HomeMy WebLinkAboutCC 1988-01-14 MinutesY
CI�'Y OF MI M
I
Ali
INCORP t*
OF MEETING HEW ON JANUARY 14, 1988
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
w
INDEX
!MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
January 14, 1988
ITEM SUBJECT LEGISLATION PAGE
NO. MO.
1. PRESENTATIONS, PROCLAMATIONS AND PRESENTED 1
SPECIAL ITEMS.
2. STRONGLY URGE THE DIVISION OF PARI-
MUTUAL WAGERING OF THE FLORIDA
DEPARTMENT OF BUSINESS REGULATIONS TO
ASSIGN THE HIALEAH PARK RACE COURSE THE
MIDDLE RACING NIGHTS FOR ITS 1989 MEET.
3. BRIEF DISCUSSION ITEM: COMMISSIONER
DAWKINS REQUESTS FIRE CHIEF TO EXPLAIN
PRESENTLY INSTITUTED DRUG POLICY AT THE
FIRE DEPARTMENT.
4. DIRECT CITY MANAGER TO TAKE APPROPRIATE
MEASURES TO REVERSE PROPOSED DADE
COUNTY SCHOOL BOARD POLICY TO TRANSFER
37 CHILDREN OUT OF COCONUT GROVE AREA.
5. CONSENT AGENDA.
5.1
ACCEPT BID: BERGER SECURITY - SECURITY
SERVICES FOR GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE
DEPARTMENT.
5.2
ACCEPT BID: BOYS ELECTRIC, INC. -
FURNISHING OF 300 25 KVA TRANSFORMERS
TO DEPARTMENT OF PUBLIC WORKS.
5.3
ACCEPT BID: MARINA POWER COMPANY -
FURNISHING OF 643 UTILITY PEDESTALS TO
DEPARTMENT OF PUBLIC WORKS.
5.4
ACCEPT BID: LAKEVIEW KENNEL -
FURNISHING 10 GERt!AN DOGS FOR THE
CANINE PROGRAM OF THE POLICE
DEPARTMENT.
5.5
ACCEPT BID: BROWARD ELEVATOR SALES AND
SERVICE - FURNISHING OF LABOR AND
MATERIALS TO REPAIR THREE ELEVATORS AT
POLICE DEPARTMENT BUILDING.
5.6
ACCEPT BID: P.N.M. CORPORATION -
CITYWIDE SANITARY SEWER IMPROVEMENT -
NW 5TH AVENUE - PROJECT NO. 351274.
5.7
RESCIND BID AWARD: FLORIDA COOL
SERVICE. ACCEPT SECOND LOWEST BID:
TEMPTROL AIR CONDITIONING, INC. - AIR
CONDITIONING MAINTENANCE SERVICES AT
COMPUTER DEPARTMENT BUILDING.
1/14/88
R 88-1
1/14/88
2
DISCUSSION
2-3
1/14/88
M 88-2
4-5
1/14/88
DISCUSSION
5-15
1/14/88
R 88-3
6
1/14/88
R 88-4
6
1/14/88
R 88-5
1/14/88
R 88-6
1/14/88
R 88-7
1/14/88
R 88-8
1/14/88
R 88-9
1/14/88
6-7
7
7
7-8
8
5.8
ACCEPT EXTENSION OF BID 86-87-010:
TEMPTROL AIR CONDITIONING INC. - AIR
CONDITIONING MAINTENANCE AT POLICE
DEPARTMENT BUILDING.
5.9
ACCEPT EXTENSION OF BID 84-85-119: J &
L FEED SUPPLY AND HECTOR SUPPLY CO. -
FURNISHING ANIMAL FEED AND SUPPLEMENTS
TO DEPARTMENT OF POLICE - MOUNTED
PATROL HORSES AND CANINE UNIT.
5.10
ACCEPT EXTENSION OF BID 84-87-112: (A)
DR. RICHARD S. TEMPLETON - VETERINARY
SERVICES TO POLICE MOUNTED PATROL. (B)
KNOWLES ANIMAL HOSPITAL - VETERINARY
SERVICES FOR POLICE DOGS USED BY THE K-
9 UNIT.
5.11
EXECUTE AMENDMENT TO AGREEMENT: FULLER
& SADAO, P.C. TO INCREASE FEES BY
$153,000 FOR ADDITIONAL DESIGN FEES.
5.12
EXTEND EXISTING PROFESSIONAL SERVICE
AGREEMENTS WITH WILLIAM S. TEASDALE,
P.E. AND ELLIS-SNYDER-ASSOCIATES, INC.
FOR ADDITIONAL WORK IN CONSTRUCTION
PHASE OF DINNER KEY MARINA RENOVATION
AND EXTENSION PROJECT.
5.13
EXECUTE FOUR AGREEMENTS WITH: (A)
MILLER BREWING COMPANY, INC., (B)
ANHEUSER-BUSCH, INC., (C) KENWOOD
SPRINGS WATER, INC., AND (D) SEA ESCAPE
LIMITED, INC. - PLACEMENT OF
ADVERTISING IN ORANGE BOWL STADIUM.
5.14 REPLACE LOST CITY OF MIAMI GENERAL
OBLIGATION BOND ($175,000).
5.15 AUTHORIZE ACQUISITION OF PROPERTY FOR
EXPANSION OF FIRE STATION NO. 10.
5.16 DESIGNATE A SECTION OF STATE ROAD 9
(N.W. 27TH AVENUE) AS A LIMITED ACCESS
FACILITY.
5.17
5.18
5.19
5.20
SUPPORT METROPOLITAN DADE COUNTY MIAMI
RIVER CANAL SANITARY SEWER SPECIAL
TAXING DISTRICT - REQUEST FROM THE
COUNTRY, ESTIMATE COST TO INCLUDE AN
UNSEWERED AREA WITHIN THE CITY.
RESCIND RESOLUTION 85-770 WHICH ORDERED
COCONUT GROVE HIGHWAY IMPROVEMENT -
PHASE I - H-4511 - DESIGNATE PROPERTY
FOR SPECIAL ASSESSMENTS.
RESCIND RESOLUTION 85-1251 WHICH
ACCEPTED TENTATIVE PLAT "DEGARMO
ESTATES" - AUTHORIZE MANAGER TO PAY
$19,500 FOR BOND ON IMPROVEMENTS TO
PROPERTY OWNERS.
RESCIND RESOLUTION 84-324 WHICH
ACCEPTED TENTATIVE PLAT "LEVI'S ACRE" -
AUTHORIZE MANAGER TO PAY $2,900 TO THE
PROPERTY OWNERS FOR FORFEITED BOND FOR
IMPROVEMENTS.
f
R 88-10 8
1/14/88
DISCUSSION 9
1/14/88
R 88-12 9
1/14/88
1/14/88 9
R 88-14
1/14/88
R 88-15
1/14/88
v7
9-10
R 88-16 10
1/14/88
R 88-17 10
1/14/88
R 88-18 10
1/14/88
R 88-19 10-11
1/14/88
R 88-20 11
1/14/88
R 88-21 11
1/14/88
R 88-22 11-12
1/14/88
m.
CSK 2 January 14, 1988
5.21
ACCEPT PLAT: HUME TRACT.
R 88-23
12
1/14/88
5.22
ACCEPT PLAT: BAYSHORE VILLAS.
R 88-24
12
1/14/88
5.23
ACCEPT PLAT: LYNN SUBDIVISION.
R 88-25
12
1/14/88
5.24
RECOGNIZE TAX EXEMPT STATUS CLAIMED BY
R 88-26
13
CHILDREN'S HOME SOCIETY OF FLORIDA.
1/14/88
5.25
APPROVE ADMISSION OF NEW MEMBER TO
R 88-27
13
SUNSHINE STATE GOVERNMENTAL FINANCING
1/14/88
COMMISSION. (NOTE: APPOINTED WAS: POLK
COUNTY.)
5.26
APPPOINT TWO EMPLOYEE MEMBERS TO THE
R 88-28
13
CIVIL SERVICE BOARD. (NOTE APPOINTED
1/14/88
WERE: STEVEN SMIGELSKI AND HOMER
WHITTAKER.)
5.27
ALLOCATE $4,500 IN SUPPORT OF MARTIN
R 88-29
13
LUTHER KING JR. PARADE (TO BE HELD
1/14/88
JANUARY 18, 1988).
5.28
AUTHORIZE ADMINISTRATION TO DECLARE 12
R 88-30
13-14
SURPLUS CITY VEHICLES AS CATEGORY "A"
1/14/88
SURPLUS STOCK. DONATE SAME TO SUB -
COUNCIL FOR CRIME PREVENTION IN LITTLE
HAVANA.
5.29
AUTHORIZE ADMINISTRATION TO DECLARE
R 88-31
14
FOUR SURPLUS CITY VEHICLES AS CATEGORY
1/14/88
"A" SURPLUS STOCK. DONATE SAME TO
MODEL CITIES CRIME PREVENTION SUB -
COUNCIL.
5.30
AUTHORIZE CLOSURE OF DESIGNATED STREETS
R 88-32
14
CONCERNING 29TH ANNUAL ARTISTS' DAYS
1/14/88
(TO BE HELD FEBRUARY 20-21, 1988 AT
VIZCAYA MUSEUM).
5.31
RATIFY CITY MANAGER'S ACTION IN WAIVING
R 88-33
14-15
CITY'S RIGHT TO CERTAIN REVENUES OWNED
1/14/88
TO THE CITY BY THE 1988 ORANGE BOWL
CLASSIC FROM SALE OF BEER AND ALCOHOL.
6.
STIPULATE THAT ALL PROSPECTIVE CITY
M 88-34
15-18
APPLICANTS BE RESPONSIBLE FOR COST OF
1/14/88
DRUG TESTING IF THEY TEST POSITIVE.
(See label #9)
7.
RECONSIDER PRIOR VOTE ON (A) EXTENSION
M 88-35
18-19
OF BID FOR FURNISHING OF ANIMAL FEED (J
1/14/88
& L FEED SUPPLY AND HECTOR SUPPLY CO.)
FOR DEPARTMENT OF POLICE AND (B)
EXTENSION OF AGREEMENT WITH FULLER AND
SADAO. (See labels 5, 8, 10 and 25)
8.
EXTEND BID FROM J & L FEED SUPPLY AND
R 88-36
19-20
HECTOR SUPPLY FOR ANIMAL FEED FOR
1/14/88
DEPARTMENT OF POLICE, (See label 5)
9.
AGREEMENT WITH FAMILY HEALTH CENTER FOR
R 88-37
20-21
RENDERING PHYSICAL EXAMINATIONS FOR
1/14/88
CURRENT AND PROSPECTIVE CITY EMPLOYEES.
(See label #6)
CSK 3 January 14, 1988
10.
DISCUSS AND DEFER CONSIDERATION OF
AGREEMENT WITH FULLER & SADAO (BAYFRONT
REDEVELOPMENT) (See labels 5, 7 and 25)
11.
ACCEPT GRANT FROM BISCAYNE BAY
RESTORATION AND ENHANCEMENT PROGRAM FOR
STABILIZATON OF SHORELINE ALONG SEWELL
PARK - EXECUTE AGREEMENT.
12.
EXECUTE USE AGREEMENT WITH UNITED
SPORTS OF AMERICA FOR MOTORSPECTACULAR
EVENT AT THE ORANGE BOWL STADIUM.
13.
DIRECT ADMINISTRATION TO REINSTATE
DISPLAY "WELCOME" SIGN AT ORANGE BOWL
AND RESTORE IT TO ITS ORIGINAL
LOCATION.
14.
REQUEST ASSISTANCE FROM FEDERAL LAND
AND WATER CONSERVATION FUND PROGRAM FOR
ADDITIONAL IMPROVEMENTS AT VIRGINIA KEY
BEACH.
15.
DISCUSS AND TABLE PROPOSED ACQUISITION
OF PROPERTY AT NORTHWEST 34TH TERRACE
BETWEEN NORTHWEST 1ST AND 2ND AVENUES
TO DEVELOP A PUBLIC PARK. (THIS ITEM
WAS LATER TAKEN UP AGAIN AND DEFERRED
TO A FUTURE MEETING. SEE LABEL 84.)
16.
DISCUSSION AND TEMPORARY DEFERRAL OF
PROPOSED ACCEPTANCE OF PLAT: CLAUGHTON
SUBDIVISION ON CLAUGHTON ISLAND (SEE
LABEL 41.)
17.
DISCUSSION AND TEMPORARY DEFERRAL OF
CONFIRMATION OF REAPPOINTMENT TO OFF-
STREET PARKING BOARD OF: A) DIANE
SAULNEY SMITH, AND B) ARTHUR HERTZ.
(SEE LABEL 21.)
18.
A.) DIRECT ADMINISTRATION TO ADVERTISE
RFP (ATTACHMENT A) FOR PROVISION OF
BANKING SERVICES TO THE CITY.
B.) EXPRESS CITY COMMISSION POLICY
THAT BANKS REFUSING ASSISTANCE IN
TARGET AREAS WILL NOT PARTICIPATE IN
OTHER CITY PROJECTS.
19.
EMERGENCY ORDINANCE: AMEND 1 OF 10347 -
REAPPROPRIATE FUNDS FROM CITYWIDE
NEIGHBORHOOD PARK RENOVATIONS: TO
SPECIFIC PARK PROJECTS.
20.
A) EMERGENCY ORDINANCE: AUTHORIZE BOND
ELECTION ON MARCH 8, 1988 - ISSUE $40
MILLION OF STREET AND HIGHWAY
IMPROVEMENT BONDS (SEE LABEL 22).
B) DIRECT ADMINISTRATION TO PLACE ON
SEPTEMBER 6, 1988 BALLOT THREE PROPOSED
CHARTER AMENDMENTS: (1) PROPOSED
EXPANSION OF OFF-STREET PARKING BOARD
MEMBERSHIP; (2) APPOINTMZHTS BY THE
CITY COMMISSION TO OFF-STREET PARKING
BOARD; AND (3) PROPOSED APPOINTMENT OF
CITY ATTORNEY AS LEGAL COUNSEL TO SAID
BOARD.
DISCUSSION 21
1/14/88
R 88-38 21-22
1/14/88
R 88-39
1/14/88
M 88-40
1/14/88
R 88-41
1/14/88
DISCUSSION
1/14/88
22-27
27-28
29-31
31-35
DISCUSSION 35-37
1/14/88
DISCUSSION 37-40
1/14/88
M 88-42
R 88-42.1
1/14/88
ORDINANCE
10364
1/14/88
ORDINANCE
10366
1/14/88
40-42
42-52
52-62
1701 CSK 4 January 14, 1988
21.
(CONTINUED DISCUSSION) CONFIRM
R 88-44
62-63
REAPPOINTMENT TO OFF-STREET PARKING
R 88-44.1
BOARD OF: A) DIANE SAULNEY SMITH, AND
1/14/88
B) ARTHUR HERTZ (SEE LABEL 17.)
C) DISCUSSION CONCERNING SUBSIDIZING
GARAGE ON 1ST STREET.
22.
EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE
ORDINANCE
63-65
OF $40 MILLION STREET AND HIGHWAY
10365
IMPROVEMENT BONDS (SEE LABEL 20).
1/14/88
23.
EMERGENCY ORDINANCE: AMEND CODE CHAPTER
ORDINANCE
65-67
54 ("ENCROACHMENTS"). PERMIT
10367
ENCROACHMENT NOT RESTRICTING USE OF
1/14/88
RIGHT-OF-WAY WHEN SUCH IS ESSENTIAL TO
AUTHORIZE PEDESTRIAN OVER PASS ABOVE
SAID RIGHT-OF-WAY.
24.
AUTHORIZE MIAMI INTER -DESIGN
R 88-45
67-68
PARTNERSHIP TO CONSTRUCT AND MAINTAIN
1/14/88
PEDESTRIAN OVERPASS (NORTHEAST 2ND
AVENUE).
25.
(CONTINUED DISCUSSION) EXECUTE
R 88-46
68-70
AMENDMENT TO AGREEMENT WITH FULLER &
1/14/88
SADAO, P.C. FOR PROFESSIONAL SERVICES
REGARDING BAYFRONT PARK REDEVELOPMENT
PROJECTS (SEE LABELS 5.11, 7 AND 10).
26.
REQUEST BY ASSOCIATION OF PRIVATE
R 88-47
70-71
BILINGUAL SCHOOLS FOR CLOSURE OF
1/14/88
STREETS IN CONNECTION WITH JOSE MARTI
PARADE.
27.
SECOND READING ORDINANCE: AMEND 1 OF
ORDINANCE
71-72
10145 - ALLOCATE BUDGET FUNDS FOR THE
10368
12TH YEAR CITYWIDE DEMOLITION OF
1/14/88
SUBSTANDARD BUILDINGS PROJECT.
28.
REQUEST URGENT ASSISTANCE FROM THE
M 88-48
72-74
FEDERAL GOVERNMENT REGARDING PRESENT
1/14/88
REFUGEE INFLUX IMPACTING THIS CITY'S
RESOURCES. (SEE LABEL 52.)
29.
SECOND READING ORDINANCE: AMEND CODE,
ORDINANCE
74-75
SECTION 54-104 ("STREETS AND
10369
SIDEWALKS"). MODIFY WIDTH OF NORTHEAST
1/14/88
32ND STREET BETWEEN BISCAYNE BOULEVARD
AND NORTHEAST 2ND AVENUE.
30.
SECOND READING ORDINANCE: AMEND CODE,
ORDINANCE
75-76
SECTIONS 2-392 THROUGH 2-399 ("CODE
10370
ENFORCEMENT BOARD"). UPDATE PROVISIONS
1/14/88
DUE TO RECENT CHANGES IN FLORIDA LAW.
31.
SECOND READING ORDINANCE: AMEND VARIOUS
ORDINANCE
76-77
SECTIONS OF CODE ("GARBAGE AND TRASH"):
10371
CLARIFY "COMMERCIAL ESTABLISHMENTS",
1/14/88
"CONDOMINIUMS", AND "RESIDENTIAL
UNITS"; PROVIDE MONTHLY BILLING OF BIN
RATES; ANNUAL RIGHT-OF-WAY CLEANING
FEE; FEE SCHEDULE FOR COMMERCIAL
GARBAGE SERVICES; LIMIT VOLUME OF BULK
WASTE; ETC.
32.
DISCUSS AND DEFER PGOPOSED FIRST
DISCUSSION
77-79
READING ORDINANCE TO AMEND CODE SECTION
1/14/88
38-48; ESTABLISH "BOAT RAMP FEES" FOR
USE OF PUBLIC BOAT RAMP FACILITIES.
CSK
5
January
14, 1988
33.
REFER PROPOSED FIRST READING ORDINANCE
M 88-49
80-82
REGARDING SUBSEQUENT RENEWAL OF
1114/88
EMPLOYMENT FOR POLICE OFFICERS WHO
RESIGN TO CIVIL SERVICE BOARD FOR
FURTHER CONSIDERATION.
34.
FIRST READING ORDINANCE: AMEND 1 OF
ORDINANCE
83
10269; INCREASE APPROPRIATIONS FOR
first reading
SPECIAL REVENUE FUND ("RECREATION
1/14/88
PROGRAMS FOR THE MENTALLY HANDICAPPED -
CONSOLIDATE"); AUTHORIZE ADMINISTRATION
TO ACCEPT ADDITIONAL GRANT AWARD. (SEE
LABEL 36.)
35.
ACCEPT PROPOSAL FROM MIAMI RIVER GROUP,
R 88-50
83-84
INC., FOR RESTAURANT OPERATIONS IN FORT
1/14/88
DALLAS PARK AND MAINTENANCE OF THE
PROPERTY, WITH CERTAIN PROVISOS. (SEE
LABEL 83.)
36.
(CONTINUED DISCUSSION) CLARIFICATION
DISCUSSION
84-85
COMMENTS REGARDING APPROPRIATION OF
1/14/88
FUNDS FOR THE SPECIAL REVENUE FUND
"RECREATION PROGRAMS FOR THE MENTALLY
RETARDED" (SEE LABEL 34).
37.
FIRST READING ORDINANCE: AMEND CODE,
ORDINANCE
85
SECTION 54.5-8 ("PLATS AND PLATTING-
first reading
PROCEDURE -FINAL PLAT"); PROVIDE TIME
1/14/88
LIMITATION FOR RECORDATION OF APPROVED
PLATS; ETC.
38.
FIRST READING ORDINANCE: AMEND CODE,
ORDINANCE
86
SECTION 31-48 (1); PROVIDE THAT ANY AND
first reading
ALL INSURANCE POLICIES WRITTEN WITHIN
1/14/88
THE CITY SHALL BE SUBJECT TO
OCCUPATIONAL LICENSE TAX.
39.
FIRST READING ORDINANCE: AMEND 1 OF
ORDINANCE
87-91
10289: INCREASE APPROPRIATION IN
first reading
SPECIAL REVENUE FUND ("NEIGHBORHOOD
1/14/88
JOBS PROGRAM - FY 188"); AUTHORIZE
ADMINISTRATION TO ACCEPT GRANT AWARD.
40.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
91-92
SPECIAL REVENUE FUND ("SUMMER YOUTH
first reading
EMPLOYMENT AND TRAINING PROGRAM -
1/14/88
1988/JTPA II-B"); AUTHORIZE
ADMINISTRATION TO ACCEPT GRANT AWARD.
41.
(CONTINUED DISCUSSION) ACCEPT PLAT
R 88-51
92
ENTITLED CLAUGHTON SUBDIVISION ON
1/14/88
CLAUGHTON ISLAND (SEE LABEL 16).
42. POTENTIAL PURCHASERS OF PROPERTY ON R 88-52 93
CLAUGHTON ISLAND BOUND BY PRESENTLY 1/14/88
EXISTING REGULATIONS AND RESTRICTIONS.
(SEE LABEL 16.)
43. FIRST READING ORDINANCE: AMEND 1 AND 6 ORDINANCE 94-96
OF 10321: ACQUIRE PROPERTY LOCATED AT first reading
300 SOUTHWEST NORTH RIVER DRIVE IN 1/14/88
CONNECTION WITH THE NORTHWEST RIVER
DRIVE PROJECT.
CSK 6 January 14, 1988
44. BRIEF DISCUSSION: GRANT INTERIM DISCUSSION
AUTHORITY TO BAYFRONT PARK MANAGEMENT 1/14/88
TRUST FOR NEGOTIATION OF CONTRACTS
REGARDING BAYFRONT PARK AMPHITHEATER;
APPOINTMENT OF MEMBERS. (THESE ITEMS
WERE TEMPORARILY TABLED AT THIS POINT -
SEE LABELS 69 AND 70).
45. DEFER CONSIDERATION OF PROPOSED M 88-53
MUNICIPAL ELECTION ON MARCH 8, 1988, 1/14/88
REGARDING PROPOSED LEASE AGREEMENT WITH
DINNER KEY BOATYARD LIMITED FOR
OPERATION OF A MARINA (SEE LABEL 65)
46. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT R 88-54
TO MIAMI BRIDGE, INC., FOR USE OF 1/14/88
PROPERTY LOCATED AT 1145 N.W. 11TH
STREET AS A CRISIS INTERVENTION CENTER
FOR RUNAWAY YOUTHS.
47. SET FORTH NAMES OF NEWSPAPERS TO BE R 88-55
USED FOR CITY ADVERTISING. (SELECTED 1/14/88
WERE: MIAMI NEWS, DIARIO DE LAS
AMERICAS, MIAMI TIMES, MIAMI REVIEW,
COMMUNITY NEWSPAPERS, PANORAMA
HISPANO/USA, PATRIA, PRENSA GRAFICA -
AND THE MIAMI HERALD ONLY UNDER SPECIAL
CIRCUMSTANCES.)
48. A) AMEND RESOLUTION 87-1027 - APPROVE R 88-56
CORAL WAY TOWING, INC., FOR ZONE 4 1/14/88
(TOGETHER WITH BLANCO TOWING, INC.,
A/K/A FREEWAY TOWING).
B) APPROVE MOLINA TOWING, INC., SOLELY
FOR ZONE 3 (REMOVING DOWNTOWN TOWING
CO., INC., FROM ZONE 3)
49. ACCEPT GRANT - DEVELOP 125 UNIT RENTAL R 88-57
HOUSING DEVELOPMENT - AUTHORIZE 1/14/88
EXECUTION OF CONTRACTS.
50. AUTHORIZE ADMINISTRATION TO EXECUTE R 88-58
COLLECTIVE BARGAINING AGREEMENT WITH 1/14/88
MIAMI GENERAL EMPLOYEES (AFSCME, LOCAL
1907 UNION CONTRACT) FOR THE PERIOD
OCTOBER 1, 1987 THROUGH SEPTEMBER 30,
1990.
51. DISCUSSION AND DEFERRAL OF PROPOSED DEFERRAL
TRANSFER OF CONFISCATED WEAPONS TO 1/14/88
OTHER LAW ENFORCEMENT AGENCIES.
52. URGE FEDERAL GOVERNMENT TO REFRAIN FROM R 88-59
REDUCING THE CITY'S FUNDING FOR 1/14/88
CONTINUATION OF INTERNATIONAL REFUGEE
ASSISTANCE PROGRAM. (SEE LABEL 28)
53. BRIEF DISCUSSION AND DEFERRAL OF M 88-60
PROPOSED ESTABLISHMENT OF A FUND TO 1/14/88
CREATE A POLICE MOBILE EDUCATIONAL
UNIT.
54. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT R 88-61
TO AMERICAN BARGE CLUB, INC. FOR USE OF 1/14/88
BUILDING SPACE AT ANTONIO MACEO PARK
REGARDING ROWING PROGRAMS FOR YOUTHS
AND THE HANDICAPPED.
96-97
97-99
99-101
101-104
104-111
112-114
114-115
115-116
116-118
119-120
CSK 7 January 14, 1988
55. APPOINT TWO INDIVIDUALS TO THE CITY OF R 88-62
MIAMI YOUTH ADVISORY COUNCIL 1/14/88
(APPOINTED WERE: ALBERT RODRIGUEZ AND
CAROLINA VILLAVERDE.)
56. A) APPOINT INDIVIDUALS TO CITYWIDE R 88-63
COMMUNITY DEVELOPMENT ADVISORY BOARD. M 88.63.1
(APPOINTED WERE: DARIO RESTREPO AND 1/14/88
MARIA C. DE LA ROSA. SEE RESOLUTION
88-63 FOR FULL LIST. PENDING STILL IS
NOMINATION TO BE MADE BY COMMISSIONER
DE YURRE.)
B) ALLOW RESIDENTS OF THE DOWNTOWN
COMMUNITY DEVELOPMENT AREA AND THE
MODEL CITY COMMUNITY DEVELOPMENT TARGET
AREA TO HOLD A NEW ELECTION TO SELECT A
REPRESENTATIVE TO THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
57. RATIFY CITY MANAGER'S FUNDING OF SOLE R 88-64
SOURCE - WAIVE COMPETITIVE SEALED BIDS 1/14/88
AND APPROVE UPGRADING OF POLICE
DEPARTMENT'S AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM.
58. AUTHORIZE PURCHASE OF TWO PARCELS R 68-65
LOCATED IN WYNWOOD COMMUNITY 1/14/88
DEVELOPMENT TARGET AREA TO DEVELOP
HOUSING AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES.
59. INCREASE AMOUNT IN CONTRACT WITH R 88-66
WILLIAMS PAVING CO. FOR CONSTRUCTION OF 1/14/88
DOWNTOWN HIGHWAY IMPROVEMENT - PHASE
I - H-4498 - ACCEPT COMPLETED WORK.
60. AUTHORIZE AGREEMENT WITH REGINALD A. R 88-67
BARKER, AICP, FOR PROFESSIONAL PLANNING 1/14/88
SERVICES REGARDING FINALIZATION OF
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1988-2000.
61. EMERGENCY ORDINANCE: ESTABLISH PROJECT ORDINANCE
ENTITLED "PIER 3 - MAJOR REPAIR". 10372
1/14/88
62. WAIVE SEALED BIDS REQUIREMENT - R 88-68
AUTHORIZE ADMINISTRATION TO ACCEPT 1/14/88
LOWEST RESPONSIBLE BID FOR PURCHASE OF
MOORING DOLPHINS IN CONNECTION WITH
"PIER 3 - MAJOR REPAIR".
63. WAIVE PROHIBITION OF APPEARANCE OF R 88-69
FORMER CITY OFFICER BEFORE CITY 1/14/88
COMMISSION WITHIN TWO YEARS AFTER
LEAVING EMPLOYMENT (ESTHER FAVOLE
CONSULTING, INC.)
64. AUTHORIZE ADMINISTRATION TO AMEND 13TH R 88-70
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 1/14/88
PROGRAM FINAL STATEMENT TO HUD
(INCREASE FEES ($5,400,000) FOR FREEDOM
TOWER RESTORATION LOAN.
120-121
121-123
124-125
125-126
126-127
127-128
129-130
130
131-132
132-146
CSK
w
i
8
January 14, 1988
65. A) RESCIND PREVIOUS DEFERRAL OF AGENDA M 88-71 146-150
64. B) ADOPT RESOLUTION CALLING AND R 88-71.1
PROVIDNG FOR THE HOLDING OF A SPECIAL 1/14/88
MUNICIPAL ELECTION - PROPOSED LEASE
AGREEMENT WITH DINNER KEY BOATYARD
LIMITED TO OPERATE A FULL SERVICE
MARINA, SUBJECT TO PROVISO (SEE LABEL
45).
66. DISCUSS MODEL CITY PILOT LOAN PROGRAM R 88-72 150-175
PROJECT - INCREASE CONTRACT WITH MIAMI 1114/88
CAPITAL DEVELOPMENT REVOLVING LOAN FUND
BY $300,000 - AUTHORIZE DIRECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT TO
EXECUTE ALL CONTRACTS RELATED TO SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM IN
MODEL CITY TARGET AREA.
67. DIRECT ADMINISTRATION TO MEET WITH M 88-73 175-181
REPRESENTATIVES OF ST. JOHN COMMUNITY 1/14/88
DEVELOPMENT CORPORATION AND COME BACK
WITH A RECOMMENDATION IN CONNECTION
WITH THEIR REQUEST FOR CONVEYANCE OF
CERTAIN LOTS IN OVERTOWN AREA TO
CONSTRUCT AFFORDABLE HOUSING.
68. DISCUSSION WITH GREATER MIAMI CHAMBER DISCUSSION 182-185
OF COMMERCE REGARDING CREATION OF A 1/14/88
TASK FORCE FOR SELECTION/APPROVAL OF A
MASTER DEVELOPMENT PLAN FOR WATSON
ISLAND.
69. A) DISCUSS GRANTING OF INTERIM R 88-74 185-193
AUTHORITY TO BAYFRONT PARK MANAGEMENT M 88-75
TRUST FOR NEGOTIATION OF CONTRACTS FOR 1/14/88
USE OF BAYFRONT PARK AND THE
AMPHITHEATER. B) APPOINTMENT
CHAIRPERSON OF BAYFRONT PARK MANAGEMENT
TRUST - APPOINT ADDITIONAL MEMBERS OF
THE TRUST (APPOINTED WERE: ALAN GREER,
AS CHAIRPERSON; LORI WELDON, AS VICE
CHAIRPERSON; AND ALAN WEISBERG, AS
TREASURER AND SECRETARY - SEE
RESOLUTION 88-74 FOR FURTHER
APPOINTMENTS.)
70. A) GRANT INTERIM AUTHORITY TO BAYFRONT M 88-76 193-196
PARK MANAGEMENT TRUST TO NEGOTIATE R 88-77
CONTRACTS FOR USE OF BAYFRONT PARK AND 1/14/88
THE AMPHITHEATER - AUTHORIZE EXECUTION
OF CONTRACTS. (B NEGOTIATE OPTION OF
ONE FREE DAY FOR USE OF BAYFRONT PARK
AMPHITHEATER FOR 1988 GRAND PRIX
FESTIVITIES.
71 BRIEF DISCUSSION: REQUEST FOR FUNDS IN DISCUSSION 196-199
CONNECTION WITH THE 1988 MISS 1/14/88
COLLEGIATE AFRICAN-AMERICAN PAGEANT.
72. GRANT AND APPROVE REQUEST FROM RAUL M 88-76 199
MASVIDAL TO SELL LIMITED PARTNERSHIP 1/14/88
INTEREST IN BAYSIDE CENTER LIMITED
PARTNERSHIP.
73. DISCUSSION ITEM: REQUEST FROM DISCUSSION 200-202
INTERNATIONAL HEALTH COUNCIL FOR 1/14/88
FINANCIAL ASSISTANCE IN SUPPORT OF SAID
COUNCIL.
CSK 9 January 14, 1988
74.
DIRECT ADMINISTRATION TO FIND SURPLUS
M 88-79
202-204
CITY SPACE TO BE USED BY "LIGA HISPANA
1/14/88
CONTRA EL SIDA".
75.
DECLARE MARTIN LUTHER KING, JR.'S
M 88-80
204-210
BIRTHDAY AS A PAID HOLIDAY TO BE
1/14/88
OBSERVED BY FIRE AND POLICE
DEPARTMENTS' UNIONS.
76.
APPROVE COST FOR CITY SERVICES IN
R 88-81
210-211
CONNECTION WITH THE CUBAN
1/14/88
MUNICIPALITIES FAIR TO BE HELD AT
FLAGLER DOG TRACK - SAID EVENT NOT TO
BE CONSIDERED AS ONE OF TWO ALLOWED
EVENTS PER SITE PER YEAR.
77.
AUTHORIZE CLOSURE OF STREETS IN
R 87-82
211
CONNECTION WITH COCONUT GROVE ARTS
1/14/88
FESTIVAL - CREATE TEMPORARY PEDESTRIAN
MALL - RESTRICT AREA TO RETAIL
PEDDLERS - AUTHORIZE SALE OF BEER AND
WINE.
78.
AUTHORIZE CLOSURE OF STREETS REGARDING
R 87-83
212-215
ORANGE BOWL RUNNING SERIES - GRANT USE
1/14/88
OF BAYFRONT PARK.
79.
DISCUSSION ITEM: REQUEST FROM HOPE
DISCUSSION
216-219
PRE-SCHOOL, INC., FOR FINANCIAL
1/14/88
ASSISTANCE TO PROVIDE LOW INCOME
FAMILIES WITH CHILD DAY CARE SERVICES.
80.
APPOINT LARRY HANDFIELD TO THE MIAMI
M 88-84
219-220
RIVER COORDINATING COMMITTEE.
1/14/88
81.
REFER TO ADMINISTRATION THE REQUEST
M 88-85
220-223
FROM WOODY CHARLES FOR A CODE AMENDMENT
1/14/88
WHICH WOULD ALLOW ISSUANCE OF SPECIAL
PERMITS FOR CLUB FUNCTIONS AND DOMESTIC
ANIMALS IN CITY PARKS.
82.
BEGIN STEPS TO OFFER PROPERTY AT 1145
M 88-86
223-224
N.W. 1ST STREET AS SURPLUS PROPERTY TO
1/14/88
THE GENERAL PUBLIC.
83.
INSTRUCT CLERK TO AMEND RESOLUTION 88-
M 88-87
224-225
50 CONCERNING FORT DALLAS RESTAURANT.
1/14/88
(SEE LABEL 35.)
84.
DISCUSSION AND DEFERRAL OF PROPOSED
DISCUSSION
225-227
ACQUISITION BY THE CITY OF PROPERTY
1/14/88
GENERALLY LOCATED BETWEEN N.W. 1ST
AVENUE AND N.W. 2ND AVENUE AT N.W. 34TH
TERRACE. (SEE LABEL 15)
85.
DISCUSSION AND DEFERRAL OF CLAUGHTON
CONTINUED TO
227-237
ISLAND PROPOSED HOUSING PROJECT NEAR
JANUARY 28,
VIZCAYA METRORAIL STATION.
1988
1/14/88
86.
AUTHORIZE AGREEMENT WITH HOLLAND AND
M 88-88
237-247
KNIGHT LOBBYING SERVICES IN
1/14/88
TALLAHASSEE.
87.
RESCHEDULE SECOND REGULAR COMMISSION
R 88-89
247-248
MEETING OF JANUARY.
1/14/88
Be.
APPROVE IN PRINCIPLE DEPARTMENT OF OFF-
M 88-90
248-249
STREET PARKING "FIVE YEAR STRATEGIC AND
1/14/88
FINANCIAL OPERATIONS PLAN".
CSK
10
January 14, 1988
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of January, 1987, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
COMMENDATION: Presented to Officer Jose Aleman for having been selected Most
Outstanding Officer of the month for November, 1987.
PLAQUE & PRESENTATION: Presented to Maria J. Chiaro for her dedicated service
to the City of Miami.
PRESENTED
NOTE FOR THE RECORD: MAYOR SUAREZ INTRODUCES THE HONORABLE
MERCEDES RODRIGUEZ CAPURRO, CONSUL GENERAL OF URUGUAY.
NOTE FOR THE RECORD: CITY MANAGER CESAR ODIO INTRODUCES ANGELA
BELLAMY AND SERGIO RODRIGUEZ, BOTH NEWLY APPOINTED ASSISTANT CITY
MANAGERS.
APPROVAL OF MINUTES. ON MOTION DULY MADE AND SECONDED, THE
MINUTES OF THE SPECIAL COMMISSION MEETING OF SEPTEMBER 28, 1987,
AND THE REGULAR AND PLANNING AND ZONING MEETING OF OCTOBER 22,
1987, AND THE REGULAR MEETING OF NOVEMBER 12, 1987, WERE
UNANIMOUSLY APPROVED.
1 January 14, 1988
2. STRONGLY URGE THE DIVISION OF PARI-MUTUAL WAGERING OF THE FLORIDA
DEPARTMENT OF BUSINESS REGULATIONS TO ASSIGN THE HIALEAH PARK RACE
COURSE THE MIDDLE RACING NIGHTS FOR ITS 1989 MEET.
Mayor Suarez: Fellow Commissioners, at the last Commission meeting, I gave
out a copy of a request by Mayor Raul Martinez of Hialeah for a resolution.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. It read as follows: "Section 1, The Division of
Pari-mutual Wagering of the Florida Department of Business Regulation is -
hereby strongly urged to assign the middle racing dates for the 1989 racing
season to the Hialeah Park Race Course," and that's the entire resolution. -
Mr. Plummer: As on the agenda, item number 84.
Mr. Plummer: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1
A RESOLUTION STRONGLY URGING THAT THE THE HIALEAH PARK
RACE COURSE BE ASSIGNED THE MIDDLE RACING DATES FOR
ITS 1989 RACING MEET BY THE DIVISION OF PARI-MUTUAL
WAGERING OF THE FLORIDA DEPARTMENT OF BUSINESS
REGULATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes, I guess the reason too, that they needed this right away
is that they are putting together their legislative package on this, so
Mercy, why don't you make sure that they know that we have passed this, and I
will sign it, if need be.
3. BRIEF DISCUSSION ITEM: COMMISSIONER DAWKINS REQUESTS FIRE CHIEF TO
EXPLAIN PRESENTLY INSTITUTED DRUG POLICY AT THE FIRE DEPARTMENT.
Mr. Dawkins: I have two pocket items I'd like to get rid of, first, Mr.
Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, would you have the fire chief explain to me our
drug policy in the Fire Department?
2 January 14, 1988
Mr. Odio: Yes, sir.
Chief Colonel Duke: Chief Duke, director of the Fire Department, City of
Miami. The drug policy that exists within the City of Miami is that all of
the City employees get an opportunity to have one shot at being rehabilitated.
The second time that they are found to be using an illegal substance, they are
dismissed.
Mr. Dawkins: OK, now, this is entirely different from the Police Drug
Department and AFSCME and everybody else, is that correct?
Chief Duke: I understand there are only two departments within the City that
has that program, yes, sir.
Mr. Dawkins: Have what program?
Chief Duke: That the opportunity for one rehabilitation.
Mr. Dawkins: I think that the Chief... didn't the Police Chief say that he
would not accept any?
Chief Duke: I think that only the Fire and Solid Waste have the same program,
sir, where there is the second shot.
Mr. Dawkins: OK, but the individual can get the second shot?
Chief Duke: In the Fire Department, yes, sir.
Mr. Dawkins: All right, thank you. That's all.
Mr. Plummer: Well, let me ask a question just briefly, and I am not trying to
find fault. Mr. Manager, the one thing that I think that this Commission has
been unanimous on, and every time we have ever spoken about contracts or other
things in this form here, is that this City shall have a uniform - uniform
drug policy throughout. Now, what I am hearing here is, that there seems to
be some difference in some departments doing it one way and some departments
doing it another.
Mr. Odio: This happens through labor negotiations. The drug testing was one
of the most difficult items to negotiate during labor negotiations and what we
were able to obtain from the Police Department and the Chief is very, very
strong in that position that he doesn't want any police officers to go through
rehab. He wants them out immediately, once they are caught with... and it is
a question of...
Mr. Plummer: Well, I don't think we are talking about rehab. I think we are
talking about testing.
Mr. Odio: Testing, we are in the process right now in negotiations to reword
some of the drug testing policies that we have in the contract, but that has
not been concluded at this time, since we are negotiating.
Mr. Plummer: OK, well, I just... you know, in the interest of fairness to all
employees, I think you have got to treat them equally and fair across the
board, and unless something happens to the contrary, every meeting of the
executive session that I have ever attended, that has always been a bottom
line, a uniform policy throughout.
Mr. Odio: Yes, sir.
Chief Duke: At this particular time, the Fire Department, as I understand it,
is bound to the union contract until you know, it is renegotiated, that the
employee does get the second shot.
Mr. Plummer: OK, if that's the case and that's the policy, then that's...
Mr. Dawkins: Yes, but I want the policy uniform. If that's the policy you
are going to have, then I want everybody who works for the City of Miami to
have that same shot. That's all I'm saying.
Mr. Plummer: OK.
3 January 14, 1988
�2 0
------------------------------------------------------------------------------
4. DIRECT CITY MANAGER TO TAKE APPROPRIATE MEASURES TO REVERSE PROPOSED
DADE COUNTY SCHOOL BOARD POLICY TO TRANSFER 37 CHILDREN OUT OF COCONUT
GROVE AREA.
------------------------------------------------------------------------------
Mr. Dawkins: The other one I have is, I know Commissioner Kennedy has been
harassed... not harassed, but has been bombarded, Commissioner De Yurre has
been bombarded, the Mayor's office, my office and Plummer's office about the
transfer of 37 three year old's from their neighborhood in Coconut Grove to
Bethune Elementary. These kids have to catch a bus, three year old's, at 7:00
o'clock in the morning, to ride all the way to Bethune-Cookman Elementary.
The neighbors don't want it, this Commission don't want it, and I am going to
read an article to you here, that lets you know we don't have to tolerate it.
"Don't transfer students, Hialeah says. Hialeah City Council
members, who suspects the Dade County School Board to transfer
some Hialeah School students to Central High School said Wednesday
they won't stand for it. Our main concern is..."
And this is the same concern of those us in Coconut Grove...
"We don't want the high school boundaries changed, and we want
Hialeah kids educated in Hialeah."
We want Coconut Grove day care children cared for in Coconut Grove. So, Mr.
Manager, I want you to find out what has to be done and Monday morning, I for
one am going to make a motion, that Monday morning, whatever has to be done is
done and that these kids are allowed back there to that human resource center
and they stay in their neighborhood until the School Board and the rest of us
can work this out.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Dawkins: I think Commissioner Kennedy and Commissioner De Yurre have
called a meeting tomorrow morning at 10:00 o'clock, if you want to elaborate
on that, Commissioner Kennedy?
Mrs. Kennedy: No, because I am not sure if it's still on...
Mr. Dawkins: OK, is it still on?
Mr. De Yurre: I'm not sure.
Mr. Dawkins: Well, anyway, we are on the case. So we will have no problem
Thank you, that was the only two I had.
Mayor Suarez: You know, the thing about the school system, where it has to do
with school kids in the Dade County School system, they have these formulas
that say so many children per classroom, and they are bound by those formulas,
or they feel they are, and they are very artificial. Instead of looking at
neighborhoods and where people want their kids to be, which is basically close
to home, I have a real problem with that approach to education, so if no
further discussion, call the roll on that motion.
4 January 14, 1988
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-2
A MOTION INSTRUCTING THE CITY MANAGER TO ASCERTAIN THE
APPROPRIATE MEASURES TO BE TAKEN IN ORDER TO REVERSE
THE PROPOSED POLICY OFFERED BY THE DADE COUNTY SCHOOL
BOARD TO TRANSFER 37 THREE-YEAR OLD CHILDREN FROM THE
COCONUT GROVE AREA TO BETHUNE ELEMENTARY SCHOOL;
FURTHER URGING THAT SAID CHILDREN BE REFERRED TO THEIR
RESPECTIVE HUMAN RESOURCE CENTER IN THE COCONUT GROVE
AREA FOR AN INDEFINITE PERIOD OF TIME UNTIL THE CITY
AND THE SCHOOL BOARD CAN MEET AND ATTEMPT TO RESOLVE
THIS ISSUE.
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.
S. CONSENT AGENDA.
Mayor Suarez: Items 1 through 42 comprise the consent agenda. Will the
Commissioners want to pull out some items? Otherwise, we will entertain a
motion on all 42 items.
Mrs. Kennedy: I have two items, 18 and 21.
Mayor Suarez: Yes, Madam Vice Mayor.
Mrs. Kennedy: Items 18 and 21.
Mayor Suarez: Mr. Manager.
Mr. Odio: I'd like to withdraw number 7.
Mayor Suarez: Item 7 is withdrawn. 18 and 21 are pulled out at the request
of Vice Mayor Kennedy.
Mr. Dawkins: Pull 17, 27, 32, 33, and 35.
Mayor Suarez: 32?
Mr. Plummer: Wait a minute. Slow down.
Mr. Dawkins: I mean I get tired of sticking all these things in the consent
agenda... 17, 27, 32, 33, and 35.
Mayor Suarez: 17, 27, 32...
Mayor Suarez: 32, 33 and 35.
Mr. De Yurre: I've got 13 and 15.
Mayor Suarez: 13 and 15, Commissioner De Yurre. Anyone else? OK, items 1
through 41, with the exceptions of items 7, 13, 15, 17, 18, 21, 27, 32, 33,
and 35 comprise the consent agenda. We are about to take a motion on all of
these items. Does anyone from the general public that wishes to be heard for
or against any of these, please step forward. Let the record reflect that no
5 January 14, 1988
0
one has, and I'll therefore entertain a notion on the consent agenda, with the
exception of the items pulled out.
Mr. Plummer: So moved.
Mayor Suarez: So moved.
Mrs. Kennedy: I second.
Mayor Suarez: Seconded. Any discussion? Call the roll on the consent agenda.
THEREUPON, THE CITY COMMISSION, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER KENNEDY, ADOPTED
THE HEREINBELOW RESOLUTIONS 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: With the understanding too, that item 7 had been withdrawn.
5.1 ACCEPT BID: BERGER SECURITY - SECURITY SERVICES FOR GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE DEPARTMENT.
RESOLUTION NO. 88-3
A RESOLUTION ACCEPTING THE BID OF BERGER SECURITY
FOR FURNISHING SECURITY SERVICES TO THE GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENTS
AREAS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
TERMS AT A TOTAL PROPOSED COST OF $34,500.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 GENERAL
SERVICES ADMINISTRATION DEPARTMENT FLEET MANAGEMENT
DIVISION ACCOUNT NO. 420201-340 (50%) AND 1987-88
DEPARTMENT OF SOLID WASTE OPERATING BUDGET ACCOUNT
NO. 320102-340 (50%) AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 ACCEPT BID: BOYS ELECTRIC, INC. - FURNISHING OF 300 25 KVA TRANSFORMERS
TO DEPARTMENT OF PUBLIC WORKS.
RESOLUTION NO. 88-4
A RESOLUTION ACCEPTING THE BID OF BOYS ELECTRIC,
INC. FOR FURNISHING 300 25 KVA TRANSFORMERS TO THE
DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST
OF $155,100.00; ALLOCATING FUNDS THEREFOR FROM THE
DINNER KEY MARINA RENOVATION/EXPANSION PROJECT NO.
414005 ACCOUNT CODE #499302-830; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.3 ACCEPT BID: MARINA POWER COMPANY - FURNISHING OF 643 UTILITY PEDESTALS
TO DEPARTMENT OF PUBLIC WORKS.
6 January 14, 1988
RESOLUTION NO. 88-5
A RESOLUTION ACCEPTING THE BID OF MARINA POWER
COMPLNY FOR FURNISHING 643 UTILITY PEDESTALS TO THE
DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST
OF $312,156.90; ALLOCATING FUNDS THEREFOR FROM THE
DINNER KEY MARINA RENOVATION/EXPANSION PROJECT NO.
414005 ACCOUNT CODE 0499302-830; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.4 ACCEPT BID: LAKEVIEW KENNEL - FURNISHING 10 GERMAN DOGS FOR THE CANINE
PROGRAM OF THE POLICE DEPARTMENT.
RESOLUTION NO. 88-6
A RESOLUTION ACCEPTING THE BID OF LAKEVIEW KENNEL
FOR FURNISHING TEN (10) GERMAN DOGS TO BE USED IN
THE CANINE PROGRAM FOR THE DEPARTMENT OF POLICE AT A
TOTAL PROPOSED COST OF $24,800.00, ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT'S LAW
ENFORCEMENT TRUST FUND PROJECT NO. 690001 INDEX CODE
# 290911-875; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THESE GERMAN DOGS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.5 ACCEPT BID: BROWARD ELEVATOR SALES AND SERVICE - FURNISHING OF LABOR AND
MATERIALS TO REPAIR THREE ELEVATORS AT POLICE DEPARTMENT BUILDING.
RESOLUTION NO. 88-7
A RESOLUTION ACCEPTING THE BID OF BROWARD ELEVATOR
SALES & SERVICE FOR FURNISHING LABOR AND MATERIALS
NECESSARY TO REPAIR THREE (3) ELEVATORS LOCATED AT
THE CITY OF MIAMI POLICE DEPARTMENT BUILDING TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A
TOTAL PROPOSED COST OF $14,454.00; ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 GENERAL SERVICES
ADMINISTRATION DEPARTMENT PROPERTY MAINTENANCE
DIVISION OPERATING BUDGET ACCOUNT CODE NO. 420401-
670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.6 ACCEPT BID: P.N.M. CORPORATION - CITYWIDE SANITARY SEWER IMPROVEMENT -
NW 5TH AVENUE - PROJECT NO. 351274.
7 January 14, 1988
RESOLUTION NO. 88-8
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION
THE PROPOSED AMOUNT OF $50,667.50, TOTAL BASE BID OF
THE PROPOSAL, FOR CITYWIDE SANITARY SEWER
IMPROVEMENT - N.W. 5TH AVENUE; WITH MONIES THEREFOR
ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 351274 IN THE
AMOUNT OF $50,687.50 TO COVER THE CONTRACT COST;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM; DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY P.N.M. CORPORATION OF CITYWIDE
SANITARY SEWER IMPROVEMENT - N.W. 5 AVENUE UPON
SATISFACTORY COMPLETION OF SAID CONSTRUCTION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.7 RESCIND BID AWARD: FLORIDA COOL SERVICE. ACCEPT SECOND LOWEST BID:
TEMPTROL AIR CONDITIONING, INC. - AIR CONDITIONING MAINTENANCE SERVICES
AT COMPUTER DEPARTMENT BUILDING.
RESOLUTION NO. 88-9
A RESOLUTION RESCINDING THE AWARD TO FLORIDA COOL
SERVICE FOR THE FURNISHING OF AIR CONDITIONING
MAINTENANCE SERVICES AT THE COMPUTER DEPARTMENT
BUILDING ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION DUE TO THE FACT THAT THEY
DID NOT PROVIDE PROOF OF INSURANCE REQUIRED BY
ACCEPTING THE 1iID FROM TEMPTROL AIR CONDITIONING,
INC. THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER AT A TOTAL PROPOSED COST OF $9,600.00, USING
FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION
NO. 87-869 ADOPTED OCTOBER 22, 1987 FROM THE 1987-88
OPERATING BUDGET ACCOUNT CODE NO. 420401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.8 ACCEPT EXTENSION OF BID 86-87-010: TEMPTROL AIR CONDITIONING INC. - AIR
CONDITIONING MAINTENANCE AT POLICE DEPARTMENT BUILDING.
