any way to put a fence up and where they have to stay inside the fence and we stay outside the fence? Mr. Plummer: What? Mr. Dawkins: I mean, I've had it. I mean, I'm the only one up here but I've had it. Is it any way to come down the middle of the street and put a fence and Brother Paul stay inside the fence and we stay outside the fence? Mr. Plummer: Can I include some others in that fence? Mr. Dawkins: The City Attorney say I can't do that, so you don't have to discuss that, OK? Mayor Suarez: Thank you. Commissioner. Mr. Plummer: Well, I would like to know, OK, I would like to know where they propose the new facility of feeding is going to be. No, it is not just their business. Let me tell you something, a lot of people in this community are concerned and let's remind you, Mr. Manager, that we had a proposal at one time to use the old hotel down there on 2nd Street - what was the old hotel? OK? And I want to tell you, it would be an absolute disaster to downtown Miami if you had 1500 derelicts go in there a day on 2nd Street and lst Avenue for feeding. So I think this City has a responsibility and we've got to exercise that responsibility in something of a compromise that is acceptable to the public and acceptable to this Commission. So, before you sign anything, Mr. Manager, OK - but I want to tell you up front that's how I'm feeling. Now, the other outfit that was down there, I forget the name, the... Mr. Dawkins (OFF MIKE): Mission, Miami Mission. Mr. Plummer: Miami Mission. They went up in an industrial area, they did what I think was the right thing to do and they did not keep this kind of an atmosphere in the downtown central business where we're spending millions to try to improve. Now, that has not been the attitude at this point of the 6 May 19, 1988 Camillus House. They have resisted everything that this Commission has tried to do. We had to go to a war over a zoning application because of it. So I'm saying to you, before this matter is closed and resolved we're going to address those issues. Mr. Fitzgerald: I hope they are addressed. Mr. Plummer: OK. Mayor Suarez: Thank you, counselor. We have taken this item as a supplementary item because it was not initially scheduled so we're doing the best we can with this item. Go ahead. Mr. Plummer (OFF !LIKE): They'll put it right on Flagler Street and they'll want us to buy them out again. ------------------------------------------------------------------------------ 3. (CONTINUED DISCUSSION) RESCHEDULE CONSIDERATION OF APPEAL BY LIBERTY CITY MIAMI-DADE MERCHANT ASSOCIATION REGARDING DECLINED/DELAYED LOANS, PLUS REQUEST FOR FUNDS TO THE MODEL CITY SMALL BUSINESS ASSISTANCE PILOT PROGRAM (SEE LABEL 1). Mr. Prentice Rasheed: We appreciate your concern by acknowledging that you was taking us altogether. The only other question that we have I think... Mayor Suarez: I thought we were going to hear from somebody else or are you going to do the entire presentation? Mr. Rasheed: No, no, I know - but we are free to let me talk or whatever, but let me you this last... Mr. Dawkins: Who agreed? 1 know Bernie didn't agree to let you talk, Bernie got to be heard. Mr. Rasheed: No, no. He got to be heard. Mayor Suarez: Yes, let's hear from... Mr. Rasheed: But let me ask you one more question. Mr. Dawkins: Let's hear from Bernie. Mayor Suarez: No, no, no we'll get back to you. Let's hear from Bernie, come on. Mr. Rasheed: Oh, OK, ch sure, all right, all right, OK... Mr. Dawkins: We'll get back to you, let's hear from Bernie. Mayor Suarez: Mr. Dyer. Mr. Bernie Dyer: Mr. Mayor, my name is Bernie Dyer. I'm president of Third World Media, publishers of Miami Weekly, Journey magazine and the Advance. I come before you because a number of us have - a number of us have some concerns that are not addressed even by a press statement from the Wall Street Journal. We would like an opportunity to come back before this Commission to do our presentation from our perspective which we're in the process of putting it together. And to outline some things that we're concerned about. We are putting a slide presentation together and also gathering some information. We've had a problem in getting the information from the various entities that we've had to deal with. There are a number of unanswered questions that remain and we'd like an opportunity to come back before you, whatever you decide on what's before you right now, we would like another opportunity to come back before you to discuss some things in further detail. Mayor Suarez: Absolutely, Bernie. Mr. Dyer: Can you give us a... 7 May 19, 1988 Mayor Suarez: Do you want that rescheduled already or do you want to send us a letter when it would be appropriate for you to come and speak "requesting it? Mr. Dyer: Yes, ve're not closing it out, there's some other people that wanted to say something. Mayor Suarez: I understand, but I mean as to your presentation? Mr. Dyer: Yes - I beg your pardon? Mayor Suarez: You can either tell us right now that you want it scheduled for the next Commission meeting or whenever you're ready. Mr. Dyer: When would the next Commission meeting be? Mayor Suarez: June... Mr. Plummer: Nine. Mayor Suarez: Ninth, or... Mr. Dyer: Oh, no, June 9th, my daughter's graduating. Mayor Suarez: OK, or you can ask us by correspondence, you know, five days before the time that we have to print these agenda. You know, let us know. Mr. Dyer: After June 9th is the 16th? Mr. Dawkins: No, the 9th and the 23rd. Mayor Suarez: 23rd, I believe, right. Mr. Dyer: 23rd sounds good. Mr. Plummer: Well, but 23rd is zoning. Mr. Dyer: June 23rd sounds fine for what we wanted. Mr. Dawkins: And then July 14th. Mayor Suarez: Would you... Mr. Dyer: OK, there's some other people that had some concerns. Mayor Suarez: ... make sure that it gets scheduled, Frank. Remind the Manager and check with them to make sure they'd be here for the presentation. Yes, sir. Mr. Green: My name is Green. I run a shoe repair shop out in the City area, Liberty City area. I've been out there 30 years in that one spot. And this is my fifth time down here. My fifth time and I need something to help me right now to keep going, expand it out, to make money for the City. I'm not down here just baby talk, I need something for you all to do something for me right now. All the commissioners up here know me and who I stand for and what I stand for but I need some help right now, Commissioner. And, man, I need some help now. Mr. Plummer: Did you make an application? Mr. Green: A letter been on your all's desk four times. Mr. Plummer: No, I'm saying, did you make an application to the loan committee? s Mr. Green: Yes, I did. Mr. Plummer: And why were you denied? Mr. Green: I passed the screen test, I passed the committee test and two months later, they send me a letter saying, Mr. Green, you didn't pay us. Mr. Plummer: Well, let's ask the question, why was this man denied? 8 May 19, 1988 i i • Mr. Green: Yes, that's what I wants to know too. Mayor Suarez: OK, that's what ve're going to try to answer, please. Ms. Miranda Alberry: Mayor, Commissioners, Mr. Green wasn't denied. By the time his application came to the loan committee, all the monies had been exhausted. But it vas never denied. Mr. Green: My loan was never Mayor Suarez: Yes, it was not denied if we found further monies, maybe your's would be accepted and that's what this Commission's going to have to deal with, whether we can find additional monies. It's not been denied as a loan it's just we don't have any money right now in the pot but we're going to look for some. Maybe. Mr. Green: But, Mayor, I need some kind of help. Mayor Suarez: We're going to try to deal with that. We need to hear from all the speakers, please. Doctor. Reverend Washington: I'm the Reverend Washington, I served as the head of the screening committee, the chairman. And we did a very thorough job, we met many hours... Mayor Suarez: How many petitions or how many applications did you get, Reverend? Mr. Washington: We got a little over close to 50 that we screened. Mayor Suarez: How many of those did you recommend? Mrs. Kennedy: Yes. Mr. Washington: Out of that, we must have recommended at least thirty-five. Now, it appears.. Mayor Suarez: They understood that when they were recommended, it didn't mean that we would necessarily have enough money to grant all of them. Mr. Washington: True. This is true. But what happened, it seems to me that after the screening committee had made certain recommendations, some of the original applications... Mr. Plummer: Just before five. Mr. Washington: ... that were approved by us, many of those people did not get loans. It appeared that after it vent to the other committee, that some of the original ones who had applied did not get loans but those some who had applied later got the loans. Mayor Suarez: Yes, the loan committee makes the actual determination on who gets a loan. Mr. Washington: True, true, but it's my understanding, from some of the merchants, that some of them who got loans were in the position to have gotten loans elsewhere because of the nature of their businesses. Mayor Suarez: Can you tell us any specific examples of that, Reverend? Mr. Washington: One of them was a Kentucky Fried Chicken place, I understand and another one was, what? Mayor Suarez: That's interesting, that's interesting... Mr. Washington: Popeye's. Mayor Suarez: Do we have a Kentucky Fried Chicken franchise being financed through this emergency loan program? Mr. Washington: Popeye's, it's Popeye's. 9 May 19, 19se Mr. Frank Castaneda: It is Popeye's. Mayor Suarez: No, no, that's not the question, Frank. My question is, Kentucky Fried Chicken first, then we'll get to Popeye's. OK, now, do we have any Popeye's being financed? Mr. Castaneda (OFF MIKE): Yes. Mr. Washington: OK, now... Mr. Plummer: But wait a minute, wait a minute, wait a minute. Whoa, why? Mr. Washington: What? UNIDENTIFIED SPEAKER (OFF MIKE): Rev, for your information, the guy that got the loan has eleven franchises. Mr. Plummer: Why does a man who has a Popeye's fried chicken franchise have to have a loan? Mr. Dawkins: Because, when you set up the guidelines - I take that back - when we set up the guidelines, of how this should have been done, those merchants came down and said they no longer wanted to work by those guidelines and they wanted the guidelines released and eased up on and, therefore, in my opinion, these guys were able to qualify. Mr. Washington: Well, the screening committee did not recommend Popeye's. I was on the committee, we did not reco... because that man had eleven franchises, I understand. We, the screening committee, did not recommend it. Mr. Plummer: Excuse me, so did you deny it? Mr. Dawkins: Well, who... well, how did he... Mr. Washington: We denied it. Mr. Dawkins: OK, all right, now... Mr. Plummer: Well, wait a minute, wait a minute, if the screening committee denies an application, the loan committee has the right to overrule you? Mr. Washington: Yes, yes. Well, in this case, that's what happened. Mr. Plummer: I didn't ask that. Are you telling me that we've set up a screening committee, they denied an application and it was overruled by the loan committee? Ms. Lori Weldon: We - Lori Weldon, member of the loan committee, Model Cities Loan Program. We reviewed all applications, we were told that these were recommendations from the screening committee and these were not the choices we were to be - we weren't led to believe that this was the list we had to choose from in order to make loans. Now, in the case of Popeye's, we made that loan based on the fact that this gentleman is losing money in order to generate jobs in the black community. He employs quite a few people in that store and he is cutting his profits in order to supply jobs and it was... Mr. Plummer: That's not the point, Lori, it's not the point. The point is, it was denied by the screening committee. Ms. Weldon: OK, well as far as the screening committee is concerned, they vent through a stack of applications. When they got to a certain amount, they ceased to function. We were under the impression that as long as applications were being accepted, they should have functioned. So we could not deny... Mr. Plummer: You're still not addressing the point. Ms. Weldon: OK, I'm getting to that. What I'm saying is... Mr. Plummer: The point that I'm making is, let me make it a little clearer. The screening committee was set up for a purpose. They denied this application and I am told that the loan committee approved and gave them the loan. 10 May 19, 1988 Ms. Weldon: Well, if you want specifics, there vas no where in the criteria or guidelines that we had to accept or deny any... Mayor Suarez: Well, we understood - Lori, we understood that the screening committee vas to screen... Mr. Dawkins: How much, how such... Mayor Suarez: Wait... Mr. Dawkins: ... did they give Popeye's? Mayor Suarez (OFF MIKE): Let we finish. Mr. Dawkins: Go ahead, Mr. Mayor. Mr. Plummer: No, the point... Mayor Suarez: Was to screen applications, which means that if they deny one, It doesn't make it to the loan committee, that's what a screening committee does. Mr. Plummer: And plus the fact if that's the truth, then you wasted a helluva lot of time having a screening committee in the first place. Mr. Washington (OFF MIKE): That's right, that's right. Mayor Suarez: Is that not the way it happened or did it just cease to function, or what? Mr. Plummer: I mean, if the... Ms. Weldon: We accepted their recommendations but what I'm saying to you is, I did not know personally that they rejected that loan. My impression that it was not on the list... Mr. Washington: We did. Mr. Plummer: Did you do it in writing? Mr. Washington: Yes, we did. Ms. Weldon: My impression that it was not on the list was because the screening committee ceased to function even though applications were still being turned in. The loan committeee then, in fact, started screening the applications... Mayor Suarez: Well, let's see if Frank knows. If they had ceased to function, they didn't turn down an application and... Mrs. Kennedy: Frank is shaking his head. Mr. Castaneda: I am not aware that the screening committee rejected that application. Adrienne Macbeth... Mr. Washington: We did. Mayor Suarez: OK, let's do this because we've got'a swearing in to be done, we've got Federal Judge Ryskamp here, Ken Ryskamp here. Why don't you check that out for us and make a report to this Commission. You hear the feeling of this Commission that the screening committee was supposed to screen. No application that was rejected by the screening committee should have made it to the loan committee. From that point forward, you had all of the discretion. Mr. Washington: May I say something... Mayor Suarez: From that point forward. But you should not have revived any applications that... 11 May 19, 1988 Mr. Dawkins: The money what good is all of that going to do now? UNIDENTIFIED SPEAKER (OFF MIKE): Loans that you approved conversely, loans that you approved and turned down. Ms. Weldon: gut in that, Mayor, if you go by that token, as I said, when they ceased to process applications and we still accepted applications, we got to go back through that whole process also. Mayor Suarez: Of course, of course, but if they, in fact, in writing communicated to the loan committee or to the City that that loan was turned down by the screening committee, we have to hear about that and I don't think that this is necessarily the time unless you've got the answer right off... Ms. Adrienne Macbeth: Yes, sir, I think no, the screening committee - the whole process, as you recall, was delegated to the Martin Luther King Economic Development Corporation. Their board of directors, as we were directed, had the authority to override the screening committee's decisions to make recommendations. Mayor Suarez: We didn't understand that, at least I didn't and I don't hear the Commissioners understanding that at all. Mr. Washington: No, no, we did not understand that either. No. Ms. Macbeth: The board of directors of the MLK Foundation, Mr. Mayor... Mr. Washington (OFF MIKE): No way. Mr. Plummer: Mr. Rasheed, you are right, sir. This whole damn thing is a farce. Mr. Rasheed (OFF MIKE): Yes, yes. Mr. Plummer: It's a farce! UNIDENTIFIED SPEAKER: Yes! Mr. Washington: May I just say this? Mayor Suarez: I, for myself, don't agree with that at all. Mr. Washington: May I just say this? Mayor Suarez: We did an awfully good job of something and we just... yes. Mr. Washington: The screening committee did a thorough job. I've been living in Miami for over 40 years and many of the businessmen who came to us, we knew of their responsibilities... Mayor Suarez: Reverend... Mr. Washington: ... and we did a good job of screening. Mayor Suarez: OK, in evaluating that, did you have... Mr. Washington: Now, this is what I want to say, the screening committee stopped functioning because we gave out of money... Mr. Plummer: Sure. Mr. Washington: There was no need to function if there was no more money. Mayor Suarez: That makes sense, that makes sense. Mr. Plummer: Good sense. Mr. Washington: OK, OK. Mayor Suarez: Now, the other question is before you leave, was there any other loan that you are aware of that was turned down by the screening committee that you understand was later approved by the loan committee? 12 May 19, 1988 Mr. Washington: Approved, yes. Mayor Suarez: And, if to, would you document that and get it to our staff, please. we'd like to know about that. UNIDENTIFIED SPEAKER (OFF MIKE): Tell them about the loans you approved that... Mr. Washington: Several were approved that we turned down. Mayor Suarez: Please, and particularly, if it was done in writing. OK, we will hear further on this issue at the Commission Meeting - do you want to make a statement, sir? UNIDENTIFIED SPEAKER: Definitely. Mayor Suarez: And I know what some of you have asked for is a whole different thing which is to expand the program. And I don't think we're in a position to act on that today, but we're going to - for myself, I'm going to ask the Manager... UNIDENTIFIED SPEAKER: For more money... UNIDENTIFIED SPEAKER: And a number of discrepancies... Mayor Suarez: That's what I mean, expand the program, meaning more money, in simple terms. Yes, Madam Vice Mayor. Mrs. Kennedy: Reverend, before this comes up, I'd like to sit down and talk to you because I've been getting tremendous amounts of phone calls of people complaining that their loans are not being processed, they're not being granted, so please, call me. Mayor Suarez: And. also, the appeal process is still in doubt as to what, if any, appeal process there should be. Yes, well, it's his turn though. Yes, go ahead, sir. No, no, no. Mr. Rasheed: No, no, let me... Mayor Suarez: You're maneuvering, not to say manipulating the microphone very effectively there but it's gentleman's turn. Go ahead, sir. Mr. Rasheed: OK, we needed it... Mayor Suarez: No, no, no, Mr. Rasheed, please. We'll get back to you very quickly. Mr. Rasheed: Oh, I'm sorry. Mr. Phillip Savory: Honorable Mayor, distinguished Commissioner. My name is Phillip Savory and I own and operate the Caribbean Conch Shell restaurant and lounge. On November llth I submitted application for a loan and the 4th of March I receive a letter stating that I was approved for the loan. We were open till this point I have not been able to... Mayor Suarez: Do you know if that was by the screening committee or the loan committee? Mr. Savory: By the loan committee, I got it Mayor Suarez: Do you know about that loan... what's the answer? Were they approved or not? Ms. Alberry: The loan was approved, Mayor and Commissioners, on March Sth. Two weeks after that time, Mr. Savory, we communicated since our community development was handling it and we told them of the problems. The loan committee, in their letter, indicated to him that he needed to make whatever arrangements with any creditors prior to the loan being closed. At that particular time, I sat down with him and I told him what creditors he had and what needed to be arranged and just to give you an idea, his rent, at this present time - well, at that particular time, he was in debt about $5,000. He 13 May 19, 1988 had not paid sales tax since November - October of '86. He had not repaid for an occupational license or his Dade county license. Also, he had also lost his beer and wine license, so prior to our closing on this loan, we had to try and get these things in order. Upon bringing this information to Mr. Savory's attention, he took a while in getting the information, he did not want to contact the Department of Revenue. I did contact them for him because he felt they had a warrant out for him. The warrant that they had was that they would go in and seize his property and not actually come in and arrest him. At that particular time... Mayor Suarez: Let me ask you this Miranda, did you finally, eventually at the end of this whole process, turn him down or was it just sort of left hanging? Ms. Alberry: No, we took him back to the loan committee because of all of the problems, we went out and did a site visit. We found that with his $20,000 loan, he would have spent about $18,000 just to do everything he needed to do so we took... Mayor Suarez: To be up to date on his debts. And you didn't... Ms. Alberry: Right, so we took it back to the loan committee, presented the problems to them and the loan committee made the decision to turn the loan down. Mr. Savory: OK, all of what she said is not quite true and are correct. Now, as for as the taxes, that is true. OK, now the monies that I, you know, that I requested and the amount that I had to pay did not went as far as $18,000. I did not make get in touch with anybody in that office until two weeks after I received the letter. The reason for that is because Ms. Alberry was out of the office. And when I finally get in touch with them, she made all of these requests, which I complied with them. The $5,000 that she told me that, you know, that was to be paid off, I already had made arrangements with the landlord paying him back rent at the rate of $250 a month. OK, they did made a visit on the premises, OK, all I did is went over this, I requested $3,000 out of the loan proceeds that was granted to me. They did not want to give me the $3,000 because they said all the bills have to be paid. I said, well, if the letter said that I got to make arrangement to pay off these bills, which, in fact, I did make arrangement, why is it that you cannot give me the money so me to do what I need to do. All right, I was only operating on a four days a week basis due to the fact that I needed money. If I didn't need the money, I would not have applied for it. Mayor Suarez: We know that, we know that, but... Mr. Savory: So therefore, I needed that money, in order for me was to get these things straight... Mayor Suarez: Obviously, obviously... Mr. Savory: ... and they took it away and that $18,000 that she's talking about is not true. Mayor Suarez: Now much was it, how much was it? Mr. Savory: All I needed was $3,000, they closed my business down. Mayor Suarez: Now much did you owe in back rent? Mr. Savory: I owed - with back rent my water bill was $4,S00. Mrs. Kennedy: Now much? Mr. Savory: Forty-five hundred. Mayor Suarez: Forty-five hundred. How much did you owe in taxes? Mr. Savory: Taxes were... Mayor Suarez: More or less. Mr. Savory: I owed $300 in sales taxes and $658 intangible property taxes. 14 May 19, 1988 Mayor Suarez: Well, we'll do this because this Commission is ending up being the appellate procedure for the turning down of loans and that's not really what we intended to do. Mr. Dawkins: Let's hear this on June... Mayor Suarez: Yes, let's hear this... Mr. Dawkins: Let's hear this June 23rd at a special meeting at 2:00 p.m., Mr. Mayor, since - and let everybody come back and present this because... Mayor Suarez: Do you want to have a special session on it? Mr. Dawkins: I mean before the zoning meeting on the 23rd. Mayor Suarez: OK, before the zoning meeting. Why don't we hear Bernie at the same time, then? Mr. Dawkins: That's what I'm saying, both of them... Mayor Suarez: OK, all right, let's reschedule consideration. Commissioner. Mr. Plummer: That's fine, Mr. Mayor, I'll tell you what I would like and I think each Commissioner should have. I would like to see a full portfolio of all of the loans that were granted and all of the loans that were denied. The reasons for granting and the amounts and the reason for the denials and the request. OK? Mr. Dawkins: And the line item in which the money was loaned to each... Mr. Plummer: Well, what it was loaned for. Mr. Dawkins: Well, yes, well then, because they did pay some people income tax and I need to know what firms it was. OK? Thank you. Mayor Suarez: We're going to try to get all of that report together and have a full hearing on this question including your particular problem. You can compare your figures with theirs, they're saying $18,000. Mr. Savory: No, well that's not true. That's not our correct. Mayor Suarez: Well, you're going to have an opportunity to dispute that with them now since before they weren't answering your phone calls or whatever, according to your testimony and get back to us on the 23rd of June and we're going to have a full hearing on this issue. OK? Mr. Dawkins: Let the gentleman behind you come to the mike so we're going to tell him that we're going to have it on the 23rd. Mr. De Yurre: Let me say something, Mr. Mayor. Mayor Suarez: Commissioner. Mr. De Yurre: If we're talking about doing this and getting all these applications and the whole nine yards, then we might as well forget about ever again having screening committees, because it boils down to somebody's going to object, you know, rightly or wrongly, and we're going to be in the same boat. Mayor Suarez: Well, we have to institute an appellate process, I would think. Some way that they can get - we've always told them that they could complain if they didn't think they were treated fairly. If you have a better system... Mr. De Yurre: I know, but the bottom line is now we're reviewing every loan. Mayor Suarez: No, we can't possibly review everyone. Mr. Savory: Mayor, I was told that I was to appeal this case today. Mr. De Yurre: That's what we're talking about. Mr. Dawkins: I'm not reviewing, I want the information, that's all. 15 May 19, 1988 Mayor Suarez: Right. Mr. Plummer: And the losers try deal. Mr. Savory: I was told that I could appeal this in the City Commission. in the City Commission offite. Mr. Dawkins: And we're telling you that we're going to have the appeal, sir, on... Mayor Suarez: And you've done part of that already, you've given us your facts, they've given theirs. We're going to try to see who is correct on how much you owed. Most of that can be proven and we're going to hear again on the issue on the 23rd when we have more documentation. Mr. Savory: Yes, but in the meantime, you know, what do I do. I'm closed because... Mayor Suarez: In the meantime, you know, you've just got to wait, we're doing the best we can. Mr. Savory: Yes, but Mayor, they closed, you know... Mayor Suarez: Can you imagine this Commission loan by loan reviewing every single request and every single denial. I mean, we're doing the best we can. Mr. Savory: Yes, but, I have... Mrs. Kennedy: Remember that we have a responsibility towards you but we also have a responsibility towards the City and there's only two syllables between bank and bankruptcy. Mr. Savory: OK, now what I have is a letter that state that I've been approved for a loan but yet still, you know, I been told verbally that the loan is being denied and I don't understand, I'm, you know... Mayor Suarez: You've just heard the reason. They think that you owe $18,000 out of the twenty you were going to get and that you were going to have to pay $18,000 right off the bat on back debts. Well, prove it to them and, if not, come back on the 23rd. Mr. Savory: OK. Mayor Suarez: We're scheduling that, I'll entertain a motion to schedule that for what time before the zoning hearing? Mr. Dawkins (OFF MIKE): Two o'clock. Mayor Suarez: Two. Mr. Odio: According to them, the agenda for planning and zoning is pretty full for June 23rd. Mayor Suarez: What time does it begin? Mr. Odio: We can start this in the morning, if you wish. Mr. Rasheed: We'd like you to take consideration' that they are poor hard working businesses and we want this to be at the most convenient time. In the evening... Mayor Suarez: The best we can do is; we're going to do the best we can. What time do you want to try to do it, members of the Commission? We're not going to hear from the general public on that. Mr. De Yurre: When are we scheduled to start on the 23rd? Mayor Suarez: We have not. We have not fixed it. Mr. Odio: I don't know yet, but it probably would have been around 3:00 o'clock, but we would have to... 16 May 19, 1988 Mayor Suarez: It would have been at 3:00, so we do this at 2:001 Mr. be Yurre: At 9:00 and with a one hour time limit, if not then, if we have a heavy stoning schedule, then... Mr. Odio: It's heavy from what I'm told, very large. Mr. De Yurre: One hour limit. Mrs. Kennedy: Two o'clock will give us ample time, Mayor Suarez: One hour limit, 2:00 o'clock on the 23rd. I'll entertain a motion to that effect. Mrs. Kennedy: So moved. Mr. Yurre: Move it. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved Its adoption: MOTION NO. 88-466 A MOTION TO RESCHEDULE CONSIDERATION OF AGENDA ITEM S- 1 (DISCUSSION OF AN APPEAL BY LIBERTY CITY MIAMI DADE MERCHANTS ASSOCIATION OF DECLINED LOANS AND DELAYED LOANS, ALONG WITH REQUEST FOR ADDITIONAL FUNDS TO MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT PROGRAM) UNTIL THE COMMISSION MEETING OF JUNE 23, 1988, SAID DISCUSSION SCHEDULED TO BEGIN AT 2:00 P.M. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Please meet with the one gentleman on that issue and see if we're a little closer. He says just a few thousand dollars, we're saying $18,000, maybe this Commission will be able to determine. UNIDENTIFIED SPEAKER: Mr. Mayor, just one other thing. Would it be possible for us to get the minutes of the meeting of the loan committee so that when we come... Mayor Suarez: I don't know that there are any minutes, are there? UNIDENTIFIED SPEAKER: There were minutes taken by a staff person from the City. Mayor Suarez: You have a.. sure, you have... sure, that's all public record. 17 May 19, 1986 ----------------------------------------- --------------------------- --------- ---- 4. SWEARING -IN CEREMONY OF JORGE L. FERNANDEZ AS CITY ATTORNEY - OATH GIVEN EY JUDGE RYSKAMP. Mayor Suarez: OK, I believe the next item of business is the swearing in of the new City Attorney and Judge Ken Ryskamp is recognized by the chair. We are happy to have you here, Judge, and I've never done one of these I don't think. I've had an oath administered but, hopefully, Judge Ryskamp and our new City Attorney know the procedure better than I do. Mrs. Kennedy: Well, before we do the swearing in, Mr. Mayor, let me just say that Lucia has been the first woman to serve on this Commission as City Attorney, that she has served with great pride, distinction and humor. She is the fastest ordinance reader in the world and we commend her for her job with the City and wish her much luck in her new endeavor. (Applause) Mrs. Dougherty: Thank you. Judge Kenneth Ryskamp: We're here for a very happy occasion. For the swearing in of Jorge Fernandez as the new City Attorney, so I'll ask him to step over here, you raise your right hand and repeat after me: AT THIS POINT CITY ATTORNEY JORGE L. FERNANDEZ REPEATED THE FOLLOWING OATH AS ADMINISTERED BY JUDGE KEN RYSKAMP: I, JORGE L. FERNANDEZ, DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND OF THE STATE OF FLORIDA AND IN ALL RESPECTS FAITHFULLY DISCHARGE THE DUTIES OF CITY ATTORNEY, OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA. Judge Ryskamp: Congratulations. Mr. Fernandez: Thank you. (Applause) Mr. Fernandez: Judge Ryskamp... please sit down. Judge Ryskamp, Mayor Suarez, Vice Mayor Kennedy, Commissioner Plummer, Commissioner Dawkins, Commissioner De Yurre, Mr. Odio, Mrs. Dougherty, fellow City employees, friends and family. First of all, I thank God for this moment in my life and for his stedfast love and never ending grace. To you, Judge Ryskamp, I thank you for honoring the City and all of us by being here today and administering my oath. To you, my Commission, I'm honored by your vote of confidence in appointing me your City Attorney. It is a challenge to which I rise with determination and resolve begging your indulgence during my first few Commission meetings as I learn the ropes. Besides the oath of office that I have just taken, I commit myself, my office, all of our energies and resources to do the following amongst many things for you. First of all, to counsel and advise you in every issue you may need my input. To be your advocate in those causes you consider just and important. To defend and protect the interests of the City and to facilitate the realization of your dreams and visions for our fair City. In all, to do honor to the high office to which you have called me i■ my ultimate goal and my objective. To you, my fellow City employees, and I see so many of you here today, you motivate me to do my very best in order to do right by you. You have helped me, you have encouraged me and I promise you that I won't let you down. I hope to continue working with you as well as we have in the past for the improvement of the City. Lucia, in the past four years, you have served the City well. You've set the pace. You've set the pace and you established standards of excellence in our office which is my challenge to live up to. You leave some very big shoes to fill, but it is my hope that I will do honor to that too. I thank you from the bottom of my heart, Lucia, and I wish you God speed as you go on. To my friends and all of you are my friends, I thank you for being here today; it's an encouragement, it's really wonderful and humbling to see that there are so many of you who think so highly of me. I just hope that, as I perhaps in the future may make some mistakes, that you would continue to be my friends. And to my family, most important of all my father and mother and I see at least one of them here, and many other members of my family, these are the two 18 May 19, 1988 people who are responsible for my being here today and I really want to honor them by recognizing them presently here today. My mother is sitting there, Mrs. Fernandez. Mr. Dawkins (OFF MIKE): Come up, Mrs. Fernandez. (Applause) Mr. Fernandez: And I don't see my father any place around, perhaps he's still making his way over. But these are two people who have given me the very best. Not only have they given me my life, they've also given me all that I stand here today with and offer to you. To my wife, Elena, whom you see here, she's standing right now to my left but usually she stands at my right, I owe her a great deal. Not only is she the woman that makes me be the man that I am, but she's also the mother of my children. Elena, I love you and I hope that you're also patient as I get home later every night. And to my children, this is, in fact, what you see here, Daniel, Monica, and David, this is my reason for being and everything that I do, both in life personally and professionally, I do so that I can make them proud. So I really want to thank all of you for being here today and for honoring me with your presence. To the Commission who had the forthright and the determination in hiring me, I commit myself to making you all proud. So, again, thank you very much. (Applause) 5. DISCUSSION REGARDING THE CITYWIDE BUSINESS ASSISTANCE PILOT PROGRAM. Mayor Suarez: The Citywide Business Assistance Pilot Program. Whose item is this? Mr. Odio: It's Commissioner Dawkins. Mr. Dawkins: Mr. Mayor, we have a plan here that was worked out by the administration. And I'd like to suggest that the administration work with the Manager in drawing up this plan so that as we go about the City awarding money, we will not have the same problem that we have now. I'd like to have this worked on and perhaps brought back on the 23rd if it's all agreeable with everybody else and we implement it as a plan to go Citywide with it so that we will have some guidelines by which to work with. Mayor Suarez: Do you have any idea, Commissioner; does anyone from staff have any idea of what would happen if we get literally swamped with loan applications? Mr. Odic: We run out of money very fast. Mayor Suarez: Just sort of first come, first served and that's it? Mr. Dawkins: That's it. Mr. Odio: That's going to have to be it. Mr. Frank Castaneds: That could very easily happen. We figure that you basically have - you have $270,000 divided by all the target areas, you get about $30,000 per target area so it's very easy to be swamped. And if you thought you had problems with people complaining about the Model City area, you're going to have a lot more complaints in the Citywide in that you're going to have a lot more applicants and a lot less money. Mr. Dawkins: The only thing I'd like to add is where it says insurance, that we add what 1 have written here, all applicants will be required to have Insurance for their business. The Federal Crime Insurance Program is available for those businesses that cannot afford the high cost of insurance to cover their businesses. And here we have it and Miranda is acquainted with It and let's add that to the thing OK? Mayor Suarez: Do you want to try to act on this today? 19 May 19, 1988 Mr. Dawkins: No, I'd like to bring it back on the 2trd, Mr. Mayor, we've got so much... Mayor Suarez: oK, further elaborated and come back with an actual specific recommendation based on these parameters. Mr. Pablo Peres -Cisneros: So I will work with frank Castaneda then. Mr. Dawkins: All of this and make a package so that everybody could have it, will you please? OK, thank you. Mayor Suarez: You got to tighten up the procedures as opposed to the other plan because if we have all this business of a screening committee that doesn't really screen or a loan committee that, you know, first accepts a loan and then doesn't clarify what it's subject to, you may have to come up with a commitment letter or something like that that clarifies what conditions they have to fulfill. Mr. Castaneda: No, but Commissioners, I think the process is really lot clearer that people make it appear and I think that people are obviously are clouding in order to support their particular issue. Mr. Cisneros: Let me indicate to the Commission that the way I envision a pilot program that Miami Capital wants to do is will be done by Miami Capital. We have a screening committee in house, we have a loan committee that is served by bankers and distinguished people from the community and I don't think there is no need to have all of this interferences, it just takes more time so... Mayor Suarez: Well, come up with as simple a system as possible that's clear who was turned down, who was initially screened and what the conditions are of the loan, if any. Mr. Cisneros: The way I envision it, it will be done entirely by us. Mayor Suarez: Anything else from the Commission on this item? ------------------------------------------------------------------------------ 6. DEFER DISCUSSION IN CONNECTION WITH SPECIFIC LANGUAGE FOR THE FEDERAL LAW ENFORCEMENT BUILDING REQUEST FOR QUALIFICATIONS REGARDING MINORITY PARTICIPATION AND FINANCIAL CAPABILITY REQUIREMENTS. ------------------------------------------------------------------------------ Mayor Suarez: Item S-3, Mr. Manager, is that yours? Mr. Odio: This is the specific language, Mr. Mayor, that we would send out on the federal building and I have it... Mayor Suarez: Is there any controversy on this item? This is just a... Mr. Plummer: I haven't seen the language. Mayor Suarez: Oh. That's controversial right there. Mr. Plummer: It's controversial as helll You hand it to me right now and ask me to approve it. Come on, forget itl Mr. Odio: Sir, please, I... defer it. Mr. Plummer: Huh? Mr. Odio: Go ahead and defer it. Mr. Plummer: I'm sorry, how can you ask me to come here, you hand me this piece of paper and say, here it is, now work... Mayor Suarez: S-3, it's the wording of the GSA... Mr. Odio: You're right, Commissioner. 20 may 19, 1988 Mrs. Kennedy: I agree. Mr. Odib: You're right: Mr. Plummer: I im sorry! Mr. Odio: You're right, Commissioner, deter the item so that we,,, Mr. Plummer: Defer it until At least we have the opportunity to read it, Mr. Odio: Yes, air. Mayor Suarez: OK, do we need a motion to deter? Mr. De Yurre: Move. Mayor Suarez: It vas a supplementary item, OK, we have a motion, do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll. That applies to S-3. Madam City Clerk, it applies to S-3 and S-4, which is a related item, I presume, right? Mr. Plummer% No, S-4? S-4 is different, that's the Sunshine State Loan. Mayor Suarez: Which pool... Mr. Odio: It's the Gusman Hall,. This is the Gusman Hall. Mrs. Kennedy: It's the Gusman remodeling. Mayor Suarez: OK, it's a different project, all right, call the roll on the motion. Mr. Plummer: On which motion? Mrs. Kennedy: To defer. Mayor Suarez: To defer S-3. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE MAYOR KENNEDY, ITEM S-3 WAS DEFERRED 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. 21 op ----------------------------------------------------------------------------- 7. DISCUSSION AND TEMPORARY DEFERRAL OF A PROPOSED RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION (87,200,000) (SEE LABELS 26 AND 29) ------------------------------------------------------------------------------ Mayor Suarez: Item S-4. Mr. Rodriguez: Item S-4 is asking authorization from the City Commission to execute a loan agreement with the Sunshine State Governmental Financing Commission for a maximum of 7.2 million dollars for the renovation of the Gusman Cultural Center/Olympia Building project for a cost not to exceed 6.121 million dollars and in accordance with the terms that have been mentioned before, in the item that was before you last week and which is now attached as page 70 of your package, I indicated as exhibit two, option b, which is recommendation from the staff - the administration - for the amount of expenses associated with the project. In doing this, there are certain... Mr. Plummer: What is this? Ms. Miriam Maer (OFF MIKE): This formalizes the motion... Mrs. Kennedy: Excuse me, Sergio, have we agreed on the figures? Mr. Plummer (OFF MIKE): Are you just giving it to me? Ms. Maer (OFF MIKE): Because that's a motion, this is just a resolution for it. Mr. Rodriguez: The last time, my understanding was that you agree on the 6.121 million, but I want to make sure that in doing this today, there's a clear understanding of what you are doing so there will be no misunderstanding because this is a very complex deal. In doing this, the City... if you were to approve this, the City will be obligating itself for 100 percent of the debt. The City will be the borrower, the City will be restricting from sub leasing this to a private sector because of the terms of the loan and the requirements of the tax exempt status that this has. The interest rate will be a variable rate with a monthly adjustable rate presently under 6 percent. The rents will be used... the amount of rent that we collect will be used to pay for the monthly debt payments. The City and the Department of Off Street Parking will be committed as lessors for the term of the loan, which is 24 years. The City will be required to budget and appropriate from non ad valorem revenues and the amount budgeted will have to assume the interest rate equal to one hundred and twenty percent of the amount that will be required every year. I want to make sure also that I introduce for the record a letter dated May 19, addressed to City Manager Odio from Jack Mulvena in which basically is a letter of intent from the Department of Off Street Parking in which they will say that they are participating on this project. Mr. Plummer: Where is that letter? Mr. Rodriguez: The letter was given to me this afternoon but I want to make sure it's on the record. I want to have it on the record to make sure that the record will be complete in case we have any problems. Mr. Plummer: No, no, no. No, no, because that's the question I was going to ask. Where is their legal document stating that they are obligated for the 24 years to take that amount of square footage? Mr. Rodriguez: That document - in the resolution that they passed, they say... Mr. Plummer: No, no, no, no. I don't want a resolution that that board passed, that's where we got in trouble with the Sports Authority. Mr. Rodriguez: Then we have the letter of the intent, that's what you have in front of you. 22 May 19, 1988 Lai Mr. Plummer, Not a letter of intent! commitment? Where? Where is a letter, a document of Al Cardenas, Esq.! I can answer that. Mr. Odio (OFF MIKE): We would provide it. Ms. Miriam Maer (OFF MIKE): Have to ask Annette. Did Annette get the letter of commitment from the bank? Mr. Cardenas: Excuse me, if i may, Commissioner... Mr. Plummer: it's a hell of a way to run an airline! Mr. Cardenas: I can give you the answer to that if... Mr. Plummer: No, no, no. I, hey... where is the legal document binding the Off Street Parking Authority for 24 years for 70 percent of this loan? Mr. Rodriguez: We don't have that letter here in this package for you now. Mr. Plummer: Forget it! Mr. Rodriguez: OK. Mr. Plummer: How the hell can you run a business that way? I mean, you're obligating the City for 100 percent, supposedly with them picking up seventy, supposedly... Mrs. Kennedy: Do you have it in writing? Mr. Rodriguez: This is... Mrs. Kennedy: Sergio. Mr. Rodriguez: Commissioner Plummer. Mr. Plummer: Hey, you know, I got to tell you something. You guys, you operate in the private sector, you'd go to the poor house immediately. You can't deal this way! Mrs. Kennedy: Sergio, when you said we don't have it, does it mean you have it but you didn't include it? Or doesn't it exist? Mr. Rodriguez: Miriam. Miriam Maer, Esq.: If I can just respond for a moment... Mr. Plummer (OFF MIKE): It's incredible... Ms. Maer: Last Thursday the Commission adopted a motion which in principle approved the concept of having the renovation redevelopment project using the proposals submitted by Flagler Landmark with a construction budget adopted by the Commission which is the set of numbers that's attached to the resolution you have in front of you formalizing that motion. Mr. Plummer (OFF MIKE): That was deferred. Ms. Maer: Now that motion says as well that it instructed the City Manager last Thursday to go start negotiating with Off Street Parking and bring an inter local agreement back to this Commission for approval which would set out exactly the terms that you're asking about. Mr. Plummer (OFF MIKE): Miriam. Mr. Rodriguez: And also, if I may, Commissioner Plummer, the money cannot be drawn down... Mr. Plummer: Are you asking us today, by this resolution to proceed for the application of this loan? Mr. Rodriguez: Yes, I am. 23 May 19, 19ss • R Mr. Plummer: And you have no legal document at the same time it'sin comhelpanion telling us that they guarantee they'll pick up percent. of a way to run an airline! Mr. Rodriguez: Let me try again, Commissioner Plummer, if I may. The money will not be drawn down until we have that letter. That letter is going to come to you in the next possible meeting that we can in which we will be discussing the terms of the agreement. If you don't take an action today, then the commission, the Sunshine Commission cannot deal with this on the 24th and you can say goodbye to that approach of doing that way. That's the reason why it's before you. These monies... Mr. Plummer: Sergio, as Miller Dawkins has said... Mr. Rodriguez: Let me finish) Mr. Plummer: ... and I will say again. When you come to this Commission, this thing has been in the works since 1982. Mr. Rodriguez: Not by me. Mr. Plummer: I didn't say you, I said it's been in the works for six years. Tou come at the last minute and you tell this Commission if you don't act now, right or wrong, we're going to lose it. It's crazy! You can't operate a business that way! Mayor Suarez: What would be the document, the shape of the document that would bind the authority to their 70 percent of the space? Mr. Plummer: Same as this. Mayor Suarez: I don't know, that's what I'm asking. Mr. Jack Mulvena: Jack Mulvena, executive director of the Department of Off Street Parking. At the last board meeting... Mayor Suarez: Because your board has approved this... Mr. Mulvena: The board has heard the exact proposal that you have before you that you are deliberating on ready to resolve what you will do. They had the same proposition put before them at their last board meeting and passed a resolution accepting the proposal and committing to 70 percent of the debt service. And I, in turn, am empowered... Mayor Suarez: Is that in a written form? Mr. Mulvena: It's in written form, it's a part of the record. Mr. Plummer: Right here, it's clearly stated it is a letter of intent. Mr. Blaisdell, get up and tell us about letters of intent with the arena and how many lawsuits you've got there. Mr. Odio: Commissioner Plummer, may I... Mr. Mulvena: No, there is a... Mr. Odio: Wait, wait. Mayor Suarez: Why does that say letters of intent? Go ahead, Mr. Manager. Mr. Plummer: I haven't read it. Mr. Odio: May I clarify it so that we don't get it... all we asking today is to be able to apply for the loan. If the proper documents are not drawn, that is the interlocal agreement with the Off Street Parking and with Mr. Cardenas and his group, we will not draw one penny. It will not be done. You have to approve those documents. Mr. Plummer: Fine. Mr. Rodriguez: And that you have to approve it. 24 d May 19, 1988 e CA-1 Mr. Odio: You have to approve the documents. Mr. Plummer: Wait a minute, wait a minute. resolution today... Mr. Odio: Just to apply, to apply. You're asking me by this Mr. Plummer: No, no, no, you're not. Read the resolution, you're asking rue to bind myself, that's why he's given me the words of caution in this memo. Mr. Odio: We do not have to proceed with it if you do not agree with the interlocal agreement with the Off Street Parking and with the agreement that we would draw with them. This is only being done today so that we can apply before the deadline of the 24th. Because they are two complicated documents that have to be negotiated and we only have been negotiating for three days. Mr. Rodriguez: Commissioner Plummer, I want to confirm this again. We apply to the loan, we receive it under this terms that we're telling you we're trying to apply under. We don't want to take the loan later on because the agreement between the Department of Off Street Parking and ourselves doesn't work, we just drop the loan, we return it. But, if we don't take any action today, then you let go of that option of applying for the loan. Mr. De Yurre: Sergio. Mr. Plummer: Sir. Mr. De Yurre: Who's paying for all the hours that we're spending on this? Mr. Plummer: You and I as taxpayers. Mr. De Yurre: Who's paying for all of this? Mr. Rodriguez: Of the hours of all the processing? Mr. De Yurre: Yes, everything that's happening here. Mr. Rodriguez: There is a certain amount of money that we allow as a contingency in the loan. Mr. De Yurre: Who's paying for this? Mr. Rodriguez: At the end? Taxpayers. Mr. De Yurre: Are you working with taxpayers? Mr. Rodriguez: Right. Mr. De Yurre: Do you live in the City? Mr. Rodriguez: No, I don't live in the City. Mr. De Yurre: So you got no problem. Mr. Rodriguez: Well, I do have a problem because I feel responsibility with this. Mr. Plummer: Damn, if that doesn't sound familiar from that chair. Mr. De Yurre: You know, my concern is, and I echo what J.L. is saying, you know, it's piss poor. It really is. You know, you expect us to act and make decisions that are talking about millions of dollars, and it's on a whim, on a spur of the moment type thing, we need you to do this, we need you to run, we need you to jump and we got to do it because there's a time factor. Mr. Rodriguez: If I may beg to differ. Mr. Odio: You don't have to do anything, Commissioner. Mr. Rodriguez: Right. 25 May 19, 1988 Mr. Odio: What you can do is if you want to, not to apply for the loan, it's fine. All we're saying is, the two documents that have to be negotiated are complicated, they are going to be long negotiations but if you don't want to apply for this loan now, you might as well forget this project. Mr. De Yurre: Well, let me tell you something... Mr. Odio: Now, if you want to go ahead with the project because it might have possibilities, then you apply for the loan. If the documents that we're negotiating are not of your approval, then we drop the loan. Mr. De Yurre: OK, and for the record and I've told Al about it already when he came to see me a few weeks ago. I will not vote for any project wherein the City of Miami has to commit itself to one square foot of space. If we're talking about an administration building and we're doing plans for that, it doesn't make any sense for us to commit to any square footage in that building. Mr. Rodriguez: That's OK. Mr. De Yurre: So, you know where I stand. Mayor Suarez: So your vote is no on this thing. Mr. De Yurre: If it means that we got to take some space... Mayor Suarez: That's what they told us last time. Mr. De Yurre: ... my vote is no because Al knows about it and you've been made aware of it by me. So you all got to work something out, either your groups leases and then subleases and take some of that space. Mayor Suarez: That's another interesting thing, now if the Commissioner's telling you that he, for his vote, the City cannot make any commitment whatsoever for any space, I don't know if you want this to be brought for a vote today, in any event, counselor, but that's not the way I feel about it but he's stated how he feels about it. Now, I have a question for Jack on this because I don't think it's really the planning department's burden here. But, you know, after the many, many years, Jack, that this has been debated in this Commission, the many times that you have proposed to us, capital plans, five year plans and we have gone over these projects, that you couldn't have come up with something a little bit more firm than a letter of intent. I mean, is that because you thought it was contingent on us acting, is that the problem? Mr. Mulvena: Well, the entire situation is contingent upon the City acting because they own the building and they own the theater. Mayor Suarez: It would have been helpful if you'd stated it just that way... Mr. Mulvena: Yes, well... Mayor Suarez: ... you know, you have a commitment, you're going to go through with this thing, you want it to be done, you're committing to 70 percent of the space, subject only to the City acting on this resolution. And, you know, a letter of intent, I mean, in the... that's like the beginning of negotiations to a lot of people and we're awfully close to the ending of negotiations on this from what... Mr. Plummer: And it's not binding. Mayor Suarez: And it, yes, well, it's... Mr. Mulvena: Well, there is a formal resolution passed... Mayor Suarez: A lot of times it's not binding, that's true. Mr. Mulvena: ... and it really wouldn't be in our best interests not to stand by what we say to the Commission for sure. So, you're right, you own the building, you must take the initiative, we can back stop you for 70 percent of the debt. That's what my board has committed to do, they've committed me to negotiate... 26 May 19, 1988 f P Mayor Suarez: We don't have anything in writing that says that clearly and we didn't have it at all apparently until just now, or at least that's when Commissioner Plummer was made aware. Mr. Mulvena: What we've... Mr. Cardenas: Mayor... Mayor Suarez: Counselor. Mr. Cardenas: For the record, my name is Al Cardenas. I'm here on behalf of the Flagler Landmark Associates. Let me, if I can, restate what assistant City Attorney Miriam Maer has said. We basically have four steps, two of which have been accomplished. This Off Street Parking Authority has issued a resolution very similar to one you issued accepting in principle a 70-30 deal and all the other terms that are before you. You adopted a resolution last time accordingly. This is a perfunctory third step which is to adopt the document which was not brought to you last time primarily because it wasn't ready but which needs to be presented by May 24th and this is the last time it can in order to apply for the loan. That's the document that's before you. That's the third step. The fourth step is a step that have to come before the City Commission with the integrated document that is necessary between the following parties: one document between OSPA and the City of Miami and one document between OSPA, the City of Miami and ourselves. That's the final document that's before you. At that point in time, you are to deliberate on the budget, you're to deliberate on the pros and cons and give this thing a final thumbs up or thumbs down. My suggestion to you today, if I may, is for you to take the perfunctory third step, send this application in, it does not bind you legally to go through if the agreement is not accepted by you. Get the application in so that we're alive on the Sunshine State Fund. Please give us a date certain within which we must come back with these documents because I've been at this for two and a half years and I think that will provide us with the incentive to have the lawyers and OSPA work it out and bring before you on a date certain that you would determine today. The third item that I had to suggest to you today if you act accordingly, is last time when we discussed there was a situation with the architectural fees, that doesn't need to be taken up today if you, instead of in your loans documents stating $6,121,000 just say that the sum shall not exceed $6,200,000 in the resolution. If you do that, you could end up spending only $6,121,000 or less or more but at least it leaves that issue wide open for discussion at the next meeting. That... Mr. Plummer: Let me ask a question. Madam City Attorney, can we today approve a resolution making the request of the Sunshine Bond Government, whatever that agency is, without any of these in the memo stated, be binding on the City at this time? Ms. Maer: I think if the resolution adopting the loan agreement is amended to read that it's subject to the City coming back to you with the agreements... Mr. Plummer: I can vote to make application for the loan... Ms. Maer: Right, that's right. Mr. Plummer: OK, but not, if in any way, anything Sergio has put in this document that binds me. OK? Nov, if that's the case, fully on the record, I'll vote for the application. Let's go ahead and make the application. But, if I'm bound by any one of these things that's put forth in Sergio's, no way. Ms. Maer (OFF AND ON MIKE): They already made the application. This is more than the application. This is... Mr. Rodriguez: I want... Mayor Suarez: It helps to have - on answering that question, it helps to have his statement which he has already on the record to the affect that the sole bidder does not hold us liable, I believe he stated that, right7 We're not bound by this, counselor? Al? Mr. Cardenas: I didn't exactly say that. I'll tell you what, I won't hold you bound by the action you take today in voting for this but I'm not going to 27 May 19, 1988 0 0 waive every right my client would have as to everything else that has happened here. I mean, I wouldn't do justice to the client. I will say this, which is, I think, what you're interested in. Mayor Suarez: As to today's action? Mr. Cardenas: As to today's action that's correct. Mayor Suarez: Did you want to answer that further? Mr. Rodriguez: My opinion is that by... This is not an application any more. This is getting to an agreement which is one step further than that and you are agreeing to what is here and I don't want you to be mislead on that. Especially if you think that you're not going to be... Mayor Suarez: But, but... Mr. Rodriguez: ... the City will not be in the position of renting. Mayor Suarez: But, he is specifically building in wording that says it's subject to Commission approval of the specific terms and conditions, that at this point it really doesn't go much farther than approval in principle. Ms. Maer: Yes, but if you... Mayor Suarez: In other words, we have to put that wording in, Sergio. Otherwise, we cannot vote on it. Ms. Maer: What I'm saying is, this is beyond the application for a loan, this is the loan agreement where the City commits that it will repay, under the terms set forth in this loan agreement over a period of, I believe, 24 years. Now, what we were... Mayor Suarez: Give us what you need for the loan application and.. Ms. Maer: We've already done the loan application. That was... Mr. Rodriguez: Already did that. Mr. Cardenas: Yes, Mayor, if... Mayor Suarez: So then why do we have to act on it today? Mr. Cardenas: Mayor, if I may... Mayor Suarez: Wait, wait, Al. Mr. Rodriguez: To proceed with the... Mrs. Kennedy: Excuse me, Al, one second. Mr. Rodriguez: To proceed with the agreement with the Sunshine Commission for the amount of money... Mrs. Kennedy: Can we just say, authorizing the City Manager to proceed with the... to finalize agreements between Flagler Landmark and then come back to the City Commission for final approval. Is that enough? Mr. Rodriguez: But that's what I don't think you - some of your Commissioners want to do. Mr. Plummer: No, it isn't. Mr. Cardenas: If I may, look... Mrs. Kennedy (OFF MIKE): But if they come back to us for final approval. Mr. Plummer (OFF MIKE): But not if we're bound by these provisions, Mrs. Kennedy (OFF MIKE): No.... Mr. Plummer (OFF MIKE): Oh, but he's saying we are. He's saying... 28 May 19, 1988 0 P Mr. Cardenas: ... the Sunshine Fund is the lender, you are the borrower. This is a loan commitment between lender and borrower. That's what this document is. As in any transaction, you can enter into negotiations with the lender, that's what a loan agreement is. But if you, as borrower and potential party to a contract, don't eventually consummate the contract, then obviously the terms of the loan agreement are voided and of no effect because you didn't participate in the commercial deal. This is a loan agreement between you and a lender, not with us and not with OSPA. It's between you and the Sunshine State Fund. You are not, today, voting on anything that has to do with our deal. You're entering into a possible loan agreement with the Sunshine Fund which is predicated on your interlocal agreement between you and OSPA and others. Mayor Suarez: The problem is that it's been called already a loan application and now it's being called a loan agreement and philosophically and procedurally, we've got a problem here on this Commission because I think the majority does not want, at this point, to approve even in principle a loan agreement but they'd be willing to approve a loan application, if, indeed, we needed to approve it because of the application deadline. Mr. Plummer: And I will vote for that. Mr. Rodriguez: And what I'm saying again, I don't want you to be mislead, you are approving the loan agreement based on the information you have here. Mayor Suarez: Why need we do that? Why do we have to do that before May 24th if you've told us that the application's already been made to the Sunshine State Pool for the actual loan? Mr. Rodriguez: Because on May 24th, the Commission will be - that Commission, the Sunshine Commission, will be meeting and that's when they will be allocating the funds which are left. Mayor Suarez: And they need to have something this advanced? Mr. Rodriguez: Right, some commitment. Mayor Suarez: And what happens if it's not May 24th? When is the next time they meet? Ms. Maer: You have to... Mr. Rodriguez: We have to draw the fund before June 1st. We have to close even. Mayor Suarez: Why? Mr. Rodriguez: Because, otherwise, they will allocate the monies to everybody else which is waiting list... Mayor Suarez: And then you have to wait till the next year, is that what you're saying? Mr. Rodriguez: ... that will be - that's it, right. That's the end of the fund. Mayor Suarez: Why? It's disbanded forever and ever and no Sunshine State Pool ever? Mr. Rodriguez: The end of the fund. Let me clarify this again because I think there is a misunderstanding on this. You ask us... Mayor Suarez: Why are they being eliminated this year forever and ever, I mean, aren't they around? Mr. Rodriguez: You ask us to negotiate on this. You asked me to get a solution to try to solve the building based on the UbP that we sent. This, in my opinion, is the best possible deal that we can offer you. If you don't want to commit yourself to renting over there to a lease, you don't want to commit yourself to improving the building, this is the moment to say no and then, that's it, we drop it. 29 May 19, 1988 1 0 V Mayor Suarez: Procedurally though, some of the documents that we expected to have at this point, were simply not available in time... Mr. Plummer (OFF MIKE): They're not here. Mayor Suarez: ... and were not in the kind of form that we wanted to see them and yet we wanted to take this step so that the loan, Sunshine State Pool committee could go ahead and act on this, always subject to this Commission of finally approving the terms and conditions and getting a very firm commitment from the Off Street Parking Authority that they're going to take 70 percent of the space and they're going to commit to that. That's what we want to accomplish. I think that's what Commissioner Plummer wants to accomplish and that probably would get a majority vote from what I'm hearing. Mr. Rodriguez: On that - there is on April 27th. Mr. Cardenas: The other point that I think it's important, is your approving the loan agreement in form. You're obviously not executing it because we're not at that stage of the situation and you've been explained that you will accept the loan agreement in form. The loan agreement, if you read it in total, does not go into our deal whatsoever. It's a loan agreement which is a loan agreement form. You're agreeing as to that loan agreement as to that form in the event you proceed. Mayor Suarez: I've got an idea, I've got an idea because I think Commissioner Plummer has trouble with the implications of approving this, so why don't we table the item. If you come up with wording that satisfies him, a motion would be in order. Otherwise, I think at this point, a motion is not going to pass anyhow. Ms. Maer: I just need to point out for the benefit of the Commission that your approval today is more than a pro forma approval of the form of a document. Today, if you were to approve this item, you would approve the loan agreement in substantially the form attached to this resolution and authorize the City Manager to execute the loan agreement itself and all incidental matters necessary in order to close and draw down the money before June 1. There's no additional City Commission meeting scheduled in May. Mrs. Kennedy: It's a green light. Mr. Cardenas: Yes, well, no, because you can do all that and if when we come up with the two agreements that you're supposed to approve, if you say no to that, what's the down side. Ask the City Attorney. Mrs. Kennedy: Well, you're telling us it's not binding, Sergio is shaking his head and saying that it is. Mr. Cardenas: Right... Mayor Suarez: What would happen if we... Mr. Cardenas: ... well everything she said is correct, but what I'm trying to tell... Mayor Suarez: What would happen if we go through, wait, Al, we're going to pose that question. That's what you want us to do, right? Mr. Cardenas: Yes, sir. Mayor Suarez: Thank you. Mr. Cardenas: That's right. Mayor Suarez: Suppose we did all of that and then the agreements came in from the developer and •they were not something that we felt that we wanted to approve? What would happen at that point? Will we have some monies already drawn down from the Sunshine State Pool? Ms. Maer: My understanding, from talking to the financial people involved and to our bond counsel is that we would draw down and close on the funds before June 1 and then they would essentially be held in escrow until such time - for a period of time within which this City could... 30 May 19, 1988 ot P Mayor Suarez: OK, does it make sense to condition then the approval of this knowing that all that's going to happen and subject to final Commission action when we see the form of the actual documents, from your opinion? Ms. Maer: My problem with that is there's a clause in this loan agreement which says basically that there's a reasonable certainty that we're going to go forward with this deal. And in good faith, I can't recommend... Mayor Suarez: Can that clause be eliminated? And we're now marking up the document to maybe satisfy Commissioner Plummer's concerns and those of the rest of the Commission. Ms. Maer: We can discuss that. I'd be happy to discuss that with counsel for the Sunshine Loan Commission and see if they would agree to close under that... Mayor Suarez: No, I meant can we do that now. I mean, if we have to do it some other time, we have no more Commission meetings before June 1st. Mrs. Kennedy: Five of five. Mr. Rodriguez: My understanding is that you cannot put a condition like that. Mr. Cardenas: Right. Mr. Plummer: You cannot? Mr. Cardenas: I agree. I think if you remove the reasonable expectation clause, you're in essence not... Ms. Maer: Right. Mr. Cardenas: ... proceeding. Mayor Suarez: Let me ask a question, Al. Commissioner Plummer, for a majority here, would you be satisfied if, in the next, whatever amount of time we got a written commitment, not a letter of intent, from the Off Street Parking Authority as to the 70 percent and from the executive director who binds the authority as to their intent to occupy and be committed to 70 percent of the space? Mr. Plummer: Mr. Mayor, I would be willing to go forward with the presentation of the application, still reserving my right to argue about the project itself. Mayor Suarez: I think you would be still reserving that. Mr. Plummer: OK, well it's got to be understood. Mayor Suarez: But the funds might be approved by the Sunshine State Pool and find their ways into our accounts and be sitting there in an escrow account pending our final action in June. Mr. Plummer: Well, you know, as I go over this thing, and I'm not going to try to rehash it today, I somewhat agree with Commissioner De Yurre, I don't mind obligating the City for 10,000 square feet, but not that we have to use it ourselves. If we get an administration building, we could sublease it. Now... Mayor Suarez: Well, yes, that's understood, I mean, if we're obligating... Mr. Plummer: No, it's not. Mr. Rodriguez: You could do that to a public body but you cannot do it to a private individual. Mr. Plummer: See, there are conditions. Mr. Rodriguez: The only public body - that's part of the condition because these are tax exempt bonds and you cannot do it. The only way you could do it will be to another group like DDA or some other... 31 May 19. 1988 4P P Mayor Suarez: yes, I mean in... Mr. Cardenas: University. Mayor Suarez: But that does limit the universe of tenants. Mr. Plummer: You mean take Roy Kenzie out of his penthouse? Mr. Rodriguez: Well, I mean that as an example. Mr. Plummer: God forbid you should even speak of that! Mr. Rodriguez: But I want to make sure again that you understand the limitations and even when I don't live in the City of Miami, I do care a lot for the City of Miami and I think that's what I'm trying to bring to your attention. Mayor Suarez: Next year, we would appreciate your payment of taxes equivalent to what you pay in the county to the City of Miami as further proof of how much you care about us, how about that? Mr. Rodriguez: Let's talk about salary increase then. Mayor Suarez: Without an equivalent salary increase. Mr. Plummer: We will definitely talk about salary decrease. Mr. De Yurre: I'd like to - Sergio, one question. If we approve sending the package for the loan, is the loan contingent on that 70-30 split? For example, you know, if we end up saying, listen, which is my position, you know, I will not vote for anything wherein the City of Miami has to commit to any square footage. And if it comes down to somehow it can't worked out, well maybe you got the three votes here already, maybe you don't need my vote to get this through. I don't know. But to get my vote, there has to be that situation created that we're not committed to any space there. If we change that, does that void the loan package from Tallahassee? Mr. Rodriguez: Again, this is a City application and we're obligated for the whole term of the amount that we borrow which is 100 percent. Mayor Suarez: As to the borrowing, but he means as to the project itself and who would be occupying it. Mr. Rodriguez: I think that we'll be limited to the amount that we show in the exhibit of the amount of cost that will cost us to do the project which is attached to your resolution which is exhibit 2, whatever I mentioned before on the record, you know. And also, to pay the loan, we're saying in our application that we are using the rent to pay for it. Mayor Suarez: I guess what he's saying is, if somehow we could work out a deal after all this happens that all of a sudden we don't have to take the responsibility for the 10,000 square feet. Would that void in any way the loan documents? Mr. Rodriguez: The only thing that again... yes, it is... Mayor Suarez: We could always substitute, couldn't 'we, another obligation? Mr. Rodriguez: It is possible that you can work out that deal but the City will be responsible for 100 percent. If we don't work out that deal, we are responsible for it. Mayor Suarez: We're responsible for the money because we're borrowing it. Mr. Dawkins: And if Off Street Parking does not take a one square foot, we're responsible for the money. Mr. Rodriguez: Right. Mr. Plummer: Let me... 32 May 19, 1988 C,i Mr. De Yurre: No, there ain't going to be no more Off Street Parking. Mr. Cardenas: You're not going to go through with the deal if you don't have an agreed upon deal with the Off Street Parking Authority. You'll never have that loan deal because you won't proceed. Mr. Plummer: God forbid if the Off Street Parking Authority went broke. What happens? Mr. Rodriguez: We're responsible. Mrs. Kennedy: We have the responsibility. Mr. Rodriguez: Again, I mentioned before, in a previous meeting... Mr. De Turre: Let me suggest something, Sergio. Mr. Rodriguez: Ten, sir. Mr. De Yurre: Maybe this can work this other way. I am not opposed to picking up the debt service for the cost of improving the hall, the theater. If we can, somehow, work something along those lines to where we commit to the debt service as far as repairing the hall and not committing to any space in the building, then I might... Mayor Suarez: Commissioner, realistically, once you hold that idea in case this whole thing falls apart and we try that, I mean, there's no way we're going to be able to make that change today. I mean, that changes the entire concept that's it's taken two and a... Mr. De Yurre: Well, but the thing is, I'm not going to - you know, if you got the three votes, you know, I got no problem with that. Mayor Suarez: I know, I know, but if it doesn't pass, we may have to resort to that. It's an interesting idea that the Commission - but it voids totally everything that we've negotiated so far with Landmark Associates, I believe. Mr. De Yurre: Well, I'm just throwing that out. Mayor Suarez: I think it makes a lot sense from a public policy standpoint. I just want to make sure that this falls through and then we go to that. OK, Commissioner Plummer, do you want to try that and try in a half hour to see if... can you come up with something in a half hour? I won't even try it if he's not going to go along with it because we're not going to have the three votes. Mr. Plummer: I don't think you can do it in a half hour, Mr. Mayor, simply because I'm talking about a legal document, signed by the authority. Ms. Maer: It would have to be approved by his board. Mayor Suarez: He's the executive director for the authority. Mr. Plummer: Well, he can't sign for the chairman. Ms. Maer: It would have to be approved by his board. Mayor Suarez: But no, acting on the board's prior resolution which, I think, is a heck of a lot more firm than what he has in this letter of intent. Mr. Mulvena: They authorized me to enter into the interlocal agreement with the Manager. Mayor Suarez: Well, let's put it this way, let's table it for a half hour. If you come up with something and he's interested in, we'll revive the issue and Al, you're just going to have to wait a half hour, that's our last try at this. All right, Commissioner? Mr. Plummer: Fine. Mr. Dawkins: How many square feet are in Gusman Hall? 33 May 19, 1986 yr. Mulvena: It you count+ of course, the lobby, ground floor, mezzanine, the balcony, etc., it's 00,000 plus. Mr. Dawkins: Eighty thousand? yr. Mulvena: Right. Mr. Dawkins: Well, then, like Commissioner De Yurre said, if we're responsible for 10,000 square feet, we're 60 over. Mr. Mulvena: You see the point is, Commissioner, it doesn't generate any money to help you pay back the debt service. The thing... Mr. Dawkins: Well, that's why we're getting out of it. That's why we're going down there. Mr. Mulvens: Teo, but see the point is, if we both share in the building, the building will generate money to pay our debt service collectively. Whatever you put in the theater, will not get anything back. Mr. Dawkins: Not necessarily. Mr. Plummer: What happens if the letter you sent me today, if you don't get the eight hundred and seventy some thousand from the state? Mr. Mulvena: Oh, that's not related. Mr. Plummer: It's not related to Gusman Hall? Mr. Mulvena: Oh, it's related to Gusman Hall but it's not related to what this group... Mr. Plummer: How's it related to Gusman Hall? Mr. Mulvena: Well, one has to do - well, the proposal here has to do with the infrastructure and carpeting... Mr. Plummer: Well, what's the $870,000 to be used for? Mr. Mulvena: It has to do with the expansion of the back stage area. Mr. Plummer: You mean up and beyond this $7,000,000? Mr. Mulvena: This is a separate - remember, we used the Flagler Landmark as the base mark and... Mayor Suarez: Yes, that would... Mr. Mulvena: And reno... yes. it's an old theater. Mayor Suarez: ... change the configuration of the actual backstage and everything else. If it can be obtained. Mr. Mulvena: It's an old theater, J.L. It needs a lot of renovation and the 1 point some million is going to... Mayor Suarez: Take your half hour, if you can come up with something better, give it to Commissioner Plummer and we'll take it up. Mr. Mulvena: We'll try to find a legal instrument for you. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 34 May 19, 1988 8. DISCONTINUE FUNDING TO THE SOCIAL ACTION AGENCY FOR TRANSPORTATION OF FOOD TO THE NEEDY. ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. De Yurre: I requested, in fact, this Commission requested last week that we bring up the issue of the Social Action Agency today, and I believe we gave them a week to come up with some evidence to refute the recommendations or what was brought out last week as to finishing up with that program. Mr. Plummer: Mr. Mayor, just for the record, once again, I want to announce that unfortunately, I do have to leave at 7:00 o'clock. I will come back at 8:00 o'clock if necessary, but I do have to leave at 7:00 o'clock, or a few minutes before. Mayor Suarez: OK, thank you, Commissioner. That's important for anyone that might need a full Commission on the Planning and Zoning agenda, or might think they would need a full Commission. Mr. Odio: Mr. Mayor, to put on the record, pursuant to the City Commission's instructions at the May 12th meeting, the Department of Internal Audits and Reviews has tried to obtain documentation to substantiate Mr. Gene Sanchez', board member, Social Action of Little Havana, comments regarding monthly deliveries exceeding 1,000. However, Social Action Agency has not provided any additional documentation and therefore, the other report, reflecting two hundred deliveries, will stand as issued on May 10, 1968. In an attempt to obtain the additional documents, the auditor spoke to Mr. Rafael Lopez, executive director of S.A.L. and he agreed to deliver additional documentation by Monday, May 6, 1988. In addition, Dr. Hattie Daniels, acting director of DIAR, attempted to extend the deadline to noon, Tuesday, but she was unable to reach anyone, since the phones were busy, or unanswered. Since the May 12th meeting, the Department of Internal Audits and Reviews has obtained the following information concerning SAL and its employees. Number one, the State of Florida, Department of Health and Rehabilitative Services, site visit report dated May 16. 1988, and the Miami Herald's May 18, 1988 article, "Fraud alleged in meals programs," quote, unquote. This article lists Rafael Lopez, executive director of SAL as the person involved with the allegations concerning the Senior Centers of Dade County, a separate entity from SAL hot meals program. Mr. Lopez was the statistician for Senior Centers. The above mentioned items attached for your review, we are sending this to you right now. Because of all of these reasons, we stand by our recommendation that we cancel any more loans or grants to this program, and that we let the HRS and the Internal Services Department of Police Department continue with their Investigation of any criminal wrongdoings if they were so. Mayor Suarez: Let's hear it from your side since you would be the affected party and presumably, if we took that action, Carlos, you would be happy, Gene. Mr. Gene Sanchez: Basically we answered we provide the breakdown of the meal, I mean, of the food deliver and that breakdown, I thought that that was our contention. We will bring it to anybody with the documents. I am sorry, I thought it was - ours was to respond to the fact that we were serving 200. We provide, in our answer... Mayor Suarez: On that issue, how did - what did we finally conclude, how many people were being served? Did we agree with... Mrs. Kennedy: Let's get all the numbers. Mr. Odio: They allege... let me answer, excuse me, Mr. Mayor, he said... Mayor Suarez: But all we need is a number. Mr. Odio: Number... they serve... 35 Hay 19, 1988 Mayor Suarez: They're saying they're serving like over 2,000. We're saying they're serving 200. I mean, that's a factor of ten. `what do we think now? Mr. Odic: That's correct, they said that they were serving a thousand and they only can prove that they serve... Mayor Suarez: Oh, I've heard five and I've heard two and a half, never heard one thousand. Mr. Odic: In our report, they told us that they were serving one thousand and we can only prove that they have served 200. Mayor Suarez: Well... don't get into the thousand. They said here at this Commission last time, 2500. Mr. Odic: They can say anything they want, I mean, you know, but... Mayor Suarez: That's the whole point, that's even a bigger discrepancy. Mr. Odio: They have only served 200 people, Mr. Mayor. They cannot prove they have served any more than that. Mayor Suarez: OK, well... Mr. Sanchez: Mr. Mayor, again, the figures are in there. We have signed documentation for each one of those figures. I am not going to... Mayor Suarez: Now many are you saying now that you were serving or are serving? Mr. Sanchez: We start serving.... Mayor Suarez: At this particular point, how many are you serving? Mr. Sanchez: In the month of March, we served three thousand one hundred... nineteen. I can prove... Mayor Suarez: That's what I mean. So the discrepancy is even bigger, let's hold them to the three thousand one hundred. You're saying that we can only document two hundred? Mr. Odic: That's all, Mr. Mayor. Mayor Suarez: One fifteenth of the number? Mr. Odic: That's all, Mr. Mayor. And they were not... Mayor Suarez: You know, let me ask you a question, Gene. If you can maintain your status and your relationship with HRS, with the non profits that give you food, why don't you just charge the 3,500 people a couple of dollars to deliver the stuff and you've got your $30,000 that the City... I mean, why do you need the City? We're only - how much was the total grant, wasn't it $30,0007 Mr. Odic: We have $9,000 left to issue or... Mayor Suarez: Nine thousand left of the thirty? Mr. Plummer: Well, now, wait a minute now. The total grant that this City committed itself for was, I recall, was seventy-five. Mayor Suarez: Wasn't it thirty? Mr. Sanchez (OFF MIKE): Seventy-five, that is original. Mr. Plummer: What we did was we only had money for six months. We said, go for the six months, we'll make it a try, we'll see what the results are and if, in fact, demonstrate it, they can come back and reapply for the other half of the loan. So the original commitment was seventy-five thousand with only half of it up front. 36 May 19, 1986 Mayor Suarez: Thirty=seven five, the way I look at it, if we made a commitment for six months. Mr. Plummer: That's correct, OK. Mayor Suarez: And how much of that is left to be paid to them? Mr. Odio: About $9,000, Mr. Mayor, that we froze. Mrs. Kennedy (OFF MIKE): Nine thousand. Mr. Plummer: No, of the thirty-seven five. Mr. Odio: Of the thirty-seven five. Mayor Suarez: Of the thirty-seven five. Mr. Plummer: Yes. Mayor Suarez: So twenty-eight, roughly, have been paid. Mr. Odio: Yes. I think that that's sufficient. Maybe - we are asking for a reimbursement, by the way, and they're going to have to pay us back. Mayor Suarez: I mean, if you have thirty-five hundred people and you've got $9,000 left for this Commission to give you, that's like $3.00 per each one of your members. If they want this program so badly, they can pay you the extra $3.00. Mr. Sanchez: They can... they cannot, that is the situation because it has been stated... Mayor Suarez: To get free food delivered to their homes. Mr. Sanchez: Mr. Mayor, I agree with you but that is... Mayor Suarez: If you have thirty-five hundred. If you only have two hundred, then you have to charge them a heck of a lot. Mr. Sanchez: No, no. No, no, we do have. Mr. De Yurre: Mr. Mayor, I'm ready to make a motion. I move that we adopt the recommendation of the City Manager and that proceedings for reimbursement be started. Mayor Suarez: Now, are you saying that you want to try to collect the money we have given them? Is that what you mean? Mr. De Yurre: That's right. Mr. Plummer: What's the... Mayor Suarez: I can't support that. Mr. De Yurre: If there's any way that if after evaluating the situation, the City Manager can determine that part of it, or all of it or any part of it can be collected... Mayor Suarez: I'll vote to stop all funding but not to start any proceedings for reimbursement. Mr. Plummer: What is the reimbursement for? Mr. Odio: Well, they disallowed expenditures. The other disallowed expenditures totaling 42,317.46 for two employees. The clerical employee earned two thousand sixty, ninety-six for unsupervised and questionable work performed in her home for two and a half months, her total employment period. The executive director, Quinn Dorsey, clerk payroll checks. I feel that that's... Mr. Plummer: I was so clear when this motion passed. I couldn't have been any clearer, that these monies were to be used only for the delivery of the food. 37 May 19, 1988 L Mr. Odic: That's why we want the money back. Mr. Plummer: For no other reason. Now, in God' name, was money dispensed for other reasons? Mr. Odic: That's why we want the money back. Mr. Dawkins (OFF MIKE): Why did you give the.... he's asking, why did you ever ....... Mr. Sanchez: It was not spent for other reasons. Mr. Plummer: I'm asking, why did you give it to him if it wasn't for delivery? Mr. Odic: We gave it to them with the understanding what it was to be used for and they did not use it for what we told them they could use... Mr. Plummer: Ah, that's a different story. Mr. Odic: ... therefore, we want the money back. Mr. De Yurre: That brings me to another question. Frank, Frank, what kind of control does the City have once money is distributed? Mr. Odic: The only control we have, Mr. Commissioner, is that we have to audit constantly to make sure that they're following the procedures outlined in the agreement. If they violate the agreement, then they will have to reimburse. Mr. De Yurre: Is the audit a regular procedure that happens all the time or do we have to bring it before the Commission like happened here and then we started running around to see what the hell happened? Mr. Odic: It's a regular procedure when we issue grants, that they're... Mr. De Yurre: When were they supposed to have been audited then? Frank? Mr. Frank Castaneda: At the end of the year, Commissioner. Mr. Odic: At the termination of the agreement, they would have been audited. Mr. De Yurre: So, at the end, there's no interim... Mr. Castaneda: No, no, there is monitoring and the money is given on reimbursement basis and so forth. Mrs. Kennedy (OFF MIKE): If there is monitoring, then why did this happen? Mr. De Yurre: Well, explain to me the monitoring procedure because I want to know what happened here. Ms. Francens Brooks: OK, Commissioner, several things actually happened. With every agency that funds are allocated to, the agency has to provide the City with a number of documents, both the line item budget and insurance that names the City as additional insured, bonding to cover the amount of maximum cash they would have at any given period of time from the City. There are a whole list of documents that they have to provide us with. When they provide those measures, funds can be advanced to them and provided with them in accord with the terms of the agreement. Now, in the case of Social Action, the agency was always... I guess we always knew that they were in a short cash position so monies were advanced to them. The... Mr. De Yurre: With the Commission's approval? Ms. Brooks: It's part of the normal procedure where the City will permit, under any circumstances, with all that agencies that we contract with to provide them with an advance if they demonstrate that they need an advance to operate the program. Mr. De Yurre: What happens if the Commission denies the funds? 38 May 19, 1988 0 0 Ms. Brooks: Well, if you - see, this is after the point of allocation, and you had allocated the money, the money had been allocated. Mr. De Yurre: So then, what you're telling me is that no money was given prior to this Commission approving the funds? Ms. Brooks: Right, exactly, exactly. Now, the other thing that happens though in this particular case - I just wanted to clarify a point was that when the agency made their proposal to the Commission, true, they did request $70,000. And when the Commission allocated those funds, that was the amount that was available and the impression was given that they were going to apply to other sources of funds, Dade County, the City of Hialeah because the programs served countywide and the amount that the City provided was viewed as a portion of that funding. The agency was never able to obtain the additional funding, so they never had a full, you know, cash position. The salaried positions that were part of the budget were viewed as needed to deliver the food, OK? And because that had been disallowed though by Internal Audits, relate to several different factors. One, where we found out in the course of monitoring the program and in meeting with other agencies, of different things that had come up where the agency had either received money in reimbursement for a portion of salaries through another source or that, in fact, they were charging the delivery cost but you couldn't charge them this delivery cost. So, if these particular things came up, we either met with the agency or - well, we met with them and they resolved or changed around, you know, some of their procedures to try to resolve it. So as part of our - this is addressing the whole comment regarding monitoring, monitoring is normally done on a quarterly basis. The agency has to provide us with reports and we do on site monitoring at least twice a year. But the term of this contract was much shorter than our normal contract... Mrs. Kennedy: Yes, in this case, it's totally different. Ms. Brooks: ... and in this partic... right, in this particular case though, where we work with a lot of other different agencies, sometimes information comes to us in many different ways. And so as we're aware of that, we bring it to the agency's attention and we attempt to work out the problems. The... Mrs. Kennedy: But in this particular case where you can't monitor twice a year, what were your proceedings? Ms. Brooks: Well, what happened here, this is something that happens - see, the City, while true, we advance money to an agency so that they can have adequate cash flow and we recover the advance based on the invoices they present and we require original invoices, we require very specific documentation, but it presumes that the documentation that's provided to us is, in fact, accurate. What happened here in this case, I think, is that the documentation was fine, it met our needs, but the agency had received monies from other sources which we would not be aware of until the point of an audit. You see? Mrs. Kennedy: What sources were those? Ms. Brooks: OK, one source was monies that came through the Private Industry Council, through Lutheran Ministries as a reimbursement to them for a portion of salaries, like through the regular job training programs. They were for training of one, two or three of the staff and in our case, the salary periods, I think, crossed on one or two of them. On another case, we were not aware of other funds, another grant. In fact, the grant that the agency received from the state, but we did find out about it, but that had not been disclosed to us. Mrs. Kennedy: How much was that? Ms. Brooks: The actual grant amount was what? Fifteen thousand, even though they may have not received the total amount, but in all of this, it presumes that the information that an agency provides to us is accurate and I think this... Mr. De Yurre: Well, I don't think that we can assume that to tell you the truth. 