RESOLUTION NO. 88-10
A RESOLUTION ACCEPTING THE EXTENSION OF BID NO. 86-
87-010 APPROVED ORIGINALLY ON RESOLUTION NO. 86-993
FOR FURNISHING AIR CONDITIONING MAINTENANCE AT THE
CITY OF MIAMI POLICE DEPARTMENT BUILDING FROM
TEMPTROL AIR CONDITIONING, INC. IN THE PROPOSED
AMOUNT OF $28,061.52 TO THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FOR A PERIOD OF AN
ADDITIONAL ONE (1) YEAR TERM AT A TOTAL PROPOSED
COST OF $28,061.52; ALLOCATING FUNDS THEREFOR FROM
THE 1987-88 GENERAL SERVICES ADMINISTRATION
OPERATING BUDGET PROPERTY MAINTENANCE DIVISION
ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 January 14, 1988
0
0
5.9 ACCEPT EXTENSION OF BID 84-85-119: J & L FEED SUPPLY AND HECTOR SUPPLY
CO. - FURNISHING ANIMAL FEED AND SUPPLEMENTS TO DEPARTMENT OF POLICE -
MOUNTED PATROL HORSES AND CANINE UNIT.
NOTE: THIS ITEM PASSED AS RESOLUTION 88-11, WAS LATER
RECONSIDERED BY MOTION 88-35 AND LATER RE -PASSED BY RESOLUTION 88-
36. (SEE LABELS 7 & 8)
5.10 ACCEPT EXTENSION OF BID 84-87-112: (A) DR. RICHARD S. TEMPLETON -
VETERINARY SERVICES TO POLICE MOUNTED PATROL. (B) KNOWLES ANIMAL
HOSPITAL - VETERINARY SERVICES FOR POLICE DOGS USED BY THE K-9 UNIT.
RESOLUTION NO. 88-12
A RESOLUTION ACCEPTING THE EXTENSION OF BID NO. 84-
85-112 APPROVED ORIGINALLY ON SERVICES PROVIDED BY
DR. RICHARD S. TEMPLETON TO HORSES USED BY THE
POLICE MOUNTED PATROL IN THE PROPOSED AMOUNT OF
$4,225.00 AND FROM KNOWLES ANIMAL HOSPITAL FOR
POLICE DOGS USED BY THE K-9 UNIT IN THE PROPOSED
AMOUNT OF $7,475.00 FOR THE DEPARTMENT OF POLICE FOR
A PERIOD OF SIX MONTHS AT A TOTAL PROPOSED COST OF
$11,700.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 OPERATING BUDGET INDEX CODE NO. 290201-260;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 EXECUTE AMENDMENT TO AGREEMENT: FULLER & SADAO, P.C. TO INCREASE FEES BY
$153,000 FOR ADDITIONAL DESIGN FEES.
NOTE: THIS ITEM WAS PASSED AS RESOLUTION 88-13, AND WAS
RECONSIDERED BY MOTION 85-35 AND LATER RE -PASSED AS RESOLUTION 88-
46. (SEE LABELS 7 & 25)
5.12 EXTEND EXISTING PROFESSIONAL SERVICE AGREEMENTS WITH WILLIAM S.
TEASDALE, P.E. AND ELLIS-SNYDER-ASSOCIATES, INC. FOR ADDITIONAL WORK IN
CONSTRUCTION PHASE OF DINNER KEY MARINA RENOVATION AND EXTENSION
PROJECT.
RESOLUTION NO. 88-14
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE EXISTING PROFESSIONAL SERVICES AGREEMENTS WITH
THE FIRMS OF WILLIAM S. TEASDALE, P.E. AND ELLIS-
SNYDER-ASSOCIATES, INC. FOR ADDITIONAL WORK WITHIN
THE ORIGINAL SCOPE OF SERVICES IN CONNECTION WITH
THE CONSTRUCTION PHASE OF THE DINNER KEY MARINA
RENOVATION AND EXPANSION PROJECT; ALLOCATING FUNDS
FOR SAID ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED
$160,000 TO BE EXPENDED AS PROVIDED FOR WITHIN SAID
AGREEMENTS FOR EXTRA SERVICES; WITH MONIES THEREFOR
ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE
NO. 10347, PROJECT NO. 414005.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13. EXECUTE FOUR AGREEMENTS WITH: (A) MILLER BREWING COMPANY, INC., (B)
ANHEUSER-BUSCH, INC., (C) KENWOOD SPRINGS WATER, INC., AND (D) SEA
ESCAPE LIMITED, INC. - PLACEMENT OF ADVERTISING IN ORANGE BOWL STADIUM.
9 January 14, 1988
RESOLUTION NO. 88-15
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
FOUR SEPARATE AGREEMENTS IN SUBSTANTIALLY THE FORM
ATTACHED, BETWEEN THE CITY OF MIAMI AND MILLER
BREWING COMPANY, INC., ANHEUSER-BUSCH, INC.,
KENTWOOD SPRINGS WATER, INC., AND SEA ESCAPE
LIMITED., INC., RESPECTIVELY, FOR PLACING
ADVERTISEMENTS IN THE ORANGE BOWL STADIUM; FURTHER
AUTHORIZING THE CITY MANAGER TO MAKE PAYMENTS OF
FIFTEEN PERCENT (15%) COMMISSION TO ADVERTISING
AGENCIES AS REQUIRED IN SAID AGREEMENTS WITH
KENTWOOD SPRING WATER, INC., AND SEA ESCAPE LIMITED,
INC.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.14 REPLACE LOST CITY OF MIAMI GENERAL OBLIGATION BOND ($175,000).
RESOLUTION NO. 88-16
A RESOLUTION AUTHORIZING THE REPLACEMENT OF A
CERTAIN CITY OF MIAMI, FLORIDA, GENERAL OBLIGATION
BOND, DUE APRIL 1, 2003, IN THE PRINCIPAL AMOUNT OF
ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS
($175,000.00) TO REPLACE A LOST BOND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.15 AUTHORIZE ACQUISITION OF PROPERTY FOR EXPANSION OF FIRE STATION NO. 10.
RESOLUTION NO. 88-17
A RESOLUTION A RESOLUTION AUTHORIZING OFFERS TO BE
MADE FOR THE NEGOTIATED PURCHASE OF REAL ESTATE FOR
THE EXPANSION OF FIRE STATION NO. 10, COMPRISED OF
TWO LOTS, (SAID PROPERTY LEGALLY DESCRIBED AS LOTS 7
AND 8, BLOCK 3, WHITEHEAD AND BLAIR SUBDIVISION, AS
RECORDED IN PLAT BOOK 44 AT PAGE 78 OF THE PUBLIC
RECORDS OF DADE COUNTY (A.K.A. 750 AND 760 NW 41
AVENUE); FUNDS THEREFOR ARE PROVIDED FROM CAPITAL
IMPROVEMENT ORDINANCE NO. 10347, PROJECT NO. 313220-
289101-810, "EXPANSION AND MODIFICATION OF FIRE
STATION NO. 10".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.16 DESIGNATE A SECTION OF STATE ROAD 9 (N.W. 27TH AVENUE) AS A LIMITED
ACCESS FACILITY.
RESOLUTION NO. 88-18
A RESOLUTION APPROVING DESIGNATION OF STATE ROAD 9,
SECTION 87240-2522, LOCATED WITHIN THE INCORPORATED
LIMITS OF THE CITY OF MIAMI, FLORIDA, AS A LIMITED
ACCESS FACILITY; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.17 SUPPORT METROPOLITAN DADE COUNTY MIAMI RIVER CANAL SANITARY SEWER
SPECIAL TAXING DISTRICT - REQUEST FROM THE COUNTRY, ESTIMATE COST TO
INCLUDE AN UNSEWERED AREA WITHIN THE CITY.
10 January 14, 1988
RESOLUTION NO. 88-19
A RESOLUTION SUPPORTING THE METROPOLITAN DADE COUNTY
MIAMI RIVER CANAL SANITARY SEWER SPECIAL TAXING
DISTRICT; REQUESTING DADE COUNTY TO PROVIDE THE CITY
WITH AN ESTIMATE OF COST TO INCLUDE AN UNSEWERED
AREA WITHIN THE CITY OF MIAMI IN SAID DISTRICT; AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND METROPOLITAN DADE COUNTY, TO INCLUDE SAID
UNSEWERED AREA WITHIN THE MIAMI RIVER CANAL SANITARY
SEWER SPECIAL TAXING DISTRICT.
' (Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.18 RESCIND RESOLUTION 85-770 WHICH ORDERED COCONUT GROVE HIGHWAY
IMPROVEMENT - PHASE I - H-4511 - DESIGNATE PROPERTY FOR SPECIAL
ASSESSMENTS.
RESOLUTION NO. 88-20
A RESOLUTION RESCINDING RESOLUTION NO. 85-770 PASSED
ON JULY 18, 1985, ENTITLED "A RESOLUTION ORDERING
COCONUT GROVE HIGHWAY IMPROVEMENT - PHASE L, H-4511
AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST
THEREOF AS COCONUT GROVE HIGHWAY IMPROVEMENT
DISTRICT - PHASE 1, H-4511."
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.19 RESCIND RESOLUTION 85-1251 WHICH ACCEPTED TENTATIVE PLAT "DEGARMO
ESTATES" - AUTHORIZE MANAGER TO PAY $19,500 FOR BOND ON IMPROVEMENTS TO
PROPERTY OWNERS.
RESOLUTION NO. 88-21
A RESOLUTION RESCINDING RESOLUTION NO. 85-1252 WHICH
ACCEPTED TENTATIVE PLAT NO. 1256 ENTITLED "DEGARMO
ESTATES." A SUBDIVISION IN THE CITY OF MIAMI; AND
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PAY THE AMOUNT OF $19,500, REPRESENTING THE
AMOUNT OF THE BOND FOR IMPROVEMENTS, TO THE PROPERTY
OWNERS; SUBJECT TO THE EXECUTION OF A RECORDABLE
RELEASE AND HOLD HARMLESS AND INDEMNIFICATION
AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.20 RESCIND RESOLUTION 84-324 WHICH ACCEPTED TENTATIVE PLAT "LEVI'S ACRE" -
AUTHORIZE MANAGER TO PAY $2,900 TO THE PROPERTY OWNERS FOR FORFEITED
BOND FOR IMPROVEMENTS.
11 January 14, 1988
RESOLUTION NO. 88-22
A RESOLUTION RESCINDING RESOLUTION NO. 84-324 WHICH
ACCEPTED TENTATIVE PLAT NO. 1198 ENTITLED "LEVI'S
ACRE," A SUBDIVISION IN THE CITY OF MIAMI, AND
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PAY THE AMOUNT OF $2,900.00, REPRESENTING THE
AMOUNT OF THE FORFEITED BOND FOR IMPROVEMENTS, TO
THE PROPERTY OWNERS, SPIKE AND ELIZABETH VON ZAMFT
SUBJECT TO THE EXECUTION OF A RECORDABLE RELEASE AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.21ACCEPT PLAT: HUME TRACT.
RESOLUTION NO. 88-23
A RESOLUTION ACCEPTING THE PLAT ENTITLED HUME TRACT,
A SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.22 ACCEPT PLAT: BAYSHORE VILLAS.
RESOLUTION NO. 88-24
A RESOLUTION ACCEPTING THE PLAT ENTITLED BAYSHORE
VILLAS, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.23 ACCEPT PLAT: LYNN SUBDIVISION.
RESOLUTION NO. 88-25
A RESOLUTION ACCEPTING THE PLAT ENTITLED LYNN
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI;
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 January 14, 1988
•
5.24 RECOGNIZE TAX EXEMPT STATUS CLAIMED BY CHILDREN'S HOME SOCIETY OF
FLORIDA.
RESOLUTION NO. 86-26
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS
CLAIMED BY CHILDREN'S HOME SOCIETY OF FLORIDA IN
SUPPORT OF ITS REQUEST FOR RETURN OF MONIES PAID BY
IT BECAUSE OF ITS FAILURE TO TIMELY FILE APPLICATION
FOR TAX-EXEMPT STATUS OF PROPERTY LOCATED WITHIN THE
CITY OF MIAMI; AUTHORIZING AND INSTRUCTING THE
FINANCE DIRECTOR TO PAY SAID CHILDREN'S HOME SOCIETY
OF FLORIDA THE AMOUNT OF $5,996.56 SAID SUM BEING
CONFIRMED AS THE AMOUNT RECEIVED OR TO BE RECEIVED
BY THE CITY AS A RESULT OF THE SOCIETY'S
NONCOMPLIANCE WITH THE FILING DEADLINE; FURTHER
ALLOCATING SAID SUM FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.25 APPROVE ADMISSION OF NEW MEMBER TO SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION. (NOTE: APPOINTED WAS: POLK COUNTY.)
RESOLUTION NO. 88-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, APPROVING THE ADMISSION OF A NEW
MEMBER TO THE SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION; PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.26 APPPOINT TWO EMPLOYEE MEMBERS TO THE CIVIL SERVICE BOARD. (NOTE
APPOINTED WERE: STEVEN SMIGELSKI AND HOMER WHITTAKER.)
RESOLUTION NO. 88-28
A RESOLUTION APPOINTING TWO EMPLOYEE MEMBERS TO
SERVE ON THE CIVIL SERVICE BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.27 ALLOCATE $4,500 IN SUPPORT OF MARTIN LUTHER KING JR. PARADE (TO BE HELD
JANUARY 18, 1988).
RESOLUTION NO. 88-29
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$4,500 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE MARTIN LUTHER
KING JR. PARADE TO BE HELD JANUARY 18, 1988; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY
APM-1-84, STARTED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.28 AUTHORIZE ADMINISTRATION TO DECLARE 12 SURPLUS CITY VEHICLES AS CATEGORY
"A" SURPLUS STOCK. DONATE SAME TO SUB -COUNCIL FOR CRIME PREVENTION IN
LITTLE HAVANA.
13 January 14, 1988
RESOLUTION NO. 88-30
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO DECLARE TWELVE (12) SURPLUS CITY
VEHICLES AS CATEGORY "A" SURPLUS STOCK, AND DONATING
THE SAME TO THE SUB -COUNCIL FOR CRIME PREVENTION IN
LITTLE HAVANA, AN ORGANIZATION AFFILIATED WITH THE
NATIONAL ASSOCIATION FOR CRIME PREVENTION, SAID
VEHICLES TO BE USED BY THE SUB -COUNCIL FOR CRIME
PREVENTION IN LITTLE HAVANA TO ASSIST THE CITY OF
MIAMI POLICE DEPARTMENT IN ITS EFFORTS TOWARD
DETERRING CRIME.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.29. AUTHORIZE ADMINISTRATION TO DECLARE FOUR SURPLUS CITY VEHICLES AS
CATEGORY "A" SURPLUS STOCK. DONATE SAME TO MODEL CITIES CRIME
PREVENTION SUB -COUNCIL.
RESOLUTION NO. 88-31
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO DECLARE FOUR (4) SURPLUS CITY VEHICLES
AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME
TO THE MODEL CITIES CRIME PREVENTION SUB -COUNCIL, AN
ORGANIZATION AFFILIATED WITH THE MODEL CITY
CONCERNED CITIZENS CRIME PREVENTION, INCORPORATED;
SAID VEHICLES TO BE USED BY THE MODEL CITIES CRIME
PREVENTION SUB -COUNCIL TO ASSIST THE CITY OF MIAMI
POLICE DEPARTMENT IN ITS EFFORTS TOWARD DETERRING
CRIME.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.30 AUTHORIZE CLOSURE OF DESIGNATED STREETS CONCERNING 29TH ANNUAL ARTISTS'
DAYS (TO BE HELD FEBRUARY 20-21, 1988 AT VIZCAYA MUSEUM).
RESOLUTION NO. 88-32
A RESOLUTION CONCERNING THE 29TH ANNUAL ARTIST'S
DAYS TO BE HELD BY VIZCAYA MUSEUM AND GARDENS ON
FEBRUARY 20-21, 1988, PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY AND UPON THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND
FEES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.31 RATIFY CITY MANAGER'S ACTION IN WAIVING CITY'S RIGHT TO CERTAIN REVENU'%S
OWNED TO THE CITY BY THE 1988 ORANGE BOWL CLASSIC FROM SALE OF BEER AND
ALCOHOL.
14 January 14, 1988
RESOLUTION NO. 88-33
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN WAIVING THE CITY'S
RIGHT TO CERTAIN REVENUES THAT WOULD HAVE BEEN DUE
TO THE CITY FROM THE SALE OF BEER AND ALCOHOL IN THE
ORANGE BOWL STADIUM DURING THE 1988 ORANGE BOWL
CLASSIC.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. STIPULATE THAT ALL PROSPECTIVE CITY APPLICANTS BE RESPONSIBLE FOR COST
OF DRUG TESTING IF THEY TEST POSITIVE. (See label #9)
Mayor Suarez: Item 13, therefore, Commissioner De Yurre.
Mr. De Yurre: Yes, Mr. Odio, would you please explain this item. If you can
explain this deal, we have been talking about this for a few days now, as far
as the physical examinations...
Mr. Odio: Yes, sir, we have been working for almost a year reviewing most of
the departments and with Angela Bellamy's concluded her study in the Personnel
Department, that the medical services there were not cost effective, it was
costing us about $260,000 a year, and we could do the same thing for half the
price or even less than that, by going to a medical practice. We therefore
disbanded the medical center unit that we had in the Personnel Department and
gone out for services outside. We need to go out on an RFP in order for some
company or clinic to take over the services of the City, and to fill the gap,
we just went, as allowed by law, just went on the Metro Dade County contract
that exists now, to fill the gap until we can have an RFP in front of you in
February, and have a company in place within 60 days after that to take over
the medical services for the City.
Mr. De Yurre: The question that I have really, is I look at the numbers and
we are talking about $40 per examination, based on the package.
Ms. Angela Bellamy: That's correct.
Mr. De Yurre: Now, that amounts to about, if you divided between the seven
months, it comes out to over 200 examinations a month.
Ms. Bellamy: And we probably won't have that. This is an amount not to
exceed $62,000, but if we have police officers that we bring on board, we
will, we normally have to bring in more people, since the physical examination
is the first, the second step in that process.
Mr. De Yurre: We pay, the City pays for all physical examinations for anyone
that is applying for a job, that's correct?
Ms. Bellamy: That's correct.
Mr. De Yurre: And some of them fail because they have physical problems, some
of them fail because they have a drug problem, is that correct?
Ms. Bellamy: Yes.
Mr. De Yurre: I would like to discuss, and maybe get some more input from
some of the other members here, the possibility of the person that comes to
apply for a job that they put up the 640 for the physical examination - if
they pass the physical examination, then the City can pick up the tab for
them, because there are a lot of individuals that may know that they have a
problem. Still, they go ahead and they try to get by, especially with drug
related situations, so, you know, we get stuck with the payment. They can't
pass the exam, we have to fork out the $40, and they get, you know, they just
walk away. So you know, I'd like to, I don't know if we can leave that to
discussion, or if not, if it is within the realm of this Commission right now,
I'd like to move on that and to provide that, or at least if there be a study
on behalf of the Manager's office to see if we can start doing that.
15 January 14, 1988
■
Mr. Dawkins: Well, I sympathize with you tremendously, but I could not vote
for that, because a guy who needs a job ain't got no $40 to pay for no
examination. So I, you know, therefore I think that we be, in my opinion, we
would be penalizing the people who need the job the most, by requiring that in
order to apply for the job, he needs $40. That's just my personal opinion.
Mr. Plummer: Well, I guess the only area that I am concerned about is, is if
a man fills out a form and says that he is drug free, and then subjects the
City to spending the money to have the test and find out that he was not
truthful. Then I think that there ought to be an area where he should be
forced to reimburse the City, because he has that opportunity to be honest on
an application, and if he lies... if he is truthful on the application, I am
assuming he goes no further. Is there such a question on your applications?
Mr. Odio: No...
Ms. Bellamy: Yes, there is.
Mr. Odio: In two conversations with Commissioner De Yurre when we asked me,
what we did discover, we picked the physical first, and then the drug testing.
What we are going to do, is reverse the process, giving the drug testing
first. If they fail that, then we save the physical.
Mr. Dawkins: They still got to pay for the physical.
Mr. Plummer: Well, my question, Mr. Manager is, is there a question on the
application for employment, that says that you are drug free, or you are not?
Ms. Bellamy: No, there is no question.
Mr. Plummer: Well, don't you think there should be? I am asking the
question.
Mayor Suarez: I bet you I know what they are all going to say!
Mr. Plummer: What?
Mayor Suarez: I bet you I know what they all are going to say.
Mr. Plummer: They are all going to say, "no." Yes, but look, what I am
saying...
Mayor Suarez: Why don't we go ahead and get it on the record from them that
they don't feel they are drug free, so that if later it turns out that is not
the way it is, maybe we can charge them for the $40.
Mr. Dawkins: Madam City Attorney...
Mr. Plummer: I am saying, if the people outright lie on an application,
that's fraud, and if they then lie, and we put them through a test that costs
us $40, there should be some way of reimbursement.
Mr. Dawkins: Madam City Attorney...
Mayor Suarez: Well, it costs us more than $40 to try and collect it, but...
Commissioner Dawkins.
Mr. Dawkins: Madam City Attorney.
Ms. Bellamy: Commissioner, the only concern I have is because it is a medical
question and because that is exempt from public records law. Perhaps the City
Attorney... we would have to question whether it should be on the
application, or whether it should be asked at just before the physical
examination.
Mayor Suarez: We know what they are all going to say. They are all going to
say, "No, they are not."
Mr. Dawkins: Madam City Attorney...
Mayor Suarez: Commissioner Dawkins.
16
January 14, 1988
Mr. Dawkins: We have got this coming up later, but I am attuned with
Commissioner De Yurre, and that is, we are going to have a drug free
employment force, now that we all are in accord with. How do we, Madam City
Attorney, structure a pre -employment application that asked if you are drug
free, and have it notarized, where if you lied, you owe the City $40, is that
legal?
Mrs. Dougherty: I would assume the best way to do that is to collect the $40
from everyone and reimburse it to those who pass the drug test.
Mr. De Yurre: Yes, that's what I want.
Mayor Suarez: That is an interesting way to do it.
Mr. Plummer: Sure, there is no collection problems there.
Mr. De Yurre: OK, I'd like to move then, that that be done then, that people
have to put up the $40. If they pass the exam, if they are drug free, they
get their $40 back.
Mayor Suarez: So moved.
Mr. Plummer: Well, I'll second the motion if the maker would agree that they
put up whatever it costs the City. If it is more than $40, they've got to put
that up. If it is less than $40, they put that up.
Mr. De Yurre: That's right, whatever the amount is.
Mr. Plummer: Whatever the City's expense is.
Mr. Odio: It is $56.
Mr. Plummer: Fine. It is $56, and that's the name of the game.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I agree in principle, but knowing the people in my neighborhood
who do not have the money, I would have to vote against the motion, although I
am in favor of the motion.
Mr. Plummer: Well, have you got a better solution to try to accomplish the
same end?
Mr. Dawkins: I've got a better solution. Don't send so damn much money to
the Contras and give some to domestic aid, and not so damn much foreign aid.
Get that over to the President.
Mrs. Kennedy: Commissioner Plummer, can you repeat the amendment to the
motion?
Mr. Plummer: The amendment was that whatever the City expenses were for the
drug testing, is what they would have to put up in a deposit. They are saying
now, that it is $56, so be it. If it is $33, whatever that amount is, is what
they would have to put up.
Ms. Bellamy: Commissioner, maybe I can suggest something. The Manager
suggested that we have the drug test first. That's $16.00. Most people are
eliminated because of drug testing. Perhaps we could do that first. That
would be less movoy, we could take that up front, and if they pass that, we
would go on to the second phase.
Mr. Plummer% Fine, whatever. I have no problem with it. I think we are all
trying to accomplish the same bottom line.
Mayor Suarez: I have the same problem that Commissioner Dawkins has, so I am
going to vote against, but I understand what you are trying to do,
Commissioner De Yurre. I think it is a worthy goal. I just think it will
17 January 14, 1988
eliminate some people that really should be able to apply for employment in
the City of Miami, to have to post a $56 deposit.
Mrs. Dougherty: $16 now.
Mr. Plummer: $16
Mayor Suarez: If it is $16...
Mr. De Yurre: $16, the way they are structuring it. Anybody can come up with
$16, and...
Mayor Suarez: And we are going to limit it to $16, is that the... is the
motion going to embody that, or is it going to be variable, as the City
determines?
Mr. De Yurre: Well, the way they are structuring...
Mayor Suarez: I'll vote for $16, if you would limit it to $16.
Mr. De Yurre: The way they are structuring it, is you take the drug test
first, and that is only $16, so...
Mayor Suarez: I'll vote for that. OK...
Mrs. Kennedy: Same here. $16 would not be a problem.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-34
A MOTION DIRECTING THAT ALL NEW APPLICANTS FOR CITY
JOBS BE REQUIRED, AT THE TIME THEY APPLY, TO FIRST
TAKE THE DRUG TEST REQUIRED OF ALL PROSPECTIVE
APPLICANTS, AND TO PAY $16.00 (OR WHATEVER THE COST OF
SAID TEST MAY COME TO BE) AT THE TIME THEY ARE TESTED,
SAID AMOUNT TO BE REIMBURSED TO THE APPLICANT IF THE
TEST PROVES TO BE NEGATIVE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
7. RECONSIDER PRIOR VOTE ON (A) EXTENSION OF BID FOR FURNISHING OF ANIMAL
FEED (J be L FEED SUPPLY AND HECTOR SUPPLY CO.) FOR DEPARTMENT OF POLICE
AND (B) EXTENSION OF AGREEMENT WITH FULLER AND SADAO. (See labels 5, 8,
10 and 25)
------------------------------------------------------------------------------
Mayor Suarez: Item 12, Commissioner...
Mr. Dawkins: Item 12, I pulled 17 instead of 12.
Mayor Suarez: ... Dawkins wants to reconsider, and let me add that item 10, I
would like reconsidered, so that I can state what may have to be an abstention
on my part, so I entertain a motion to...
Mr. Dawkins: (OFF MIKE) You own a feed company, huh?
18 January 14, 1988
e
0
Mayor Suarez: I don't own the feed company. I would like to own the feed
company. Item 10 and 12, I entertain...
Mr. Plummer: Yes, and let the record reflect J & L has nothing to do with
this person.
Mayor Suarez: They got the big chunk of the contract. Items 10 and 12, I'll
entertain a motion to reconsider item 10.
Mr. Dawkins So moved.
Mrs. Kennedy: Move it.
Mayor Suarez: Call the roll on reconsidering items 10 and 12.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-35
A MOTION TO RECONSIDER PREVIOUSLY PASSED RESOLUTION
88-11 (EXTENSION OF EXISTING CONTRACT WITH J & L FEED
SUPPLY AND HECTOR SUPPLY COMPANY TO PROVIDE ANIMAL
FEED) AND RESOLUTION 88-13 (EXTENSION OF AGREEMENT
WITH FULLER AND SADAO) FOR FURTHER CONSIDERATION BY
THE COMMISSION.
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.
8. EXTEND BID FROM J & L FEED SUPPLY AND HECTOR SUPPLY FOR ANIMAL FEED FOR
DEPARTMENT OF POLICE (See label 5)
Mayor Suarez: Let me state my potential conflict here on item 10. I notice
that J.L.'s company, J & L Feed Supply got $19,894 contract here. Hector
Supply, which is a company that I represent, got $425, and I don't think that
there is a conflict, Madam City Attorney, because I represent this company in
other matters, but I would like to state my potential conflict, and could I
abstain even though I am not sure there is a conflict?
Mrs. Dougherty: If you have a continuing relationship with this company, I
would suggest you abstain.
Mayor Suarez: I do have a continuing relationship, at least I hope they will
continue the relationshipt On that basis, I will abstain, and call the roll
on item 10, 1 entertain a motion and a second on item 10.
Mrs. Kennedy: I move item 10.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
19 January 14, 1968
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-36
A RESOLUTION ACCEPTING THE EXTENSION OF BID NO. 84-
85-119 APPROVED ORIGINALLY ON RESOLUTION N0. 86-80 FOR
FURNISHING ANIMAL FEED AND SUPPLEMENTS FROM J & L FEED
SUPPLY IN THE PROPOSED AMOUNT OF $19,894.00 AND HECTOR
SUPPLY CO. IN THE PROPOSED AMOUNT OF $425.00 TO THE
DEPARTMENT OF POLICE -MOUNTED PATROL HORSED AND CANINE
UNIT FOR A PERIOD OF SEVEN MONTHS AT A TOTAL PROPOSED
COST OF $20,319.00; ALLOCATING FUNDS THEREFOR FROM THE
1987-88 OPERATING BUDGET INDEX CODE NO. 290301-710;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
SERVICE.
(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
NOES: None.
ABSTAINED: Mayor Xavier L. Suarez *
ABSENT: None.
* NOTE: Mayor Suarez later corrected the record by indicating he actually had
no conflict of interest. See memorandum dated January 27, 1988 addressed to
the City Attorney.
9. AGREEMENT WITH FAMILY HEALTH CENTER FOR RENDERING PHYSICAL EXAMINATIONS
FOR CURRENT AND PROSPECTIVE CITY EMPLOYEES. (See label #6)
Mr. Odio: I'm sorry, Mr. Mayor, I think we did not vote on number 13, which
was pulled. We discussed the test and it was not voted on.
Mayor Suarez: Yes, I've got the motion on it. We understood it to be a
modification of an existing resolution, but I entertain a motion on 13, as
modif ied.
Mrs. Kennedy: I move 13.
Mayor Suarez: Moved. Do we have a second?
Mr. De Yurre: Second.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
20 January 14, 1988
1 • s
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-37
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
FAMILY HEALTH CENTER, INC. FOR PROFESSIONAL SERVICES
IN THE FORM OF PHYSICAL EXAMINATIONS FOR CURRENT AND
PROSPECTIVE EMPLOYEES FOR THE PERIOD ENDING JULY 31,
1988; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $62,800 FROM CURRENTLY APPROPRIATED FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------- ------------------------------ ----------------------
10. DISCUSS AND DEFER CONSIDERATION OF AGREEMENT WITH FULLER & SADAO
(BAYFRONT REDEVELOPMENT) (See labels 5, 7 and 25)
------------------------------------------------------------------------------
Mayor Suarez: Item 12.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: On item 12, what is 20 percent of $1,234,950?
Mr. Odio: About $240,000.
Mr. Dawkins: Name me the minorities, the Black minorities who got $100,000 of
this contract, and the Cuban minority that got $100,000 of this contract.
Mr. Odio: I will have to bring that back to you, Commissioner, because up
front, I do not know.
Mr. Dawkins: I defer this until this afternoon when the Manager brings that
back, please.
Mayor Suarez: Item 12 is tabled.
------------------------------------------------------------------------------
11. ACCEPT GRANT FROM BISCAYNE BAY RESTORATION AND ENHANCEMENT PROGRAM FOR
STABILIZATION OF SHORELINE ALONG SEWELL PARK - EXECUTE AGREEMENT.
Mayor Suarez: I entertain a motion on 17
i, y . which we previously had pulled.
Mr. Dawkins: Move it.
Mayor Suarez: Move 17.
Mrs. Kennedy: Second. !,
I
21 January 14, 1988
Mayor Suarez: Seconded. Call the roil.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-38
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT IN THE AMOUNT OF $58,500 FROM THE BISCAYNE BAY
RESTORATION AND ENHANCEMENT PROGRAM FOR THE
STABILIZATION OF THE SHORELINE ALONG SEWELL PARK,
CAPITAL PROJECT NO. 331304; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT
IMPLEMENTING SAID GRANT AND TO IMPLEMENT SAID PROJECT
SUBJECT TO APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. EXECUTE USE AGREEMENT WITH UNITED SPORTS OF AMERICA FOR MOTORSPECTACULAR
EVENT AT THE ORANGE BOWL STADIUM.
Mayor Suarez: Oh, I am sorry, I missed 15. Commissioner De Yurre?
Mr. De Yurre: Yes., Mr. City Manager, on number 15, I was reading the backup
material, and this company states that generally what they make is about
$265,000 on ticket zzles for this event, but yet, the way they are structuring
this, they want no use fee for ticket sales up to $225,000, then 20 percent
from $225,000 to $325,000, and then from $325,000 on, it is 10 percent.
Mr. Odio: Let me... maybe I can explain that, for the last two years,
Motorsport, the first year, this Motorspectacular was very successful here.
Then, because it was, they... a competitor opened up in Ft. Lauderdale, and it
has really hurt him. For the last two years, this event has lost a lot of
money and what we're trying to do is work with them in maintaining this event
viable for the Orange Bowl. As it is, we will end up making a profit of about
fifty to sixty thousand dollars, net profit, from that one event. We felt
that if we do it otherwise, it would put them out of business. They could not
continue.
Mr. Plummer: But they're paying all the expenses.
Mr. Odio: They pay all the expenses. They will pay about $6,700 for rent for
the Orange Bowl and we'll make about $84,000 on the food and - $34,000 on food
and beverage, plus about $7,000 in parking and plus novelty, which we make
money out of is $3,500. I guess what we're saying is to bring people to the
Orange Bowl and once they are there, they are going to spend monies and we can
generate as much money from people being there than the rent.
Mr. De Yurre: No, I have no problem with the, you know, not charging anything
on the first two twenty five, but, you know, once you get past that three
twenty five, I feel that we should keep that 20 percent until we are made
whole again and we cover our first two twenty five. And then, you know, to...
Mr. Odio: Seen then, but...
�I 22 January 14, 1988
Mr. De Yurre: What we're losing on the first $225,000...
Mr. Odio: We're not losing anything, Commissioner, because we don't have any
expenses.
Mr. Plummer: We don't lose anything.
Mr. De Yurre: No, we're losing from making.
Mr. Odio: We, well...
Mr. De Yurre: Right?
Mr. Odio: That's...
Mayor Suarez: Opportunity cost.
Mr. Odio: Opportunity of cost, yes, but...
Mr. De Yurre: Hey, so what I'm saying is, why can't, instead of putting 20
percent on the next hundred, just make 20 percent up until the point that we
break even with what we're not going to be making on the first two twenty
five.
Mr. Odio: We'll try it, but...
Mr. De Yurre: You know, since they say they'll only sell $265,000. If that's
so, then they've got nothing to lose. But I just want to make sure that, you
know, there isn't a situation created wherein they end up making a lot more
because we're trying to help them out...
Mr. Odio: Well, no...
Mr. De Yurre: ... and then we get shafted to that degree.
Mr. Odio: We got - no matter how you look at it, this contract we cannot lose
anything. They will pay all expenses and we will make at least $60,000 or
$50,000.
Mr. Dawkins: Mr. Manager, what you have...
Mr. Odio: The problem is that I'm afraid of we will put them out of business
but we can go back and negotiate with them, and...
Mr. Dawkins: Mr. Manager, what you need to do is bring for this Commission
along with Commissioner De Yurre, what that event pays for rent at the
Sportatorium because they go up there also and we've been able to pull it down
here...
Mr. Odio: That's right.
Mr. Dawkins: So, if we're not competitive, we're going to lose it.
Mr. Odio: That's correct.
Mr. Dawkins: So, I mean...
Mr. Walter Golby: Itself, it does not go to the Sportatorium.
Mr. Dawkins: Someone else and that's the problem. They are now, because this
one was successful, they have sprouted all over the place.
Mr. Plummer (Off mike): They can't go to the Sportatorium, that's indoors.
That's indoors, they can't go there.
Mr. Dawkins: I agree with Commissioner De Yurre, but let's be competitive.
Mayor Suarez: What's the motion?
Mr. De Yurre: Well, I'm saying is that...
23 January 14, 1986
Mr. Odio: The problem is the event is Sunday so we'll have to try to contact
them now and...
Mr. De Yurre: Well, the thing is and then this should come way before. You
know, why does it come so late before the Commission? You know, we can't be
put in a position that because something is coming up, then we have to get
this thing railroaded across.
Mr. Dawkins: Welcome to the crowd.
Mayor Suarez: Welcome to...
Mr. De Yurre: My vote can't depend on an emergency type situation that could
have come up at the last meeting and then we can take care of it accordingly.
You understand what I'm saying?
Mr. Odio: Oh, I understand what you're saying.
Mr. Plummer: Victor, you're absolutely cor-ret, but in this particular case,
the event is scheduled and they have negotiated a contract. I would think
that it would be proper that we tell the administration in the future that
this is what this Commission would like to see. But I think you're in a
situation, unless you want to have a special Commission Meeting on Sunday,
which maybe would be necessary, they've negotiated a contract.
Mayor Suarez: Five thirty on Sunday, 5:30 a.m.
Mr. Plummer: Just before six o'clock mass.
Mayor Suarez: Just before six o'clock mass.
Mr. De Yurre: And rowing.
Mayor Suarez: Before Cesar goes out to row.
Mr. Plummer: Father shell.
Mr. Odio: Let me tell you, after last year - are you coming out at six in the
morning?
Mayor Suarez: We're going to have a Commission Meeting this Sunday, special
session, 5:30 and then you can go row afterwards.
Mr. Odio: No, I take off on Sundays, but what happened is...
Mayor Suarez: Take Walter with you.
Mr. Odio: ... last year they were not coming back, they were not coming back
after last year. They lost $150,000 and I think what we're trying to do is
encourage people from using the Orange Bowl which you normally wouldn't do and
that's what...
Mr. De Yurre: I understand, I understand what you're trying to do, I just,
you know, want to make sure that, you know, we help them out to a degree. But
that we don't, you know, that they don't benefit. If their concern is not to
lose money, I'm in favor of them not losing money. But then again, as the
more tickets that they sell, there comes a point then we should start
getting - beginning to be made whole on those two twenty five that we're
giving them without charging anything.
Mayor Suarez: Yes, maybe the percentage should have gone up a little bit for
the next...
Mr. Odio: Well, let me make - the normal rent for the Orange Bowl is
$10,000...
Mayor Suarez: The next range.
Mr. Odio: ... what I don't want to do and I guess we'd better say...
24 January 14, 1988
Mayor Suarez: This is a whole new way of doing it. This is the first time
you've done it this way. No use fee at all up to a certain figure of gross.
Mr. Plummer: Oh, no, we've done it many times.
Mr. Odic: No, we've done that before with concerts. We've done it with
concerts, we've done it many times, I...
Mayor Suarez: No fee at all up to a certain figure of gross?
Mr. Odic: We condone that. We have done that in the past and negotiated...
Mr. Plummer: We've negotiated that, yes. Hey, with Michael Jackson.
Mayor Suarez: I don't remember that, I don't remember that.
Mr. Odic: All they would have to do is if you press them, and I will do that,
because I've been ordered to do, is they'll send me a check for - rent the
Orange Bowl for $10.000 and we don't make another penny because the ordinance
says that Orange Bowl rent is $10,000.
Mayor Suarez: And, of course, what you're trying to accomplish here makes a
lot of sense which is that we have, how many dates a year...
Mr. Plummer: Continuation.
Mayor Suarez: ... very few dates a year in comparison to what we'd like to
have and we do want to create an incentive. And the Commissioner's saying,
though, after a certain volume gross, it should go up to a higher percentage,
is what you're saying.
Mr. Odic: Yes, but what we will do is then push them into saying, fine, Mr.
Manager, the ordinance says that the rent for the Orange Bowl for one day is
$10,000, that's what we're going to pay. And then you don't make more than...
Mayor Suarez: Oh, in other words, we push them into this alternative...
Mr. Odic: Sure.
Mayor Suarez: ... so that they avoid the worst case situation for them which
is to have to pay $10,000 without making any...
Mr. Odic: No, but if you push them further, then they'll go and say the
ordinance states clearly that the rent for the Orange Bowl is $10,000 so
that's what we'd like to pay. And then, we tend to lose more.
Mr. De Yurre: But, that's not including concession.
Mr. Plummer: Oh, no.
Mr. Odic: Oh, no, no, concessions are always separate, that's it.
Mr. De Yurre: OK. Well, if they want to pay the ten right here, they're only
paying $6,700.
Mr. Odic: Based on this formula, but they could pay more if they make more,
that was the idea behind this. So the more they would make, after a certain
-� amount, the more that we make.
1
Mayor Suarez: Couldn't we just pass an ordinance giving you total flexibility
to negotiate and bring back to us, as you're doing in this case and not
t
specify a fee?
1
Mr. Odic: Well, I'd rather have the rent spelled out like...
sMayor Suarez: It helps you to negotiate to have that fee in the ordinance.
Mr. Odic: Yes, yes, sir.
Mayor Suarez: What do you want to a:, Commissioner?
25 January 14, 1988
Mr. De Yurre: You know, I just can't be put in a position where I have to
vote on something because it's coming up Sunday so, you know, I would have to
oppose it.
Mr. Dawkins (Off mike): Well, you will.
Mayor Suarez: OK.
Mr. De Yurre: Well, not in favor of it, that's for sure.
Mr. Dawkins: Oh, oh, well I am not in favor either, but I vote.
Mr. De Yurre: OK.
Mayor Suarez: Any further discussion on the item?
Mr. Plummer: All right, I think I sense what's going on on the other end of
the table. I move the item as presented.
Mayor Suarez: Moved. Do we have a second?
Mrs. Kennedy: Yes, I'll second.
Mayor Suarez: Seconded. Any further discussion from this end of the table
here?
Mr. De Yurre: No.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-39
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
USE AGREEMENT BETWEEN THE CITY OF MIAMI AND UNITED
SPORTS OF AMERICA, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSE OF USING THE ORANGE BOWL
STADIUM FOR A MOTORSPECTACULAR EVENT ON JANUARY 16,
1988 WITH NO USE FEE FOR TICKET SALES UP TO $225,000,
AND TWENTY PERCENT (20%) OF TICKET SALES ON ALL TICKET
SALES FROM $225,000 TO $325,000, AND TEN PERCENT (10%)
OF TICKET SALES ON ALL TICKET SALES IN EXCESS OF
$325,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mayor Suarez: What's the vote up to now?
Mr. Plummer: Whoaaa.
Ms. Hirai: Three to one.
Mayor Suarez: I vote yes, I do think though that we obviously have a
Commissioner who wants to be apprised and informed in advance of specifics of
these contracts. As a lawyer, I'm sure he can be extremely helpful in making
26 January 14, 1988
sure that we get the best bang for our buck here, Walter, so, and Mr. Manager,
please, to the extent that he's interested in going through these in as
detailed a fashion as we're accustomed to have only from Commissioner Plummer
then...
Mr. Odio: Just for the record, Mr. Mayor, and I believe the News is going to
write something on it, we provided them the information, the Orange Bowl,
since the Dolphins left, made more money last year than with the Dolphins
here. Not only that...
Mayor Suarez: Do we have the end of the year report?
Mr. Odio: Yes, we're getting at...
Mr. Plummer: Yes, we're putting it together.
Mayor Suarez: What does it look like, you're saying that we made more money
than...
Mr. Odio: Well, let me say this, three events that we had, the three
concerts. In those three concerts, we made as much money as the whole Dolphin
season in the Orange Bowl.
Mayor Suarez: Well, what is the total bottom line, do you have an estimate of
that as long as you're telling us that we made more than the year before?
Mr. Plummer: Not yet.
Mr. Odio: I don't have... do you have, about $500,000? Net profit.
Mayor Suarez: What figure do you have in your head that you haven't told us?
Mr. Odio: We made a net profit of, estimated by Mr. Golby here, of $350,000
this year in the Orange Bowl.
Mr. Plummer: Well, I wish you wouldn't use that figure because it's not a
true figure. That's a...
Mayor Suarez: It's a rough estimate at this point, OK.
Mr. Plummer: Yes.
Mayor Suarez: And by the way, that's about 1 percent return on the value of
that property instead of what some people might...
Mr. Dawkins (Off mike): Yes, but it's money Joe Robbie would give you if you
let him use it free.
13. DIRECT ADMINISTRATION TO REINSTATE DISPLAY "WELCOME" SIGN AT ORANGE BOWL
AND RESTORE IT TO ITS ORIGINAL LOCATION.
Mr. Plummer: Mr. Golby, or Mr. Manager, I got a question. I think...
Mayor Suarez: Unless they won the Super Bowl that year.
i Mr. Plummer: I think I got a complaint. I'd like to know why, during the
Orange Bowl Game, where all of the time I've ever been in the Orange Bowl when
the TV cameras shoot across, it says the "City of Miami Welcomes You To the
Orange Bowl." This Orange Bowl game that was completely blanked out and I had
a Lite beer. Now I want to tell you, I don't know what you got in that in the
-' way of revenue, but I felt insulted.
Mr. Odio: Well, it's...
Mr. Plummer: I mean, we do these Orange Bowl Games for a lot of nationwide
publicity.
Mr. Odio: Because, let me tell you, can I answer that?
i
27 January 14, 1988
Mr. Plummer: Yes, I...
Mr. Odio: We did a little study, believe it or not, with the TV stations.
When you see it the most is when you hit the scoreboard and we put it over the
scoreboard so every time the cameras hit the scoreboard, you see "The City of
Miami Welcomes You to the..." - in the sign, you could never see it because
they would block them out.
Mrs. Kennedy: No, but it doesn't read as well because everybody who was
seated with me commented the same thing.
Mr. Plummer: I'm going to tell you something. I'll make a motion at this
time that that "City of Miami Welcomes You To The Orange Bowl" be uncovered,
reinstated and permanently stay there and not be sold for advertising.
Mrs. Kennedy: Second.
Mr. Dawkins: I'll second the motion if you'll say it's Miami not Miama.
Mr. Plummer: Miama.
Mayor Suarez: I won't vote for Miama so you might as well make it Miami.
Mr. Plummer: Bunch of tourists.
Mrs. Kennedy: Fortunately, he doesn't have to say it.
Mayor Suarez: Tourists. OK, any further discussion on the motion?
Mrs. Kennedy: Are you preparing a report for us?
Mr. Odio (Off mike): On what?
Mrs. Kennedy: On the profits.
Mr. Plummer: Yes, we're doing - we're saying that, I have that committee.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-40
A MOTION OF THE CITY COMMISSION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO UNCOVER AND REINSTATE
THE DISPLAY SIGN AT THE ORANGE BOWL WHICH READS "CITY
OF MIAMI WELCOMES YOU TO THE ORANGE BOWL" (RECENTLY
MOVED TO THE TOP OF THE SCORE BOARD) TO BE REPLACED TO
ITS ORIGINAL LOCATION PERMANENTLY RATHER THAN HAVING
SAID SPACE AVAILABLE TO OUTSIDE ADVERTISING INTERESTS.
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.
28 January 14, 1988
14. REQUEST ASSISTANCE FROM FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM
FOR ADDITIONAL IMPROVEMENTS AT VIRGINIA KEY BEACH.
Mayor Suarez: Item 18. Commissioner Kennedy.
Mr. Dawkins (Off mike): 18?
Mrs. Kennedy: Mr. Manager, I'd like a report by the next Commission meeting
on where we are on Virginia Key on the master plan, on implementing the master
plan.
Mr. Odio (Off mike): We, OK. Yes?
Mrs. Kennedy: And another thing, can we have the RFPs prepared by the next
Commission Meeting?
Mr. Odio: For what, Commissioner?
Mrs. Kennedy: For Virginia Key.
Mr. Odio: RFP on Virginia Key, you mean, on Virginia Beach? What type of
RFP, I had not been instructed before to do so.
Mrs. Kennedy: Didn't we instruct you a few months ago to prepare them?
Mr. Odio: No, ma'am.
Mrs. Kennedy: OK, so where are we then as far as the master plan?
Mr. Odio: The master plan was concluded, we approved the master plan and we
still have...
Mr. Plummer: Well, I think what she's referring to, Mr. Manager, we spoke
about having bicycle rental concessions over there. We spoke about horse
concessions over there. A number of concessions were indicated in the master
plan and I guess we just naturally assumed that the administration was going
to follow through with those concessions of being out with RFPs.
Mr. Odio: We also put in a sewer line and we're working on the sewer line
first and we also...
Mr. Plummer: There's no concession rights there.
Mr. Odio: No, and we also have a problem in the other area that we needed to
determine we were doing some pretesting on some gas accumulations that is very
complicated and we wanted to complete that before we could put out anything
because we don't know what land would be available, Commissioner. And that is
one of the problems...
Mrs. Kennedy: OK, but Jack or, can you have a report by the next Commission
Meeting of where we are?
Mayor Suarez: There's no element of it that's ready for an RFP?
Mr. Odio: We could have, not for next week, but we could have some elements
done.
Mayor Suarez: For Sunday's special Commission session? Sergio will be here
at 4:30, I'm sure.
Mr. Plummer: But don't worry about it, there'll be no vote because I
guarantee you there'll be no quorum.
Mayor Suarez: What does it look like as being the component that people are
most interested in doing something with and that, otherwise, we may be ready
for an RFP on it unless you have one in mind? Food and beverage?
Mr. Plummer: Oh yes.
29 January 14, 1988
Mayor Suarez: Located, I forget what part of the...
Mr. Odio: On the beaches.
Mayor Suarez: Oh, some kind of like stands...
Mr. Jack Eads: On the beaches and also up in the picnic area out on the
point, just south of the
Mayor Suarez: What do we envision looking like, carts or what? Or just
little stands?
Mr. Eads: No, sir, actually stands, concession stands.
Mayor Suarez: More than one or...
Mr. Plummer: Churros.
Mr. Eads: I'm sorry?
Mayor Suarez: More than one, one company?
Mr. Eads: Yes, definitely have to be more than one. May not necessarily be
more than one company, but certainly more than one stand.
Mr. Odio: We'll have a full report on Virginia Beach on the February the llth
meeting.
Mrs. Kennedy: Thank you.
Mayor Suarez: OK, I'll entertain a motion on 18.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: Second.
Mr. De Yurre (Off mike): Second.
Mayor Suarez: Seconded. Call the roll. Any further discussion? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-41
A RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE
FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM IN
THE AMOUNT OF $150,000 FOR ADDITIONAL IMPROVEMENTS AT
VIRGINIA KEY BEACH AND ALLOCATING MATCHING FUNDS IN
THE AMOUNT OF $150,000 FROM THE CAPITAL IMPROVEMENTS
PROGRAM, VIRGINIA KEY DEVELOPMENT - PHASE I, PROJECT
NO. 331044, FOR A TOTAL PROJECT COST OF $300,000;
FURTHER AUTHORIZING THE CITY MANAGER TO APPLY FOR SAID
GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
30 January 14, 1988
•
9
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.
15. DISCUSS AND TABLE PROPOSED ACQUISITION OF PROPERTY AT NORTHWEST 34TH
TERRACE BETWEEN NORTHWEST 1ST AND 2ND AVENUES TO DEVELOP A PUBLIC PARK.
(THIS ITEM WAS LATER TAKEN UP AGAIN AND DEFERRED TO A FUTURE MEETING.
SEE LABEL 84.)
NOTE FOR THE RECORD: BRIEF COMMENT BY CITY ATTORNEY REGARDING
AMENDMENT TO PREVIOUSLY PASSED AGENDA ITEM 23 (SEE LABEL 5.17).
Mayor Suarez: Item 21.
Mrs. Kennedy: OK, I believe that until we pass number 42, we cannot pass this
item. Is that correct, Mr. Manager?
Mrs. Dougherty: What?
Mr. Plummer: What is item 40?
Mrs. Kennedy: The $8,000,000 appropriation. I guess that would be my first
question before we discuss anything.
Mr. Odio: Yes, they are tied together in a way because this property's for
the Wynwood Park and we would have to have 42.
Mr. Plummer: Well, I thought, correct me if I'm wrong. What happened to the
point that the property was going to be bought by a construction company?
Mr. Odio: You mean the Gerrits?
Mr. Plummer: Yes.
Mr. Odio: They were selling part of the property. They were not donating, to
my knowledge, anything; Commissioner Dawkins was there with me when we met
with Mr. Gerrits, Commissioner.
Mr. Plummer: Dawkins, what was - someone was telling me about a great offer
that Gerrits was making to this project of Wynwood.
Mr. Dawkins: Yes, the guy - if some contractor over there made an offer to
provide the land or something, I...
Mr. Plummer: That's what I recall. At least that's what I was told. Now,
whether or not that was factual.
Mr. Jack Eads: That corporation, Commissioner, has tried to acquire options
on all the property to keep the cost of acquisition as low as possible so we
use as little of that $8,000,000 as necessary for land acquisition.
Mr. Dawkins: Well, what is that organization?
Mr. Eads: Well, they also own two...
Mr. Dawkins: What are they going to contribute?
Mr. Odio (Off mike): I don't remember them saying any
Mr. Eads: Commissioner, I don't recall exactly what they were going to
contribute. We can certainly get that for you.
31 January 14, 1988
Mr. Dawkins: Well, I was living under the impression they were going to
contribute the land.
Mrs. Kennedy: How much is this going to cost us?
Mr. Eads: Try to see if we have the figure right now, Commissioner.
Mr. Plummer: You're talking about 12 lots here.