39 May 19, 1988 Ms. $rpoks: ... you know, this is an isolated case, because we have 25 or 30 agencies. We've never had anything like this happen before. Mr. De Yurre: Let we ask you something. How many of the agencies - you get these reports - how many of these agencies do you go verify the information you get? Ms. Brooks: We verify it on a random basis, and, as I say, most cases, at the point of audit and that's the reason for the audit. If the grant amount exceeds a certain amount of money. For all grants over $25,000, the agency is required to provide to us an independent audit done by an independent outside auditor. However, the City, we can go in and audit them at our discretion if, you know, time permits. For all of those under twenty-five thousand, the City department of internal audits automatically does it. However, from time to time, we have requested audits of agencies above the twenty-five thousand. What happened here though was that as s result of an issue, an audit was ordered earlier because normally, the audits are done, as was mentioned, after the contract period ends and the agencies have a particular period of time in which to send those in. Now, the period, I think, is 120 days after the contract expires and in the case of internal audit, it's part of their workload for the following year. So, those amounts that they disclose are, in fact, audited, either by an outside auditor and/or by the department of internal audits and reviews. So, it's a normal procedure... Mr. De Yurre: The monitoring that you were talking about, isn't it a fact that monitoring started after this situation arose here before the City Commission? Ms. Brooks: Yes, and that's not unusual. Because, again, the terms of this agreement was very short. This is a six month contract. Though we met with the agency, we had done spot monitoring, you know, different on site monitorings or as other things became - information was revealed to us, we followed that with the agency. Mr. De Yurre: The audit... Ms. Brooks: We prepared a, you know, a very detailed, I guess, analysis of that as part of our monitoring. But, of course, that would not be a part of the internal audits report. Mr. De Yurre: When you're talking about an audit, are you talking about numbers or are you... Ms. Brooks: I'm talking about programatic as well as just an overall agency analysis. Mr. De Yurre: Do you have somebody go out there and see what's happening and follow up of just like we did here? Ms. Brooks: Yes, yes. Right, exactly. Mr. De Yurre: You know, find out who this employee is. Does that person work... Ms. Brooks: Yes. Mr. De Yurre: Does that person get the check? Is that the follow through that we have on this? Ms. Brooks: In this particular case, we did exactly that. We interviewed all of the employees, we looked at all of their records and, similarly, were not able to document the number of individuals that the agency had reported to have served. The documentation was sparse. Mr. Plummer: Question. Mrs. Kennedy: Yes. Ms. Brooks: So, you know, we do monitor then, to answer your question. Mr. Plummer: Is any agency allowed to deal in cash? 40 May 19, 1988 Ms. Brooks: In what regard? Mr. Plummer: In any regard of any of the City funds? Ms. Brooks: Yea... well, most of them, if they have, as part of their Internal controls and their procedures, a petty cash fund, yes. Mr. Plummer: Don't... Ms. Brooks: In their case, they received cash for the deliveries, yes, they can do that, yes. Mr. Plummer: But I mean, don't you go out and check canceled checks? No. Brooks: Yes, in fact, they have to submit canceled checks to us. They are not required for payment but they have to submit within 60 days, canceled checks. Mr. Plummer: Well, sixty days, all the money's gone. Ms. Brooks: That's true. That's true, that could be true, yes. Mr. Castaneda: You know, you have to assume that you're working with people that are honorable people. I think the biggest problem that we had here, especially two things, one that... Mr. Plummer: If we assumed that at all times, we'd have no state prosecutor, no Janet Reno, no grand juries, no nothing. Mr. Castaneda: No, no, but you have to - now let's flip the thing to the other side. At one time, we wanted to request canceled checks before we provided reimbursement. Every agency said, you're crazy, you're killing our cash flow. So that, you know, that's the two sides of the coin. If you do that, you're hurting the good agencies and if you don't do that, you got other problems. I can think of, you know, millions of times in which the Manager has called me saying, gosh, you know, get money out to these people and so forth because, you know, they need the money, they're starving to death and we have to get the money out to people, you know. Mrs. Kennedy: OK, Frank, let me ask you something. Here we have... Mr. Castaneda: No, not millions of times. Mrs. Kennedy: Sometimes - we have a case where the City gave them $35,000, where the county gave them the building, where the state gave them a $15,000 grant, the food, in its majority, was donated, is this correct? Mr. Castaneda: Yes, all the food was donated. !Mrs. Kennedy: OK, so the money specifically want for what, salaries? Mr. Castaneda: The money basically went for salaries. Now, the problem in this particular case is that there were two funding sources that we were completely unaware of. And that was the big funding source that paid part of their salaries for some employees and the Florida state. Mrs. Kennedy: How much was the big funding source? Mr. Castaneda: They provide about... Ms. Brooks: Well, there were a total of three employees salaries involved for different periods of time, but our amount.... OK, they had gotten a total of $1500 from Lutheran Ministries but i think that in terms of the actual pay periods that were duplicated, there was one that totaled, what was it a hundred... Mr. Carlos D'Mant: Actually, it's 40 percent of their salary. Ms. Brooks: We disallow one pay period. But see, the other part of the problem with that was that the money that they got from Lutheran Ministries was not disclosed and we required the disclosure of all funds received for a project. 41 May 19, 1988 Mayor Suarez: I'm ready for myself, I don't know about the rest of this Commission... Mrs. Kennedy: So arm I. Mayor Suarez: ...but I'm heady to take attion on this. I presume there's a consensus by this point that we should not continue funding, and if so, I'll entertain a motion to that effect. Mrs. Kennedy: I so move. Mayor Suarez: So moved. Mr. De Turre: I'll second. Mayor Suarez: Second. Any further discussion on that? Call the roll. Mr. Plummer: Yes, under discussion. Mayor Suarez: Commissioner Plummer. Mr. Plummer: Mr. Mayor, under discussion, I'm assuming that at this point until this matter is totally concluded, it doesn't preclude... Mayor Suarez: It does not preclude the possibility of... Mr. Plummer: ... that if everything comes out clean and clear, that they could not come back to this Commission. Mayor Suarez: Absolutely. Mr. Plummer: OK. Mayor Suarez: I accept that for the movant. Does the second accept that? Mr. De Yurre (OFF MIKE): Yes. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Kennedy, who moved Its adoption: MOTION NO. 88-467 A MOTION TO DISCONTINUE FUNDING TO THE SOCIAL ACTION AGENCY (FOR THE TRANSPORTATION OF FOOD BY SAID AGENCY TO THE NEEDY); WITH THE PROVISO THAT IF THERE IS A FINAL DETERMINATION ON THE MERITS OF THIS ISSUE IN FAVOR OF SOCIAL ACTION AGENCY, THAT THEY SHALL BE ALLOWED TO COME BEFORE THIS COMMISSION TO REQUEST FUNDING. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer,'Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I would suggest, Commissioner, on the issue of any reimbursement that the City might get, that we wait for the Manager to make a recommendation to us. It might cost more money than we would be able to get back... Mr. Plummer: And fully documented. 42 May 19, 1988 I Mr. De Yurre: 'Well, that's what I want. You know, if he feels that there's any money that can be recovered then to let us know and then we'll act on it. Mayor Suarez: I mean, aside from a policy question of whether they have really put themselves in a position by these actions that it would make sense for us to try to recover legally which I'm not convinced of but, I mean, at some point you can get back to us on that, can't you? Mr. De Yurre: Thank you. Mayor Suarez: Thank you everyone. Mr. Carlos D'Mant: Can I just... Mr. Mayor, I just want to thank you for - because due to our coming over here... Mayor Suarez: You don't need to thank us, we thank you. Bye. Mr. D'Mant: No, I thank you very much because I know - I'm sorry, if I may, I see now clearly now what I understand is that justice has prevailed. I told those things March the loth, when we denounced these things. Now how much - I will ask Mr. Plummer - how much would they charge to the Maurice Ferre headquarters for giving the food? They haven't say that. Mr. Plummer: I don't know. Mr. D'Mant: And how much did they charge Mr. Al Gutman, the state representative, to political rally that they have, they gave food. They didn't say that. Mayor Suarez: But aren't those things that you have referred to the state attorney for investigation or HRS? Mr. D'Mant: Yes, but it doesn't... yes, I did, I did, that's what I... Mayor Suarez: OK, they will act on it, Carlos. Mr. D'Mant: That's what I want to thank you all. But I don't know if they're going to give the chance to these people that have been investigating from the HRS and the internal security of the police, and the FBI to give the opportunity to get money again. That's what I don't understand, but I thank you anyway, I thank you. Mayor Suarez: You thanked us, you're welcome. 9. DISCUSSION CONCERNING MONIES DUE TO THE CITY FROM UNCOLLECTED TAXES. (SEE LABEL 31) Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. De Yurre: I would like to discuss something before we get into item 1 because my vote on this issue depends on what I would like to discuss. Mayor Suarez: Please. Mr. De Yurre: And ever since Monday, I've been dealing with the City Manager and Carlos Smith and a number of people with reference to a memo that was sent from Manuel Rodriguez to Mr. Chhabra dated May 16th and in that memo it states that, as per Dade County records, the City of Miami is due and owing the sum of 7.8 million dollars in back taxes and there have been memos and counter memos and counter, counter memos and I would like to get a picture, not only for myself but for the Commission, to get understanding as to what is going on. I would like to hear from Mr. Garcia who also spoke to me the other day on this issue and also Mr. Rodriguez who prepared the memo as to, you know, what is going on here with this. 43 May 19, 1988 r f Mrs. Kennedy: Let me just ask you a question, is this the same audit that the Manager requested some time ago or is this something new? Mr. Odio: Yes, Commissioner, it is the same audit. We ordered, as part of the reviewing of all of City revenues for the last two years and a half. A year and a half ago I ordered an audit to be taken of property taxes and personal taxes collected by the county which have the responsibility to collect taxes for us and to assure that we were receiving all the taxes that are due to the City of Miami. Not only are we doing that, we're also reviewing, property by property, to see if there have been additions added to those properties and that they're not being assessed so that we can report it to the assessor so that we can get our taxes. We're also doing - since four months ago, I asked Mr. Chhabra to personally start another review on property taxes. To that process was assigned Mr. Rodriguez; and to my surprise, I saw a memo floating around Monday because that's not the proper procedure of the City of Miami. The procedures in the City of Miami, as far as audits are concerned, we are very careful because we have to have a complete report with all the data: before we can come up with conclusions. I'm giving you a preliminary that we were holding up because we were still documenting whether those numbers were correct or not. It is a fact that we probably owed $7,800,000 - I said probably because through the audit that we are doing now, maybe we can find more, maybe, I don't know. But that's why I asked for the audit and, by the way, it's the first time in the history that I can remember that has been done. So the procedures are that once the audits are completed, we would have released the report to you informing you of what we had found. Hopefully, we're looking for more revenues, that was the intention of. As far as the $7,600,000 that are alleged to be owed, they do appear in the books, as I said, there could be more. Three and a half million of those are probably never going to be collected because they're personal taxes and we've been told by the tax collector office in the county that they will never be collected. Mr. Plummer: Is that the same? Mr. Odio: Of the balance of that money, four and a half I believe it is, we might have a chance. Through the proper procedures followed by the county which is to sell the liens in front of the court house steps to recuperate a million dollars. And we knew that and it is in the budget of this year's projections of revenues. A million dollars of back taxes. Mayor Suarez: When was the last time that we got some of the monies from sale of tax liens or certificates? Mr. Odio: I believe it was last year before... Mr. Carlos Garcia: Well, we have the sales tax scheduled for the first week of June. Mayor Suarez: That's not my question. Mr. Odio (OFF MIKE): When was the last time? Last year. Mayor Suarez: When was the last time we got any monies from sale of tax liens for taxes from the City of Miami? Mr. Garcia: June of last year. Mr. Odio: June of last year. Mayor Suarez: Now much vas it? Mr. Garcia: I don't have the exact figures, I think it was about a million six, what we collected in delinquent taxes last year. Mayor Suarez: By the way, what happens to the money that is... Mr. Dawkins: Pardon me, Mr. Mayor... Mayor Suarez: Go ahead, Commissioner. Mr. Dawkins: Was it delinquent real estate tax or was it delinquent garbage tax? 44 May 19, 1988 Mr. Garcia: Delinquent real and property tax, no garbage tax. Mr. Odic: No garbage tax. Mr. Garcia: No. Mayor Suarez: My last question and everybodys going to want to ask a lot of questions on the procedure after the sale of a tax certificate, after the two year period called for in the law, if the monies that come in exceed the amount of taxes owed, who does the rest of the money go to? Mr. Garcia: To my knowledge, they do not exceed the amount of taxes owed, Commissioner - Mr. Mayor. Mayor Suarez: No, when something is sold at the court house by auction, it could very well exceed, and most of the time you hope it exceeds the amount owed by lien, but, anyhow, it doesn't matter. It obviously doesn't go to the City so it must go to somebody, maybe the owner of the property or the purchaser of the tax certificate, I don't... Mr. Garcia: My understanding is, the liens are sold for their face value, from there on, they accrue 18 percent interest. Mr. Odic: So... Mayor Suarez: That's right, no, but I mean, when the property's sold, OK. It doesn't matter. Mr. Odic: So to conclude and I'll let Carlos add anything if he wish... Mayor Suarez: We need a real estate tax attorney here. Mr. Odic: We expect and projected so in the budget a million dollars of the lien sale in June. And we hope we can get more but that was a conservative projection. Out of that... Mayor Suarez: Of the amount outstanding now the 3.7 or whatever million it is - whatever it is in terms of millions of dollars, how much of that is resulting from taxes of 19... the last fiscal year, 1987, which is calendar year I guess, and how much from other years, do you know, 186, 185, 184? Mr. Garcia: My understanding, for 1987 it's about a million, seven, the amount that we have outstanding and the rest out from previous years. Mayor Suarez: Do you have any idea of the breakdown? Mr. Plummer (OFF MIKE): How far back? Mr. Odic: We could get you... Mr. Garcia: We have certain breakdowns... we have a particular breakdown related to an... Mr. Odic: The way this dates back, prior to 1981, so far as we've been able to compile, so it's an accumulation of over at least seven years, it is projected in every revenue projections we do, that we will lose 4.5 to 5 percent of the taxes every year. So, if we do better than that, we're doing well. We don't want that, we want to have a perfect record and we're trying for that. I believe that when we finalize this audit which will take a couple of more months because we are going property by property. We hope that we find some more revenues. Mr. De Yurre: Go ahead. Mr. Garcia: Commissioner, do you have a particular question? As you have in front of you, the memo that Mr. Rodriguez prepared indicates that the county of records show the City being owed 7.8 million dollars in delinquent taxes which we agree with that number. The second num... Mr. De Yurre: How do you come up with that figure? How do you verify that figure? 45 May 19, 1988 Mr. Garcia: That figure comes from Dade County's records, from the reports.... Mr. De Yurre: Nov do you verify that figure? Mr. Garcia: From the reports that we get from Dade County. And we... Mr. De Yurre: No, no, no. No, no, no. How does the City verify that 7.6 million dollars? Mr. Garcia: OK, the way we verify those records is by auditing Dade County's records which is in process now and we have a preliminary report for a partial audit of Dade County's record. At this time, there is an audit being conducted by Mr. Chhabra which Mr. Rodriguez was helping with. Mr. De Yurre: Right now, can you tell me whether you can verify today the 7.8 million dollars as being the true amount due and owing the City of Miami for delinquent taxes? Yes or no. Mr. Garcia: I cannot vouch to that myself but we rely on... Mr. De Turre: Do you, as the director of the finance department... Mr. Garcia: Right. Mr. De Yurre: ... responsible for this information, can you verify that amount on behalf of the City, yes or no? 1 Mr. Garcia: I can't, we don't have... Mr. De Yurre: Yes or no. Mr. Garcia: We don't have that detail of records. No, Commissioner. Mr. De Yurre: You can't then... Mr. Garcia: No, sir. Mr. De Yurre: ... is that your answer? Mr. Garcia: Yes, sir. Mr. De Yurre: You cannot verify. Mr. Garcia: I cannot verify it myself, we depend on... Mr. De Yurre: The City of Miami cannot verify it. It does not have the records to verify 7.8 million dollars... Mr. Garcia: No, sir, we don't have that detail of records to verify that number. That is correct. Mr. De Yurre: OK, so it could be more? It could be less. If the County says It's 3.S million, we don't have the records to verify it. Correct? Mr. Garcia: We don't have the records to verify it, that is true. But we are relying on the records from Dade County. Mayor Suarez: Well, we have access to information, we could verify it. Mr. Odio: Wait a minute. Mr. Garcia: We have record to those... Mr. Plummer: Writ a minute, wait a minute, you do have a record, you have a record based on the projection from the county as to the total amount of taxes that this City will receive. Then you have the check how much you got. And the difference is they verifiable, without any question. Mr. Garcia: Right. We don't have the records outself... i i 1 46 May 19, 1988 Mr. Odio: but we were not satisfied with that and, in answer to your question, I wanted to audit them. I want to make sure what they're telling us Is correct and we have been auditing them since before December. It's a very complex audit. We got 90,000 properties in the City of Miami... Mayor Suarez: Is it - let me ask you a question on that, is it one by one property or are you doing spot checking or... Mr. Odio: We're checking one by one, we already did a spot check on 117 properties which are the most important properties in the City. That is what you have in front of you. Mayor Suarez: Well you mean the largest. Mr. Odio: The largest. And now we're doing one by one. Mayor Suarez: A lot of us consider our own particular homes the most Important properties in this City, OK. Mr. Odio: ?es, I put money..... Mayor Suarez: And what happened on that spot check of a hundred and thirty some? Mr. Odio: I have it in front of you. I think that the auditor can... do you want to address? Mr. Garcia: We didn't find any exceptions in the 137 properties that were audited by the City, Mr. Mayor. We found no exceptions in the 137 properties which are the largest properties that were... Mayor Suarez: That's a pretty technical answer, does that mean that the taxes are paid on all of those? Mr. Odio: That means they were correct assessment... Mr. Garcia: That the property... Mr. Odio: ... and we were paid the taxes that were due to us according to the assessor. Mr. Garcia: That report... Mayor Suarez: And an interest depending on the month and everything else that they pay. Mr. Garcia: That report did not address the delinquent taxes report. It addressed the assessment of the properties, the collection of the taxes and the distribution to the City and that was found to be in order. Mayor Suarez: Wait, wait, wait, wait. How can it not address delinquent taxes and if it addresses the collection of the taxes? Mr. Garcia: Well, maybe I should let the... Mr. Odio: We're talking about the 137 properties, Mr. Mayor... Mayor Suarez: Right. Mr. Odio: ... we went and checked them out... Mayor Suarez: Right, are they fully paid with'interest? Mr. Odio: ...what is the assessment and they were paid and that's the report that you have in front. Mayor Suarez: So it does address delinquent. Mr. Odio: Right. Mayor Suarez: I mean, they're not delinquent as to those 137. you're telling us? Is that what 47 May 19. 1988 r e Mr. be Yurre: Is that for one year for 187 or are we going back in time? Mayor Suarez: Does that include all the way back in time or... Mr. Odio: It's the spot check that ve did first this year. Mayor Suarez: You said it was 137 of the largest properties in the City — Mr. Odio: 37 properties...that's right. Mayor Suarez: ... is it for 1987 taxes or all taxes that may be owed going way back? Ms. Hattie Daniels: No, no, it was just for what is current. Mr. De Yurre: for what? Ms. Daniels: And we looked at 137 properties, basically to see whether or not they were properly assessed to the tax rolls of the City of Miami and there was no discrepancy on that. But we were not looking at delinquent taxes. Mr. De Yurre: Were you looking at whether they had paid the taxes or whether the assessment was proper for that property? Ms. Daniels: We were looking basically to see whether or not they were properly coded to the City. Whether or not we were actually getting those monies that were due to the City of Miami. Whether those properties were coded to the City of Miami or whether that was going to Dade County or some place else. Mr. De Yurre: Did that audit tell you whether they had paid their taxes or not? Ms. Daniels: No. Mr. De Yurre: It didn't, so you don't know if they paid their taxes or not. Mr. Odio: No. That's the second part of the thing that Chhabra is working on now... Ms. Daniels: Is doing. Mr. Odio: ... to review every single tax in the City of Miami that were due, all the revenues that we have coming from taxes. Mr. De Yurre: You talked about a number of audits. I know something going back a year and a half or, you know... Mr. Odio: Yes, air, they... Mr. De Yurre: Well, what audit was that? Ms. Daniels: OK, we initially began this actually fall of '87, but we have been having some difficulty getting the records from Dade County, Many of the things that you're talking about requires us to actually look at Dade County records which they basically said that they had other auditors in there basically at the time and, therefore, did not want us to physically work with their particular records. So it was decided to do a limited audit and look at those 137 properties to determine whether or not things were properly coded to the City. The second part... Mr. De Yurre: Are you telling me are we just talking then about one audit? Ms. Daniels: This is the audit that we did in internal audits, the second.,. Mr. De Yurre: For the 137. Ms. Daniels: Yes, the second part of the audit is basically being done by Sujan Chhabra where he will determine whether or not those delinquent properties have been identified and whether or not we're getting the proper amount of monies and so forth. 48 May 19, 1988 Mr. be Yurre: How are we going to tell if they're delinquent properties? Ms. Daniels, Mr. Chhabra is working directly with Dade County, They're preparing a printout for him which he says will not be ready until the end of May or the first part of June so he's working directly with Dade County► Finance Department and Computers. Mr. De Yurre: When was that requested? Ms. Daniels: February, when he came back. Mr. Odio: That was - Mr. Chhabra started four months ago and he's been working full time in the law department in this audit because I felt that we needed to do that. And he has been assigned full time to that and that's where we assigned Mr. Rodriguez there to help him out. Mr. De Turre: So far then, no audit has been done to determine who owes what to the City. Mr. Odio: That's what we're doing now it has not been completed. Mr. De Turre: That has not been done. Mr. Odio: It is in the process of being done. Mr. De Yurre: OK. Ms. Daniels: OK, Commissioner De Yurre, you know, even what we have done so far is not complete. I think when both of these things have been completed, you will have all of the information that you're asking. One, whether or not all of the properties that belong in the City of Miami are properly coded to the City, that would be one answer. We'd also know whether or not they're at the proper millage rate, I think that Mr. Chhabra's working on that. We would also basically be looking at delinquent taxes, so those two audits that we're talking about together will have all of that information. Mr. Odio: If we can - yes. Mr. De Yurre: Are we talking about real property taxes or are we also including personal property taxes? Ms. Daniels: OK, real property taxes. Mr. De Yurre: Well, what are we doing about personal property taxes? Ms. Daniels: OK, do you... Mr. Odio: At this time, I'm not... Mrs. Kennedy: Well, that's harder to collect, because people go into bankruptcy. Mr. Odio: At that time, we have... Mr. De Yurre: That's right and if you don't collect it right away, you're not going to collect it. That's why I want to know, what are we doing about personal property taxes? Mayor Suarez: First of all, who is charged with collecting the personal property taxes? Mr. Odio: The county, sir. Ms. Daniels (OFF MIKE): The county does and remits it to the City. Mayor Suarez: OR and what are we doing to make sure that the county is doing that effectively, if anything? Ms. Daniels: OK, that is a part of Mr. Chhabra's audit; both the real and the personal property taxes, that's under the definition. 49 May 19, 1988 Mr. De Yurre: Well, didn't you tell me a moment ago, that it was only real property? Ms. Daniels: OK as far as what we had been working with, but what Mr. Chhabra will be doing is both. Mr. De Yurre: He's going to be auditing, where is he? Is he here? Ms. Daniels (OFF MIKE): OK, he was here. Mayor Suarez: While we search for Mr. Chhabra, let me ask you a question on another one of these memos. We've been hit with so many memos in such a short time here, it seems like there's a... Mr. Odio: Mr. Mayor if we... !Mayor Suarez: ... great need to get memos on this issue. Mr. Odio: If we can find, through this process, that we have not received the funds that we were supposed to get, we will get them. Mayor Suarez: Oh, I hope so. Mr. Odio: OK and... Mayor Suarez: Let me ask a question, if I may, Mr. Manager, on a memo from Carlos Smith to Manuel Rodriguez, May 17th, 1988, there's a statement here, the amounts reflected in your memo were accruals recorded as of September 30th, 1987 except that your memo was incorrect in the following, and then it says: ad valorem taxes receivable and the general obligation debt service fund was $164,149 as of September 30th, 1987. What does that mean? Does that mean that that is the total amount of delinquent real estate taxes and interest that were owed as of September 30th, 1987? Mr. Garcia: No, sir. Mayor Suarez: And, if so, why is it now - why are you telling us now 3.6 million? How could it have gone up so? Mr. Garcia: The City is in a modified accrual basis of accounting for tax recording purposes as required by generally accepted accounting principle and what these amounts represents is... Mayor Suarez: And generally unintelligible accounting... Mr. Garcia: Right. Mayor Suarez: ... let me add. Mr. Garcia: This amount represents the receivables that we had as of the end of the year recorded in the City's records which is two months of collections subsequent to year and. That is that October 987 and November 188 collections. Is similar to the amount that Mr. Rodriguez shows as $2,193,000, which is, again, an accrual based on 60 days of collections subsequent to year end. The memo that Mr. Rodriguez prepared, we find... Mayor Suarez: Wov. OK, when do you reflect - when does the City reflect, under our accounting principles, on our books sn accrued ad valorem tax receivable, at what point? At the point that we find it has not been collected for the prior year, for what number of months? Mr. Garcia: No, sir, at the only time that we can record the receivable is we do that at year end and is for 60 days of collections subsequent to year end. OK, again, under accounting principles, the only accrual that could be recorded, the only receivable that could be recorded are those collections. Mayor Suarez: On December 31, 1987, let's say, we determine that for the next 60 days we will be collecting these? Mr. Garcia: Right. That is right. Mayor Suarez: OK, why would the figure be $164,149... 50 May 19, 1988 Mr. Garcia: Because that adjustment was made after the fact during the auditing process and the auditing process take three months. So, by the time the audit was in process in December, we knew what collections had been received. Mayor Suarez: OK, you told me that now we have an estimate of 3.6, more or less, million that is owed to the City in real estate taxes, roughly, from the county's figures. Mr. Garcia: Four point three, yes, sir. Mayor Suarez: Four point three, I'm sorry... Mr. Garcia: Yes. Mayor Suarez: Four point three. You also told me that you thought for 1987, that figure was one point some million dollars so you've... Mr. Garcia: The number that I'm recalling are the certificates that the county tried to sell in 1987 and was not able to sell. That was one point six something, close to one million seven. Mayor Suarez: OK, presumably those were for 1966 taxes then. Mr. Garcia: Yes, sir. Mayor Suarez: So we've got a figure presumably for prior to September 30, 1987 of a couple of million dollars of delinquent taxes for other years, you... Mr. Garcia: OK, those certificates, again, relates only to real estate taxes. They do not relate to property taxes. On one of the schedules that I... Mayor Suarez: wait, wait, wait, wait, that doesn't make any sense. The real estate is property, what are you talking about? Mr. Garcia: Real estate, personal property. Mrs. Kennedy: Personal, you're talking about. Mayor Suarez: OK, OK, on real estate, forget personal property, I'm not interested in that. This says ad valorem taxes, I presume that means real estate taxes. Mr. Garcia: Right. Mayor Suarez: It was established in a campaign of someone for state representative a couple of years ago, I remember what ad valorem meant. Anyhow, a couple of million dollars must have been outstanding and owed to the City for years prior to September 30, 1987, yes or no? Mr. Garcia: Yes. Mayor Suarez: For real estate taxes, ad valorem taxes. why are those not shown on the books as accrued and, therefore, in the general obligation debt service fund? Mr. Garcia: Because all we can record is actual collections, not the total amount of the receivable. Just the actual collections received in those 60 days. Mayor Suarez: Strange way to refer to a receivable. OK. Mr. Garcia: I have Mr. Ed Depman here from Coopers and Lybrand who's the City auditor and if you would like him to make a statement to that effect... Mayor Suarez: Just on that one question before we get too immersed in public accounting and how difficult it is for - I mean, regular accounting is difficult for lay people, but public accounting is... what goes into that particular figure, 51 May 19, 1988 $164,000, which called here, ad valorem taxes receivable? : if not, all these monies that are owned from past years. Mr. Sdward Depman: As Carlos says, it just the 60 day collections subsequent to year end. Under the modified accrual basis... Mayor Suarez: It is money already collected? Mr. Depman: I'it sorry, my name is Ed Depman, I work for Coopers b Lybrand. We are the outside auditors for the City of Miami. Mayor Suarez: When you say 60 day collections, you mean money already collected, or money that you expect to collect over the next 60 days? Mr. Depman: Money we expect to collect within the 60 day period, after year end. Mayor Suarez: And why wouldn't that include all the monies that are owed? I mean, you don't expect to collect them as of year and, because it is just... Mr. Depman: That's correct, that's correct, not because under the modified accrual basis of accounting, which the debt service funds and the general fund are subject to, you can only recognize revenues when they are measurable and available, which are technical accounting terms, but in essence they mean that what... Mayor Suarez: Well, these are measurable, they are not available, they have not been collected. Mr. Depman: That's exactly correct, they are not available and that's... Mayor Suarez: Right, so why are you saying the $164,000 are available, if they have not been collected? Mr. Depman: Because under generally accepted accounting principals, if you collect it within 60 days, it... Mayor Suarez: I understand everything you are telling us is under generally acceptable accounting principles. You don't need to premise every answer with that. Go ahead. Mr. Depman: OK. Mayor Suarez: No, no, I've got him now, where I want him. Let me see if I can get an answer to this, and I'll quit on this before I bore everybody to tears. Mr. Depman: If it is collected within 60 days, it is deemed to be available to be used for current period expenditures. In other words, if it is collected within the 60 days period. Mayor Suarez: So there is some estimate made of which ones we think we will be collecting in the next 60 days, based on tax certificates that were purchased? Mr. Depman: That's correct, or in the case of the year end audit, we are still in the process of the audit when all those collections do come in. Mayor Suarez: I must say, this figure doesn't add a heck of a lot to our understanding of our financial status at any one point. You understand that if $3,000,000 or $4,000,000 may be owned at any one point, and you are saying $164,000 is collectable or receivables, let's say, that doesn't really change our financial status particularly much. We don't have the money yet, we hope to collect it. We hope to collect the $4,000,000. Mr. Depman: That is why we don't recognize it. Mr. Odio: Mr. Mayor, let me... may I, Commissioners, make my point. In preparing a budget, if I put into this budget, just to make it in simple language, $7,800,000, owed to us. 52 May 19, 1988 him e Mayor Suarez: Nobody is suggesting that you put that in as an asset. Mr. Odio: No, no, I am just making a point, that is why these procedures are followed. I would have a deficit at the end of the year, of probably sixty point eight million dollars, so what we did it is, we make a projection based on the projections that we feel, of monies can be collected, and it is $1,000,000. Mayor Suarez: But, the big concern on the part of the Commission is, whether we are doing everything in our power to collect, that is all, not what we project, or... Mr. Odio: I feel strongly that now we are... I can speak for the best... Mayor Suarez: But that is the judgement that the Commission wants to make. It doesn't necessarily want to... Mr. Odic: OK. Mrs. Kennedy: plus, I have other concerns. If the Manager here, is going through an audit system, that is obviously going to take some time. Why do we have a Mr. Rodriguez coming out with what seems to me, an irresponsible memo? - because the figures are not accurate. Mr. De Yurre: Why do you say irresponsible? Mrs. Kennedy: Because the figures are not there really, it is not... Mr. De Yurre: What figures? Mrs. Kennedy: $7,800,000. I mean, we don't... Mr. De Yurre: The $7,800,000 is what the County says is there, and that is what is reflected in that memo. Mr. Odic: If I may answer the question. Mrs. Kennedy: Yes, but ad valorem taxes receivable in the general obligation debt service is $164,000. There is a list here, itemizing all the incorrections of his memo, that I don't need to read, because all of you have it. Mr. De Yurre: Well, why don't we have him answer that? Mr. Odic: Well, Mr. Chhabra is here, and he works for Mr. Chhabra. This memo was not requested. We don't understand why the memo was written. We don't understand why the memo got out and circulated. I had not seen it until Monday at noon time, and already I had heard rumors that they had found $7,800,000 somewhere. I said, God, I got lucky today! And, what happened with that memo... Mrs. Kennedy: It's not true. Mayor Suarez: We established at a prior hearing that we have a rumor control entity in the County, which is the Community Relations Board, so we will turn to them and... Mr. Odic: The problem with the memo, was the memo written had been requested and it was incomplete, as far as I am concerned. Mr. De Yurre: Well, 1'd like to hear from Mr. Chhabra. Mr. Manuel Rodriguez: Or from me. Mr. De Yurre: How are you? Mr. Sujan Chhabra: Fine, sir, thank you. Mr. De Yurre: What do you have to say? Mr. Chhabra: Mr. Rodriguez sent the memo to me, and I got it Monday morning, 11:00 o'clock, and before that, there was no discussion. I did not know where these figures came from. 53 May 19, 1988 Mr. be YurrEi bid you request him to do thy work for you' Mr. Chhabra: Yes, sir, f did. Mr. be Yurre: What did you ask him to dol Mr. Chhabra: To find the delinquent taxes, attording to bade County, and What IS our City of Miami showing, so that you tali find the difference, and reconcile those delinquent taxes. Mr� De Yurre: Or was that to run to bade County and get the records of delinquent taxes. Mr. Chhabra: Yes, sir. Mr. De Yurre: And then what? Mr. Chhabra: Then reconciled with the City's records. Mr. De Yurre: OK, but according to Mr. Garcia, there are no City records, is that correct? Mr. Chhabra: They are on the cash basis. Mr. De Yurre: They are what? Mr. Chhabra: They are on the cash basis. Mr. De Yurre: OK, are there records, or aren't their records? Mr. Chhabra: Only what the figure they are showing, one million something. Mr. De Yurre: What? Mr. Chhabra: What is the name of the accountant? Maycr Suarez: When you say they are on.a cash basis, Sujan, does that mean that we don't have individual records, or we.do?.- or we only have collective records of all the cash that comes in from all the accounts? Mr. Chhabra: Right, whatever they have received. Mayor Suarez: But, don't we have a computer, if you wanted to know exactly each account, how much it is paying, and how.much it pays, don't we have that information individually available? Mr. Chhabra: If we keep the records, yes, we can make it. If he had.... Mayor Suarez: No, no, I am asking if we do. Mr. Chhabra: We do not have right now. Mr. De Yurre: We what? Mayor Suarez: Right, that's what I was saying. Mr. Chhabra: We do not have the records right now. Mr. De Yurre: We do not have it? Mr. Chhabra: Yes, sir, we don't. Mr. Plummer: No, you have got to go tap into the County. Mr. De Yurre: OK, so you asked him to go to Dade County, go and look for the records to see what delinquent taxes are, and then to come and compare it to what we have? 3 Mr. Chhabra: Yes, sir. I. rj 54 May 19, 1986 r e Mr. be Yurre: But, you know that we can't compare it, because we don't have that record here in Miami, right? Mr. Chhabra: it's still what _ defense is, 1 wanted to reconcile that. Mr. be Yurre: How can you reconcile it? Mayor Suarez: Well, what you are saying is, that you don't have, you have a cash basis, you have the total amount, you don't have the individual accounts. Mr. Chhabra: There are on cash basis I wanted to see what Dade County at that time - how much Dade County had, remitted to us. Mayor Suarez: But, you are not able to compare the individual accounts, because you are saying that the City doesn't have it individually. Mr. Chhabra: Which we are going to do now, sir. We are in the process of doing that now. Mr. De Yurre: What? Mr. Chhabra: Individual accounts, we are in process of doing now. Mr. De Yurre: OK. Mayor Suarez: Inputting that into our computers? Mr. Chhabra: No, sir, we are getting from Dade County. Mayor Suarez: To put into our computers, presumably. Mr. Chhabra: Well, we can get the tape then our Computer Department can run it. Mr. De Yurre: So, we know we don't have the records here in Miami. Mr. Chhabra: Yes, sir. Mr. De Yurre: Now, how can you ask him to go get information to compare it with something that we don't have? Mr. Chhabra: No, sir , what is City is saying is that we have received $2,000,000. Mr. Plummer: That's not the comparison. The comparison is, did you collect it or was it delinquent, or what. Mr. Odio: Let me, please. Yes, we can check them. We know how many dollars we have received. We want to know what the County was supposed... Mayor Suarez: Total, total. Mr. Odio: That's right, we start comparing. I am not satisfied with that, and that is what we have been trying to say for... Mr. De Yurre: But, that is not what he want to look for. Mr. Odio: He is going to look at every single property that is in the City of Miami. He is going to check with the records of the County, which they are supposed to keep. He is going to check the millage, make sure that we are getting paid the taxes that we are due. If we are not, we are going to come up with a report saying, we are short so many dollars or we are not. Mr. Plummer: but, you guys are missing the point, OK? Let me tell you what you are missing. Every year, this City puts a built in factor into its budget, of five percent uncollectible taxes, correct? Mr. Chhabra: Yes. Mr. Plummer: OK it is easy, when we go and declare our millage, the County then certifies that millage represents "X" number of dollars. OK, we get in cash in hand, "X" number of dollars, and the differences is where the discrepancy now lies. Is that correct? 55 May 19, 1988 r r Mr. Chhabra: Yes, sir. Mr. Plummer.. OK, now what I am understanding you to say, is that that discrepancy is, did Dade County Collett it, was it assessed properly, and those are the kind of things that we have always had, because we have always had a built in five percent, every year, as uncollectible. Mr. Chhabra: Yes, sir. Mr. Plummer: Now, the real... Mayor Suarez: That is theoretically uncollectible, and the Commissioner wants to know if in fact, they can be, or not, collected, and if we are helpless in that effort, and he is finding out that we are not, that we can find out from the County and try to do something about it. Mr. Plummer: The real bottom line, before we go out here with the pie in sky, and read another editorial, of that amount of money, or forget about that amount of money. What is realistic, that the City can actually recover from that area that is in dispute? Mr. Odio: $1,000,000. Mr. Plummer: That's what you expect to recover? Mr. Odio: Yes, sir. E! Mr. Plummer: OK, at best. Mr. De Yurre: OK, is that from '87? Mr. Odio: That's from 187. That's... Mr. De Yurre: Not, from this $7,800,000. Mr. Odio: That is from the $7,800,000, we expect to collect $1,000,000. Ms. De Yurre: The $7,800,000... Mr. Odio: Is the total uncollectible taxes from the County. Mr. Plummer: Since when? Mr. Odic: Since before 1981. Mr. Plummer: Ah! Mr. Odio: Since before 1981. Mr. De Yurre: OK, and it includes 1967? Mr. Odio: Sure. Mayor Suarez: Who came up with the estimate of $1,800,000? Mr. Odio: Well, $1,000,000, of the $7,800,000? Mayor Suarez: Right. Mr. Odio: We got that figure from the County. We knew that figure. That is easy to figure out, I mean, anybody can figure that one out. Mayor Suarez: Is the County estimate $1,000,000? Mr. De Yurre: I'm not through with him yet. Mr. Odio: Yes. We estimated conservative we would sell the lease. Mayor Suarez: I just want to know who estimated it? Mr. Odio: We did, Mr. Mayor. 56 May 19, 1988 Mr. be Yurre: OK, just to get clear about this job order that , I'd like to hear from Mr. Rodriguez and see what he has to say. Mr. Manuel Rodriguez: Commissioner, let me distribute first.... Mayor Suarez: Don't say anything with your back to the mike, we can't record it anyhow. Each memo is getting a little larger than the prior one, we are going to be swamped here. Mr. M. Rodriguez: Mr. Mayor, Commissioners, my name is Manuel Rodriguez. I am assistant cable communication administrator for the Department of the Computers. I have distributed my answer to the memo from the Assistant City Manager, Carlos Smith. In order to make it more easy, to understand the whole situation, and in order to clarify certain points that have been misleading in this moment - number one, is the assurance here and the criticism of my memo, the original memo, as Commissioner Kennedy made...take note of that, was that I'm coming a lot of things, criticizing my auditing procedures. Mayor Suarez: No, nobody is criticizing anything of yours yet, that I know of. We were trying to figure out what your memo was about. Mr. M. Rodriguez: Excuse me, then you have not read the memo from Carlos Smith to me. Mayor Suarez: But, that is not the issue the Commission is considering. Mr. M. Rodriguez: OK, I agree, I am sorry, Mr. Mayor. Mayor Suarez: The criticism, explicit or implicit from your supervisor to you, is contained in that memo, but I don't think any Commissioner yet has asked about that, so... Mr. Odic: No, but let me put it on the record, I am the City Manager, and I am telling... Mayor Suarez: We know that! Mr. Odic: ... him that he broke procedures. He did not follow proper procedures. Mayor Suarez: OK, so you do want to go into that here, on this Commission? Mr. Odic: No, I just told him that, and doesn't have to refute it here. Mayor Suarez: Well, I am trying, as chairman of these proceedings, tell him that that is not the issue we want to get into today, unless some Commissioner wants to get into it. I sure don't and I don't think the general public here waiting to be heard on other items wants to get into. Mr. Odic: That is what I mean. If he has a problem with his supervisor, he should come and see him, and air it in the office, not here. Mayor Suarez: That's what I was trying to get at. Mr. De Yurre: A statement has been made that he did something improper, and that was brought up here. Mr. Odic: Oh, I said it. I said it as his boss, that he was not following proper procedure, and if he has a problem with that, he can come and see me, and this is not the proper procedure. Mr. De Yurre: Well, I want to get to the bottom of this, and see what the hell is happening with our money. Mayor Suarez: Well, Commissioner, let me do this, wait a minute, wait a minute. Whether he followed, or didn't follow proper procedures, may be a very interesting topic to someone, but it is not to me, at this point on this agenda. Now, I'll follow the Commission's wishes. Mr. De Yurre: I just want to know about the dollars. 57 May 19, 1988 V Mayor Suarez: Thank you! Mr. De Yurre: OK? Mr. Odio: Mr. Commissioner, if you have any questions... Mayor Suarez: Unless some other Commissioner wants to get into the procedures followed or not followed within that Department, I just don't want to hear about it, OK? Mrs. Kennedy: OK, Mr. Mayor, let me just say, and I won't get into proceedings, but he did mention that I said that he was irresponsible and I still feel that. In fact, he reminds me of a Cuban politician way back, who when he sworn to office, was told that there was a deficit of $170,000,000, and he said, 00h good, with that, we'll build highways and roads!" You know, this is the thing. You are telling us that there is $7,800,000, and it's not. The funds are not there, but I would like to here... Mayor Suarez: He was telling his supervisor, but... Mrs. Kennedy: I would like to hear from you. Mayor Suarez: ... it managed to find its way into everybody's in box, somehow. Mr. M. Rodriguez: Go ahead? OK. Please be advised that the Administration never instructed me to realize any audit at all. Mayor Suarez: The numbers is what we want to hear about, Manuel. Mr. M. Rodriguez: What numbers? Mrs. Kennedy: Your numbers. Mr. M. Rodriguez: My numbers? Mayor Suarez: What are the real estate taxes that were not collected, and what do you think is... and personal property taxes. Mr. M. Rodriguez: It is in the memo. Mayor Suarez: Do you think we have done everything in our power... wait a minute, do you think we have done everything in our power to collect them, and what procedures do you suggest to be able to do that more effectively in the future, if any? Mr. M. Rodriguez: No, I am sorry, Mr. Mayor. I am sorry, Mr. Mayor, I need to answer first what has been the reason to write this memo. Mayor Suarez: Not here, sir, not here. You would be out of order. You can answer that to your supervisor and he in turn will answer to the Manager, and the Manager in turn will answer to this Commission. Now, if you want to talk about the numbers, Commissioner De Yurre is very interested in hearing about the numbers and whether you think... Mr. M. Rodriguez: The numbers that are here are accurate. Mr. Chhabra instructed me to come into the City and see how much delinquent taxes we have in our record and I come with these figures that are right, no matter what anybody says, are right, and have been confirmed already for the director of financial... Mayor Suarez: That's correct, we all agree on that. Well, who gave you that figure, the County, basically? Mr. M. Rodriguez: No, no, I made the figure. I got the figure from the City record, these $2,000,000, plus, two point seven million. Mayor Suarez: I thought the $7,800,000 total amount of delinquent taxes was obtained from the County. Mr. M. Rodriguez: Whatever the City record shows is $2,700,000, in my original memo. The group of paper that I gave to you, is the paper number five, 58 May 19, 1988 Mayor Suarez: Oh, I see the figure you are referring to. You are referring to the two point seven seven nine? Mr. M. Rodriguez: That's correct, yes. Then, when I went back to see Mr. Chhabra and tell this is what the City records show, but I consider that they are not reliable, and I consider that they are not reliable, precisely for the way they are recorded, because he is asking me for data as of April 30, 1988, and we don't carry here an accrual system, but a cash basis. Mayor Suarez: OK, let me ask you a question about that, unless some other Commissioner wants to go through this with you. I am looking at your memo, and it says taxes delinquent as of April 30, 1988. Mr. M. Rodriguez: That's correct. Mayor Suarez: And then you have, as per Dade County records, $7,800,000 roughly. Mr. M. Rodriguez: That's correct, you see... Mayor Suarez: As per City of Miami records, two point seven seven. Mr. M. Rodriguez: That's correct. Mayor Suarez: Both of those are supposed to be for April 30, 1988? Mr. M. Rodriguez: That's correct, sir. Mr. Plummer: Wait a minute, is the City figure accumulative back to 1980? Mr. M. Rodriguez: I beg your pardon? Mr. Plummer: The $2,700,000, is that figure accumulative back to 1980? Mr. M. Rodriguez: It is what ever the record that you have here shows in April 30, 1988. Mr. Odio: No, that is why this report should have never been publicized, because it is incorrect and misleading. The fact is when he makes a comparison here, he should have shown, as any accountant would know how to show, that this is not... you are not comparing apples with apples, you are comparing apples with something else. The accountant from Coopers and Lybrand, who is our auditor, has just indicated how we keep records here, so he should have known that they have to be different. Mayor Suarez: Well, let's ask him about that. It says here, "As per City of Miami records." What do you understand that to mean, and how could be so divergent from the figure we got from the County? Mr. Depman: Well, again the amounts that you have from the County is the total amount that is delinquent, and not collected. What we have got, recorded in the City's accounts, is the estimate from 9/30 of 187, of 60 days collections. That is not... we don't update that every month throughout the year, because we have got these month end closings, and we have to close... Mayor Suarez: Sort of our best estimate of what we are going to be able to collect... Mr. Depman: It is an estimate. Mayor Suarez: ... in the ensuing 60 days. Mr. Depman: That's exactly correct. Mr. Plummer: I'm still wanting to ask a question. Have you seen this memo here? OK, it says, taxes delinquent as of 4/30, '88. Dade County records show 7.8, OK. City records show 2.7. Are the City records go back as far as the County records, back to 1980? Mr. Depman: No, no, you are... 59 May 19, 1988 Mr. Plummer: Well, how the hell can you compare the two, then! Mr. Odio: (OFF MIKE) You cannot. Mr. Depman: They are not comparable, because on the one hand, we are taking the total amount of delinquent taxes off the tax rolls, that is from the County records. City records are just a reflection, or an estimate of what two months, 60 days, tax collections will be. They are not comparable. Mr. Plummer: Ok. Mayor Suarez: So, basically you have written off, in our figures, we have written off other years, unless we happen to... what if we are just about to collect, and we know that? Do we ever include that in there? - in the next 60 days, if from a lawsuit, or whatever, or tax sale? Mr. Depman: That's essentially correct. Mr. Plummer: That is called a bonanza. It is called bonanza. Mayor Suarez: OK, but that includes any year? Mr. Depman: Yes. Mayor Suarez: That's our best estimate of what we are going to collect in the next 60 years after that. That is what we call ad valorem taxes receivable under your terminology... Mr. Odio: No, that is his account... Mayor Suarez: ... as opposed to delinquent real estate taxes, which to anyone out in the street, might seem like the same thing, is really not. OK. Mr. Odio: No, Mr. Mayor, let me make a point. That is a good point. This is an accounting procedure. As a Manager, I not satisfied, and I have not been for a year and one-half that we are not getting everything that we should, and that's why we have five people now, because Chhabra, plus Internal Audit Department have been working on that for months... Mayor Suarez: We know that, we know that. Mr. Odio: ... to find this and that is why there is a difference between accounting procedures and a management prerogative to go ahead and audit... Mayor Suarez: Well, we are looking at a memo, we are trying to understand the difference between two figures that look quite different here, quite a discrepancy. Mr. De Yurre: There is no question that one does not represent the other one. We are not talking about apples and apples, and certainly there is not $5,000,000 lost somewhere. We understand that. The point is that we don't have any information and now you are saying that we are trying to get the information so that we can compare what we don't collect or what is delinquent, so hopefully we can start procedures to get some of that money in, correct? Mr. Odio: Well, as far as getting the money in, like I said, my projection of seven eight, which again dates back before 181, that we might be able to get $1,000,000, maybe more. I hope that when they sell the liens, that we can get more, but I cannot project more, so.I am projecting $1,000,000. Mr. De Yurre: Well, from looking... Mr. Odio: I don't think we can get any more of the seven eight. If we can, we will, we are going to try, but I don't think... I don't want to project that as of this point. Mr. De Yurre: Well, what I think what we have here is an exercise, that hopefully we can learn something and so we can create some new mechanism of getting some more dollars in, because when I look at the County records for personal property taxes, and it goes 1986, $1,200,000 uncollected; 1985, almost $900,000 uncollected; you are talking about hundreds of thousands going 60 May 19, 1988 back to... down to $300,000 for '81, that there is no way in hell we are going to collect that, because, I mean like, it is gone! There has to be some procedure wherein we can monitor the County and say, listen, guys, if you can't collect it, let us get someone that can go out there and collect it. Let's identify who owes it to us, particularly personal property taxes, because businesses come and go like that, and if we don't collect it right away, we may be able to salvage some of that $1,200,000. Mayor Suarez: And on that same point, apparently some cities do have collection agents that they use to try to collect personal property, delinquent personal property taxes, which is a whole different ballgame from real estate, as the Commissioner is indicating. Mr. Odio: I agree with the Commissioner, I don't think we can take for granted what we are told by the County, and I'm trying to establish procedures that have never been there, but the State gave them the power to collect. We don't have that power. Mr. De Yurre: Well, to me it is refreshing in the sense that I have learned a lot about the goings on here, and I think to some degree, we have all learned something, and, you know, it is a situation that works out for the best. I'm sure that we will have some procedure in the very near future, right, Carlos? Mr. Carlos Garcia: Commissioner, I think you have every right to know what procedures the City follows, and I am glad you are bringing this up, and whenever you want to get in more into this information, I'll be more than happy to discuss it with you. Mayor Suarez: Thank you. Mr. De Yurre: All right, so I am very glad, I want to congratulate Mr. Chhabra for giving the order to Mr. Rodriguez to do the work that brought us all here and brought this issue up, and I'm sure that we will all continue to work very happily together, right? Mayor Suarez: Thank you, everyone. Mr. Plummer: All I want to know after all of that is said and done, where the hell is the check? Mr. Garcia: In the mail. Mr. Odio: What check? Mr. De Yurre: We have to get the procedure to go out and get it now. Mr. Plummer: Can we settle for 20 cents on the dollar? Mayor Suarez: In bankruptcy, what do they say 10 cents on the dollar is doing good, right? 10. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EMERGENCY ORDINANCE AMENDING CODE CHAPTER 22 "GARBAGE AND TRASH" - PROVIDE FOR THE ISSUANCE OF A MUNICIPAL REGULATORY LICENSE TO BE REQUIRED OF ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY OF MIAMI (SEE LABEL 13). ------------------------------------------------------------------------------ Mayor Suarez: Item 1, emergency ordinance now, the franchise fees. Yes, item 1, emergency ordinance. Carlos, somebody tell us something. Mr. Carlos Smith: Mayor and Commissioners, this is an emergency ordinance instituting a regulatory permit fee on commercial private haulers in the City, of six percent of gross receipts. I believe there is a lawyer here from the association, who we have been meeting with regarding this ordinance. For your knowledge, there is a couple of changes that we would like to point out, to the ordinance. One is on page two of the ordinance itself, where we would like to change to paragraph "B" to "The director shall authorize the collection of solid waste by private collectors." 61 May 19, 1988 r Mt. bawkiht: Say, what snow? What page? Mr. Smith: Of page two, paragraph "B." Mr. Dawkins: Paragraph "B" on page two. Say what how? Mr. Smith- "The director shall authorize," as opposed to "the director eaay," and that goes... Mr. Dawkins: Go ahead. Mr. Smith: And then the next change is on page 5. We would like to include, roughly about the middle of the page, right before the paragraph that says: "Any decision of the director..." Under - "The terms of this section may be reviewed upon written request," and so forth, we vould like to add... Mr. Dawkins: Wait a minute. Where are you reading? Mr. Smith: Right about the middle of the page, page 5, the paragraph starts: "Any decision of the director..." Mr. Dawkins: Hold it. "Any decision of the director..." Mr. Smith: Right before section 22-18 period 13. The paragraph before that, it says: "Any decision of the director..." - it starts: "Any decision of the director..." on page S. Mr. Dawkins: Page 5. I don't see it. Mayor Suarez: All I'd say is looking at the size of, the two of you at those microphones, I am glad you are not both using the same mikes. I hope you are In agreement too, I mean, don't want any problems here today. I am ready to vote on this. Mr. Dawkins: Hold on, hold on! I am ready to vote on it too, but... Mayor Suarez: All right. Mr. Dawkins: I mean, I've got a whole lot of problems. I'm voting on it, I got some problems. What does this say? Mr. Joe Ingraham: Read the inclusion. Mayor Suarez: That's right. Mr. Smith: What I'd like to do is add an inclusion to that paragraph that starts: "Any decision of the director under..." and then would like to include right there, under, "Any decision of the director under the terms of the section." Mrs. Kennedy: It is there. Mr. Smith: "Any decision of the director shall give permittee a prior five day written notice." What veld like to do... this is, let me explain it, Commissioner. This paragraph basically says that the director has the power to revoke the permit, if... Mrs. Kennedy: Carlos, excuse me, I'm lost. It says, "Any decision of the director under the terms of this section may be reviewed upon written request of aggrieved permittee." What do you want to do with this now? What do you want to add? Mr. Gregory Borgognoni: The amendment goes in the paragraph before that, I think, Carlos. Mr. Smith: It is right before that, no? Mr. Borgognoni: Yes, Mr. Smith: I'm sorry, I have the wrong paragraph here, the paragraph before that. 62 May 19, 1988 Mr. Sorgognoni: The amendment goes to the end of the prior paragraph. Mr. Smith: It says: "The director is authorized to suspend, revoke, or cancel any such permit for failure to comply with any of the terms hereof." What we would like to do, is give, ask the director to give the permittee five days to fix the noncompliance before we actually do the revocation of the permit. Mr. Dawkins: Why? Mr. Smith: We would like to give them... Mr. Dawkins: Why? Mr. Smith: We would like to give them prior notice. Mr. Dawkins: Why? Mr. Smith: To give them prior notice to fix the problem before we actually revoke the permit. Mr. Dawkins: Well, tell me why? I hear you, you keep telling me what you want to do, and I keep asking, you, why? That's all I want to know. You know, why is it necessary that you must give them five days to correct it, because you think that in five days they will have corrected it, or just tell me anything! Mr. Smith: That is correct. Mr. Dawkins: Well, just tell me, that's all, no problems. Now, on this other one you corrected, what did you say here? Mr. Smith: The other one is on page 2, instead of "may," we had said the director "shall" authorize the collection, as opposed to the director may authorize the collection. Mr. Borgognoni: That's just to make the current chapter parallel with the addition that is being proposed. Mr. Smith: That is correct. Mr. Dawkins: No way. No way. Ain't no way in hell I am going to let the director say that if it is seven units, we don't go collect it. No, I can't do that. Mr. Smith: What is that again, Commissioner, I'm sorry. Mr. Borgognoni: No, that is not what the proposed amendment says, Commissioner. Mr. Dawkins: Then tell me what it says. Mr. Borgognoni: The proposed amendment is to... this is the currently existing statute. The new ordinance authorizes anybody who gets a permit to collect commercial trash in the City. The former section is permissive, rather than mandatory, even if you have a permit. All this does is make them be the same, otherwise the change wouldn't... Mr. Dawkins: OK, well I read English too, and that's not what this says. Mayor Suarez: What's wrong with the existing wording? Mr. Dawkins: Not only that, I mean, I am not going to give up the right to collect commercial... Mr. Borgognoni: It's just not accurate that the director has the... Mr. Smith: Commissioner, we are not giving up the right to... Mr. Dawkins: Well, that is what you are saying! Mayor Suarez: What is wrong with the wording, "may"? 63 May 19, 1988 t Mr. Smith: That's just to make it consistent with paragraph later on, on that same... Mayor Suarez: What is wrong with it other than the lack of consistency? Mr. Borgognoni: That's it. I mean, if it stays "may," that means that if You got a permit, he can still say you can't do it. Maycr Suarez: There's many things that are not 100 percent consistent in our Charter and in our Code, so I don't... Mr. Dawkins: That's right. Leave it like it is, and you got me, but not no shall - at his direct discretion, through the Manager, through us. Mr. Smith: That's correct, OK. Mayor Suarez: Which is another way of saying "may" instead of "shall," I mean, you know. Mr. Borgognoni: I just don't think that is correct, because then somebody... if you leave it that way, somebody who gets a permit, he theoretically would still have the discretion to say, no they can't do it, and that is not the scheme of the ordinance. The scheme of the ordinance is discretion is exercised in whether you give a permit. Mr. Dawkins: That's your discretion. Mr. Borgognoni: That's the discretion of the City. Mr. Dawkins: No, I am telling you what the Commission's discretion is, OK? Mr. Borgognoni: I understand that. Mr. Dawkins: OK, all right, and that is what I am voting on, that's all! Mr. Borgognoni: I understand that. Mr. Dawkins: OK. Mr. Plummer: My favorite problem, where in this document does it state clear that if a private hauler is doing, let's say, an apartment house, how big is that container going to have to be? Because, let me tell you what we see, day in and day out, the owner of that unit doesn't want to provide a bigger container, because it costs more money. He doesn't want it picked up as often, and because of that, you see garbage all over the street, all over everywhere, reaching out of the top of that container. There is no clear delineation in this that I read, that says for a unit in an apartment, you must have "X" container, multiplied by how many units there are, or a business that is, you know... Mr. Dawkins: Hold it, hold it. Is there anybody from the private sector can come and tell us what guidelines you used for, if it is a seven unit, fourteen, twenty-nine or thirty unit, how many cubic yards container they need? Anybody out there got that with them? Mr. Smith: Commissioner, could I... Mr. Dawkins: Come to the mike, please, sir, because.I want to be... all I am trying to do... first, I have to commend everybody for trying to work cooperatively, so that we can work together, but if we are going to work together, if we are requiring three or four cubic foot containers, then you have to , that is all I am trying to get to. Mr. Bruce Malec: The rule of thumb... my name first of all, is Bruce Malec, with United Sanitation. Really, what we always go by, per every four units, they should have at least a two yard container, once a week. Mr. Dawkins: OK, all right. Mr. Plummer: And that's adequate. 64 May 19, 1988 W 41 Mr. Malec: Should be. Mr. Plummer: Well, what I want to do, is I want to write into this ordinance that they cannot do less, because you can't go tell an apartment house owner, that "Hey, you have got to have." - He is going to tell you, "You go to hell, I am going to put in what I want." Mr. Malec: Commissioner, that is part of the problem, in the private sector, what has happened in the past, is we have got a customer who doesn't pay his bill, and what happens is, the City says you go and collect it, and we said: hey, we can't collect this guy, he doesn't pay his bills. So, then the City has said, get somebody else in there, and that's what we are asking for, is the cooperation so that people need to have a certain sized containers to adequately handle their trash problems. Mr. Plummer: Yes, but if you write it into this ordinance, OK? Mr. Malec: I'm all for it. Mr. Plummer: Hey, what I am saying is, I don't know. Joseph, I would have to talk with you. Is one cubic yard per apartment of two bedrooms, or three bedrooms, per week, adequate? I am sick and tired of going around, seeing these damn containers... Mayor Suarez: Are you talking about the size of the container? Mr. Malec: The size of the container, yes. Mayor Suarez: Of the container, yes. Mayor Suarez: Right, because that is not per week, I mean, that it just the size of it. Mr. Plummer: Well, it makes a big difference, Mr. Mayor, if you pick it up once a week, or twice a week. Mayor Suarez: All right, but the cubic yards is just one cubic yard. Mr. Plummer: But, I would like to see it written in here, that OK, Mr. Apartment House Owner, you have ten units, you have got to have ten cubic yards on a minimum once a week pickup. I don't know, if you don't write it in here, these people, in the private sector, cannot tell a man, "Hey, you have got to buy something bigger." He is going to say, "Hey, all you are trying to do, is make more money." I'm trying to keep the City clean. Now, is that possible, to write that in this ordinance, and if so, what is reasonable to expect, or what is a minimum... I would say a minimum? Mr. Joseph Ingraham: There are two approaches you can go. He has given you the trade standard in reference to the two yard container per four units. That's one way, and then there is the frequency of pickup, making it a mandatory number of pick up per the ordinance, so there are a couple of alternatives you have. Mr. Plummer: But, Joe, I want it written into this ordinance. Mr. Ingraham: It can be done, sir. Mr. Plummer: And I am not here to set minimum standards, but I think we have got to set minimum standards... Mayor Suarez: Can you do it today to your satisfaction? Can you do it today so that we can go ahead and take up the next item, if he is going to... Mr. Plummer: If they can do it, it is fine with me, Mr. Mayor. Mr. Malec: We are all for it. Mayor Suarez: Building into the ordinance a minimum requirements for the container size, according to the frequency of pickup for private haulers, so that we don't have the over full containers. Mr. Odio: I don't have any problem. I have no problem in doing that. 65 May 19, 1988 Mayor Suarez: Why don't you guys work on that and let me know when you are toady. Mr. Odio: I want to add also, we will be coming back with eht6rcements, but we didn't want to do it today. We just wanted to get the six percent approved, here. Mayor Suarez: Yes, please, please. Are we OK on that wording that the Commissioner was concerned about? Is that going to create a problem? Mr. Ingraham: (OFF MIKE) No, that's taken care of. Mayor Suarez: That's taken care of, Joe? Mr. Ingraham: (OFF MIKE) Yes, with roe it is no problem. Mayor Suarez: All right, sir, then come back with a schedule on the size of the containers and we can go ahead and pass this, hopefully. Mr. Ingraham: We can do that in a matter of moments. It is a matter that had been talked about yesterday in our negotiations, but we felt that it should come from the policy makers. Mr. Plummer: Well, why didn't you bring it out today? Why did I have to bring it up? Mayor Suarez: Because then you are going to complain that you didn't have it in advance. Mr. Plummer: You are right. Mr. Ingraham: I thank you, Mayor, I thank you very much. We'll be right back with it worked out. Mayor Suarez: Get it when you have that ready. It took me a little while to figure him out, but I'm getting there! Mr. Dawkins: What happened on the item? Mr. Ingraham: Defer it for a moment. Mayor Suarez: He is going to table it for a few minutes. The Commissioner wants to see a schedule of minimum sized containers before he votes on it. 11. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 54 - PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE PUBLIC RIGHTS -OF -WAY IN THE CITY FOR PLACEMENT OF PATHWAYS REGARDING OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE. Mayor Suarez: Item 2. Is there any problem with this emergency ordinance? What is the nature of the emergency? Mr. Don Cather: Is this the ordinance for the cable? Mayor Suarez: Are you asking me, or telling me? Mr. Cather: I don't know what item 2 is. I know it is one or the second. Mayor Suarez: Oh, now we are in trouble! Mrs. Kennedy: Amending the chapter 54. Mr. Cather: The emergency ordinance amending chapter 54? Mr. Odio: Of the Code of the City of Miami. Mayor Suarez: Yes, yes, that is the same two I got. 66 May 19, 196E 0, LJ Mr. Cather: Yes, fine, I have that item here. Mayor Suarez: All right. What is the nature of the eM6t9ehcy, Doh? Mr. Cather: The nature of the emergency is that we need the bohey. Mr. Plummer: What is this gentleman handing out? Mayor Suarez: That's a good question. I thought he was..: Mr. Dawkins: The ordinance? Mr. Cather: Who? Mr. Plummer: Is it different than what we have? Sir, hello? What are you handing out? Is it different than what we have in our book? Mr. Cather: Teo, I am going to give you those corrections. Mr. Plummer: I invoke the rule. Mr. Dawkins: Second. Mayor Suarez: Wait, wait. Mr. Plummer: I am going to stop this one way or another! Mayor Suarez: We have a motion and a second. Let him explain it. Mr. Dawkins: That's the end of it. Next Mayor Suarez: We have a motion and a second, no, no further... Mr. Plummer: I have got tons of paper up here this afternoon. Mr. Dawkins: You don't need... Madam City Attorney Mayor Suarez: I want to clarify that. Mr. Plummer: I'm a fast reader, but not that fast! Mr. Dawkins: Madam City Attorney! When he invoked the rule, it doesn't need a second? Mr. Plummer: Shut up. Mayor Suarez: No, because we have to find out if it is a substantive change, or not. Mr. Odio: It might not, be, it is only a legal requirement, Commissioner, please. Mayor Suarez: Right. Mr. Odio: It is only money. Mr. Cather: The changes, if you care to, are on page seven, section 54, where it stated there was a 65.000 bond. We have aped to $50,000 bond, sufficient to protect the City, that is the only change on that page. Mrs. Dougherty: He won't invoke the rule. Mayor Suarez: You know, don't make to many changes in the future, before the Commission meeting, please. Mr. Cather: I agree with you, yes, sir, but on page 9, we had changed it to an annual fee, instead of a quarterly fee, so that we can collect this year. Mayor Suarez: You got any problems with the changes? Are you going to invoke the rule? 67 May 19, 1988 i W W Mr. Plummer: Ho• Mayor Suaret: Think you. COMMissioner bawkins, you OK with this? Mr. Dawkins: (Ott MIKE) If J.L., doesn't... Mr. Plummer: Well, let me just ask..: Mr. Dawkins: (Oft MIKE) if J.L. don't have invoke the rule, t am not going to do it. Mayor Suarez: All right, thank you. Mr. Plummer: Let me ask a question. This relates to the telecommunications and the public right-of-vay, has the company seen a copy of this document? Mr. Cather: There are eleven companies, I don't think they have seen copies of the documents. The largest one is AT&T, which you remember, was put up from Southern sell. Mr. Plummer: but is any of the people affected by this document, have they seen this document, or is it going to come as a surprise? Mr. Cather: I would say... Mr. Plummer: And they are going to come screaming to our office, why didn't you tell us this was on? Mr. Dawkins: Has it been moved? Mr. Cather: AT&T and Sprint know that we are going to do it, and of course, you are aware, that we have, when the AT&T -Southern Bell split up took place, I wrote an interim agreement, which made everyone of these people, signed this interim agreement, stating that they would abide by the Commission's wishes on the matter of fees. Mr. Plummer: I am saying, are the people affected been notified? OK, if they have been notified, that is all I ask! Mayor Suarez: OK, we are ready for a motion on two? Mr. Plummer: I'll move it. Mayor Suarez: Moved. Mr. Dawkins: Second it. Under discussion. Mayor Suarez: Seconded. Under discussion, Commissioner Dawkins. Mr. Dawkins: How much money will this bring us, approximately? Mr. Cather: Approximately $280.000 annually. Mr. Dawkins: I'll ask my question again, and slower. How - much - money - will - the - City - of - Miami - receive - this - year - 1987, if we pass this? Mr. Odio: $283,000. Mr. Dawkins: Second question, why is this not in Sue Smoller's shop? Mr. Odio: She was part of this discussion, Commissioner. Mr. Dawkins: She was fired? Mr. Odio: She was part of this discussion. Mr. Dawkins: That's not what I asked you. I will ask that slower, and see I can get an answer. Why was this not placed in Sue Smoller's shop? Mr. Mano Surana: Commissioner, this revenue has nothing to do with her shop. 68 May 19, 1988 ■ Mr. Davkins: Why not? It his to do with telecommunications, and she is over telecommunications. Mr. Surana: This has to do with right -of -WY, use of right=of`way. This company will be digging our streets. They are going to lay the cables, for we are charging them for laying the cables, using our right-of=way. It has nothing to do with telecommunications. Mr. Dawkins: Who found all of the errors in the stringing of the wire that was put up by Hermanowski? What shop? Mr. Surana: I don't know about that, sir. Mr. Dawkins: Sue Smoller's shop, I know! Mr. Plummer: There are only one of eleven, though, that is going to be paying for this ordinance. Mr. Surana: Commissioner, this has nothing to do with cable companies. This is the telecommunication company, which is Sprint, MCi, AT&T, Western Union. This is the same thing we charge utility company, seven percent utility tax to telecommunication company. Mr. Davkins: OK, no further questions. Mayor Suarez: We have a motion and a second. What is the nature of the emergency? Presumably, that we need to collect the funds to stay alive financially, is that it, Don? Mr. Cather: Yes, sir, that is correct. Mrs. Dougherty: To reduce the budgetary shortfalls. Mayor Suarez: Thank you. Mr. De Yurre: Mr. Mayor, if I can ask... Mayor Suarez: Yes, Commissioner De Yurre. Mr. De Yurre: ... an example where this would come into play? Mr. Odio: For instance, what was happening... Mayor Suarez: An example? Mr. Odio: Give him an example on how this comes to play, how these fees apply. Mr. Surana: OK, for example, U.S. Sprint, so far, they had laid 4,427 linear feet of cable. They will paying $8,854 annually. Mr. Odio: Up to now, since the split-up, when they disbanded AT&T, they were paying us a fee for the use of our streets, the right-of-way. These companies have never paid... Mr. Dawkins: AT&T quit paying the fee, and now we found a way to collect that what we are not getting out of AT&T. Well, tell that to the Commissioner. Mr. Surana: Right. Yes, OK, before it used to be part of all telephone company as a whole. Now, since the diversion, these companies are not paying their share. They are getting free rides. Mr. Dawkins: So now we have got to collect the money from them. Mr. De Yurre; OK, go ahead. Mayor Suarez: Read the ordinance, call the roll. 69 ■ May 19, 1988 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE VIII, CHAPTER 54, TO PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE PUBLIC RIGHTS - OF -WAY IN THE CITY FOR THE PLACEMENT OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS IN REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR FIRM; PROVIDING FOR POSTING OF BONDS AND SECURING OF INSURANCE; REQUIRING COMPLIANCE WITH CERTAIN STANDARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10438. 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. 12. EMERGENCY ORDINANCE: ESTABLISH TICKET SURCHARGE ON PAID ADMISSIONS FOR EVENTS HELD IN PUBLIC FACILITIES AND PARKS. Mayor Suarez: Item 3, emergency ordinance on the issue of... Mr. Dawkins: Move it. Mayor Suarez: ... additional admission fees. Mr. Plummer: I second the motion. Mayor Suarez: Moved and seconded. Mr. Plummer: Under discussion for clarification. Mayor Suarez; Commissioner Plummer. 70 May 19, 1988 Mr. Plummer: Mr. Mayor, under the surcharge for the Orange Bowl, it cannot be a ticket surcharge for the Orange Bowl Committee. They will give us the equivalent in rent or some other matter to equate to the same amount of money, but it cannot be a ticket surcharge. Mr. Odic: Why don't you put in here a flat fee of $75,000 for the Orange Bowl? Mr. Plummer: Well, they will give the equivalent of whatever the amount of tickets are in additional rent. I just wanted that clarified for the record. Mr. De Yurre: Where would this money be used? How much money are we talking about here, about raising, first of all? Mr. Odic: We are talking about between $1,100,000 to $1,400,000, Commissioner. Mr. De Yurre: What is this money going to be used for? Mr. Odic: This money is just for the facility used. For instance, let me give you... the Knight Center will be raising $200,000. We had $200,000 people went by that facility last year, plus $200,000 will be used for that facility only. In the case of the Orange Bowl, we will be able to use that money for any needs that you might want to, in the Orange Bowl, or to use those revenues to sell bonds for improvement of the facilities, if you so desire. They are not restricted per se, but the intentions are improving... Mr. De Yurre: Are we talking about taking that $1,000,000 and using it for capital improvement, or are you talking about maintenance, which... Mr. Odio: We were talking about maintenance, but also you can use those revenues if you so wish, to sell revenue bonds for capital improvements, if you so wish. It is what you wish to do. Mr. De Yurre: Can you use part of the money... let's say the Orange Bowl raises whatever, $800,000... Mr. Odio: $960,000, I believe, Commissioner. Mr. De Yurre: OK, $960,000, can you take that $960,000 and use it at the Marine Stadium, if need be? Mayor Suarez: That's what I was going to head to. You contradicted yourself on that issue. First you said it was earmarked for the particular facility that is producing the income, then you said, "But it is not really constrained to that." Mr. Odic: If you don't wish to. You can constrain if you wish. What I am saying is... Mayor Suarez: What does this ordinance do? Mr. Odic: It gives you the revenues from seat charges, from all the facilities, to be used back into the facilities, but not to one specific one, if you so wish. Mayor Suarez: To be used in any of the facilities?'.It can... Mr. Odio: Well, for instance, what I would like to do, is as I prepare the budget, when I get $200,000 for the Knight Center, I'd like to reduce the debt of the Knight Center by $200,000. Mayor Suarez: I know what you would like to do. I'm trying to figure out what we would like to with the money, if we get it, Mr. Manager. If... does the wording say that the money will be collected from any one facility and will be usable for all the facilities owned by the City? Mr. Odio: It should go back right to the facility, then. Mr. Plummer: Back to the entity from which it was derived. 71 May 19, 1988 Mrs. Kennedy: Yes, and that was what was told to me. Mayer Suarez: Then, that contradicts what you just told us, then, that it is not... Mr. Odio: Well, I apologize. Mayor Suarez: All right now, I have a problem with that. Why should it be constrained to that facility? Mr. Odio: Well, because it is a direct seat charge, and it is a user's fee and we want.., if people come into the facility and use that facility... Mayor Suarez: You understand that, and all of us understand that, and you have the Orange Bowl, for example, just to give one example, to enable people to use the Orange Bowl, you have to have decent streets, you have to have a variety of services, you have to occasionally upgrade the equipment of our Fire Department, and our Police Department, which are capital needs, and we might someday want to use the money for something other than the Orange Bowl. Mr. De Yurre: OK, Mr. Mayor, can we just take, if we have an additional $200,000, for example, the Marine Stadium, whatever the amount is going to be for that, can't we say, OK, that money, because with the concept of the user fee, that it should be spent there, can't we just offset from the budget for that facility, deduct the amount? Mayor Suarez: Or, if we have an operating loss, too. Mr. Plummer: They're all at an operating loss except the Orange Bowl. Mr. Odio: Yes, you could. We are projecting no operating loss, but that would relieve... Mr. De Yurre: You know, something that, I don't know if it is a matter of perception, or if it is a matter of reality, but here we are talking about an extra $1,000,000, and we take that $1,000,000, and we're just talking about maintenance. I would like to see us at some point in time, and saying, OK, let's take that $1,000,000 and let's create something new. You know, if you are talking about an additional $1,000,000, why can't we take the concept of the Grapeland Park facility we are talking about building that facility for baseball; why don't we earmark, say, OK, for the next two years we are going to take that money and we are going to make that dream come true? Mayor Suarez: Or we could have it, bond that out to $10,000,000, possibly, $11,000,000 or $12,000,000. Mr. Odio: From $1,000,000, you can bond out about $10,000,000 to $12,000,000, so it's no problem. Mr. De Yurre: Yes, I just like to see, you know, something new happening in the City in that respect as far as parks and recreation is concerned for the inner-city. Mr. Odio: But, let me put also on the record that the University of Miami expects a first class facility, and they are willing to add the $1.00 seat charge. Mayor Suarez: OK, but, Cesar, the University of Miami, by my estimate has been getting, or the Orange Bowl has been getting about $1,000,000 in Improvements from a variety of sources from the City, the last couple of years, since 1 have been sitting here. I don't know, before, if it was allowed to deteriorate. Mr. Plummer: Wait a minute, well hold on now, let's go into it. I was hoping we wouldn't have to go into it today, but let's go into it. Cesar, Mr. Jankovich said flat out, that he only agreed to the $1.00 surcharge on behalf of the University of Miami, if that money went back into the Orange Bowl, period, OK? So now, if they are trying to take this money and use it for something else, then the University of Miami has been very clear that they will not be involved in it, so I mean... 72 May 19, 1986 A Mayor Suarez: But, if you tie bur hands on this surcharge to be used for that exact facility, then, any time there is any other funds available, such as the fnoney that has been previously allocated to the Orange Bowl for improvements to the Orange Bowl, which is resulting from the tourism development tax, then we are not going to allocate it to the Orange Bowl, not for my vote. Mr. Plummer: Hey, all I am doing is making the record clear. 1 understand what you are saying. Mr. Dawkins: Does a ticket charge also apply to the arena? Mr. Odic: The arena has a seat charge already, Commissioner. We do not own the arena technically, but we do have a 75 cent seat charge in the arena. Mr. Plummer: We do not collect it. Mr. Odic: We do not collect that. Mr. Dawkins: Does it come to us? Mr. Plummer: No. Mr. Dawkins: Why? Mr. Plummer: Because it goes to Dacoma. Mr. Dawkins: It goes to who? Mr. Plummer: Dacoma. Mr. Odic: Dacoma. Mr. Dawkins: Why? Mr. Plummer: Because they negotiated it away. Mr. Odic: It was part of the negotiations that were... Mr. De Yurre: To be used for the maintenance of the facility. Mr. Odic: For the maintenance of the facility. Mr. Dawkins: OK, we negotiate away the 75 cents. We negotiate away to pay the tear if the team loses, we also negotiate away that if Dacoma loses, the City of Miami picks up that, but what the hell do get in there? Mr. Odic: Let me correct myself, because it was like that, but we corrected that. We get 25 percent of the seat charge. Mr. Dawkins: We get a quarter out of it. Mr. Odic: The City gets a quarter out of it. Mr. Dawkins: All right then, as Commissioner De Yurre says, you know I am in favor of the City parks receiving that, since this is a new facility, I don't see where it is going to take that much maintenance and I don't see why that 25 cents could not go to the City parks. Mr. Odic: Well, that is committed to the Sports Authority. We do not own the arena, Commissioner. Mayor Suarez: But, talking about the... we are all concentrating on the issue of this... Mr. De Yurre: Hey, let's talk about the present. Mayor Suarez: Right, the ordinance that just got before us here. Mr. De Yurre: The $1,000,000, or whatever the amount is, what I would like to do, is to come to an agreement wherein if we vote to approve this surcharge, or this user fee, or this ticket increase, seat charge, that that money not be expensed until we approve it. We may want to say, OK, let's take five hundred and use it for something to do with Parks and Recreation. 73 May 19, 1988 Mr. Plummer: well, victor, all I am saying to you is, the University of Miami was very, very clear, OK? _ that the only way they would agree to the seat charge was if in fact that money went back into the Orange Bowl. Mr. Dawkins: And I am pretty sure the Orange Bowl Committee feels the same way, J.L. Mr. Plummer: Exactly. The control that this Commission would take, is that any of those monies, whatever they were expended for, this Commission would have to approve. For example, in June, we are going to be bringing you the presentation of the portion of the project, as you know. That, the City Commission has a right to approve or disapprove. The basis of it is, in the Orange Bowl alone, there should be derived approximately $1,000,000 a year, all right? Of that $1,000,000, to do the improvements through bonding, you can, in fact, do all of the improvements without any costs to the taxpayers - all the monies derive from the seat charges. OK, I want to make it very clear on the record. Mr. De Yurre: Well, let me rephrase it then. Even if it is going to be expensed, or spent in the Orange Bowl, I want it to come before the Commission before a penny is spent. Mr. Plummer: Oh, yes, you've got to. Mr. Odio: No, we have to Commissioner. We cannot spend.... Mr. De Yurre: .... then we make a decision... of whether to, OK, if we are going to allocate $500,000 of this amount for the Orange Bowl, then we can pull it out from somewhere else, where it goes to the Orange Bowl, like the annual $1,000,000 that we end up spending for the Orange Bowl. Mr. Dawkins: But, I doubt seriously, Commissioner De Yurre, if the UM would buy that. See, now, the UM is definitely said, in fact, and the Orange Bowl Committee that they will go along with this, if we upgrade the Orange Bowl facility. Now, when we pull the money from another park, then we are really not living up to the spirit of the agreement, and they would probably back out of the agreement, but we can try it, I have no problem with it. Mr. Plummer: No, no, excuse me, there is no backing out of it. They made that extremely clear from the beginning, OK, that that was the only way and that is the way this ordinance is presented - that the only way they would agree to it, is in fact, it goes back into the entity from which it was derived. Now, you know, you can argue the point all day long, or they can argue the point all day long, you know, their contention is that they are only interested in there which they play; likewise, so is the Orange Bowl Committee. Mr. De Yurre: OK, well, I move it based on the fact that any money that is to be spent, that it comes to us before it is actually spent. I'd just like to have an idea... Mr. Plummer: Oh, there is no question that any... the money spent... Mayor Suarez: He moved it. Second it, please. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Mrs. Kennedy: And again we are talking of admission charge of up to five dollars fifty cents; five to fifteen dollars seventy-five cents; and anything over that, one dollar. Mr. Plummer: That is correct. Mrs. Kennedy: OK. Mayor Suarez: OK, moved and seconded with that clarification, and that's clear in the wording here? Mr. Plummer: Yes. 74 May 19, 1988 Mr. Odio: We didn't want to add a dollar to i $5.00 ticket. Mr. be Yurre: We are talking about events, we are not talking about any parks, or the beach, or anything, that they didn't get charged to go to the beach, right? it does not include the beach? Mr. Plummer: If there is a ticket sold. Mr. Odio: Oh, no, no. This is for the 8ayfront Park Auditorium. Mr. De Yurre: You've identified the facilities that are going to be charged? Mr. Odio: Yes, sir. Mr. Dawkins: When we get this many people, put it on here too. Mr. Plummer: Including Gusman Hall. Mr. Odic: Including Gusman Hall. Mrs. Dougherty: Wait, wait. Mr. Plummer: Including Gusman Hall. Mrs. Dougherty: The way the language reads... Mr. Dawkins: And including this one when it is finished. Mr. Plummer: Oh, yes. Mrs. Dougherty: Mr. Mayor... just a minute, the language here says: including without limitation, and then it lists many facilities. Gusman Hall is not included in the list, but under the language of included without limitation, it means it's in. Mayor Suarez: It is not specifically included, but it could be considered to be included. Mr. Plummer: Yes. Mrs. Dougherty: I just want to make sure that that's. what your intent was, because if your intent is to only to make these facilities... Mayor Suarez: I gather if we didn't list it, then we probably weren't thinking in terms of that facility and we ought to consider that further. Should we? Mr. Odio: Let me say this. It was brought to my attention about Gusman Hall and I said, I need to talk to Mulvena about it, since we do not manage that facility. Mayor Suarez: Yes, we can always include additional ones if they are not... Mr. Odio: We can always include it, but I'd rather include it now that it's here and get it over. Mr. Plummer: No, no, it included. Gusman Hall is included. Mr. Odio: Fine, that way we will erase the debt. Mr. Plummer: And that money comes back to the City for... Mr. Odio: Oh, we have a deficit of $150,000, there, so... Mayor Suarez: OK, so... Mr. Plummer: Well, maybe we don't. Mrs. Dougherty: The language of this, it goes to Off -Street Parking, though, Mayor Suarez: Right. 75 May 19, 1988 Mr. Fluffoer: Vhat1 Mrs. Dougherty: it goes to Off=Street parking. Mr. Plummer: Oh, ro, fib! Mr. Dawkins: Vhat? What goes to Off -Street Parking! Vhat goes to Off -Street Parking? Mayor Suarez: It goes to the facility, that's why 1 wanted to free it up, but to far, it goes to the facility in question. Mrs. Dougherty: The language is: "The funds will be retained by the facility or park from which they are generated, thereby providing revenue to significantly augment the operating and the capital budgets of said properties." INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Dougherty: Yes, it could be. Mr. Plummer: That's operational, so we get the money to pay the subsidy. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Hey, I hope we do better. Mrs. Dougherty: We include subsidy in that language. Mr. Plummer: Fine, include subsidy, sure. Mrs. Dougherty: So, everybody understands that the language here, these facilities that are listed are not going to be exclusive. OK. Mayor Suarez: We can add more facilities at any time, OK. So moved and seconded. Read the ordinance. Mrs. Dougherty: And remember that the Orange Bowl games specifically is excluded. Mr. Plummer: It is excluded, yes, with the understanding of a like amount. Mrs. Dougherty: Yes. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ADOPTING A NEW SECTION 53-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, TO ESTABLISH A TICKET SURCHARGE ON PAID ADMISSIONS FOR l EVENTS HELD IN CITY OF MIAMI PUBLIC FACILTIES AND PARKS; FURTHER AMENDING SECTIONS 53-131(C), 53-135(A) AND (B) OF SAID CODE BY DELETING REFERENCES TO THE "THE NATIONAL FOOTBALL LEAGUE" AND SUBSTITUTING THE TERM "PROFESSIONAL FOOTBALL" WHERE APPLICABLE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: 4 Il 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. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10439. 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. 13. (CONTINUED DISCUSSION) EMERGENCY ORDINANCE: AMEND CODE CHAPTER 22 "GARBAGE AND TRASH" - PROVIDE FOR ISSUANCE OF MUNICIPAL REGULATORY LICENSE TO BE REQUIRED OF ALL PERSONS OR FIRMS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY, PROVIDING FOR CERTAIN OTHER REQUIREMENTS (SEE LABEL 10). Mr. Plummer: We can go back to the garbage ordinance, because I am going to have to leave. Would you read the wording into that ordinance on 1, please? Mr. Ingraham: The wording would remain as per instructions. The word, "may" shall remain instead of "shall" as we had originally presented it. On line 9 also there is additional wording after the word, "conditions" that will read as follows: "With a minimum size of a two cubic yard container being required for each four units, or on a pro rata basis with a minimum of twice per week collection. Mr. Plummer: And you think that is adequate? Mr. Ingraham: Yes. Mr. Plummer: I move item 1. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Greg. Mr. Greg Borgognoni: Yes, for the record, Greg Borgognoni, in behalf of National Solid Waste Management Association. A point, just a question here, is this minimum level of service apply to City's service also, commercial service? Mr. Plummer: Sure, why not? Mr. Odio: What do you mean? What is the question, what do you mean by that? Mr. Borgognoni: Well, the City is competing for the same customers, they have the same level of service requirement? Mr. Ingraham: Oh, yes, right. 77 May 19, 1988 Mr. Odio: We always have. Mr. Ingraham: Yes. Mr. Borgognoni: They doi OK. Mr. Odio: In fact, we are better. Mr. Dawkins: That's why we asked him to give us what you require, because we are trying to make this thing uniform so that we can.•• we are trying to co= exist, that is all the hell we want to do. Mr. Odio: We are asking you to do it like we do it. Mr. Ingraham: Right. Mr. Borgognoni: That's right, that's fine. That's fine. All right, two other things we had talked about, there wasn't time to put them in the ordinance, but Mr. Ingraham said the Department will work with us on developing a coordinated enforcement for things like this minimum and on minimum requirements for permittees, financial responsibility, experience, and that sort of thing, with the... Mr. Ingraham: Those things will be handled, Vice Mayor, and members of the Commission, through administrative policy. We have already started working on those. Mr. Plummer(OFF MIKE): This Commission will approve? Mr. Ingraham: Yes. Mr. Borgognoni: And based on that understanding, we'll bring that to the Commission. We support, the association supports the ordinance. Mr. Dawkins: And we also are going to work out something where, if the inspector finds something, they can call a number and we can solve it right away. Mr. Borgognoni: Beautiful. Good idea. Mr. De Yurre: Question. We're talking about six percent? Mr. Borgognoni: Six percent, yes. Mr. Odio: Six percent of their gross. Mr. De Yurre: How does that compare to other agreements with other municipalities? Mr. Odio: For instance, the City of Miami Beach has six percent. Mr. De Yurre: What else? Mr. Odio: And the ones that we checked, in Atlanta, I believe it was... Mr. Ingraham: Well, they vary throughout the country. Mr. Odio: They do vary. Mrs. Kennedy: But six percent is the highest, right? Mr. Odio: No, I think there was one city that was higher, but it was exceptional, because... Mr. De Yurre: What was the exception? Mr. Ingraham: The exception was 14 or 17 percent, yes. This six percent is based on a regulatory basis in reference to what... Mr. Odio: The city that had the 14 percent, they had an exclusive right, and the city did not pick up... 78 Mr. Ingraham: kight. Mr. Odio: They did not compete. Ift 'Other words, we are in cftWitibho to that was the difference in that City: The other cities ate it: the rAftAb bf six percent, I believe, no? Mr. Ingraham: Yes. Mr. De Yurre: Except for that City, is there any other City that gets m6fe than six percent? Mr. Ingraham: I'm quite sure that there are, Comfaissianerr Mr. De Yurre: Well, which ones are they? Mr: Ingraham: I don't have that before me. Mr. De Yurre: And how much are the getting? Mr. Ingraham: Well, the range can go from six up, but it depends on a number of different things. This is contingent upon the fact of the City competing and not having districts, not having zones, this wide open competition, Mr. De Yurre: I'm asking, comparing apples with apples, similar situation in other municipalities, how much are they getting? Mr. Odio: Miami Beach, six percent. Mr. Borgognoni: Commissioner De Yurre... Mr. De Yurre: What others? Mr. Odio: The other ones, six percent. Mr. Borgognoni: All through Florida, in a situation like this, six percent or less, is the standard. The only higher rates are when you have some combination of exclusivity... Mr. Ingraham: Right. Mr. Borgognoni: ... for one company, or the city doesn't compete, or something like that, which we're always willing to discuss. Mr. Dawkins: How many private haulers do we have in the City of Miami? Mr. Ingraham: Forty-five that are... Mr. Dawkins: Forty-five? Mr. Ingraham: Right. Mr. Dawkins: So, we are getting six percent from 45 haulers, how can we complain? f Mr. Odio: I would have preferred eight, but I mean, you know... Mr. Borgognoni: That will depend on the permit requirements. Mr. Dawkins: See, we are getting... Mr. Odio: We tried for eight, but you know, it has been... Mrs. Kennedy: Come on J.L., come here and take the heat. Come here! Mr. Plummer: (OFF MIKE) Call the roll! Mayor Suarez: OK, anything further from the Commission? Read the ordinance, Call the roll. Mrs. Dougherty: This is read as amended. 0 0 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING CHAPTER 22, ENTITLED &GARBAGE AND TRASH", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR: THE ISSUANCE OF A REGULATORY PERMIT REQUIRED FOR ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY, THE PAYMENT OF A REGULATORY PERMIT FEE, THE SUBMISSION OF CERTAIN FINANCIAL STATEMENTS AND DOCUMENTS, AND THE AUTHORIZATION OF THE DIRECTOR OF THE SOLID WASTE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS IN REGARD TO THE ISSUANCE AND ADMINISTRATION OF SUCH PERMIT AND FEE; MORE PARTICULARLY, BY AMENDING PARAGRAPH (1) AND REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF SECTION 22-13, REPEALING SECTIONS 22-18.5 AND 22-16.7 IN THEIR ENTIRETY; AMENDING SUBSECTIONS (g) AND (h) OF SECTION 22-18.1, AMENDING SECTION 22-16.4, AMENDING SECTION 22-18.6, AND ADDING NEW SECTIONS 22-18.12 AND 22-18.13 TO SAID CHAPTER 22; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and Dawkins, for adoption as an emergency measure requirement of reading same on two separate days, following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10440. 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. NOTE FOR THE RECORD: COMMISSIONER PLUMMER LEFT THE MEETING AT 7:00 P.M. 80 May 19, 1988 14. CITY COMMISSION EXPRESSION OF SUPPORT IN CONNECTION WITH PREPARATIONS FOR THE HOSTING OF A WORLD FAIR TO BE HELD IN MIAMI IN 1996. Mayor Suarez: Yes, Madam Vice Mayor. Mrs. Kennedy: Yes, Mr. Carlos Ortiz with the World's Fair is here to make a very short presentation. Mr. Carlos Ortiz de Valderrama: Mayor Suarez, Commissioner, I welcome this opportunity to address this body and through it, the community. For over 11 years, I have acknowledged the potential of South Florida hosting a World's Fair. One thing most World Fairs seem to have in common, was celebrating city's centennials. Miami's was 1896, and I knew then that 1996 was going to be our turn. Over two years ago, constantly abreast of international expositions and developments, I realized that Chicago was not going to meet their commitment to host a fair in 1992, and I began communicating with City, County, and State governments, calling attention to the possibility that South Florida could host a World's Fair. A few months ago I received a phone call from the U.S. Department of Commerce. The World's Fair office knew of the work I had done, and recognized Metropolitan Miami's sole potential to host a successful event. I was informed that Chicago had lost registration for a World's Fair in 1992 from the Bureau of International Expositions in Paris, and that furthermore, there, the BIE is meeting this month to adopt new rules, clearing the way for us to apply for registration for a World's Fair in 1995 and '96. With strong encouragement from the Department, I embarked on a mission to try as hard as I could to raise community awareness and support for this project. I have met and continued meeting with government and civic leaders. Today, the City of Miami, through this Commission, is considering a resolution for support of the concept of Miami's hosting a World's Fair. What does the World's Fair mean? The primary purpose of a World's Fair for Miami in 1996 is the unique, profound and lasting cultural and education experience for our citizens and millions more throughout the world. The long term residual enrichment of civic pride, will enhance worldwide cultural, and economic recognition, along with associated public improvements will affect and benefit generations into the next century. For visitors to Miami's World's Fair will provide the most stimulating, entertaining and cultural experience of a lifetime. For participants, the fair opens the world to the most centrally located and leading port in the western hemisphere, to the most responsive, and the largest audience of any exposition in modern times. This is the first such opportunity to host such an event in this dynamic industrial and recreational city. Mayor Suarez: Can you just sort of paraphrase and tell us what, if anything, you want the City to do? Mr. Ortiz de Valderrama: Adopt this resolution pursuing the concept of the proposal for a World's Fair, commemorating... Mayor Suarez: That's all you are asking us to do, pursing the concept? Mr. Ortiz de Valderrama: Yes, right now. Mayor Suarez: You are not going to later say that we agreed to try to get the World's Fair and we didn't allocate any funds, or didn't work hard to get it, or something, because we are not committing anything other than just a sort of... Mrs. Kennedy: You are going to be in Tallahassee to lobby for funds, correct? - and before you do that, you need some kind of resolution from us adopting this project. Mr. Ortiz de Valderrama: That's correct. Mrs. Kennedy: OK, I so move. Mayor Suarez: So moved. Mr. Dawkins: Second. 81 May 19, 1988 Mayor Suarez: You second the support? Let me just say One thing, that the last time, as sort of a caveat, or caution to you - the last time that a private sector group got involved in trying to promote something like this for Miami was in 1992, the Quicentennial Exposition in Miami, and I think the last time I talked to them, they ended up going about $1,000,000 into debt, it was awarded to Chicago instead of Miami. Chicago quickly dropped it when they found they could not finance what it took by way of promotional infrastructure, whatever it is, to you know, that is just the kinds of things that happen when you try to go after a world exhibition of whatever. This Comrt:ission is clearly on record as not supporting with financial support, anything other than the festivals that we already support, and we would like to tell you that it is a great idea, if you can get it, you know, that's great, but our budget is 90 percent dedicated to salaries for the basic services the City renders, and the other 10 percent for ancillary things and other needs of the City, so don't expect any resources from us. Mr. Ortiz de Valderrama: Mr. Mayor, may I add a comment to Mayor Suarez: At your own risk. Mr. Ortiz de Valderrama: The Chicago World's Fair wanted to fill in a lot of the lakes to have their exposition there. If they had had a more realistic attempt... Mayor Suarez: No, I was talking about the quincentennial which Chicago won, the Columbus celebration. Mr. Ortiz de Valderrama: The quincentennial celebration... sir, I met with Dave Culley, because I had done a lot of research. Mayor Suarez: You don't disagree with the statement I made on that, right? - that Chicago won, and then they dropped it? Mr. Ortiz de Valderrama: Yes, they did, but Miami should never have gone against Chicago at that time. If Miami had done their homework, they would have realized Chicago is the Mayor Suarez: Well, I know it cost $1,000,000 to do whatever was done, and if that was not enough, then I shudder to think what might be enough. Mrs. Kennedy: Were you also approaching the County? Mr. Ortiz de Valderrama: Yes. Mayor Suarez: With that understanding that it doesn't involve any resources other than our symbolic support, call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-468 A MOTION OF SYMBOLIC SUPPORT BY THE CITY COMMISSION GOING ON RECORD ENDORSING REPRESENTATIVE OF THE WORLD'S FAIR COMMITTEE TO PURSUE THE CONCEPT OF HOSTING A WORLD FAIR IN MIAMI IN 1996. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 82 May 19, 1988 0 0 a --------------------------------------------------------------------- OPMENT GET 15. APPROVE)- SOUTHEAST NTERESTRPAYMENTRON`ASU.S. HUDLSECT ONT1O8TLOANDFORDPHASEFI LAND ACQUISITION. Mayor Suarez: I will entertain a motion on item 4. 1 think Commissioner Dawkins had resolved that, before we get to PZ, 1 am sorry. Mr. Dawkins: Yes, I moved it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item 4. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-469 A RESOLUTION APPROVING THE FY 1988 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND BUDGET FOR THE PURPOSE OF MAKING AN INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION AND FOR MARKETING SUPPORT AND ASSOCIATED REDEVELOPMENT PLANNING ACTIVITIES FOR PHASE I HOUSING DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO SEEK APPROVAL FROM THE DADE COUNTY COMMISSION FOR USE OF REDEVELOPMENT TRUST FUND REVENUES FOR THESE PURPOSES. (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 16. GRANT REQUEST FOR DONATION OF SURPLUS POLICE VEHICLE, LIGHT BAR AND SIREN - TO BE USED IN CONNECTION WITH THE POLICE CHARITY DEMO -DERBY AND STOCK CAR RACE. Mayor Suarez: I for got item S, Captain Sayre. You want a police vehicle to be used in demolition, or something. Mr. Dawkins: Move it. Mayor Suarez: Why this item would have to come to the Commission, I'll never know, Mr. Manager, but if you can figure out a way to not have it. We have a motion. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll. 83 May 19, 1988 • • The following motion Was its adoption: Introduced by Commissioner Dawkins, who moved MOTION NO. 88-410 A MOTION GRANTING REQUEST BY RODNEY SAYRE, POLICE CAPTAIN, FOR DONATION OF A SURPLUS POLICE VEHICLE WITH POLICE MARKINGS, DONATION OF A SURPLUS LIGHT BAR AND SIREN AND PERMISSION FOR POLICE OFFICERS TO WORK ON SAID CAR ON CITY PROPERTY DURING THEIR OFF -DUTY TIME TO BE USED IN CONNECTION WITH THE POLICE CHARITY DEMO -DERBY AND STOCK CAR RACE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: ATES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. NOTE FOR THE RECORD: AGENDA ITEM 6 WAS WITHDRAWN BY APPLICANT. ------------------------------------------------------------------------------ 17. FIRST READING ORDINANCE: ZONING TEXT AMENDMENT - SPECIAL PUBLIC INTEREST DISTRICTS - SPI-7 BRICKELL MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS - PERMISSIBLE PRINCIPAL USES AND STRUCTURES, PRINCIPLE USES PERMISSIBLE AT OTHER LOCATIONS, PERMIT COMMERCIAL MARINAS, PIERS AND SIMILAR USES, ETC. Mayor Suarez: OK, back to PZ-1. on PZ-17 Mr. Dawkins: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Yes, second. We have a motion from Commissioner Dawkins Mr. Dawkins: And approved by both... Mayor Suarez: Seconded, any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 1573 PERTAINING TO THE SPI-7 BRICKELL-MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS, BY ADDING YACHT AND MARINE INSURANCE BROKERS AS PERMISSIBLE USES, BY PERMITTING, BY SPECIAL EXCEPTION ONLY, COMMERCIAL MARINAS, MARINE FUEL FACILITIES, BOAT RENTAL SALES AND SERVICE, WITH LIMITATIONS, AND PIERS AND OPEN DRY BOAT STORAGE, WITH CONDITIONS; AND RESTRICTING THE USE OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; FURTHER, AMENDING SECTION 1578, ENTITLED "OFF-STREET PARKING AND LOADING," BY REFERENCING SECTION 2024 AND ESTABLISHING PARKING SPACE REQUIREMENTS FOR DRY BOAT STORAGE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote: 84 May 19, 1988 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. 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. -------------------------- ---------------------------------------------------- 18. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE REGARDING ZONING TEXT AMENDMENT - TO PROVIDE DEFINITION FOR AUTOMOBILE WRECKING YARD, USES AND STRUCTURES TO ALLOW PERMITTED USES FOR AUTOMOBILE WRECKING AND DISMANTLING, ETC. Mayor Suarez: PZ-2. Is that... Mr. Olmedillo: PZ-2 is an amendment to allow wrecking yards within the City. The history is that the City has never allowed wrecking yards to occur. In some of the industrial areas, you are allowed to sell used parts. What you are not allowed to do, is dismantle the cars within these areas. The Planning Department has recommended denial of the amendment and the Planning Advisory Board recommended denial by a 9-0 vote. Mayor Suarez: OK, I must have missed something. How can it be a Planning Department item and the Planning Department recommends denial? Mr. Rodriguez: Because it was a request of the Commission that we bring this item before you. Mayor Suarez: So you end up getting the blame for it being your item? Mr. Rodriguez: We bring the item, but we recommend against it. Mayor Suarez: Who wants this? Mr. Dawkins: Commissioner Dawkins asked for the item to be brought. Mayor Suarez: Ah-ha! Mr. Rodriguez: Also, Commissioner Dawkins asked for a report on inspections in the Allapattah area, and if you want to, we have here somebody from the building and Zoning Department to report on that; it is in your packages on page number 4, of PZ-2 of your package. Mr. Dawkins: OK, the reason I asked for this is that there are a number of Chop shops in that area, and we singled out one individual and jumped on him. Now, the one here, at 2100 NW loth Avenue, a guy has a radiator shop, and he is chopping up automobiles, but we haven't put him out of business, all right? Now, there is a chop shop on NW 8 and 21st Street. There is another one on llth and 22nd. There is one on 7754 NW 21st Terrace. There is one at 475 NW 21st Terrace, working right in the street, chopping up automobiles right in the street. There is a Machado Central Inc. Two lots down from him there is a chop lot, chop shop, and at 2100 NW 8th Avenue and 2120 NW 8th Avenue. All of these chop shops in that area and all you guys bring me, is, out of all of these you got here, only one of them is between 7th Avenue and 12th Avenue, and that is the one at 2100 NW loth Avenue, and I just rode by there to be sure before I come to Commission, all of these chop shops are in there. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: Yes, they are in violation. Mayor Suarez: Those are in violation? 65 May 19, 1988 Mr. Rodriguez: Juan Gonzalez from Building and Zoning will address that. Mr. Juan Gonzalez: Commissioner, Mr. Mayor, City of Miami zoning section is currently enforcing in just that particular area. We took a basis count of our zoning inspector that that particular zone. Right now, we have a total of nine properties we are enforcing the zoning code on, inclusive two of them are going before the Zoning Board on May 25th. We have particularly two cases in that zone that will go for the same use, salvaging of debris, and auto repairs In illegal areas. In that particular zone, around 36th Street, to about 7th Avenue to about 17th Avenue, south to about 20th Street, we have nine current cases working on that. The problem with the chop shops is it is like ants in a yard, you put poison in one hole, they move over and start the next. But, the City of Miami does try to enforce the ordinance. We currently are, just in that particular area, we do have 9 cases, and we tackle that problem throughout the City of Miami. Mr. Dawkins: How many inspectors do you have? Mr. Gonzalez: For that particular zone, one inspector. Mr. Dawkins: How many inspectors do you have for the total City of Miami? Mr. Gonzalez: We have five zoning field inspectors. Mr. Dawkins: Five? Mr. Gonzalez: Yes, sir. Mr. Dawkins: All right, what would make another area... how many do you have in the next zone? Mr. Gonzalez: In the next zone, we have two zones north of the river. We have two inspectors. Mr. Dawkins: Two inspectors. All right, that gives us two inspectors. The other two are in what zone? Mr. Gonzalez: The other three are in Coconut Grove zone, West Miami zone and Brickell downtown zone. Mr. Dawkins: Mr. City Manager, sir, I can't understand why I can ride through there and I do not accept the fact that when they move them from one side of the street, they move to the next. Now, all the hell they got to do, is ride through there, cite them, bring the police in there and shut them down. They are in violation of our code. Mr. Gonzalez: Commissioner Dawkins, we do try to work with the Police Department, because keep in mind, we only have jurisdiction on private property. If they are operating on the street, we do have special police units, specially from Officer Frank Chacon, that goes out there and cites them for operating in the public right-of-way. Mayor Suarez: Wait, wait) We only have jurisdiction on private property? Mr. Gonzalez: That is correct. Mayor Suarez: Come to the Commission and tell us that. You are acting on behalf of the City of Miami, we sure as hell have jurisdiction over the public property, much more than over private property. So, you call the Police Department, you can do it through the Manager, by whatever other means, you do it from your car, if you have communications equipment, which hopefully you have, and you have a great deal more jurisdiction over public property than you do over private property. Your particular department is concerned with zoning violations, typically on private property, but please don't say you have no jurisdiction over public property. You are the entire City and there is no reason why you cannot communicate Joe and make sure that he has somebody out there when you find a violation, and that is an easy one to cure, because if it is on public property, then we can eliminate it, although on private property, it might require certain proceedings, you know. Mr. Gonzalez: Mr. Mayor, to clarify myself, we do work closely with a special police unit and we do refer it to them when they are on the public right-of- way. 86 May 19, 1988 Mrs. Kennedy: I think that we should enforce the law, rather than bring in a wrecking yard to Miami. We have some in Hialeah, we have some next to Jai Alai, and it really would be kind of ugly to bring that into the City. Mr. Dawkins: what made me bring this before the Commission, is there is a guy out there who spent $70,000 to clean up a lot and put a chop shop on it, and we are harassing him, and these guys here getting away with murder, and nobody is harassing them, and that's why I brought it before the Commission. Mr. Rodriguez: Commissioner Dawkins, if you will be so kind to give us the list, we will follow up on those specific cases immediately. Mr. Dawkins: I'll defer this item, and when is the next meeting? Mr. Rodriguez: June 23rd. Mr. Dawkins: All right, on the 22nd, I'd like for one of your inspectors to meet me in my office - two hours before we meet, whatever it is, and I am going to go out there and let him collect the addresses down, OK? Mr. Rodriguez: Ok, very good. Mayor Suarez: Work it out so that we can keep the pressure on, and otherwise, we have a motion to defer the item. Mr. Dawkins: OR, thank you. Mayor Suarez: Do we have a second? Mr. Rodriguez: You have a motion to continue the item until June 23rd. Mayor Suarez: Continue the item, rather. Thank you. Moved, seconded, any discussion? Call the roll. MOTION TO CONTINUE UPON MOTION DULY MADE BY Commissioner Dawkins and seconded by Vice Mayor Kennedy, this item was continued to meeting of June 23rd 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. 19. STREET CLOSURE - TENTATIVE PLAT NO. 1311 - "GRAN CENTRAL SUBDIVISION" - (APPLICANTS: FLORIDA EAST COAST RAILWAY CO AND GRAN CENTRAL CORPORATION). Mayor Suarez: Item PZ-3. Mr. Jim Kay: Mr. Mayor, and members of the Commission, Jim Kay, representing Public Works this evening. This next item is a vacating and street closure in connection with the Gran Central subdivision plat, as shown on the overhead, NW 2nd Street, Nil 4th Street, be closed... Mr. Dawkins: Does the Administration recommend approval? Mr. Rodriguez: The Administration recommends approval. Mr. Dawkins: So moved. Mayor Suarez: Moved. 87 May 19, 1988 Mrs. Kennedy: Second. Mayor Suarez: Seconded. Anyone from the general public with to be heard on this item? Mr. Borreto not going to oppose this? Mr. Kay: No, I just want to make a correction here on this thing. Mayor Suarez: Is that something the Commission ought to be advised of, Jim? Mr. Kay: well, it is the... in the property address, the description should read: "That portion of NW 2nd and 4th Street located west of NW 1st Avenue, and east of the Metrorail right-of-way, and not FEC right-of-way. Mayor Suarez: OK, that correction. Mr. Dawkins: Will the Administration accept that correction? Mr. Rodriguez: Test sir. Mrs. Kennedy: Move it. Mayor Suarez: Moved, seconded. Any discussion? Read the ordinance. Is there an ordinance? Ms. Hirai: No, sir, it is a resolution. Mayor Suarez: Call the roll on the resolution. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-471 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 1ST AVENUE LOCATED NORTH OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST STH STREET AND SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 6TH STREET; THAT PORTION OF NORTHWEST 6TH STREET; THAT PORTION OF NORTHWEST 1ST AVENUE LOCATED NORTH OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 6TH STREET AND A POINT APPROXIMATELY 150' SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST STH STREET; THAT PORTION OF NORTHWEST 2ND STREET LOCATED WEST OF THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 1ST AVENUE AND EAST OF THE METRO RAIL RIGHT-OF-WAY; AND THAT PORTION OF NORTHWEST 4TH STREET LOCATED WEST OF THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 1ST AVENUE AND EAST OF THE METRO RAIL RIGHT -OF WAY; ALL AS A PART OF THE REALIGNMENT OF NORTHWEST 1ST AVENUE AND ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO.1311, "GRAN CENTRAL SUBDIVISION." (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Be May 19, 1988 20. GRANT APPEAL BY MR. CHARLES CONFALONE - ALLOW CONSTRUCTION AND OPERATION OF A SELF -STORAGE FACILITY AT APPROXIMATELY 2960-2978 6 2990 SW 28TH LANE - WITH A ONE YEAR REVIEW. Mayor Suarez: PZ-4. Mr. Olmedillo: PZ-4 is an appeal and I would defer to the appellant before we make our presentation. Mayor Suarez: OK, appellant, proceed. Mr. Stanley Price: Mr. Mayor and members of the Commission, my name is Stanley Price, lawfirm of Fine, Jacobson, One Centrust Financial Center. Since the meeting of the Zoning Board, we have amended our plan, which we believe now concurs with the recommendations of staff. This is a multistory record keeping facility, which is going to be constructed in the City of Miami by Public Storage Corporation, the largest mini -warehouse company in the Country. This is the second such facility of its type which will be constructed in the City. The first facility, in which building permits are now pending to the Bower meat packing facility on Sth Street. The principal purpose of this facility would be record storage in the air conditioned spaces. We have requested a variance to your parking requirements based upon national standards, which we have supplied to your staff. The zoning code of the City of Miami treats all these warehouse uses as though they were similar functions, and therefore, they are calculated on a square foot basis. We have provided to the staff, the national standards which are used by the American Planning Association and the Planning Advisory Service, indicating that the total spaces should be in the neighborhood of 12 to 13 spaces. Staff, in their report, have indicated that they would have preferred 17 spaces. Since the Zoning Board denial by a 5-4 vote, we have increased the amount of spaces. We have concurred with staff in regard, to the construction of a loading dock which will meet code requirements and we believe staff is now in a position to recommend approval based... Mayor Suarez: How many are you proposing, now? Mr. Price: 19 parking spaces, sir. Mayor Suarez: Do you now recommend? Mr. Price: Based upon an annual review. Mr. Olmedillo: We do recommend with the 19, one loading space, and a review in one year. Mayor Suarez: How about the loading space? Mr. Price: We have agreed to that, sir. Mayor Suarez: Do you have any problems to review in one year? Mr. Price: No, sir. Mayor Suarez: I entertain a motion... oh I am sorry, does anybody wish to be heard on this item against it? Presumably we have heard from the appellant, who supports it. Yes, sir, go ahead. Why don't you go ahead and come up and let's clarify that. It is on the north side of Dixie? Mr. Price: Yes, air. Mr. Dawkins: No, west side. That is on the west side of the Dixie. Mayor Suarez: Dixie is kind of diagonal, so northwest? Mr. Price: Northwest, it is right next to the Metrorail station, contiguous to Metrorail. Mr. Olmedillo: Yes, if you see the transparency. 89 May 19, 1988 Mr. Dawkins: This is the one where you are giving up the loading docks to? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Olmedillo: No, the lot involves... what we are saying is that we would accept one. Mr. Dawkins: Why? Why? Mr. Olmedillo: Well, the evidence that they have submitted to us, and this unfortunately, it was only about two hours ago that we received this. These people own and operate other businesses which are very similar to that. I had asked the attorney who represents us to bring us one which is specifically alike to the one that they are trying to place in this particular place. Mr. Dawkins: And you are going to tell me that we have a building in which they are going to store... an air conditioned building, in which they are going to store records, and they do not need loading bays, is that what you are telling me? Mr. Olmedillo: No, we are saying that one loading bay will be sufficient. Mr. Dawkins: Well, how did you arrive... All right, approximately how many records will they bring in a day? Mr. Olmedillo: What I can give you is the square footage that the building has proposed, which is 65,500 square feet, and they have 794, I would call them, little spaces, bays. I cannot tell you how many they will be coming or what will be coming up from the numbers that we got. We have a maximum of 11 vehicles per hour, but this is to bring in and take out what we have been told by the applicant, that are basically records. This is remote filing facility where you are going to keep office records away from your office. This is what... basically. Mr. Dawkins: Well, how are you going to get them there? - catch the Metrorail and take them down and walk them in there? You are going to have to have a truck to take them in there. Mr. Price: If I may, Commissioner. Commissioner, if I may. Public Storage has built approximately 75 of these units around the Country. As I have indicated, we have one with a building permit presently being processed in downtown Miami. The purpose of this facility, is initially you are correct, they are going to need a truck to bring the records to the facility. This is a record retrieval facility, where law firms, accounting firms, other types of businesses, when they need to retrieve files, we'll either take an automobile down there, park, go in and get the computerized record out of there facility, or, the alternative, they will have to pick up a file to bring it back to check previous records. We have supplied your staff with our statistics, both from the United States Planning Association, and from their other facility. Mr. Dawkins: Counsel. Mr. Price: Yes, sir. Mr. Dawkins: Are you saying that they are going to build a building like that and for one single file, they are going to go in there? Mr. Price: Commissioner, I am telling... Mr. Dawkins: Or for a box of files, or what have you. Mr. Price: I am telling you my lawfirm does that on a daily basis, to retrieve files, and I think it is a common practice. Mr. Dawkins: From where? From where? Mr. Price: They, right now... Mr. Dawkins: Your lawfirm retrieves them from where? Mr. Price: From the vault. 90 May 19, 198e Mir. Dawkins: What vault? Where is the vault located? Mr. Price: The vault is near the Lindsey Hopkins Center, which is.:. Mr. Dawkins: Beg pardon? Mr. Price: The Lindsey Hopkins Center, It is the only facility of its type right now in the City of Miami. Mr. Dawkins: And you go all the way from Centrust Building to the vault for a file? Mr. Price: No, sir, we pay a messenger service a very handsome fee on a per file basis. Each trip they make, they charge our lawfirm to do that. This is an alternative which... Mayor Suarez: Do they ride a bike, or car, or do they catch the Metrorail? Mr. Price: They ride a car, sir. Mr. Dawkins: They ride a what? Mr. Price: They have an automobile that delivers the files to our office. Mr. Dawkins: Now, all right, for the sake of discussion, there are five law firms who need a file and five messengers go down here at one time... OK, what is going to happen if you come back in a year, and we decide that you need the bay. Mr. Olmedillo: They must provide it according to code. Mr. Dawkins: Suppose they built around that? I mean, suppose there is no place for it? Mr. Olmedillo: There is no reason why, if another bay is necessary... they have provided one bay, if another bay is necessary, there is no reason why, in that building, you could not punch a hole in the wall, and construct another bay. Mr. Dawkins: Why don't you start out with the two bays, and at the end of the year, if they don't need it, we block it up, let them block it up. Mr. Olmedillo: Well, that is another way to approach it. What we expected was, that from the figures that were submitted, because we don't have the specific use within the ordinance, the mini -warehouse... Mayor Suarez: That point is a good one. We don't want him in a year to come back and say that it is going to cost us some huge amount of money and we have a hardship, because now it turns out that two bays are required. Mr. Price: Mayor Suarez, if I may, I have Mr. Pat Noon, who is with National Self Storage, who is an expect in this area, and he can relate to you on the same type of facility in other major urban centers, about the fact that... Mayor Suarez: But, he is not an expert in your ability within a year to come crying back to us. You know, that you are an expert in. Mr. Price: Coming back in a year? Yes, sir, I... Mayor Suarez: Right, and saying it costs too much to punch in another bay. I have no problems with that. The Commissioner doesn't seem to be satisfied and I don't... Mr. Dawkins: I'm voting no. Mrs. Kennedy: Well, I'll tell you, I was... Mayor Suarez: And I, it sounds like you better get... Mrs. Kennedy: ... ready to deny this, based on the premise that you were offering only 13 parking spaces, when Planning Department recommended 17, and 91 May 19, 19ee no loading space. If you are willing to go with one, and up it to 19 spaces, then I have no problems at this point. Mayor Suarez: I have no problems either, but I will tell you this, my law office is right almost across from there. We are not going to be using this building, because we are using another building, but I'm going to be keeping an eye on the numbers of people going in there and if another loading bay is needed within a year, you are going to be in trouble with me, because I will be watching you from the seventh floor there. Mr. Price: And I suggesting that... I don't know which building you are using sir, but if you have a... Mayor Suarez: No, no, don't start selling me your building! Mr. Price: Hey, hey, if you are using your retrieval service, you are going to find it more cost effective to consider alternatives. Mrs. Kennedy: He is going to try to sell you a space in his mini -warehouse! Mayor Suarez: You know what I'd do after six years, which is what the code of ethics requires to keep the files? I'd get an attorney at your lawfirm to handle that matter from that point forward. You guys are the big timers. You know, we are a small firm, we can't afford to be storing files beyond six years. Anything further from the Commission? Call the roll. Do we have a motion? Mrs. Kennedy: Move it. Mayor Suarez: Do we have a second? I'll second. Mr. Dawkins: Moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-472 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. ARTICLE 20, SECTION 2023, SUBSECTION 2023.4 AND THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 5 OF 6, MINIMUM OFFSTREET PARKING REQUIREMENTS, TO PERMIT THE CONSTRUCTION AND OPERATION OF A SELF -STORAGE FACILITY FOR PROPERTY LOCATED AT 2960-78 AND 2990 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, PROVIDING 1 OFFSTREET LOADING BAY (2 REGULAR BAYS AND 1 OVERSIZED BAY REQUIRED), AND PROVIDING 19 OF 90 REQUIRED OFFSTREET PARKING SPACES, SUBJECT TO A REVIEW BY THE ZONING BOARD ONE (1) YEAR FROM TIME OF APPROVAL; ZONED I-1/7 LIGHT INDUSTRIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner J. L. Plummer, Jr. 92 May 19, 1988 21. DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY MR. ARNOLD GELLMAN - DENY VARIANCE TO ALLOW TWO-STORY ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE AT APPROXIMATELY 2551 TIGERTAIL AVENUE (See label 23). Mayor Suarez: PZ-5, an appeal by the objector. Mr. Olmedillo: PZ-5 again, is an appeal. I would like the appellant to state his comments on the record. Mr. Arnold Gellman: Good evening, Mr. Mayor, members of the Commission, my name is Arnold Gellman, I live at 2578 Lincoln Avenue, and the Lincoln Avenue property where I live at is right around the corner from the subject property. What I did with the help some of my neighbors is, we secured an aerial photograph of the area, which I'd like to show you, Mr. Mayor, if I could. Mr. Olmedillo: As you can see, we have improved our graphics. Mayor Suarez: I was going to comment, I mean, that... Mr. Rodriguez: I need some positive comments today. Mavor Suarez: It still looks like some kind of cheese, or something. It isn't quite, you know, like a real thing, but it is better, it is better. Mr. Gellman: The aerial photograph indicates that the blue square is where Mr. Lind's property is and it is on the corner of Aviation and Tigertail. Aviation and Tigertail is catty -cornered to the large tract, the Manny Medina property that is being developed at this time. The reason for my appeal and I have never before appeared in front of the City of Miami Commission on any matter, other than a street closing matter, which coincidently, is also on the agenda for tonight, and the reason is that... Mayor Suarez: Been hearing about that the last couple of days, at different forms, yes. Mr. Gellman: The reason is that I have lived on Lincoln Avenue for ten years. I am an attorney, my office is also in the City of Miami. My wife is a lawyer, her office is in the City of Miami. We each travel to work each day and we have enjoyed living and working in the City of Miami and now we are confronted with the situation where we see the potential for a commercial development right around the corner from where we have lived in this residential area. If you will take a look at the plans that Mr. Lind has presented to the City, I think they begin to speak for themselves. What Mr. Lind's intention is to increase the lot coverage, and he is asking for permission to place a two story addition above his existing residence. Now, I am not a zoning lawyer, and I don't do this kind of work. Mayor Suarez: But, am I wrong in reading this that it is only four feet in excess of the maximum height allowed? Mr. Olmedillo: That is correct, sir. It is one story addition on top of what they have now, so it will be a total of two stories. Mayor Suarez: So they would otherwise be able to go to 25 feet and they want to go to 29 feet? Mr. Olmedillo: That is correct. Mr. Gellman: My understanding is that is a free standing addition that will be built above Mr. Lind's existing building. Now, very briefly... Mayor Suarez: But I mean from the perspective of the constraints of the code, the only excess is four feet over what is permitted? Mr. Gellman: Frankly in terms of the construction, I am going to leave that to some of the other speakers, who will speak on this issue, other of my neighbors, because I am not that versed in the construction aspects of it. All I see is a huge building, an additional 20, in excess of 2,000 feet going 93 May 19, 1988 up above an existing free standing home, where Mr. Lind at this time conducts his law practice. Now, what I also would like to show the... Mayor Suarez: Let me ask a question about that. Typically, someone is able to practice law, or other profession in the City in a residential... this is a residential district? Mr. Olmedillo: That's is correct. A home occupation's permit will allow a person to use up to 25 percent of the house they live in, and have only one employee, and they have to live in the house and have maximum of one employee. Mayor Suarez: OK, now, somebody has already taken advantage of that, which in itself is a kind of unusual ordinance. I don't think there is any other jurisdiction that has it in the County, that I am aware of. Does that argue against allowing any further variances, as a matter of zoning policy? Mr. Olmedillo: Because it is restricted to that particular person, is restricted to a percentage of the total square footage of the house and it is meant for those people who have a home occupation type of thing, which do not deal with the public at large, and do not sell merchandise to anyone. Mayor Suarez: And what he wants to build in this case is strictly residential? Mr. Olmedillo: What is represented in the plans is that they are adding a second floor to the footprint that exists there and... Mayor Suarez: OK, now can he say that 25 percent now applies to the entire new structure and therefore I can have more of a business type use. Mr. Olmedillo: That is correct. Mr. Gellman: That is exactly. And if you look at the photographs that we took, the ground level photographs, you always see that it looks like an office building, it acts like an office building, it walks and talks like an office building, and it is a law office and even in the Planning Department's comments, they indicated that if this is approved, that there will be 1,000 or 1,100 permissible feet of office space in our residential community. I also would like to point out to the City Commission that in their wisdom, when they were approving the Medina property, the made a point of requiring that town houses faced Tigertail, because there concerns about the intrusion into the residential neighborhood, and that was a very sensible thing to do, because they were creating a buffer from that large commercial piece of property. This will be the first intrusion in Coconut Grove, into... Commissioner Dawkins, I think it is west of Tigertail. It is the first intrusion into the residential side of Tigertail, that will have 1,000 or 1,100 square feet of office space, and I think Mr. Lind would be hard pressed to come here and say that... Mayor Suarez: So how come the association isn't saying anything? Mr. Gellman: Oh, they are all... they are speaking right after I am. Mayor Suarez: Oh, they are getting ready! Ohhhh! I didn't wake him up, did I? Mr. Gellman: I think you might have! The only... and I am going to defer to my neighbors very quickly, Mr. Mayor, but I would just like to point something out to the Commission. I spoke with a couple of my colleagues, who do this kind of work, and the leading case on this is the Elwin versus the City of Miami case, in which that case stands for the proposition that one must show an unnecessary hardship, which is peculiar to the parcel of land in order to be granted a variance. Nowhere in this petition does Mr. Lind show any hardship that flows with the land. The only hardship that he has addressed are his own personal hardships, and also that case says that the hardships must not be self created. It is clear that in Mr. Lind's case, any hardship that he is addresses is self created, and frankly, there is a footnote to this whole scenario, and Mr. Lind owns the adjoining property. He also owns the property that is right on the corner of Aviation and Lincoln, and in that property is a couple of large Avocado trees. As a matter of fact, they are very beautiful Avocado trees. But, it is a practical matter, if he wants to expand the space to live in a home, he could just develop on his adjoining 94 May 19, 1988 0 property. He need not make this huge addition to an already existing home where he has demonstrated no hardship. Now, I am not going to take any more of your time, because I've watched you work for the last few hours, and you have been patient with me and I would like to turn this over to Mrs. Cold. Mrs. Cold's property is on the corner of Lincoln and Aviation and she and her husband have lived there at least 10 years and their home backs on the Lind property and they are directly, probably more directly impacted than anyone, regarding this variance. You will see there is also a letter in packet where the adjoining property holder on Tigertail says that he is in favor of Mr. Lind's application, and I just as a footnote I'd like to point that, gentleman doesn't live there. He lives in Plantation, Florida, but the Colds live there, and they are my neighbors, and I'd like you to take a few moments just to listen to Mrs. Cold. Thank you very much. Mrs. Carla Cold: Mr. Mayor and Commissioners, my name is Carla Cold and I reside at 2542 Lincoln Avenue, and this is the property that is located directly behind the Linds, the applicants, and that is north of the property. I am here tonight as a resident, who has an interest in preserving my neighborhood and I've lived at this address for over 20 years now. Recently, I reviewed the applicant's file at the City office building and discovered the following. Mr. Alfred Griffin, who owns property next door to Mr. Lind at 2545 Tigertail, submitted a letter in the file, in which he states that perhaps he is the most impacted by the proposed changes, and that he heartily supports the planned construction. However, the file also shows that Mr. Griffin lives in Plantation, Florida. One wonders how heavily impacted Mr. Griffin really is. Mr. Lind has been listed in the phone book for several years now as an attorney at 2551 Tigertail Avenue, yet the City records reflect that Mr. Lind did not apply for a Class "A" special permit until February lst of this year. And finally, in closing, since I know it has been a long evening. We would like to know, since Mr. Griffin lives in Plantation, who really resides at 254 Tigertail Avenue, which is the home next door to Mr. Lind. In looking through Bresser's listings and the Southern Bell directory, we find there is a name by Anne Marie Forget. Is Anne Marie Forget, Anne Marie Lind7 Where does Richard Lind reside? Does he actually reside at 2551 Tigertail? 