Mrs. Kennedy: Another thing, Madam City Attorney, that I was thinking of, are
we legally responsible for relocating these people?
Mrs. Dougherty: Is it federally funded at all? If there's federal funds
involved in the acquisition, the answer is yes. Otherwise, no, not legally,
although, as a practical matter, we usually do assist in it.
Mrs. Kennedy: Well, then, that's going to escalate the costs.
Mr. Eads: We don't anticipate relocation expense in this effort,
Commissioner.
Mr. Plummer: Well, let me ask the second question, acquiring the property is
one thing.
Mr. Eads: Yes, sir.
Mr. Plummer: Where is the money going to be coming from to actually institute
the program that is to be placed on those parcels?
Mr. Eads: The $8,000,000 dollar for dollar fund that's set up.
Mayor Suarez: So then, the budgeted amount for this particular park, there's
enough to not only purchase this property, but incorporate it into the park
because that would require some pretty...
Mr. Eads: Yes, sir, we anticipate the entire project as 1.8 million dollars.
I can't locate right now the breakdown of how much of it's land acquisition
and how much of it's development.
Mrs. Kennedy: OK, then that's why we should table this until we hear 42.
Mayor Suarez: OK, let's table the item.
Mayor Suarez: Item 27. Yes, Commissioner De Yurre.
Mr. De Yurre: Yes, I'd like to see also because whenever I see a company
n::A-94.ng a number of these lots, I would like to see the appraisal value on
these properties, I'd like to see what these properties were purchased for by
%his Gerrits Company. I just want to make sure that we're not going to end up
paying a lot more for this land than what they're worth and I'd certainly like
to have that information before I can vote on this item.
Mrs. Dougherty: Commissioner De Yurre, this would come back to you with all
of that information.
Mr. Plummer: Well, but maybe what he's trying to say is what I've been trying
to say for years. If this Commission is not going to approve it, why go
through all the efforts and the time and the labor and the money if, in fact,
this Commission makes the determination that we don't feel it should be
purchased. I think that's really what we're trying to say. Appraisals cost
money, the law department going into this matter costs money and we would like
to know in advance what are the parameters that we're talking about?
Mrs. Dougherty: So, you want us to go and purchase the appraisals before you
give...
Mr. Plummer: No, I think what's being asked for...
Mr. De Yurre: What?
Mr. Plummer: ... is an approximate cost of what is the land being acquired,
what is that going to cost and what is the program that's going to go on the
32 January 14, 1988
land? I don't want to see another thing where we've done in the past, is to
buy a piece of property and all we're doing is cultivating weeds and creating
a maintenance problem.
Mayor Suarez: A classic example of which is the St. Hugh's property.
Mr. Plummer: I agree.
Mayor Suarez: The old St. Hugh's. Does this make sense as a first step, Don?
Do we have an idea how much this is going to cost at this point?
Mr. Don Cather: I'm sorry, I'm here on 27. I thought you called 27.
Mayor Suarez: Should have known not to ask you just because you're standing
at the mike.
Mr. Odio: What you're doing is authorizing her to negotiate an eminent domain
and then that's when we - if once you authorize us if she can take that
step...
Mayor Suarez: It's just like a yellow light that we're giving you here to
just sort of begin without spending the money for an appraisal at this point?
Mr. Odio: See, an appraisal is what, $20,000, I believe?
Mrs. Dougherty: It depends on the cost of the property. But we've modified
that resolution, incidentally to say that the City administration start to
acquire instead of the City Attorney.
Mayor Suarez: Start to acquire? You know...
Mr. Plummer: Now I know there's something rotten in Denmark.
Mrs. Dougherty: No, nothing is rotten, but that's traditionally the way it's
done. The administration starts the acquisition and then we do the
Mayor Suarez: You know, I'll bet you there would be people that give us at
least preliminary ideas of what certain land might cost on a pro bono basis.
I see a realtor out there who I'm sure would look at comparables for us and,
at least, just, you know, as a service to the City, give us an idea of what
we're talking about without having to spend $20,000 for an appraisal, my God.
Mrs. Dougherty: Well, the property and lease manager should be able to. The
property and lease manager ought to be able to do that.
Mr. Plummer: Well, you know...
Mayor Suarez: And that's what Commissioner De Yurre seems to be interested in
knowing in advance of voting on something like this.
Mr. De Yurre: Well, certainly...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Let's remember what happened to us on the substation of the
police on Beacom Boulevard.
Mayor Suarez: Yes.
Mr. Plummer: Let's also remember one of the parcels downtown in the Park/West
where it was about five times more than what the appraisal showed. So I think
that we want to enter into these a little bit more cautious than what we have
in the past.
Mayor Suarez: That's what I'm saying, having, you know, at this step having
some sort of an idea what it might cost and other than whatever the person in
the area tells us, particularly the seller, who'd give us some idea. And
Commissioner De Yurre is also wanting to know what the individual paid for the
land in question. And that's quite easy to ascertain too without having to go
out to an appraisal. Just from the doc stamps.
33 January 14, 1988
Mr. Plummer: Well, since the state law says that your property shall be
appraised for tax purposes at 100 percent, should be easy to go and find out
what the....
Mayor Suarez: That's another indication. That's another indication of value.
Mr. Plummer: The tax records show as to what they're worth.
Mayor Suarez: We're tabling item twenty...
Mr. Plummer: One.
_ Mayor Suarez: ... one at this point in the hope and expectation that at some
point during the day, we might be able to take it up if...
Mr. Odio: Can I ask one question of Commissioner De Yurre? Commissioner,
what you want is an appraisal or you want an estimate from the administration?
Mayor Suarez: I think he wants an estimate, the appraisal will cost $20,000.
Mr. De Yurre: Well, let me tell you something, when we're talking about
purchasing this land, I figured there were appraisals already, you know...
Mr. Odio: No, because we're asking for permission to negotiate, not to buy.
We would have to...
Mayor Suarez: This is that step that allows
Mr. Plummer: No, you're talking about under eminent domain.
Mr. Odio: But we would have to come back to you before we did anything.
Mr. De Yurre: Cesar, the thin., is that for us to say, yes, go ahead and
negotiate, we have to have an ide+ what it's going to cost.
Mr. Odio: Well...
Mr. De Yurre: You know, because if not, what's the purpose of negotiating if
you're going to come back and we're going to say, no, it's way too much.
Mrs. Kennedy: That's right.
Mr. Odio: My question is this, if we can estimate and tell you what we think
it's going to cost, $500,000. And then, but I don't know, an appraisal might
come in, a professional appraisal, and say, no, it's $800,000. And I don't
want - we can do that and tell you but if what you're saying is, go ahead and
get an appraisal, spending money on an appraisal, then we bring it to you and
you say...
Mr. De Yurre: No, I just want to have an idea of what it's going to cost
before we go ahead and say, start negotiating.
Mr. Odio: No - oh, OK. Fine.
Mayor Suarez: Yes, our own internal preliminary estimate of what it's going
to cost.
Mrs. Kennedy: Which was my original question because you have to know before
you negotiate anything.
Mr. Odio: Because we did an estimate - OK, the estimate is about $150,000 on
this property. We estimated, the administration...
Mayor Suarez: Is that the appraised value?
Mr. Odio: No, it's an estimate from...
Mayor Suarez: I mean, I'm sorry, the tax appraised value.
UNIDENTIFIED SPEAKER (Off mike): It's based on that.
Mr. Odio: Based on that.
34 January 14, 1988
Mayor Suarez: What is the tax appraised values, Commissioner Plummer
indicated that's supposed to be 100 percent of value.
Mr. Odio: Well, we were going on $750,000, that's the estimated that...
Mayor Suarez: Are you telling me that that's what it's appraised for for tax
purposes?
Mr. Odio: Yes. That's why I wanted to clay...
Mayor Suarez: Swear on a stack of Bibles.
Mr. Odio: No, because then see, you get the appraisals...
Mayor Suarez: I mean, that either is or it isn't, that's why I'm asking.
Mr. Odio: Excuse me, Mr. Mayor, what happens is when you ask an appraiser,
you have to tell him what the use is going to be for and if the use is going
to be for housing, then the appraised value is different than if you're going
to be for a park.
Mayor Suarez: I'm aware of all of that. I'm asking a very simple question,
is that the value that this land is appraised, for tax purposes? By the Dade
County tax appraiser? I see Jack shaking his head no, I mean, come on.
Plummer suggested that is one indication of what it might be worth and that
makes a lot of sense.
Mr. Eads: Yes, sir, we understand 100 percent valuation required. This
property is not valued at exactly what the property appraiser says.
Mayor Suarez: What does the property appraiser say that this property is
worth? That's all I'm asking, Jack.
Mr. Eads: OK, I understand that. I don't know that number right now. We'll
get it for you and bring it back.
Mayor Suarez: OK, we ought to get all of that before we vote, that's what the
Commissioners are indicating. OK, we're tabling item 21 in the expectation
that some point in the day, we may have enough information.
Mrs. Dougherty: Mr. Mayor, before you move on to item 23, I'd like to make a
notation that on item 23, which was already passed, we have changed the word
from authorizing the Manager to "execute", instead it's authorize the Manager
to "negotiate" and bring back the contract to you.
Mayor Suarez: OK. So understood, do we need to vote on it again?
Mrs. Dougherty: No, sir.
NOTE FOR THE RECORD: BRIEF COMMENT BY CITY ATTORNEY REGARDING
AMENDMENT TO PREVIOUSLY PASSED AGENDA ITEM 23 (SEE LABEL 5.)
16. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ACCEPTANCE OF PLAT:
CLAUGHTON SUBDIVISION ON CLAUGHTON ISLAND (SEE LABEL 41.)
------------------------------------------------------------------------------
Mayor Suarez: Item 27 then.
Mr. Dawkins: Twenty-seven? Mr. Manager, have somebody... Mr., have somebody
come up there, Mr. Manager. When you replat this, what - I mean, when you
plat this, what are you doing and what do you say?
Mr. Don Cather: The owner of the property has to plat this property and
record the final plat before he can build on it. This particular parcel,
Claughton Subdiviaion on Claughton Island, is a portion which has not been
developed prior to this time. It has been held by the Claughton family when
they sold the rast of it to Swire's Realty and the other developer there, a
35 January 14, 1986
guy from Tampa, I can't remember his name. Now, that's the one that you made
the agreement with for the housing as a condition of the granting of the...
Mayor Suarez: Development order.
Mr. Cather: ... building permit. So this is not involved in any way with the
housing issues which we still are going to face, the Commission will be facing
on a separate time. This is a separate plat and all the requirements, the
legal requirements for the plat have been met and he's not involved with...
Mr. Dawkins: When you plat a piece of... well, look, wait a minute, I don't
need a - all right, when you plat a piece of property, when you plat it does
it have the zoning restrictions and all of the things that tell you what you
can or cannot build on it at that time when you purchase it?
Mr. Cather: The zoning of the property is the neighborhood. You can have
zoning on a property that's unplatted.
Mayor Suarez: So, it's not affected in any way.
Mr. Dawkins: Well, I'm going to rephrase my question again. When we replat -
when you - when we pass this platting today, does it tell who ever own it or
who ever purchased it, what you can or cannot build, what the FAR will be and
what it will not be and how much land mass you can use and put on there? When
you replat it today, does it tell it that?
Mrs. Dougherty (Off mike): It doesn't change.
Mr. Plummer (Off mike): Yes.
Mr. Cather: I have to say, to the best of my knowledge and belief, that is a
correct statement.
Mr. Dawkins: All right, so, therefore, anybody who purchases this today,
knows what he can put on it or he/she and what they can't and they have no
reason to come back to this Commission requesting that we allow them to build
more than what this plat calls for. Is that a fair statement?
Mr. Cather: I can't answer that because they could go back and do it if they
wanted to.
Mr. Dawkins: Well, that's all right, Madam City Attorney, we don't pay you to
answer that, Madam City Attorney.
Mrs. Dougherty: Commissioner Dawkins, the plat doesn't have anything to do
with the zoning and the use that's permitted.
Mr. Dawkins: Well, all right, then why are you platting it then?
Mrs. Dougherty: Platting normally in a... if you have an unplatted piece of
property that means that your property does not have lots and blocks and
dedicated streets. Platting permits you to then dedicate the streets to the
public and, therefore, sell by lot and block number as opposed to metes and
bounds description. It does not affect at all the present zoning so,
therefore, they know when they purchase this property, what is permitted, what
the zoning is, how much FAR.
Mr. Dawkins: They know that when they purchase this property.
Mrs. Dougherty: Yes, sir. Yes, sir.
Mr. Dawkins: All right, OK.
Mrs. Dougherty: It doesn't change by reason of this plat.
Mr. Dawkins: OK, so, therefore, those individuals who - OK, I make a motion
and help me, Madam City Attorney, that the individuals who purchase this
property must build on it what's allowable now and if they come before this
Commission and if this Commission again acquiesce as it did on the other part
and let them put anything - they should not be allowed to put anything there
but what this calls for. Is that legal?
— d 36 January 14, 1988
Mrs. Dougherty: Well, you can't preclude them from coming and applying just
like anybody else would for rezoning or a variance, but you could set forth a
resolution that it is your desire to keep the land at the present zoning.
Mr. Dawkins: Will you word that the way I want to say it, please, Ma'am?
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: OK, reword it so I can say that's my motion, please.
Mrs. Dougherty: I'll prepare a resolution for you.
Mr. Dawkins: Will you prepare a resolution and bring it back on 27 for this
afternoon?
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: Table 27 till this afternoon, Mr. Mayor, please.
Mayor Suarez: Item 27's been tabled.
------------------------------------ ---------- ------ ----------------------
17. DISCUSSION AND TEMPORARY DEFERRAL OF CONFIRMATION OF REAPPOINTMENT TO
OFF-STREET PARKING BOARD OF: A) DIANE SAULNEY SMITH, AND B) ARTHUR
HERTZ. (SEE LABEL 21.)
------------------------------------------------------------------------------
Mayor Suarez: Item 32. What are we doing on the Off -Street Parking Board?
Mr. Dawkins: I've got 32 and 33. I'd like to discuss both of them at the
same time if possible, please.
Mayor Suarez: These are the appointments to the Off -Street Parking Board.
Mr. Dawkins: All right. At the time that this came up, I recommended that
- Mr. Larry Handsfield be appointee to the Off -Street Parking. Somewhere over
there, somebody got the idea because Mrs. Smith was black and that Larry
Handsfield was black, that Miss Smith should be kicked off and Larry
Handsfield put on. That was never my intent. There's no where in any
regulation that you got that said that only one black person can serve on Off -
Street Parking. So now, I am a little miffed that the Off -Street Parking
Board would take my suggestion that another black be added and eliminate one
black to put that black on. And tell the Off -Street Parking that's exactly
what they've done, they've played me against the black community because they
want to take Smith off and put the black on I recommended. That's unfair and
unjust. Now, if they did not want two blacks on there, they should have said
to me, we will not have two blacks on there so don't you recommend another
black unless you want us to take one black off. Now, therefore, because the
Off -Street Parking has decided the only way Larry Handsfield can get on the
Commission is that I allow them to take Miss Smith off. I have to rescind my
recommendation that Mr. Handsfield be put on because I intended to add a
black, not take a black away. So, therefore, you all can do anything you want
with 32 and 33.
Mr. Jack Mulvena: Commissioners, may I respond?
Mayor Suarez: Jack.
Mr. Mulvena: Since our last Commission Meeting, the Board of Directors met
and the two appointments in question were predisposed not to step aside.
Therefore, the quorum, remaining the three members decided to resubmit the
numbers, the two members before the Commission.
Mayor Suarez: That's a nice way to phrase it, they were predisposed not to
step aside. Who cares what they were predisposed to do? They're up for
reappointment is what you're saying.
Mr. Mulvena: Mayor, the remaining quorum...
Mayor Suarez: They wanted to be reappointed just like most people do.
37 January 14, 1988
Mr. Mulvena: Exactly, and the remaining quorum respected that and, therefore,
submitted the names before the Commission.
Mr. Plummer: Let me ask this question. Whatever happened to the thought of
this City Commission's expression a number of years ago to expand the board?
You have five members now?
Mr. Mulvena (Off mike): Right.
Mr. Plummer: At one time, we thought about, as I recall, seven members and to
be one of the members to be of the Downtown Merchants Association and I forget
where the other one was to come from, or that was the intent of trying to
expand.
Mr. Mulvena (Off mike): Yes, you're accurate.
Mr. Plummer: Madam City Attorney, what does this Commission have to do or
what can we do to expand that board from five to seven members?
Mrs. Dougherty: Let me come back to you this afternoon.
Mr. Plummer: You're going to be a busy girl this afternoon.
Mayor Suarez: Or seven, while you're at it, seven or ten because if we went
to 10, for example, that would give one to be nominated by each Commissioner.
Mrs. Kennedy: Yes, then you're talking about eleven instead.
Mr. Plummer: No, no, you can't - that's not the process with Off -Street, they
recommend names, we can approve or disapprove.
Mayor Suarez: I understand that but we can reverse that process and have the
recommendations come from us.
Mrs. Dougherty: The reason I need...
Mayor Suarez: You know, the other way, it's always been a very painful
process. I mean, these people like Jack says, you know, they are not disposed
to step aside or whatever the term was. Well, we don't really care if they're
disposed to step aside if we'd like to have some other people serve on this
board. Last time we got a change on that board, it was Eduardo Padron and it
was the most painful process that we've all gone through to get that kind of
input. I see the DMBA representative here, Miguel Braslovsky, whom I think
has been applying to be on this board since time immemorial and I gather
that's one of the reasons you brought it up, Commissioner, that DMBA's been
promised membership and doesn't have it and we see the same old faces coming
back up.
Mr. Plummer: Mr. Mayor, I would suggest that it either be nine or eleven
rather than an even number of ten.
Mayor Suarez: We can always make it to have a Chairman chosen by the
membership or however they want to do it.
Mr. Plummer: That's fine.
Mayor Suarez: OK.
Mr. De Yurre: Well, where are we at with this then?
Mayor Suarez: We'll table 32 and 33 until we get some idea of how we can have
an expansion of this board. Is that acceptable?
-�
Mr. Plummer: Well, wait
a minute, wait a minute,
wait a minute. When do
-`
these terms end?
Mr. Mulvena: These terms
have already ended. As
a matter of fact, we're
operating with now with a
board of three so if one
doesn't show up, we don't
i
have a quorum and we don't
do business.
:`:
38
January 14, 1988
Mr. Plummer: Why has it waited this long to come up if they've already
expired?
Mr. Mulvena: Well, this is the second occasion, Commissioner, that they've
come up.
Mr. De Yurre: Of the three members that are active, when is the next
expiration date of the next one? When does the next one expire?
Mr. Mulvena: I'm not certain, Commissioner, I'd have to look that up but I
_ think they're each staggered; two are staggered by two years and one is
staggered by one so you don't have too much disruption on the board. But, I
can get that information for you very shortly.
Mr. De Yurre: Well, I think that, Mr. Mayor, that without getting into it, I
think we're talking about a different issue about expanding the Off -Street
Parking Board.
Mayor Suarez: It's a different issue, it's related, obviously, but...
Mr. De Yurre: It's related, but I think that we should deal with this
situation and I think that we have to send a message back to the board to
again look at the recommendations of Commissioner Dawkins and Mayor Suarez and
have an understanding that they strongly suggest these individuals. And, if
it's going to keep operating with three members, it'll keep operating with
three members until the next one expires and then it'll cease to operate,
totally. Is that clear? I think it's pretty clear.
Mr. Plummer: And that would be a disaster.
Mr. Mulvena: It's basic math.
Mr. De Yurre: OK, thank you.
Mr. Mulvena (Off mike): You're welcome, Commissioner.
Mayor Suarez: By the way, the Commissioner stated recommendations in the
plural by Commissioner Dawkins and myself, it's actually one recommendation.
Mr. De Yurre: No, there's two individuals. Well...
Mayor Suarez: No, no, there was one individual. We both recommended the same
one, he copied me with his letter and I liked it, Larry Handsfield, President
of the Black Lawyers' Association, so I did...
Mr. De Yurre: How about Mr. Braslovsky, I thought you recommended him.
Mayor Suarez: But, we also have a pending strong emphatic request, petition,
plea from the DMBA to be represented and the last time around, we went through
this, instead of that we got, you know, a very fine gentleman from Wometco,
you know, which is really sort of the old - I don't want to say the old
establishment, I suppose, but that, you know, we just like to have some new
blood here, Jack. I am concerned as I think Commissioner Plummer is with the
operation of the authority. We're expecting you to do so much in the next 12
months and that I don't know that it's fair to hold him to having a situation
of...
Mr. Dawkins: Well, move it and then we just expand it at the next meeting,
that's all.
Mayor Suarez: I'm pretty sure that it would - because the two issues are
related. Madam City Attorney, we're pretty sure it would require a charter
change, would it not?
Mrs. Dougherty: Well, it's actually a special act and with the...
Mayor Suarez: To expand.
Mrs. Dougherty: Yes.
F: Mayor Suarez: A special act?
i'
�i
j 39 January 14, 1988
Mrs. Dougherty: That's what it is, it's not a charter, it's a special act...
Mayor Suarez: A special act of the legislature you're talking about.
Mrs. Dougherty: ... and you can amend special acts, you and the City
Commission, except when it affects terms of office or officers. So, if you
increase the amount of officers potentially you could be decreasing their
power and that's the issue that I'm researching.
Mayor Suarez: You're still checking that out.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: You can dissolve the whole board, right?
Mrs. Dougherty: Yes, sir, that you can do. By the same act that creates this
methodology for you to amend special acts.
Mayor Suarez: OK, let's do this. We've tabled quite a few in the hope that
we can resolve something by the end of the day but can you get something
possibly to us by the end of the day?
Mrs. Dougherty: Yes, sir.
Mayor Suarez: Because we may be able to, in one fell swoop here, enlarge the
board and be in a position to make two more appointments, which I think would
satisfy everyone. So table 32 and 33, if that's acceptable to everyone.
Commissioner De Yurre, are you OK on that?
Mr. De Yurre: Yes, it's acceptable.
18. A.) DIRECT ADMINISTRATION TO ADVERTISE RFP (ATTACHMENT A) FOR PROVISION
OF BANKING SERVICES TO THE CITY.
B.) EXPRESS CITY COMMISSION POLICY THAT BANKS REFUSING ASSISTANCE IN
TARGET AREAS WILL NOT PARTICIPATE IN OTHER CITY PROJECTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 35.
Mr. Dawkins: Thirty-five. Mr. Manager, now we have banks out here that
refuse to stop red lining. OK?
Mr. Odio: Yes, sir. Are we talking about 35, no?
Mr. Dawkins: I'm talking about any bank out there that refuses to fund our
projects in Overtown Park/West, in Liberty City, in the black Grove and that
part of Little Havana that's not prosperous. Those banks I do not want to see
their proposals. Madam City Attorney, how do I limit it to ensure that those
banks that refuse to fund projects such as that project that's wherein - who's
that came in here with us, the... the w%at the plumber, who came in here, the
plumbers?
Mr. Odio: When the Melrose...
Mr. Dawkins: Was it the plumbers or who? Who, Herb?
Mr. Odio: Carpenters.
Mr. Dawkins: Well, on the Melrose site, who came in here?
Mr. Odio: The carpenters.
Mr. Dawkins: The carpenters? All right, the carpenters came in here to take
their pension money to build some houses so - and, of course, they wanted to
put their men to work. And we cannot get a bank in the City of Miami to work
with the carpenters who are going to put up the construction money and get the
houses up and then get the permanent financing and we can't get nobody in the
City of Miami to work with them. I don't need my money in a bank that - and
the carpenters should draw their money out of any bank that won't participate.
40 January 14, 1988
Mr. Odio: Commissioner, in the selection criteria that we outlined here based
on what you already ordered us before to do. The number five provision says
compliance with the provisions of the Federal Community Reinvestment Act. In
other words, they have to...
Mr. Dawkins: No, no, no, no, no.
Mr. Odio: That's red lining.
Mr. Dawkins: I want you to say in plain English if you are not involved in
the revitalization of the City of Miami in all areas, do not apply.
Mr. Odio: OK. Item number six, that's red lining, the number six says
participation in City sponsored projects and/or programs. That covers... If
they don't participate, they don't get any...
Mr. Dawkins: Madam City Attorney, word that to let them know that when we
turn it down, they cannot go to court. Will you do that for me, please, and
give it back. I'll pass it with the City Attorney adding a clause that they
_ understand that when they don't participate in all our development, they
cannot be a depository for our funds.
Mrs. Kennedy: I understand. Minority participation is very important as is
the commitment to affirmative action, but most important of all is the
willingness to participate in the areas that we need it the most, like
Overtown.
Mr. Dawkins: I'll move it if they'll accept that amendment that the City
Attorney's preparing.
Mrs. Kennedy: And I'll second with that amendment.
Mayor Suarez: Moved and seconded with said proviso. We're talking about item
35, are we not?
Mr. Dawkins: Yes, Mr. Mayor. OK.
Mayor Suarez: Call the roll.
The following motions were introduced by Commissioner Dawkins, who moved
their adoption:
MOTION NO. 88-42
A MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION
THAT BANKS REFUSING TO ASSIST THE CITY IN ITS
DEVELOPMENT PROJECTS IN TARGET AREAS WILL NOT BE
PERMITTED TO PARTICIPATE IN OTHER CITY PROJECTS.
RESOLUTION NO. 88-42.1
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
DISTRIBUTE AND ADVERTISE THE ATTACHED REQUEST FOR
PROPOSALS (RFP) (ATTACHMENT A) FOR THE PROVISION OF
BANKING SERVICES FOR A THREE-YEAR PERIOD AND
APPOINTING A COMMITTEE TO EVALUATE THE SUBMITTED
PROPOSALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the motions were passed and
adopted by the following vote:
i
41 January 14, 1988
FA
7,d
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.
19. EMERGENCY ORDINANCE: AMEND 1 OF 10347 - REAPPROPRIATE FUNDS FROM
CITYWIDE NEIGHBORHOOD PARK RENOVATIONS: TO SPECIFIC PARK PROJECTS.
Mayor Suarez: Item 42.
Mr. Dawkins: Forty-two. Here we go.
Mayor Suarez: Emergency ordinance.
Mr. Dawkins: Here we go. Forty-two.
Mayor Suarez: Parks improvement plan.
Mr. Dawkins: How much work is being done, Mr. Manager, in Bayfront Park?
Mr. Odio: In the park itself? In the construction of the park?
Mr. Dawkins: Yes. Yes, yes.
Mr. Odio: Well, we're hoping we would finish the park by next year.
Mr. Dawkins: All right, we, this Commission, passed a resolution that there
would be no more work done in Bayfront Park until you had signed contracts of
work that was to be done in all of the other City parks. Please show me the
signed contracts you have for this $8,000,000.
Mr. Odio: Commissioner, we have not signed any contracts in Bayfront...
Mr. Dawkins: Why are you still doing work in the other park then, sir?
Mr. Odio: Wait, we have not done any new work in Bayfront Park because you
ordered me not to do that until we start these other contracts. But I need
for you to approve this so we can move on in giving contracts out for the
parks. We have not issued any new contracts in Bayfront Park since you
ordered us to do that.
Mr. Dawkins: No, but you...
Mr. Odio: What we're doing is just - we are finishing what was started.
Mr. Dawkins: All right, you see, it's semantics.
Mr. Odio: No, no, Commissioner.
Mr. Dawkins: OK? Wait now, wait, Mr. Manager, wait now. We just passed a
resolution to increase a contract for a consultant who is working on Bayfront
Park - you're right, we have not signed any new contracts, but when you
increase his past contract to include more money, that's a new contract, sir.
Because you're giving him more money to work with and you're not spending any
money in these other parks. Right or wrong?
Mr. Odio: Well, the monies that we allocated today at Fuller, Sadao, the
architect, is not City monies, Commissioner.
Mr. Dawkins: Beg your pardon?
Mr. Odio: The money on item 12 is not City funds.
EW
42 January 14, 1988
Mr. Dawkins: But all the other money is City...
Mr. Odio: This is the funds from the private sec...
Mr. Dawkins: But all the other - but all...
Mr. Odio: No, but we are not allocating any more monies to Bayfront Park,
Commissioner, we are not.
Mr. Dawkins: Well, you just allocated some money to Bayfront Park.
Mr. Odio: No, this item 12 is from private sector money that's sitting there.
Mrs. Kennedy: Private donations.
Mr. Dawkins: It's still... what difference does it make where the money is
coming from, you're spending money on the park.
Mr. Odio: OK.
Mr. Dawkins: OK, you're spending money in the park and you're not... and the
other parks are continue to deteriorate, Mr. Manager.
Mr. Odio: I agree with you.
Mr. Dawkins: And you're still telling me that you're finding money - you're
pulling money out of the hat over here. And it's not City money, but it's
money, American money, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: But we can't find any American money over here.
Mayor Suarez: Green money?
Mr. Dawkins: Green money, you know, and it doesn't add up, Mr. Manager.
Mr. Plummer: How much of the 8.3 million is in the bank?
Mr. Dawkins: None. Not zero.
Mr. Odio: John and Carlos.
Mr. Plummer: Of the 8.3 money that is allocated in this 42, how much of it is
in the bank?
Mayor Suarez: You might tell us, as you answer that, if we have finally
reached a resolution of the port bridge.
Mr. Carlos Garcia: That is the only money that is pending, the port bridge
money which is...
Mr. Plummer: Well, that's the biggest part of it.
Mr. Garcia: No, sir, that's...
Mayor Suarez: No, wait, wait, you're telling us then, Carlos, that the 5.9,
I'm sorry, the rest of the bond monies have been issued? We have the money in
the bank?
Mr. Garcia: Yes, sir, the bond monies are in the bank.
Mayor Suarez: Listening to the conversation.
Mr. Garcia: Yes, sir, the only portion that is missing is the port monies.
Mayor Suarez: What interest rate did we get on that sale of bond?
Mr. Garcia: That was part of the Sunshine State Pool, it'n about 5 percent.
It's less than 6 percent, between 5 and 6 percent. It's a variable rate.
Mr. Dawkins: And how much money you have in the bank?
43 January 14, 1988
Mr. Garcia: Of the $8,000,000...
Mr. Dawkins: Of the $8,000,000.
Mayor Suarez: OK, all except for 5.8?
Mr. Garcia: Of the $8,000,000, we have in excess of $5,000,000.
Mr. Dawkins: You got $5,000,000 in the bank?
Mr. Garcia: Yes, sir.
Mr. Dawkins: And don't have one contract signed. Why? Dawkins.
Mr. Garcia: That I cannot answer to that, Commissioner.
Mayor Suarez: One contract, you mean one contract for the neighborhood parks,
is that what he means? If it's for the neighborhood parks, the reason we
don't have them signed is, I guess, we have to approve item 42.
Mr. Odio: You have to approve this.
Mayor Suarez: OK.
Mr. Plummer: Well, but...
Mr. Dawkins: Say what now?
Mayor Suarez: You have to approve item 42 to begin the neighborhood parks
program.
Mr. Dawkins: You got $5,000,000 - OK, see why didn't he bring me the
contracts and then tell me, now you approve this and I got $5,000,000 worth of
work as soon as you approve that, I'm going to go with this.
Mayor Suarez: Well, just about.
Mr. Plummer: Do I recall correctly that the total fund was supposed to be
$16,000,000?
Mayor Suarez: What else is missing of the 16, Carlos?
Mr. Plummer: 8.3 for Bayfront and 8.3 for the neighborhood.
Mayor Suarez: Of the $16,000,000. you're saying almost 6 is going to be from
the port bridge which we don't have our money on.
Mr. Dawkins (Off mike): Wait, Mr. Mayor.
Mayor Suarez: What about the other ten from the...
Mr. Odio: Mr. Mayor...
Mr. Dawkins (Off mike): Mr. Mayor, Mr. Mayor, let's get one thing straight
first. Was it $16,000,000?
Mr. Plummer: That was what was... yes.
Mayor Suarez: Yes, 16 altogether, half and half for...
Mr. Dawkins: You, you, you, youl
Mr. Garcia: There was a special package that was...
Mr. Dawkins: Was it $16,000,000?
Mr. Garcia: There was $16,000,000...
Mr. Dawkins: Well, what happened to the other 8?
44 January 14, 1988
Mr. Garcia: Half of which was for Bayfront Park and the other half was for
neighborhood parks.
Mr. Odio: For neighborhood parks, 50/50.
Mr. Plummer: But wait a minute.
Mr. Garcia: Of the package, everything has been received except the port
monies which is...
Mr. Plummer: But you're telling - wait a minute, excuse me.
Mayor Suarez: So we have 10 in the bank, not 5 in the bank.
Mr. Garcia: Well, for neighborhood parks, we have...
Mayor Suarez: Total, total 10.
Mr. Garcia: Yes, sir.
Mayor Suarez: Thank you.
Mr. Plummer: You have a total of 10 in the bank?
Mr. Garcia: For both Bayfront Park and neighborhood parks. For neighborhood
parks we have only 5 which is half.
Mr. Odio: Excuse me. We cannot spend one dollar in any neighborhood park
until we brought back this ordinance which you approved the plans on November
19th. Now we're bringing this back for your approval so we can issue
contracts on a specific project. And that's why we brought it back as an
emergency ordinance. I don't have any authority to issue any contract on
anything unless you approve it.
Mr. Plummer: We understand that.
Mr. Odio: OK, so...
Mr. Plummer: But, wait a minute, you can't issue contracts if you don't have
the money in the bank and that's what I'm asking.
Mr. Odio: We have $5,000,000 in the bank and we are proposing to start
spending some of that money.
Mr. Plummer: My question still remains is, how much money is totally in the
fund of what is to be 16.6 million dollars?
Mr. Garcia: Everything but $6,000,000. Ten million dollars.
Mayor Suarez: So it's 10.
Mr. Odio: Ten, ten...
Mr. Garcia: $10,000,000 is in the bank.
Mayor Suarez: Sixteen minus 5.9 is roughly 10...
Mr. Garcia: $10,000,000.
Mr. Odio: Ten.
Mayor Suarez: ... that's in the bank.
Mr. Plummer: So, at this point, all you can spend is the 10 million.
Mr. Garcia: That is right.
Mr. Odio: We can spend...
Mr. Plummer: Five on each.
Mr. Odio: That's correct.
45 January 14, 1988
Mayor Suarez: Five on each.
Mr. Garcia: And we expect the port monies to come in within the next couple
of months, I believe.
Mayor Suarez: You told us that six months ago too.
Mr. Garcia: Well, that's... no.
Mr. Odio: Well, what the issue was very complex and it is resolved, I believe
and we're going to see something there.
Mayor Suarez: Well, is it resolved? Just as long as we're making that
statement into the record?
Mr. Odio: The last word that I had Lucia...
Mayor Suarez: John. Are the lawyers being more reasonable?
Mr. John Gilchrist: The lawyers are drafting the final version of an
agreement between the county and Bayside and the City and we've agreed on all
points...
Mayor Suarez: Is there a verbal - OK, there's a verbal understanding.
Mr. Gilchrist: We've agreed on all points, sir.
Mayor Suarez: It's just a matter of signing the documents.
Mr. Gilchrist: Yes, sir.
Mayor Suarez: It might not take two months then.
Mr. Gilchrist: No, no, I think that we're within a month of having it signed.
Mayor Suarez: So now, we'll have the full 16 million package, in the
meantime, we have 10 million and you're asking us that item 42 to approve the
general plan for the parks and then the ordinance appropriating the money. If
we don't do that, we'll never improve the parks.
Mrs. Kennedy: We're never - that's right.
Mr. Odio: If you don't do this, I...
Mayor Suarez: I mean, I don't - what happened to our objector here on this
point?
Mrs. Kennedy: It would be ridiculous not to go ahead and finish.
Mayor Suarez: Well.
Mrs. Kennedy: Well.
Mayor Suarez: It's going to take a 4/5ths vote and I'm glad you're doing it
as an emergency and I guess we've already stated what the emergency is,
obviously we want to get these parks improved and that's an emergency.
Mr. Dawkins (Off mike): I vote no!
Mayor Suarez: I guess we got one vote already.
Mr. Dawkins (Off mike): That's right, no!
Mayor Suarez: OK.
Mrs. Kennedy: Well, I'm going to move the item.
Mayor Suarez: Moved, item 42. Do we have a second?
Mr. Plummer: I'll second it.
46 January 14, 1988
Mayor Suarez: Seconded, thirded. Any further discussion?
Mr. Plummer: Under discussion.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Commissioner Kennedy, at a previous meeting said that there was
to be a committee of five people for each one of these parks to make the
recommendations back to this Commission how that money was to be spent. I'm
asking, has that been done before...
Mr. Jack Eads: Yes, sir, the committee met on...
Mr. Plummer: I'm not talking about now the big park committee that had public
hearings. As I recall, your motion was that in each park, five neighborhood
people would be selected to represent that community to tell this Commission,
OK, you've got $200,000 for your park, how do you want ns to spend it?
Mrs. Kennedy: Correct.
Mr. Plummer: So, actually, you can't spend any money on that thing until such
time as the committee has met and made its recommendations to which this
Commission agrees or disagrees.
Mr. Eads: Yes, sir, that's...
Mr. Plummer: Part of the situation.
Mr. Eads: Yes, sir, that's correct.
Mr. Plummer: OK.
Mr. Eads: The big committee met on Tuesday, they're going back to each one of
the parks on a regular schedule to do a system of notification of the
interested public in that area and go back to each one of those parks and
describe...
Mr. Plummer: No, Jack, that was not - Commissioner Kennedy should speak for
herself. It was my understanding that a committee would be formed of every
neighborhood in which a park allocation of dollars was to be spent. And they
would then come back and say to this Commission or to the big committee, "Hey,
we've got $200,000, we want it spent this way."
Mr. Eads: If that's the case, Commissioner, then we've misunderstood the
direction of the Commission. It was my impression that we were to...
Mr. Plummer: Was that your intent? I'm not trying to slow the process down,
it's just the idea that, you know, so many times this Commission has been
said, "hey, you guys are doing what you want, not what we want."
Mr. Odio: Commissioner, you have in item 42, a list of the projects that the
neighborhood park renovation committee recommended.
Mr. Plummer: That's correct, sir.
Mr. Odio: And that's what we're following. We're not...
Mr. Plummer: That's for the allocation of dollars.
Mr. Odio: We were not instructed to have another committee for it. No, sir.
We were not instructed to have another committee for it, no.
Mr. Plummer: Then, I misunderstood Commissioner Kennedy.
Mr. Odio: Yes, sir.
Mr. Eads: I think, Commissioner, what we understood was to go back to each
one of those parks involved and identify what projects were to be accomplished
there.
Mr. Plummer: I'm just saying, let the people - we have delegated the amount
of dollars per park. That's what we're going to do in item 42, OK? Now, I
47 January 14, 1988
just hope that this Commission will be responsive to the neighborhood that
that money is going to be spent by asking them, what do you think is the most
important way to spend that money?
Mr. Odic: What you're saying then it to start another process of going to the
neighborhoods and say, look, the neighborhood parks renovation committee
approved a million two for pool renovations in you park. Do you agree with
this? And then it will take six more months before we spend one dollar in the
park, sir.
_ Mr. Plummer: Cesar, I'm saying, for example, in Comstock Park, that the _
people of that neighborhood and I'm using this hypothetically, you put in a -
basketball court and maybe they won't use it because they wanted a soccer
field or vice versa.
Mr. Dawkins: Hey, hey, hey, watch it, you're talking about my Haitian
friends.
Mr. Plummer: Well, I'm just talking about that why put in something that you,
the administration, feel they should have rather than something they want and
would use.
Mr. Odic: No, no.
Mayor Suarez: Well, within your discretion and without having to come back to
the Commission, why couldn't there be some neighborhood advisors as suggested
that would help to monitor and occasionally make what would amount to minor
modifications like the Commissioner's talking about, I mean, if all of a
sudden one of the things that's proposed, because the other committee approved
the overall spending level, major.
Mr. Odic: And the needs for each park.
Mayor Suarez: Right, but I mean there would be nothing that would say that a
group of local citizens - this is going to happen anyhow. They're going to
come and tell you why are you doing this? This is not really what...
Mr. Odic: Oh, sure.
Mr. Plummer: Yes, but the problem is they're going to come here afterwards
and scream and say, "why did you do it?"
Mayor Suarez: Right, in other words, if we had a, you know, a group of
_ citizens in each park neighborhood that would say, maybe you should be going
_ in this direction or that direction within the flexibility that you always
have in the construction project of this sort and subject to the Manager's - I
wouldn't want it to keep coming back to the Commission. Commissioner Plummer,
I don't think that's your intent, would it? Or Commissioner Kennedy?
Mrs. Kennedy: Well, we could have the same group of people, the same
committee go to all the neighborhood parks and hold hearings. I don't see any
problem with that.
Mr. Eads: Yes, ma'am.
Mrs. Kennedy: And, in fact, that was probably - and I can't recall my motion,
I don't have it with me.
Mayor Suarez: But do you mean for that to delay, in any way, the improvements
that have already been approved?
Mrs. Kennedy: No, no, no, just to go ahead and continue the hearings.
Mayor Suarez: In case something comes up that would modify anything, but I,
you know, we've otherwise approved it and today with this emergency ordinance,
if we pass it, we have the money appropriated and the work can begin as soon
as the contracts are let out. Commissioner Dawkins wants to know when are the
contracts going to be let out for these different improvements?
Mr. Dawkins: Mr. Manager, I also got another question. The Director of Parks
and Recreation, what is he, race wise? The Director?
48 January 14, 1988
Mr.
Odio: Mr. Golby?
Mr.
Dawkins: Yes, what is he, white, black, Ang... -
Mr.
Odio: 1 think he's - him?
Mr.
Dawkins: OK, he's white.
Mayor Suarez: He's pink.
Mr.
Dawkins: Assistant Director, how many assistant directors you got?
Mr.
Odio: We have Max Cruz that runs the stadiums.
Mr.
Dawkins: Well, that's one Latin. All right, go ahead.
Mr.
Odio: And the other one is...
Mr.
Golby: Al Howard.
Mr.
Odio: Al Howard.
Mr.
Dawkins: Al Howard is white?
Mr.
Odio: Yes, sir.
Mr.
Dawkins: Now, you've got an acting one, he's what?
Mr.
Odio: We don't have... _
Mr.
Dawkins: You got an acting director over there, what is he?
Mr.
Golby: White.
Mr.
Odio: White, eh? White, yes.
Mr.
Dawkins: All right, how many female directors we got over there? Not
one.
Not one black.
Mr.
Odio: Well...
Mr.
Dawkins: But yet you reorganizing everyday you're pulling all these
= things together and you got a whole department here where you reorganized and
you
have not put one woman and one black up there in the top of this.
Mr.
Odio: Well, I need to correct that statement, Commissioner. —
— Mr.
Dawkins: OK, correct that.
—� Mr.
Odio: Number one, when we reorganized, the director was a black and
_�. decided to quit.
Mr.
Dawkins: OK.
Mr.
Odio: And I tried tconvince o him to stay and he decided to quit. And
his
name...
Mr.
Dawkins: Yes, no, no, no, no, no, he decided to go away for more money to
the
county. He did not quit. _
Mr.
Odio: No, sir, he went...
_ Mr.
Dawkins: He did not quit! He went to the county for more money.
Mr.
Odio: He went from...
i
Mr.
Dawkins: He went to the county for more money.
Mr.
Odio: OK, well he quit.
R
Mr.
Dawkins: All right, OK, but he didn't quit!
49 January 14, 1988
F
Mr. Odio: Well, he re...
Mr. Dawkins: You didn't match his salary.
Mr. Odio: He resigned.
Mayor Suarez: He resigned.
Mr. Dawkins: OK, that's better, that's better, that's better.
Mr. Odio: Well, and he did not go without - well, I don't want to discuss
that but he went down because he...
_ Mr. Dawkins: Right now, Mr. Manager, you got one white, you got three white
people running this recreation department and one Latin. OK? And you're
reorganizing.
Mr. Odio: Well.
Mr. Dawkins: Right, now when you reorganize again, I want you to bear in mind
that we need to move to do some more reorganization, OK? That's all.
Mr. Odio: Yes, but, you know you said, we appointed a black and for whatever
reasons he left. We appointed a woman, Kathy Noble, and she decided to leave
and I guess I resent the fact that you're saying that we're not looking into
those areas.
Mr. Dawkins: Well why - OK, I'll wait till you finish. I'll wait till you
finish, OK. Go ahead. Now, so, when you appoint a black and you appoint a
woman, you've made your commitment to affirmative action and when they leave,
because you made your commitment by appointing one, you don't have to meet no
more commitment. Is that correct?
Mr. Odio: No, sir.
Mr. Dawkins: All right, well that's what it sounds like you're saying, sir.
Mr. Odio: But I think sometimes I have to look for the best interests of...
Mr. Dawkins: Oh, so then...
Mr. Odio: ... and what happened is, we had people in place that had been
there for many years like Mr. Howard who took over the responsibility of
recreation when Miss Noble left, besides what he already had. So...
Mr. Dawkins: Is it anybody, OK, Mr. Howard and those people are acting, I
mean, or assistant directors, is that right?
Mr. Odio: Yes, sir.
Mr. Dawkins: Is there anybody assistant to the director?
Mayor Suarez: The next level.
Mr. Odio: There is Susan McKay, a woman, who is it? Juan Pascual is the
assistant to...
Mr. Dawkins: Who?
Mr. Odio: Juan Pascual.
Mr. Dawkins: Juan Pascual.
Mr. Odio: Pascual. He's a Cuban.
Mr. Dawkins: He's a Cuban so we got one act in two. I'll tell you what, Mr.
Manager, provide us with the organizational chart of the recreation; how long
they've been there, what they've been doing and what they get paid, please.
OK?
Mr. Odio: Yes, sir.
50 January 14, 1988
Mr. Dawkins: Thank you.
Mayor Suarez: OK, back to item 42.
Mrs. Kennedy: OK, yes...
Mayor Suarez: Commissioner Kennedy.
Mrs. Kennedy: Your point is well taken, Commissioner, but please let us not
deviate from this very important ordinance that we so badly need to get ahead
with the parks.
Mayor Suarez: The emergency has been stated, Madam City Attorney, throughout
all this discussion, I guess. If we don't pass it, we're not going to begin
- these improvements which the parks are in dire need of presumably, that's the
emergency.
Mrs. Dougherty: Yes, sir.
Mayor Suarez: Anything further on item 427 I'll entertain a motion on item
42.
Mrs. Kennedy: I moved it and Commissioner Plummer seconded it.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any further discussion? Read the
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, ADOPTED NOVEMBER 19, 1987, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, REAPPROPRIATING
VARIOUS AMOUNTS FROM PROJECT NO. 331303, "CITYWIDE
NEIGHBORHOOD PARK RENOVATIONS" TO SPECIFIC PARK
PROJECTS AS RECOMMENDED BY THE PARKS ADVISORY BOARD,
SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and
Plummer, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10364.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: What's the vote, Madam City Clerk?
51 January 14, 1988
Mr. Dawkins: Four to one.
Ms. Hirai: No vote, four to one, sir.
------------------------------------------------------------------------------
20. A) EMERGENCY ORDINANCE: AUTHORIZE BOND ELECTION ON MARCH 8, 1988 - ISSUE
$40 MILLION OF STREET AND HIGHWAY IMPROVEMENT BONDS (SEE LABEL 22).
B) DIRECT ADMINISTRATION TO PLACE ON SEPTEMBER 6, 1988 BALLOT THREE
PROPOSED CHARTER AMENDMENTS: (1) PROPOSED EXPANSION OF OFF-STREET
PARKING BOARD MEMBERSHIP; (2) APPOINTMENTS BY THE CITY COMMISSION TO
OFF-STREET PARKING BOARD; AND (3) PROPOSED APPOINTMENT OF CITY ATTORNEY
AS LEGAL COUNSEL TO SAID BOARD.
------------------------------------------------------------------------------
Mayor Suarez: Item 43, also requiring 4/5ths vote, emergency ordinance.
Mr. Dawkins: What are the streets, Mr. Manager?
Mayor Suarez: Street and highway improvement bonds.
Mr. Dawkins: What are the streets that this money will be used to improve,
$40,000,000?
Mr. Odio (Off mike): Don.
Mayor Suarez: This will be for a total of six years indicated here?
Mr. Don Cather: The list is in the capital improvement program and we have
shown on this map here I have in my hand the areas - oops...
Mayor Suarez: The other way, thank you.
Mr. Cather: ... in which we are proposing to build the new streets. They are
the areas shown in black and the ones in white with the red dot alongside of
them. They're spread throughout the City.
Mayor Suarez: What are the thick black lines? Are those just the outline,
the periphery or are those the actual streets?
Mr. Cather: Those are the planning districts in which the improvements...
Mayor Suarez: OK, so those are not the streets.
Mr. Cather: Yes. We are going to, of course, base our selection of streets
upon the...
Mr. Dawkins (Off mike): Seventeenth Avenue was just done by the county.
Seventeenth Avenue was just done by the county.
Mayor Suarez: Right, these are just boundaries. These are just boundaries.
These are the ones that ... Mayor Suarez: You said the ones, the areas with the
red dots.
Mrs. Kennedy: The one with the red dots?
Mr. Cather: I said the areas shown in black, plus the white ones with the red
dots alongside of them are the areas in which proposed street projects, which
are in the nineteen...
Mayor Suarez: Wait, we got a problem. You're saying the areas shown in
black?
Mr. Cather: The black numbers.
Mayor Suarez: OK, the black dots, what about the black dots?
Mr. Cather: Those are the ones in which we're going to have street
improvements.
Mayor Suarez: What about the...
52 January 14, 1988
Mr. Cather: And the white ones...
Mayor Suarez: Right.
Mr. Cather: ... with the red dots alongside are also ones we're going to have
street improvements in.
Mayor Suarez: What's the difference?
Mrs. Kennedy: Yes, why the different color charts?
Mr. Cather: Well, that was just the way that that map was set up and we
wanted to identify the additional areas there. All of the street
improvements...
Mayor Suarez: Is there any indication what the red dots versus the black dots
that the one is going to go first and the other one second or something?
Mr. Cather: No, they're all listed in your proposed street improvements and
your capital improvement program.
Mayor Suarez: We understand that, but we're not trying to understand this
particular map here, Don.
Mr. Cather: Yes, yes.
Mayor Suarez: Which is a nice pictorial rendition of what you're doing.
Depictional. Now, as...
Mr. Dawkins (Off mike): As improvements, you mean resurfacing, or do you mean
cutting in and putting the sidewalks like you're doing in other areas and no
parking? What do you mean by improvement?
Mr. Cather: When we say improvement, we do not mean just resurfacing. We
mean new sidewalk, curb and gutter and a complete rebuilding of the street,
including storm drainage as required and...
Mayor Suarez: Widening in some cases?
Mr. Cather: In some cases, widening if we have the necessary right of way to
widen it.
Mayor Suarez: What if...
Mr. Cather: In other words, there's a lot of cases where we abandon the
street project because we've only got 30 feet of right of way even though the
minimum dedicated street right of way is 50 feet.
Mayor Suarez: There's also other occasions where you have to abandon the
project because people were against it.
Mr. Cather: Not very many but a few, yes. Like example, 25th Road is a
classic example where we wanted to do a street improvement, they wanted to
keep the streets rough and in lousy condition so it wouldn't put more traffic
in it.
Mayor Suarez: It's not in lousy condition, it's in fine condition. You think
it's in lousy condition, the neighbors unanimously think it's in fine
condition.
Mr. Cather: Yes, OK. But these improvements are scattered throughout the
City; now the reason you'll notice there's no indication of any work to be
done out in the west is because we have extensive sanitary sewer new
construction going in there at which time, all the streets will be resurfaced.
And then after that, then we'll start looking at possible streets which were
not included in the sanitary sewer district resurfacing projects and...
Mayor Suarez: How are we doing on the Edgewater area, is that covered here?
Mr. Cather: The Edgewater is covered, we have already done Edgewater and
we're scheduling another one in nineteen eighty...
53 January 14, 1988
Mayor Suarez: There's still street over there that people are complaining
about.
_ Mr. Cather: Yes, they are scheduled through '88, '89, 191, 192 and '93.
That's Edgewater Street improvement Phase III. Now, the one that you've been
getting letters on is 35th Street which runs into that new apartment building
there and we don't have sufficient right of way to widen that street. No one
has dedicated the large percentage - have not dedicated the property adjacent.
Mayor Suarez: What about resurfacing?
Mr. Cather: Oh, it could be resurfaced, but it's not in that bad a condition.
Mayor Suarez: It's not in that bad condition?
Mrs. Kennedy: When is the projected date of completion?
Mayor Suarez: This is a six year span.