1 have a petition that we have had 31 people in opposition that have signed it within the last few days... Mayor Suarez: That will be entered into the record. Mrs. Cold: ... and 12 of those live within 375 feet. Mr. Ron Cold: My name is Ron Cold, I live at 2542 Lincoln Avenue. I would like to endorse the comments of the previous two speakers, especially the one that preceded me, and I will try not to repeat any of their comments. On an individual personal level, I object to the proposal because of the intrusion of privacy that it represents. The proposed building height of 30 feet is out of keeping and out of scale for our single family residential neighborhood. A structure of that height and bulk would loom over my back yard and patio and living areas and those of my immediate neighbors, the Russell's who are here tonight, who have signed the petition also, and also would block our access to breeze. On another level, as a vice president of the Tigertail Association, and a resident of our neighborhood for 25 years, I object to the plan as a weakening of the residential zoning, one which would set a precedent for this part of the Tigertail corridor, and pave the way for the domino effect that so often follows such variances. Two other quick points. On the fact sheet, the Planning Department has noted and the applicant has applied, that there is reference to trees as a buffer. This is not really a persuasive argument for several reasons. One, trees die; two, they become diseased; and three, they can get chopped or pruned. Plus, the top of the canopy, of the tree line directly in the line of sight between my living area and the proposed addition, is not as high as the proposed addition. Also, in regards to the matter of succession. I don't challenge my neighbor's right to improve his property. As circumstances change, a subsequent owner could, as the City Planning Department has noted, could utilize up to a 1,000 feet of office space. In fact, the applicant could do that as well. And we haven't been told, really, why the height has to be 29 feet. We think that it could be... an adequate residence could be at a lower level. And finally, we need to ask, do we need to open the door to an office building in this neighborhood7 Thank you. Mr. Steven Cooke Yarborough: I'm Steven Cooke Yarborough, 3555 Crystal Court. I am also vice president of the Tigertail Association. I want to speak this 95 May 19, 1988 evening just in my professional capacity as a retired engineer. The City is required to deny a variance unless six specific points are proven. I believe none of them are being proven in this case. I am sure you all know those points, but specifically, that one variance on the basis of a hardship. Now, I have looked at the drawings submitted with this case, and they are very sketchy, but from what I could see, there is no technical reason why a two story house at that site could not be put within the allowed 25 feet. There Is no need for the extra space. Now, to do that might be a little more costly than what is proposed, and it might be a little more inconvenient to the owner, but I do not believe that that is a hardship that justifies a variance. Thank you. Mr. Jim McMaster: Jim McMaster, 2940 SW 30th Court, Coconut Grove, and I apologize for taking up so much time, but I think this is an important issue that this property catty cornered to Terremark Center, that once Terremark Center is completed, this gentlemen does plan on coming back in for a zoning change which will lead to a series of other zoning changes. Page 1 is a survey of both lots that Mr. Lind owns. He is asking for a variance only on the lot on the right hand side. Virtually all the fine specimen trees are on the corner lot. What we are worried about, he has refused to give us any legal documents tying the corner lot in with the lot the house is on. He can get this variance, build his house, quote, save the trees, and then tomorrow bulldoze every tree on the adjoining lot and there is nothing that can stop him. Page 2 is the facade of this proposed house. You can notice the large numbers, 2551 on it, and the square windows running along the ridge line. Now, that is not your normal house. It looks like a law office down in South Miami. And page 3 is a diagram of the second floor of this proposed house, there is a dumbwaiter in this house, because the kitchen is in the second floor and there are no bathrooms on the first floor. If you notice, back on the left-hand corner, there is a separate entrance for the second floor. What he really is building here, is a two story office building. I have the building cards for this house, and the house behind it on Lincoln. They are both identical houses. Mr. Cold lives in the house behind it on Lincoln. I'll turn them into the City Clerk. Mr. Cold's house has a crawl space above the old part of the house. What this gentlemen is doing is putting his new addition on top of his existing roof line. If he simply tore the crawl space off, he could then have a ten foot first floor, a ten foot second floor, and have a house that was 20 feet high. I'd also like... Mayor Suarez: I thought that would be the argument that Steven would make, you know, as an engineer, and all that. Mr. McMaster: Yes, I would like to see from Mr. Lind the diagram of why he needs 29 feet. Also, I am turning in a page from Bresser's which shows Ann Marie Forget living next door at 2545 Tigertail. She is in the phone book as living there, and here is a check from Richard Lind to Ann Marie Forget, that they paid for the variance request, also with her name on it. Mayor Suarez: To what extent is it necessary that the resident who takes advantage of the provision for professional practice on a particular location actually live there? Mr. Olmedillo: He must live there in order to have that particular right. Mayor Suarez: And in what sense, I mean... must live there, that must be his principal residence, it must be... he has homestead exemption there, or what? He could have another home, right? Mr. Olmedillo: Of course, but the ordinance says that the person must live there, reside in that particular... Mayor Suarez% Right, is it suppose to be a primary residence? Mr. Olmedillo: No, that is not addressed by the ordinance. It doesn't say primary or secondary residence. Mayor Suarez: OK, I mean, I would assume that that would be the implication of'it, the person's got to live there. Mr. McMaster: I'd like to finish by just saying that we heard at the Zoning Board that Mr. Lind was a bachelor and he had now gotten married and how he and his wife want to have children in the future, and this is really based on the fact that he and his... 96 May 19, 1988 Mayor Suarez: Nov, that is hot particularly relevant to this case. Mr. McMaster: Well, what l am saying is, he is asking for a variance which ch you know, calls for special conditions that were not brought on by Applicant. What this applicant is doing is not building on the other lot, and insisting on putting a 4,000 square foot house on one lot. These are conditions that he has created himself, and... Mayor Suarez: You guys can occasionally overkill some of these issues here. Mr. McMaster: Well, thank you very much. This is just the first of many rezoning requests including these two lots, if he is granted this. Mayor Suarez: Thank you, Jim. Mr. McMaster: Thank you. Mayor Suarez: Anything further from the appellant? I'm sorry, the... yes, the appellant. Mr. Olmedillo: If I may, I would go ahead with the comments from the Administration. There are two things that we saw in this case, and the reason why we supported it. The one thing is that the existing building is about 15 feet in height, and adding a ten foot second story would look... would not keep within the architecture of the building. The second thing is that if you added to the building horizontally instead of vertically, then the trees that are located in the property would be destroyed by virtue of putting the building in it. The Planning Department recommended approval of it and the Zoning Board recommended approval by a 5-2 vote. Mr. Dawkins: Well, you said that the height of the building is what now? Mr. Olmedillo: The existing height of the building is 15 feet. Mr. Dawkins: 15 feet7 Mr. Olmedillo: Right, which is higher than usual, because usually what you have in a residential area is you have ten feet, maybe eleven feet, for a regular one story building. Mr. Cold: Excuse me, Mr. Mayor, I think this might be a critical point. Earlier Mr. Olmedillo said it was approximately 15 feet. As Mr. McMaster noted, my house is the older... I remodeled my house, but the older part of the house which is similar to Mr. Lind's, should be identical, and I would like a precise measure, because I measured mine, and it is 13 feet and two feet could make a difference. Mr. Olmedillo: We don't have the precise measurements, because we don't go Into the houses. We are not allowed to go into the houses and make these measures. Mr. Cold: Can that be acknowledged for the record that he does not have a precise measurement? Mr. Olmedillo: Perhaps the owner or the architect may present it. Mayor Suarez: You know... on a maybe more important note, than whether it is 15 or 17, or whatever - you keep referring to it as'a building. I find that interesting. Mr. Olmedillo: Well, there is a house there, existing house. Mrs. Kennedy: A Freudian slip. Mayor Suarez: That's interesting though, because that is precisely what you want to avoid in a residential area, is anything that looks like a building. It is supposed to be a house. OK, anything further, Guillermo? Mr. Olmedillo: Nothing further, sir. Mayor Suarez: OK, we will hear from the property owner. 97 May 19, 1988 i Mr. Richard Lind: Mayor, I have something to introduce into evidence. I don't know where to start, I have a long list of things here that I have to address. I have to tell my neighbors that I expected most of the items to come up that have come up, and i feel sort of bad, because... Mayor Suarez: Make sure to start by giving us your name, if you haven't already done to. I didn't pick it up. Mr. Lind: My name is Richard Lind, I live at 2551 Tigertail Avenue, and this is my wife Anne Marie. Mayor Suarez: OK, you are not an attorney, obviously? You are the property owner? Mr. Lind: I am the property owner. Mayor Suarez: OK, are you representing yourself, or are you... Mr. Lind: I'm representing myself, of course. Mayor Suarez: I don't know if that requires a filing. I suppose it doesn't. Go ahead. Mr. Plummer: Who is Arnold Gellman? Mrs. Kennedy: Oh, that is the attorney. Mr. Lind: That's the appellant. Mrs. Kennedy: That's the attorney. Mr. Plummer: For this gentlemen? Mr. Gellman: No, I am the appellant in opposition. Mr. Plummer: I'm sorry, it is an appeal. Mr. Gellman: Thank you. Mr. Lind: I have gone around to my neighbors and taken a petition to be signed in my area. I have a page that I'd like to put up. Let me begin by saying that as you will notice, I've talked to these property owners and explained to them what my situation is and the way that I presented this to them is by presenting the zoning fact sheet as to what I wanted and what the Planning Department was recommending, and I asked them to sign on the back saying that they agree. I wanted to make sure that I was as objective as possible, because again, I expected this kind of commentary on what I am doing. Let me take the things item by item. First of all, if you've seen my property on the corner, you will see that I have a lot of landscaping on the corner lot, on lot 7. 1 also have, as the people have told you, quite a few avocado trees, mango trees, fruit trees, you name it. I had presented a chart the last time that I came in, showing a copy of the survey, which you have in your files. This is the chart. It helps to explain to people, the reason why I'm putting up a second story on my house. I am surrounded by these trees, and we thought this was a simple solution to save our trees. I have a lot of them and I think I have demonstrated to everyone in the neighborhood, especially people who have gone by my property who have known it from before, the types of improvements that I have made on the property. This is what we want and this is very important to us and this is why we asked for the variance and I think in Coconut Grove, where there is a special emphasis on saving your trees, I think it is a rather worthy cause for any of the residents. I have been, let's say, challenged on the issue of the home office. Well, I've have had a home office, and I understand Ms. Cold said I had a home office registered only in February. That's not true. I have three years of occupational licenses. What happened is that when my architect went to the City, we mentioned in the application that we had a home office. The City said, all right, we have to re -inspect, and they went through their records and what not, I think I will leave that to him to explain, but I have been fully within the law, and fully licensed all this time, and I would imagine that anyone going by my property, on that corner, would never have guessed that there is a lawyer that has a home office there. There is no sign, there 98 May 19, 1988 is nothing. I think that they are leading people to the opposite impression though, and I don't see it, and for all these years, I've had this office, and instead of that, I've had improvements on the property. I'm not making some huge office building. It's just not the case. As far as the house next door, I don't know if you are familiar with my house, but I've got about 1,400 square feet, my wife and I use the Florida room as a bedroom. My wife lived in the house next door before I married her. After I married her - I married here when I was 33 years old - ■nd we both had quite a bit of furniture. We have quite a few things. Fred is a good neighbor, I know him well. He inherited the property from his uncle, and he has... Mayor Suarez: I thought they brought all kinds of irrelevant things, but you are going to beat them to the punch the way you are going right now. Mr. Lind: OK, sorry! I am just trying to explain to people what is going on. !Mayor Suarez: Remember the standards that we have to go by, and I am sure you are familiar with them. NOTE FOR THE RECORD: COMMISSIONER PLUMMER REENTERED THE MEETING AT 7:40 P.M. Mr. Lind: OK, the point in fact is, that I have been properly licensed. I am one attorney, that is all I can have on the property. The notion that I am going to make a commercial development is absurd, because for me to do that, I have to come back here and ask for that, and I am not interested in it. I am trying to use and enjoy my property within the rights that everyone else enjoys. Those are rights that are afforded you as well as me, and I've complied with the rules, and I am in compliance with the rules. And I might add that in the process of making this application, I have been inspected. My plans have been covered many times. The Zoning Department, in particular has been diligent in exploring what exactly I want to do. As far as the mechanics on the building, there is not much I can say, because I am not an engineer, but I do know that making a second story addition to my house is going to be more expensive. No on is interested in spending a lot of money in a house unless they have a good reason. I have a good reason, and my architect explained to me that this is the only way we can accomplish it. The height of the house hasn't the relevance to me that you think it does. I want a second story on the house, and I have to bring in one irrelevant piece of information. My wife is pregnant. I've got to get on the move. I've got to build this house and get it over with! Mr. Plummer: Sorry sir, that is a self created hardship! Mr. Lind: I'm sorry. It's not a hardship in my book. I'm sure I haven't addressed all of the issues. Mayor Suarez: It might be a hardship to her, but... Mr. Lind: Anyway, I wish people would just see it for what it is. There we are in the corner. The existing rules that you have allow me to be inspected at any time. I have to be issued a certificate of occupancy when they finish the house. I am on the corner. You are all here, especially diligent neighbors. You can come in any time. There I am. I am not hiding from anyone. I just want to live and work in my house and I think that's Important. And as far as our neighborhood is concerned, you have got to give incentive to people on Tigertail Avenue who are residents, you have got to give them incentives to use and enjoy their property. We are the buffer, we are on the edge. The Tigertail Association should realize that you shouldn't restrict uses that are available under current regulations, and that everyone else in Miami can enjoy. You shouldn't be penalized for that. Mr. De Yurre: Do you have the plans there? Mr. Lind: Yes, we do. Mr. De Yurre: Well, let's see them. Mr. Howard Zimmerman: My name for the record is Howard Zimmerman. I'm Mr. Lind's architect. Mr. Plummer: 25 height allowed, 29 is what he is proposing. 99 May 19, 1988 0 0 Mayor Suarez: You don't have to repeat that, please. Didn't hear that at all, and I don't think they'll be able to transcribe. Mr. Zimmerman: My name is Howard Zimmerman, and I am Mr. Linn's architect. The object of the plans... Mayor Suarez: Give us an address, please. Mr. Zimmerman: My address is 4600 SW 75 Avenue, Suite "A." Mr. Rodriguez: Commissioner De Yurre, let me show you the ones which are part of the record to make sure that we have the same ones. AT THIS POINT, ITEM WAS MOMENTARILY DEFERRED. NOTE FOR THE RECORD: COMMISSIONER PLUMMER REMINDS THE ADMINISTRATION TO ORGANIZE A LUNCHEON TO HONOR JACKSON MEMORIAL HOSPITAL STAFF ON THEIR DEDICATION DURING RECENT TRAUMATIC SITUATIONS. 22. CONTINUE TO JUNE 23: (A) PROPOSED FIRST READING ORDINANCE AMENDING MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AT APPROXIMATELY 101-125 NW 60TH STREET AND 6000-6024 NW 1ST AVENUE AND, (B) PROPOSED APPEAL BY APPLICANTS (NEW HORIZON GROUP HOME NO. 1) TO REVIEW ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW COMMUNITY BASED RESIDENTIAL FACILITY AT APPROXIMATELY 101-125 NW 60TH STREET AND 6000-6024 NW 1ST AVENUE. Mayor Suarez: We have a couple of requests for continuances, items PZ-16 to 19, attorney Mark Valentine would like to have that continued. Is there anyone here, before you state why you would like to continue this, counselor, that is here on that item, to oppose, or would have a problem with the continuance? Let the record reflect that no one has stepped forward. I can't imagine that we'd have any problems. Mr. Dawkins: So moved. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Can we do all four items at the same time, Joel? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: To defer. Mayor Suarez: OK, moved and seconded. Any discussion? Call the roll. MOTION TO CONTINUE UPON MOTION DULY MADE by Commissioner Dawkins and seconded by Commissioner Plummer, items PZ-16, PZ-17, PZ-18 and PZ-19 were continued to June 23, 1988 meeting 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. 100 May 19, 1988 M ------------------------------------------------------------------------------ 22.1 CONTINUE TO JUNE 23: (A) PROPOSED APPEAL BY APPLICANTS (STANLEY AND BLANCHE LEAR, BURTON AND SYLVIA ENGELS, AND JAMES C. MCMILLAN, II) FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY AT APPROXIMATELY 522-528- 534 NE 78TH STREET, AND (9) APPEAL BY APPLICANTS (STANLEY AND BLANCHE LEAR, BURTON AND SYLVIA ENGELS, AND JAMES C. MCMILLAN, II) TO REVIEW ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY AT THE ABOVE CITED ADDRESS. ------------------------------------------------------------------------------ Mayor Suarez: PZ-20 and PZ-21 also would like a continuance. Is there anyone here on PZ-20 and PZ-21? Would you like to step up the mike and tell us what your interest is in those items? Mr. Dawkins: What item are you on, sir? UNIDENTIFIED SPEAKER: Item 21. Mayor Suarez: Are you opposed to the application? Are you the applicant? OK. are you opposed to the application? Could you come up to the mike so that you can tell us if you have any problem with this matter being continued? Ms. Antoinette Adams: I am Antoinette Adams, my address is 565 N.E. 77th Street and I oppose that but I don't want to have a facility, the drugs, in back of my yard, you know, I afraid after dark... Mayor Suarez: That's why you don't want it to be rezoned, let me tell you that what he wants to do is to continue this to the next meeting. The items are the last that we have on the agenda, I believe just about. We probably wouldn't get to them tonight anyhow so the only thing it means is that you have to come back... Ms. Adams: OK, I come back. Mayor Suarez: OK. Ms. Adams: But, you know, I don't want that thing in back of my yard. Mayor Suarez: And then, you know, make sure you tell us at that point why you're against this. OK, ma'am. Anything further, Commissioners, you want to... Mr. Dawkins: So moved. Mayor Suarez: Move it. Moved and seconded. Do you have a problem with that? Mr. Plummer: Let me... UNIDENTIFIED SPEAKER: Oh, no, sir, I have nothing to do with that, excuse me. Mayor Suarez: Thank you. Mr. Plummer: Let me ask a question. On these facilities, I didn't know that there was a procedure for a variance when we put this new thing in, the new ordinance... Mr. Olmedillo: These two applications just made it under the wire before the ordinance came into effect. That's why they have to... Mr. Plummer: Well, let me tell you what I want to know. I want to know all of the facilities that are located within this distance of this place. Mr. Olmedillo: In one case... Mr. Plummer: They're supposed to have 1825 minimum distance between facilities. Mr. Olmedillo: Right, in one case there are two and in the other case there are three. They're similar in the sense that... 101 May 19, 1988 Mr. Plummer: Are you telling me there's five? Mr. Olmedillo: In one of the cases, the one that's sixteen through hineteeh, there are three facilities. Mr. Plummer: No, I'm talking about twenty and twenty'ohe. Mr. Olmedillo: There are two facilities within the 1825 radius. Mr. Sergio Rodriguez: They're listed on your agenda. Mayor Suarez: When did that ordinance go into effect? Mr. Olmedillo: January 28th came into effect. Mr. Plummer: Yes, this is the same ordinance says that kids from Coral Gables never have drug problems and that people in Miami Shores never go to jail, so let's put them all in the City of Miami. Isn't that what it says? Are you still talking to the City of Coral Gables about the Biltmore Hotel for a drug rehab center? Mayor Suarez: If all else fails, and all else has failed apparently... Mr. Plummer: Put them all in Miami, good old Miami. Mayor Suarez: As long as we just mentioned all of this, what is the gist of the ordinance, it has a minimum distance requirement for these kind of facilities? Mr. Olmedillo: Yes, there is a minimum. Mayor Suarez: How much is that distance? Mr. Olmedillo: 1825, eighteen hundred and twenty-five feet around, the radius distance. Mayer Suarez: And it applies to what kind of facilities, just generally? Mr. Olmedillo: CBRFs are all inclusive, ACLFs, drug rehab that kind of facility. Mayor Suarez: Of course, everything in the area of Wynwood gets grandfathered in because it seems like they're within 18 and 25 feet, not eighteen hundred and twenty-five feet. Mr. Plummer: That's what brought about this ordinance, Mr. Mayor. Mayor Suarez: OK. Now, what would trigger the application of the ordinance to an existing facility? The usual standard for grandfathering, tearing it down, demolishing it - not like a new operator or there's no other way to stop an existing one if they have some kind of modification of its operation? Mr. Olmedillo: No, if they•add to it then there's the non conforming section of the ordinance that you can add with a special exception with a public hearing after 25 percent of the facilities. But that is through a public hearing. Mayor Suarez: You can what? You can add? Mr. Olmedillo: You can add to a non conforming, any non conforming structure. Mayor Suarez: No, no, I'm talking about a way to try to get rid of some of these non conforming. It has to be if they intend to demolish or tear down or rebuild or whatever, right? Mr. Rodriguez: If they don't use the facility for more than 180 days, that's what you have. Mayor Suarez: OK, that's another one. Mr. Rodriguez: And if they want to - if they have any fire or accident that destroy part of their property... 102 May 19, 1988 Mayor Suarez: Have you thought about the possibility of one like, for exafiple, not receiving its funding for 180 days or changing entities, you know, from one to another - nothing that "subtle, huh? `What's the standard, if it's not used for 190 days? Mr. Rodriguez: A hundred and eighty days. If the use is discontinueo ana it's non conforming then... Mr. Plummer: Well, just for example, on twenty, why are they before us? Are they... Mr. Olmedillo: Because they need special exception - they need a variance because they're located within that radius of another two similar facilities. Mrs. Kennedy: They have other... Mr. Plummer: But are they already there? Mr. Olmedillo: To$. Mr. Rodriguez: No, well... Mr. Olmedillo: Well, the other two are there... Mr. Plummer: But this one is not. Mrs. Kennedy (OFF MIKE): No. Mr. Olmedillo: This is not. Mr. Rodriguez: Right. Mr. Plummer: Oh, OK. Mr. Dawkins: The other two, where are they located? Mr. Plummer: One's 623 feet away - 643. And the other one's... Mr. Rodriguez: One is located 8000 Biscayne Boulevard and the other one is at 7521st N.E. 3rd Avenue. Mr. Dawkins: One at eight hundred what? Mr. Rodriguez: Eight thousand Biscayne. Mr. Dawkins: Eight thousand Biscayne? Mr. Olmedillo: Yes, Biscayne and 80th. Mr. Rodriguez: Biscayne and 80. Mr. Dawkins: That's 80th and Biscayne. And the other one is where? Mr. Rodriguez: 7521st N.E. 3rd Avenue, it's 75th and N.E. 3rd Avenue. Mr. Plummer (OFF MIKE): It sounds like Louie Luke's restaurant. Mrs. Kennedy (OFF MIKE): That's right. Mr. Plummer (OFF MIKE): Louie Luke's restaurant. Mrs. Kennedy: How many patients are we talking about? Mr. Olmedillo: You're talking about twenty. Mr. Rodriguez: I believe... I think on the floor, Mr. Mayor, you have a motion to continue. Mr. Dawkins: Beg your pardon? 103 May 19, 1988 j; Mr. Rodriguez: I believe there was a motion to continue this item, but I'm Plot sure. Mr. Dawkins: Yes, it is, it is, it's continued. But all I'tn trying to do is get toe some information when it's continued, you see. I'm the same fellow who sat up here and said you shouldn't put the drug abuse on llth Avenue and you said, why not? Now, all of a sudden, we want to put this over there in N.E. and you say, ch no. Mr. Rodriguez: We're saying no to both of them. Mr. Olmedillo: Yes, we're recommending denial of both of them. Mr. Dawkins: OK, no problem, I want to go on the record, that's all. OK. Joel Maxwell, Esq.: Mr. Mayor... Mr. Dawkins: It's continued, did we vote to continue, Mr.... Mayor Suarez: .Tes. Mr. Maxwell: The record needs to reflect a specific date to which these Items, 16 through 21, have been continued. Mayor Suarez: Well, OK, I think we meant to continue those until the meeting of June 23rd and I'll entertain that into the form of a motion as to 16 to 20, the one ve just did. Mr. Dawkins: So move. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY COMMISSION DAWKINS AND SECONDED BY VICE MAYOR KENNEDY, ITEMS PZ-16, 17, 18 AND 19 WERE CONTINUED TO JUNE 23, 1988 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: Nov PZ-20 and 21, did you want to address that continuance? Ms. Hirai: Time of day. Mr. Eduardo Canes: REQUESTS (IN SPANISH) PERMISSION TO SPEAK Mayor Suarez: ASKS (IN SPANISH) TO WHAT ITEM HE'S REFERRING. Mr. Canas: RESPONDS (IN SPANISH) CONCERNING SAME ITEM PREVIOUS LADY SPOKE. Mayor Suarez: CLARIFIES (IN SPANISH) ITEM IS MERELY BEING DEFERRED Mr. Canes: Muchas gracias. Mayor Suarez: (IN SPANISH) YOU MAY SPEAK WHEN ITEM COMES BACK IN JUNE 23. Mayor Suarez: We have a motion and a second on continuing till June 23rd, items PZ-20 and 21. Any further discussion? Call the roll. ON MOTION DULY MADE BY COMMISSION DAWKINS AND SECONDED BY VICE MAYOR KENNEDY, ITEMS PZ-20 AND 21 WERE CONTINUED TO JUNE 23, 19881 BY THE FOLLOWING VOTE: 104 May 19, 1988 a 4P 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. DISCUSSION 23. (CONTINUED DISCUSSION) GRANT APPEAL BY MR. ARNOLD GELLMAN - TO ALLOW TWO-STORY ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE AT APPROXIMATELY 2551 TIGERTAIL AVENUE (SEE LABEL 21). Mayor Suarez: OK, back to... we're on PZ-5, right? Mr. Guillermo Olmedillo: Right. Mayor Suarez: Anything further from anybody? Commissioner De Yurre satisfied? I'm sorry, will you finish your presentation. Mr. Howard Zimmerman: I don't want to take up too much time, I just want to make one comment for those of you who have seen the plans. My name is Howard Zimmerman., again, I'm at 4600 S.W. 75th Avenue. I've been working on a design for Mr. Lind since October when he came to me and said, "I need to do something with the place where I live, I need more space." I liked the design. If it looks like an office, I'm not going to apologize for that. I think it's a very progressive design. It's all glass French -style doors opening onto balconies. I think it will be a beautiful place to live. I wouldn't design something like that for Kendall but this is Coconut Grove. Mr. Lind wants to preserve the natural state of his property, that's what our design achieves. Thank you. Mayor Suarez: Anything further from the Commission? Mr. Arnold Gellman: May I give a very brief statement... Mayor Suarez: Last statement, ten seconds. Mr. Gellman: ... on two points. How about one minute? If you'll look on the aerial photograph or on the diagram, you'll see that Mr. Lind's property that he's here about is not the corner property, it's the property that adjoins the corner and the property that has the trees on it is the corner property. And when Mr. Lind says he just wants to leave the trees, he just wants to preserve the trees, well, the trees have nothing to do with this variance and after he builds his building, he can come then and knock down those avocado trees and put in whatever he wants. I just make that as a point. Number two, there's a - across from Mr. Lind's property on Aviation is Mary Pasquale. Miss Pasquale signed on behalf of Mr. Lind her sisters did, when he came over with an application. She's here today and she asked me to tell you that she's in opposition. She's on Aviation and Tigertail, right on the corner. Finally and lastly, and I will... Mayor Suarez: What did she do, change her mind? Mr. Gellman: Yes. Well, no, this is the owner... Mayor Suarez: Right, we occasionally change our minds too. Mr. Gellman: We're hoping we'll change the City's mind. And, finally, I want to go back to the legal issue that I raised earlier in the case of Elwin vs. the City of Miami, that really is a codification of this City's zoning code which is ordinance 9500 and I specifically call the Commission's attention to section 3103. Need I read all six requirements which basically say that special con... 105 May 19, 1988 Mayor Suarez: I think we... you don't have to, but if you:.. Mr. Gellman: May 11 Mayor Suarez: We've had them read to us quite a few times, if you waht to remind us. It's up to you. Mr. Gellman: OK - no, I don't want to remind you if the Commission is aware of them, but what I do know is that the applicant has to demonstrate all six requirements of section 3103. I congratulate him on his family situation and the new child in his future but that has nothing to do with the issues in this case. He simply has shown no hardship that goes with the land and legally he has absolutely no right to a variance. Thank you very much. Mayor Suarez: I know as a human interest case, this one would definitely prevail, but... Mr. Gellman: Tes, it's... or on the Edge of Night or something like that. Mayor Suarez: ... we must judge on the basis of the standards that you alluded to and that I think we're familiar with... Mr. Gellman: Thank you, sir. Mayor Suarez: Anything further, Commissioners? I entertain a motion on this, PZ-5. Mr. De Yurre: I'd like, Mr. Mayor... Mayor Suarez: Yes, Commissioner. Mr. De Yurre: If, and I think this is the crux of the whole situation, the reason for the variance is the preservation of the trees and there are a lot of trees on the lot that's the corner lot. If the reasoning for the variance are the trees on that lot, would the parties be willing to give a covenant that they will not knock down those trees for any future construction there? Mr. Richard Lind: Am I to understand that I would be promising that... Mr. De Yurre: You can't build there. Mr. Lind: ... I wouldn't be building, that I wouldn't be building an addition on that lot? Mr. De Yurre: That lot will not be developed. Mr. Lind: OK, is that a covenant that's going to run with the land? Mr. Plummer (OFF MIKE): Oh, yes. Mr. De Yurre: That's right. Mr. Lind: OK, I can agree with what you're saying to me but when Mr. Gellman came to talk to me about that, I talked to a lot of people, particularly property attorneys about covenants running with land and the one thing that really frightens me about covenants running with land is because they run forever, forever. And I don't know what forever is. I really don't but let me say this... Mayor Suarez: It's a long time. Mr. Lind: ... it's a long time. But let me may this... Mrs. Kennedy: Until you meet Mr. Plummer. Mr. Lind: People, please. If you - this is you... Mr. Plummer: That's not true, it goes beyond that, Mr. Lind: Mr. De Yurre, this subject was brought up at the zoning hearing. You can't believe in the first zoning hearing we covered everyone of these 106 May 19, 1988 .z s issues and I stated the same reasons. The point in fact is, that if you look at the development, the way I've made it, we've got everything made to enjoy lot seven. We've put to much into lot seven you can't believe it. You look at it, then you believe it. The entire orientation is for us to enjoy that and I think that's a statement enough, I really do. Mayor Suarez: I guess the answer is no that you would not be willing to make a covenant, in perpetuity let's say. Mr. Lind: It's forever. Mr. Rodriguez: Commissioner, may I suggest another way of doing this that they might be agreeable maybe? If they provide us with unity of title for the two lots, they cannot build a second single family unit in the second lot but they can only add to the property but not build a different unit. Mr. Plummer: They can also come back at a later time and sub -divide it. Mr. Rodriguez: If they have unity of title, they can subdivide. Mayor Suarez: Join the two lots by a tender of unity of title. Mr. De Yurre: How long do you plan to live there? Mr. Lind: A long time. I'm happy where I am. Mr. De Yurre: Twenty years, thirty years? Mr. Lind: I hope I live twenty or thirty years. Mr. De Yurre: Well, why don't you give a covenant for thirty years? Mr. Lind: You know, the problem for me on the unity of title is I want you to under... Mayor Suarez: OK, we're down from forever to 20 years. Mr. De Yurre: We're down from forever to 25 years. Mr. Lind: No, no, I want to explain what my problem is with... Mayor Suarez: But not twenty years is not acceptable either? Mr. Lind: Well, OK... Mayor Suarez: I mean, none of this is going to change my mind on how I'm going to vote on this. Mr. Lind: All right, well, you're a lawyer, you can answer me the question. Mayor Suarez: No, because I'm not wearing my lawyer hat. You see, I'm going to vote against you anyhow although you're a nice guy, so... (Applause) Mayor Suarez: Tou know, I think you should make it within the constraints of the code. It's 25 feet, you know. Mr. Lind: I don't have a problem with the unity of title, I'm just wondering out loud about one thing, the financing on my property, my mortgage is entirely on the lot that has our house on it. I don't know what the effect is if we put a... Mayor Suarez: It won't affect your mortgage, I guarantee you, but I don't think it'll affect the vote here either, I don't know, I mean... Mrs. Kennedy: I feel that it goes really beyond the trees, that the neighbors' concern is that they can build a larger amount of square feet which will be used for office use and create a domino effect in the area. And I'm concerned about that too. And if there's... Mr. Lind: I can appreciate that, if you're telling me... 107 May 19, 1988 Mayor Suarez: She's just atating her position, she's not getting involved in a dialogue now. Mrs. Kennedy: I`m just stating my position and, if not, loth ready to make a motion. Mayor Suarez: Do you want to try, Commissioner... Mr. De Yurre: Well, you know, we have to realize one thing also. If he knocks down the four feet of height which is the variance that he's asking for and then this side, whatever, the 10 inches... Mayor Suarez: Which is tiny, I think, yes. Mr. De Yurre: We're not talking about much, he could do what he wants there without coming here, we got to understand that too. So, it isn't that by voting against this that he can't do it, he can come back and do some other plans and do exactly what he wants to do as far as the use of the property. My concern is I'd like to, you know, if you're as committed as you are with your children, future children and all the family atmosphere and your preservation of the trees is the reason for the variance, then, you know, I want to see your sincerity and see your commitment to 25 years that those trees will remain there and people will be able to enjoy the... Mayor Suarez: Now, it's up to 25. Mr. Lind: OK, I can say this, as far as the - I don't know what the consequences are on the mortgage but my wife and I have no... Mr. De Yurre: If you want my vote I'm talking... Mr. Lind: ... my wife and I have made our statement on the corner and I will agree to this unity of title between the two properties. I mean, I don't know what the consequences are, but I know what we feel about our property and we're willing to accept that. Mr. De Yurre: What does that do legally, Mr. City Attorney? Mr. Maxwell: I'm sorry, Commissioner, I was... Mr. De Yurre: On the unity of title. Mayor Suarez: We can't answer what it does to your mortgage. Probably the bank will consider that the mortgage now applies to the entire thing, you know, but that's not what we're here to decide. Mr. Maxwell: That exactly is what will happen, Mr. Mayor. What he's doing is encumbering the additional lot. Mayor Suarez: No, but, you know, he means from our perspective. What does it do, the unity of title? What does it allow us to prevent,in the future? Mr. Maxwell: Nothing. Mr. Rodriguez: Well, what he does, he has to sell both lots at the same time, that's all. So, in a way, if he wants to he cannot sell them individually... Mr. De Yurre: How about... Mr. Plummer (OFF MIKE): Unless he replats. Mr. Rodriguez: So that's, in a way, it's not that much of a control for you what you're trying to do of limiting the use that he's trying to create over there or in eliminating the trees. So, I mean, you're not doing that with unity of title. Mr. Maxwell: In addition, of what happens is, you may create a problem because it increases the developable area of that particular lot because you've now made a lot that's maybe twice the size of the original one and he can put a larger structure on it. What you really want to do is utilize the covenant. The covenant will achieve the objectives that you want. 108 May 19, 1988 m: ■!: Mr. land: That'a right, Mr. be Yurre: 21m atiekinS with the 25 year ebvenafit. Mayor Suarez: OK, ire have a motion? Mrs. Kennedy: To deny. Mr. Plummer: What is the motion? Mayor Suarez: Motion's to deny the variance and if that dbesr:'t Pass, we tan always try a different motion, Mrs. Kennedy: To deny the variance. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion from the Commission? Call the roll. Ms. Hirai: Roll call, Mrs. Kennedy. Mrs. Kennedy: Yes. Ms. Hirai: Mr. Dawkins. Mr. Dawkins: Yes. Ms. Hirai: Mr. De Yurre. Mr. De Yurre: No. Ms. Hirai: _Mr. Plummer. Mr. Plummer: Wait a minute, are we on a proper motion to deny what, the appeal? Mrs. Kennedy: The variance. Mr. Dawkins: Huh? Mr. Plummer: To denymotion to deny, this is on an appeal. Mrs. Kennedy (OFF MIKE): Oh,,well, this has been a... Mr. Olmedillo: Either uphold... Mr. Dawkins: Wait a minute, hold on. Mr. Olmedillo: You have to either uphold... Mr. Maxwell: You want to... Mayor Suarez: Actually it's... Right, it's a motion to approve the appeal. Mr. Maxwell: Yes, reverse. Mrs. Kennedy: Uphold the appeal Mr. Olmedillo: To uphold or reverse the... Mr. Plummer: Uphold the appeal. Mayor Suarez: Uphold the appeal. Mr. Maxwell: ... reverse the decision of the zoning board, Mr. Dawkins: Wait now, all right, hold the appeal, what's the appeal? Mr. Plummer: The appeal is to deny the application, F 41 Mrs. Kennedy: Deny the variance. Mr. Dawkins: And, therefore, he will hot be able to build, right? Mrs. Kennedy: Right. Mayor Suarez: Right, if it passes. Mr. Dawkins: J.L., you sure can �+,_ things up. Mr. Plummer: If you vote no, you're granting him to go ahead. Mayor Suarez: That was very good, you know, that doesn't come out on some of these. Mr. Dawkins: No, I'm not granting him the right to go ahead. Mr. Plummer: That's how we got Metro, yes meant no, no meant yes. (Applause) Mayor Suarez: OK, we have a motion to... Mr. Plummer: And that was a hell of a mess. Mrs. Kennedy (OFF MIKE): Uphold the appeal. Mayor Suarez: ... uphold the appeal of the residents... Mr. Dawkins: ... and let the neighborhood remain single family and low density. Mayor Suarez: We have a motion and a second. We're ready to take a vote unless you've got a clarification, counselor. Mr. Maxwell: You want, Mr. Mayor... Mr. Lind (OFF AND ON MIKE): Yes, I do. I have a clarification, I want everyone to understand that the use that I'm asking for here is an existing residential use. Mayor Suarez: That's correct. Although... Mr. Lind: I'm not asking for any change. Mayor Suarez: ... because of a quirk in the zoning code in the City, you're able to use it as an office too and if we give you this, you've have more of an office. In any event - or at least the potential. We have a motion and a second. Any further discussion? Call the roll. Ms. Hirai: Continuing roll call, Mr. Plummer. Mr. Plummer: If you're continuing on the last... Ms. Hirai: All right, we shall begin, Mrs... Mayor Suarez: Read through the roll call, please, Madam City Clerk. Mr. De Yurre: What is it, if you want... Mr. Maxwell: Mr. Mayor, Mr. Mayor... Mr. Dawkins: Wait a minute. Mr. Maxwell: Clarification, please. What you're voting on, if I under stand the motion... Mrs. Kennedy: My motion is to uphold the appeal. Mr. Maxwell: ... is to uphold the appeal and there are two other parts to it. Uphold the appeal, deny the variance and reverse the decision of the zoning board. 110 May 19, 1988 IN Mrs. Kennedy: Right. Mr. Maxwell: That's what you want to do. Mr. Plummer: OK. Mayor Suarez: Start the roll tall over again. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-473 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-1; RS-2; ONE FAMILY DETACHED RESIDENTIAL, MINIMUM OPEN SPACE REQUIREMENT AND MAXIMUM HEIGHT, TO ALLOW A TWO-STORY ADDITION TO THE EXISTING SINGLE FAMILY RESIDENCE FOR PROPERTY LOCATED AT 2551 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), WITH AN EASTERLY SIDE YARD OF 4'2" (5.0' REQUIRED) AND A HEIGHT OF 29' (25' MAXIMUM HEIGHT ALLOWED), AS PER PLANS ON FILE; ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS VARIANCE HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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. (Applause) 24. SECOND READING ORDINANCE: AMEND ZONING ATLAS CHANGE FROM RG-2/5 WITH SPI-3 OVERLAY TO RG-2/6 RETAINING SPI-3 OVERLAY - AT APPROXIMATELY 2785- 2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET (APPLICANT: MR. JAMES G. ROBERTSON). Mayor Suarez: OK, PZ-6. Mr. Robertson, Dr. Robertson, once again. Mr. Olmedillo: PZ-6 and 7 are companion items since... Mayor Suarez: Hopefully, forever and ever and ever. Mr. Olmedillo: Since PZ-7 is an appeal, then we would defer to the applicant to the appellant and then we will state for the record, the City's position - the administration position. Mr. Dawkins: We're on five now. Mayor Suarez: Six. Mr. Olmedillo: Six and seven, air. ill May 19, 1988 e Mayor Suarez: I'm sorry, Guillermo, what was that? Mr. Olmedillo: Seven is an appeal and, therefore, we'll defer to the applicant to make his presentation and then we will make the administration's Presentation. Mr. Plummer: Seven? PZ-77 Mr. Olmedillo: Yes, seven is an appeal, six is an amendment to the toning atlas. I mean, excuse - yes, to the zoning atlas. Jack Rice, Esq.: Change of zoning. Mayor Suarez: But they're related items. Mr. Olmedillo: but they're together in the same property. Mr. Rice: Well, as you know, we've had three different hearings on this and we met with the Tigertail Association and the Coconut Grove Association concerning the height of the building... Mr. Plummer (OFF !LIKE): Was there any covenants or anything to be forth? Have we got them? Have we got the covenants? Do they satisfy what we want? Do we have... Mr. Olmedillo (OFF MIKE): You'll have to hear this. Mr. Rice: ... we started off with 59, then we reduced it to 49 and after another consultation with all the interested property owners... Mr. Plummer: Wait a minute, Puffy. We wanted a covenant. I'm told we got the covenant, it satisfies all the requests of the Commission... Mr. Rice: Right. Mr. Plummer: ... and that's enough. Mr. Rice: Yes, sir. Mr. Plummer: Anybody - are you objecting? Mr. Jim McMaster: No. Mr. Rice: He's for us. Mr. Plummer: I don't want to hear it again. Mr. McMaster: No, I'd just like to clarify that the plans on file are the ones that we agreed to which also encumber lot 42, that this new structure will cover lots 40, 41. and 42. That was an important issue that... Mr. Plummer: Is that correct? Mr. McMaster: It would cover lot 42. Mr. Plummer: Does the encumbrance come in 40, 41, and 42? Mr. Olmedillo: The covenant will affect only the two lots. Mr. Rice: The height - we didn't ask for... Mr. Olmedillo: Forty and 41. Mr. Rice: We didn't ask for a height variance to 42. That will - but the building will be on that, but we'll be limited to 40 feet for that lot. Mrs. Dougherty (OFF MIKE): You're looking at seven right now? Mr. Rice: It protrudes a short distance... 112 May 19, 1988 0 0 Mr. Olmedillo: They could not pull a building pe mit on 42 without a variance. I mean, if they're going to go above 40 feet. Mr. Plummer: Got any other objections? Mr. McMaster: No, I'd just like to say that, yes, both sides had to compromise on this and I think it's best to get a building in here and lock this lot in. It doesn't do anyone good to have an empty parcel here that, sooner or later, will come back for another rezoning. Mr. Dawkins: So move. Mr. Plummer: Second. Mr. Olmedillo: Just one thing for the record. I would like the applicant, or attorney for the applicant to state on the record, that he made the change Including the FAR limitation to .94. Mrs. Kennedy: That was my question. It was supposed to be reduced to .94. Has it been done? Mr. Rice: I put that in and that's been approved by the City Attorney's office. Mayor Suarez: Yes, he wanted it on the record, right? Mrs. Kennedy (OFF MIKE): But until yesterday, it hadn't been done. Mr. Rice: Yes, point nine four. Mayor Suarez: OK. Mr. Rice: Not to exceed point nine four. Mayor Suarez: We have a motion and a second. Any further discussion? Read the - no, it's the resolution at this point. Mr. Plummer: No, no. Six is an ordinance. Mr. Olmedillo: That'll be item six. Mayor Suarez: First we have to do six or we do seven? Mr. Olmedillo: First six. Mr. Rice: No, six. Mayor Suarez: OK, on PZ-6, read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND APPROXIMATELY 3241-3299 MARY STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL WITH AN SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RG-2/6 GENERAL RESIDENTIAL AND RETAINING THE SPI-3 OVERLAY DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 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. Passed on its first reading by title at the meeting of April 28, 1988, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 113 May 19, 1988 0 0 AM: Coftftissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor be Yurre, NOTE FOR THE RECORD: Although absent during roll call, Commissioner be Yurre later requested of the clerk to show him voting with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10441. 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. 25. GRANT APPEAL BY MR. JAMES G. ROBERTSON TO PERMIT 7-STORY RESIDENTIAL APARTMENT BUILDING AT APPROXIMATELY 2815 TIGERTAIL AVENUE. ------------------------------------------------------------------------------ Mayor Suarez: PZ-7, I'll entertain a motion. Mrs. Kennedy: Move it. Mr. Plummer: Second. Mayor Suarez: Any discussion? Call the roll. Jack Rice, Esq.: That's 49 feet. Mrs. Kennedy: And let the record reflect that planning department recommends approval, not denial as it says in our backup. Mr. Rodriguez: Correct. Mayor Suarez: No? Mr. Rodriguez: This is on PZ-8, I'm sorry. We're talking on PZ-7 now. Mrs. Kennedy: PZ-8. Oh, I'm sorry, I moved ahead. Mayor Suarez: PZ-7. OK, we're all set? No more clarifications. We have a motion, do we have a second? Ms. Hirai: I have a move by Commissioner Plummer, second by Mrs. Kennedy. Mayor Suarez: Call the roll. 114 May 19, 1988 0 0 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-474 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 15. SECTION 1530, SUBSECTION 1533.3 SPECIAL HEIGHT LIMITS TO PERMIT CONSTRUCTION OF A SEVEN -STORY RESIDENTIAL APARTMENT BUILDING FOR PROPERTY LOCATED AT APPROXIMATELY 2815 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A MAXIMUM HEIGHT OF 59.99 FEET (40 FEET MAXIMUM ALLOWED); AND SUBJECT TO APPROVAL BY THE CITY COMMISSION OF A CHANGE OF ZONING FROM RG-2/5 GENERAL RESIDENTIAL TO RG-2/6 GENERAL RESIDENTIAL AND MAINTAINING THE SPI-3 OVERLAY DISTRICT; ZONED RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre later requested of the Clerk to be shown voting with the motion. Mr. Rice: Thank you very much and God speed to our former City Attorney, Lucia Dougherty. Mr. Plummer: Better give God speed to the new one. Mr. Rice (OFF MIKE): Yes, he really needs it too. Mayor Suarez: You keep it up, I'll entertain a motion to deny your... 26. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION - PROVIDE FOR PAYMENTS, ETC. (SEE LABELS 7 AND 29). Mayor Suarez: Do we have a final report on S-4? Mr. Plummer: I've not seen any document on S-4. Mr. Mulvena: I think we have something that... Mr. Plummer: Where is it? Mr. Mulvena: Well, we have something that I think will be better than a document, J.L., that we'd like... Mr. Plummer: Yes, a check. Mayor Suarez: Try him, try him. Mr. Mulvena: Well... 115 May 19, 1988 Mr. Plummer: You got a check? Mr. Mulvens: It's as'good as a check. Mr. Plummer: Ain't nothing as good as cash. Mayor Suarez: Yes. Mr. Plummer (OFF MIKE): I said, nothing as good as cash. Al Cardenas, Esq.: Commissioner Plummer and Mayor, if I could have a minute of your time, let me tell you after we regrouped what we've come up with which will, hopefully, be acceptable to Mr. Plummer's concerns. You had expressed concern, Commissioner Plummer, that the procedure that had been agreed upon by staff and counsel for the Parking Authority, the City of Miami and ourselves, that being the OSPA action to conceptually approve the proceedings, the City resolution and the subsequent approval of the loan agreement, was not satisfactory to you because you prefer, in writing, signed by the Off Street Parking Authority, the interlocal agreement binding them to the 70-30 split of obligation as to the yearly share of the debt service as well as to any cost overruns or any additional cost of any nature. When we regrouped... Mr. Plummer: Whoa, whoa, whoa! No, there will be no overruns to this City... Mr. Cardenas: Of course. Mr. Plummer: ... that is the insurance that you're taking out to guarantee that. Mr. Cardenas: 1 will... Mr. Plummer: So there'll be no overruns. Mr. Cardenas: That's right, it's a guaranteed maximum performance bond and the whole bit. What we have proposed to you to do in order to accomplish what you're seeking and have an interlocal agreement legally binding on OSPA, is to take the following action. And that is to have this Commission vote today to authorize the City Manager to sign the loan agreement that is before you today only after, only after, and this is where the resolution will be modified, only after your City Manager receives from the Off Street Parking Authority an interlocal agreement signed with the proper authorization, binding the Off Street Parking Authority to the City of Miami to accomplish that 70-30 split that you have mentioned. And to include therein, other terms and conditions as are proper in this interlocal agreement that will have to be approved by the City Manager and City Attorney prior to the City Manager executing the loan agreement so that instead of a resolution, before the fact, you will in essence approve this evening and give out the loan agreement in form, you will further give authorization to the City Manager to sign that loan agreement, but only with the proviso that before he signs that loan agreement, he receives within the proper time frame, the interlocal agreement proposed by OSPA in a form acceptable to your City Manager, signed by OSPA. That will give you the best of all worlds because once the City Manager submits the loan agreement signed by him after receiving the interlocal agreement, assume when we come back to you, hopefully in a time certain, that you will have established this evening, we will have before you for acceptance, the interlocal agreement as well as the development agreement. Even at that time, if we're not within the bounds of what you consider to be the negotiated transaction, you can still vote against the transaction and not receive the proceeds from the loan. Now, the question had been earlier raised about the exposure to the City, this and that. I can tell you, Mr. Plummer, that, as you know, we're bond counsel our law firm to the City as well, as well as to a number of other municipalities, and states and so forth, and I have seen maybe 20 deals that have been closed and not funded and I have yet to see a municipality have to pay a penny to any underwriter investment banker and I think you and I both know the reason. Because they want to do business with you. So... Mr. Plummer: So then you'll agree to underwrite any expenses so that the City will not be out of pocket at all. Mr. Cardenas: What do you mean? 116 May 19, 1988 0 0 Mr. Plummer: If there are - you understood my answer, you didn't understand the question. Mr. Cardenas: Yes. Mr. Plummer: What I mean is that if you will make sure and indemnify the City that we will be out of pocket nothing if, in fact, this matter is turned down. That you... Mr. Cardenas: It will be... well, let's look... OK, I agree in principle as long as the wording provides I think us mutually with a degree of comfort necessary. In other words, if there are costs imposed upon the City of Miami by the Sunahine State Fund as a result of closing on the loan agreement and not on the deal, yes, we will agree to assume that expense but I will tell you this, I would very much appreciate it if you don't go around advertising it. Mr. Plummer: No, you're going to put it in writing. Mr. Cardenas: Right. I will put it in writing. Mr. Plummer: I can go along with that assuming, and I want to make it very clear on the record, that voting for this as proposed, that in no way precludes my right to still talk about, negotiate, redefine, modify the actual project itself. Then I could... Mr. Cardenas: OK, let me then.. Mrs. Kennedy: Right, you can always come back to us for Commission approval. Mr. Cardenas: Yes, but let me then also be sincere about the following and that is at this, I think you're entitled within the parameters that I think you're thinking about to do that, Commissioner Plummer. The thing that you have to be cognizant of and I'm sure that Sergio will bring it to your attention, is that we're proceeding with a reasonable expectation that we're going to have a deal. Now... Mr. Plummer: That's right, if you're reasonable. Mr. Cardenas: Right, if we're reasonable, that's correct. So we're... Mr. Plummer: I am not bound by any of these things in which Sergio has put forth in the memo. We still have the right to renegotiate them. Mr. Cardenas: OK. In the loan agreement, you're bound to a project that will not exceed 7.2 million dollars including debt service, reservation, other expenses. We have basically two ingredients that I think, or three items, that I think you have to be cognizant of. One, the fact that you have to have a plan A that will not exceed 7.2 million dollars and it has to be around the range of a 6.2 million dollar category in order for the debt service and other things... could be less but you can't have it above that figure. Number two, you're agreeing in concept to that 70-30 split with OSPA. I also want to bring something to your attention that Commissioner De Yurre mentioned that concerned him and that is the following: assume optimistically, Commissioner, that the City of Miami five years from now has a beautiful 25-story building that is cost efficient and reasonable where you will house all your administrative offices. Your question is, well, Mr. Cardenas, if I do that and there's not a need for additional room, why should I do this? And I think I have adequate answers in view of the situation as it exists today. You have today, of course, a building that is 70 percent, at least if not more, vacant. You have a building that's running the red $300,000. What we're proposing to you this evening will, of course, cost you substantially less than that even if you left the 10,000 feet vacant. I frankly believe, Commissioner, that that will not be the case because, assume you don't want the City of Miami itself to occupy these offices. That does not preclude you, even in the guidelines that Mr. Rodriguez set forth today, from leasing it to OSPA if they desire additional space, DDA, state agencies such as HRS, DOT, Department of Commerce, federal agencies such as the Department of Labor, all of them, all of the law enforcement agencies at the local, state and federal level who need offices. I mean, you have a gamut of potential renters for that space that is substantial, so it's not a matter, frankly, as to whether you can rent the property, it's a matter as to for how much. And assume you don't get top 117 May 19, 1988 rental because it's a government agency, you're still going to substantially underwrite the cost that you have agreed to assume. And furthermore, it'll cost you less than it's costing you now with a totally refurbished facility. So I think on a worst case scenario basis, it's costing you now more than $300,000. Total exposure is less than $200,000 were the 10,000 feet to be vacant but in reality it can't be even if you don't occupy it because there's got to be agencies that are willing to rent it even if it's for less than what you've agreed to pay. So I think that the degree of risk involved, based on the actual situation, is a worthwhile situation. I know that we have to come back, Commissioner Plummer, to redefine the transaction with you and make sure that it's been negotiated to the best of our mutual abilities but I do want to tell you this. I want to tell you that Sergio and Don Cather and others have spent a considerable amount of time evaluating this proposal and, although the figures may not and up being to the penny what they appear in the budget, because that's what it is, it's a budget, not a negotiated contract, I can assure you that your staff has done a commendable job on the short period of time it spent on this thing and I welcome you to show this to anyone in the construction and development industry to try to tell you what kind of deal has been transacted or attempted to be transacted here. What I would respectfuly suggest to you this evening is also that you keep in mind what has been going on for three years and I didn't bring the entourage again today because we did it in '86 and '87. But you have, I don't know how many letters from every community organization I can think of who had expressed, as far back as 185, their total endorsement of this project. I think everybody wants to see it, it's a matter of now dollars and cents to see to it that you've got your best deal possible. But conceptually, hopefully, we're in agreement and it's a matter of working out the documents and bringing them to you for final approval or final tuning and... Mayor Suarez: On the renegotiation, just to clarify, we would never exceed the total figure that's included in this package, you understand that. If anything, it would be downwards. Mr. Cardenas: That is correct. Mr. Rodriguez: And the figure is 6.121 and the breakdown that is shown in the page 70 of the package. Mayor Suarez: Anything else, Commissioner? Mr. De Yurre: Yes, I'd like to know if the Off Street Parking Authority and when we build our administration building, if they would be in a position to assume our lease. Mr. Mulvena: It would really depend on if we were still around, number one, and number two, if we had grown to enough proportions, Commissioner, to handle that kind of square footage. Mr. De Yurre: Well, I just want... Mr. Mulvena: I mean, I... Mr. De Yurre: for me to go ahead with this, I want to be sure that when it's time to go, we don't have the responsibility of having to lease that space, having it sit there for months. I don't want another Knight Center with a five million dollar debt service like we have there now. I know we're talking about less money, but we're talking about the same situation. If we have a vision that we're going to build something in the near future, then it doesn't make sense to take 10,000 square feet here, commit to it for 24 years. You know, Off Street Parking says, listen, you know, in five years, like Al says, you're going to be in a new building, you know, you guys take it for the five years, however long you're going to be there, then we'll assume the lease. Mayor Suarez: I will say this, following that notion and that argument, we better take - if this is approved and I don't know if it will be - we'd better take 10,000 square feet right off our projections on any new administration building because we're making a commitment here and we'd better not assume that they're going to be needing any space in any new administration building. Mr. De Yurre: Yes, but then they can start leasing it to whomever they want. I just want to be... 118 May 19, 1988 Mr. Mulvena: Veil, but see... Mr. De Turre: I don't vent to be saddled... Mr. Mulvena: Tes. Mayor Suarez: Oh, I know your I understand your argument. Mr. Mulvena: Commissioner, but you know the same restrictions on you, however, Commissioner, to lease it would also be on us. In other words, we can only do it to another public body. So, you know, we probably wouldn't be in a position, nor could we project... Mayor Suarez: That worries him even more, Jack, because that means that there's less of a market, that's all. Mr. Mulvena: Well, that's certainly, outside of DDA and a few others but... Mr. Rodriguez: Tou're right. Mr. Plummer: Let we ask a question. How many square feet are you taking? Mr. Mulvena: We're taking 25,000. Mrs. Kennedy: Twenty-five. Mr. Plummer: And at what price? Mr. Rodriguez: The same. Mr. Mulvena: The same price as the City. Mr. Plummer: Twenty-six? Mr. Rodriguez: Max. Mr. Mulvena: That's right, in the first year. Mr. Plummer: Do I understand or is my math wrong, how much is that a year? Mr. Mulvena: I think it comes out to six hundred some thousand dollars. Mr. Plummer: How much? Mr. Mulvena: Six hundred plus thousand dollars. Mr. Rodriguez: Is... no. Mr. Mulvena: Doesn't it? Mr. De Turre: Six hundred and twenty-five. Mr. Rodriguez: Is five seventy three plus the amount of maintenance Which is three eighty. So it's approximately... Mr. Mulvena: For us, it's six hundred... Mr. Rodriguez: Eight hundred and so many thousand dollars. Eight twenty- seven. it's about eight hundred and twenty-seven thousand dollars. Mr. Plummer: Why do 1 get 25 times 25,000 and what do you come up with? Mr. Rodriguez: It's not 25. Mrs. Kennedy: It's 26. Mr. Rodriguez: Is thirty-five thousand max. Mr. Plummer: They're taking 25,000 square feet at $25.00, I made it easy. OK, and how much money do you come up with? 119 May 19, 1968 Mr. Rodriguez: With that amount that you're talking about, it would be about six hundred and tventy=five thousand dollars. Mr. Mulvena: I just... Mr. Plummer: Somewhere I got a problem here. Somebody got a calculator? Mr. Mulvena: I think you're right because it's six hundred twenty-five. Mr. Rodriguez: Twenty-five times 25,000 is 625. Mr. Mulvena: Our share is projected to be six hundred twenty-five. Mr. Plummer: Where am I making a mistake? Mr. Cardenas: Remember that the 70-30 split is a function of actual cost, not dollars per square foot because... Mr. Mulvena: Right. Mr. Rodriguez: But again, I want to make sure that I understand your directions that we are doing this based on the figures that we show on page 70 of your package that show a maximum of six... Mayor Suarez: We put that in already. Mr. Rodriguez: OK. Six million, one hundred and twenty-one thousand and there is a breakdown on how much to be spent on each figure because some of those figures are hard costs that we negotiated for a long time and I don't believe that we should be negotiating them any further. Mayor Suarez: No, but there may be some that could be negotiated within the total package. Mr. Rodriguez: Down. Mayor Suarez: Or down, or within the total package. Shuffle around it... Mr. Plummer: Well, you know, because the days going to come - let me ask another question, Mr. Mulvena, how much rent are you paying today? Mr. Mulvena: We're not paying any rent. Mr. Plummer: So you're going to jump from paying no rent to $625,000 a year. Mr. Mulvena: That's right. Mr. Plummer: Where's your money come from? Just want to remind people that when the meters go up, when the parking fees go up, you know what you're paying for. Mr. Mulvena: You answered the question about our revenues come from meters, surface lots, garages, management fees, other rentals, yes. Mr. Plummer: And what is the real reason or the need for you to move? Mr. Mulvena: Well, it's hard to speak for the board, but I would assume that they're moving because the City wants to do something with their building and this is the only way they can provide that kind of support. Mr. Plummer: In essence, you're actually giving $625,000 for 24 years for the building. Mr. Mulvena: That's what we're doing. Mr. De Yurre: It's time to consider whether we want to keep the building or not. Mr. Plummer: OK. Some people better remember around here when people come here screaming about parking rates, where $625,000 of it's going. Mayor Suarez: What would you do at that point with your current space? 120 May 19, 1988 ■ Mr. Mulvena: Well, the current space, we either sell it or lease it and we expect to get a minimum of about $10.00 per square foot for that. Mr. Plummer: Aren't you in a parking structure presently? Mr. Mulvena: Well, we are but we've converted those to offices... Mr. Plummer: How can you sell them? Mr. Mulvena: Well, there are various instrumentalities, we have a paid facility or near facility that you can sell in a condominium effect; either long term lease or condominium. Mr. Dawkins (OFF MIKE): The reason you guys put all those little cubby holes under there and knocked out the parking spaces was to come back in order to sell it? Mr. Mulvena: Oh no, we didn't do that originally. Matter of fact, we're putting office space in there to stay forever. If you don't like this deal, that's where we'll be. You know, clearly, and again, it's hard to speak for the board, the only reason they're in this deal is to support you and your two buildings to that they won't embarrass you when they all begin to pay for themselves. I can't think of any other reason why they would do it. Mr. De Yurre: We want to give the building back? Talking about a hell of a lot of money. Mr. Cardenas: I want to also remind you that the Gusman family had been approached and they replied in writing relative to getting the property back and they expressed, you know, that they thought they had deeded it and that's how they'd like for it to stay. Again, you know as I said before, if you look at this transaction as one transaction involving an office building and whether or not it's worthwhile for the City of Miami to occupy that office building based on the cost projections that have been worked out to everyone's best ability, the answer clearly is no. I think you can find a better deal for yourself if you're thinking explicitly of finding 35,000 square feet of office space. I think what brought us all here, why we've been at this since 1981. is because everyone realized that the City owned the building... Mr. Plummer (OFF MIKE): Well, I'll tell you how I'm agreeable. You're going to like this. Mr. Cardenas: ... that there's nothing else to do with it. That the Gusman Theater is a focal point for the development of downtown Miami. That it's a City treasure and that we wanted to pay for the renovation and the upkeep of Gusman in a way that made sense and at the same time restore the building, knowing that the building's present condition costs you over $300,000 a year. That's an inescapable fact. And so the combination of the red ink of $300,000 a year plus a Gunman's renovation needs, cost this City of Miami 1981 to proceed to where 1985 there was an RFP and we're here today in 1988 to restore the Gusman, to build the office facilities and to do it in a way that was... Mayor Suarez: Al, from 185 to 188 have you changed or increased substantially your constructions costs, or have you been able to hold the line? Mr. Cardenas: Well, the construction... Mayor Suarez: I don't remember what the figures were in 185, that's why I'm asking. Mr. Cardenas: I think, you know, based on our actual construction costs, they're on line. We have a difference of opinion as to what the operational budget is and that's what fluctuates. Mayor Suarez: No, no, I'm just talking about construction. Mr. Cardenas: But our original figure was $22.00 a square foot which remains today based on our observation of what the operational costs should be. Mr. Plummer: Mr. Odio, I got an idea. It would be very pleasant to a lot of people. What is the DDA presently paying in rent? 121 May 19, 1988 C Mr. Odio (OFF MIKE): I don't know. I would have to find out. Mr. Plummer: Well, what I'm saying is, that if the DDA would go over and guarantee to pay for it out of their budget, I think, and they're a governmental agency, I think would be a great deal. Now... I'm sure DDA is paying more than that at where they are presently. Mr. Odio (OFF MIKE): More than twenty-six? Mr. Plummer: No, more than $260,000 a year. Mr. Odio: It depends, Commissioner, on how many square feet they are using so I Mould have to I... Mr. Plummer: What I'd like to do is get a commitment, also part of the interlocal, the DDA will move into this building, take the 10,000 square feet and pay for it from their budget. Mr. Odio: Fine, I can talk to Roy Kenzie tomorrow, but I don't know right now what they are paying or how many square feet they are using or anything like that, Commissioner. Mr. Dawkins (OFF MIKE): That's all right. if they don't have enough, we'll let them have the rest of the space and I.. (inaudible).. Mayor Suarez: I think it will - as chairman of the authority, I think I can make that fly. If it... Mr. Plummer: Well, you know, then it's a guarantee there. Mayor Suarez: Well, except that it isn't in writing and you don't have the same guarantees that you have now from the authority. Mr. Plummer: OK, but I mean, they are an agency of the government. As far as I know, that would be permissible, huh? That they could be in that building, they are a City agency. Mayor Suarez: The only thing is that the funding for DDA is an independent taxing district so there is a little bit more... Mr. Plummer: Except for the fact they pay rent where they are so I mean... Mayor Suarez: Oh, yes, oh, no, no, I think the idea makes a lot of sense. Mrs. Kennedy: And we don't care where they are. Mr. Plummer: No, I do care where they are but I also care about my 6260,000 guarantee a year. Mr. Cardenas: And if they need more than 10,000 square feet, I'm sure that OSPA can... Mayor Suarez: I don't think it's that much... Mr. Mulvena: I was thinking the same thing but... Mayor Suarez: I don't think the space is that much but I would be guessing, it's just not that big a space. Do you have any off the top of your head? Have you looked at the offices lately and seen... Mr. Cardenas: I can tell you it's at least seven because, you know, we occupied a floor at One Biscayne... Mayor Suarez: Yes, it could be enough to come close to the City's commitment on this. Mr. Mulvena: It's close to it too. Close to it, yes. Mr. Plummer: Well, if we could bind the DDA, I'll feel a lot more comfortable. 122 May 19, 196a Mayor Suarez: Let's try that between now and the next Commission meeting. Mr. Plummer: OK. Mayor Suarez: All right, you tan build that into the motion if you like. Mr. Cardenas: Well, but, OR - legally thought, in order for the Manager to be able to execute the loan agreement in a way where the Commission would have a comfort feeling, you want the interlocal agreement signed by OSPA ahead of time. I'm not sure that you're going to be able to make the DDA a party to the interlocal agreement. Mayor Suarez: No, no, no, that's not the way it's being phrased. lie 's putting it in the form of a motion with the expectation that with my endorsement as chairman, it'll pass. But, I mean, that's... Mr. Plummer: Exactly. Mr. Rodriguez: If you want information about DDA, presently they occupy 8,725 feet and they pay $24.12... Mr. Plummer: How much? Mr. Rodriguez: $24.12 per square foot for a total of $210.00. Mr. Plummer: So they're paying right at the same number. Mrs. Kennedy: (INAUDIBLE) Mr. De Yurre: How many years has that lease got to run? Mr. Rodriguez: I don't know. Mayor Suarez: It's not that long, I was just thinking of what we'd be losing by way of leasehold improvements, but I don't... Mr. Rodriguez: They started on 1984. Mrs. Kennedy: Right now, it's a way off. Mr. Plummer: It's right in the same ball park. Mayor Suarez: No, I was thinking of what we'd lose by leasehold improvements, but I don't know that it's that many. Mr. Rodriguez: I don't know, I believe they have a lease for a few years and they are starting in 1984 when they make all those changes over there. I couldn't tell you how far. Mayor Suarez: I don't think it's a real long term lease. Mr. Rodriguez: I don't know. Mr. Plummer: It shouldn't have been. Mr. Cardenas: But even if it's five years, it'll take you at least that long to have a new facilities, eo... Mayor Suarez: Right. Mr. Plummer: Well, OR, my final question. Assuming this thing starts and passes with the DDA, that means that you're going to have a total loss of income from the building and from Gusman for how long? Mr. Mulvena: Well, J.L., we really think that on the theater side, although it's not common for theaters to break even, that we think on the theater side, we can break even. Mr. Plummer: You're not answering my question. Mr. Mulvena: Oh. ', 123 May 19, 1988 Mr. Plummer: Now long will they be down totally for construction? Mr. Mulvena: Oh, I see, 1 see what you mean. Well, the estimate is for two summers because they don't want to disrupt the theater. OK and one period of time between two summers. I think that's the basic time frame. Total of about 18 months. Mr. Cardenas: The office building itself which is your concern... Mr. Mulvena: Yes. Mr. Cardenas: ... as to the revenue stream, the office building itself will take eight months to renovate. Three months ahead of that when we start the Guzman and three months after that to complete it. In other words, it will be renovated during the summers when it's not - when the Gusman is not in operation to minimize revenue loss and you'll have the office building done in the 8 month period of time so from a revenue stream, the Gusman's not affected because we're not closing the Gusman down for its regular season at all. Mr. Plummer: Is the 8-month construction on the building part of the performer bond? Mr. Cardenas: I'm sure it will be negotiated that way. Mr. Plummer: And you say on the Gusman theater side you don't anticipate any further loss of revenue based on the way that it's going to be constructed. Mr. Mulvena: Beyond this fiscal year into the construction part, yes. That's what we're striving for, J.L. Mr. Plummer: I'm ready to vote. Huh? Mayor Suarez: Anything further, Commissioner, because we have a few other items. Mr. Plummer: Where are we? Mayor Suarez: We need a motion or if you have no further questions. Mr. Plummer: No, I have no more questions. Mayor Suarez: OK, somebody move the item one way or the other, please. Mr. Plummer: As modified and understood, the only proviso that I want to put in that I want to see the Off Street Parking Agreement itself. Mr. Mulvena (OFF MIKE): Yes. Mr. Plummer: I'll move it. Mrs. Kennedy: I'll second. At this point, I guess we either have to do the deal or forget about it and I'm going to go along with it. Mayor Suarez: Any further discussion? Call the roll. 124 May 19, 1988 The following resolution was introduced by Commissioner Plummer, . who moved its adoption: RESOLUTION NO. 88-475 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $7,200,000 FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION; APPROVING A LOAN AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED HERETO AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT TO EVIDENCE THE CITY'S BORROWING FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION SUBJECT TO APPROVAL BY THE CITY MANAGER OF AN AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF OFF-STREET PARKING; PROVIDING FOR PAYMENTS PURSUANT TO SUCH LOAN AGREEMENT, INCLUDING INTEREST, FROM AMOUNTS REQUIRED TO BE BUDGETED AND APPROPRIATED BY THE CITY AND FROM CERTAIN RENTAL REVENUES OF THE CITY; AUTHORIZING APPROPRIATE OFFICERS OF THE CITY TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH THE BORROWING AUTHORIZED HEREIN; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. Mayor Suarez: Wait till I tell Roy. Mrs. Kennedy: I want to be there. Mr. Plummer: Well, tell Roy we're going to give him an offer he can't refuse. He either moves to the Gusman Center or we'll cut his budget by that much. I mean, the hell, we're, you know, we're easy to get along with. 27. APPOINT RAFAEL GARCIA TOLEDO TO THE INTERNATIONAL TRADE BOARD. Mayor Suarez: !Madam Vice Mayor, do you want to appoint your last member to the International Trade Board? Mrs. Kennedy: Yes. To the International Trade Board, Rafael Garcia Toledo. Mayor Suarez: That's in the form of a motion, do we have a second? Mr. Dawkins: Move it. Mr. Plummer: Sec... Mayor Suarez: Second. Call the roll. 125 May 19, 1988 9 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 68-476 A MOTION APPOINTING RAFAEL GARCIA TOLEDO TO THE INTERNATIONAL TRADE BOARD. (NOTE: MR. TOLEDO WAS NOMINATED BY VICE MAYOR KENNEDY.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: I'll have my appointments ready, Mr. Mayor, on June the 9th. Mayor Suarez: OK, great. Yes. Mr. Dawkins: Can we do S-3? ------------------------------------------------------------------------------ 28. A. RECONSIDER MOTION ESTABLISHING A COMMISSION TO REPRESENT THE CITY COMMISSION IN PROCEEDINGS RELATED TO THE CUBAN MUSEUM. B. ABANDON CONCEPT OF A COMMITTEE TO MONITOR THE CUBAN MUSEUM'S ACTIVITIES. Mr. De Yurre: OK, on this appointment to this committee, do we have to pass this resolution now to make it official? Mr. Plummer: On what? Mrs. Kennedy: Which one? Mr. De Yurre: On the committee for the Cuban museum. Mr. Plummer: What? Mr. De Yurre: The Cuban museum. Mayor Suarez: We have a resolution before us somewhere formalizing prior action on a committee to monitor activities of the Cuban museum. I don't know how the Commission feels, I'd hope we'd reconsider that committee. Mr. Plummer: Hey, I'm just saying, let's put a watch dog, that's all I'm saying. Mayor Suarez: Should we not act as that ourselves, I mean... Mr. Plummer: We can't be there for all of them, Mr. Mayor, that's the problem. Mayor Suarez: Do you really expect them to be going to the meetings of a nonprofit private entity? Mr. Plummer: My person has agreed to go to any and all the meetings that she's allowed to attend. Now, I can't speak for anybody else's appointment. Mayor Suarez: OK. Anyone else on that issue? ' 126 May 19, 1988 Mr. De Yurre: I'd like to reconsider it, you know, I think that we may be opening up a can of vorms. Mayor Suarez: I'm happy somebody said that, because that's the way I feel. Mrs. Kennedy: I agree too. Mayor Suarez: I'll entertain a motion to reconsider. Mr. De Yurre: !love it. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on the motion to reconsider. The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 88-477 A MOTION TO RECONSIDER MOTION 44-403 (PASSED ON MAY 12, 1988) WHICH HAD ESTABLISHED A COMMITTEE TO REPRESENT THE CITY COMMISSION IN PROCEEDINGS RELATING TO THE CUBAN MUSEUM. 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 Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: The reason that I think it makes sense to not have this committee is that we are giving the implication that they're going to be somehow overseen, the activities of a non profit entity which is not an agency of the City. We've got enough things to be concerned about without having that one and I, for myself, just thought about it and wondered why I had voted in favor of that. I guess it never hurts to have a committee of the City to look at certain things and give us feedback but in this case, I think it's going to be viewed as interfering with their activities and they've got enough problems internally without us getting involved in it. That's how I feel about it, Commissioner. Mr. Plummer: Mr. Mayor, they're going to have more problems, there's no question in my mind about it and I was just maybe trying to throw some oil on the troubled waters. We had asked by Commissioner De Yurre, as I recall, his i motion was for an audit and a look see at all these different issues. I've not seen anything back on it. Mr. De Yurre: Well, by the next general meeting, we gave them a month to come back with something. Mr. Plummer: Was a month? Mr. De Yurre: Yes. Mr. Plummer: Is the administration proceeding? Hello. Hello. Mr. Rodriguez: Sorry. Mr. Plummer: I'm not calling collect. Mr. Rodriguez: When you said, Mr. Manager, I thought you were referring to the real one. 127 May 19, 1988 0 1 Mr. Plummer: is the administration proteeding with the internal audit of the museum? Mr. Rodriguez: I believe so, sir. Mr. Plummer: You believe so. Mr. De Yurre: Better be so. Mr. Plummer: I believe if you don't have it at the next meeting, you'll be in trouble. Mr. Rodriguez: We'll have it at the next meeting. Mayor Suarez: OK. Mr. Rodriguez: That's fast. Mr. Plummer: You believe in the hereafter? If you ain't here what I'm here after, you going to be hereafter I'm gone. Mayor Suarez: Unless somebody makes a motion that - you don't need to move anything. I guess so, I don't know that we actually have to get rid of this this week. All right, I'll entertain a motion to disband the committee. Mr. De Yurre: I move it. Mayor Suarez: Moved. I'll second. Mr. Plummer: Any further discussion? Call the roll. The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 88-478 A MOTION ABANDONING THE CONCEPT FOR THE CREATION OF A COMMITTEE TO MONITOR THE CUBAN MUSEUM'S ACTIVITIES. Upon being seconded by Commissioner Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Miller J. Dawkins 29. (CONTINUED DISCUSSION) AUTHORIZE NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION ($7,200,000) PROVIDING FOR PAYMENTS, ETC. (SEE LABELS 7 AND 26). Ms. Maer: We wanted to ask you to approve the resolution that I passed out at the beginning of our first discussion of item S-4 which formalizes the motion you adopted last Thursday regarding Flagler Landmark Associates. And basically, it's a resolution approving the recommendation... Mayor Suarez: Mr. Mayor, I understand that what it was in principle and so on, OK. I'll entertain a motion on that. Ms. Maer: That's right. Mrs. Kennedy: Move it. Mr. Plummer: As modified. 128 May 19, 1988 1 Mayor Suarez: Right, seconded. Call the roll. Mr. Plummer: Excuse me, as modified. Ms. Maer: As modified by in principle or... Mr. Plummer: No, as modified by this Commission here today. Mayor Suarez (OFF MIKE): This is formalizing action on the Landmark Center, as modified. Mr. Dawkins (OFF MIKE): Oh. Ms. Maer: The proposal from last week - tonight's discussion was the loan agreement, the proposal last week would be a resolution approving in principle the recommendation of the Manager for the proposed renovation redevelopment... Mr. Plummer: No Ma'am, no ma'am, as modified. Ms. Maer: OK. Mr. Plummer: Where are we? Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-479 A RESOLUTION APPROVING, IN PRINCIPLE, THE RECOMMENDATION OF THE CITY MANAGER FOR THE PROPOSED RENOVATION AND REDEVELOPMENT OF THE GUSMAN CULTURAL CENTER/OLYMPIA BUILDING (HEREINAFTER THE "PROJECT") AT A COST NOT TO EXCEED $6.121 MILLION; AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH FLAGLER LANDMARK ASSOCIATES CONCERNING SUCH PROJECT AND INSTRUCTING THE CITY MANAGER TO BRING THE PROPOSED AGREEMENT BETWEEN FLAGLER LANDMARK ASSOCIATES AND THE CITY TO THE CITY COMMISSION FOR THEIR APPROVAL PRIOR TO ITS EXECUTION AT WHICH TIME THE CITY COMMISSION MAY NEGOTIATE WITH FLAGLER LANDMARK ASSOCIATES TO REDUCE THE COST OF THE PROPOSED PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN AGREEMENT BETWEEN THE DEPARTMENT OF OFF-STREET PARKING AND THE CITY AND INSTRUCTING THE CITY MANAGER TO BRING THE PROPOSED AGREEMENT WITH SAID DEPARTMENT TO THE CITY COMMISSION FOR THEIR APPROVAL PRIOR TO ITS EXECUTION BY THE CITY WHICH AGREEMENT SHALL PROVIDE FOR THE PROPORTIONAL SHARING OF ALL COSTS ASSOCIATED WITH THE OPERATIONS, MAINTENANCE, AND DEBT SERVICE INVOLVED IN THE PROJECT, SUBJECT TO THE AVAILABILITY OF A FINANCING MECHANISM WHICH MUST BE ACCEPTABLE IN ALL RESPECTS TO THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 129 May 19, 1988 NOTE FOR THE RECORD: AT THIS POINT, DISCUSSION IN CONNECTION WITH S-3, LANGUAGE FOR THE FEDERAL LAW ENFORCEMENT BUILDING REQUEST FOR QUALIFICATIONS REGARDING MINORITY PARTICIPATION AND FINANCIAL CAPABILITY REQUIREMENTS WAS TABLED. ------------------------------------------------------------------------------ 30. A. AUTHORIZE IMPLEMENTATION PROCESS OF TRAFFIC STUDY - AUTHORIZE PUBLIC WORKS TO RESTRICT VEHICULAR TRAFFIC TO CERTAIN SPECIFIED STREETS, SUBJECT TO FINANCING BEING FOUND, BY INSTALLING AND MAINTAINING TEMPORARY BARRICADES AT CERTAIN INTERSECTIONS. S. AUTHORIZE PLACEMENT OF STOP SIGNS TO BE INSTALLED ALONG S.W. 28TH STREET FROM S.W. 22ND TO S.W. 27TH AVENUES. C. UNDERTAKE TRAFFIC STUDY OF BAY HEIGHTS AND NATOMA MANOR PARK AREAS FOR POSSIBLE RELIEF OF TRAFFIC FLOW. Mayor Suarez: Is PZ-15 controversial, Commissioners, do you have any problem with the proposed closing of streets? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, let me just check to see what my Commission, if we have problems with the Commission, then it's not even worth trying today. Mr. Dawkins: No, I don't have no problem with it. Mr. Plummer: Well, the only question that I have, Mr. Mayor, I'm very much in favor of allowing these residents to do what they want. Who's going to pay for it? Mayor Suarez: It's a 90-day period, who's paying for it, Bob? Mr. Plummer: No, this is not 90-days, is it? Mr. Dawkins: Yes, a 90-day trial period. Mr. Bob Fitzsimmons: Well, as a resolution, stare, it's 90-days. Mayor Suarez: Do we have the materials in hand that this would not cost anything in substantial amounts of money, what are we talking about here? Mrs. Kennedy: I'd like to hear from solid waste and police, their recommendation, Joe. Mr. Dawkins: Mr. Mayor, I think we need to announce that this will probably be the last item. It's twelve minutes of nine and we break at 9:00 o'clock. Mayor Suarez: The last item we hear at 9:00 is the last one of the day, I want everybody to know that as the Commissioner is stating. Mr. Jim Kay: Mr. Mayor, members of the Commission, this is a item for a resolution for a street closure... Ms. Hirai: Excuse me, sir, we need your name for the public record. Mr. Kay: ... on seven intersections in Coconut Grove. This is for a 90-day trial period and after 60-days the City will mail out letters to property owners within a 1,000 foot radius. Mayor Suarez: What's it cost? Are we talking about substantial amounts of expenditures here or barricades we already have or what? Mr. Kay: We're talking about temporary barricades. Mayor Suarez: OK... Mr. Kay: We're not... Mayor Suarez: Substantial amounts of money or not? 130 May 19, 1988 Mr. Kay: I can't address the problem of the temporary. Mayor Suarez: Oh, you can give us an estimate. Mr. Kay: I know what the final estimates if we go with a permanent. Mayor Suarez: No, no, on the temporary one. Mr. Plummer: Well, no, no, let me hear that also. what's the cost factor on a permanent? Mr. Kay: On a permanent closure, based upon the Belle Meade cost, was $12,000 per intersection. Now, that's just eon... Mr. Plummer: Per intersection. Mr. Kay: That's just constructions costs, if we do it like we did it at Belle Meade. Mayor Suarez: And we're talking about seven here. Mr. Kay: They did their own engineering. Yes, sir. Mayor Suarez: $84,000 permanent, how about temporary? You were concerned about permanent, weren't you? Mr. Plummer: Well, the idea behind the temporary is hopeful to prove that the permanent will become effect. Mayor Suarez: Did Belle Meade contribute some to their... Mr. Kay: Belle Meade provided their own engineering services so that $12,000 per intersection represents just construction cost. Mayor Suarez: But in this case, we can always provide our own, the City, I mean, if they provide the... Mr. Kay: The City paid for the construction up there in Belle Meade, but the problem... Mr. Dawkins: Yes, but the City paid for the construction as a experiment to see if it could be done. We did not promise - I mean, one vote did not promise that I was going to pay for everybody else that wanted to do it. Now, I'm in favor of you doing it in your neighborhood, but I'm also in favor of you assuming the cost of it. I mean me, that's just one vote. Mr. Kay: It's somewhat painful to realize too that we only, we have - we're short of funds in our highway general obligation bond fund and this really may not be considered as am emergency. Mr. Plummer: Which the voters turned down at the last election. Mr. Kay: Yes, sir. Mr. Plummer: I ask again, where will the money come from to do this project If it becomes permanent? UNIDENTIFIED SPEAKER: Commissioner... Mr. Kay: We have not volunteered. Mr. Odio (OFF MIKE): Don't look at me. Mr. Plummer: I am, you know, I'm looking at somebody. Mr. Odio (OFF MIKE): He's looking at me. UNIDENTIFIED SPEAKER: Commissioner Plummer. Mr. Plummer: Sir? 131 May 19, 1988 s i 4W UNIDENTIFIED SPEAKER: Could we, since we're going to talk about a 90-day temporary period and a 60-day period before the neighborhood is audited by the engineering staff, I think that that would give the neighborhood time to address your issue, air. Mr. Plummer: To come up with $100,0007 UNIDENTIFIED SPEAKER: You know, we're talking a large neighborhood and the City... Mr. Plummer: And a small amount of money. UNIDENTIFIED SPEAKER: And a relatively small amount of money. I'm not speaking for the group, I'm speaking as an individual. My understanding is that if streets are closed, certain lands will be possibly transferred in which case individuals adjacent to that might be acquiring land that they'd be glad to pay the City for. Mr. Plummer: Look, the only point I'm trying to make is I'm in concurrence with the plan, I have no problem with making it permanent. As I told you before and I'll tell you again, I hope to God you get it because I want it for my neighborhood, OK? Mr. Dawkins: You'll pay for the whole thing, you're affluent. Mr. Plummer: I'll be glad to pay my fair share. I sure will. Mr. Fitzsimmons: Mr. Plummer, one of the things, we're not seeking a Belle Meade, Belle Meade is a lot more sophisticated and ornate than we would require so the expenses might be lower. We would appreciate, if it is successful in 90-days, maybe we can come to some kind of arrangement within the neighborhood to pay maintenance, to off set some of the costs... Mr. Plummer: No, no, no, no. What we can come to is a special taxing district. That's what you're going to have to come to. The homeowners are going to have to pay for it. There's no other way. This City does not have spare funds. We put forth, and I want to tell you, if you go to the results of the bond issue on roads, Coconut Grove were not favorable to that bond issue. Now, I'm not saying how you voted, it's immaterial how you personally voted, but there's no monies, so... Mayor Suarez: Can you do that in that district under the new state legislation? In that area, special taxing district? Mr. Sergio Rodriguez: I think that we can apply a special assessment to the area. Mayor Suarez: Yes, that's what I mean. Mr. Plummer: Well, that's what I mean. Mayor Suarez: Well, there was someone that was against this or wanted to propose some... Mr. Dawkins: Come on down, air. Mr. Rodriguez: The staff has opposition on this too, by the way. Mayor Suarez: You're for it, give us a chance here to see... Mr. Fitzsimmons: Well, there's just some intersections that are not on your diagram, that's probably what he wants to talk about. Mr. Rodolfo Alonso: My name is Rodolfo Alonso and I live at 2620 Bird Avenue. The reason why I'm here is because I live right on Bird, east of 27th Avenue, between 27th Avenue and Aviation and that is the only street that is going to remain open coming south from South Dixie on 27th Avenue, and that is also residential area. So, that's really going to increase the traffic in our area. The reason behind this is to make it a nicer area as far as, you know, residential - from a residential point of view. We should be included. We should also be closed or we should all remain open or at least modified like the street before us, Inagua, should be open since there's no residents in 132 May 19, 1988 that area and we should be closed down. Because it's really - it's going to be affecting us... Mr. Plummer: Show me Bird on there. Point to Bird. Mr. Rodriguez: Continuation - second dot. Mayor Suarez: You know, one suggestion, by the way, if we don't follow up on your particular preference here is, before you implement even the temporary barricades, you do your own counting of automobiles in the street that you're concerned about and then afterwards and come back and give us some figures. In other words, you might convince yourself that it doesn't add any traffic because the overall effect may be to just discourage people coming into the neighborhood. I don't know, I mean, you know... Mr. Alonso: I really don't think there'll be... Mayor Suarez: Any traffic engineer can give you his estimate but there's no substitute for actually counting. You know, I mean, it might have to sit there for a couple of days, but... Mr. Alonso: Well, that makes sense but just by using common sense, I can tell If, as it is right now, traffic has increased within the past year tremendously because it's like an office building that was... Mayor Suarez: Why don't you point there where what intersection or what specific area you're talking about? Mr. Plummer: He's absolutely right. UNIDENTIFIED SPEAKER (OFF MIKE): I don't know if there's anyone here that lives on Swanson Avenue besides me... Mr. Fitzsimmons (OFF MIKE): I don't know. UNIDENTIFIED SPEAKER (OFF MIKE): Because Swanson Avenue is like a freeway. Mr. Fitzsimmons (OFF MIKE): Well, I know, but we're at a different issue at this point. Talking about how we're going to do it. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: You will probably get more traffic on the continuation of Bird. Yes. Mr. Rodriguez: Sure. Mr. Plummer: Oh, there's no question about it, traffic's got to go somewhere. Mayor Suarez: Yes. Well, no, I mean, you know, if you put enough barricades, you discourage people from going into the neighborhood and they go elsewhere, they... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: Yes. Mr. Dawkins (OFF MIKE): I can see that, I can see that. Mrs. Kennedy: Sergio, I also wanted to hear from solid waste to see how the garbage is going to be picked up. Is there... Mr. Rodriguez: If we made it, there will be, Mr. Mayor, a presentation from the staff. The staff is not in support of this for different reason... Mayor Suarez: It's not in support. Mr. Rodriguez: No. Mayor Suarez: Both as to... 133 May 19, 1988 Mr. Rodriguez: It's in support of the Closing of Inagua with 27th Avenue. That Department of Public Works is supporting that position... Mayor Suarez: One? Mr. Rodriguez: one. The Department of Fire is supporting the closing of Inagua and 21th and of Trapp and Lincoln and 27th, but it's not supporting; definitely, any closing along Aviation. And the Police Department is here to address that issue too. Mr. Plummer: Well, they're not closing anything on Aviation, Aviation's staying wide open. Mr. Rodriguez: No. The intersection with Aviation and... Mr. Kay: The intersection is on the east there: Mr. Rodriguez: ... those dots over there, on Aviation, Inagua, Swanson and Lincoln and Trapp. Mayor Suarez: If there's any additional ones that are missing from there, put them on there, please. How come we don't have all of them shown on there? Mr. Kay: Jefferson Street, up at the north end there and 28th Street... Mr. Rodriguez: That's it. Mr. Kay: ... is temporarily closed and we are in the 90-day trial period on that. Mr. Rodriguez: Those are closed already. Mr. Dawkins (OFF MIKE): Damn. Mr. Kay: Also, Abaco, I believe it is, Abaco is closed also. Mr. De Yurre (OFF MIKE): ... need helicopters. Mayor Suarez: Oh, that was before. These were done before. I mean these were done before though. Oh right, right. Mr. Kay: But, the seven intersections were the ones that we were considering today. Mayor Suarez: How about the one that he shows there that was not closed before, Andros and Washington? Mr. Kay: That is not closed, that's one-way, westbound at the present time. That was not... Mayor Suarez: Is that not being proposed to be closed, the one he just showed there with the... Mr. Kay: No, it's not, no, it's not. It was not considered at the last meeting. Mayor Suarez: You guys clarify that. In the meantime, go ahead, sir. Mr. Kay: Mr. Mayor... Mayor Suarez: Yes, I'm sorry. Mr. Kay: This resolution comes to you in a form of a negative recommendation from staff similar to the earlier item... Mayor Suarez: I gather that. Mr. Kay: And the police department would like to respond, they're represented here today by Lt. Longueira. Mayor Suarez: Yes, that what we're waiting for, Joe. 134 May 19, 1988 Mr. Fitzsimmons: Mr. Mayor, can I just clarify what street you want closed first and why they're not listed on there. Because I was the one that brought this up at the last meeting. I asked for all the streets that are on there. Mayor Suarez: OK, you went and put three on there, of which two were already closed. Mr. Fitzsimmons: Yes, sir. Mayor Suarez: So they were not at issue here. One, we have a disagreement about, can you resolve that one or do we have anymore disagreements? Mr. Fitzsimmons: I called up and asked why Andros was not listed, it's because nobody told them, but I know that I mentioned it at the last meeting so it's just a scrivener's error that it's not on there, that's all. Mayor Suarez: It's going to be difficult enough for us to close all of the other ones without Andros at that intersection, but... Joe, no, no, no. The police department, please. Lt. Joseph Longueria: My name is Lt. Joe Longueria of the police department. The last time when the traffic study came up, we addressed this issue so I don't want to go into it in detail, but we're generally opposed to it. It Inhibits our patrol of the area. It also inhibits our enforcement activity when we do find an offender, a policeman's in the car, he's chasing somebody on foot or a bike and we get to one of these barricades, we got no place to go. We are opposed to all of these street closures, we'd rather see them open. Mayor Suarez: Maybe we'll finally implement Commissioner Dawkins' idea of having motorcycle police officers doing a little bit more than traffic work. Mr. Carl Landbert: Yes, Mayor, I'm on 28th Street and all these closures work together. As someone said, the traffic has to go somewhere. Mayor Suarez: You're on which one, I'm sorry? Mr. Landbert: Twenty-eighth Street and that's not up for proposal tonight but it works in the whole scheme of things because there's a temporary one at Jefferson that you sent out ballots in our neighborhood. And if we don't oppose these closures in principle, but we want our barricade too because we're going to get all their traffic. We think the barricades are a good idea and we will... Mayor Suarez: Well, you're a lot more reasonable than the people in Belle Meade who were affected by the closing there because their one street, it was actually the main artery when those closings took place and let me tell you, they came down here and it was just nasty, so... Mr. Landbert: OK, can I show you something on the diagram? Mayor Suarez: What you're illustrating is the problem with this whole concept, I mean somebody's going to be affected, that's... Mr. Plummer: You squeeze the balloon in one place, it's going to pop out somewhere else. Mayor Suarez: That's it, you squeeze the balloon and it's... UNIDENTIFIED SPEAKER (OFF MIKE): Yes, because I almost got hit at Inagua and Swanson, Inagua and Aviation by a police car chasing a guy down the street. Mr. Fitzsimmons (OFF MIKE): Yes, but that doesn't... Mayor Suarez: Yes, I take your street every once in a while when I leave S.W. 28th Terrace to try to get to U.S. 1. UNIDENTIFIED SPEAKER (OFF MIKE): I'd rather have the street blocked off and then they can't go that way. Mr. Fitzsimmons (OFF MIKE): Yes. 135 May 19, 1988 Mayor Suarez: Yes. Mr. Plummer: You know, the day's going to come where we're going to go to the Oregon Plan. It works. You make it with barricades so that it's not convenient to drive through with the barricades. Mr. Lambert: OR, yet, Carl Lambert, 2500 S.W. 28th Street, Miami. Mr. Plummer: It works, it works. Mayor Suarez: Yes, you kind of make it into a maze is... Quick. Mr. Plummer: If this motion passes, I'm going to make one for Bay Heights and Natoma Manor. Mr. Fitzsimmons: We'll be here. Mayor Suarez: Please give him sound, somebody. UNIDENTIFIED SPEAKER: Mr. Plummer, sir, I own eleven pieces of property there and I'm willing to pay for this part of it. Mr. Plummer: In Bay Heights? UNIDENTIFIED SPEAKER: No, in this area but... Mr. Plummer: Oh. Mrs. Kennedy (OFF MIKE): No, he lives in the Grove. Mr. Plummer: What? UNIDENTIFIED SPEAKER: ... there's only one thing, you've got the streets shut off at the wrong place and I just want to show that. Mayor Suarez: You're a nice guy but you're out of order. Can we have - Madam City Clerk, can we have sound for that mike, please? Try it. Mr. Howard Weisberg: Howard Weisberg, 2975 Washington Street. We've collected the signatures of 270 people in the area affected by the street closures. They're all strongly in favor of it. The encroaching commercialization, due to SPI-13 and the other major developments in the area, are having a very bad effect on our neighborhood that is only going to get compounded as 27th Avenue continues to commercialize. We are in a strictly 100 percent residential neighborhood, single family homes. We want to keep it that way and we feel this barrier is necessary to stop the continuation of the commercialization. Mayor Suarez: We ordered that into the record. Anyone else? Mr. Rodriguez: Mr. Mayor... UNIDENTIFIED SPEAKER: Yes. Mayor Suarez: Yes, Serg. Mr. Rodriguez: I think the issue of Andros was a scrivener's error and should have been included there too. Mr. Plummer (OFF MIKE): The what? Mr. Rodriguez: Scrivener error - not having included it on the list. The issue of not including Andros was a scrivener error and should have been before you for consideration. And in relation to solid waste, when we discussed this in the past, they have no objection to the closing of this area; as difference with fire department and police. Mr. Plummer: All right, what are we going to do about Bird Avenue? That man has every right for the same protection. Mr. James Johnson: Well, that's not residential there, that's - Correo's building is here. 136 May 19, 1988 Mr. Plummer: Sure, it's residential on the south side of the street. Mr. Rodriguez: A portion of it is residential. Mr. Plummer: It sure is. He has every right to the same protection that you have. Mr. Alonzo: I'd like to mention that I have letters signed by every single resident on that street opposing it. Mayor Suarez: Is there any - short of that, because, obviously, you could close every street off of 27th but is there anything short of a barrier that could be put; any kind of a sign that could be put to tell people when they're corning down Bird that and of commercial district, you're going into a residential area? Mr. Plummer: We tried that in our Natoma Manor, Mr. Mayor, and we went from three thousand cars a day to four thousand. It doesn't work, I mean you got to have a policeman... Mayor Suarez: It's like an incentive for them to come in. Mr. Plummer: You've got to have a policeman standing on a corner with a ticket book 24 hours a day or they won't abide by it. Mr. Rodriguez: We suggested a series of the stop signs and one ways as part of the temporary solution, but the residents of the area prefer to have a barricade. Mr. Plummer: Well, you make a good point. Have you considered making all those streets one way and not closing them, then a police car could still get through. I mean, a police car don't care about a one way street if he's chasing a suspect. Mr. Fitzsimmons: That's true. Mr. Plummer, we could also address that by making a street closure that it's a curb that they can hop or something that they can go around which has been done. Mr. Plummer: Then I got to repair a police car. Mr. Fitzsimmons: No, you can make it so that it goes around then go on a sidewalk area or something. Mr. Plummer: Have you considered as I asked? Mr. Fitzsimmons: Yes, sir. Mr. Plummer: Have you considered making them one way streets westbound only. Mr. Fitzsimmons: Yes, air, because we'll still have a problem with people going home down U.S. 1. We're still going to have a traffic intrusion problem and stop that... Mr. Plummer: Oh, I see what you mean, homeward bound rather than eastbound. Mr. Fitzsimmons: Yes, sir. I mean, there's a lot of different reasons why we want that barricade. I mean, the police are saying they can't get in there, the neighborhood will remain open on three sides. For the most part, the police come from U.S. 1, they can get in there from 28th Street. It's not that difficult. Mr. Plummer: They all come from Burger King. Mayor Suarez: OK, ma'am. Ma'am, please. Yes. Ms. Cynthia Shelley: I have a transparency up here. My name's Cynthia Shelley, that doesn't have curves... that the emergency vehicles can come through if the little sidewalk area is black topped that meets with both sides of the streets. 137 May 19, 1988 Mayor Suarez: Did we consider that for Belle Meade, the type that police vehicles are not impeded fully? Ms. Shelley: The Belle Meade has curbs all up and down the sidewalks and around the closure. Mayor Suarez: That's why I'm asking our staff, Ma'am. Ms. Shelley: OK. Mr. Kay: No, those were completely closed off up there. Mayor Suarez: That's not my question. Did we consider that at Belle Meade before we totally blocked off... Mr. Kay: To my knowledge, no, no we did not. Mayor Suarez: There may be a better way to go. Ms. Shelley: It would be incredibly less costly. Mayor Suarez: From the public works standpoint, does it make any sense to do It that way? Mr. Kay: We're considering this at S.W. 20th Street and 37th Avenue in the Coral Gate area. Actually, something similar to this, not quite like this but it's a forced turn. Mr. Plummer: Yes, you know, I'm glad you brought that up. Excuse me, Mr. Mayor, Mr. Acting City Manager, let me tell you, I went through there this morning. Those people are being subjected to 18 wheel trucks with construction material that is overburdening that neighborhood, where they're building that Miracle Center. Those trucks are stacking up in the residential area and I hope the administration will do something about it. Mr. Kay: We're working on that right now, Mr. Commissioner. Mr. Plummer: That is uncalled for. Mr. Rodriguez: Coral Way and 33rd. Ms. Shelley: I need to finish please. I'd like to say that we're not only concerned with 27th Avenue... Mr. Plummer (OFF MIKE): Full of nothing but 18 wheelers. Ms. Shelley: We're not only concerned with 27th Avenue traffic, we're concerned with the building that's going on on Aviation and the intrusion into the neighborhood, forthcoming intrusion and intrusion that's happening right sow. We've got buildings at both and of Aviation, they're coming closer to the middle. The next thing that's going to happen is parking lots back into the neighborhood. We need to free ourselves of this and close ourselves off from it. We're a neighborhood that most of our friends are within the neighborhood and we socialize within the neighborhood. This can't - it doesn't make the neighborhood available for this kind of thing when we've got traffic coming in and we've got people coming in that are buying property just for speculative ventures and we want to keep it a family neighborhood. We do want to be here longer than 25 years in that neighborhood. Thank you. My name is Cynthia Shelley if I forgot to tell you. Get it on the record. Mayor Suarez: OK, that's it? Mr. Arnold Gellman: Mr. Mayor, my name is Arnold Gellman... Mayor Suarez: Ohhhhh. Mr. Gellman: I'll tell you, it's a coincidence, I said I've never been here before in this all impacts are... Mayor Suarez: What do you want to tell us? Mr. Gellman: I just want to show you something real quick. 138 May 19, 1988 Mayor Suarez: Are you in favor? He won't answer. Mr. Gellman: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: You know, momentum is on your side and time is not. Mr. Gellman: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Why don't you handle all of that in the trial period? I mean, that's what we have a 90-day trial period for. Mr. Gellman: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: You expect to convince him in the next minus eight minutes. You know, try to work on that during the trial period, if it passes. I'm not sure it's going to pass. That's it? Anyone want to record an objection? Please, go ahead. No, no, no. You're in favor, you just submitted I don't know how many petitions in favor. Please. Mr. Tom Spehar: Tom Spehar, 2458 S.W. 27th Lane, as a, for the most part I think I have an objection. Most of these closings are going to push traffic down to go into the residential neighborhood, be it 28th Street and 27th Lane. We already have kind of a problem there now with the little commercial shopping center. My other basic question is, these road closings that are presented, have they been tied into what, 27th Avenue proposed widening is supposed to be, with the county at some point in time? Mayor Suarez: We've had many, many hearings on that issue. Mr. Spear: OK, maybe you, through design considerations, going down 27th Avenue or whatever - or 27th Lane, you can have a right turn only, you can still allow emergency vehicles, etc., one way streets... Mayor Suarez: I think Commissioner Plummer, when sometime, maybe during this trial period is going to propose a whole different way to approach this in the future that's a lot less burdensome to the community. We may or may not, after three months, go ahead and implement this on a permanent basis and we'd be very interested in your testimony at that point. Mr. Spear: Total closings, I think, are a real problem, I do. Mayor Suarez: Yes, that's - a lot of people have expressed that. Mr. Bob McCall: My name's Bob McCall, I'm at 2440 S.W. 27th Lane. Total closing to me would be ridiculous myself because and traffic, when you have your peak traffic hours, if you have an emergency situation, you're not going to be able to get through your main arteries and... Mayor Suarez: We're going to try to solve the emergency situation by maybe having a different kind of an island but, still you're going to have more traffic flow, there's no doubt about it. Mr. McCall: Also, you're going to have a lot of more traffic going down main arteries and trying to beat the traffic. Mayor Suarez: OK, thank you. Mr. Johnson: My name is... Mayor Suarez: You're in favor, I presume. Mr. Johnson: Yes, but I need to may something. Yes, I'm in favor. My name is James Johnson, I live at 3025 Blaine Street. Mayor Suarez: I always want to call you Bill, go ahead. Mr. Johnson: I just need to show you a little something on the map. The aerial that I had taken was - I own eleven properties and they're right now we're having a problem already. We're right there at Lincoln and Trapp and it's just a matter of those streets being shut off behind the commercial development and I'll show you here because of the building that's going to go in on the corner of Tigertail and 27th. 139 May 19, 1988 Mayor Suarez: What does it lead you to conclude about all this? Bring that back to us if we ever make this a permanent... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Let us try the temporary barricades if it passes and then bring those suggestions up prior to any kind of permanent structure being built. Mr. Johnson: So it could be moved back when it comes time for the permanent structure? Mayor Suarez: Oh, yes, yes, yes, yes, yes. The whole thing could be undone if... Yes, ma'am. Ms. Roberta Gross: Roberta Gross, I live at 3120 Lucaya Street and I've lived there 42 years. And I am opposed and I'm opposed - I feel that four way stops would be far better than what you're proposing. Mr. Odio (OFF MIKE): They don't work. Mr. Plummer (OFF MIKE): I beg you to go to the intersection of Hallissee and Tigertail... Mrs. Kennedy (OFF !LIKE): We have that in our neighborhood. Mr. Odio (OFF !LIKE): We were just talking about that. It doesn't work. Mr. Plummer (OFF MIKE): So help me God, there are going to be people killed there like you can't believe, they don't even slow down anymore. Mrs. Kennedy (OFF MIKE): That's right. Mr. Odio (OFF MIKE): They doesn't work... Mrs. Kennedy (OFF MIKE): It does not work. Ms. Gross: Well... Mr. Plummer (OFF MIKE): And then when a policeman goes there and issues a ticket, it's all my fault. Mayor Suarez: You're like me, you'd be willing to try that. I'm on South Miami Avenue, I would love to have a stop sign, anything that might, slow people down just a little bit. Ms. Gross: I'm willing to try it because at least I can get out from my home where I have lived all these years and pay taxes. And let me tell, air, my taxes are very high and I have a very small piece of property. And I intend to live there until I die. And I don't appreciate being pushed around. I think it's time that everybody was considered. My way out is out Lincoln and I don't drive fast and I object to the heavy traffic, just as much as anybody else, and I've spoken against it at these meetings before. Mayor Suarez: OK, ma'am. Mrs. Kennedy (OFF MIKE): Ma'am, what is your address again? Ms. Gross: 3120 Lucaya Street, I'm halfway between Tigertail and Lincoln on Lucaya. Mayor Suarez: Thank you. UNIDENTIFIED SPEAKER: Mr. Mayor, can we have a show of hands on this issue for the neighbor... Mayor Suarez: Yes, sure, all those who are opposed to this plan, please raise your hand. And all of those who are in favor. It's not going to make... Mr. Plummer (OFF MIKE): .... that's about $8,000 a piece. Mayor Suarez: Right. Anyone else opposed? Yes, sir. 140 May 19, 1988 Mr. Mark Powell: My name is Mark Powell. I live on 2260 S.W. 28th Street and I am also opposed because the increase in the traffic on that street. That street is the one of the only streets that goes all the way through after Tigertail and the traffic there is ridiculous. There are people drag racing on that street Sunday afternoon forcing a car off the street onto the sidewalk. There's children that live on that street. The traffic problem is ridiculous, I was out there this morning, there were ten cars per minute between a quarter to nine and a quarter after nine. So I think this street closure would further increase the traffic there. If you're going to close the streets, close all of them or try to do something else. Mr. Alonso: I would like to specify I'm not against it, I'd just like to be protected like Commissioner Plummer mentioned, I'm entitled to the same type of protection as everybody else. Mayor Suarez: You'd like to have your's closed too. You know, I live on South Miami and I wish that I could rename South Miami, Grand Prix Boulevard because it's just amazing, but... Mr. Plummer (OFF MIKE): Damn good idea. Mayor Suarez: In any event, I'll entertain a motion on this item. Mr. Plummer (OFF MIKE): Are we going to include Bird Avenue or not? Mayor Suarez: Don't add, don't add for the experiment. Don't add for the experiment. Just too many. Mr. Plummer (OFF MIKE): The only reason I'm asking is this man is entitled to the same protection. Mayor Suarez: Then you have to include 28th and... You know, in the next three months, we'll decide. Mr. Alonso: It's like meanwhile... Mayor Suarez: I'll entertain a motion any way. Whatever the Commission wants to do, I just want to decide this. I'll move the item. Mr. Dawkins: Who's going to pay for - OK, I'll wait for discussion. Mrs. Kennedy: OK, is there a second? Mr. Rodriguez: Including Andros? Mayor Suarez: No, not including Andros. Mr. Plummer (OFF MIKE): What, what? Mrs. Kennedy: No, just the proposal. Mr. Alonso: How about including Bird? Mayor Suarez: Oh, I'm sorry, yes, including Andros. Including Andros, yes. Mr. Plummer (OFF MIKE): Wait a minute. Mrs. Kennedy: Is there a second? OK, I'm going to second. Mr. Dawkins: OK, under discussion, who's going to pay for it? Mr. Plummer: Under discussion... Mr. Dawkins: Who's going to pay for it? Mayor Suarez (OFF MIKE): Decide that before the permanent... Mr. Dawkins: No, I'm going to decide that before I vote tonight, me, me. Mr. Plummer: Question to the administration, who's going to pay for it? 141 May 19, 1988 UNIDENTIFIED SPEAKER: Excuse toe, tan I say something? Mr. Plummer: Excuse me, ma'am. UNIDENTIFIED SPEAKER: I'm sorry. Mayor Suarez: Well my motion - let me clarify my !notion. bn my motion, there is no assurance that I would move to make this permanent even if it otherwise worked unless we found out, to the satisfaction of Commissioner Dawkins, that we could get financing for this. Mr. Plummer: Commissioner Dawkins' question is, who's going to pay for it, administration, answer. Mayor Suarez (OFF MIKE): We don't know at this point. Mr. Plummer: Well, somebody's got to pay for it. Mayor Suarez: We'll resolve that three months from now. Mr. Plummer: No, I assume you're asking about the temporary. Mayor Suarez: Oh, no, no, I thought you were still asking about the permanent. Mr. Dawkins: I'm talking about the temporary. Mayor Suarez: How much are the temporaries? Mr. Kay: Mr. Commissioner, temporary closure would probably be about $10,000. Mr. Dawkins: Who's going to pay for it? Mr. Plummer: His question is, who's going to pay for it? Mrs Kennedy: Who's going to pay for it again? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Sir, you are assessed... Mayor Suarez: You are assessed for those and there's a determination in those that's implicit that without those, we won't survive, you know, because the sewers have to exist and the streets and all of that. And some people not only believe that we can survive without the barricades, they believe they'd function better without them so it is a little different. Mr. Johnson: How much is it going to be for each street? Mr. Plummer: Wait a minute now, you're out of order. Administration once again... Mr. Johnson: You asked a question. Mayor Suarez: He was ready to offer the $10,000. Mr. Plummer: Are you going to offer $10,000? Mr. Johnson: You asked a question, what is it going to cost per street and maybe I can give you an answer of who'll pay for two or the streets. Mr. Plummer: Administration, Commissioner Dawkins has asked a question. Who is going to pay for it? Mr. Rodriguez: OK, you have two options, either... Mr. Dawkins: Either us or them. Mrs. Kennedy: Either the City or the taxpayers. Mr. Rodriguez: Right. Either you pay by taking it from capital improvement ordinance and then you have to appropriate it from another project and then 142 May 19, 1988 you do it that way. That's your first option. And the second option is by assessing the neighborhood. Mr. Plummer: The maker of the motion. What is option that you wish? Mayor Suarez: Can't say it quite in the terms that I want to say it but the first part I can. I don't give a hoot. Mr. Johnson: How much a street? Why don't you just say how much is it going to be a street? Mr. Plummer: You got seven streets, divide it by seven, eight. Mr. Johnson: All right, I'll pay for the two streets I'm talking about. I'm easy, I have eleven pieces of property there, I told you. Mayor Suarez: OK, my motion then as to the temporaries is that the neighbors first contribute the amount necessary for the temporaries by however means, by dividing the streets or however and thank you for your offer, Jim, to pay a little bit over $2,000 bucks. Mr. Plummer: All right, so in other words, it's understood that the neighbors will pay for the - whatever the figure is. They'll be assessed, OK? Mr. Fitzsimmons: Can we implement it, instead of the City? Can we do it and pay for it - and figure out a way to pay for it? Mrs. Kennedy: Yes. Mr. Plummer: That's what the maker of the motion has indicated you're going to have to. OK? The only question I have is, to the maker of the motion, Bird Avenue. I would like to amend it to put in Bird Avenue. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mr. Plummer: No, I'm talking about Bird Avenue right now. I'm going to address that in a minute. All right, motion understood? Call the roll. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 88-480 A RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO RESTRICT VEHICULAR ACCESS TO INAGUA AVENUE, SWANSON AVENUE, TRAPP AVENUE, AND LINCOLN AVENUE AT THE NORTHEASTERLY SIDE OF THEIR INTERSECTION WITH AVIATION AVENUE, AND INAGUA AVENUE, AND TRAPP AVENUE, AND LINCOLN AVENUE AT THE EASTERLY SIDE OF THEIR INTERSECTION WITH SOUTHWEST 27TH AVENUE BY INSTALLING AND MAINTAINING TEMPORARY BARRICADES AT SAID INTERSECTIONS FOR A NINETY (90) DAY TRIAL PERIOD; REQUIRING A SUBSEQUENT POLL OF NEARBY PROPERTY OWNERS ON THE FUTURE PERMANENCY OF SAID ACCESS RESTRICTIONS; AND PROVIDING PERMANENCY PROCESS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 88-480.1 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PLACE 90-DAY TEMPORARY BARRICADES AT THE INTERSECTION OF: BIRD ROAD AT THE EASTERLY ZONED RIGHT-OF-WAY LINE OF S.W. 27 AVENUE: ANDROS AVENUE AT A LOCATION OF 150 FEET EAST OF THE ZONED CENTER LINE AT S.W. 27 AVENUE: FURTHER INSTRUCTING THE CITY MANAGER TO ASSESS THE AREA NEIGHBORS FOR THE COST OF SAID BARRICADES AS WELL AS OTHER BARRICADES SPECIFIED IN R-88-480. 143 May 19, 1988 Upon being seconded by Vice mayor Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Turre Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: I now make a motion that S.W. 28th Street, which is five blocks, which is an absolute raceway, that stop signs be installed at every Intersection. (Applause) Mr. Plummer: I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll? Mr. Plummer: And if I'm the first one that gets a ticket... Mr. Dawkins: I would hope so. Mayor Suarez: The officer's ready for you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-481 A RESOLUTION URGING METROPOLITAN DADE COUNTY TO TAKE STEPS WHICH WILL RESULT IN THE INSTALLATION OF STATIONARY STOP SIGNS AT EACH INTERSECTING STREET ALONG SOUTHWEST 28TH STREET BETWEEN 22ND AND 27TH AVENUES IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREINNAMED OFFICIALS. (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 Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. FOLLOWING COMMENTS MADE DURING ROLL CALL: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Fitzsimmons: They're closing it off. Mr. Plummer: No, then I won't have a way to go home. Mayor Suarez: Complete the roll call, this is really getting out of hand here. 144 May 19, 1988 FOLLOWING COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Commissioner, you wanted a motion to... Mr. De Yurre: Yes, I move... Mr. Plummer: Wait a minute, wait a minute, let me answer this lady, please. OK, all joking aside. With Swanson being barricaded at Aviation I think is going to reduce your... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Assuming you all pay for it, we are, yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: If you can't pay for it... Mayor Suarez: Please, we'll cross that bridge when we get there. Commissioner, you got a motion? Mr. Plummer: OK. Mr. De Yurre: Yes, Mr. Mayor, I move a resolution... Mr. Plummer: Whoa, whoa, whoa, whoa, in the same vein. I also make a motion at this time that the planning department be instructed to undertake a study of Bay Heights and Natoma Manor for any and all relief that could be given to the residents of those two areas due to the tremendous amount of traffic incurred in and/or including the Oregon Plan. And report back to this Commission on the 23rd of June so if we are favorably disposed, we can in fact have public hearings. I so move. Mr. De Yurre: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-482 A MOTION DIRECTING THE ADMINISTRATION TO UNDERTAKE A TRAFFIC STUDY OF THE BAY HEIGHTS AND NATOMA MANORS SUBDIVISION AREAS IN ORDER TO MAKE RECOMMENDATIONS IN CONNECTION WITH THE POSSIBLE RELIEF OF TRAFFIC FLOW IN THE AREA WITH SPECIFIC EMPHASIS ON THE OREGON PLAN; FURTHER REQUESTING THE ADMINISTRATION TO REPORT BACK AT THE MEETING OF JUNE 23. 1988. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 145 May 19, 1988 .:JE; 31. REQUEST PERMISSION FROM DADE COUNTY TO PAY THE COUNTY SUFFICIENT MONIES TO FUND A PROGRAM TO ASSIGN FULL-TIME COUNTY EMPLOYEES IN THE COLLECTION OF MIAMI AD VALOREM TAXES - APPLICATION TO BE APPROVED BY CITY COMMISSION PRIOR TO ITS SUBMITTAL TO DADE COUNTY. (SEE LABEL 9) ------------------------------------------------------------------------------ Mayor Suarez: Commissioner. Mr. De Yurre: Mr. Mayor, I move the resolution requesting that the Dade County Commission allow the City of Miami to pay to the county sufficient monies to fund a program acceptable to the county which would result in the assignment of full time county employees to be engaged exclusively in the collection of City of Miami ad valorem taxes. Further directing the City Manager to prepare a formal application to be presented to the County Commission setting forth all necessary supporting facts and details in connection with this request and requiring that the application be approved by the City Commission before its submission to the Dade County Commission. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-483 A RESOLUTION REQUESTING THAT THE DADE COUNTY COMMISSION ALLOW THE CITY OF MIAMI TO PAY TO THE COUNTY SUFFICIENT MONIES TO FUND A PROGRAM ACCEPTABLE TO THE COUNTY WHICH WOULD RESULT IN THE ASSIGNMENT OF FULL-TIME COUNTY EMPLOYEES TO BE ENGAGED EXCLUSIVELY IN THE COLLECTION OF MIAMI AD VALOREM TAXES; FURTHER DIRECTING THE CITY MANAGER TO PREPARE A FORMAL APPLICATION TO BE PRESENTED TO THE COUNTY COMMISSION SETTING FORTH ALL NECESSARY SUPPORTING FACTS AND DETAILS IN CONNECTION WITH THIS REQUEST AND REQUIRING THAT THE APPLICATION BE APPROVED BY THE CITY COMMISSION BEFORE ITS SUBMISSION TO THE DADE COUNTY COMMISSION. (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. 146 May 19, 1988 32. EXTEND EXISTING CONTRACT WITH TOXICOLOGY TESTING SERVICES, INC. FOR LABORATORY SERVICES (DRUG TESTING) TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR 60 DAYS. Mayor Suarez: We need a motion on the testing - for the drug testing. What is it. Angela? Ms. Angela Bellamy: It's a resolution formalizing your motion at the last meeting no... Mayor Suarez: I'll entertain a motion on that. Formalizing the... Ms. Bellamy: it's to continue the drug testing program until we're taking it out to bid. We'll bring that back at the July meeting. Mayor Suarez: Moved and seconded. Call the roll. The following resolution vas introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-484 A RESOLUTION AUTHORIZING THE EXTENSION OF THE EXISTING CONTRACT FOR LABORATORY SERVICES TO TOXICOLOGY TESTING SERVICE, INC., APPROVED ORIGINALLY BY RESOLUTION NO. 86-745, BID NO. 85-86-96. TO PROVIDE LABORATORY SERVICES TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR SIXTY DAYS AT A TOTAL PROPOSED COST OF $30,000; ALLOCATING FUNDS THEREFOR FROM BUDGETED FUNDS OF THE CITY'S ADMINISTRATIVE DEPARTMENTS AND SPECIAL PROGRAMS AND ACCOUNTS, SUBJECT TO THE AVAILABILITY OF FUNDS. (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. 147 May 19, 1988 33. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP ON THIS DATE TO THE PLANNING AND ZONING MEETING OF JUNE 23, 1988. Mr. Sergio Rodriguez: hr. Mayor, you have to continue the items you have left. Mayor Suarez: I'll entertain a motion to continue all the items that we didn't get to until the meeting of the 23 of June. Moved and seconded. Call the roll. The following action was introduced by Commissioner Kennedy, who moved Its adoption: MOTION NO. 88-485 A MOTION TO CONTINUE ALL AGENDA ITEMS NOT TAKEN UP ON THIS DATE TO THE NEXT PLANNING AND ZONING MEETING OF JUNE 23, 1988. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. THERM BEING NO FURTHER BtiSDMSS SO CM MORE = CITT COMhISSION, TW 111D1G WAS •WWRMRD AT 9: 22 P.M. Natty Hirai CIT'r CLIRK Waiter J. Foaffian ASSIST•NT cM CLnK Xavier L. Suarez NATOa 148 may 19, 1988 s�■ i N f CITY OF MIAMI DOCUMENT INDEX Molm QATE APPROVE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND BUDGET (FY 1988) - MAKE INTEREST PAYMENT ON A U.S. HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION. STREET CLOSURE - TENTATIVE PLAT NO. 1311 - "GRAN CENTRAL SUBDIVISION" - (APPLICANTS: FLORIDA EAST COAST RAILWAY CO. AND GRAN CENTRAL CORPORATION). GRANT APPEAL BY MR. CHARLES CONFALONE ALLOW CONSTRUCTION AND OPERATION OF A SELF -STORAGE FACILITY AT APPROXIMATELY 2960-2978 & 2990 SW 28TH LANE - WITH A ONE YEAR REVIEW. GRANT APPEAL BY MR. ARNOLD GELLMAN - TO ALLOW TWO-STORY ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE AT APPROXIMATELY 2551 TIGERTAIL AVENUE. GRANT APPEAL BY MR. JAMES G. ROBERTSON TO PERMIT 7-STORY RESIDENTIAL APARTMENT BUILDING AT APPROXIMATELY 2815 TIGERTAIL AVENUE. TEMPORARY DEFERRAL OF PROPOSED RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TO PROVIDE PAYMENTS, ETC. AUTHORIZE NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND TEH SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION ($7,200,000) PROVIDING FOR PAYMENTS, ETC. AUTHORIZE IMPLEMENTATION PROCESS OF TRAFFIC STUDY. AUTHORIZE PUBLIC WORKS TO RESTRICT VEHICULAR TRAFFIC TO CERTAIN SPECIFIED STREETS, SUBJECT TO FINANCING BEING FOUND, BY INSTALLING AND MAINTAINING TEMPORARY BARRICADES AT CERTAIN INTERSECTIONS. AUTHORIZE PLACEMENT OF STOP SIGNS TO BE INSTALLED ALONG S.W. 28TH STREET FROM SW 22ND TO SW 27 AVENUES. MAY 19, 1988 PAW 1 OF RE I MAL CODE N 88-469 88-471 88-472 88-473 88-474 88-475 88-479 88-480 88-481 DOCUMENT INDEX �E.� Ow._.. 000LUM VENTMA,x RETRIEVAL CODE NO. REQUEST PERMISSION FROM DADE COUNTY TO PAY THE COUNTY SUFFICIENT MONIES TO FUND A PROGRAM TO ASSIGN FULL TIME COUNTY EMPLOYEES IN THE COLLECTION OF MIAMI AD VALOREM TAXES - APPLICATION TO BE APPROVED BY CITY COMMISSION PRIOR TO BE APPROVED BY CITY COMMISSION PRIOR TO ITS SUBMITTAL TO DADE COUNTY. 88-483 EXTEND EXISTING CONTRACT WITH TOXICOLOGY TESTING SERVICES, INC. FOR LABORATORY SERVICES (DRUG TESTING) TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR 60 DAYS. 88-484