Mr. Cather: This is a six year program.
Mrs. Kennedy: Six years.
Mr. Cather: And we'll do some work every year for the next six years.
Mayor Suarez: How does this compare to the prior six year range or span of
time in terms of the total expenditure? Are we now at a point that we're
spending less money hopefully on streets than in the past?
Mr. Cather: No, we're trying to maintain our present rate of expenditure
j which is just to keep up with...
Mayor Suarez: But, I presume that as time goes by and materials improve,
techniques improve, that we can start having our capital improvements plan to
build things other than streets and I'm hoping that for myself, at least, that
we spend a little less money improving streets now, as you know. That's how I
feel. But you're saying, no, this is basically the same rate of expenditure
for street improvements as we've had in the past?
Mr. Cather: Yes, that is correct.
Mayor Suarez: About $40,000,000 for six years?
Mr. Cather: In six years. Now that is not, you know, compared to other
cities, we are not overdoing it in the slightest. And, personally, I'd like
to see most of the streets curb and gutter.
Mayor Suarez: I know compared to the State, we're not overdoing it because
the State improves streets that need no improvement and builds medians on U.S.
1 when the old median was perfectly fine. And otherwise has a budget for DOT
that, you know, Mr. Taylor and Company feel like they have to spend regardless
of whether people want those improvements to be made and drive everybody crazy
with it in addition to the expenditure and the assessments and everything else
so I don't know what other jurisdictions you're comparing us with but you say
that we're more or less in line. When you compared us to other jurisdictions
there, are you referring to jurisdictions with similar weather patterns as
we've got? Tampa...
Mr. Cather: Yes, because...
Mayor Suarez: ... southern cities, not northern cities with all the snow...
Mr. Cather: Northern cities you'd have to spend a great deal money on
maintenance of highways...
Mayor Suarez: I would think so.
Mr. Cather: ... because of the freezing cycles and the use of salt and a few
other things that cause...
54 January 14, 1988
Mayor Suarez: And we know, of course, the cost of building streets in West
Virginia and places like that with the mountains. We don't have that either.
We have a...
Mr. Cather: Right, we have a very level grade and our cost of constructing
streets is at a minimum. In other words...
Mayor Suarez: Does our water level cause a problem or an increased cost
because we do have a high water level?
Mr. Cather: I would say basically, no, because we have an excellent sub -base
in our lime rock, base sub -base and we have drainage problems but the drainage
problems are relatively simple except that we don't get the propel flows that
we'd like to get if we had a slight grade. You know, we've had a lot more
standing water. That's the biggest problem we have because we can't a get a
good slope to the streets.
Mayor Suarez: Are our housing people still here? Jerry Gereaux still around?
Mr. Cather: He was right outside, yes.
Mayor Suarez: You know, a little competition among our various departments
that like to do capital improvements - I see our planning director here - it
would be helpful. Have you looked at this, Sergio, and satisfied yourself and
Jerry, so you're backed at, you know, the $40,000,000 level of expenditure
over the next six years for street improvements make sense in view of some of
the other cap? This is going to be a GO bond, right Don?
Mr. Cather: Yes, sir. Of which...
Mayor Suarez: People generally approve GO bonds for street improvements
because they think...
Mr. Cather: Yes.
Mayor Suarez: ... that otherwise the streets are going to fall apart, but I
wonder if we're looking at this in a little more competitive fashion for other
kinds of projects that we need to build; including economic development
projects, including housing.
Mr. Sergio Rodriguez: Remember that what you're approving here today is to
take it to the voters. Eventually, you'll have to approve each time that we
need the money so we might not -------money all the time. And, yes, we do
compare this with other capital improvement programs and we have a committee
that reviews this every year to try to see if we have a balance and where do
we need the money the most, in which area, that you approve every year to the
capital improvement appropriations ordinance.
Mayor Suarez: From a planning standpoint, it makes sense to have the level of
street condition that we have in Miami which I think is a very high level of
infrastructure.
Mr. Rodriguez: I think we have to do it, otherwise we're going to have to
play catchup with is more expensive, you know, and I think that what we have
been doing with the efforts of the Public Works Department of continuously
addressing this issue as it comes along is a good way of handling it.
Mayor Suarez: And, Don, are there any new materials being developed that
might extend the life of some of our roads? And are you looking at those
to...
Mr. Cather: Yes, we're using some fabrics which are designed to give the base
more stability and also tie in the drainage so that we don't get the breakup
of the pavement as quickly. Most of these fabrics are developed for bad soil
conditions where you have mud and clays to tie those in together. We are
trying to look at every one of them we come across and we tried them, we put
them on the street and try them and there's a lot of other different things
I'm going to try. One of the things is, you know, the repair of sewers while
they're still in the ground and things like that. We try to keep up on that
but our basic roadway construction, the lime rock base with an asphalt
overlay, has worked out very well because of the type of soil we have
underneath it. I would like very much, if you have an hour, you know, to
55 January 14, 1986
• e
drive around and show you some of the streets that we think really need
improving.
Mayor Suarez: I'm going to have to do that. And, by the way, you know all
the comments we get is, you know, what a magnificent infrastructure, in terms
of roads, our City has. And...
Mr. Cather: These are part of our economic development is a good roadway
system and a good street. You look at the pictures I showed in your brochure
there of what these streets looked like before and after we rebuild them, and
it's economic improvement.
Mayor Suarez: I've seen quite a few of those before and after scenarios, you
know, and it's quite an improvement and it really doesn't - the Little Haiti
area is one that was really suffering from lack of street improvements and is
now much better shape. It took forever to do it, but lately, it's taken a lot
less time in view of our...
Mr. Cather: You look at Manor, the Manor 1, 2, 3, and 4 and you'll see a
substantial difference and you'll see as you go to Manor 1 and see what...
Mayor Suarez: That's 40 what street? Forty...
_ Mr. Cather: Forty-first Street, 42nd, that area there you'll see where the
neighborhoods have lifted themselves up there and after we've made the
improvements, and they've kept up the parkways and done a good job of
maintenance, of landscaping.
Mayor Suarez: The whole city is in much better shape. We need four
Commissioners on this, I gather. The nature of the emergency is to put on the
ballot?
Mr. Odio (Off mike): March, the March ballot.
Mayor Suarez: The March ballot. Can we get another Commissioner out here
that's favor...
Mr. Dawkins (Off mike): What, a Commissioner for what?
Mayor Suarez: To vote on item 43 requires 4/5ths. The street improvements
capital budget, OK. I'll entertain a motion.
Mr. Dawkins (Off mike): Yes.
Mr. Plummer (Off mike): March is a regular county election, correct?
Mrs. Dougherty: Yes.
Mr. Plummer (Off mike): It's not a special...
Mayor Suarez: We're not paying for it, OK.
Mrs. Dougherty: No.
Mrs. Kennedy: No. I move the item.
Mayor Suarez: Moved.
Mr. Plummer (Off mike): Second.
Mayor Suarez: Seconded. Any discussion. Call the roll - read the ordinance.
Mrs. Dougherty: AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD BY TITLE ONLY. Mr. Mayor, in connection with your Off -Street
Parking Authority, I have researched the question. It would take a
referendum, a charter amendment referendum, to expand the board. Now, because
it's a charter amendment, we cannot get it in this March election because we
are required to have 60-days as opposed to the 45-days for the bond election.
Therefore, would you like us to prepare it for the November election?
Mr. Dawkins (Off mike): How long it take to dissolve it?
56 January 14, 1988
Mrs. Dougherty: It wouldn't take: any time at all.
Mr. Dawkins (Off mike): No, ma'am, I said how long does it take to get a -
you need a referendum to dissolve it?
Mrs. Dougherty: No, sir, you need four votes of this City Commission.
Mr. Dawkins (Off and on mike): So that means you won't have to wait till
November - that means that we would not have to wait for November elections,
right?
Mrs. Dougherty: If that was the desire of the Commission.
Mr. Plummer (Off mike): Well, you got elections in September and October.
Mrs. Dougherty: September would be earlier, yes.
Mr. Dawkins: Those that are there are doing a good job, I mean, and as J.L.
said, we don't want to disrupt the whole thing but we also - but I'm in favor
of finding a way to be in charge, that's all. And I'm in favor of finding a
way that this City Commission ►;r in charge. The people elected us to be in
charge. Now, whatever we have to do to do that, then I think that should be
done.
Mrs. Dougherty: Well, we could put it on the ballot to change the powers of
that board, to make them less autonomous also. That's another option, besides
expanding the board to make the powers less autonomous. That could be on your
November election as well.
Mr. Dawkins: OK. Well, bring that back for me and maybe somebody else will
want some of this and we can vote on whatever we want.
Mayor Suarez: Expand, and I think following the Commissioner's idea that the
appointments would be made by this Commission.
Mr. Dawkins: Yes. That's right.
Mayor Suarez: All of them.
Mrs. Dougherty: All the appointments be made by this Commission...
Mrs. Dawkins: Yes, yes.
Mrs. Dougherty: ... and expand the board...
Mayor Suarez: Right.
Mrs. Dougherty: ... to how many people? Or do you want me to bring that
back?
Mr. Dawkins: Nine - to eleven.
Mayor Suarez: Eleven.
Mrs. Kennedy: Either nine or eleven; I think eleven.
Mr. Dawkins: Eleven, that gives us all two and then let me elect their own
chairperson.
Mayor Suarez: That's right. I'll go along with that.
Mrs. Dougherty: Any other modifications in terms of making them more
advisory?
Mr. Dawkins: Yes. If we're in charge, they've got to be advisory if we're in
charge.
Mr. Plummer (Off and on mike): I tell you, I - try to think about that one.
You know, nothing is better than a success than a success. Now, we can have
some discussion which we've had about how it's made up and how it is going to
be operated. And let me tell you something, the Off -Street Parking Authority
is one of the most successful authorities, probably, in the United States.
57 January 14, 1988
They have, as I recall, the fifth best stock portfolio in the United States.
They never have a problem with bonding. They operate very successfully. I
would be very hesitant to, in any way, change the scope of their authority.
We're talking about here increasing the size of the board, I don't have any
disagreement with that. But to change the direction, from a very total
success to something else, I'd have to have a lot of discussion on that before
I would even consider such.
Mayor Suarez: And we're already, you know, following up on that line of
thinking, we're already approving and controlling the operating budget. We're
asking you to come back for every capital improvement. The enlargement of the
board though...
Mr. Plummer: We've got an awful lot of control.
Mayor Suarez: Yes, has been...
Mr. Mulvena: By the way, Mayor and Commissioner Plummer, we have submitted a
resolution in support - I'm saying the board has submitted a resolution in
support of expanding the board. So, you know, you...
Mayor Suarez: Great, so we all agree.
Mr. Mulvena: You're in agreement on that one issue but I think the other
concerns that Commissioner Dawkins raised - I mean Commissioner Plummer, I'm
sorry, and also Commissioner Dawkins - I guess I'm a little off target for
some reason.
Mayor Suarez: Because if you think about it, Jack, this...
Mr. Mulvena: No, don't you do it.
Mayor Suarez: Notice that the Off -Street Parking Authority started off with
one principal asset. Now you're talking about bonding and all of that and all
the great things that it's done. That asset, we're asked now, this Commission
is asked to improve, I believe, to the tune of $10,000,000 which our liability
is going to be at stake, not the Authority's, it's not going to be a nice
revenue bond that all we have to do is just sort of give the blessing to and
doesn't involve our obligation. All of the other principal assets up to now,
that I have seen, are buildings and the Off -Street Parking and those now are
more or less self sufficient which is a good thing, and then we got into the
issue of on -street parking; parking meters all over the place. And we
reached, I think, a very good balance and you've been very responsive and the
new Executive Director is someone one can certainly deal with, but the
Commission controlling the board composition is something that I think is
absolutely necessary. Otherwise, we're going to have the problem of these
appointments, you know, going back and forth like this but we don't... there's
nothing wrong with the individuals, it's just that we don't initiate the
appointments, we don't, a lot of times, know who they are. I have not met
some of these people over the years and, you know, then it gets into the issue
of, you know, it's a black, or not a black, actually we should have the power
of making the nominations and the appointments.
Mr. Plummer: Well, in effect, you do. They submit names to us and we can
just keep disapproving until...
Mayor Suarez: I know that and that happened this morning and it's going to
end up that they're going to end up with three people which is ridiculous.
Mr. Dawkins (Off mike): Disapprove it, they can't operate.
Mayor Suarez: They can't operate, that's not the way to run a business.
Mr. Plummer: No, they come back with three more names. Agreed.
Mr. Mulvena: We would recommend still that you reappoint, what we consider to
be two good board members, with the consideration of doing whatever else you
feel is necessary, you know, with the department.
Mayor Suarez: I would not vote for those two, to tell you the truth, Jack,
had we not done what we're about to do today and reflected a consensus of this
Commission, I think, to expand membership and have this Commission make the
58 January 14, 1988
appointments. Unless the Commissioners want to do it some other way. I don't
want those appointments to come from the board itself. It just creates an
inbred situation over the years, you know, they gave them the impression that
they are self-perpetuating. That's not the way it's supposed to be, at least
for my vote. So, if the Commission feels that way, and we're asking for this
charter provision to be put on the ballot as early as September, maybe
November, I'd go along with the suggested reappointments. It's up to the
Commission what they want to do.
Mr. Mulvena: It would help us carry on with business and we are in a very
critical year.
Mr. Plummer: What are you looking for, a motion to expand the board and to
place it on the ballot?
Mayor Suarez: Yes.
Mr. Plummer: I so move.
Mrs. Kennedy (Off mike): Second.
Mayor Suarez: Moved and seconded. Why don't we go ahead and say the figure
of eleven.
Mr. Plummer: That's fine.
Mrs. Kennedy: That's fine with me.
Mayor Suarez: And the appointments to be made by the Commission in the form
prepared by the City Manager, by the City Attorney rather. Yes.
Mr. Plummer: Fine and the eleventh member would be appointed by the committee
itself.
Mr. Dawkins (Off mike): Yes. Second.
Mayor Suarez: Moved and seconded. The City Attorney is proposing something
that I think is very interesting...
Mrs. Kennedy: How about the chairman?
Mayor Suarez: I think we ought to do, it will be...
Mrs. Kennedy: How about the chairperson of the board?
Mayor Suarez: Yes, yes, yes, get... yes, that we appoint legal counsel.
Mrs. Dougherty: An outside counsel.
Mr. Dawkins (Off mike): Yes, yes, by all means. That's in our purview.
Mayor Suarez: In fact, to the extent possible, why can't we use our own in-
house counsel on this; the City Attorney's office and then you decide when you
need outside counsel beyond that. We're not in an adversary position vis a
via the Off -Street Parking Authority, it's a City agency.
Mrs. Dougherty: We never have been, no.
Mayor Suarez: In any event, I don't know if you want to build that into the
motion or not.
Mr. Dawkins (Off mike): Yes.
Mayor Suarez: We got one that says we do. I kind of like it.
Mr. Dawkins (Off mike): At least I can say up here, go get a black lawyer and
they'll get him. If I tell them, they haven't one over there yet. So at
least I can get one from up here.
Mr. Plummer: The maker of the motion has no problem with that going on the
ballot.
59 January 14, 1988
Mayor Suarez: Maker accepts the amendment, second...
Mrs. Kennedy: Second accepts.
Mayor Suarez: ... accepts it. Any further discussion? Call the roll on that
motion.
Ms. Hirai: Mr. Mayor, before we call the roll on this motion, we haven't
called the roll on the emergency.
Mr. Plummer: Yes, we're on the other. We're still on item 45.
Ms. Hirai: Yes, may we call the roll on the emergency? It has been read but
we have not called the roll.
Mayor Suarez: See, what's happening here, we're changing an empire controlled
by formerly Roger Carlton and Jack Mulvena into one controlled by Lucia
Dougherty. This is working out to be quite a day here.
Mr. Mulvena: Well, if it ain't broke, don't fix it.
Mayor Suarez: The new empire builder....
Mr. Plummer: I'm not concerned about the players as long as it continues to
be an empire.
Mayor Suarez: I think in the spirit of what the board wants to do, I think
we're in good shape here. Any further discussion on this motion? Call the
roll.
Ms. Hirai: May we call the roll first on the emergency, Mr. Mayor? It's
still pending.
Mr. Plummer: 45.
Mayor Suarez: What emergency?
Ms. Hirai: Roll call on the emergency. We have not called the roll on the
emergency.
Mr. Plummer: 45.
UNIDENTIFIED SPEAKER (Off mike): Forty-three...
Ms. Hirai: Yes, 43.
Mr. Plummer: Forty-three, I'm sorry.
Ms. Hirai: The emergency was read. The emergency ordinance was read but no
roll call.
Mayor Suarez: The prior item, you mean. How did we get back into this one so
quickly?
Mr. Plummer: Because Lucia brought up the item about the Off -Street.
Mayor Suarez: Call the roll on item 43 first and then on this motion.
60 January 14, 1988
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING A BOND ELECTION TO BE HELD ON MARCH 8,
1988, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED
$40,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF
_ THE CITY OF MIAMI, FLORIDA, AND THE LEVYING OF A TAX
TO PAY THE PRINCIPAL AND INTEREST THEREON;
ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION;
ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID
ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH;
_ DECLARING AN EMERGENCY TO EXIST AND DISPENSING WITH
THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS;
AND PROVIDING AN EFFECTIVE DATE.
N
Was introduced by Commissioner Kennedy and
Plummer, for adoption as an emergency measure
requirement of reading same on two separate days,
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.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Kennedy 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. 10366.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: OK, on the motion now, for the charter provision.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-43
A MOTION OF THE CITY COMMISSION REQUESTING THAT THE
FOLLOWING ISSUES BE PLACED ON THE SEPTEMBER 6, 1988
(FIRST PRIMARY FOR STATEWIDE OFFICE) BALLOT FOR
CONSIDERATION BY THE MIAMI ELECTORATE AS PROPOSED
CHARTER AMENDMENTS:
1) SHOULD THE CITY OF MIAMI EXPAND THE OFF-STREET
PARKING AUTHORITY MEMBERSHIP TO A TOTAL OF ELEVEN
MEMBERS?
2) SHOULD THE MIAMI CITY COMMISSION BE EMPOWERED TO
MAKE THE APPOINTMENTS TO SAID BOARD?
3) SHOULD THE MIAMI CITY COMMISSION BE EMPOWERED TO
APPOINT THE CITY ATTORNEY AS LEGAL COUNSEL TO SAID
BOARD?
61 January 14, 1988
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commnicsioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
21. (CONTINUED DISCUSSION) CONFIRM REAPPOINTMENT TO OFF-STREET PARKING BOARD
OF: A) DIANE SAULNEY SMITH, AND B) ARTHUR HERTZ (SEE LABEL 17.)
C) DISCUSSION CONCERNING SUBSIDIZING GARAGE ON 1ST
STREET.
Mayor Suarez: Item 32, then, the reappointment of one of the members that
would be Diane Smith.
Mr. Plummer: I move item 32 and 33.
Mayor Suarez: Move 32 and 33. Do we have a second?
Mrs. Kennedy (Off mike): Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-44
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF DIANE
SAULNEY SMITH TO THE OFF-STREET PARKING BOARD OF THE
CITY OF MIAMI FOR A FIVE YEAR TERM EXPIRING DECEMBER
2, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 88-44.1
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF ARTHUR
HERTZ TO THE OFF-STREET PARKING BOARD OF THE CITY OF
MIAMI FOR A FIVE YEAR TERM EXPIRING DECEMBER 2, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I hope the people who have wanted to have input on the Off -
Street Parking Authority matters will now go out and inform the public that
we're very possibly going to have this on the ballot, I guess we will have it.
And that they should - if they want to have this input, go out and make sure
62 January 14, 1988
T
0
the people vote for it. It's kind of a sad thing after we propose such an
amendment that people then don't understand and don't vote for it.
Mr. Mulvena: We want to thank you for the appointments, Commissioners.
Mayor Suarez: Thank you, Jack.
Mr. Plummer: Wait a minute, Jack, let me ask a question. What about that
garage on 1st Street that we're subsidizing for $1,000,000 a year? I told
you, I am not voting again to subsidize that building one penny. I've told
the administration that. Now, I understand the situation with the storage of
the confiscated vehicles is not gone through. Is that correct?
Mr. Mulvena: Well, we had...
Mr. Plummer: Mr. Manager.
Mr. Mulvena: I can respond to that. Since we initiated that idea,
Commissioner, we have accepted a tenancy of some three to four hundred
additional cars on a monthly basis. Which means we are utilizing the garage
more and we're still hoping to include that as another option to further
utilize the garage.
Mr. Plummer: What about your projections for this year an subsidy?
Mr. Mulvena: It will still be required to be subsidized for this year.
Mr. Plummer: How much?
Mr. Mulvena: I don't have those figures readily available but I can get them
for you.
Mr. Plummer: Mr. Manager. I tell you, before I subsidize that thing another
damn dime, let's sell it. Now, if we can't do it in-house, I'm tired of
throwing away taxpayers' money.
Mr. Dawkins: Don't sell it, J.L., because that's where we're going to park
when I build my new City Hall downtown.
Mr. Plummer: Well, I tell you, at a million a year, you can sell it and build
your building. All right, I'll talk with the Manager.
Mayor Suarez: OK.
Mrs. Kennedy: Are you coming back this afternoon with your five year plan?
Mr. Mulvena: Yes, matter of fact, in keeping with all the review and support
that the Commission has done with our budget, we will be back this afternoon
for your review of our five year plan.
Mrs. Kennedy: OK.
Mr. Mulvena: OK?
22. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF $40 MILLION STREET AND
HIGHWAY IMPROVEMENT BONDS (SEE LABEL 20).
Mayor Suarez: Are we still appending item 44, Madam City Clerk?
Ms. Hirai: We have not taken it up yet, sir.
Mayor Suarez: OK, do we have a motion and a second on 44?
Mr. Plummer: Well...
Mayor Suarez: No, I see Sylvia saying no. I'll entertain a motion on
forty...
63 January 14, 1988
s
11
Mr. Plummer: Why do we have to - issue the authorization to issue now? I
thought that was usually done at the time of the sale.
Mayor Suarez: no, we got to get the voters to approve it first, Don.
Mr. Plummer: No, that was item 43.
Mayor Suarez: No, 44 also.
Mr. Plummer: Subject to the election.
Mayor Suarez: Is this the one that authorizes it to be put on the ballot?
Mr. Odio: It's a legal requirement, according to...
Mr. Plummer: It's a legal - all right.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved, we have a second?
- Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION AS
HEREIN PROVIDED, OF NOT TO EXCEED FORTY MILLION
DOLLARS ($40,000,000) STREET AND HIGHWAY IMPROVEMENT
BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE
OF PAYING THE COST OF STREET AND HIGHWAY IMPROVEMENTS;
CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORS THE QUESTION WHETHER SUCH BONDS SHALL BE
ISSUED; DECLARING AN EMERGENCY TO EXIST AND DISPENSING
WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE
DAYS; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
OR Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Kennedy 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. 10365.
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.
64 January 14, 1988
NOTE: Item 44 should have passed prior to item 43. Therefore, the numbers of
these two ordinances have been inverted pursuant to recommendation from the
Law Department.
COMMENTS DURING ROLL CALL:
Mr. Dawkins: I'm voting yes to put it before the voters and see how they feel
about it.
23. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 54 ("ENCROACHMENTS"). PERMIT
ENCROACHMENT NOT RESTRICTING USE OF RIGHT-OF-WAY WHEN SUCH IS ESSENTIAL
TO AUTHORIZE PEDESTRIAN OVER PASS ABOVE SAID RIGHT-OF-WAY.
Mayor Suarez: Item 45.
Mrs. Kennedy: On 45, if there's an accident, the City's not liable, correct?
Mr. Cather: I'm sorry, Commissioner, would you repeat that for me.
Mrs. Kennedy: Is the City liable for accidents?
Mr. Cather: We will not be liable, we will ask to be relieved of liability
and that they will assume the responsibility for this overpass.
Mr. Plummer: Well, this is tied with 46.
Mr. Cather: No, it's tied with... yes, 46.
Mr. Plummer: OK, so obviously what in the Design District, they're going to
put an overpass, that's fine. I'm assuming it's going to be high enough it's
not going to be a - how high is the bottom?
Mr. Cather: Fourteen, six.
Mr. Plummer: How much?
Mr. Cather: Fourteen foot, six.
Mr. Plummer: That's not standard.
Mr. Cather: It's not sixteen feet but that's satisfactory for a street like
2nd Avenue.
Mrs. Kennedy: Could I see the drawing again?
Mr. Plummer: What are you going to do with the eighteen wheelers?
INAUDIBLE COMMENTS.
Mr. Cather: That's fine.
Mr. Plummer: OK. My question is, what refers in 46 to the designation of the
street width? Are you narrowing the street, are you widening the street?
Mr. Cather: What we're doing is by this ordi:;ar,n.e, we are permitting them to
build a foundation 18 inches out into the public right of way to support this
pedestrian overpass. This is a change in policy, but we feel that because of
the necessity of this pedestrian overpass, and the fact that the architect did
not come in and see us ahead of time, -------- that we have to grant is in
order to get this overpass to continue the improve the Design District, but we
want to make sure that this particular encroachment in the right of way is
limited to pedestrian overpasses and nothing else.
Mr. Plummer: What is the City getting back in return for the use of the air
rights?
Mr. Cather: Nothing.
65
January 14, 1988
•
s
Mr. Plummer: Nothing.
Mr. Cather: Other than the improvements to the Design Plaza area.
Mr. Plummer: And is there a provision in this contract that they are liable
for maintenance...
Mr. Cather: We intend to do that.
Mr. Plummer: ... upkeep, repairs. Excuse me?
Mr. Cather: We intend to put that in the permit.
Mr. Plummer: Is it open to the general public?
Mr. Cather: I can't answer that, sir, I don't know. It would be open to the
people passing from the two buildings.
Mr. Plummer: The public right of way is the only question I'm asking.
Mrs. Dougherty: The parking garage is supposedly open 24 hours a day. The
building upon which this connects the parking garage to apparently is not open
24 hours a day but anybody could get into the right of way, they just wouldn't
j go anywhere.
Mr. Plummer: OK. I'll move 45.
Mayor Suarez: So moved.
Mr. De Yurre (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
Mr. Plummer: You've got to justify the emergency because I don't see it.
Mayor Suarez: And then, read the ordinance.
Mrs. Dougherty: This is an order to expedite the construction of the Miami
Design Center overhead pedestrian bridge.
Mayor Suarez: Call the roll.
Mr. Plummer: Wait a minute, you got to have 4/5ths.
Ms. Hirai: Roll call, Mr. Plummer.
Mr. Plummer: You don't have 4/5ths.
Ms. Hirai: Commissioner Kennedy is right here.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR EASEMENTS" TO
PERMIT AN ENCROACHMENT WHICH DOES NOT UNDULY RESTRICT
USE OF THE RIGHT OF WAY OR EASEMENT AREA WHERE SUCH
ENCROACHMENT IS A NECESSARY ESSENTIAL ELEMENT IN THE
CONSTRUCTION OF AN OTHERWISE AUTHORIZED PEDESTRIAN
OVERPASS ABOVE SAID RIGHT-OF-WAY OR EASEMENT AREA,
WITH THE HEREIN EXCEPTION BEING SUBJECT TO COMPLIANCE
WITH ALL OTHER REQUIREMENTS OF LAW; PROVIDING FOR A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, 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:
66 January 14, 1988
AYES: Commissioner Victor De Yurre
commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10367.
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.
-----------------------------------------------------------------------------
24. AUTHORIZE MIAMI INTER -DESIGN PARTNERSHIP TO CONSTRUCT AND MAINTAIN
PEDESTRIAN OVERPASS (NORTHEAST 2ND AVENUE).
------------------------------------------------------------------------------
Mayor Suarez: Tony, were you here to make a statement on
this item, the
Design District?
Mr. Tony West: Tony West, Miami Design District Association,
just...
Mayor Suarez: You're the president, Tony?
Mr. West: No, the Executive Director. Just on behalf of the
association and
all the merchants within the area, the overhead pedestrian
bridge is badly
needed to connect the two buildings, MID I and II. It would
also, you know,
eliminate any pedestrian accidents that may be incurred crossing between the
two buildings.
Mayor Suarez: It tends to make the whole district more self
contained, more
attractive architecturally and in every other respect. Just the
kind of thing
we should be doing there and I hope the Design District folks
understand that
the Commission is behind all the things you're doing there.
Mr. West: We do. We appreciate it.
Mayor Suarez: Continue.
=a
=Ej Mr. Plummer: What's the approximate cost of this?
i
I' INAUDIBLE COMMENTS.
_— Mayor Suarez: Go ahead, go...
INAUDIBLE COMMENTS.
i
-j Mr. Plummer: And who's paying that?
-' UNIDENTIFIED SPEAKER: It has already been designed and built and paid for by
-� MID Partnership and it's sitting there waiting to be erected.
t
Mr. Plummer: Paid for by who?
- UNIDENTIFIED SPEAKER: By MID Partnership, the owner of the properties.
67 January 14, 1988
Mayor Suarez: Yes, it's a privately financed... and I hate to say it and it
sounds silly but pedestrian overpasses, you know, just really add a lot. I
mean, I just love them. I hope we have more of them. I know we have one
planned in the concept of the Latin Quarter Project right over S.W. 8th
Street. Gilchrist loves them too and...
Mr. Plummer: Super in Atlanta.
Mayor Suarez: The GSA project too that will connect the new U.S. Attorney's
Office to the Court and so on and so on. Yes, it's sort of what Atlanta has
been doing.
Mr. Cather: Now going on to item 46 where Commissioner Plummer asked about
the liability, part of this item 46 is that the Design Partnership, MID, has
agreed to hold harmless the City of Miami from all claims of whatever arises
from the construction and maintenance of said pedestrian overpass and walkway.
Mrs. Dougherty: And a million dollar liability policy.
Mayor Suarez: We don't have any... we moved 46, do we have a second? Second.
Call the roll on 46.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-45
A RESOLUTION AUTHORIZING AND PERMITTING MIAMI INTER DESIGN
PARTNERSHIP TO CONSTRUCT AND MAINTAIN A PEDESTRIAN
_ OVERPASS AND WALKWAY OVER AND ACROSS N.E. 2 AVENUE
APPROXIMATELY 100 FEET NORTH OF N.E. 41 STREET BETWEEN THE
MIAMI INTER -DESIGN CENTRE AND THE MIAMI INTER -DESIGN
CENTRE TWO.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
-� Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
25. (CONTINUED DISCUSSION) EXECUTE AMENDMENT TO AGREEMENT WITH FULLER &
SADAO, P.C. FOR PROFESSIONAL SERVICES REGARDING BAYFRONT PARK
REDEVELOPMENT PROJECTS (SEE LABELS 5.11, 7 AND 10).
Mayor Suarez: Item 47.
Mr. Odio: Mr. Mayor, we're ready with the answers on item 12, if you want to.
John Gilchrist is here...
Mayor Suarez: Which is item 12, Mr. Manager?
Mr. Odio: The architects for Bayfront Park. We have the answer that
Commissioner Dawkins requested on the minority participation.
Mayor Suarez: OK, item 12, John.
Mr. John Gilchrist: Yes, we have added Wright Rodriguez and Schindler has a
black minority. I'll have to say that the agreement is not signed yet but it
has been agreed to.
68 January 14, 1988
Mr. Dawkins: Who are they?
Mr. Gilchrist: Ed Wright's firm and that's a contract for $89,000.
Mr. Dawkins: Where is Ed Wright?
Mr. Gilchrist: He was here just a moment ago, sir, but I believe he has left
now. I don't think he knew the item was going to come back up.
Mr. Dawkins (Off mike): OK, OK...
Mayor Suarez: OK, I'll entertain a motion on item 12.
Mr. Dawkins: Wait, who's the Latin? We got the black, it'b $100,000 for the
Latin. Who's the Latin?
Mr. Gilchrist: Oh, the Latins are DeZarraga, Duquesne and... I'm sorry, I
wrote it down here. The other name is Dillon. And, also, Pancoast A Albaisa
Is a 49 percent Hispanic firm.
Mr. Dawkins (Off mike): See, I keep telling you people when I say minority, I
do not mean $500,000 minority firms. OK, I mean those minority struggling
like hell trying to make it. So, any firm that's forty...
Mr. Gilchrist: It's DeZarraga, Donnell and Duquesne who are the...
Mr. Dawkins: Who? Who?
Mr. Gilchrist: DeZarraga, Donnell and Duquesne are the structural engineers
on them.
Mr. Dawkins: OK, thank you. OK, go ahead, Mr. Mayor.
Mrs. Kennedy: I move item 12.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Let the world take notice of who made the motion and
who seconded it on this item. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-46
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT WITH FULLER & SADAO,
P.C., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
INCREASING THE TOTAL FEES TO BE PAID BY THE CITY OF
$153,000 TO A TOTAL OF $1,234,950, WITH FUNDS FOR THE
INCREASE TO BE PROVIDED FROM $153,000 IN PRIVATE
DONATIONS RECEIVED PREVIOUSLY BY THE CITY FROM THE NEW
WORLD CENTER FOUNDATION AND APPROPRIATED TO CIP
PROJECTS 331302-026132-788, 331305-026132-788, AND
331306-026132-788; ALL BAYFRONT PARK REDEVELOPMENT
PROJECTS.
(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:
69 January 14, 1988
ss�
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.
NOTE FOR THE RECORD: MAYOR SUAREZ RECOGNIZED ANDRE DAWSON,
CHICAGO CUBS BASEBALL PLAYER, AND WINNER OF THE NATIONAL LEAGUE'S
MOST VALUABLE PLAYER AWARD FOR 1987.
26. REQUEST BY ASSOCIATION OF PRIVATE BILINGUAL SCHOOLS FOR CLOSURE OF
STREETS IN CONNECTION WITH JOSE MARTI PARADE.
Mr. De Yurre: Mr. Mayor, I have an emergency item that I'd like to bring
before the Commission.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, Mr. Mayor, I'd like to bring before the Commission
requesting a resolution authorizing and directing the administration to
approve closure of streets as requested by representatives of Asociacion de
Escuelas Privadas Bilingues in connection with the Jose Marti Parade event
that's going to be held on January 28th, this coming January 28th, subject to
_ appropriate permits from the Departments of Police and Fire. This is an
annual event that they have and we're running pretty late on this so that's
why I'm trying to move it on an emergency basis.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Thirded.
Mr. Plummer: Just to close the streets?
Mr. De Yurre: Yes.
Mayor Suarez: Any discussion? This is always, every year, Commissioner
Kennedy's favorite event. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-47
4�
A RESOLUTION CONCERNING THE JOSE MARTI PARADE TO BE '
�t CONDUCTED BY BIPRISA ON JANUARY 28, 1988 PROVIDING FOR ■
ji THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
—!� TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE -
-(� DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
-�I SERVICES AND THE REQUIREMENT THAT THE CITY BE INSURED -
AGAINST ANY POTENTIAL LIABILITY; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COST OF CITY
SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and on
i
file in the Office of the City Clerk.)
i Upon being seconded by Commissioner Kennedy, the resolution was passed
t and adopted by the following vote:
70 January 14, 1986
s
•
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.
27. SECOND READING ORDINANCE: AMEND 1 OF 10145 - ALLOCATE BUDGET FUNDS FOR
THE 12TH YEAR CITYWIDE DEMOLITION OF SUBSTANDARD BUILDINGS PROJECT.
Mayor Suarez: Item 47.
Mr. Plummer: Unfortunately, this is far from sufficient amount of money.
Mr. Dawkins (Off mike): What is it, J.L.?
Mr. Plummer: For demolition of substandard buildings. But I guess we got to
approve the monies at least that we have and, hopefully, can get more.
Mrs. Kennedy: You know what I would like, Frank, is an update of the schedule
for this year for the demolitions.
Mr. Frank Castaneda: Commissioner, this is basically reappropriating the
money that we have received in lien repayments and that is all.
Mr. Plummer: Yes, but we get rid of - you know, let me tell you something,
Frank, we talked up here about wanting to help out and wanting to do things in
the drug war. I'll show you one apartment house in Coconut Grove right now on
Douglas Road that is completely vacated, it is an absolute disaster and that
is only being used today as a crack house. Now if we could, I'm sure there
would be no question that that would be declared as substandard house. OK,
and I'm saying to you that if we had the money to go in there and tear that
place down, it's one less place that they've got to go and use those drugs.
But, you know, you're talking about when we get these contracts back, $106,000
doesn't go very far at all, it doesn't go very far at all. That's why I think
if we could get more money - don't we put a lien against the building when we
put the demolition?
Mr. Castaneda: Yes, no this is the $242,000 that you're seeing here is
repayments from the liens that the City of Miami has recovered. So that's
repayment coming back into the City of Miami and that shows that the money is
circulating.
Mr. Plummer: OK, I just think we need more. It's on the corner of Douglas
and Charles, you can't miss it.
INAUDIBLE COMMENTS.
Mr. Plummer (Off mike): It's either Douglas and Charles or Douglas and
Williams, it's right on the corner. It is a disgrace.
Mr. Dawkins: Well, I'm going to be making a motion at the next mee
mean, I'm going to put it on the agenda to see how we can work with
seems to be afraid of him, with Yaweh Ben Yaweh. Because Yaweh Ben Yaweu: is
rehabilitating houses, he's making houses available and three things are
happening to the houses that Yaweh Ben Yaweh is handling. Number one, you
don't see no graffiti on Yaweh Ben Yaweh's houses. Number two, you do not see
any drug activity around Yaweh Ben Yaweh's houses and number two, Yaweh Ben
Yaweh is buying land that white folks can't buy back from him. So I will be
making a motion that the City of Miami find a way since Yaweh Ben Yaweh got
money to rehabilitate housing that we find a way to work with him. I may not
get the votes but I will be bringing it up at the next meeting.
Mayor Suarez: Anything else on 47?
71 . January 14, 1988
Mr. Plummer: Call the roil.
Mayor Suarez: Do we have a motion and a second, Madam City...
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10145
ADOPTED SEPTEMBER 11, 1986, BY APPROPRIATING THE
ADDITIONAL SUM OF $242,315 AT PRESENT ALLOCATED AS
REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, $106,359 IN FIFTH (5TH) YEAR AND $135,956 IN
SEVENTH (7TH) YEAR, SAID AMOUNTS TO BE TRANSFERRED
FROM SAID REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS
IN THE TWELFTH 02TH) YEAR CITYWIDE DEMOLITION OF
SUBSTANDARD BUILDINGS PROJECT, TO BE CARRIED OUT BY
THE BUILDING AND ZONING DEPARTMENT, FOR THE
IMPLEMENTATION OF AN AMENDED TRUST AND AGENCY FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH
0 2TH) YEAR"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 19,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
,1 ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10368.
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.
28. REQUEST URGENT ASSISTANCE FROM THE FEDERAL GOVERNMENT REGARDING PRESENT
REFUGEE INFLUX IMPACTING THIS CITY'S RESOURCES. (SEE LABEL 52.)
Mr. Dawkins: Mr. Mayor, I had a special...
Mayor Suarez: Commissioner Dawkins.
FM O
Mr. Dawkins: I had a special item that I wanted to bring up and I'd like for
the City Attorney to bring it back after lunch. I read in the paper this
morning where our president and his administration is planning to cut refugee
money and what have you. Will you prepare a resolution, Madam City Attorney,
=4 that says that we need as much money as we can possibly get because we expect
an influx of Nicaraguans and we know that if the Haitian election goes off,
{ we're going to have an influx of Haitian and instead of cutting federal money
for refugees, I would like for this Commission to go on record telling the
administration that we need all the help that we can get. And I'd like...
-1 Mr. Plummer: It's horrible.
72 January 14, 1988
Mr. Dawkins: Yes, um humor. See, and they said that 3,000 Cubans and what
have you and we're going to have all these people coming in here and so we
need some help. And I'd like to get a resolution passed and we send it up
there to let them know that. Thank you, Mr. Mayor.
Mayor Suarez: Do you want to make that in the form of a motion at this point?
Mr. Dawkins: Yes, I make a motion.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Mr. Manager, there was a statement
by you and I don't want to argue in any way or put you on the spot or the
defensive, I simply want to know what the reference was when you stated that
there were certain federal funds in reserve or something to that effect
that...
Mr. Odio: It wasn't my statement. Francena Brooks was in the meeting, I was
there and somebody from the Department of Justice asked the programs that
employed - employment programs and Francena Brooks said that we did have funds
still for job programs - through the job programs to hire people and that's
when we subsidize the employer six weeks and we do have some funds...
Mayor Suarez: Those are not restricted, in any way, to...
Mr. Odio: No, no, no.
Mayor Suarez: ... people recently migrated into this country or anything like
that.
Mr. Odio: Right. In fact, I asked the question...
Mayor Suarez: The local population...
Mr. Plummer: Well, they do restrict those.
Mr. Odio: Well...
Mayor Suarez: Well, that's what I want to know.
Mr. Plummer: From time to time, they give a sense of direction to the
programs that you shall emphasize on this program. For example, they had one
here recently that nobody could meet the goals where it was said that it had
to be eighteen year olds to twenty-one year olds who were potential dropouts.
And that program fell flat on its face because they could not get applicants
to apply.
Mr. Odio: I'm glad you asked, because this meeting was to find employment for
2,000 supposedly detainees that are coming to Miami and Francena did make the
statement. My question was to the Department of Justice in that meeting was,
well, you're asking us to help, but do you have any more funds and they said
there were funds available so the story that came out in the Harald was kind
of misleading and...
Ms. Francena Brooks: Right, yes. I think the story that was written - it
restructured what was actually said. We indicated that we would provide the
services of our Jobs Program through both the direct placement and for persons
that qualified for the subsidy to employers that that was too available and we
would help in developing jobs with employers, either using those resources and
other direct placements. Again, the Manager asked the Justice Department and
we followed up on that, regarding whether additional funds would be available
to assist in this effort and they assured us that, yes, that was true,
however, we do not yet know in what form those will be coming.
Mayor Suarez: Of course, the implication too of the article was that the
funds were already like sort of in reserve...
Ms. Brooks: Yes, they, right.
Mayor Suarez: ... like in the bank, you know, and obviously...
73 January 14, 1988
Ms. Brooks: But we didn't say that, no, no. It was our existing program.
Mayor Suarez: Yes, I gather that. OK. Any further discussion? Call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-48
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY DOCUMENTS IN ORDER TO URGENTLY REQUEST
ASSISTANCE FROM THE FEDERAL GOVERNMENT IN CONNECTION WITH
THE PRESENT REFUGEE INFLUX FROM NICARAGUA, HAITI, THE
DOMINICAN REPUBLIC AND CUBA WHICH SERIOUSLY IMPACT ON THIS
CITY'S RESOURCES.
(NOTE FOR THE RECORD: THIS MOTION WAS LATER FORMALIZED AS
R-88-59.)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote: '
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
29. SECOND READING ORDINANCE: AMEND CODE, SECTION 54-104 ("STREETS AND
SIDEWALKS"). MODIFY WIDTH OF NORTHEAST 32ND STREET BETWEEN BISCAYNE
BOULEVARD AND NORTHEAST 2ND AVENUE.
Mayor Suarez: Item 48, width of N.E. 32nd Street.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Do we have a second?
Mr. De Yurre: Second 48.
Mayor Suarez: Seconded. Any discussion. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF
N.E. 32 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2
AVENUE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 19,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
74 January 14, 1988
0
Is
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: * Vice Mayor Rosario Kennedy
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10369.
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: ALTHOUGH ABSENT DURING ROLL CALL, VICE MAYOR
KENNEDY REQUESTED OF THE CLERK TO BE SHOWN VOTING YES ON THE MOTION.
30. SECOND READING ORDINANCE: AMEND CODE, SECTIONS 2-392 THROUGH 2-399
("CODE ENFORCEMENT BOARD"). UPDATE PROVISIONS DUE TO RECENT CHANGES IN
FLORIDA LAW.
Mayor Suarez: Item 49.
Mr. Plummer: Move it.
Mayor Suarez: Law Department item updating to conform with state law. Moved.
Mr. Dawkins (Off mike): Second.
Mayor Suarez: Second. Any discussion? Read the ordinance.
Mr. Plummer: Still for the record, I say that the Code Enforcement Board does
not have the clout that it should have to really do the job that needs to be
done and whatever we can do in the future in the state legislature to give
more clout to that board, we should definitely do it.
Mayor Suarez: It's for this year's legislative package.
Mr. Plummer: So be it.
Mayor Suarez: Call the roll.
Mrs. Dougherty: Did we make a motion and a second?
Mr. Plummer: Yes. I made the motion.
Mayor Suarez: Yes, the motion's been made. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, ENTITLED
"CODE ENFORCEMENT BOARD" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY UPDATING THE PROVISIONS
OF SAID ARTICLE TO CONFORM WITH RECENT CHANGES IN THE
FLORIDA LAW GOVERNING LOCAL CODE ENFORCEMENT BOARDS;
MORE PARTICULARLY AMENDING CODE SECTIONS 2-392, 2-3939
2-394, 2-395, 2-396, 2-397. 2-398, AND 2-399;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading
by title at the meeting of
November 19, 1987, was
=�f
taken up for its second and
final reading by title and
adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second
and final reading by title
and passed and adopted
—1
by the following vote:
—r
75
January 14, 1988
ti
•
s
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: * Vice Mayor Rosario Kennedy
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10370.
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: ALTHOUGH ABSENT DURING ROLL CALL, VICE
MAYOR KENNEDY ASKED THE CLERK TO SHOW HER VOTING YES ON THE
MOTION.
31. SECOND READING ORDINANCE: AMEND VARIOUS SECTIONS OF CODE ("GARBAGE AND
TRASH"): CLARIFY "COMMERCIAL ESTABLISHMENTS", "CONDOMINIUMS", AND
"RESIDENTIAL UNITS"; PROVIDE MONTHLY BILLING OF BIN RATES; ANNUAL RIGHT-
OF-WAY CLEANING FEE; FEE SCHEDULE FOR COMMERCIAL GARBAGE SERVICES; LIMIT
VOLUME OF BULK WASTE; ETC.
Mayor Suarez: Item 51, second reading of the garbage and trash.
Mrs. Dougherty: Fifty-one?
Mayor Suarez: Fee ordinance.
Mrs. Dougherty: How about fifty?
Mayor Suarez: This was debated at length, I believe, in the first reading.
Moved. Do we have a second?
Mr. Dawkins (Off mike): I'll second it.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF
CHAPTER 22, ENTITLED "GARBAGE AND TRASH", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED: SECTION 22-
1 TO DEFINE AND/OR CLARIFY "COMMERCIAL
ESTABLISHMENTS", "CONDOMINIUMS", AND "RESIDENTIAL
UNITS"; SECTION 22-12 TO PROVIDE FOR A MONTHLY BILLING
OF BIN RATES AND AN AMENDED ANNUAL PUBLIC RIGHT-OF-WAY
CLEANING FEE AND TO AUTHORIZE THE ESTABLISHMENT OF A
SCHEDULE OF FEES FOR COMMERCIAL GARBAGE SERVICES
FURNISHED BY THE CITY WHEN ADDITIONAL VOLUME OR
FREQUENCY OF COLLECTION SERVICES IF REQUIRED; SECTION
22-16 TO LIMIT THE VOLUME OF BULKY WASTE PER PICKUP
AND TO AUTHORIZE THE ESTABLISHMENT OF A SCHEDULE OF
FEES FOR ADDITIONAL BULKY WASTE COLLECTION; SECTION
22-28 TO ENLARGE THE SCOPE OF FEES THAT CONSTITUTE
SPECIAL ASSESSMENT LIENS UPON BECOMING DELINQUENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of December 10, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner De Yurre, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
76 January 14, 1988
}
AYES: Commissioner Victor De Yurre
Commissioner biller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10371.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32. DISCUSS AND DEFER PROPOSED FIRST READING ORDINANCE TO AMEND CODE,
SECTION 38-48: ESTABLISH "BOAT RAMP FEES" FOR USE OF PUBLIC BOAT RAMP
FACILITIES.
Mayor Suarez: Item 52, first reading, boat ramp fees to be assessed. What
are we doing on this, Jack? I mean, Walter? Anybody, Jack?
Mr. Jack Eads: We've tried, Mr. Mayor, to develop revenue sources within the
City. This is one of them we're talking about the boat ramp immediately the
other side of the Exhibition Center. It's redone, it's very attractive now
and we hope to make it to add to the marina improvement fund through the
operation of it.
Mayor Suarez: How are we going to collect that from a boat ramp? What do we
do, put some kind of a...
Mr. Eads: Have an attendant there during hours of op...
Mayor Suarez: You're pretty sure you're going to get more money than what the
attendant's going to cost us?
Mr. Eads: Yes, sir.
Mayor Suarez: Walter, want to try this one?
Mr. Walter Golby: This one is being done throughout the county also.
Mayor Suarez: Where have we done this in the past, if anywhere?
Mr. Golby: We have not done this in the past, but the county has and they
have been operating theirs on a weekend basis and that's what we intend to
start up.
Mr. Dawkins (Off mike): How much will it cost to put a person there to
collect the fees?
Mr. Golby: We feel that on an end year basis, that we should come out with
about $5,000 in surplus funds.
Mr. Dawkins (Off mike): That's not what I asked. I mean - De Yurre as him in
Spanish, OK.
Mayor Suarez: That would mean like, let's say for example, twenty-two...
Mr. Dawkins (Off mike): How much would it cost to hire a person full time to
stand there to collect fees? What's the entrance salary for a person in the
Parks & Recreation Department?
Mr. Eads: Well, we expect the operation the first year to cost us 410,000
expenses.
Mr. Plummer: Not included, not included in...
77 January 14, 1988
-EA
Mr. Dawkins (Off mike): Expenses.
Mayor Suarez: And to collect fifteen.
Mr. Dawkins (Off mike): How many ramps are we talking about placing people
at?
Mr. Eads: One ramp right now, Commissioner.
Mr. Dawkins (Off mike): So if a person decides to not use that ramp and go to
Morningside and put his boat in at Morningside, he won't have to pay.
Mayor Suarez: Or Monty Trainer's property over there.
Mr. Eads: That's correct or right now, he can go down to Monty Trainer's -
next to the boxing gym and can...
Mr. Dawkins (Off mike): That's going to be our pilot program.
Mr. Plummer: How much is the fee?
Mr. Golby: Four dollars.
Mr. Eads: Four dollars.
Mr. Plummer: And that's what the county is charging?
Mr. Golby: Yes, sir.
Mrs. Dougherty: We've amended that to say per launch, not per launch per day.
Mayor Suarez: I can't see it. I cannot see it. It's just adding to the
bureaucracy, it's a disincentive to people. That marina, isn't it, Walter,
the most lucrative publicly owned marina in the country, somebody told me?
Mr. Golby: Yes, sir.
Mayor Suarez: And we're going to add a person there to keep the general
public which may be people with small boats from launching their boats. I
don't see it. To make $5,000 a year and have to incur the cost of another
employee that has to be supervised and, obviously, he's not going to be there
24 hours a day.
Mr. Eads: No, sir.
Mayor Suarez: So we're not going to stop them from -is there any nighttime
use of that ramp envisioned? There you go.
Mrs. Kennedy: And, again, what are the projected revenues?
Mr. Eads: We expect to make approximately net revenue of a little over $5,000
a year from it.
Mayor Suarez: Is there any other reason for this other than the revenue
aspect of it? I mean...
Mr. Eads: Well, it does provide a bit of control over there...
Mayor Suarez: That's what I meant, I mean, is it...
Mr. Eads: There are times when that's an extremely busy, dangerous and not
exactly a pleasant place to be around.
Mayor Suarez: It's one of the more used ones I gather, huh?
Mr. Eads: Yes, air.
Mayor Suarez: You see, because that could be another purpose, I suppose, to
sort of create a somewhat of a disincentive to use that one by having a
differential.
78 January 14, 1988
Mr. Eads: Well, not so much a disincentive, but rather a little more
organized fashion and...
Mayor Suarez: Incentive to use the other ones. Yes.
Mr. Plummer: Why don't we think about this one and defer it till the next
meeting?
Mayor Suarez: Sounds good to me.
Mr. Plummer: I'll move to defer.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roil.
Mrs. Kennedy: Under discussion, has anybody had any feedback from this? Any
of my fellow Commissioners?
Mayor Suarez: No.
Mrs. Kennedy: No, I haven't either.
Mr. Plummer: You haven't instituted it yet.
Mayor Suarez: Possibly because they don't know it's going to be instituted,
Yes.
Mrs. Kennedy: They don't know it's on.
Mr. Plummer: Let me ask this question while we're on that. What is the
status at the present time of the one at Watson Island?
Mr. Eads: We're in the process of getting permits for that. The Miami
Outboard Club will, in essence, pay for the construction of it. We're going
to get the permits to do that.
Mr. Plummer: That's been going on for almost a year. It's been closed.
Mr. Eads: Yes, sir. They've just submitted this - well not just - a couple
of months ago, we got the design back. Now, we'll take the design and get the
permits.
Mayor Suarez: Call the roll on the motion to defer.
On motion duly made by Commissioner Plummer and seconded by Vice
Mayor Kennedy, the motion to defer the foregoing matter was passed
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.
79 January 14, 1988
------------------------------------ ------------------- - --- - -- ---------
33. REFER PROPOSED FIRST READING ORDINANCE REGARDING SUBSEQUENT RENEWAL OF
EMPLOYMENT FOR POLICE OFFICERS WHO RESIGN TO CIVIL SERVICE BOARD FOR
FURTHER CONSIDERATION.
------------------------------------------------------------------------------
Mayor Suarez: Item fifty-three.
Mr. Plummer: What is the reason for this change?
Mr. Odio: The Police Chief felt that we sometimes lose police officers that
are highly qualified and then because they resign for whatever personal
reasons whatever and he would like to - sometimes they would like then change
their mind and want to come back and we can't bring them back and they're
already trained officers, we saved the money on training. And the state
changed theirs too from what I'm told, but basically, I talked to the Chief...
Mrs. Dougherty: This is the only department that has that restriction.
Mr. Plummer: Once they terminate, for whatever reason, how long is their
certification good?
Officer Joseph Longueira: I believe what's happened, sir, they've removed a
date on that and what they have is when an officer comes back, they allow him
to be retrained, not have to go through a whole academy program but go through
an updating, OK? And what the state did, they removed that two year
limitation on rehires and we just want to be brought in line with the state
policy.
Mr. Dawkins (Off mike): Rehired as policemen?
Mr. Longueira: Yea.
Mr. Plummer: What is the state now? Is there a maximum year?
Mr. Longueira: No, no, they remove the cap completely and we're just
recommending ours to be the same.
Mr. Plummer: If the Chief recommends it, I move it.
Mrs. Kennedy: And I second.
Mr. Dawkins (Off mike): I second it and under discussion, I...
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins (Off mike): I would be in favor of it. We've got a trained
individual who we've put money in to train to become a policeman and this
individual is willing to come back to work in the field that we trained him
in, we're going to save money by not having to retrain - I mean to train
another individual so I'll be for it 100 percent.
Mr. Plummer: Let me just ask one question. Let's assume a man terminates as
a sergeant. He is rehired.
Mr. Dawkins (Off mike): As a private.
Mr. Plummer: Does he go back in at the bottom level?
Mr. Longueira: Yes, sir.
Mr. Plummer: He doesn't go back in as he went out.
Mr. Longueira: No, sir. There's no provisions for that.
Mr. Plummer: So it doesn't create a rollback of any kind?
Mr. Longueira: No.
Mayor Suarez: Doesn't apply retroactively either, does it?
80 1 January 14, 1988
w 10
Mr. Longueira: No, well...
Mayor Suarez: To anyone that was not covered by the statute. By the
ordinance.
Mrs. Dougherty: Anybody who applies now.
Mayor Suarez: Right, but I mean no one who has...
Mr. Plummer: Has to be within two years from their termination.
Mayor Suarez: Right, but I mean no one who is now in this situation that
would be covered by it, that has already resigned from the department and been
out...
Mr. Plummer: Oh, there's plenty of them, I'm sure.
Mayor Suarez: But, does this ordinance apply to them or is it prospective for
people who now leave the department?
-i Mr. Plummer: Is it retroactive in other words?
Mrs. Dougherty: It would apply to anybody who is now left the department.
Mayor Suarez: Who now is in the department.
Mr. Plummer: No, left the department.
Mrs. Dougherty: Who has left the department within the last two years.
Mr. Plummer: No, this would change that. If a guy resigned ten years ago, if
you approve this...
Mrs. Dougherty: That's correct. That's correct.
Mr. Plummer: ... he could reapply where he couldn't under this law.
Mrs. Dougherty: But he could have reapplied eight years ago. No, he could
have applied eight years ago.
Mr.
Plummer:
Let's talk to another aspect. You'd
better talk to it right now
_
because you're going to have to in the future.
What about his right of
�jj
pension?
it
Mr.
Dawkins:
His what, now?
=i
Mr.
Plummer:
His right of pension.
Mr.
Dawkins:
He withdrew his pension when he quit,
when he resigned.
Mr.
Plummer:
Ah, ah, ah, but is he going to be
able to buy back the time?
F
You
better speak
to it, it's not a simple thing.
o;
Mr.
Dawkins:
Well, that's why we got you here. You've been here long enough
to
tell us what we're doing, that's right.
Mr. Plummer: You know, this is the thing that comes up, "Hey, I left, but I
want to buy back my time," blah, blah, blah. You know, you better speak to it
right now that if he comes back...
Mr. Dawkins: He starts all over period.
Mr. Plummer: ... that his pension, he cannot buy back the time that he had
built and accumulated up to that point.
Mr. Longueira: Sir, under the present system, without this change, he can buy
back now.
Mr. Dawkins: Well, we're raying you can't buy back.
Mrs. Kennedy: Yes, but we don't want that to happen.
81 January 14, 1988
I
Mr. Dawkins: We don't want her to buy back.
Mrs. Dougherty: J., you can't change that.
Mr. Longueira: OK, well then there... that's another change, I don't...
Mr. Plummer: Yes, but this is going to affect the pension. It could affect
the pension ordinance. You'd better speak to it now because if not, when you
speak to it in the future, it's going to be a negotiated item in the union and
it could cost you a small fortune. Now, you know, this is not just a simple
thing. You got another problem in the Fire Department that men are quitting
just to get their draw down pay in a lump sum and then want to go immediately
back. OK, now I'm saying to you that this is not just as simple as I see it,
on its face as what is between the lines.
Mayor Suarez: Mr. Manager, we'd better clarify that it doesn't apply to
anyone who's already resigned recently because...
Mr. Plummer: Well, it's not spelled out here, that's what I'm saying.
Mayor Suarez: ... right, exactly because we've had many of those. I don't
imagine that most of them would want to come in at the rank of enlisted
officer at this point but maybe they would, I don't know.
Mr. Dawkins: J.L.
Mr. Plummer: Mr. Mayor, the proffer that I just had, I think, is to ask the
Civil Service Board to look at this further and delineate and spell out all of
the ramifications contained and bring it back to this Commission.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Plummer: Especially in the area of pension.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-49
A MOTION OF THE CITY COMMISSION REQUESTING THE CIVIL
SERVICE BOARD TO REVIEW PROPOSED AMENDMENT TO CODE
SECTION 40-94(b) WHICH WOULD REMOVE THE PRESENTLY
INSTITUTED TWO-YEAR LIMITATION FOR REEMPLOYMENT
ELIGIBILITY OF POLICE OFFICERS FOLLOWING RESIGNATION;
FURTHER REQUESTING OF THE BOARD THAT THEY PAY SPECIAL
ATTENTION TO THE AREA OF PENSION; AND FURTHER
REQUESTING THE CITY MANAGER TO COME BACK WITH A
RECOMMENDATION.
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.
NOTE FOR THE RECORD: MR. ANDRE DAWSON, A NATIVE MIAMIAN, WAS
AGAIN RECOGNIZED BY THE COMMISSION FOR HIS OUTSTANDING
CONTRIBUTION TO MAJOR LEAGUE BASEBALL. MR. DAWSON SIGNED SOME
BASEBALLS, ADDRESSED THE AUDIENCE AND WAS PHOTOGRAPHED.
82 January 14, 1988
34. FIRST READING ORDINANCE: AMEND 1 OF 10269; INCREASE APPROPRIATIONS FOR
SPECIAL REVENUE FUND ("RECREATION PROGRAMS FOR THE MENTALLY
HANDICAPPED - CONSOLIDATE"); AUTHORIZE ADMINISTRATION TO ACCEPT
ADDITIONAL GRANT AWARD. (SEE LABEL 36.)
Mayor Suarez: Fifty four.
Mr. Plummer: Move it.
Mayor Suarez: Moved. I think it's a...
Mr. Plummer: Accepting a grant from the State of Florida for the Handicapped
Program.
Mr. Dawkins (Off mike): Second.
Mayor Suarez: Oh, fifty four, right, I'm sorry. Moved and seconded. Any
discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10269, ADOPTED MAY 14, 1987, CONCERNING THE SPECIAL
REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR THE
MENTALLY HANDICAPPED - CONSOLIDATED," BY INCREASING
THE APPROPRIATIONS TO SAID FUND BY $279,537 COMPOSED
OF $234,537 FROM THE STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES AND $45,000 FROM
FISCAL YEAR 1987-88 SPECIAL PROGRAMS AND ACCOUNTS,
MATCHING FUNDS FOR GRANTS, TO CONTINUE THE OPERATION
OF THE AFOREMENTIONED GRANT PROGRAM; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE ADDITIONAL GRANT AWARD AND
TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S) TO ACCEPT THE ADDITIONAL GRANT AWARD;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
35. ACCEPT PROPOSAL FROM MIAMI RIVER GROUP, INC., FOR RESTAURANT OPERATIONS
IN FORT DALLAS PARK AND MAINTENANCE OF THE PROPERTY, WITH CERTAIN
PROVISOS. (SEE LABEL 83.)
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, can I bring this up here...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ... it's been passed out to us by the administration. It's the
awarding of the Ft. Dallas Restaurant. We all have copies of it for a
83 January 14, 1988
proposal of a restaurant there. It's gone through the normal procedures and I
so move that it be adopted.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-50
A RESOLUTION ACCEPTING THE PROPOSAL OF MIAMA RIVER
GROUP, INC. SUBMITTED IN RESPONSE TO THE REQUEST FOR
PROPOSALS ENTITLED "RESTAURANT OPERATIONS IN FT.
DALLAS PARK AND MAINTENANCE OF FT. DALLAS PARK
PROPERTY", SUBJECT TO AND CONTINGENT UPON SAID
PROPOSER'S SUBMITTAL OF A FINANCIAL PLAN ACCEPTABLE TO
THE CITY WITHIN THIRTY DAYS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A MANAGEMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND MIAMA RIVER GROUP, INC.,
j BASED UPON THE ATTACHED REQUEST FOR PROPOSAL AND SAID
PROPOSER'S SUBMITTALS THERETO.
(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:
E 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.
------------------------------------------------------------------------------
36. (CONTINUED DISCUSSION) CLARIFICATION COMMENTS REGARDING APPROPRIATION OF
FUNDS FOR THE SPECIAL REVENUE FUND "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED" (SEE LABEL 34).
------------------------------------------------------------------------------
Mayor Suarez: Item, item...
Mrs. Kennedy: Mr. Mayor, back on fifty-four...
-jj Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... please, has any other monies from other departments being
?� used to run this program? On item 54. Such as Day Care Centers.
f
Mr.
Dawkins (Off mike):
Fifty-four?
f
_E(
Mayor Suarez: The one we
just passed.
{f;
Mr.
Plummer: No, this is
mentally handicapped.
Mr.
Kevin Smith: No Ma'am, this is strictly handicapped division.
�f
�I
Mrs.
Kennedy: OK, so no
other programs - no other monies from other programs
have been used.
1
j4
Mr.
Smith: No, Ma'am.
84 January 14, 1988
Mrs. Kennedy: Oh, OK.
Mayor Suarez: Did we vote on 54 already?
Mr. Plummer: Yes.
Mrs. Kennedy: Yes, I just was...
Mayor Suarez: OK, clarification complete, Madam Vice Mayor?
37. FIRST READING ORDINANCE: AMEND CODE, SECTION 54.5-8 ("PLATS AND
PLATTING -PROCEDURE -FINAL PLAT"); PROVIDE TIME LIMITATION FOR RECORDATION
OF APPROVED PLATS; ETC.
------------------------------------------------------------------------------
Mayor Suarez: Item 55.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll. Platting Procedure.
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY ADDING A NEW PARAGRAPH TO
SECTION 54.5-8, "PLATS AND PLATTING -PROCEDURE -FINAL
PLAT"; PROVIDING A TIME LIMITATION FOR RECORDATION OF
PLATS AFTER APPROVAL BY THE CITY COMMISSION; PROVIDING
FOR RECISION OF APPROVAL OF PLATS BY THE CITY
COMMISSION; PROVIDING FOR AN EXTENSION OF THE TIME
LIMITATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
85 January 14, 1988
------------------------------ --- - --------------- - - ----------------
38. FIRST READING ORDINANCE: AMEND CODE, SECTION 31-48 (1); PROVIDE THAT ANY
AND ALL INSURANCE POLICIES WRITTEN WITHIN THE CITY SHALL BE SUBJECT TO
OCCUPATIONAL LICENSE TAX.
------------------------------------------------------------------------------
Mayor Suarez: Item 56.
Mr. Plummer: Item 56, Mr. Manager, I'm finally after a year and a half
getting this thing passed. How do you propose to collect these monies?
Mrs. Kennedy: Right.
Mr. Odio: OK, the Florida League of Cities will do it for us.
Mr. Plummer: Through their program...
Mr. Odio: Through their program.
Mr. Plummer: ... because it only costs you 2 percent for collection.
Mr. Odio: That's what we're doing.
Mr. Plummer: OK.
Mrs. Kennedy: And how much is the City expected to make?
Mr. Plummer: You could get an awful lot of money through this program. I
think that they collected a total last year of $1,500,000 and a City this
size, you could be getting an awful lot of money. I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 31-48(I), OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE
THAT INSURANCE COMPANIES WRITING ANY CLASS OF
INSURANCE UPON ANY PERSON, INCORPORATED OR
UNINCORPORATED BUSINESS ENTITY OR PROPERTY RESIDING OR
LOCATED WITHIN THE CITY SHALL BE SUBJECT TO THE CITY'S
OCCUPATIONAL LICENSE TAX; FURTHER SETTING FORTH THE
RATE FOR SAID TAX; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
86 January 14, 1988
it a
39. FIRST READING ORDINANCE: AMEND 1 OF 10289: INCREASE APPROPRIATION IN
SPECIAL REVENUE FUND ("NEIGHBORHOOD JOBS PROGRAM - FY '88"); AUTHORIZE
ADMINISTRATION TO ACCEPT GRANT AWARD.
------------------------------------------------------------------------------
Mayor Suarez: Item 57.
Mr. Dawkins (Off mike): Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, on 57 and 58, I said last
year and I'll say again this year, if we are sincerely sincere about drug
abuse amongst youngsters, we will do all that we can to stop youngsters from
abusing drugs. Now last year, they said we could not take money and refuse to
hire youngsters who test positive for drugs in the summer work program. I
said then, that if we could not do it, then we should not participate. I am
not going to sit here and watch little boys and girls who do not indulge in
drugs be penalized by those who do. And then we say, because you've been good
and you have not participated in drugs, you just don't get anything. So I
will say now, in the event that the summer work money does not permit us to
reward youngsters who do not participate in drugs, then we don't need it.
That's my one vote. Now I have a letter here which says nothing from the
State of Florida which says that we cannot stop addicts from working in the
summer program so, therefore, the City of Miami should not participate in the
summer work program because if you do, we are condoning the use of drugs and
which the President said he's against, which Nancy Reagan says she's against,
which George Bush say he's against, which everybody in the administration is
against but yet, you have federal legislation that will not permit you to
encourage youngsters not to use drugs.
Mr. Plummer: Well, how does this differ from our uniform policy of no City
employees using drugs?
Mr. Frank Castaneda: Commissioners, they are not City employees.
Commissioners, can I get...
Mayor Suarez: By the way, one of those opinions, Frank, that we received, I
believe from the federal government made mention of the fact that addicts are
envisioned as participating in the program. Obviously, they don't mean that
quite the way it sounds. What do they mean?
Mr. Castaneda: What it means is that...
Mayor Suarez: Former addicts, people...
Mr. Castaneda: Former addicts, and so forth.
Mayor Suarez: ... who might, otherwise, be trying to rehabilitate themselves
from a prior addiction or what do they mean by that?
Mr. Castareda: People handicapped. What happens is that that's included
under the handicap classification, people that have problems with drugs, you
know, obviously are having financial problem or having school problems and
obviously they could qualify. The idea of this program...
Mayor Suarez: Who are under treatment.
Mr. Castaneda: Right, who try to rehabilitate kids...
Mayor Suarez: Supervised treatment. What kinds of jobs would those people
do, if I may ask, if they're - while still under treatment? Still technically
addicted.
Mr. Castaneda: Commissioners, to tell you the truth, we did have any summer
use kid last year that was, you know, because of drugs was impaired in any
way.
87 January 14, 1988
Mr. Dawkins: We did have some that tested positive and we had to go hire
them. Don't say that, Prank.
Mr. Castaneda: No, no, yes, no, no, but what I'm saying is that...
Mr. Dawkins: We had youngsters that tested positive for drugs and we hired
them.
Mr. Castaneda: Commissioners, can I give you another point of view?
Mr. Dawkins: No, no, but say yes or no to my answer a question.
Mr. Castaneda: We didn't...
Mr. Dawkins: Did we have youngsters that tested positive for drugs and we
hired them?
Mr. Castaneda: Sure.
Mr. Dawkins: OK. All right, now go ahead with what you have to say now.
Mayor Suarez: What drugs?
Mr. Ivey Kearson: My name is Ivey Kearson, I'm from the Department of
Community Development. We didn't have any kids tested last year. So no kids
were tested...
Mayor Suarez: Did we have any incidents where kids seemed to be impaired in
any way or...
Mr. Kearson: No, not at all. In fact, we didn't have a problem at all with
the kids last year. The kids are selected by...
Mayor Suarez: Do we have the impression that we have some that had drug
problems last year?
Mr. Kearson: No, we did not. The kids are selected by the schools. We have
a dropout prevention program and a work experience program. They're selected
by the schools. We've been dealing with Northwestern Jackson Senior High
School and Miami High and, frankly speaking, I think it's the school's
responsibility that there's a problem to test those kids. But we did not test
any kids and the kids performed very well last year. In fact, we painted six
parks. we sodded 14 parks, and we had kids to restore bikes that were
confiscated by the Police Department to be given to the needy. So the kids
did an outstanding job last year.
Mr. Dawkins: All I'm saying to you, sir, is that you had some that did not
test positive for drugs and you put them to work. I don't have a problem
with...
Mr. Kearson: We didn't have any test pos...
Mr. Dawkins: Wait a minute! Let me finish now. Let me finish. I let you
finish now I want you to let me finish. If we had youngsters and we put them
to work who did not use drugs, that's what I'm saying, that's all I'm saying.
And I'm saying, all those who do use drugs and test positive for drugs, don't
work. That's what I'm saying. So now you're telling me that we did not have
any that tested positive for drugs so we don't have a problem. But if you got
some that test. I don't want them...
Mayor Suarez: We didn't have any testing.
Mr. Dawkins: That's all I'm saying.
Mayor Suarez: Since they're referred by the school system, do they not come
under all of the school systems' safeguards before they're referred to us?
Mr. Castaneda: Sure, these are kids that are in school. The idea of getting
them jobs is so that they would have money, be occupied during the summer and
avoid that they get into trouble. You know, many of these kids are low income
and they're having financial problems. If, you know, it is the City
Commission's position that, you know, school should be drug free is really the
88 January 14, 1988
4
issue in here. It's not whether the kids that come into the jobs program are
drug free. If the position is that school's should be drug free, I think the
City Commission should ask the school board to implement a drug testing policy
because if the kids in school do not take drugs, the kids in our program would
not have drugs either.
Mr. Dawkins: Why not go the other way. Why not give the money to th$ school
board, let them hire all the youngsters they want to, we're not bothered with
It.
Ms. Francena Brooks: I just wanted to add one comment that I think we have to
remember that the purpose of this program is to provide an opportunity for
disadvantaged children. These are all low income children, they have to meet
certain income. Their family's income cannot exceed a certain amount and the
money that they earn often goes to help out in their families. And, of
course, with that in mind, it's logical that many of the children may, in
fact, have problems and that might include that they may have been exposed to
drugs. Whether they're using them regularly or what have you is another
Issue. But, they're not employees of the City. By our accepting this money
and agreeing to place them either within the City or with another agency, is
to provide that opportunity to present positive role models to them and to
Introduce them to the real world of work and how things, you know, in fact, go
in real life. So, it's from that viewpoint that, I guess the City is
continued to do this.
Mayor Suarez: Do we have any monitor, Francena - do we have any monitoring
ability where we see that there may be a problem of drug use or drug addiction
to...
Ms. Brooks: Oh, yes, yes. We would, right...
Mayor Suarez: ... take, you know, very, very, you know, definite and clear
action to show that we don't want those kids participating in the programs...
Ms. Brooks:
Mayor Suarez:
employees to
drugs in any
j program.
Right.
... so that the general City policy that we don't want City
people to be employed by the City who have, you know, who use
way that would be reflected in that even in the summer youth
Ms. Brooks: Yes, it would be the same as with any child that would display
disruptive behavior. And there have been, you know, I guess incidents of
disruptive behavior where children have had to be counseled or have, you know,
left the program, in fact.
Mayor Suarez: You understand that we consider disruptive behavior the
violation of any of the laws in regards to any kind of drugs defined by law as
illegal...
Ms. Brooks: Yes.
Mayor Suarez: ... and that means whether they still can perform their jobs or
not. Some people might not agree with that particular philosophy but that is
this Commission's philosophy.
Ms. Brooks: Right.
Mayor Suarez: You know, the kid might conceivably, you know, smoking
marijuana and still be able to perform. We don't want those people working
for the City or for any program of the City and with that understanding, I
don't see any problem, otherwise, with this...
Mr. Plummer: How many kids are you anticipating under this program to hire?
Ms. Brooks: Well, this past year we had about 824. Now, it's likely that
there'll be C3 much as a 25 percent decrease because of an overall decrease in
the total funds available.
Mr. Plummer: How many of these kids of the 824 were used in the City forces?
Mr. Kearson: Four hundred and fifty-four.
89 January 14, 1988
w
Mr. Plummer: How much?
Ms. Brooks: 454.
Mr. Plummer: Mr. Manager, can we use all 800 or the less 25 percent in doing
nothing but cleaning the parks and cleaning lots?
Ms. Brooks: Well.
INAUDIBLE COMMENTS.
Ms. Brooks: Yes.
Mr. Plummer: No, I think it's very important that we get this damn City
cleaned up and if we've got a work force that's built in that can be used to
clean up City parks and clean up these vacant lots, I think it's worthwhile.
I'm assuming that if a youngster is found using drugs while he's employed, he
is terminated.
Ms. Brooks: Sure, of course.
Mr. Plummer: Now, you know I definitely love what Miller Dawkins is saying.
That is we use it as a reward system to try to say, "Hey, you didn't use
drugs, we will reward you with a job." But, I also have a problem of turning
_ back a $1,000,000 of money to the federal government which our children would
! not be available to. I think we'd also find, Miller, a great number of kids
who are using drugs don't hold a regular job or don't want a regular job.
Mr. Dawkins (Off mike): This is not a regular job, this is summer employment.
Mr. Plummer: Well, I understand, but, you know, but what I meant was regular
weekly job.
Mayor Suarez: OK, with those modifications I'll entertain a motion on 57.
Mr. Plummer: I'll move fif...
Ms. Brooks: Now wait...
Mr. Castaneda: Fifty-seven is not on this issue.
Mr. Plummer: What is fifty...
Ms. Brooks: Fifty-seven is increasing the appropriation for the year long
neighborhoods jobs program and its essentially because we overproduced last
year so we got extra money and we got an incentive award because we placed a
number of hard to serve persons. In fact that check we've...
Mr. Plummer: That's super.
Mayor Suarez: And we're just accepting that, we're just accepting that.
Ms. Brooks: Yes, this is a legal action so we can spend it.
Mayor Suarez: OK, I'll entertain a motion on 57.
Mr. Plummer: Yes, air.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance and
then we'll take up 58. Call the roll.
90 January 14, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10200,
ADOPTED JUNE 25, 1987, BY INCREASING THE APPROPRIATION
TO THE SPECIAL REVENUE FUND ENTITLED "NEIGHBORHOODS
JOBS PROGRAM (FY 188)" BY $35,597, THEREBY INCREASING
THE APPROPRIATION FOR THE SPECIAL REVENUE FUND
ENTITLED "NEIGHBORHOODS JOBS PROGRAM (FY '88)" TO
$517,197 FOR THE OPERATION OF THE NEIGHBORHOODS JOBS
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF LABOR AND TO ENTER INTO THE NECESSARY
CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) TO ACCEPT
THE GRANTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and vas passed on its first reading by title by the following vote!
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
40. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ("SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM - 1988/JTPA II-B"); AUTHORIZE
ADMINISTRATION TO ACCEPT GRANT AWARD.
Mayor Suarez: Item 58 then.
Mr. Plummer: I move 58 with the amendment that all of the employees will be
used by the City for the purposes of cleaning parks and all vacant lots.
Mrs. Kennedy: I second. I love the idea, I think that it has a dual purpose
of letting these kids see the other part of the world, the world unknown to
them, and, at the same time, as Commissioner Plummer says, get our streets and
parks cleaned.
Mr. Plummer: Buy a lot of brooms and rakes, let's go at it. I'd recommend
you start in South Grove and continue so that we can see what improvements are
being made. Or start at the other end and move down, but don't spread them
out. Let's see an effort, what it pays off. Call the roll on 58.
Mayor Suarez: Call the roll. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM - 1988/JTPA II-B", APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $931,120 FROM THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD
FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM AND TO ENTER INTO THE NECESSARY CONTRACT(S)
AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
91 January 14, 1988
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
41. (CONTINUED DISCUSSION) ACCEPT PLAT ENTITLED CLAUGHTON SUBDIVISION ON
CLAUGHTON ISLAND (SEE LABEL 16).
_! Mayor Suarez: Before we decide what time we're reconvening, item 27 was
? postponed in the morning, or tabled rather, and I know that the interested
-! parties are here. Commissioner Dawkins has been satisfied. I'll entertain a
motion on the replatting of that property, or the platting, whichever it's
called.
Mr. Dawkins: Move 27.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-51
-j A RESOLUTION ACCEPTING THE PLAT ENTITLED CLAUGHTON
SUBDIVISION ON CLAUGHTON ISLAND, A SUBDIVISION IN THE
—j CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT' AND AUTHORIZING AND DIRECTING THE CITY
— MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
-i PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(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.
92 January 14, 1968
i
q .0
-----------------------------------------------------------------------------
42. POTENTIAL PURCHASERS OF PROPERTY ON CLAUGHTON ISLAND BOUND BY PRESENTLY
EXISTING REGULATIONS AND RESTRICTIONS. (SEE LABEL 16.)
------------------------------------------------------------------------------
Mr. Dawkins: Move my resolution that I had attached to twenty...
Mr. Plummer: Second.
Mr. Dawkins: Read it. Read the resolution somebody.
Mayor Suarez: The resolution reads: "Be it resolved by the Commission of the
City of Miami, Florida, Section one, all purchasers of property and all of
Claughton Island are hereby placed on notice that they are bound by all
existing zoning regulations and restrictions. They are encouraged to comply
with the same as such zoning regulations and restrictions presently exist in
the course of developing and improving their property." I'll entertain a
motion on that. Do we have it?
Mr. Dawkins: Yes, I moved it.
Mayor Suarez: Moved.
Mr. Plummer (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduco(I by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. �8-52
A RESOLUTION OF THE CITY COMMISSION PLACING ALL
PURCHASERS OF PROPERTY IN ALL OF CLAUGHTON ISLAND ON
NOTICE THAT THEY ARE BOUND BY ALL EXISTING ZONING
REGULATIONS AND RESTRICTIONS AND THEY ARE ENCOURAGED
TO COMPLY WITH THE SAME AS SUCH ZONING REGULATIONS AND
RESTRICTIONS PRESENTLY EXIST IN THE COURSE OF
DEVELOPING AND IMPROVING THEIR PROPERTY.
(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.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:00 NOON AND RECONVENED AT 2:33 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
NOTE FOR THE RECORD: THE PRESENCE OF SUPERIOR COURT JUDGE
FREDERICK MIGNON, FROM THE STATE OF CONNECTICUT, WAS RECOGNIZED BY
MAYOR SUAREZ.
93 January 14, 1980
43. FIRST READING ORDINANCE: AMEND 1 AND 6 OF 10321: ACQUIRE PROPERTY
LOCATED AT 300 SOUTHWEST NORTH RIVER DRIVE IN CONNECTION WITH THE
NORTHWEST RIVER DRIVE PROJECT.
Mayor Suarez: Next item that we had to take up in the afternoon, I believe,
Mr. Manager, are we on 62?
Mr. Plummer: We're on 60.
Mr. Odio: 60.
Mayor Suarez: 60.
Mr. Plummer: What's this property going to be used for?
Mr. Odio: This is for the general development implementation program for
marine oriented enhancement of publicly owned properties. It's all marine
oriented.
Mr. Plummer: What?
Mr. Odio: Marine oriented.
Mr. Plummer: But we're going to buy the property?
Mr. Odio: It's a frontage on the Miami River.
Mrs. Kennedy: This is part of the Miami River...
Mr. Odio: And it's part of the Miami River Redevelopment and it's to enhance
the property that we have next to this one.
Mr. Sergio Rodriguez: Remember when you approved in principle, the North
River Drive project of the Miami River in which we were trying to develop
pieces and come up with RFPs eventually to have marine related uses in that
portion that is close to Joe's Seafoods and so on. This is orie of the
properties that if we acquire, it will give us enough water frontage to
consolidate to have an RFP for a marina in that area.
Mr. Plummer: And you're buying it for $34,000?
Mr. Rodriguez: I believe this is only the appropriations. Then the GSA would
have to negotiate with the owner and try to acquire it.
Mr. Plummer: What's the $34,000 for?
Mr. Ron Williams: Commissioner, this is only asking you to put the money in
place with an appropriation for us up to a maximum of $34,000. As you will
see on the second page of a memorandum...
Mr. Plummer: Is that for the acquisition of the property?
Mr. Williams: Yes, it would be.
Mr. Plummer: And you think you can buy it for $34,000?
Mr. Williams: Yes.
Mr. Odio: Yes.
Mr. Plummer: What in the hell are we going to do with the Miami River with
all those freighters in there with all of those bicycles and all of that stuff
in there?
Mr. Odio: Most of them are docked on private property and they are...
Mr. Plummer: Yes, but I mean, you know, to acquire property and you got stuff
like that on it, that's self defeating.
94 January 14, 1988
Mr. Rodriguez: Well, as part of the Miami River Coordinating Committee, there
have been certain things that have been pinpointed to try to resolve. That's
one of them. And part of the problem is whether the ownership of the
property, the use of the property in which they are loading and unloading the
bicycle is correct. Every effort to try to make sure that what is done is
legal have been done and we are following up continuously on that. We have
people which are continuously watching to make sure there will be no
violations on that.
Mr. Plummer: I went by there the other night, they must have had 2,000
bicycles on one of those boats. Does the Police Department go on and check
those for registration?
Mr. Rodriguez: If you want to, we can ask them to follow up on that
specifically again. From time to time, we send notices of this complaints
through the Miami River Coordinating Committee.
Mr. Plummer: Well, if you can get a piece of riverfront property for $34,000,
it's a hell of a buy. I'll move it.
Mr. Rodriguez: I think it's good, yes.
Mr. Plummer: Oh, $34,000, ha. I move item number 60.
Mayor Suarez: So moved.
Mrs. Kennedy: How large is the parcel did you say?
INAUDIBLE COMMENTS.
Mayor Suarez: Do we have a second?
Mrs. Kennedy: Yes.
Mayor Suarez: It's a pretty small component of what we're trying to do over
there, is it not?
Mr. Plummer: For $34,00, that's a buy.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded and thirded. Any discussion? Read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 10321, ADOPTED SEPTEMBER 22, 1987, AS AMENDED, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMMBER 30, 1988, BY INCREASING THE
APPROPRIATIONS IN THE PROPERTY AND LEASE MANAGEMENT
ENTERPRISE FUND IN THE AMOUNT OF $34,000 FOR THE
PURPOSE OF ACQUIRING PROPERTY LOCATED AT 300 SOUTHWEST
NORTH RIVER DRIVE IN THE CITY, IN CONNECTION WITH THE
NORTHWEST NORTH RIVER DRIVE PROJECT, REVENUE IN THE
LIKE AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE
MANAGEMENT'S RETAINED EARNINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
95 January 14, 1988
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.
------------------------------------------------------------------------------
44. BRIEF DISCUSSION: GRANT INTERIM AUTHORITY TO BAYFRONT PARK MANAGEMENT
TRUST FOR NEGOTIATION OF CONTRACTS REGARDING BAYFRONT PARK AMPHITHEATER;
APPOINTMENT OF MEMBERS. (THESE ITEMS WERE TEMPORARILY TABLED AT THIS
POINT - SEE LABELS 69 AND 70).
------------------------------------------------------------------------------
Mayor Suarez: Item 62.
Mrs. Kennedy: Mr. Mayor, I'd like to take this up at 4:00 o'clock when the
rest of the Commission members are here.
Mayor Suarez: OK, table until 4:00, Item sixty...
Mr. Plummer: Let me ask a question, Rosario, I have not seen a budget.
Mrs. Kennedy: No, this is for the members. To appoint the members to the
trust.
Mr. Plummer: Oh, OK, but I still have not seen a budget.
Mrs. Kennedy: You will before April, but if the Trust is not in existence,
well, we can't do it, that's why it's important that at 4:00 o'clock we take
this item.
Mayor Suarez: That's in reference to 62?
Mrs. Kennedy: Right.
Mr. Dawkins: But it says here, the Manager to execute such contracts
predicated upon his consideration of the City costs, so how can you discuss
City costs without a budget?
Mr. Plummer: It was my understanding at this meeting, we were supposed to get
a budget of what they were going to need in the way of subsidy if any. Now,
that was my understanding. No?
Mayor Suarez: Well, this is interim authority to be able to negotiate
whatever they have to to get started. Is that the idea?
Mrs. Kennedy: That is correct.
Mayor Suarez: Subject to the Manager approving costs and everything else.
Mr. Dawkins: Well, I don't know how J.L. Plummer and I are the only two who
thought they'd have a budget, but I thought they'd have a budget.
Mayor Suarez: This is going to be taken up...
Mr. Dawkins: I requested a budget.
Mr. Plummer: Oh, you're going to bring it up at 4:00 o'clock?
Mrs. Kennedy: I will bring it up at 4:00, then we can discuss it.
Mr. Plummer: Oh, OK, I'll wait till then because at the last I heard that
the - what was that other company?
Mrs. Kennedy: Decoma?
Mr. Plummer: Decoma might be taking it over.
Mrs. Kennedy: But that is not...
Mr. Plummer: But if... OK, I...
96 January 14, 1988
Mrs. Kennedy: ... positive yet, plus we need to have the Trust in existence
to interview the three companies. So what we have to do today is approve the
21 members to the Trust.
Mayor Suarez: That's 63, item 63, can we do that now?
Mrs. Kennedy: No.
Mayor Suarez: You want to postpone that till 4:00 also?
Mrs. Kennedy: Both of them till 4:00 o'clock, please.
Mayor Suarez: OK, we'll get back to it then.
45. DEFER CONSIDERATION OF PROPOSED MUNICIPAL ELECTION ON MARCH 8, 1988,
REGARDING PROPOSED LEASE AGREEMENT WITH DINNER KEY BOATYARD LIMITED FOR
OPERATION OF A MARINA (SEE LABEL 65).
Mayor Suarez: Item 64, special municipal election for Dinner Key Boatyard.
Mr. Plummer: Mr. Mayor, on the record, I asked the Manager if all, as the
indication of the last Commission action, that every point of that that he
made of safeguards have been negotiated and agreed upon.
Mrs. Dougherty: Negotiations have not been completed yet.
Mr. Plummer: Than I move that this item be deferred until such time as the
negotiations are completed. I was very explicit that my vote of positive was
only based on that everyone of the safeguards, and I think it was the
unanimous vote of this Commission, that everyone of the safeguards would be
incorporated and negotiated before it would go to a referendum.
Mr. Dawkins: And, also, the referendum does say as per the RFP, Madam City
Attorney, so that there's no legal ramifications.
Mr. Plummer: That's correct.
Mrs. Dougherty: That is correct.
Mr. Plummer: I would moire that this...
Mrs. Dougherty: What you're doing at this time is simply approving the
language that would go on the ballot.
Mr. Plummer: No, Ma'am.
Mrs. Dougherty: Leaving the contract to be approved by you later.
Mr. Plummer: How can you do that if you haven't negotiated it?
Mr. Odio: Commissioner, I will not agree to any contract that doesn't meet
what we establish here, so I can a...
Mr. Plummer: Sir, as far as I'm concerned, I would like to see this matter
deferred. I want the contract in hand.
Mr. Odio: Well, the only way we can do that, and I would have a contract,
then you have to call a special Commission meeting next week, I believe it's
the last day.
Mayor Suarez: The alternative to calling a special session would be to - if
the Commission were disposed to delegate to the Manager authority to assure
himself and us indirectly that all of those conditions have been met.
Otherwise, we end up with a special Commission session. I think.
Mr. Plummer: Well, I still move that the matter be deferred...
Mr. Dawkins: Second.
97 January 14, 1988
Mr. Plummer: ... until such time as the provisions set forth by this
Commission that each and every point of the safeguards written in by the
Manager have been met and then we'll discuss about putting it on a ballot.
Mayor Suarez: Moved and seconded. Do you want to take a vote on the motion
to defer without knowing in advance whether the Commission will approve
delegating that authority to the Manager?
Mr. Plummer: Mr. Mayor, personally, I'd like to see it myself and know that
it's done.
Mayor Suarez: I'm going to vote against the motion to defer for that reason,
I don't feel like having a special session on this item.
Mr. Plummer: I agree with you on the point that I don't see a need for a
special session, but that's, you know... so be it.
Mrs. Dougherty: We have to call for the election 45 days in advance of the
election. This is the last Commission meeting, the regular Commission
meeting...
Mr. Plummer: Lucia, they had over what, a month, you've been negotiating this
now a month?
Mr. Odio (Off mike): Since the last Commission meeting.
Mr. Plummer: All right, you've had two weeks. OK. And how many times have
you met with the parties?
Mr. Odio (Off mike): Three times.
Mr. Plummer: You've met with the parties on three occasions and, obviously,
there is still a disagreement.
Mr. Odio: No, sir, there's no disagreement.
Mrs. Kennedy: Is there a disagreement? What is the problem?
Mr. Odio: Gilchrist told me this morning that they agree to everything that I
asked them to comply with. The only thing is, Mr. Dunn wanted to meet with me
tomorrow to see if I would change my position on the million and a half from
having a deposit in the bank to a letter of credit and I told John to tell
them no. I'll meet with them tomorrow but I still...
Mr. Plummer: But you've had two weeks to get that negotiation done and get it
finished.
Mr. Odio: Normally, this contract takes six months to negotiate,
Commissioner.
Mr. Plummer: I understand that but still, obviously, in three meetings you
haven't got anything on the dotted line.
Mr. Odio: We have a draft of the agreement. It has been rewritten now and we
do have an agreement.
Mrs. Kennedy: I hope that you are firm in your commitment to abide to the big
conditions.
Mr. Odio: I will not move from a one.
s Mr. Dawkins: I ask the City Attorney again, the things that the Manager is
negotiating were not in the RFP.Are we legally covered to ensure that, at no
time these individuals can come back and sue us by saying that the things they
negotiated were not in the RFP. I ask that question again, Madam City
Attorney.
{ Mrs. Dougherty: Yes, air, we are assured that that will not occur. Number
one, because you required them at the last Commission meeting to waive any
I
98 January 14, 1988
objection and number two, as far as the City's concerned, we're getting a
better deal. So that the City's permitted to do.
Mr. Dawkins: That may be why they want to sue us because we're getting a
better deal.
Mrs. Dougherty: We have to watch out for suits from both ends. Either
another bidder who didn't get the bid and, therefore, because we're getting a
better deal, they would not have standing and, number two, the bidder who did
get the deal would not have standing because they waived any objections.
Mr. Dawkins: Thank you.
Mayor Suarez: Anything further on the motion to defer? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-53
A MOTION TO DEFER CONSIDERATION OF A PROPOSED SPECIAL
MUNICIPAL ELECTION TO BE HELD MARCH 8, 1988 TO SUBMIT TO
THE ELECTORATE A PROPOSED LEASE AGREEMENT WITH DINNER KEY
BOATYARD LIMITED FOR OPERATION OF A MARINA; FURTHER
STIPULATING THAT THIS ISSUE IS DEFERRED UNTIL ALL
SAFEGUARDS STIPULATED BY THE CITY MANAGER HAVE BEEN
ACCEPTED IN NEGOTIATION AND INCORPORATED IN THE AGREEMENT.
(NOTE: THIS MOTION WAS LATER RESCINDED, AND THE ISSUE
PASSED AND ADOPTED AS RESOLUTION 88-71.1.)
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
46. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO MIAMI BRIDGE, INC., FOR USE OF
PROPERTY LOCATED AT 1145 N.W. 11TH STREET AS A CRISIS INTERVENTION
CENTER FOR RUNAWAY YOUTHS.
Mayor Suarez: Next item, 65.
Mr. Plummer: Mr. Manager, this is for a one year term.
Mr. Odio: Yes, sir.
Mr. Plummer: Subject to approval, now...
Mr. Odio (Off mike): Yes, sir.
Mr. Plummer: We've talked about the possibility of doing something with that
facility. Hopefully, I'm going to express myself, hopefully, we're going to
sell it. OK, we're not using it for any City purposes other than a few square
footage that we're using for City use which can be done elsewhere. I just
want to make sure that in doing such, that this $1.00 a year, this great sum
of money that we're going to receive doesn't, in any way, impede any action
Rthat this Commission might want to take.
Mr. Ron Williams: Absolutely not, Commissioner.
Mr. Plummer: Well, I would - let me tell you, I can't speak for the rest of
the Commission, but I would feel more safe with 30-day revocable permit which
is the process we've been using for quite sometime.
99 January 14, 1968
Mr. Williams: Let me explain to you what we've asked you to approve. -
Essentially a one year permit effective retroactive back to July 1, 1987. So,
essentially, we're talking about a six month stretch through the end of June
30th on this permit that we're asking you to approve. A major condition
that...
Mr. Plummer: So what you're saying is, we're so damn slow it would take at
least six months anyhow. I understand.
Mr. Williams: Well, let me also add that...
Mr. Plummer: I move item 65.
Mayor Suarez: So moved.
Mrs. Dougherty: It also is revocable on 30 days.
Mayor Suarez: As a practical matter then, Ron, it would take us no less than
six months to get the property back in case we want to sell or do something
else on the premises.
Mr. Williams: We've done a little better than that, Mr. Mayor, we've made a
very clear condition in here that, upon written approval, this permit can be
revoked within 120 days. _
Mr. Plummer: That's fine.
Mrs. Kennedy: Second.
Mayor Suarez: So it's four months then, OK. Moved and seconded. Any further
discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-54
A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE
OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO MIAMI BRIDGE, INC., A NOT -FOR -PROFIT
CORPORATION, FOR THE USE OF CITY -OWNED PROPERTY
LOCATED AT 1145 N.W. 11 STREET, MIAMI, FLORIDA, A/K/A
THE POLICE ACADEMY BUILDING, FOR USE AS A RESIDENTIAL
FACILITY FOR RUNAWAYS AND A CRISIS INTERVENTION CENTER
FOR YOUTHS AGED 10 THROUGH 17 YEARS, FOR A USER FEE OF
$1.00 PER YEAR; SAID PERMIT BEING FOR AN INITIAL ONE-
YEAR PERIOD, WITH SUCCESSIVE AUTHORITY BEING GIVEN FOR
SAID PERMIT TO REMAIN VALID FOR ONE-YEAR PERIODS,
SUBJECT TO THE CITY MANAGER'S APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Manager, who's in that facility now? The bridge is there.
Who's using the jail facility?
Mr. Odio: I talked to the County Manager and I told him of the possibility of
his property being sold if you so decided and he would move out by July lot.
The jail would be moved out by July 1st.
100 January 14, 1488
Mr. Plummer: Is there anyone else in there besides City facilities?
Mr. Odio: Brick. Brick had 2,000 square feet of space there.
Mr. Plummer: Are they still occupying it?
Mr. Odio: They are not in business at this time. I had a call from Attorney
Dubbin the other day, he said he's going to try to revive Brick, but at this
time that property is not...
Mr. Plummer: Should we legally be putting the County on notice so that they
can start making other arrangements? Because I think somethings going to
happen with that building.
Mr. Odio: I think if you authorize us to do something with the property, then
we'll put them on notice that they have until July 1st to move out.
Mr. Williams: I might add, Commissioner, we have had discussions with the ,
County lease management office and clearly advised them that we're not
interested in anything past a month to month arrangement as we have now and
that we...
Mr. Plummer: Yes, but, Ron, you know what happens? We wind up and we give
them a month notice, and rightfully so, as the bad guys. OK. Overcrowded
jails and they're going to blame it all on us.
Mr. Odio: The County Manager agreed to July lat.
Mr. Plummer: OK.
Mr. Dawkins: Put it in writing.
Mr. Plummer: I think you're better off putting it in writing.
Mr. Dawkins: Have the Manager send it to us in writing, Mr. Manager.
------------------------------------------------------------------------------
_ 47. SET FORTH NAMES OF NEWSPAPERS TO BE USED FOR CITY ADVERTISING.
(SELECTED WERE: MIAMI NEWS, DIARIO DE LAS AMERICAS, MIAMI TIMES, MIAMI
REVIEW, COMMUNITY NEWSPAPERS, PANORAMA HISPANO/USA, PATRIA, PRENSA
GRAFICA - AND THE MIAMI HERALD ONLY UNDER SPECIAL CIRCUMSTANCES.)
------------------------------------------------------------------------------
Mayor Suarez: Item 66. Resolution on newspapers of...
Mr. Odio: We provided a list of...
Mayor Suarez: ... general circulation.
�i Mr. Odio: In the memorandum, we provided a list of the newspapers that
applied and some that applied were not listed because they did not qualify and
_1 the ones listed here have qualified and it's up to you which one would you
prefer to advertise. I still recommend that we only advertise in the Miami
—I Herald if we need to. On a need to basis and not on a regular basis because
of the amount of dollars involved in this.
Mr. Plummer: I still say you can cut down the size of those ads. I think you
can cut them in half. Well, what are you asking us to do, to choose for a
year?
-� Mr. Odio: Yes, choose for a year from the list here. Who would you like
to...
Mr. Dawkins: Mr. Manager, I'm sorry, go ahead.
Mr. De Yurre: Do we need to choose or can we just take that list as a whole
and...
101 January 14, 1986
Mayor Suarez: Yes, can we just rotate on the weeklies rotate from the list?
The list is acceptable.
Mr. Odio: We had one paper, the Miami Reporter that applied which I think
would have been good also but, unfortunately, they did not meet the minimum
criteria because they've only been in business for less than a year, a year I
believe.
Mayor Suarez: Is the requirement what? A year at least?
Mr. Odio: What was the minimum requirement on being in business? One year.
I believe the Miami Reporter was - but I don't know if and I'm asking Pollock
if Lucy if they can make it -if the Commission can make it...
Mr. Williams: Provides that more than one year you've essentially said -
several years, yes.
Mayor Suarez: We can always change that. I don't know that we want to.
Mr. Plummer: I thought it was five years. I thought it was five years that
they had to be in business.
_ Mr. Williams: The way it's described here for Motion 82-612, it's several
years, Commissioner.
Mayor Suarez: Several.
Mrs. Kennedy: What is several?
Mr. Williams: Several, implying...
Mr. Plummer: No, there was a number applied. It was either three years or
five years, one of the two.
Mayor Suarez: I would propose that we make it no more than one year
requirement. In this particular case, Miami Reporter doesn't fit that, but
maybe they will next year. Or they obviously will if they continue to
operate. Apparently, they haven't been for a year, I don't think.
Mr. Williams: Miami Reporter, we have their application here.
Mr. Plummer: Well, what was the circulation? There was a number of
circulation they had to have.
Mr. Williams: Ten thousand.
Mr. Odio: Ten thousand.
Mr. Plummer: Ten thousand or more and that's on a daily basis or weekly?
Mayor Suarez: No, we have a few that - what is Community Newspapers, how
often is that published?
Mr. Odio: The other requirement, I believe, is that they come out weekly and
the Reporter comes...
Mayor Suarez: No less than weekly?
Mr. Odio: And the other ones come out bi-weekly.
Mr. Dawkins: Why is it that you say the cost for the Herald is high, why
don't we advertise in the Neighbors that come out twice a week instead of
advertising in the Herald which goes to West Palm Beach, Ft. Lauderdale and
etc.? I think it would be cheaper.
Mr. Williams: It would be the same rates.
Mayor Suarez: How broad does the advertising have to be, can it be done in
Neighbors, for example?
Mr. Williams: Mr. Mayor, to answer that, we are now abiding by your
guidelines as in that Motion passed in 182 that essentially provided for that
' 102 January 14, 1986
10,000 minimum circulation. As long as it meets that criteria, as you all
established, we should not have any problem. Of course, that would not
address all the legal considerations as it relates to legal notices, I'd have
to...
Mr. Dawkins: Well, we put the legal notices in the Miami Review, aren't we?
Mr. Williams: Yes.
Mayor Suarez: And the Miami News too.
Mr. Dawkins: We put the legal in the Miami Review, does that meet the legal?
Mayor Suarez: And the Miami News too.
Mr. Plummer: But why both?
Mayor Suarez: Well, do we do both or one or the other, how do we do that?
Mr. Williams: Well, the information we have here provides that the Community
Newspapers slightly less expensive than the Review.
Mayor Suarez: How do you work it as between the Miami News and, let's say,
the Miami Review? Do you publish them both, the same notices or only one or
the other? Somebody.
Ms. Hirai: If I'm not mistaken, there was a legal opinion done by Miriam Maer
whereby she stated that the legal requirement was met by publishing in the
Review, however, they did not meet the daily publication requirement, since
they only come out five days per week. So, therefore, we need the Review on
the legal aspect and either the Herald or the News for the daily.
Mr. Plummer: The Miami Daily News does not come out every day.
Mrs. Kennedy: Except for Sunday.
Mr. Plummer: That's right.
Ms. Hirai: The Herald then was, at that time - but that was the reason why
the Miami Review could not meet the daily circulation requirement.
Mr. Plummer: That's crazy. Well...
Mrs. Kennedy: And then when we agreed, let's say that we want to advertise in
the Herald it has to be specifically approved by you.
Mr. Odio: Yes, because what happened is that way when we - no, we don't have
to advertise in the Herald, we won't because the savings were, what, Matty,
$270,000? Somewhere in there?
Ms. Hirai: It was in the neigh... a hundred to three hundred and fifty
percent higher.
Mr. Odio: Yes, the Herald to the News.
Mayor Suarez: I'm satisfied with the resolution as drafted which gives you
discretion other than selecting the general list and saying that the Miami
Herald only were needed so we can save a little money. I don't know about the
rest of the Commission; otherwise, we'll be at this forever.
Mr. De Yurre: Mr. Mayor, I'd like to move that we adopt the list that has
been presented to us and the way it's been presented that the City Manager
have discretion on the Miami Herald and that we use on a rotating basis the
list that has been provided.
Mayor Suarez: Always looking to save as much as possible on the rotation. So
moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
103
J
14, 1988
�o
Mr. Plummer: I still hope that the administration or the Clerk's office there
is no question in my mind that the size of those ads can be cut. There's no
question. We don't have to have the seal of the City of Miami in everyone of
those display ads. And if you're trying to tell me that that's State law,
then let's talk to the lobbyist because it's costing this City a fortune for
advertising.
Mayor Suarez: Could you incorporate into the motion that we look to make the
ads as small as possible that's still readable.
Ms. Hirai: I believe we are down to the minimum readable type available.
Mayor Suarez: Thank you, that's a good way to phrase it. OK, call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-55
A RESOLUTION SETTING FORTH THE NAMES OF THE ONLY
NEWSPAPERS WHICH CITY DEPARTMENTS AND OFFICES ARE
INSTRUCTED TO USE FOR PUBLISHING PUBLIC NOTICES IN
LOCAL NEWSPAPERS AFTER JANUARY 15, 1988, ABSENT ANY
LEGAL EMERGENCY REQUIRING PLACEMENT OF SUCH NOTICES
ELSEWHERE; SAID NEWSPAPERS BEING REQUIRED AT ALL TIMES
TO MEET CRITERIA ESTABLISHED BY LAW; SUPERSEDING ALL
PREVIOUS RESOLUTIONS APPROVING THE USE OF LOCAL
NEWSPAPERS FOR ADVERTISING.
(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.
------------------------------------------------------------------------------
48. A) AMEND RESOLUTION 87-1027 - APPROVE CORAL WAY TOWING, INC., FOR ZONE 4
(TOGETHER WITH BLANCO TOWING, INC., A/K/A FREEWAY TOWING).
B) APPROVE MOLINA TOWING, INC., SOLELY FOR ZONE 3 (REMOVING DOWNTOWN
TOWING CO., INC., FROM ZONE 3)
------------------------------------------------------------------------------
Mayor Suarez: Item 67.
Mr. Odio: This is just to amend the resolution that was passed on November
19th to provide that Coral Way Towing be approved for furnishing towing
services. This was the amendment we did to the towing...
Mayor Suarez: OK, we've already voted on this.
Mr. Odio: Yes, you did and this is just formalizing your actions at the last
Commission meeting.
Mayor Suarez: Why do I see so many people getting up to speak on this topic?
Mr. Odio: I don't know because you already voted on this, this is only to
formalize what you did in the prior Commission meeting.
Mayor Suarez: We've been through many, many arguments on the issue of the
towing contract. We have split up the City...
-� 104 January 14, 1988
Mr. Plummer: I move item 67.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and second. We split up the City into districts and
some districts we have more than one towing company, in others we only have
one, we did the best we possibly could. I guess you have a right to say
something about it, we have a motion and a second.
Ms. Sheila Wolfson: Yes, my name is Sheila Wolfson, for the record, I'm an
attorney with offices at 1401 Brickell Avenue and I'm here today representing
the DelRosal family who are the owners of Downtown Towing Company who are
affected by your proposed resolution today and I'd like the opportunity to
address this item.
Mayor Suarez: They're sharing a district now, right?
Ms. Wolfson: No, they are not, they are eliminated. They are eliminated
by...
Mayor Suarez: That's you company?
Mr. Manuel Guarch: Downtown Towing.
Mrs. Kennedy: Downtown was...
Ms. Wolfson: Downtown Towing.
Mayor Suarez: How were you eliminated? I thought that was up to be resolved
by the Manager in terms of whatever the problem was with one of your
stockholders.
Ms. Wolfson: We have met that condition and that is no longer a problem. So,
therefore, I don't see any reason why - it's my understanding that Downtown
Towing has been removed from zone 3 totally and that's what I was here to
address.
Mayor Suarez: Why is that? I thought that we had provisionally approved you
subject to solving that problem, whatever it may have been.
Mr. De Yurre: Mr. Mayor, we've passed...
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: We passed a resolution at the last meeting providing that
Molina Towing maintain that section 3 which they've had for many years and...
Mayor Suarez: Exclusively maintaining?
Mr. De Yurre: They've had it for years exclusively.
Mayor Suarez: I don't remember that.
Mr. De Yurre: Yes, that was at the -well, this is what we're approving.
Mayor Suarez: Is that the one that Downtown Towing had initially been
approved in conjunction with Molina?
Ms. Wolfson: That's correct. On November 19th that was the case.
f
Mayor Suarez: And we undid that at the last Commission meeting?
Ms. Wolfson: That's my understanding now, the representative of Downtown
Towing was not here at that meeting but it's my understanding that Downtown
was removed...
Mayor Suarez: Well, can I see, to satisfy myself, can I see a resolution
that's what we did, I don't remember doing it. It certainly wasn't my
intention.
Ms. Wolfson: The minutes were not available from the City Clerk.
105 January 14, 1988
Mrs. Dougherty: You did it by motion and you now have a resolution before you
formalizing the motion.
Mayor Suarez: It was motion, not by resolution. But, why, Commissioner De
Yurre...
Ms. Wolfson: Wait, wait, wait.
Mayor Suarez: ... if you want to take the lead on this, why would you want to
exclude Downtown Towing which was initially recommended, I believe, to split
for two different regions?
Ms. Wolfson: Wait, wait, wait, wait, wait.
Mr. Guarch: Two different regions and...
Mayor Suarez: Why don't you state your name on the record so we have an
idea...
Mr. Guarch: We were recommended for two of them.
Mayor Suarez: Give us your name.
Mr. Manny Guarch: Oh, my name is Manny Guarch, I'm with Downtown Towing, I'm
general manager. We were recommended and approved for two zones. But because
of...
Mr. Plummer: Now, no, whoa, whoa. You were not recommended.
Mr. Guarch: We were approve...
Mr. Plummer: You were found to be qualified for that zone.
Mr. Guarch: Yes, sir.
Mayor Suarez: Two, for two zones. For two zones.
Mr. Plummer: Yes, but you were not recommended. They did not recommend
anyone. They took the firms that were qualified for a zone and they presented
them to this Commission saying that you could pick one, all or whatever of
these firms that we found qualified. There was no recommendation from the
department.
Mr. Guarch: All right, I understand. Basically, we were approved for two
zones and having the equipment to handle the two zones, we feel that we should
have been recommended and approved by the City for the two zones. Zone two,
which is where we're at and that's where we have our office, is of major
activity and requires heavy duty equipment, more so than zone 3. We worked
j out with Ron Williams and the City Attorney that if we complied with these
specification they gave us for 30 days, that we would have zone 3. I
understood we would have two, apparently, it's zone 3. Now, we went at it and
complied with it within the 30 days, but, meanwhile, there was a motion...
Mayor Suarez: By the way, was that supposed to be exclusive or together with
another company at the...
Mr. Guarch: Together with Molina Towing. Because of the confusion that went
on during that meeting, apparently it was not noticed that we were also
approved for zone 2, which is where we're at and we weren't able to make our
point on that. Nonetheless, we have complied with our end of the bargain
which, when you approved it for us to be in zone 3, you gave us 30 days to do
this.
Mayor Suarez: Just so we have that on the record, how did you comply? Did
that stockholder resolve his problem or did he...
Mr. Guarch: Yes, it's all...
Mayor Suarez: ... transfer shares to someone else or what?
106 January 14, 1988
Ms. Wolfson: I believe copies of that condition of the various documentation
indicating that they met the condition is in your packet that...
Mayor Suarez: Well, can I ask how they met it? I remember there was a legal,
not to say a criminal problem, with one of the stockholders. Has the
stockholder resolved that problem or is that stockholder gone?
Ms. Wolfson: He's gone.
Mr. Guarch: He's got all the information there.
Mayor Suarez: That's what I want to know.
Mr. Williams: Mr. Mayor, if I may at this point and I did receive that
documentation from this company indicating that the stockholder was no longer
Involved, but I have an officer of the Police Department who has visited the
firm recently and subsequent to the submission of this information that I'd
like to have make a statement on that issue of involvement.
Officer John Shannon: Officer John Shannon from the wrecker unit. On last
Thursday when we inspected their facilities for contract reference to off
street parking, I did observe Mr. DelRosal at the scene with a Downtown Towing
shirt on getting out of a truck there. He appeared to be talking to other
employees there, I don't know, I couldn't hear him because I was parked down
the block but as...
Mayor Suarez: But we don't have yet a requirement, I guess, that someone in
that situation cannot be, you know, an employee or supervisor...
Mr. Shannon: I was, I was under...
Mayor Suarez: ... or official of a company. I don't think we went that far.
Mr. Shannon: I was under the impression that he was supposed to sever all
relationship with the company whatsoever.
Mayor Suarez: I see, OK, the City Attorney tells me that - you want to answer
that as long as we're...
Mr. Guarch: Yes, sure can. First of all, this is his mother and father and I
think that for his son not be able to even go by there, he is the car racing.
He's with the Wildwood Team that races in the Grand Prix down here. For him
not to even be able to go by there is taking it a little far. At no time was
it said that he is not an officer, he's not salaried...
Mayor Suarez: Well, he can go by there all he wants...
Mr. Guarch: But, that was not the...
Mayor Suarez: ... but the City doesn't want a contract with somebody who has
a physical presence, I mean an employee at that level, or at any level, and
that has that kind of a problem. But, you know, he can go by there all he
wants, he just doesn't get a City contract, but go ahead, Manny.
Mr. Guarch: Right. And Mr. DelRosal was not working. He was there. He had
gone by there and he is a friend of mine and his father and mother own the
company. Now, if I didn't understand the Commissioners to say that he could
not even visit or even have his own car over there or fix his car by our
mechanics. Now, if that's what is in question, then I think it's being
carried a little too far. But, the main point there that I was trying to make
in this was that we were not even given a chance to even go through with the
cancellation. He quit. We didn't even know that there had been a meeting.
The City said you have 30 days and on December loth...
Mayor Suarez: To solve or cure that deficiency and - Officer, do we have any
Indication that the individual was there doing anything other than just
visiting or getting his car fixed or whatever?
Mr. Shannon: I saw him step out of a big flatbed truck, your Honor - or your
Honor, Mayor - it was a flatbed truck with a bunch of junk on it.
1
Mayor Suarez: Which belonged to this company or...
107 January 14, 1988
Mr. Shannon: Yes.
Mayor Suarez: ... had the...
Mr. Shannon: Had Downtown Towing on it, on their flatbeds.
Mr. De Yurre: The thing, Mr. Mayor, it's a matter of the spirit of the...
Mr. Plummer: Just for the record, that's why you're here now, you're having a
public hearing and being able to be heard and present your side of the views
at this meeting.
Mr. Guarch: Yes, Mr. DelRosal was there and what was there was a car marine.
It's a transport company for marine transport and the truck had to be fixed.
The rear end had to be fixed. We do repair equipment over there. I was not
aware that Mr. DelRosal could not be there.
Mayor Suarez: Does Downtown Towing have any of the flatbed trucks that he
described?
Mr. Guarch: We have many flatbed trucks. If I can describe them to you which
I brought.
Mayor Suarez: I guess some of those big towing trucks look so big, could be
almost like a flatbed, I suppose. OK, you do have something that looks like a
towing truck that looks - is that, Officer, is that the one you saw the
gentleman in question coming out of?
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner.
Mr. De Yurre: I believe that, you know, the situation here also we need to
consider is Molina. And Molina Towing, for a number of years, has been doing
the towing work in that zone, they do a lot of extra work for the City that is
not part of the day to day work that is provided by a tow truck company. They
help and assist the City in cleaning up the City and picking up abandoned
automobiles and they do a lot of community service in that sense. And they've
been doing it for years. They would have a financial situation that would be
detrimental to them if they have to share that area. It does not leave enough
money for them to make it a profitable venture for them with all the stuff
that they do for the City already. If Downtown Towing and then the Commission
want to consider Downtown Towing providing work for the City, I wouldn't be
opposed to it moving to zone 2, for example, but I think that Molina Towing
should keep, like they've had for years, that section 3 that they currently
have right now.
Mayor Suarez: The one we initially awarded in concert was zone...
Mr. Plummer: Wait a minute, wait a minute.
Ms. Wolfson: Three.
Mayor Suarez: ... three. Molina and Downtown subject to your solving these
problems.
Ms. Wolfson: Which they have done.
Mayor Suarez: If we do now, zone 2, they're not present here. Who ever was
awarded that region, they're present here and they're going to argue. You see
the problem?
Mr. De Yurre: Well, the thing is that I'm not too happy with, the co -concept I
of Downtown Towing, you know, with this ramification about the legalities if
you look at the board of directors, they all have the last name, I presume,
that they're all family so it's still the spirit of what was requested here a
few weeks ago that he be taken out of the company, you know, maybe done
legally or on paper, but not physically. And from what we've seen and from
the Police Officer just stopping by there the other day, he just happened to
j be there and it may be a random situation, but, you know, he was there.
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108 January 14, 1980
Ms. Wolfson: Mr. Mayor, I believe that there was a very specific condition
and specific time period put upon compliance with that condition by my
clients. They complied with that condition. It did not say, exclude this
individual from visiting his parents or visiting the premises at all, it said
remove him from owning any stock or from the board of directors, for being an
officer in an executive capacity in any way with the firm. That has been
done. We have supplied the documentation that that has been done to the City
department.
Mayor Suarez: I have no problem with Downtown Towing, I think at this point,
it's a policy decision, my feeling is, you were selected as one of two firms
subject to some conditions. I believe you've met them and I hear the
Commissioner's argument that it may not leave enough for either one, but I'm
not convinced by that argument either. I think quite a few companies have
been willing to share a region and we've heard the figures of how many cars
are picked up in any one year, how much is charged per car and it sounds to me
you could still make a pretty good profit so I would be disposed to accept and
ratify what we did in the very first meeting and, at this point, I think the
Commission just has to decide. I respect the Commissioners' viewpoint and we
really cannot continue on this, this is the third hearing that we have on this
issue and, you know, at worst, someone can compete for the contract next year
so it's not the end of the world. I want to make sure that legally, which
ever way we vote on this, we're doing the correct thing. Madam City Attorney,
are we now in a position, you think, that we could go either way?
Mr. Dawkins (Off mike): Hold it, hold it, hold it, before discussion.
Mayor Suarez: Yes.
Mr. Dawkins (Off mike): On discussion.
Mayor Suarez (Off mike): I understand your legal question, but go ahead.
Mr. Dawkins: Did I hear us say we're going to move somebody into zone 2?
Mayor Suarez: So far, that has not been proposed. Because that would be
going back on what we did the very first meeting.
Mr. Dawkins: See, because, OK, as long as we're not talking about putting
anybody in zone 2 with anybody, all right. OK, go ahead.
Mayor Suarez: Madam City Attorney, are we OK either way, whether we decide to
go back to splitting zone 3 or whether we decide to award it exclusively to
Molina Towing. Are we OK on either?
Mrs. Dougherty: Yes, sir.
Mayor Suarez: I've indicated how I'm going to vote, so...
Ms. Wolfson: All right, if your decision is going to be based on the relative
merits of various towing companies in terms of awarding it totally to Molina
or totally to Downtown Towing, then Commissioner De Yurre has mentioned some
of the characteristics of Molina Towing and I'd like the opportunity to make a
presentation on behalf of Downtown Towing too, because I think that...
Mayor Suarez: But I thought we did that, Counselor, at the very first
meeting. We had a full hearing on this issue. Not that last one that you
missed, but the first one of the three.
Mr. Guarch: Commissioner De Yurre has mentioned a lot of good things about my
colleague and without looking at also what Downtown Towing without having a
zone or even working for the City, what we have done. In other words, we are
not dependent on the City of Miami, yet we have done things that a lot of the
other towing companies have done. And as far as keeping clean their area and
as far as having the facilities to do it, I think you should walk through some
of the companies and realize the difference between one and another. And I'd
like to show you, without even having a contract with the City of Miami -
these are only a few that I could get on here, Tops for Kids, MADD mothers
against drunken drivers, Grand Prix. We participate with Metro and the City
of Miami in doing all of these benefits without any contract. Now, the reason
why that contract has been - some of these companies have been towing for so
long, like Molina, in the same area is because since 1979 there has not been
109
January 14, 1988
one contract brought up. And the last contract that we've come up with is, I
myself and some of the other companies...
Mayor Suarez: Won't you speak into the mike.
Mr. Guarch: ... some of the other companies were involved in this, we
negotiated with the City of Miami and finally came through and we didn't have
a contract.
Mayor Suarez: It was highly embarrassing to be without a contract for the
years. When I took office we didn't have a contract and, not only that, we
had a lot of complaints about the existing unofficial contract that seemed to
exist or seemed to be in effect.
Mr. Guarch: So, if you consider then that, yes, a lot of these companies have
been towing for eleven or seventeen years, or whatever it might be, you should
educate yourself to the point that they have not had a contract renewed. So, —_
we have been knocked out and the last time there was a contract that came up,
we were approved and recommended and we had the contract, but, again,
something like this, which had nothing to do with any other problem other than
something in the contract, they threw it out again and we went back and until
this year, after since 1979, there's not been a contract. And everybody here
has been working - all the towing companies have been working without a
contract so how can we get into the City contract and do work for the City if
there hasn't been a contract?
Mayor Suarez: What's the Commission's pleasure? If you don't make a motion,
I will. I'll move that...
Mr. Plummer: I'll make a motion, Mr. Mayor, first of all, to the Officer of
the Police Department. Sir, you see item 67 as presented before us. Do you
recommend that?
Mr. Shannon: Yes.
Mr. Plummer: I move it.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-56
A RESOLUTION AMENDING SECTION ONE OF RESOLUTION NO.
87-1027, ADOPTED NOVEMBER 19, 1987 WHICH HAD APPROVED
CERTAIN TOWING AGENCIES FOR FURNISHING TOWING SERVICES
IN DESIGNATED ZONES IN THE CITY, TO PROVIDE THAT CORAL
WAY TOWING, INC. BE APPROVED FOR FURNISHING TOWING
SERVICES IN ZONE FOUR IN ADDITION TO BLANCO TOWING,
INC. D/B/A FREEWAY TOWING AND TO PROVIDE THAT MOLINA
TOWING, INC. BE SOLELY APPROVED FOR FURNISHING TOWING
SERVICES IN ZONE THREE, THEREBY REMOVING DOWNTOWN
TOWING CO., INC. FROM PROVIDING SERVICES IN ZONE
THREE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
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110 January 14, 1988
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L-1
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
49. ACCEPT GRANT - DEVELOP 125 UNIT RENTAL HOUSING DEVELOPMENT - AUTHORIZE
EXECUTION OF CONTRACTS.
Mayor Suarez: Item 68.
Mr. Odio: It's authorizing the City Manager to accept 4.6 hundred and fifty
thousand dollar housing development grant program for the development of 125
rental units.
Mr. Plummer: So move.
Mr. Dawkins: Second and under discussion.
Mayor Suarez: Moved and seconded. Commissioner Dawkins.
Mr. Dawkins: What provisions have been made to notify everybody in the City
of Miami about the availability of the next HODAG or UDAG funds?
Mr. Jerry Gereaux: Well, when we will receive a public announcement and we
will advertise not only in the papers, but contact all of the neighborhood
organizations, all of the neighborhood non profits and every developer that we
think is interested in producing housing in the City and urge them to
participate in the program.
Mr. Dawkins: I want you to do better than that, sir, I want you to go find
them and sit down with them. Have them prepare the package and you have the
package in your office when time comes to send it. Because you see, by the
time you get the notice, every damn body else will have their application in
and we'll be struggling trying to complete ours and get it in and it's in too
late.
Mr. Gereaux: Yes, sir.
Mr. Dawkins: OK, thank you.
Mrs. Kennedy: How many units will there be for the lower income families?
Mr. Odio: It says 125 units.
Mr. Gereaux: Forty per...
Mayor Suarez: It's the ACLF on...
Mr. Gereaux: Yes, forty percent are required by law to be for low income, so
that would be 40 units, 50 units, sorry.
Mayor Suarez: Is this the one on 57th and N.W. 7th?
Mr. Gereaux: Seventh Avenue and N.W. 7th Street.
Mayor Suarez: OK. I'll entertain a motion on this.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. Do we have a second?
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
III January 14, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-57
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
$4,650,000 HOUSING DEVELOPMENT GRANT PROGRAM FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE
DEVELOPMENT OF A ONE HUNDRED TWENTY-FIVE (125) UNIT RENTAL
HOUSING DEVELOPMENT IN THE CITY, AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS IN
ORDER TO IMPLEMENT THE PROGRAM SUBJECT TO APPLICABLE CITY
CODE PROVISIONS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL,
COMMISSIONER DAWKINS REQUESTED OF THE CLERK TO SHOW HIM VOTING YES
ON THE MOTION.
_ 50. AUTHORIZE ADMINISTRATION TO EXECUTE COLLECTIVE BARGAINING AGREEMENT WITH
_ MIAMI GENERAL EMPLOYEES (AFSCME, LOCAL 1907 UNION CONTRACT) FOR THE
PERIOD OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1990.
Mayor Suarez: Item 70. Collective bargaining agreement with AFSCME, local
1907.
Mr. Odio: This is to ratify the collective bargaining agreement with the
Miami union employees for the period of October 1, 187 through September 30 of
1990. Do you want me to...
Mayor Suarez: We've read not only your memos and been familiar with the
negotiations, but we've also read quite a bit in the newspapers about it, so
who ever is not familiar with this one by now. A.G., do you want to make any
statement on behalf of the union?
Mr. A. G. Sherman: My name's A.G. Sherman, President of AFSCME Local 1907.
The decision made by our members was not an easy one to make and it is
something that I think all their concerns for the City and for their fob
security and I would hope that in the future, members of this Commission when
we do have problems that you looks at the concessions made by the employees in
this contract and when there are targeted layoffs, that consideration will be
given by members of this Commission because as you know in the past, in 181
and years prior to that, most of the layoffs that have come have always come
out of the General Services ranks, the support services.
Mayor Suarez: Certainly, the idea here is not to have any layoffs in the
various departments that you represent.
Mr. Sherman: I would hope that is the intent that we would not have - we have
—_ that and I think we have some good security for the next three years but my
concern is, hopefully, that what we have done will create savings to the City
that in future years beyond that, that we will, hopefully, not have to
eliminate services which were provided by the general employees, but anyway, I
want to thank the Manager and Mr. Mielke. It's been a long time, the
112 January 14, 1988
ILI
negotiation process was tough, I think everybody came away with something that
they could live with and I appreciate the opportunity to speak to the
Commission.
Mayor Suarez: Let me ask one quick question. Dean or the Manager, the 25
percent pay cut for new employees applies at all levels, does it not?
Mr. Odio: The 25 percent new pay plan applies to all AFSCME employees...
Mayor Suarez: At all levels.
Mr. Odio: ... but, at all levels, but it also applies to all those that are
not covered by any union. All general employees are covered by this and we
started that policy the minute that AFSCME agreed to this and it also applies
to all new executive - it covers everyone that will be hired in the City as of
today, including executives. I want that made clear to all employees in the
City that are sacrificing. Any new executives will be under the new 25
percent plan and I also want to say, Sherman, I do have gain a lot of respect
for all those employees who have put themselves, their personal satisfactions
aside, and considered the future of the City of Miami. It speaks highly fo:, a _
lot of these people and I'm very proud that they're City employees and I hope
we'll keep this working relationship.
Mr. Sherman: I appreciate it, Mr. Manager, and we'll relay that message to _
them.
Mr. Plummer: Let me ask just one question and I'm not trying to throw a
monkey wrench, this Commission went on record, Mr. Manager, sometime ago about
in that same vein that all new employees hired by the City would go into the
state pension plan rather than into the City pension plan. Was that dis...
Mr. Odio: No, well you said to - you asked us to look into the possibility of
that. As it turned out and in the studies that we're doing with pension and
we will be coming back to you soon with a, hopefully, a solution to the
unfunded liability or the Gates Case as it's known.
Mr. Plummer: I'm not speaking to the unfunded liability, that's accrued from
the past.
Mr. Odio: But it turned out that the new - that the state pension plan would
be more costly to us than the one we have, believe it or...
Mr. Plummer: You've made that determination.
Mr. Odio: That was reviewed and the actuary did. E. H. Friend, who are
experts in pension plan, say that the state pension plan would cost us more
than what we have so we are in negotiations for another alternative.
Mr. Plummer: Would you send me a copy of that report, please?
Mayor Suarez: Any further discussion? Item 70? I'll entertain a motion on
it.
Mrs. Kennedy: I move the item.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. All the roll.
113 January 44, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-58
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI
GENERAL EMPLOYEES, AFSCME, LOCAL 1907, FOR THE PERIOD
OF OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1990 UPON THE
TERMS AND CONDITIONS SET FORTH IN THE ATTACHED
AGREEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
51. DISCUSSION AND DEFERRAL OF PROPOSED TRANSFER OF CONFISCATED WEAPONS TO
OTHER LAW ENFORCEMENT AGENCIES.
Mayor Suarez: Item 71. I'll entertain a motion on item 71.
Mrs. Kennedy: What you're doing here, instead of just selling them, you're
just transferring them to other law enforcement agencies, Joe?
Officer Joe Longueira: Instead of destroying them, we're not selling any
_ weapons, we're destroying them. But we have requests from IRS, from Florida
Highway Patrol, from the United States Army and some Police Departments to
give them confiscated weapons and that's what this would cover.
Mrs. Kennedy: I move this item.
Mr. Plummer: What do we get back in return?
Mr. Longueira: As this goes, nothing, sir.
Mr. Plummer: Well, I mean, doesn't it seem fair that we would get something
back in return?
Mr. Longueira: Right now, our alternative is we just destroy and we dump them
in the ocean.
Mr. Plummer: But. I mean, you know, just to - it seems like we could get
something back in return, to me. Besides that, I'm assuming we are
indemnified if we were to do such. Doesn't it seem logical to you?
Mrs. Kennedy (Off mike): Yes, but...
Mr. Plummer: Mr. Mayor, I'd ask that this matter be referred over to the
February meeting.
Mayor Suarez: So moved.
Mr. Plummer: Let's see if we can't try to get something back in return.
-; Mayor Suarez: 71.
}
114 January 14. 1988 ___:
v
Mr. Plummer: Joe, I'm not saying necessarily cash. OK? I'm not necessarily
saying dollars, but there must be something that these agencies can do for us
if we're doing for them.
Mr. Dawkins: But if we confiscated them, we didn't give nothing for them, how
we want to get paid for them, J.L.?
Mr. Plummer: Well, let's find out.
Mrs. Kennedy: Let's see what you can come up with. I'll second your motion.
Mr. Plummer: That they try to give us something back in return and I'm not
necessarily talking about cash. _
Mr. Dawkins: OK, call the roll.
Mr. Longueira: In a lot of cases there are things that they do for us. For
instance, Customs, when we were doing the sting operation with the stolen
property, they provided us with vehicles that we couldn't obtain any other
way.
Mr. Plummer: We'll talk about it.
Mr. Lingueira: OK.
Mrs. Kennedy: Call the roll.
Mayor Suarez: All right. Moved to defer, second. Any discussion? Call the
roll on deferral.
THEREUPON MOTION DULY MADE by Commissioner Plummer and seconded by
Vice Mayor Kennedy the above matter was deferred to the February,
1988, regular Commission 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.
------------------------------------------------------------------
52. URGE FEDERAL GOVERNMENT TO REFRAIN FROM REDUCING THE CITY'S FUNDING FOR
CONTINUATION OF INTERNATIONAL REFUGEE ASSISTANCE PROGRAM. (SEE LABEL
28)
Mr. Dawkins: The resolution I had from this morning, may I introduce it now,
Mr....
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: OK, I have a resolution that I asked to be brought back this
morning. Only thing, you left out two groups here, Mr. Clark and it's "a
_ resolution urging the federal government to make no reduction in funding for
the continuation of International Refugee Assistant Program which offers
service to refugees in the City of Miami. Further urging that there by an
— . increase in funding to meet the increased demand resulting from the
anticipated greater influx of refugees from Nicaragua, Cuba, Haiti and the
Dominican Republic." You don't have Cuba and the Dominican Republic. I'd
like that added. "Further directing the City Clerk to transmit a copy of this
resolution to the herein designated officials which is the federal
government." OK, it makes that motion.
Mayor Suarez: OK, With those interdelineations or modifications, we have a
�+ motion. Do we have a second?
1 115 Januar
14, 1988
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-59
A RESOLUTION URGING THE FEDERAL GOVERNMENT TO MAKE NO
REDUCTION IN FUNDING FOR THE CONTINUATION OF
INTERNATIONAL REFUGEE ASSISTANCE PROGRAMS WHICH OFFER
SERVICES TO REFUGEES IN THE CITY OF MIAMI; FURTHER
URGING THAT THERE BE AN INCREASE IN FUNDING TO MEET
THE INCREASED DEMANDS RESULTING FROM THE ANTICIPATED
GREATER INFLUX OF REFUGEES FROM CUBA, DOMINICAN
- REPUBLIC, HAITI AND NICARAGUA; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED OFFICIALS.
(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.
_ NOTE: This resolution formalizes earlier motion 88-48.
53. BRIEF DISCUSSION AND DEFERRAL OF PROPOSED ESTABLISHMENT OF A FUND TO
CREATE A POLICE MOBILE EDUCATIONAL UNIT.
Mayor Suarez: Item 72.
Mr. Plummer: What in the hell is this thing, $80.00 van?
Mayor Suarez: Miami Police Mobile Educations units.
Mrs. Dawkins: I don't want to hear J.L. on this one.
Mayor Suarez: From a law enforcement trust fund. What are we going to do
with this, John? What's this about?
Officer Joseph Longueira: Sir, what they want to do is utilize this vehicle
to go throughout the community to do crime prevention presentations, anti -drug
abuse at the schools. They find that when they try to set up crime prevention
meetings at a location, a lot of the citizens in the community are afraid to
travel out of their neighborhoods. What they want to do is use this vehicle
to take these presentations to their neighborhoods. This program will be run
by the Community Relations Section.
Mayor Suarez: What are the presentations about, I'm sorry?
Mr. Longueira: They'll cover crime prevention, anti -drug abuse.
Mr. Plummer: Why don't you take that 480,000 and go out and try to fight some
of these gangs?
i
116 January 14, 1988
Mr. Longueira: It may be used in those cases too, as a command post.
Mr. Plummer: You know, I can't see it. I really cannot see because you know
to purchase a van for the $80,000, that's just the beginning.
Mayor Suarez: I like their other idea though.
Mr. Plummer: If you've got $80,000 to spend, let's go out and spend it
somewhere worthwhile.
Mayor Suarez: The mobile unit that can go, you know, to different
neighborhoods and increase surveillance in those neighborhoods, we may have
gang activity. I guess it'll be a pretty obvious unit for $80,000.
Mr. Longueira: Well, if you're talking about a surveillance van, the
Department's been working on that...
Mr. Plummer: We got more of them than we know what to do with. You got the
new paddy wagons, you got the prisoner vans, you got - somewhere along the
line, we'd better get back to basics.
Mrs. Kennedy: Joe, it says here that - where is it - oh, that this is in
order to allow presentations to larger groups. Right now, you're going into
the different communities and hold groups in parks and public places, right,
so what's the difference between what you're doing?
Mr. Longueira: Because what's happening now is a lot of people won't...
Mrs. Kennedy: Why larger groups with the van?
Mrs. Plummer (Off mike): Boy, I tell you, if we don't get back to basic,
we're in trouble.
Mr. Longueira: ... a lot of people won't come to the presentations and leave
their community. They want us to come into their community to give the
presentations. OK, the reason, what they're talking about large...
Mrs. Kennedy: Well, don't you go into their communities for the
presentations?
Mr. Longueira: Right, this vehicle will go to different communities.
Mrs. Kennedy: I understand, but don't you presently do that in public
buildings or in parks?
Mr. Longueira: Yes, we do. But what you may consider a community and a
person that lives in an area, he considers it a lot smaller in size.
Mr. Plummer: We got park facilities. I move to defer item 72.
Mr. Dawkins: You move what?
Mr. Plummer: To defer.
Mrs. Kennedy: Second.
Mayor Suarez: Move to defer 72. Seconded.
Mr. Plummer: And we'll bring it back up at such time as the Commission
requested.
Mayor Suarez (Off mike): I didn't know, OK.
Mr. Dawkins: STP'd. STP'd.
Mayor Suarez: Call the roll. I like the idea of moving back to the basics,
somehow also, Joe, and coming up with something a little bit more tangible
than what this sounds like to tell you the truth. Call the roll.
117 January 14, 1988
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-60
A MOTION TO DEFER CONSIDERATION OF PROPOSED
ESTABLISHMENT OF A FUND FOR $80,000 (TO CREATE A
POLICE MOBILE EDUCATIONAL UNIT); FURTHER STATING THAT
THIS ISSUE SHALL BE BROUGHT BACK AT THE REQUEST OF THE
CITY COMMISSION.
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: Yes, you know that mobile stage that we've got. That thing has
solved us more problems. How much does that cost, Mr. Manager? It's in high
demand all over the place for...
Mr. Plummer: The Showmobile.
Mrs. Kennedy: The Showmobile, right.
Mr. Plummer: Well, the problem with the...
Mayor Suarez: That at least provides a good sound system and has people
involved, you know all...
Mr. Plummer: Do you know what the problem with the Showmobile is?
Mayor Suarez: We only got one.
Mr. Plummer: The City's cost to set it up and tear it down is $750 minimum.
Mayor Suarez: Well, at $80,000 a pop, I mean, you could set it up and remove
it quite a few times. How much does that cost more or less?
Mr. Odio: The...
Mr. Plummer: Showmobile.
Mayor Suarez: Showmobile. Everything's got a name in life.
Mr. Odio: I don't know, honest.
Mr. Plummer: We have two of them.
Mr. Odio: But we have two of them.
Mr. Plummer: We have a big one and a small one.
Mr. Odio: We have a big, yes.
Mayor Suarez: For big demonstrations and small demonstrations?
Mr. Plummer: Yes.
1 118 January 14. 19$�_
54. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO AMERICAN BARGE CLUB, INC. FOR
USE OF BUILDING SPACE AT ANTONIO MACEO PARK REGARDING ROWING PROGRAMS
FOR YOUTHS AND THE HANDICAPPED.
------------------------------------------------------------------------------
Mayor Suarez: Item 89, 1 understand, involves handicapped community and also
involves the state representative who is here, I presume, on a pro bono basis,
Arnhilda Gonzalez-Quevedo. We'll take that out turn for two reasons.
Dr. Aldo F. Berti: Honorable Mayor Xavier Suarez and Honorable Commissioners,
my name is Dr. Aldo Berti, I'm a neurosurgeon here in the community. I'm the
Chief of the Department of Surgery at Cedars Medical Center. What I'm here to
do it to offer the City of Miami, free of any cost, a program for the disabled
involving the sport of rowing and for the youth of the City of Miami. We have
been invited by the Antonio Maceo Foundation to develop this program in the
new park that is being built by the foundation in City property. This program
will not cost a cent to the City of Miami. We will cost all of it, we will
manage it, we will the coaches, and we will have the boats and we will offer
this service, as I was telling you, to the handicapped, the youth, and also
the masters and people in competition age.
Mr. Plummer: Mr. Manager, do you recommend it?
Mr. Odio: With qualifications. Bill, are you there? No, we get this part to
be run by the Antonio Maceo Foundation and they came to me and said that this
group wanted to spend their own monies to rebuild the building, to refurbish
the building that is now in place there. There is no building in...
Mr. Plummer: It's on a revocable permit.
Mr. Odio: It's on a revocable permit.
Mr. Plummer: I move item 89.
Mrs. Kennedy: They have done a tremendous job and I was going to move it. In
that case, I'll second.
Mayor Suarez: So they recommend it, the Maceo Foundation?
Mr. Odio: The Maceo Foundation brought it to us.
Mayor Suarez: You know, let me say, you have overcome a great handicap in
having anything to do with rowing brought before this Commission in view of
all the rowing we hear about the City Manager, but...
Mrs. Kennedy: I think that you should abstain from anything that has to do
with rowing. No recommendations.
Dr. Berti: We want them to have competition.
Mr. Odio: I know.
Mayor Suarez: And I want to recommend strongly our basketball program for
handicapped that is going and traveling all over the country, as you know, and
doing very well, our team even though...
Mr. Odio: Are you going to participate in that team? You're going to be...
Mayor Suarez: ... the Manager's son and I played one time and ended up with
some incredible calluses from pushing those wheels around. Anything else on
this matter? Call the roll on 72 - 89 rather.
119 January 14, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-61
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE
PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
THE AMERICAN BARGE CLUB, INC. FOR USE OF 2929 SQUARE
FEET OF BUILDING SPACE IN ANTONIO MACEO PARK, LOCATED
AT 5515 N.W. 7TH STREET, IN CONNECTION WITH ROWING
PROGRAMS FOR YOUTHS AND HANDICAPPED CONDUCTED BY SAID
ORGANIZATION IN SAID PARK.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Dr. Berti: Thank you very much, your Honor.
Mayor Suarez: I have a request on this item. I hope it's not needed at this
point from Mr. Rangel. To speak on this item 89.
Mr. Rangel: Yes, I just wanted to cay that. I've been participating...
Mayor Suarez: Are you in favor?
Mr. Rangel: Yes, I am.
Mayor Suarez: We have a saying around here, you know, when momentum is on
your side, you speak at your own risk. In this case, we already voted on the
item, but go ahead and make it brief.
Mr. Rangel: I just wanted to say that I've been rowing for eight years. I
had to quit there for a while when I went to school and we had been using
those facilities before. We used to be called the Cuban Rowing Academy years
back and I think that the City of Miami needs more rowing competition. We
have a tremendous football team called the University of Miami and I think we
would have a great rowing team if we have more competition in this City and I
thank you so much for your - yes.
------------------------------------------------------------------------------
55. APPOINT TWO INDIVIDUALS TO THE CITY OF MIAMI YOUTH ADVISORY COUNCIL
(APPOINTED WERE: ALBERT RODRIGUEZ AND CAROLINA VILLAVERDE.)
------------------------------------------------------------------------------
Mayor Suarez: Item 73.
Mr. Plummer: Mr. Mayor, that's mine. I have two members to appoint, Albert
Rodriguez and Carolina Villaverde. Villaverde.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
120 January 14, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-62
A RESOLUTION APPOINTING TWO (2) INDIVIDUALS TO THE
CITY OF MIAMI YOUTH ADVISORY COUNCIL FOR THE REMAINDER
OF A TERM OF OFFICE EXPIRING MAY 6, 1988.
(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.
------------------------------------------------------------------------------
56. A) APPOINT INDIVIDUALS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
(APPOINTED WERE: DARIO RESTREPO AND MARIA C. DE LA ROSA. SEE RESOLUTION
88-63 FOR FULL LIST. PENDING STILL IS NOMINATION TO BE MADE BY
COMMISSIONER DE YURRE.)
B) ALLOW RESIDENTS OF THE DOWNTOWN COMMUNITY DEVELOPMENT AREA AND THE
MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA TO HOLD A NEW ELECTION TO
SELECT A REPRESENTATIVE TO THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD.
----- ------------------------------------------------------------------------
Mayor Suarez: Item 74.
Mr. Odio: Yes, sir, you still have remaining appointments one nomination by
the Mayor and one by Commissioner Kennedy and two by Commissioner De Yurre on
this one.
Mayor Suarez: I nominate Dario Restrepo.
Mrs. Kennedy: Mine is Maria C. De la Roza.
Mayor Suarez: OK, I'll entertain a motion on those two nominations.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-63
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
EIGHTEEN (16) MEMBER CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD IN ACCORDANCE WITH RESOLUTION 67-1006,
ADOPTED BY THE CITY COMMISSION ON NOVEMBER 19, 1987.
(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:
121 January 140 1988
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: Item 75.
Mr. Dawkins: Wait a minute, what about - hold it...
Mayor Suarez: I'm sorry.
Mr. Dawkins: Commissioner De Yurre, I don't know if he's ready now or is
going to wait until the next meeting.
Mayor Suarez: Do you want to hold that appointment?
Mr. De Yurre: I'm going to wait until the next meeting.
Mr. Frank Castaneda: And also is the ratifications of the nominations by the
target areas. In Allapattah, Mariano Cruz was nominated by the target area.
In Coconut Grove, Frankie Rolle. In downtown, there was no recommendation at
all. So you have an open choice there. In Edison Little River, Sandy Hall
which is the incumbent. In Little Havana, Hector Lopez. In Model City, we
have a tie between Cornelius Allen and Prentice Rasheed and one of them should
be selected. In Overtown, Ann Marie Adker and in Wynwood, Dorothy Quintana.
Mayor Suarez: Would we create a problem if we recommend the two that were
tied in one target area to be one of them be representative from downtown?
Mr. Plummer: No, they don't represent downtown.
Mr. Castaneda (Off mike): They don't represent downtown.
Mr. Dawkins (Off mike): They don't live downtown.
Mayor Suarez: With the exception of downtown, I'll accept the motion on
those. We have to choose, I guess between those two.
Mr. Castaneda: Cornelius Allen is the existing, is the current board member.
Mayor Suarez: I see Lori back there giving a recommendation. Well, Mr.
Rasheed is quite involved in the loan program issue and a few other issues so
I certainly have no problems in entertaining a motion that would include
Cornelius Allen. I don't know Mr. Allen but I see a strong recommendation on
his behalf back there.
Mr. Dawkins: On what, say what now?
Mrs. Kennedy: Is Mr. Cornelius Allen here?
Mr. Dawkins: Cornelius Allen has served religiously for a number of years.
Mr. Castaneda: For a number of years.
Mr. Dawkins: So I recommend Cornelius Allen.
Mayor Suarez: So moved. I second that along with the rest of the
nominations.
Mr. Dawkins: And that has no reflection on Mr. Rasheed, but here's a guy
who's been there and been doing the job well so why change it?
Mrs. Kennedy: It has been moved and seconded that Mr. Cornelius Allen be
nominated. Any further discussion?
Mayor Suarez: And the rest of those too.
122 Januar 14 1988.
w
Mrs. Kennedy: And the rest, yes. Hearing none, please call the roll.
AT THIS POINT, THE CLERK BEGINS TO CALL THE ROLL ON THE ABOVE STATED MOTION.
THE CLERK WAS INTERRUPTED AND ROLL CALL WAS NEVER FINISHED.
Mr. Dawkins: You know what. I think I would rather send this back because
with six votes, 1 don't think that's representative of the neighborhood with
three for three. So I'd rather send it back and let them revote.
Mr. Plummer: Which particular one?
Mrs. Kennedy: The ones in Model City?
Mr. Dawkins: Model Cities. I just don't think six people represent...
Mayor Suarez: Well, now that they have a tie, maybe they'll get all the
people together so that they have a larger turnout.
Mr. Dawkins: Yes, I'd send this back and have another vote and bring it back
to us.
Mayor Suarez: OK, so amended the motion. We approve the rest and leave those
two areas to be determined. One in which there was a tie and one in which
there was no recommendation. I'll entertain a motion, you're moving that,
right, Commissioner?
Mrs. Kennedy: I so moved.
Mayor Suarez: And you second it?
Mr. Dawkins: Yes, Mr. Mayor.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-63.1
A MOTION DIRECTING THE ADMINISTRATION TO ALLOW THE
CITIZENS OF THE DOWNTOWN COMMUNITY DEVELOPMENT AREA
- AND THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA
TO HOLD A NEW ELECTION TO SELECT A TARGET AREA
REPRESENTATIVE TO THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
123 January 14, 1988
------------------------------------------------------------------------------
57. RATIFY CITY MANAGER'S FUNDING OF SOLE SOURCE - WAIVE COMPETITIVE SEALED
BIDS AND APPROVE UPGRADING OF POLICE DEPARTMENT'S AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM.
------------------------------------------------------------------------------
Mayor Suarez: Item 75.
Mc. Plummer: Mr. Mayor, I'd like to move 75 with the proviso that I be given
two weeks to go and see one of these systems in operation. I still have
reservations in reference to making a hybrid machine, but they tell me it is
possible to come up with a first class system, so I would move it with the, I
guess the approval of rejection within two weeks after this, it will bring it
up at the next meeting.
Mr. Dawkins: Where is the nearest one in operation, J.L.?
Mr. Plummer: Across the street at Dade County.
Mr. Dawkins: Dade County?
Mr. Plummer: Yes.
Mr. Dawkins: They have the s....
INAUDIBLE COMMENTS.
Mr. Plummer: I so move with that provision.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: If we can finally get this determined and decided even if it
means you're going to become a fingerprinting expert, that's fine with me.
Mr. Plummer: I was around for the initial.
Mr. Dawkins: No, I still have the same reservations. I just don't see how we
can continue to buy a machine and pay $100,000 to somebody every year because
there'll the only one who can repair it. I have my same reservations, I mean
I haven't changed. But yet and still everybody keeps saying, this is the sole
service provider, these people have created a monster and they're the only one
and we've had it ten years and in ten years, we have not put anybody in there
to learn how to repair it. That's my same reservations.
Mr. Plummer: We can follow through on that with the new machine. Train
somebody in house.
Mr. Dawkins: That's right.
Mr. Plummer: I moved it, Mr. Mayor.
Mayor Suarez: For that much amount to service, you would think we'd be able
to train somebody and save about sixty or seventy thousand dollars.
Mr. Plummer: Should be able to.
Mr. Dawkins: Easy.
Mayor Suarez: OK, with that strong modification recommendation, we have a
motion and a second?
Mr. Dawkins: Second.
Mayor Suarez: We need 4/5ths vote. Do we have 4/5ths of the Commission here?
Mr. Dawkins (Off mike): No.
Mayor Suarez: Yes we do. Call the roll.
124 January 14, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-64
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDS AND APPROVING THE UPGRADING OF THE MIAMI POLICE
DEPARTMENT'S AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
AT A PROPOSED COST OF $811,000,000 FROM DE LA RUE
PRINTRAK, INC., ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT CAPITAL IMPROVEMENT BOND FUND PROJECT NO.
312014 ($616,000,000) AND PROJECT NO. 312017
($195,000,000) INDEX CODE 8299401-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
58. AUTHORIZE PURCHASE OF TWO PARCELS LOCATED IN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA TO DEVELOP HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES.
-•-----------------------------------------------------------------------------
Mayor Suarez: Item 76.
Mr. Dawkins: Move it.
Mayor Suarez: Moved for low and moderate income project in Wynwood.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-65
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO
(2) PARCELS (PARCEL NOS. 04-05 AND 04-06) LOCATED WITHIN
THE WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA, FOR THE
PURPOSE OF DEVELOPING HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY
SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT
PROGRAM, IN ACCORDANCE WITH RESOLUTION NO. 77-73; FURTHER
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE
SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND
CONFIRMATION OF OPINION OF TITLE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
-- 125 January 14, 1988
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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
Mayor Suarez: Any chance the Community Development and Housing Conservation
Agency Departments will get together and provide me with charts showing all of
the rehab housing and affordable housing we're building throughout the City in
one integrated and intelligible, understandable...
Mr. Plummer: No way.
Mayor Suarez: ... set, at least...
Mr. Plummer: No way.
Mayor Suarez: If not one...
Mr. Dawkins: Stop, J.L.
Mayor Suarez: ... chart, at least a set of charts by target areas that can be
displayed somewhere around my office so people know that we're doing those
things there including myself. Be able to explain and, hopefully, the media
like Michael Putney will come down and do a little pictorial on all the great
housing projects that we have. We've got to provide you with your props, you
know.
59. INCREASE AMOUNT IN CONTRACT WITH WILLIAMS PAVING CO. FOR CONSTRUCTION OF
DOWNTOWN HIGHWAY IMPROVEMENT - PHASE I - H-4498 - ACCEPT COMPLETED WORK.
Mayor Suarez: Item 77.
Mr. Don Cather: This is a final payment for downtown highway improvement,
phase I, CIP project, well you know that, and an increase in contract of
$8,000.
Mayor Suarez: I'll entertain a motion on that.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
126 January 14, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-66
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $8,228.67 IN THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND WILLIAMS PAVING CO., INC., DATED
MARCH 7, 1986, FOR THE CONSTRUCTION OF DOWNTOWN
HIGHWAY IMPROVEMENT PHASE I IN DOWNTOWN HIGHWAY
IMPROVEMENT PHASE I DISTRICT H-4498 CIP PROJECT NO.
341102, SAID FUNDS TO BE PROVIDED FROM HIGHWAY GENERAL
OBLIGATION BOND FUNDS ALREADY ALLOCATED TO THE
PROJECT; FURTHER ACCEPTING THE COMPLETED WORK OF
WILLIAMS PAVING CO., INC., AT A TOTAL COST OF
$1,631,565.39; AND AUTHORIZING A FINAL PAYMENT OF
$184,589.17.
(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.
60. AUTHORIZE AGR`3EMENT WITH REGINALD A. BARKER, AICP, FOR PROFESSIONAL
PLANNING SERVICES REGARDING FINALIZATION OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1988-2000.
------------------------------------------------------------------------------
Mayor Suarez: Item 78.
Mr. Sergio Rodriguez: Item 78 is composed of two portions. The first one is
waiving the requirement and prohibition of City employees to work with the
City in less than two years and the second one is execution of an agreement to
do some work for us as part of the comprehensive plan. We're using money from
the state grant that we received. The consultant that we are recommending is
Mr. Reggie Barker which is a member of the American Institute of Certified
® Planner, extremely qualified, and the work that we're going to get done by
him, if this is approved, is necessary for our comprehensive plan. Mr. Barker
is here in case you want to ask any questions.
Mr. Dawkins: That's Mr. Barker?
Mr. Rodriguez: Yes, sir.
Mr. Dawkins: You all finally brought one, huh?
Mr. Rodriguez: Mr. Barker, by the way, worked with the Planning Department -
when did I hire you? 1984.
Mr. Dawkins: No, no, Mr. Barker you're here because I've been raising hell,
OK? That's why you're here. I'm tired of them bringing up people who leave
the City of Miami and come back; but see, you aren't getting anything. The
white folks leave and come back at sixty, seventy and eighty thousand dollars.
They're bringing you back as a consultant at $41,000 but at least we got a
start. OK.
Mr. Odio: Mr. Barker...
- 127 January 14, 1988,
Mr. Dawkins: And I'm happy to have you, sir, and welcome.
Mr. Odio: He's right about his - you're here because...
Mr. Dawkins: That's right, he's here because I've been raising ----► that's
right.
Mayor Suarez: That's right.
Mrs. Kennedy: And this is state money, this is not costing the City any
money, right Sergio?
Mr. Rodriguez: We have the money from the grant that we applied for and we're
obligated to do this project by the state laws that we have to follow.
Mayor Suarez: I'll entertain a motion and a second before Sergio gets carried
away and gives us a long explanation.
Mr. Plummer: Move it, move it.
Mrs. Kennedy: Second, second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-67
A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF
THE CITY COMMISSION THE REQUIREMENTS AND PROHIBITION
CONTAINED IN CITY CODE SECTION 2-302; AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY
IN THE FORM ATTACHED, SUBJECT TO THE CITY ATTORNEY'S
APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL
PLANNING SERVICES WITH REGINALD A. BARKER, AICP,
PRIMARILY IN CONNECTION WITH THE PREPARATION AND
FINALIZATION OF CERTAIN ELEMENTS AND TASKS OF THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1988-20000, FOR
AN EIGHT AND ONE-HALF MONTH PERIOD FROM JANUARY 16,
1988, THROUGH SEPTEMBER 30, 1988, FOR A TOTAL FEE OF
$41,000 WITH FUNDS IN THAT AMOUNT AVAILABLE FROM THE
STATE OF FLORIDA LOCAL FY-88 GOVERNMENT COMPREHENSIVE
PLANNING ASSISTANCE PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I always said you should have been a politician, Sergio.
128 January 14, 1988
----- -----------------------------------------------------------------------
61. EMERGENCY ORDINANCE: ESTABLISH PROJECT ENTITLED "PIER 3 - MAJOR REPAIR".
Mayor Suarez: Item 79.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, ADOPTED OCTOBER 22, 1987, THE CAPITAL
APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE PROJECT
ENTITLED "PIER 3 - MAJOR REPAIR", PROJECT NO. 413010,
IN THE AMOUNT OF $50,000 FROM THE FY -88 GENERAL FUND,
SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND;
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. 10372.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Did we state the nature of the emergency? I guess,
otherwise...
Mr. Dawkins: It's written up at the top, Mr. Mayor.
Mr. Plummer: It's there, it's printed.
Mr. Don Cather: That's item 80.
Mr. Dawkins: Where it say, note, under note.
Mayor Suarez: OK.
129 January 14, 1988
Mrs. Dougherty: It's an order to relieve dangerous and unsafe conditions that
presently exist at the pier.
Mayor Suarez: All right.
62. WAIVE SEALED BIDS REQUIREMENT - AUTHORIZE ADMINISTRATION TO ACCEPT
LOWEST RESPONSIBLE BID FOR PURCHASE OF MOORING DOLPHINS IN CONNECTION
WITH "PIER 3 - MAJOR REPAIR".
Mayor Suarez: Item 80.
Mr. Plummer: I move 80.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. I heard a second, right?
Mr. De Yurre: Second.
Mrs. Kennedy: Yes.
Mr. Dawkins: Yes, Commissioner De Yurre...
Mayor Suarez: Any discussion? Call the roll on item 80. Do we have to state
an emergency on 80? Nope, call the roll. It's a resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-68
A RESOLUTION WAIVING THE REQUIREMENTS FOR FORMAL
SEALED BIDS AND AUTHORIZING THE CITY MANAGER TO ACCEPT
THE LOWEST RESPONSIBLE AND RESPONSIVE BIDS FOR THE
PURCHASE AND INSTALLATION OF MOORING DOLPHINS IN
CONNECTION WITH "PIER 3 - MAJOR REPAIR", WITH MONIES
THEREFOR ALLOCATED FROM THE "PIER THREE - MAJOR
REPAIR" ACCOUNT, PROJECT NO. 413010, TO COVER THE
CONTRACT COST; ADOPTING THE CITY MANAGER'S WRITTEN
FINDINGS THAT A VALID EMERGENCY EXISTS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH
SAID FIRMS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
130 January 14, 1988
------------------------------------------------------------------------------
63. WAIVE PROHIBITION OF APPEARANCE OF FORMER CITY OFFICER BEFORE CITY
COMMISSION WITHIN TWO YEARS AFTER LEAVING EMPLOYMENT (ESTHER FAVOLE
CONSULTING, INC.)
Mayor Suarez: Item 81.
Mr. Dawkins: I move 81.
Mr. Plummer: Move it. Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Yes.
Mr. Dawkins: I would hope, is she here?
Mayor Suarez: I don't think so.
Mr. Odio: I don't see her here.
Mr. Dawkins: OK, I would hopr that this lady would not run into the same
problems that Howard Gary has run into. Howard Gary came before us, we waived
the two year whatever it is and Howard Gary is yet to get anything favorable
from the City of Miami in the line of contracts. So now, if we're going
through an exercise of futility here, I mean, I don't want no part of it.
Mrs. Kennedy: Well, let's give her a try. I move it.
Mr. Dawkins: I mean, but see, what I'm saying is that I want to pass it but I
also want the City to make every effort it can to give her some contracts.
Just don't come down here and say, I mean, if Howard Gary walked in here right
now, he hasn't had two contracts from this City since he left here because
everybody is afraid to touch Howard Gary because the Miami Herald, the Miami
News and everybody's going to say, the City of Miami is doing Howard Gary a
_ favor.
- Mr. Plummer: I agree with you but that's not what this speaks to.
Mr. Dawkins: It speaks to given this - what does it speak to?
Mrs. Kennedy: Waive of the two year rule.
Mr. Plummer: This speaks for appearances here representing other firms, not
City business.
Mrs. Kennedy: We're just waiving the two year rule.
Mayor Suarez: Well, it conceives of that too.
Mr. Plummer: I agree with you, Miller.
Mayor Suarez: I agree. i agree.
Mr. Dawkins: Everybody up here know what I'm saying, Mr. Manager and the
people out there too.
Mrs. Kennedy: OK, I move it.
Mr. Dawkins: Second.
Mayor Suarez: Call the roll on item 81.
131 January 14, 1908
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-69
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
APPEARANCE OF A FORMER CITY OFFICER, OFFICIAL OR
EMPLOYEE BEFORE THE CITY COMMISSION WITHIN TWO YEARS
AFTER LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION
APPLIES TO ESTHER FAVOLE OF ESTHER FAVOLE CONSULTING,
INC., WHO LAST SERVED AS AN ADMINISTRATIVE OFFICER -
C.C. ON OCTOBER 1, 1987 AND WHO HAS ENGAGED IN
PROVIDING CONSULTANT SERVICES SINCE THAT DATE AND WHO
NOW SEEKS TO APPEAR AND REPRESENT CLIENTS IN MATTERS
COMING BEFORE THE CITY COMMISSION FOR ITS
CONSIDERATION.
(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.
64. AUTHORIZE ADMINISTRATION TO AMEND 13TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FINAL STATEMENT TO HUD (INCREASE FEES ($5,400,000) FOR
FREEDOM TOWER RESTORATION LOAN.
Mayor Suarez: Item 82.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: I'd like to discuss this a second.
Mr. Dawkins: Under discussion. Somebody had some dis...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, sir.
Mr. Dawkins: This was put on the agenda because we had people in the
community who didn't understand it and wanted to speak on it.
Mr. De Yurre: My understanding was that part of the deal that this company
was providing was that they were going to give 4,000 square feet of space for
a Cuban museum.
Mrs. Kennedy: Cuban museum, and I made an attempt, or a couple of attempts
yesterday to contact Mr. Ramlawi, and I couldn't get to them, so...
Mr. Plummer: They would make space available...
Mrs. Kennedy: ... I would like to have an answer of that. I'd like to know
exactly the number of square footage...
132 January 14, 1988
Mr. Dawkins: Oh, Oh.
Mr. Plummer: That was not my understanding.
Mr. Dawkins: That was not my understanding.
Mr. Plummer: My understanding was, that they would make 4,000 feet of space
available, at a negotiated understood, very low fee, but it was never said to
me that it was going to be free.
Mayor Suarez: Mr. Manager, free?
Mr. Odio: Free, free, free!
Mrs. Kennedy: It was free.
Mr. Dawkins: All right, well, what are we going to do about another place in
there free? You see, you are "opening up a can of worms" here now. If you
are going to have a Cuban museum free, I've got to have a Black museum free,
and the white folks need a free museum. See, you all are "opening up a wrong
can of worms."
Mr. Plummer: It was never told to me it would be f ree.
Mr. Dawkins: That's right, here we go.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Will somebody please tell us?
Mayor Suarez: We could always make it 4,000 square feet, donated space for
museum facilities, as requested and approved by this Commission.
Mr. Odio: Mr. Mayor?
Mayor Suarez: We don't need to decide that today.
Mr. Odio: Yes, but Mr. Mayor and Commissioners, let me clarify this. There
_ are no conditions to this loan. This loan stands on its own. He, the
developer, volunteered, after the loan was approved...
Mayor Suarez: Why don't we get him here, to come at least to the next meeting
and clarify what it is that he is offering, but your understanding that he has
given us 4,000 square feet free space for some kind of museum?
Mr. Dawkins: 2,000...
Mr. Odio: And the reason it was that kind of a museum was that that building
was created and it was officially named as the Historic Tower, because that is
where the Cubans were processed.
Mr. Plummer: Yes, but you know, let me tell you something, Cesar. First and
foremost, who is going to be the curator? What group is going to be
designated to go in there?
Mr. Odio: I believe that he has been talking, or his group with the Cuban
Museum.
Mrs. Kennedy: We have held several meetings with Carlos Luis, and the people
from the Cuban museum.
Mr. Odio: He was no condition to the loan whatsoever. That was something
that he volunteered, or proffered, but that the loan in itself stands on its
own.
Mr. De Yurre: The thing is, that it is not on the record right now, and if he
proffered it and he offered it, I think it should be included in the
resolution.
Mr. Dawkins: OK, have him come down and tell us that... how many?... there is
1,000 square feet for somebody, 1,000 square feet for somebody else and 1,000
square feet for somebody else.
133 January 14, 1908
Mr. De Yurre: The only reason, Miller, is that you know, that is the
historical significance that place has for the Cubans. You know, if we can
find another place that has significance to another community, we would be
more than glad to support whatever needs to be done to get what you need.
Mr. Dawkins: OK, no, let me tell you what happened now, see. The building
was there long before the refugees came, OK?
(APPLAUSE)
Mr. Dawkins: No, wait now, I mean I want you all to understand... so
therefore, everybody has a right to be proud of the building. Now, the
gentlemen got a loan of $5,000,000, and the reason he got the loan is that
specifications says that this loan must be available in twenty-four hours.
Everybody has been calling my house and wants to know, how can he get
$5,000,000?
Mrs. Kennedy: Forty-eight.
Mr. Dawkins: Anybody out there who can repays loan in forty-eight hours can
get the same loan. Now, then the gentlemen said that because of the
significance of the building, I am willing to set up a memorial to the
individuals who came over here and used this building in honor of gaining
freedom, and that is how it came about. The gentlemen did not give it, you
know, for no special purpose, OK? So, and...
Mr. De Yurre: I've got no problem with that.
Mr. Dawkins: I just want to clear the air so we know, you would be surprised
how many people have been knocking on our doors telling everybody that you all
gave away something, OK? And that is how it happen, OK?
Mr. De Yurre: Well, I'd like to get it on the record before I can vote on
this item again.
Mayor Suarez: What? - that he is going to provide 4,000 square feet of
donated space for a museum?
Mr. De Yurre: Yes, and then we can decide what we want to do with it, but...
Mayor Suarez: Right, we don't need to get into what museum. I mean, it is
the 4,000 square feet, please, right.
Mr. De Yurre: No, no, just that space be available at no cost.
Mayor Suarez: I don't know how to exactly precondition this, but we are
spending a pretty stiff message.
Mr. Dawkins: No, it's not preconditioned.
Mayor Suarez: Right, we are sending a pretty clear message to him that that
is what we understood the offer to be.
Mr. Dawkins: It's contract our zoning...
Mayor Suarez: Right.
Mr. Plummer: If the message isn't clear, he's got 48 hours.
Mr. Dawkins: He's got to bring us our money, that's all.
Mr. Hugh Weedman: My name is Hugh Weedman, I am with Zaminco Freedom, Inc.,
which is the company that has purchased Freedom Tower. The initial intent of
this was to provide a space that showed the history of the Freedom Tower, and
the Miami News Building. Now, there are several histories to that building,
the Cuban immigration is obviously one of them. It is up to everyone's
interpretation whether that is the most important...
Mayor Suarez: Remember that we are sending a message today. We don't
necessary want the answer to that message. I mean...
134 January 14, 1988
s
Mr. Weedman: OK, but I want everyone to understand...
Mayor Suarez: Are you going to give us 4,000 square feet of space free for
something?
Mr. Weedman: There have been several discussions about the space and we have
meetings with Vice Mayor Kennedy and the director of the Cuban Museum. There
are several alternatives. Nothing is set as far as...
Mayor Suarez: Can we be sure that all of the alternatives would somehow
Involve 4,000 free square feet in the...
Mr. Weedman: Whatever will be done will be done at no cost to the City and
that was the...
Mayor Suarez: And it would have approximate space of 4,000 square feet?
Mr. Weedman: Approximately space of 4,000 square feet? Yes.
Mayor Suarez: Thank you. The rest of the message I am sure we can work out.
Hopefully, we won't get into that here.
Mrs. Kennedy: Hugh, could you see Marta Martinez-Aleman from my office before
you leave, please? Cesar, I want to set up another meeting.
Mayor Suarez: Pat.
_ Mrs. Pat Keller: I'm Pat Keller, president of the Allapattah Community
Association. We have formed an alliance today, a coalition of native
Americans to fight injustice. We've combined our political power as native
Americans and we find that we comprise 50 percent of the registered voters.
Mayor Suarez: I guess my kids can be a member of that, right?
Mrs. Keller: Yes, you can.
Mayor Suarez: They are all born here.
Mrs. Keller: Yes, you can, if he feels as a native American, he is welcome
to.
Mayor Suarez: Oh, and does that...
Mrs. Keller: In fact, you are too, if you feel...
Mayor Suarez: Unless you mean native Americans in the sense of Indians. I'm
not sure what...
Mrs. Keller: Well, if you feel as a native American, you are welcome too.
Mayor Suarez: I'm not sure what that means, but, go ahead.
Mrs. Keller: What happens to our black brother happens to our white brother
and we will act accordingly. We will treat us, ourselves, as one. Our
coalition noted that our brother American was promised $570,000 in C.D.
loans - C.D. meaning community development, to develop their businesses. This
proposed pittance...
Mayor Suarez: Well, we're are not dealing with that right here on item 82.
You are talking about the emergency loan program for Liberty City merchants?
Mrs. Keller: I noted that. I noted that, therefore I am going to go on to
this building. I am well aware that we should address the issue at hand.
Mayor Suarez: Yes, because we will be getting to that loan program.
Mrs. Keller: All right, yes, and now I will get on to this building. As you
know... where is everybody?
Mayor Suarez: You have got a quorum of the Commission. Proceed.
135 January 14, 1988
Mr. Dawkins: (OFF MIKE) Yes, I am here, I am still here, Pat. I am not going
any place.
Mrs. Keller: I don't know what it is about what I have to say, but I find it
Is either very uninteresting, boring or, they don't want to hear it. At any
rate...
Mayor Suarez: Sometimes all of that.
Mrs. Keller: You are probably right. My husband says it is true. At any
rate, Community Development, as you know, was set up to address the poor and
_ the near poor. No one said it was... no one really said it, but it was
primarily set up to make up to the Black American what he suffered... what he
suffered in relation to lack of payment for the Black labor and for the
neglect his community suffered. As I say, nobody came out and said it, but
that was the real purpose of Community Development. During segregation and
beyond that, an he suffers today. I don't think we should take my word or
anybody else's word for it, but go out and take a look at Liberty City. I
think...
Mayor Suarez: Are you sure you are going to get back to the Freedom Tower?
Mrs. Keller: Yes, I am, Mr. Mayor. I did want to make that base, and then I
will go on to the Freedom Tower. C.D. serves to try to raise the legacy of
shame we owe to the Black residents. How the renovation of the Freedom Tower
is seen to serve these purposes at Community Development. How you would
propose to give Arab investors $5.4 million to, and also to install a Cuban
Museum, while my black brothers slave labor has never been paid for. I fail to
understand, nor do we understand. Fortunately we do have a voice with this
coalition of native Americans. We want the $5.4 million invested in upgrading
the Black community, and thus, we will address the true purposes of Community
Development, which was, as I have already named, for that purpose. One thing,
if I may before I finish, we don't have the officers of Zaminco. Isn't that
the law that requires the officers of this organization be named as part of
the public record?
Mayor Suarez: I'm not sure if we have ever built it into a law, but it has
been our practice and Commissioner De Yurre has been particularly emphatic
about it, so we could very...
Mrs. Keller: Yes, if you would do that, I would appreciate it, if you would
announce it at this meeting.
Mayor Suarez: In fact, we asked a little about it last time, did we not? Did
we get it onto the record who are the principals of Zaminco? Can we get from
them a statement on the record as to who the principals...?
Mr. Castaneda: I will get you that statement now, Mayor and Commissioners,
but I would like to answer the questions that have been raised.
Mayor Suarez: Well, there have been no questions raised so far, except that
one. Go ahead, Pat, we will get that for you.
Mrs. Keller: Because of the reasons I've mentioned, because of the fact that
Community Development was set up to address the poor, the near poor, it was
set up in reality to right the wrongs inflicted upon my Black brothers, this
coalition of native Americans, along with the Allapattah Community
Association, is opposed to the move to give this money to this organization to
put in a Cuban museum and to renovate Freedom Tower. I want to thank you.
Mayor Suarez: Thank you for your statement. Mr. Shearer.
Mr. Enos Shearer: Good evening, Commissioners. My name is Enos Shearer, I
represent Citizens of Dade United, as secretary and operations manager here
today. Also happen to be a member of the Liberty City Merchants Association.
Many of them are in the audience here. Of course, I am not their spokesman,
but I am a member. I speak here today, regarding the gross injustice of this
Commission, intending to provide funds for the Cubanization of Miami again,
against an American city, which this is supposed to be. Here we go again!
This is an insult to the community here, for this little plan to give a loan
to a rich Zaminco Corporation of $5.4 million to renovate the Freedom Tower...
and a further insult to put a Cuban museum inside the Tower. I mean, is this
136 January 14, 1988
o � -
America, or is this a Cuban exile community here? Actually, C.D. funds was
intended to use for economically deprived people, primarily, to minority
groups, so that they can build the City back into businesses and so forth, and
you are depriving, you would be, if you voted on this issue, to give $4.5
million dollars, would be wasted on a rich corporation that is a holding
company that plans to knock down the Columbus and another hotel, and build two
more hotels in its space. It certainly wasn't C.P. funds, certainly were not
intended for this purpose. You will be, if you take a vote on this, giving
those kinds of funds, and depriving these people of their communities worth of
economic development. Also, I would say that after the Liberty City riots, of
1980, the people were promised millions of dollars. Eight years have passed.
They haven't seen any of these kind of funds, and I am totally against the
Zaminco Corporation getting these funds. It is highly illogical. It is most
outrageous as anything that I have heard in my life. I say use the $4.5
million dollars. Feed it to Liberty City. Add another $20 million to it, and
let's get on with the economic development of my brother fellows out here,
Liberty City people. I appreciate it.
Mayor Suarez: Thank you for your statement.
Mr. Shearer: And add to that... one last statement. We already have about
three or four Cuban museums in Miami. I mean, how many can we stand to go
along with the Jose Marti statue?
Mayor Suarez: Thank you. Frank, do you want to answer anything on the issue
of the...
Mr. Castaneda: Well, I think there are several misconceptions being raised
here: (A), this $5.4 million dollars has no impact on any Community
- Development project. The money is money that has not been expended yet,
= earmarked for other projects. That is why (B), you need a letter of credit
guaranteeing all the money. The 65.4 million dollars are never at risk. Now,
why is it an important project for the City of Miami? (A), you are
encouraging the rehabilitation of that building, the taxes for that building
will go into the Overtown/Park West tax increment district.
Ms. Anne Marie Adker: I am sick of that. I am sick of that...
Mayor Suarez: Please, please, Ann Marie, please. Frank, what about if you
_ just tell us the features of this particular loan, that would have to be
satisfied by the applicant, and not get into a whole philosophy of how some of
it is going to trickle down into being of benefit to the community?
Mr. Castaneda: (A) It has to be guaranteed by a letter of credit, (B) It will
be disbursed if the building is rehabed. It has to follow all Federal
regulations, including Davis/Bacon, and which is basically union wages...
there will be provision, and the loan can be called within 48 hours.
Mayor Suarez: It means if we find a more worthy application of this that fits
all of the Federal regulations within 48 hours, we can lend the same money to
someone else and they have to supply their own $5.4 million dollars.
Mr. Castaneda: And as part of this, they will also have...
Mayor Suarez: Wait, no, answer that question.
Mr. Castaneda: Yes sir. And as part of this, they will also have to sign a
first source agreement, in which we are right now negotiating with the
contractor to have a training program during construction to hire people in
the rehabilitation of the building for training jobs.
Mayor Suarez: OK, do we get the principals?
Mr. Plummer: Wait, one other thing.
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: How long has that money been in that fund and remain dormant?
Mr. Castaneda: We have never been able to do C.D. float. No one is...
Mr. Plummer: But it has been available for eight years, is that correct?
137 January 14, 1986
Mr. Odio: It has been in Washington for eight years and nobody has ever
applied for the funds.
Ms. Ann Marie Adker: But, you are going to...
Mayor Suarez: Wait. If you are out of order, I am going to have you removed.
So, just wait until it is your turn to speak, Ann Marie. Proceed.
Ms. Adker: You are going to have me removed?
Mayor Suarez: Yes ma'am. Proceed.
Ms. Gloria Rosaloa: My name is Gloria Rosaloa, you all know me, and I just
happen to be here this moment, and I have nothing to do with this, but it is
just brings me out of myself, every time they say: "Negroes, Anglos and
Cubans." In 1961, when we came to this country, 27th Avenue, all the way over
there, it was nothing and just bushes, OK? And, now that we are trying and we
have built downtown, and we are trying to get this City to be something, then
somebody comes over here and says: "the Cubans... the Cubans... the Cubans."
In the same way you are right now saying: "Why do they say Liberty City?"
Why do they have to say the Cubans? - when we help you all along to build what
is today the City of Miami.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Anyone else want to make a statement on item 82?... the
approval of a $5.4 million dollar grant from HUD under Federal regulations to
— this company.
Ms. Adker: I...
- Mr. Odio: Mr. Mayor, before... can I say something before she? I think it is
important because I really reviewed this case. There was another loan of this
type given, and it has not been used yet. It was given, I believe to
Circa...
Mr. Castaneda: Circa.
Mr. Odio: ... for $7,000,000 with the same interest for the Overtown project.
The money has not been drawn out yet, because they have not started the
construction process, but the first...
Mayor Suarez: Well, hopefully it will bet
_ Mr. Odio: It will be drawn out, and I believe we are only $300,000 apart from
total financing of that package, but there was a precedent, and that why I
didn't question of the Circa, for Overtown, for $7,000,000, under
the same conditions and guidelines and that is why this one is the only one
like this, because these are the only people that can afford this loan, let me
put into it.
Mayor Suarez: Go ahead, Ann Marie.
Ms. Adker: I am Ann Marie Adker, and I live at 407 NW 5th Street, and that's
in Overtown. I am so sick and tired of all the things that is going around
near Overtown and not in Overtown. Maybe I don't have the full understanding
about this float grant, but I don't like it when I hear that we should agree
with what is happening on Biscayne Boulevard, so that it is a tax increment
for Overtown. I'd like to know how much of, a tax increment would this give to
projects in Overtown?
Mayor Suarez: While we are asking that question...
Ms. Adker: I want a figure!
Mayor Suarez: While we are asking that, why don't you also tell us how much
do we have in that district now on a yearly basis, so we have an idea, an
update? How much would this produce of a tax increment? How much of the
total project, Freedom Tower?
Mr. Castaneda: $14,000,000.
138 January 14, 1988
Ms. Adker: And how much would that afford to Overtown in tax incrementation?
Mayor Suarez: $14,000,000 produces in taxes that we receive, roughly...
Mr. Castaneda: In other words, both the City and the County money, would be
going, not just our taxes.
Mayor Suarez: $140,000, which...
Mr. Castaneda: That is $280,000, I would say.
Mayor Suarez: On a bondable capacity basis might produce about $1,500,000 to
build.
Mr. Odio: It will be close to $200,000 a year, that will revert back to
Overtown.
Ms. Adker: So, you are talking about Overtown seeing some sort of a result,
maybe in the next 20 years. -
Mr. Odio: No, I didn't say that.
Ms. Adker: Well, you are... _.
Mayor Suarez: Wait, wait, Ann Marie.
Mr. Odio: I am saying... you asked me the question, how much of the Freedom
Tower monies will revert back to the Overtown district? The answer is close
to $200,000 a year. Now, we expect to start building in Overtown/Park West
within the next... this year, for sure, absolutely.
Mr. Bailey: Absolutely.
Ms. Adker: This year, for sure?
Mr. Odio: Yes, Ma'am.
Ms. Adker: You mean, you are not asking for another extension of time?
Mr. Odio: I...
Mayor Suarez: How we are doing on ground breaking, Overtown/Park West? We
have asked this...
Ms. Adker: We don't want any more ground breaking, we want ribbon cuttings.
Mayor Suarez: Wait, I mean real ground breaking, Ann Marie. How does it look?
Mr. Herb Bailey: At the risk of not being too premature, I have been in touch
with the developers in the past week. In fact, I had two discussions today.
One of the primary developers, Circa Barness, that is doing the block next
door to the post office on 3rd and 2nd, yesterday after discussion with the
underwriters, we are within $300,000, of getting all of the financing in
place. We have already...
Mayor Suarez: For which ones, which development Circa wants?
Mr. Bailey: Circa Barness: We have already identified a way in which that
can take place, at little or no cost to the City. I just got some positive
news from the Department of Development from Matthew Schwartz this afternoon.
The new financing that we are proposing for Can American, is almost assured
from private development. We will have something in writing this week. John
Cruz, who also has Overtown blocks, is going coinsurance with HUD, with an
Indication that within the next two weeks he will get his approval. The
answer...
Ms. Adker: I'd like to correct you, Mr. Bailey. Unless, maybe, your sign is
dead wrong. There, across the street from the Flagler Street post office, the
sign said it is being done by Indian River Investment Corporation, not Circa
Barness & Sawyer.
139 January 14, 1986
Mr. Bailey: That is one block over, Mrs. Adker. The 2nd Avenue, at the post
office, that is Circa Barness. Indian River is already financed, and the only
reason they haven't started, is because it would not be appropriate for them
to start a loan because they are building condominium units, and the most they
would build up front would be eight units, as models, but we do have, and I
can just about rest assured now, at least 90 percent assurance, that all four
developments will be financed and we can absolutely see ground breaking, not
just a ceremony, actually a hole in the ground within the next six months.
Mr. Dawkins: Run that by me again about Indian River...
Ms. Adker: You know, somebody told me February, 1988.
Mr. Dawkins: Pleasel
Ms. Adker: And now, I am hearing in the next six monthsl
Mr. Dawkins: Yes, Ma'am, OK. One minute, Mrs. Adker. What did you say about
Can American, Mr. Bailey?
Mr. Bailey: Can American, which is now pursuing a private course of
financing, with local financiers, one of which is the plumbers' union, which
has looked at it favorably and another financier, in the central business
district, today indicated that they would very much interested and very
positive and perhaps would go with financing of Can American.
Mr. Dawkins: And you said that they are going to build what, eight units?
Mr. Bailey: No, no, that is Indian River first.
Mr. Dawkins: Oh, Indian River? Oh, that is the one in the... who is going to
build eight units?
Mr. Bailey: Indian River is the one developer that will be building "for
sale" condos, and the financing structure that they were permitted by the
banks that are participating, would only permit them to build the model units,
that is a pre -sale basis, which is traditional for every type of development
of this type.
Mr. Dawkins: You see, this is what Mrs. Adker is talking about, OK? I sat
here ever since we have been sitting here, and I told you, I told them, and I
told all my fellow Commission members that nobody should come in over there
and build no damn demonstration units.
Mr. Bailey: That is not what's happening.
Mr. Dawkins: You just told me they are going to build eight units onlyl
Mr. Bailey: No, I did not say that, if you would let...
Mr. Dawkins: Well, yes...
Mr. Bailey: No, I did not say that.
Mr. Dawkins: All right, well tell me what you said, sir.
Mr. Bailey: I said on the record I...
Mr. Dawkins: Well, tell me what you said.
Mr. Bailey: They are the model units for which the pre -sale units will be
used as a matter of selling to the public. You cannot get spec financing in
this city.
Mr. Dawkins: Beg pardon?
Mr. Bailey: You cannot get spec building financing in this City, nowhere. If
you are going for "for sales" ...
Mr. Dawkins: All right then, if they can't get it, how can Circa Barness get
it?
140 January 14, 1988
Mr. Bailey: They are doing rental units.
Mr. Dawkins: Beg your pardon?
Mr. Bailey: The units will be rental. The first 150 units will be for
rental. We can do rental unit financing, on the multifamily, but we cannot do
spec financing for "for sale" units, nowhere.
Mr. Dawkins: Well, Mrs. Adker isn't half as angry as I am, OK? Go ahead,
Mrs. Adker.
Ms. Adker: Wait a minute, Commissioner. Can American, now he has some sort of
time frame for them, but I thought that was one of the developers that
received UDAG grants.
Mr. Bailey: That is correct.
Ms. Adker: Well, shouldn't they have had a substantial financial package
together in order to get that?
Mr. Bailey: Let's talk about the real world of Miami.
Ms. Adker: And that's what I am trying to get to, Mr. Bailey.
Mayor Suarez: Ann Marie, he is answering you.
Mr. Bailey: ...Now, let me talk about the real world of Miami, in which it
has been known to the Commissioners, to the Manager, and to the Chamber of
Commerce, and everybody else. Nobody in Miami, not one financial institution
in Miami will finance anything in Overtown. We have been for two years
searching the country, trying to find someone that will be willing to put the
financing up to get these houses built. We have finally found that. We had
to go back to the Federal government. UDAG is $5,000,000. The development is
$19,000,000. We are $14,000,000 short. We have just come to the point whereby
we can get the type of financing from a variety of sources to do what we want
to have done in Overtown/Park West. It is not an easy job.
Mr. Dawkins: But, Mr. Bailey...
Ms. Adker: But, maybe it isn't an easy job for you, Mr. Bailey. You can't
probably can't sell Overtown.
Mr. Bailey: Well, that may be true, that may be true.
Ms. Adker: Not maybe, it is true, because you haven't done too much for it
until now.
Mr. Bailey: But, we are trying. We are trying.
Mayor Suarez: OK, it is looking more and more optimistic. I still won't
predict that it will actually ever happen, but looks closer to happening.
Mr. Dawkins: But see, this is again a part of my argument. You say we
cannot get anybody, any banking institutions, to build in Overtown, but yet,
when you got a UDAG grant, or HODAG grant, you gave it to somebody else in
another area where the bank will finance. If you were to give it to that land
over there, where nobody wants to finance it, that it could get financed.
Now, that is not Mr. Bailey's fault, that is this Commission's, that is our
fault. Mr. Bailey doesn't do that. These Commissioners up here do that. We
are the ones who allow that.
Mrs. Kennedy: It is a valid point, but unfortunately, UDAG grant goes to
those areas. They go to Allapattah, they go to downtown, and...
Mr. Dawkins: The UDAG grant goes to those areas because we only accept
applications from those areas.
Mayor Suarez: Well, on this particular... just to clarify, Commissioner
Dawkins and myself, and the rest of the Commission and the City fought very
hard to get, just in this administration, $10.7 in UDAG grants precisely for
this project, and we have a total of $42,000,000 in public funding involved.
Go ahead, air.
141 January 14, 1988
Mr. Edward Allen: First of all, good evening to all the Commissioners,
Mayor. My name is Edward G. Allen. I reside at 685 NW 45 Street, here in
Miami, Liberty City. I first of all, must vehemently denounce the
appropriates of grants, any money going towards a project for the
reconstruction of the downtown tower, Freedom Tower, that excludes or exempts
a fraction of the community, that is the segment of the indigenous people.
That includes my people, African -Americans. Of course, we do have a long
historical history here. We have fought for this country, six, seven, eight
or nine wars and to suggest that we cannot have an inclusion of a portion of
the museum, I think is a deprivation and a fallacy of the constitution. I
also feel that my tax dollars must be addressed appropriately for the
development, for the aspirations of my community, Liberty City, and anyone who
attempts to abridge or curtail that, is in fact, infringing against my rights
and I will fight, however it is necessary to make this issue known to the
Federal government and international countries, to show that deprivation still
persists and continues on in this country against the African American people,
who are solely proud for the inclusion of building this great nation, and I
speak firmly against including any funds appropriated for this kind of
project. If they don't include that segment of the museum to include my
people, then, you will not get my support, and I will see that my sons and
daughters and their sons and daughters will have a rewritten legacy of the
United States government.
Mayor Suarez: By the way, since you mentioned the Federal government, HUD is
_ the one that basically sets the norms and the standards for this kind of loan
program, and you would be well directed... I mean well advised to direct some
of these comments to them, because I have some problems with these regulations
as they come down to us, but we have to try to take advantage of a program
that hasn't been used, in like seven or eight years. One other thing that is
important is, because we are going to permit the use of HUD money, and
assuming I guess, that we don't take the money back, to use for another
project, which we can do within 48 hours, if we chose to do that, we can
require them to fulfill all of our... the City laws and ordinances for
minority participation. Otherwise, they could just redo that tower and not
use you know, minority participation, anyway, but that is just...
Mr. Allen: But, nonetheless, do include that some of that money, or any funds
available should go toward Liberty City development because we will, and we
are part of the inter -group of Miami. Make this, in fact, a sunshine state.
Don't bar anyone, and that must chiefly concern me, and it does.
Mayor Suarez: Thank you.
Mr. Allen: Thank you.
Mr. Bailey: Mr. Mayor, just for the record, I would just like to state, so
that those who are going to speak would have this information. The first loan
of this type for 47,000,000 was granted to Circa Barness to build the first
150 units in Overtown, and we are still processing that application and that
loan, so it is being used. This happened to be a secondary commitment that
will fit into the overall financial strategy to buy other land in the north
portion of Overtown, but it was $7,000,000 first given to a Black developer in
Overtown on 2nd Avenue.
Mr. Prentice Rasheed: Mr. Mayor and Commissioners, I am too one that has a
difference of opinion the way this fund is being appropriated toward the
Freedom Tower. And the way that it is being appropriated, approved, or used
by that particular institution at this time, I am one too that disagrees
with that particular kind of situation that you have established over there,
or whoever made that particular appropriation. Those monies that come in here
from the Federal government, I don't know whether they come in here with a 48
hour recall string tied to it, that the City must be able to recall in 48
hours, and if there is such a clause, then the community, or the people that
represent certain concerns in the community should also know about that kind
of money, because if that is as we say it, I believe, in the news media, and I
think I heard it from some of the... the City Manager, or someone said that,
that money is 48 hour recall money, and it also is to be put there to develop
blighted buildings and blighted areas, which I think the most blighted area,
if you go out through Miami, you will find the Black community, Black American
community, Afro-American community is the most disadvantaged and distressed
and blighted area you are going to find!
142 January 14, 1988
Mayor Suarez: Please, please. Well, you know that this particular building in
this area was included in the Overtown redevelopment district, so that any new
taxes would go into that district, but that is...
Mr. Rasheed: Yes, it has been said that Brickell has been also at times
written into the...
Mayor Suarez: No, I don't think we have ever gotten to Brickell. That was...
Mr. Rasheed: Or the Dupont -Plaza area. This was...
Mayor Suarez: Dupont -Plaza, yes.
Mr. Rasheed: OK, but that is the heart of downtown Miami, and I think that is
the most expensive part of the town, that you can't really... you can do that
by the mere fact that you are in office, but the fact is that it is not a
disadvantaged area, a blighted area, if you ride downtown.
Mr. Odio: If I may... It is not only the 48 hours, or recall that is
important here, it is that you must provide an irrevocable letter of credit to
the Federal government, saying here is, and we have got $5,000,000 in the
bank, but that we want to use this money, so you must have $5,000,000 in a
letter of credit before you can borrow $5,000,000, so not many people have
$5,000,000 sitting in a bank somewhere, and can write a letter of credit.
Mayor Suarez: Yes, what they get is basically the benefit of the interest
difference, from what they would have to pay for their own funds.
Mr. Rasheed: Who makes that law, the Federal government?
Mr. Odio: Yes, sir.
Mr. Rasheed: And when you write a proposal from the City of Miami, you write
to the Federal government, and you request money to help improve the
disadvantaged areas...
Mr. Odio: Yes, sir.
Mr. Rasheed: And they bring - its in the clauses that only a rich person can
borrow the money, because there is no hope...
Mr. Odio: No.
Mayor Suarez: Well, though, this particular kind of a program has that
requirement.
Mr. Rasheed: I beg your pardon?
Mayor Suarez: This particular kind of a program has that requirement.
Typically, they don't. We have a $7,000,000 from... a UDAG loan, I guess it
is, for Circa Barness doesn't have the...
Mr. Bailey: It does have the guarantee, and maybe I will explain what the
procedures are, so that you can have a clear understanding, so when you speak,
you can understand exactly how the process takes place. It is not money that
-- we have here in Miami. When we get our C.D. application approved, we get a
letter of credit from the Federal government, and we can only draw that money
down as needed, or when the project is deemed to be financed. The Federal
government some years ago, gave cities a way in which they could use money
that they really didn't have a project ready to be financed at the moment. If
we did not apply letter of credit procedure, the money would still be in
Washington and it still would not be available to the City of Miami. The way
you can get the money out of Washington and put it to use in the City of
Miami, is through this process. However, the restrictions on it is that they
must have an irrevocable letter of credit, for which HUD or the City can call
- within 48 hours, if for some reason or another that money is needed for some
other project which has already been approved in the C.D. application. They
are actually saying: "We will let you use it." It is to the City's advantage,
_ because, if we can't find the developer, who has enough strength and credit to
go to the bank to get that type of guarantee, we would never have that money
here to be used. It is for anybody who can comply with those guidelines, and
143 . January 14, 1988
•
•
we take application from anybody who can do that, but you must have a bank
that will may: "OK, I am lending you the money, but you can borrow it from the
City to get a reduced interest rate to reduce your cost." It is very
difficult money to get.
Mrs. Kennedy:
Mr. Rasheed: I think the money...
Mayor Suar,?.%: Madam Vice... wait a minute, Mr. Rasheed, please.
Mrs. Kennedy: Ann Marie, following up on what you just said, let me just tell
you that earlier this morning, we were shopping around for banks and that is
why I emphatically said on the record it was the whole consensus of this
Commission that the banks not only had to have minority participation, not
only had to have affirmative action, but they had to make a commitment to go
into those blighted areas, where nobody wants to touch these projects.
Mr. Rasheed: Well, I would hope that even though I have no problems with
Freedom Tower, believe it or not, I think that everybody coming to this
town... I have no problem with a Freedom Tower, I'm speaking not in reference
to this money. If the Latin people, the Cuban people, want a Freedom Tower,
like I think, the Black people need a freedom tower. I don't know no where
in America, that you will find an African -American freedom tower, and I think
that we deserve a freedom tower too. But, the ideal of it is that I
understand the plight of the refugee situation, where people are struggling to
get freedom. The thing is that if you do, and if it do pass, I believe that
it should be something tied there that more than one, as I was saying that,
that would be a free space in there, for a cultural, a Cuban cultural, or
whatever there, type of situation. I believe that it should be also a multi-
cultural, I believe this would settle this community on a better level, put a
multi -cultural there, representing freedom for us all, and not just because I
think many of us came here seeking freedom, although, maybe the Cuban people
would be the highlight of it; and on the way the money is coming in here, I
believe that if that is the way the money comes to the City, I believe we
should write our senators and state representatives and national and senate
representatives, to change that particular law, because, the disadvantaged,
come here should be utilized so people that don't have the
access to banking and other kinds of high criteria money, to get that money to
help these disadvantaged areas, crime will cease, economics will improve and
the whole City will be in a better way. That is my stand on that Freedom
Tower concern.
Mayor Suarez: Thank you, sir.
— Mr. De Yurre: Mr. Mayor, listening to what we had here today, I have to ask a
question. Do we have a type of program in the City wherein we can provide
Information to the community, as to what is available through the government,
as far loans, as grants, for whatever type of program that they might want to
endeavor, because certainly, and you know, I sit up here, and I know there are
a lot of programs that I am not even privy to that exist, so I think that...
Mayor Suarez: That is right, that is why in the prior item, or couple of
items before, I asked for this integrated display of all the rehab loan
programs that we have in the City so we can at least show, where we are at,
but it is confusing to apply to the Federal government for all these grants.
We are talking a trillion dollar budget, and it comes down to so many
different ways, that it is confusing to us and I don't doubt that it is
confusing to the general public. I don't know how we can make it any simpler.
Do you have any ideas?
Mr. De Yurre: Well, what I'd like to do is maybe we can set up quarterly
seminars or something, that we can bring in the businessmen in the community,
that they can learn, and prepare a brochure, or something, that provides the
information. They can look it over and if they see something that they might
be interested in, they can come in and we can help them process whatever it is
they are looking for.
Mayor Suarez: That's an excellent idea.
Mr. Odio: We will pursue that and for sure that is an excellent idea, that
we, the City, I want you to know, Commissioner, we have been doing for the
144 January 14, 1988
last six months, we need it, we are looking for revenues, and we have been
researching how we can apply for more grants. We are not applying for the
amount of grants that we should have, as other cities have, and we have
discovered that, and we hired a consultant named John Adams who is an expert
on grants, who told us we were under funded as far as , and we are doing
that, and that is why your idea is good, because if we don't know, the
citizens know less, and they should be informed on when they should be
applying for grants and...
Mr. De Yurre: Well, then, take a lead on that then, so we can get some of
that program set up.
Mayor Suarez: One possibility, when he is ready to make a complete
presentation, is to hold hearings, which could be in the neighborhoods, as
requested, on the issue of all the community development block grant monies
that the City spends, understanding that we have a Community Development
Advisory Board that advises us, I guess, only on the non -economic development
part of that budget, on social programs, and we could do it for all economic
development programs, including grant applications and give a whole
explanation. I would love to see and hear one myself. Don.
Mr. Donald F. Benjamin: Mr. Mayor, Commissioners, my name is Donald F.
_ Benjamin. I live at 417 N.W. 6th Street, in Overtown, and the reason I got up
to this microphone, there has been so much discussion, with respect to the
benefits of Overtown. I was wondering whether you want to consider
Immediately after this item, item 85, which affects Overtown.
Mayor Suarez: We are getting awfully close to 85. OK, anything further on
827 I entertain a motion on item 82.
Mr. Plummer: Move it.
Mrs. Kennedy: There is a motion.
Mayor Suarez: Moved. Did you second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll?
Mr. De Yurre: With a proviso that we have that 4,000 square foot area for a
museum and we will work together to see what we are going to put there, and as
long as we make sure that we have that space available.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-70
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED THIRTEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), INCREASING FUNDS IN THE AMOUNT OF
$5,400,000 FOR A COMMUNITY DEVELOPMENT "FLOAT GRANT"
ACTIVITY; THE FREEDOM TOWER RESTORATION LOAN, DURING
THE 1987-88 PROGRAM YEAR AND INCREASING REVENUES IN
THE AMOUNT OF INTEREST AT ONE PERCENT (1%) PER YEAR
FOR TWO (2) YEARS; FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO
NEGOTIATE THE NECESSARY IMPLEMENTING CONTRACTS AND
AGREEMENTS TO IMPLEMENT THIS LOAN FOR THE FREEDOM
TOWER RESTORATION SUBJECT TO APPLICABLE CITY CODE
PROVISIONS, AND CONDITION APPROVED BY RESOLUTION NO.
87-1104.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
- 145 January 14, 1988
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
65. A) RESCIND PREVIOUS DEFERRAL OF AGENDA 64. B) ADOPT RESOLUTION CALLING
AND PROVIDNG FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION - PROPOSED
LEASE AGREEMENT WITH DINNER KEY BOATYARD LIMITED TO OPERATE A FULL
SERVICE MARINA, SUBJECT TO PROVISO (SEE LABEL 45).
Mayor Suarez: Let me say on your last point, Don, and to announce for
everybody, item 83 is the next item, obviously, Model City Loan Committee. We
are going to get this out of the way, we are going to discuss this. Item 84
- has already been resolved, so we will be going to 85. But, before we get to
85, in fairness, we have pending since this morning, item 64, I guess it is,
the Merrill Stevens site, what item is that?
Mr. Plummer: No, that was deferred.
Mayor Suarez: Was that deferred?
Mr. Plummer: It was deferred.
Mayor Suarez: Well, we ought to make a decision whether we are not going to
handle that today, or not, at some point, because it...
Mr. Odio: Mr. Mayor, you are talking about Merrill Stevens?
Mayor Suarez: Right.
Mr. Odio: You passed a motion deferring the item until February.
Mayor Suarez: I thought that we were still going to consider whether that
would affect the need for a special Commission session to be able to get this
on the ballot on the March...?
Mr. Odio: Well, if you don't...
Mrs. Dougherty: If you don't pass it today, or sometime before 45 days, which
is before your next Commission meeting, then you are going to have to wait
until the next election in November.
Mayor Suarez: Have you any new information to give us, Mr. Manager, on the
request that you have made for more than a half million dollar deposit up
front?
Mr. Odio: It is in the agreement. It is in the agreement, and if they agree
to that, then we have contract.
Mayor Suarez: You would be in a position to recommend it? Would it satisfy
Commissioner Plummer's concerns if he said at this point that he was in a
position to recommend that all your concerns had been resolved?
Mr. Odio: All the things that we addressed and the qualifications we had,
when we recommended that group, had been met in the agreement, but... and
therefore, I cannot deviate from what we have negotiated.
Mayor Suarez: Is there anybody from... Dr. Dunn, do you want to make a
statement? Either this... either we get this resolved now, or we have special
session. I'm trying to satisfy everyone's concerns. Commissioner Plummer had
basically taken the lead on having the item deferred until he was satisfied.
146 January 14, 1988
Mr. Plummer: Until the negotiations were completed.
Mayor Suarez: Right.
Dr. Marvin Dunn: Mr. Mayor, it was my understanding that the matter would be
deferred to a special Commission meeting on some point next week. The City
Manager and I have a meeting for tomorrow with John Gilchrist to iron out the
final details of the agreement, but we are pressing to get this matter handled
- by the Commission in time for the election in March.
Mayor Suarez: Is there any way we can get this resolved at this session, so we
don't have to have a special session? Commissioner Plummer, you are the one
that...
Mr. Plummer: Yes, Mr. Mayor, it was very clear that as long as all of the
safeguards that were built in by the Manager were agreed to by the applicants,
that in fact, then we were ready to go to a ballot, but until such time, we
were not prepared to go to the ballot and we understand the question is still
up in the air, that it is not negotiated out, is the $1,500,000 they want to
offer.
Mayor Suarez: Can we not build into a motion in view of what you have heard
that they seem to be very close to a final agreement that, such that if the
Manager is satisfied, we don't need to have a special session, and of course,
if he isn't, and if... we can always call one, I mean, I'm afraid people won't
come.
Mr. Plummer: It's fine with mel I have no problem with it, it is just the
idea, that before it goes to the ballot, it has got to be a signed contract.
Mayor Suarez: I'd have no problem even building into the motion that you have
to be satisfied, as a member of the Commission.
Mr. Plummer: No, no, I am not trying to say that. I'm trying to say that the
safeguards put forth by the Manager, which we all unanimously adopted, had to
be negotiated, and had to be in writing, and approved, and if that is the
case, the Manager says that every one of those safeguards have been met, go to
the ballot, I have no problem with it.
Mayor Suarez: Is that... Dr. Dunn?
Dr. Dunn: Mr. Mayor, I think after the meeting tomorrow with the Manager, we
should be at that point. We do have this final matter to resolve. All of the
- other difficulties have been worked through.
Mr. Plummer: Well, Dr. Dunn, if there is nothing to resolve, I think, as far
as the Commission is concerned, we were absolutely clear, the Manager was
absolutely clear, and that was $1,500,000, it says here very clearly, in cash.
Now, once you do that, and you have signed off that that is part and parcel,
then go to the ballot, I have no problem with it, nonel
Dr. Dunn: Mr. Plummer, I'm trying not to negotiate the details at this
Commission meeting.
Mayor Suarez: Well, that one is the single big sticking point. If that could
be resolved now, I think that the rest would be fine points.
Mr. Plummer: Yes, because, see, what I don't understand, is if the unanimous
vote of this Commission, that is not negotiable.
Mayor Suarez: Well, it has always been negotiable by me. I've never wanted
that requirement, but I did vote for the resolution at that...
Mr. Plummer: Yes, that is not negotiable, and the motion that passed in this
Commission, was that every one of the Manager's safeguards had to be met in
negotiation, so I don't know what is negotiable about it.
Dr. Dunn: We intended to offer to the Manager a counterproposal that would
satisfy his concerns about the $1.5 million. We've not had a chance to do
_ that and that is what we expect to do tomorrow. The $1.5 million in escrow,
Mr. Plummer, is a real problem in our bank. If you insist on that, it could
be a deal killer, and we are trying to work around that problem.
147 January 14, 1988
Mr. Plummer: Well, here again...
Dr. Dunn: It is not necessarily the only solution to satisfying the Manager's
concerns.
Mr. Plummer: OK, here again, Mr. Mayor, to both of you, I have absolutely no
qualms whatsoever, to approve it, to go the ballot, as long as every one of
the Manager's written safeguards are included.
Mayor Suarez: To the satisfaction of the Manager, I mean suppose they come up
with some kind of a vehicle that looks like cash and sounds like cash.
Remember what we did on the Decoma building. They initially came up with some
sort of a bond. We said "no" to the bond, they came up with some other kind
of instrument and eventually something you could draw down on, does not create
the financial hardship, but is just as secure from the City's perspective and
the Manager believes it is just as secure, and offers as much guarantee, a
guarantee that I personally don't even think it is necessary, but anyhow, the
rest of the Commission does. Would you be satisfied with letting the Manager
decide? Otherwise, we will have a special session.
Mr. Plummer: Mr. Mayor, whatever you think is fair, is fine with me. They
were spelled out, and they were very clear.
Mayor Suarez: We could even leave it up to your own discretion. We could
have one Commissioner, you know, be satisfied within...
Mr. Plummer: That's fine with me. I'll take that responsibility.
Mayor Suarez: ... 24 hours. Does anyone else want to be built into that
motion? Commissioner Dawkins, do you want to be satisfied?
Mr. Dawkins: (OFF MIKE) I don't even know what we are arguing about.
Mr. Plummer: The Merrill Stevens property.
Mayor Suarez: Completing the negotiations between the Manager.
Mr. Dawkins: (OFF MIKE) I don't know what we're doing. That's all I'm saying.
Mr. Plummer: Well, what they are trying to do is not miss the March ballot,
if possible. That's...
Mr. Dawkins: Well don't.
Mr. Plummer: OK, so what we are saying is, that they are still in
negotiation, and there are maybe one or more points of the Manager's built in
safeguards, which we backed, that have not been completely agreed to, and
that's where we are. Now, what the Mayor is saying is, is let them go to
their meeting tomorrow, let them see if they can't come to an agreement, and
if such, he wants to have me to have the final approval to go to the ballot.
® I'll accept that responsibility.
Mayor Suarez: In lieu of having the Manager, we are going to have one other
Commissioner who wants to supervise it, I have no problems with that.
Mr. Plummer: It is immaterial to me. My part would be after you all are
finished.
Mayor, Suarez: OK, anyone else in the Commission want to make a statement on
this before we try to make this into the form of a motion? OK, I'll entertain
a motion to that effect.
Mr. Plummer: Yes, I'll make a motion that...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Pass a resolution. You word the resolution.
Mrs. Dougherty: That the two resolutions are passed, putting the issue on the
ballot, subject to your veto at a later time within the week.
148 January 14, 1988
Mr. Plummer: All right, and that the area of concerns of both the Manager and
the City Attorney have to be met, correct? Sure, be happy...
Mayor Suarez: The Manager will recommend and you won't give final approval,
unless those are met.
Mr. Plummer: She said subject to my approval. Yes, fine. I move the motion
as presented.
Mrs. Kennedy: Second.
Mayor Suarez: OK, we have a motion. Do we have a second?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
Mr. Dawkins: Read the motion, Madam Clerk.
Ms. Hirai: That the two resolutions be prepared subject to Commissioner
Plummer's later veto within one week, and subject to all areas of concern of
the City Manager and City Attorney being met during the negotiations.
Mr. Dawkins: Are those the concerns that the City Commission gave to the
Manager? And those are the ones you are saying have to be met?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
THEREUPON THE FOLLOWING MOTIONS, DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY VICE MAYOR KENNEDY WAS PASSED BY UNANIMOUS VOTE OF
THE CITY COMMISSION:
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-71
- A MOTION OF THE CITY COMMISSON RESCINDING A PREVIOUSLY
_ PASSED MOTION TO DEFER AGENDA ITEM 64 AND DIRECTING
THAT CERTAIN RESOLUTION CALLING AND PROVIDING FOR THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION IN CONNECTION
_ WITH A PROPOSED LEASE AGREEMENT WITH DINNER KEY
BOATYARD, LTD. (FOR OPERATION OF A FULL SERVICE
MARINA) SHALL BE ADOPTED AT THIS TIME; FURTHER
DIRECTING THAT COMMISSIONER J.L. PLUMMER, JR. HAVE A
_ RIGHT TO REVIEW AND APPROVE OR DISAPPROVE SAID
PROPOSED LEASE AGREEMENT (ONCE SAID AGREEMENT HAS BEEN
APPROVED BY THE CITY MANAGER AND CITY ATTORNEY)
APPROXIMATELY WITHIN ONE WEEK BUT IN SUFFICIENT TIME
® TO BE FORWARDED TO THE DADE COUNTY SUPERVISOR OF
ELECTIONS FOR PLACEMENT ON THE MARCH 8 PRESIDENTIAL
PRIMARY BALLOT, IF ULTIMATELY APPROVED BY COMMISSIONER
J. L. PLUMMER, JR.
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.
149 January 14, 1980
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-71.1
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON MARCH 8, 1988, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF
THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR
DISAPPROVAL OF THE CITY'S ENTERING INTO A LEASE
AGREEMENT WITH DINNER KEY BOATYARD, LTD, TO OPERATE A
FULL -SERVICE BOATYARD, MARINA, RESTAURANT AND MARINE -
RELATED RETAIL FACILITY ON CITY -OWNED EXISTING
BOATYARD AT PROPERTY OF APPROXIMATELY 12.57 ACRES AT
- 2640 SOUTH BAYSHORE DRIVE, SUBJECT TO DINNER KEY
_ BOATYARD, LTD. MAKING A CAPITAL AND EQUIPMENT
INVESTMENT OF $4.5 MILLION AND PAYING TO THE CITY A
MINIMUM ANNUAL RENT OF $350,000 PER YEAR FOR A TERM NO
LONGER THAN 25 YEARS AND SUBJECT TO SUCH ADDITIONAL
REQUIREMENTS, IF ANY, AS MAY BE DETERMINED BY THE CITY
COMMISSON; DESIGNATING AND APPOINTING THE CITY CLERK
AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION
WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND
RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A
CERTIFIED COPY OF THE HEREIN RESOLUTTON BE DELIVERED
TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE
COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE
DATE OF SUCH SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner. Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
66. DISCUSS MODEL CITY PILOT LOAN PROGRAM PROJECT - INCREASE CONTRACT WITH
MIAMI CAPITAL DEVELOPMENT REVOLVING LOAN FUND BY 4300,000 - AUTHORIZE
DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT TO EXECUTE ALL CONTRACTS
RELATED TO SMALL BUSINESS DEVELOPMENT PILOT PROGRAM IN MODEL CITY TARGET
AREA.
Mayor Suarez: Item 83. Do we hear first from the loan committee or from the
City?
Mr. Dawkins: Loan committee.
Mayor Suarez: Proceed.
Mr. Ed Duffy: Mr. Mayor, Commissioners, my name is Edward Duffy, I am vice
president and plant manager of Capital Bank.
Mayor Suarez: You might want to move that a little closer to yourself.
Mr. Duffy: And chairperson for the Model Cities pilot loan program, and I
have with me, Mrs. Reed, Ms. Weldon and Mr. Crawford. Mr. Williams, I don't
believe is here. The reason we are here today, arise from concerns from the
last City Commission meeting, where there were some concerns in regard to the
loan committee.
150 January 14, 1988
Mayor Suarez: Who is missing from the loan committee we've got?
Mr. Duffy: Mr. Williams, from the Miami Dade Chamber of Commerce.
Mayor Suarez: So who are the other members? I know Lori was my appointment.
Mr. Duffy: Ms. Reed is Commissioner De Yurre's appointment. Mr. Crawford,
who was Mrs. Kennedy's.
Mayor Suarez: Wasn't Otis also on the committee?
Mr. Duffy: Otis was removed after the election.
Mayor Suarez: Did we throw him out?
Mr. Duffy: I don't know, and Mr. Dawkins appointed me. Shall we proceed?
Mayor Suarez: OK, so we are missing one out of five?
Mr. Duffy: Yes.
Mayor Suarez: OK.
Mr. Duffy: We are here because of the concerns that came out of the last
Commission meeting, in regards, more or less, of what the loan committee was
doing. Some time ago, we convened the Model Cities pilot loan committee, and
at the first meeting we had a look at the proposed guidelines, and after
reading those guidelines. I did not know whether it was a bad dream, or joke,
or misunderstanding. At that time we talked with the members of the loan
committee and I sent a letter to the City Manager, asking for some specific
guidelines, and I have a copy of that letter, that I sent to the City Manager,
for each of you. Would you like for me to read it?
Mayor Suarez: Or paraphrase it, that's fine. I believe we... have we had
this for a couple days, right?
Mrs. Kennedy: Yes.
Mayor Suarez: Do you want to paraphrase what it is?
Mr. Duffy: OK, on Friday, November 6, 1987, the loan committee of the Model
Cities small business development pilot program convened its first meeting.
Ms. Adrienne Macbeth, City of Miami staff assistant, presented a package of
information materials, which included the transmittal of 27 applications,
which had been approved by the screening committee for our considerations for
loans.
Mayor Suarez: Can you tell us generally, Mr. Duffy, what it says without
reading the entire thing paragraph by paragraph?
Mr. Duffy: OK, as I understand it, there is certain criteria normally
required for making loans had been relaxed, and knowing the problems our
business community have been securing the conventionalloans. We support
this decision by the City to expedite this process. However, we want to
ensure the program succeeds in Liberty City and to demonstrate to other
funding sources, both private and public, there is a justifiable need which
exists here, and which can be met with the moderate task involved. Therefore,
we are requesting that the CPA firm of Ron Thompkins obtain a detailed
explanation of the proposed use of the loans program...
Mayor Suarez: OK, we went past that and we did, I believe, hire the Thompkins
firm. Did they in fact, make the reviews that you had requested?... that you
had suggested that they do?
Mr. Duffy: Mr. Mayor, what I am trying to do, apparently there was a
misunderstanding by Mr. De Yurre, who was not a Commissioner at that time.
Mayor Suarez: Right.
Mr. Duffy: It was a misunderstanding with the Commission, what the loan
committee was doing...
151 January 14, 1988
Mayor Suarez: Was supposed to do.
Mr. Duffy:... OK? - and we were only going by the guideline that you all had
set, 5 - 0, and also, I am trying to explain that we had asked the City
Manager to give us guidelines, but in essence, the thing you discussed at your
last Commission meeting, were the same things that you started out with. In
other words, there were no guidelines, no credit criteria. The only thing you
had to be living in the Model Cities area and the business existing for one
year, and things of that nature, no precise guidelines. The question was
raised last Commission meeting, whether we would just...
Mayor Suarez: In other words, we relaxed the typical guidelines for lending
monies, for example, through Miami Capital, we just didn't tell you how much
we relaxed it.
Mr. Duffy: No, you did. It was nothing. In other words, my understanding
was, that the loan committee was made to look like a patsy or scapegoat, for
something you all decided to do down here.
Mayor Suarez: Why is Lori holding up a... ?
= Ms. Lori Weldon: You are saying that we weren't told how you relaxed the
guidelines.
Mayor Suarez: How much we relaxed them.
Ms. Weldon: Or, how much you had... we were going like this. This is what we
thought we should go by, and we were going by the minutes of the September
28th meeting. We had no more direction than this, and...
Mayor Suarez: What is that?
Ms. Weldon: This is what was decided upon by the Commissioners on September
28, 1987, and...
Mayor Suarez: It is a resolution?
Ms. Weldon:... those guidelines... well, I have the resolution here, but this
is just an excerpt for my convenience, and your guidelines were that the
business location be within the City of Miami boundaries in the Model City
target area. The amount of the loan depends on the existence of the business,
$3,000 the maximum loan to $20,000. Businesses that have been in existence up
to three years will be eligible up to $75,000. OK, the terms of the loan was
three to five years, with those receiving $3,000 to $20,000; $20,000 to
$75,000, is the term up to 10 years. As far as collateral is concerned, which
was brought up, business assets only, no loans will be rejected on the basis
of insufficient collateral only, OK?
Mayor Suarez: They will not be rejected...
Ms. Weldon: That's right. Nothing, no...
Mayor Suarez: ... on the basis of insufficient collateral.
Ms. Weldon: ... on the basis of insufficient collateral. It says, technical
assistance, business assurance, that the business can demonstrate that it can
purchase insurance at a reason price, this requirement would be waived. We
didn't overlook this. We included this and we strengthen this and then as he
said, last Commission meeting, we were made to look like we weren't doing our
jobs in following your guidelines, which is not the case.
Mr. Plummer: Let me ask a quick...
Ms. Weldon: Yes, I am sorry, I'm sorry, go ahead, Yeah, I'm sorry, I just had
to put that in.
Mayor Suarez: We kind of interrupted you there.
Mr. Plummer: Let me ask a question. At any time during consideration by the
loan committee, was in fact, this loan denied?
152 January 14, 1988
Mr. Duffy: Which loan do you have reference to?
Mr. Plummer: I'm sorry - Quinn, the one I have in front of me.
Mr. Duffy: It was deferred.
Mr. Plummer: That was not my question.
Mr. Duffy: You asked if it was denied. I said it was deferred. There is a
difference between denied and deferred.
Mr. Plummer: I am well aware of that. I am still asking the question. Was
it denied by the loan committee?
Mr. Duffy: Not by the loan committee, no.
Mr. Plummer: It was not?
Mr. Duffy: It was not.
Mr. Plummer: To your knowledge, was it denied, by any other part of this
scenario?
Mr. Duffy: That, I do not know.
Mr. Plummer: You do not know?
Mr. Duffy: I can only speak for the loan committee. We did not get involved
with the screening committee, because we thought it was two separate entities.
Mr. Plummer: But, at no time the loan committee denied this loan?
Ms. Weldon: No, it was not denied. It was presented to us by the screening
committee, because that was a step in the process, so therefore, no, it was
not denied in this scenario, up until this point.
Mayor Suarez: Do you want to give us any other indication of how you think
this process was working, or was not working prior to the last Commission
session, or what things we could do to improve it or, to otherwise satisfy the
concerns of members of the Commission, that these loans may not be as secure
as they felt that they were?
Mr. Duffy: Mr. Mayor, we were going on the guidelines that the Commission has
stated.
Mayor Suarez: I understand, but do you have any ideas on any other... as a
banker yourself, any other guidelines that maybe we ought to apply, to be more
secure?
Mr. Duffy: I would like for the Commission, or the Commissioners, to tell us
what they would like for us to do.
Ms. Weldon: But, can I - in that, I would also like to state that what the
public is... where we are at now, is we already feel that we have your
guidelines, that now, here the election is over with, you want to change the
ball game, that is how I personally feel, because that is how we were going.
You know, and to come up here, in January, 1988, after this program has been
initiated since September 28, 1987, and saying, "We are doing something wrong,
let's change it," when you are all secure for four years, except for two
Commissioners, not... you know, you say, change the guidelines , or
change the program, I can't see that. Now, if you read the letters, we did
the safeguards we could before we went and approved any loans. I think those
are the safeguards you need to go by and not impose anymore on this community
today.
Mr. Plummer: Well, you see, unfortunately, you weren't here at the last
meeting.
Ms. Weldon: Yes, I was. I left ten minutes before that discussion. I was
here from 9:00 a.m. to 7:00 o'clock p.m., and that discussion came up in a
zoning hearing.
153 January 14, 1988
Mr. Plummer: Mr. Castaneda, would you come to the microphone, sir, and repeat
for these people who were not present, and others who were not present,
exactly what you told this Commission when you were asked the question, "Was
there any way, or chance, of this business surviving?" What was your answer,
sir?
Mr. Castaneda: Which business are you talking about, Commissioner?
Mr. Plummer: This one that is in question, Seven Star, or Vernon Quinn, that
is the one you spoke to.
Mr. Castaneda: Vernon Quinn, I said that was in a bad financial situation,
that they had a lot of problems, that they had problems with the IRS, and
other things, I did not make a judgement whether they would survive or not, I
told you that I would provide them with technical assistance to assist the
agency.
Mr. Plummer: I don't recall...
Mr. Castaneda: There was no credit decision made by Community Development on
any of the loans.
Mr. Plummer: Did I not hear you make the statement that you felt that their
chance of survival was little or none?... refreshing your memory about the
statements that you made that they didn't even have a check book, that they
were...
Mr. Castaneda: I did say...
_ Mr. Plummer: ... operating out of their pocket, that they falsified, or not
falsified... and I am just repeating what I heard, that they were seven months
in arrears in their rent, which they did not put down on the application, that
they were some $32,000 in debt to the Internal Revenue, that they were some
$8,000 in debt to the Sales Tax Division? And was it not, I think
Commissioner De Yurre, who made the statement, and we all backed, that this
s program was never, ever, designed to bail out a program. This was
designed...
Mayor Suarez: I disagree with that statement. I thought it was meant to bail
out.
Mr. Plummer: Well, not for back rent.
Mayor Suarez: For whatever. I mean, if they are in trouble financially, they
need loans, you know, you have got to bail out businesses, that is one way to
do it, paying back rent.
Mr. Plummer: Well, the question, and I don't know why I am getting into this
argument, I wasn't the one that raised the original question, but what I am
looking at is, is the fact that this particular firm, was in fact, $50,000 in
debt, indicated to us by Mr. Castaneda.
Mr. Castaneda: Right, that is correct, Commissioner. Commissioner, ghat we
said was, that, and that goes for the memo of Mr. Duffy, was, the question was
asked, what do you do when a corporation, is in default of their payments?
And we said that this money was not to pay back rent, back mortgage, that the
person had to reach an agreement with their creditors before...
Mayor Suarez: There was even a question about back debts and what payment
plan they had to pay off back debts.
Mr. Castaneda: Right.
Mayor Suarez: So we obviously contemplated they would be using some of the
loan money to...
Mr. Castaneda: Right, and Vernon Quinn has negotiated an agreement with all
the creditors, however, he had not made the loan committee aware of his back
rent to Tacolcy. We discovered that the day of closing, that's why we
suspended the closing. We went back to the loan committee, informed them of
the situation and what we had to do in order to resolve the problem, and they
concurred to give him the loan.
154 January 14, 1908
Mayor Suarez: Yes, that was the problem with the back rent here. We didn't
know about the back rent being owned...
Mr. Castaneda: We did not know...
Mayor Suarez: ... and didn't put it on the application.
Mr. Castaneda: That's right.
Ms. Weldon: Commissioner Plummer, in regards to you saying what Frank had
said, that he deemed the business survivable, the loan committee was not going
_ on the basis of Frank, because Frank was not at the meetings, we were going on
the recommendation of a CPA firm, which we were instructed to do. So
therefore, if we are supposed to go on the recommendations of Frank, we should
have been instructed before, so for him to come back and say after we approved
the loan, is there survival or not, I don't think is the question here,
because we were going by the guidelines and listening to the recommendations
—� of the CPA.
Mr. De Yurre: Mr. Duffy.
Mr. Duffy: Yes.
Mr. De Yurre: What criteria, and we had spoken about this the other day, in
fact, we spoke about this... the criteria of credit, does that come into any
consideration at all?
Mr. Duffy: It never was, Mr. Commissioner.
Mr. De Yurre: Would you as a banker recommend that they should be part of the
process?
Mr. Duffy: Mr. Commissioner, I have presented you with a copy of a letter
that I sent to the City Manager.
Mayor Suarez: Could you move the mike just a little closer, please, Mr.
Duffy?
Mr. Duffy: I have presented all Commissioners with a copy of a letter that I
sent to the City Manager, requesting those types of things. I have a copy of
the letter that he sent back to me. If you wish, I will give it to you. In
reference to what Mr. Plummer said, if the loan applicants have debts, private
or government entities, which are in default i payment, and which you feel
that the loan award should be helpful, then as long as they have an agreement
signed with that private firm, or government agency, we can do so. Again, we
moved along the guidelines that was set forth by this Commission.
Mr. De Yurre: My concern, and I will voice it again, as I did back in
December, is to make sure that this program works, and for the program to
work, it means that there are other factors involved also, factors that a
banker would not look at, such as, how many employees do you have? You
know... how many, of the job force, you know, how many jobs do you provide? I
think that is something that we are looking for in this community, to provide
jobs in the Liberty City area. That is a factor, that, I think that goes into
more of the community type thought that they were passing on here. Now,
ideally, what I am looking for is to make sure this program goes on, and by
that, I mean that these monies are paid back, that the money is available for
other merchants in the Black community to apply for it, to receive it, and to
keep that chain going, and part of that process has to be to find out whether
the individual, or the entity that is applying for the money, whether they
have a history of being a good credit.
Mayor Suarez: Let me say something, if I may, because at the time you were
not on the Commission, and there was not necessarily an intent to create new
jobs with this program, but to maintain existing jobs in existing businesses
that might otherwise go out of business, so the other programs that the City
is involved in do have in mind creation of jobs by creations of new
businesses. I've had major arguments with the executive director of Miami
Capital, who is a very good banker, on the issue of which are more secure
loans. These, for example, which are going to existing businesses, which have
been around historically and have somehow managed to make it, and some of the
155 January 14, 1988
new ones that he gets involved with, which may or may not create jobs, and
that have typically more collateral, or at least will provide more collateral,
but in the case of these businesses, Commissioner, the ideawas that they had
been around for some time, surviving, God knows how, many times on a cash
basis, but the fact that they had been around itself was some guarantee that
they would be continuing to be around, if they had a little bit of help from
the City, whereas, in the case of these other new businesses that we hope to
attract to this City, since they have never been here, we don't know that they
will even succeed. We don't know that there is a market for their product, we
don't know that there projections will work out, we don't know that their
collateral will be there when we come back to try to get it, in fact we've
lost, I don't even want to say what percentage of all the monies we've lent to
those speculative ventures. These are not speculative. These are businesses
that are there, and have been there from anywhere from three years, five, ten
years, in some cases, that have survived the riots, that survived the 1980
riots and in many cases have been around... King, The Tailor, has been around
for 12, 13 years, and survived many, many, problems in his business life, and
that in itself is proof that they'll probably be around. That was the point
that we were trying... not necessarily to create new jobs, but to maintain the
ones that were there.
Mr. De Yurre: But, certainly the factor of jobs has to be a consideration.
You know, all factors being equal, and you have a business that has two
employees and another one that has ten, then you have to take that into
consideration also, if it is a survival thing, or if it is a growth thing.
I've met with a group of merchants, which many of them are here today, in
Liberty City on a rainy night, I think it was about a week ago Wednesday, and
I showed up, because I was concerned, to understand their position, and I
wanted them also to understand my position, because I feel that if we could
_ talk things out, we'd get to understand and we can work things and move on
together, because I think we have the same interest, the betterment of this
community, and certainly, it is important to me that we get the City, and
Frank, I want to get some input from you now, as to what you mean by technical
assistance? You know, I am sure these individuals have been there for years
and they are running their business, and they are hanging in there, and they
need that injection of cash to put them in a more solid situation, but...
there has to be an understanding of what we are talking about when we mean,
technical assistance. There has to be a set pattern, you know, this is not a
bank, and since we are not in the lending business, there has to be a reason
for which we do this type of program, and that is to help the community, but
it has to be in such a way, that not only these merchants here are going to
benefit from it, but that future generations of applicants are going to
benefit because of monies that are going to be returned, it is going to turn
_ over, and we are going to have an ongoing situation, and I just want to secure
that, that we will have that for years to come, maybe relatives, maybe an
ongoing program that the City has, that the future generations can enjoy also.
I want to know from you exactly what is technical assistance? ... as far as we
are concerned here.
Mr. Castaneda: Commissioner, that is a good question. Let me explain to you
what we have done up to now, in the case of Vernon Quinn. We have gone to his
store, we have determined that $29,000 of the money has been expended in
buying inventory. I believe that about $1,000 also went for advertising, both
in the Herald in the radio media, so basically, the money has been spent, you
know, correctly, for that purpose. We have looked at his accounting system,
and it looks adequate, and so forth. In the case of Vernon, as we discussed
with him, we believe the major problem is increasing his sales. Approximately
$120,000 worth of sales were made last year, we think that that number should
be able to be increased.
Mayor Suarez: Which business is that, Frank?
Mr. Castaneda: Seven Star Fashions.
Mayor Suarez: How much was sold last year?
Mr. Castaneda: About $120,000.
- Mayor Suarez: That's not the figures I remember.
Mr. Castaneda: If I recall correctly.
156 January 14, 1988
Mayor Suarez: What was your gross, last year, Vernon?
Mr. Vernon Quinn: I have it here.
Mayor Suarez: it sounds low to me, compared to what I remember seeing.
Mr. Castaneda: Since he acquired his inventory, he did very well in December,
Christmas, his sales rose dramatically, they rose by about 70 percent.
Whether he can continue that, we do not know. One of the things that we want
to assist him in is his increasing sales. We want to look to see how you can
trap part of the group of people going to the Winn Dixie... to the Winn Dixie
you have about 1.6 families a year going there, very few of those individuals
trickle down to the stores around it. You know, what can Seven Star Fashions
do to intercept the guy going to the grocery store, at least make him aware
that he is there. We are going to look at the type of shoes he is selling, to
see whether he is focusing on the right market, or whether there are other
market possibilities that he can do. In our opinion, the best assistance that
we can help him, is to provide some assistance in increasing his sales and
whether we can do it, or if we can get together with somebody from the Chamber
of Commerce, or whatever. That is the area where I think it is most important
to provide him assistance. In my opinion, the assistance to every business is
going to be different, because I think each business has different problems.
Mr. Plummer: Yes, but Frank, didn't you make the statement, because I am at a
loss here, you know. We based decisions on statements you made at the last
meeting. You said that the one thing that you were very concerned about was
that the man did not have a checking account, that that concerned you.
Mr. Castaneda: No, I...
Mr. Plummer: You also said that the man did not have an auditing procedure.
Mr. Castaneda: In that particular case, I was referring...
Mr. Plummer: But, you made these statements at the last meeting.
Mr. Castaneda: No, no, wait a minute. The statement that I made concerning
checking accounts and that most of his business deals in cash, was made to the
majority of this business. It was not particularly made to Vernon Quinn.
Most of this business function 95 percent in cash. In case of Vernon, he does
not have a credit card. One of the things that we are going to help him
increasing his sales is to get him a credit card. Most of his business
basically functions in a cash thing. I do not recall, but I believe that
Vernon pays most of his employees in cash. There is very little transaction.
What we are making him do is to put the left over money into the checking
account, and he has made deposits into the checking account, I believe, of
about 42,000, in the last month and one-half, but what I am saying was, that
they basically function in a cash basis, it not only applies to Vernon, it
applies to almost every business applying for money.
Mr. De Yurre: But, you did say they didn't say they didn't have a checking
account.
Mr. Quinn: Beg pardon?
Mr. Castaneda: What I said about the checking account was that the checking
account is very seldom used in most of the cases.
Mr. De Yurre: No, no, but if I recall correctly, a statement was made that he
did have a checking account in his business.
Mr. Plummer: He did say that.
Mayor Suarez: OK, wait a minute, I think he wants to address that particular
point.
Mr. De Yurre: Yes, but he wasn't here. I just want Frank's answer.
Mr. Castaneda: I might have said that.
Mayor Suarez: OK, you wanted what statement was made at the last Commission
meeting, or you want to clarify what...
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157 January 14, 1988
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•
Mr. Castaneda: I might have said that.
Mr. Odio: It was said that.
Mr. Castaneda: I might have said that.
Mr. De Yurre: It was said.
Mr. Quinn: what was his statement? I want to get that.
Mr. De Yurre: That you didn't have a checking account.
Mr. Quinn: First of all, iy nAme is Vernon Quinn, 6220 NW 6th Avenue, Liberty
City.
Mayor Suarez: Before you answer, let me give my recollection. I think what
was stated is that in some cases, there were no checking account not
necessarily your business, but go ahead.
Mr. Quinn: I have a checking account, and a lot of my business is done C.O.D.,
cash on delivery. I have to purchase goods cash on delivery, on certain
packages that come in to my business, but first of all, I want... you know, I
figure that I have been personally assassinated to the community, to the
public, to the media, to the whole...
Mayor Suarez: No, just questions were raised. why don't you also tell the
Commission, when you tell us all about your business, how many of your family
members work in the business, so we have an idea that this business is very
similar to...
Mr. Quinn: I have my...
Mayor Suarez: ... if I may just finish... very similar to Cuban owned
businesses in the City works, because the family is working in the shop, you
know, your kids, your wife, your...
Mr. Quinn: There you go. I have my kids working there. I have my kids from
my whole family working there to try to assist me, to help out as much as I
possibly can in my business. You know, I do have a checking account, I use my
checking account as much as I possibly can. If anybody stated that I don't, I
have a checking account. You know, I have had a checking account since I have
existed in business. where I don't use it regularly is because a lot of my
business is done C.O.D. when it comes to my business. You know, I have to use
some cash in the business. That's the only way I, you know, use, transact a
lot of my business.
Mr. Duffy: Mr. Mayor, we as loan committee, really, just want one question
answered, if we can get it...
Mayor Suarez: Yes, sir.
Mr. Duffy: ... because we... I know I am very busy, but I want to see the
program succeed. I think it is very viable to our community, so the things
that we want to know, one, will the program continue, two, will it continue in
the same form that it was b*core the election, or three, if you are going to
change it. If you are going to change it, then let us know how you want the
guidelines tightened, and we will proceed with that.
Mr. Plummer: You know, I would much prefer that you change it.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, listen to me. I'd much prefer it. He is a banker, OK?
The one thing I think that is uppermost in this Commission, let me speak for
myself... not the others, is that this program will be able to continue. To
do that, the loans that are made have to be paid back. Now, what guidelines
do you think... I am looking at things here now, and I am beginning to wonder,
because of certain things we were told before, that this particular business
did not have a cash register. There was no way, according to this.... what?
Cash register for $1,700, I am reading from the documents supplied to me.
These are not my figures, but I think that this Commission would like, with as
150 January 14, 1986
much leniency as possible, what we are looking for is to see that this program
continues on into the future. Nov, how best, and what guidelines and what
rules and regulations should be put forth so that when Mr. Quinn's loan is up
and finished, that there will be that money available for another man. I
think that is what we are looking for. That's what I am looking for.
Mrs. Kennedy: Right, and what other than the technical assistance that we
provide can we do to make sure that this succeeds?
Mr. Odio: I think the technical assistance is very important and we are
totally committed to provide whatever technical assistance it takes to :sake
this business succeed, and you do have our commitment on that.
Mayor Suarez: On that issue, and as far as your own deliberations as to who
to lend money to, or not, are you satisfied with the consulting that you have
received from the accounting company that has been chosen by the City? To
follow up on what the Commissioner is saying, is there any other modification
that comes to you, to mind, as a banker? Understanding that this is something
that is not typical of bank loans, and if it were, we wouldn't be here,
because then they could just go to a bank, but...
Mr. Duffy: Mr. Mayor, you know, we are not here to take the blame...
Mayor Suarez: You want us to tell you what...
Mr. Duffy: ... to take the heat, or condemn anyone, but...
Mayor Suarez: OK.
Mr. Duffy: ... in reference to Commissioner Plummer's question, I asked this
back, you know, in November, and if it is going to be changed, I feel that it
should have been done then. Now, I have no problem... yes, I heard you
mention your friend on Miami Capital Board. I served on that board for four
years and on the loan committee for three, and I've been with Capital Bank for
22 years, a loan officer for 21, so I know something about loans, but that
wasn't the problem, that wasn't the question. Now, if you are going to ask me
to set up some guidelines on the bank would, and then these gentlemen might be
in same type of problem they were before, but if you want to change, let us
know and then we will change, but I want you all to tell us to change it.
Mayor Suarez: Well, let's look at it mathematically. Typical default rate
for a bank, for all kinds of loans, is what?... three, four, five, ten
percent?
Mr. Duffy: Maybe somewhere between three and seven.
Mayor Suarez: Typical Miami Capital Development Corporation default rate? He
is saying 23 percent back there, but that is 23 percent since things have been
tightened a little bit, I would guess, higher than that in some points in our
history.
Mrs. Kennedy: It's higher.
Mr. Pablo Cisneros: Used to be about 32.
Mayor Suarez: Used to be about 32, he is saying, executive director, Miami
Capital. What would you, off the top of your head, guess that the program we
now have in place, would lead to in terms of a default rate, if you had...
it's an unfair question to ask you. Now, I am not going to hold you to it.
Mr. Duffy: It is, and I never think negative, Mr. Mayor, I think positive, so
I would hope that everyone that receives these loans would pay them back.
Mr. De Yurre: Well, you know, Mr. Mayor, when you lend money, you have to
lend it with the thought you are going to get your money back, and you know,
certainly we have to look at it in that vein. Again, the thing is, and the
one thing that has not been checked in, is this credit situation. You know,
_ whether we relax the criteria, I think that the procedure for lending should
be the same as a bank. Then, you can make a judgement on the procedure. You
know, if a bank requires that there is a credit check, let there be a credit
check... now, just how good a credit check, or how bad a credit check, then if
a bank would be a lot more, you know, would be stricter, we could relax, but
159 January 14, 1988
at least we are going to have the same information, have the same procedure,
and then we can be more relaxed.
Mayor Suarez: I presume the accountant in this case, ran the equivalent of a
credit check, unless you...
Ms. Weldon: Excuse me, Commissioners, Mayor, there was no criteria for a
credit check. We asked for that, and I just want to talk... I don't think we
should be held accountable, for we were not instructed to do...
Mayor Suarez: Lori, that is what I am clarifying, but if an accounting
company looked over this business, maybe they would have done a credit check
as a matter of course, I don't know. Maybe they would have, maybe they would
not have.
Ms. Weldon: Well, from my understanding of the first, the September 28th
meeting, this community was not supposed to be looked at with that sort of
scrutiny, because they could not be helped in that form or fashion. That is
why...
Mr. Odio: Excuse me, I think, Mr. Commissioner, when the criteria was
developed, that the criteria for this particular program, tied to technical
assistance, was for people that would not have credit or normal credit...
Mrs. Kennedy: At any other bank, that's right.
Mr. Odio: ... so that these funds would be provided to those people that
couldn't get credit to make sure they could survive.
Mr. De Yurre: I understand what you are saying, and I also want to point out
- that I am not here to criticize the loan committee, because that is not the
- purpose of this, so you know, I don't want you to get into a defensive posture
because of this. I am looking for ways of making sure that this program works
from today on forth, that's what I am looking for. Now, what I am talking,
when I mean relaxing, there are two ways you can relax. One way you relax is
say take the credit check totally out, that is one way of relaxing. Another
way is, you are going to have a credit check, but we are going to relax the
way we look at it, if it is a so-so credit check. There are two ways of doing
it. I think that we should follow the same procedure as a bank, as far as
obtaining information from these applicants, and then based on all the
information you have, you have a global picture of the applicant, then you can
say OK, we are going to go ahead with it, or we are not going to go ahead with
it.
Mr. Lawrence Crawford: Mr. Mayor and Commissioners, the program was set up to
try to help the businessmen in the designated areas. Your peers, the other
four Commissioners up here now, excluding yourself, designated the guidelines
that would be implemented in order to give out the money. We voiced some
questions about the guidelines and the procedures. As a result, we went ahead
and made some recommendations for the loans. Since your peers saw fit at that
time, to relax the guidelines to the degree that deemed necessary, being the
learned leaders that they are for our community, it seems that they had the
best interest at heart. If a mistake was made, we either continue it, in the
hopes that the recipients will survive and succeed, or you direct the City
Manager to formulate other guidelines. in other words, your learned
colleagues set guidelines. We either go by the guidelines...
Mayor Suarez: Thank you for that particular characterization.
Mr. Crawford: Oh, you know how I feel. Let's give the money out with the
guidelines we have, or give us new guidelines, and let the businessmen know
what the guidelines are. You decided, or they decided, that credit would not
be a criteria, collateral would not be a criteria. They didn't want a several
page application. They wanted a simplified application. At the time it
seemed like the Commissioners were trying to help the businessmen in the
designated areas. There were several things that I am sure a lot of people had
concerns about, but it was an attempt to try to help, be it to improve the
number of employees or not, the idea was to help the busineseaan succeed and
hope that they would be able to continue successfully. I think your
questions, Commissioner De Yurre, should be presented to the other
Commissioners and the Mayor. They formulated it, not us, not the businessmen.
They deserve a break. Come up with something that would help them, that would
assist them, that would still be in a relaxed format.
160 January 14, 1988
10
Ms. Weldon: I just want to say one more thing for the record, at this time
anyway.
Mayor Suarez: One - more - last - thing!
Me. Weldon: At this time, anyway! No, I won't say last. For the record,
Commissioner Kennedy, this community, at no point in time, considered this
Commission the Salvation Army.
Mr. Rasheed: Mr. Mayor.
Mayor Suarez: Mr. Rasheed. Yes, Mr., Duffy, I am sorry. We are still hearing
from the committee.
Mr. Duffy: To save time and try to get the program moving again, because we've
been about two months, the other night, I've spoke with Otis, Mr. Pitts, who
is the newly elected president of Miami Dade Chamber. I did not want to set
myself up as judge, jury, defendant, prosecutor, and the like. I made some
suggestions to him and they met without me, and I think he would like to...
what you are asking me I don't think I should do it, because I am the
committee. He would like to probably present some of that now.
Mayor Suarez: You mean, on behalf of Miami -Dade Chamber?
Mr. Duffy: Yes.
Mayor Suarez: OK, we certainly want to hear from them, but as an affected
member of the... I presume an applicant, and a member of the initial citizens
group that got together, do you want to make a statement, Mr. Rasheed?
Mr. Rasheed: Yes, as you know, my name is Prentice Rasheed, I am now the
president of the Liberty City Miami -Dade Merchants' Association which was
formed out of this situation, in order to have a little bit of control and to
operate with these businesses, so that we will have a relationship with the
City Commissioners and the City of Miami, in dealing with these loans. There
In a number of things that has been said, I believe, in the minutes, according
to what I hear, even all the Commissioners commented some things that I
thought was a little off course, but basically, I see that the Mayor was
pretty much sticking to the course, because he was one of the initial people
In the other... in the days past, to help get these resolutions passed.
Understanding the situation throughout Miami, and very serious situation in
the Liberty City area, whereby we have a major company here, with Graco Paper
Company here, having 50 employees, 75, or I believe 80 percent of them are
African -American people, or Black people, and they do business in the area.
There are a number of other citizens in that area that are not all African -
American. There are Latin businesses in the area, Cuban businesses in the
area, there are Chinese, there is the Arabs, and so forth, and so on. All
these people in Liberty City, are also applying for these loans, so in the
case that Liberty City needs the support and the help of the City of Miami, to
bring it back to the level of other cities, other parts of the City, to
operate on an economical progressive manner, instead of continuing to live
year after year as a deprived area and to be scrutinized and put on the same
kind of loop or focus as people that are able to apply for bank loans.
Mayor Suarez: Yes, what you are saying is, we wouldn't be able to run this
program as a bank would, because otherwise, we wouldn't have this program at
all, I mean... I was mean, we would just refers you to a bank.
Mr. Rasheed: The resolution that was made by the four Commissioners with the
Mayor, was sufficient. I had concern with the loan committee, the screening
committee and the CPA, that they wasn't moving on the program, within the 15
day period, as it was stated, for these particular funds to be approved or
disapproved, and this is one of the biggest problems we have. We have at
least sixty or seventy people have applied for these loans over two months
ago, and I believe half of them have not even heard from whoever is
responsible for screening and giving the kind of report back to these
particular people that were applying, so it is showing a lack of concern for
people that are suffering and is actually going to lose their business or lose
their employees because they cannot maintain a business on that level. I
would encourage the City, along with the City Manager, to expedite, if there
is going to be a loan, expedite it, through the resolution after 15 days. If
161 January 14, 1988
there is not going to be a loan, let it be known, but don't have someone
waiting 60 days, or 80 days and not hearing from what your loan situation is.
We are not actually asking for gifts, we could have asked for a grant, we
could apply for grants. We believe that the City of Miami should make some
gratuities, some grants to those areas, as you did in Bayside, and in many
other areas throughout Miami, that get these businesses off the ground, give
them $200,000 and loan them $250,000, until they get some themselves in a way
that they can operate as full fledged businessmen and busiesswomen. That has
not happened throughout the disadvantaged areas. We know that millions of
dollars come into Miami, to...
Mayor Suarez: Can you summarize so we can...
Mr. Rasheed: OK, well, the millions of dollars that came to disadvantaged
areas... economically deprived, depressed and distressed areas, and we would
like to see this resolution continue, and we also would like to see that there
be additional monies put in there, so you can cover all of the people that
have applied $570,000, and we appreciate that what you did, but it is not
enough money to cover all of these business and we want to further discuss
these concerns at a later date.
Mayor Suarez: OK, but we understand that we have got to try to make this
particular program work, and once we make it work, then obviously, we can go
on to bigger and better things.
Mr. Rasheed: And the merchants, all the merchants, 40 merchants met the other
evening, and all of these merchants are very concerned about this program
working. We don't want the City, we don't want the world looking at us, as
taking some money and running off and to continue to destroy our area. We
want...
Mayor Suarez: We understand it, we understand it.
Mr. Rasheed: OK, I appreciate it. Thank you.
Mayor Suarez: Thank you, Mr. Rasheed. Anyone else, before we hear from the
Miami -Dade Chamber, on the affected, or the neighborhood group?
Mr. Rasheed: Yes, this lady, she had a comment on being rejected.
Mayor Suarez: You were one of the ones rejected? OK, get a closer to the
mike, and tell us your name and address.
Ms. Ella Sommerset Black: OK, I am Ella Sommerset Black, 1038 NW 36th Street,
and I am here on behalf of United World Church Supply & Printing. In October
this board of Commissioners approved the Model City pilot loan program...
Mayor Suarez: Tell us about your loan, that is what we are interested in.
Me. Black: .. with these boundaries, on 71st Street on the north, and 36th
Street on the south, I-95 on the east, 17th and 19th Avenue on the west. We
called the Miami Capital Development and asked if our business was included in
this particular area. They said, yes. We attended a meeting that was called
at the Uptown City Hall, and again was told by the Miami Economic Development
representative that we were also included in the area. We submitted our loan
package to the processing committee, and two weeks later we received a letter
stating that we were outside of the boundary of the Model City pilot program.
I am here asking that our business be included in the program according to the
original plan of this Commission. I've also submitted two maps to you, which
will show you that the Miami Capital Development, in its loan package, gives
out that particular description in the area that we are, the 1038 NW 36th
Street is included. Also, this map was given out, the second map was given
out, on the night of the meeting at the Uptown City Commission, and the same
description of the area we are in was given out, so what we are asking is,
that you include us in the Miami pilot Model City program.
Mayor Suarez: You are outside the boundaries of the program, is that the
problem?
Ms. Black: Not according to your map.
162 January 14, 1988
Mayor Suarez: But, I mean, that is what the loan committee decided, or the
City of Miami?
Mr. Duffy: Well, no, no.
Mayor Suarez: You don't want the loan committee to be stuck with this!
Mr. Duffy: Mr. Mayor, the screening committee accepted all applications, so
we only receive what they presented to the CPA.
Mayor Suarez: This one didn't even make it through the screening committee
?
Mr. Duffy: It didn't make it to us.
Mayor Suarez: Right, through the screening committee to you. Why do we set
those boundaries? Are those...
Mr. Castaneda: No, no, the boundaries of the Model City are the boundaries of
the Model City area, target area.
Mayor Suarez: The target area that we...
Mr. Cather: She is in Allapattah. 36th Street is in Allapattah.
Mayor Suarez: We intend to expand the program, if it ever gets off the
ground, to the rest of the City, and you are in the next likeliest area that
it would be applicable in, Allapattah.
Ms. Black: If you will look at the third map, you will find out that I am not
in the Allapattah area. I've submitted a copy of the target area... of the
Allapattah. Allapattah area, according to your map, goes to 12th Avenue. I
am at 1038 NW 36 Street. I have submitted the maps to the Commissioners and
you may have one too.
Mr. Dawkins: Mr. Castaneda, isn't there two hundred and seventy, or two
hundred or some thousand dollars for the rest of the City of Miami?
Mr. Castaneda: That's correct, Commissioner.
Mr. Dawkins: Well, why can't this lady apply for that?
Mr. Castaneda: She can apply to that, but the other program has not gotten
off the ground, waiting to see what happens to this one.
Mr. Dawkins: That is not what I asked you. I asked you why can't she apply?
Mr. Castaneda: Yes, she can, once it gets off the ground.
Mr. Dawkins: Well then, please provide her with information and instruction
on how to apply for the money that she is in the area for, that she qualifies
for, instead of having her knocking her head out here, attempting to get
something that she doesn't qualify for.
Mrs. Kennedy: Otis, would you like to say something?
Mr. Otis Pitts: Yes, I would. I'm here in two capacities.
Mr. Dawkins: Congratulations, Otis, on being elected to
Mr. Pitts: Thank you, sir, I appreciate it. I am here, I guess in two roles,
one as the president of the Miami Dade Chamber of Commerce, but also, as, a
spokesperson, if you will, of the Edison Model Cities Merchants' Association.
We met in an emergency meeting on Monday night, a special meeting with the
loan committee, and the screening committee, following our regular meeting the
prior week, and also with MLK Economic Development Corporation, in an attempt
to find out what the outstanding issues were, to see if we could not come up
with some guidelines, or to look at, review the guidelines and the issues
consistent with your concerns that you had raised last time. We'd discussed
some issues with the loan committee, with the screening committee, and also
with Mr. Mason of MLK to try to attempt to get a sense of what we should... a
position that we should take regarding this. We sent a letter to you which I
163 January 14, 1988
hope that you have copies of. It just came be a courier to you today, that
basically sets forth where we are on this. We basically support the
guidelines that you passed, you know, initially, and we approved, if you will,
or support the guidelines that were added, as we understand ist by the loan
committee, and that was that the working capital would not exceed 25 percent,
that in the instance where there were disbursements to be made for
inventories, etc., that those... and they were involving any of the third
party and the borrower, that those would be two-party checks, so we can be
sure those monies did go in for what they were originally intended. Beyond
that, we thought the CPA, if he was going to be do his job, that credit checks
would not influence whether the loans would be made or not, but for him to
understand how to make a disbursement that he is charged with and to
understand what technical assistance is needed, credit checks should be looked
at in terms of T.A., but not to interfere at all, with what loans are being
approved...
Mayor Suarez: T.A.?
Mr. Pitts: Just technical assistance by the CPA firm, but if you understand
problems of credit...
Mayor Suarez: We need technical assistance too, to understand your
terminology.
Mr. Pitts: I'm sorry. The technical assistance that the CPA firm would be
providing, that that firm would need to look at those kinds of things about
the business, if this firm is going to help the borrower, and that in the
instance where there was credit, in the instance of a tax lien, etc., or tax
obligation, that the CPA would add it to the CPA's scope of services, would
be a workout with the creditors, between the creditors and the borrowers, so
that those outstanding obligations would not end up attaching the money if it
were placed into a bank account, and what you had not included in your
original three steps was Martin Luther King Development Corporation's role,
and we felt that role should be the one that currently I guess you've assigned
It, but to make it a formal part of the process, because no where right now
does there exist a document which comprehensively looks at all the various
roles involved; and therefore the role of MIX should be included in your
process.
Mayor Suarez: Why, I thought we had specified the MLK role some way or
another, Frank. How did we specify it, just verbally? We didn't include them
into the...
Mr. Pitts: It was in a resolution, but I mean, there is nowhere in a single
set of guidelines you can go to the rules.
Mayor Suarez: Yes, we kind of did it over two or three Commission meetings,
uptown city halls, and helter-skelter.
Mr. Pitts: So, basically, those are the things that we... our position on
this. We want to commend the Commission for taking... creating an innovative
program such as this. We'd like to see the loan program continue, and that is
basically our position, but I believe these are things we have added, we
think it will tighten it up. It does not in any way hurt the merchants in
terms of getting their loans, but also places in one document, you know, the
entire rules both for the procedures, I mean the guidelines and the procedures
for the loans.
Mayor Suarez: That's fair. Thank you for your suggestions.
Mr. Pitts: Thank you.
Mr. Duffy: Mr. Mayor.
Mayor Suarez: Mr. Duffy.
Mr. Duffy: Thank you, Mr. Pitts. I think the problem that concerns us now...
we approved seven loans. Only one was highlighted, that was Seven Star
Fashions. We have six loans that we have sent to Community Development to be
processed. The people had good credit, they had checking accounts, but what
we would like to know now, will those loans be disbursed by C.D., and should
we continue the loan process?
164 January 14, 1988
Mayor Suarez: Well, I can tell you how one vote is going to go on that issue
tonight, and that is mine, but... and that is to continue the program exactly
the way that it was intended and contemplated, but let me, before we put that
question... difficult question to the Commission, see if we hear from... can
you hang around a few more minutes? We'd like the loan committee and, we
thank you by the way, for your service, it has not been an easy situation,
translating confusing instructions from this Commission on a totally new and
innovative program, as Otis has said, into a reality under difficult
circumstances. Ma'am?
No. Helen Lissenme: Yes, sir, I am touch wit:, your office.
Mayor Suarez: Give us your name, first.
Ms. Lissome: Helen Lissenme, regarding Chief of Police Dickson.
Mayor Suarez: Oh.
Ms. Lissenme: The Assistant Chief of Police...
Mayor Suarez: Do you live in Miami Beach?
Ms. Lissenme: Yes, sir, I do.
Mayor Suarez: Can you give us an address? I remember your calls.
Ms. Lissenme: 2216 Park Avenue, Miami Beach, 33139. We have over 200
defendants in this case. You have to go to the IRS. The IRS are defendants,
the FBI are defendants.
Mayor Suarez: Can you leave all that documentation in my office? I can have
one of... this item that we are doing now has nothing to do with that, but we
are very interested in your...
Ms. Lissenme: Yes, but when... my life is under the... there was supposed to
be a police car sent for me. My life... they know where I live, no matter
where I go, because of the way I live.
Mayor Suarez: OK, we are going to take care of all your documentation, we are
going to look at it.
Ms. Lissenme: This man has six.... (OFF MICROPHONE)
Mayor Suarez: It won't be the first time the President got sued, but we will
be happy to look over all of your documents. Thank you.
Ms. Lissenme: Will that be returned to me?
Mayor Suarez: Well, we'll make copies, how is that?
Ms. Lissenme: Can you make copies now?
Mayor Suarez: Yes, Ma'am. If you would take a seat, we will make copies.
Sir.
Mr. Les Lewis: My name is Les Lewis.
Mayor Suarez: Will you please have a seat, Ma'am?
Ms. Lissenme: He was supposed to be here this morning.
Mayor Suarez: That what we tell him all the time. He is supposed to be here
on time, Putney, and he is always late. Sir.
Mr. Lewis: My name is Les Lewis, and I run a business in the Liberty City
area, by the name of Stage A Stars Corporation. From my understanding, the
money that we are talking about now, this loan package, is supposed to be for
the purpose, for the people in the riot area. Originally, there was money
that was supposed to be given to the people in the riot area, that was never
received. We are speaking in terms of, by the "mom and pop" businesses that
are located in the area. The issue we are talking about now, based on this
165 January 14, 1988
loan money, that was supposed to be trade available for the people in this
community the merchants to improve their businesses, to also to help them to
survive, based on lack of capital and so forth, a lot of the businesses are
failing, because of lack of capital, but what I really want to say, due to the
fact that this money was never received by the people, based on the money that
was promised during the riot time - the money is being made available at this =
time, as a loan. I understood that the money should have been a grant in the _
first place, but yet, now, his being given by means of a loan, and then we are _
talking about a lot of hard core rules and regulations guidelines are being
stipulated in order for people to qualify for these loans. They must qualify -
under these hard core rules and guidelines that you have established here.
Mayor Suarez: Well no, we don't think they are very hard core in that sense,
but it is not a grant either, you are right, it is not a grant. -
Mr. Lewis: OK, that is just a matter of opinion.
Mayor Suarez: Right.
Mr. Lewis: OK, we are speaking in terms of a lot of money, flowing in and out
of this community. Should I say, not the community, but the City of Miami.
The majority of the money that comes into the City of Miami, bypasses the
Black community.
Mayor Suarez: No, that isn't true, but you...
Mr. Lewis: That is just a matter of opinion, sir, I am speaking in terms
of... I live in the Black neighborhood. I don't see very much that is being
done in the Liberty City area. We hear that a lot of money is promised to the
area, but it has only been talk. We don't see anything that is concrete, that
is happening in the area. I feel...
Mayor Suarez: That part of the statement I tend to agree with more, because
there was incredible promises made after 1960. There is a thick report on all
of those promises, adding up to about $90,000,000, and how little of that
money actually got where it was supposed to go. Most of it was not
administered by the City of Miami. Go ahead.
Mr. Lewis: OK, I feel that there are few questions that need to be answered,
that haven't been answered. I find that a good deal of the money that enters
into the City, is being funneled into the Cuban community, more so than the
Black community. When the Blacks make a request for monies for any reason,
whether it is a grant, or loans, they are mostly turned down, more so than
being given to the Black community. I feel that all the Commissioners here
have been elected to work for the people in the Miami area. I hate to see, I
hate to believe that from what I see, it feels to me that we have been
divided, the community, the Black is talking about what the Cubans is
receiving. The Cubans is talking about what the Blacks are receiving. The
Cubans are talking about how they have helped this community. The thing is is
this, I don't want to throw stones.
Mayor Suarez: Why don't you tell us about this particular emergency loan
program?
Mr. Lewis: OK, what I feel, sir, is this: I was understanding, and a lot of
other people here was understanding that this is supposed to have been a high
risk loan package.
Mayor Suarez: I fully agree with you there.
Mr. Lewis: My question is, what is a high risk loan package? ... because
everything I have heard this morning and also in the past, au not designate to
me, to be how this loan...
Mayor Suarez: OK, we are about to define that, and your input, of course, is
that it should be almost a grant, is what you are saying, I mean that is...
Mr. Lewis: Not necessarily so, sir, that is not what I mean. What I mean, is
this, that we are having financial problems for working capital, to run our
businesses.
Mayor Suarez: Right.
166 January 14, 1988
Mr. Lewis: Due to the fact that this money was supposed to have been
designated and promised during the riot time...
Mayor Suarez: Are you saying, for example, that we shouldn't have credit
checks at all?
Mr. Lewis: What I am saying, that guidelines should be made more lenient...
Unidentified Speaker: Hell no.
Mr. Lewis:... than what I hear today. It is hard core, but when you speak in
terms of high risk, I think we should examine what is the meaning of high
risk, because it is not clear to me, and it is not clear to a lot of other
people here.
Mayor Suarez: You know what it means to me? It means that we expect that we
won't get paid back on quite a few of them. That's what it means.
Mr. Lewis: If that is what it means, then we ought to address that issue and
make it clear, because it is not clear at this present time.
Mayor Suarez: Well, the whole Commission has to decide how high a risk we
want to take, that's the problem.
Mr. Lewis: That's what I am saying, and it should be made clear, because it
is not clear. Thank you very much, sir.
Mayor Suarez: You are entirely right. Thank you for your statement. Mr.
Shearer, last statement?
Mr. Enos Shearer: Very good, on the last speaker, I agree with him right on
down the line, 100 percent.
Mayor Suarez: OK, on this loan program, Mr. Shearer.
Mr. Shearer: OK, my name is Enos Shearer, secretary of Citizens of Dade
United. I also happen to be a member of the Liberty City Merchants
Association, and I think it is highly atrocious that now we are going to start
making agreements, all of a sudden, tightening up the screws, on the $570,000
loan grant to these people, when a little over an hour ago, we just passed
right on down the line without a big argument, giving $5.4 million dollars to
the Zaminco Corporation, with no strings are tied, no strings are tied - a
much larger loan. I think it is atrocious...
Mayor Suarez: Well, it is not, not quite right to say, no strings attached,
when they must have a letter of credit for the same amount of money that can
be called in within 48 hours, but...
Mr. Shearer: I think you have to give these people a break. You can either
give them more laxed loans... $570,000 is a drop in the bucket compared to
what kind of loans these people should really be getting. They were promised
in the order of about $15,000,000 to $20,000,000 when the riots occurred. What
have they got? - zero, not one cent) They haven't gotten any money, they have
been promised a police station. All they got was a dig in the ground. They
stuck the shovel in the ground, cut a few ribbons, and there goes another
promise of about five or six million. They still haven't begun that. All you
people keep doing is making promises, promises, promises, and all these
diversionary tactics, along with what I heard a while ago...
Mr. Odio: I think you should inform yourself before you come up here. We are
not digging. We are going to build the substation and we are going to build
it this year, and you should be very... better informed before you come up
here and make those statements.
Mr. Shearer: Well, sir, I'll believe it when I see it.
Mr. Odio: Well, I don't care what you think.
Mr. Shearer: I mean, I'll believe it when I see it.
167 January 14, 1988
Mayor Suarez: Well, did you go by recently and see the progress of that
substation?
Mr. Shearer: These people told me now. I am taking their word. I know what
had...
Mayor Suarez: I thought maybe you yourself had gone by, since you are a
member of the Merchants' Association, had gone by and seen the progress of the
substation.
Mr. Shearer: Personally, I think you need to give these people the loans
without any of these big strings attached and quit playing this patsy along
the community.
Mayor Suarez: We gather that is your opinion. I happen to agree with you.
Anything else?
Mr. Shearer: Well, I probably could tell you a lot more here, but I'll tell
you one thing, I back up this fellow that spoke a minute ago here, one hundred
percent, give these people the loans and quit fooling around. Eight years is
much too damn long to be playing around, making these people promises.
Mayor Suarez: I am glad to hear you say that. You know why?... because if
some of these loans aren't paid back, I have I feeling I was going to hear you
complain that we had foolishly given away money and I am glad now.
Mr. Shearer: No, you won't hear me.
Mayor Suarez: Wait, I am going to hold you to what you said here today,
because I've got a transcript now, of everything that was said, so you won't
be complaining now, if some of this money isn't paid back, right?
Mr. Shearer: Look at some of the failing businesses at Bayside, I mean, were
they held to their promise?
Mayor Suarez: Right.
Mr. Shearer: No, they weren't. They were given something in the order of
about $250,000 loans, and there weren't a lot of strings attached to that, and
that was only because this Commission wanted Bayside, that's why. Now, I am
not...
Mayor Suarez: That's right. There were a lot of strings no -Cached, but go
ahead. Anything else?
Mr. Shearer: OK, I am not... yes. I'm not for any deferment, because a
defer... I want to see you take a vote on this today. A deferment today would
only mean you are trying...
Mayor Suarez: I certainly intend that we take a vote on it today. That hasn't
come up yet, please) If we have a motion to defer, I will let you speak on
that.
Mr. Shearer: I know, but you mentioned it a while ago, that you may defer,
and I am saying here and now, I want to see a vote right on down the line, for
or against this issue...
Mayor Suarez: We will decide what vote we are going to take, if we decide, if
we make a motion to defer, we will let you speak on that. Anything else on
the loan program?
Mr. Shearer: Well, yes, if you do plan to defer it, I believe it is a tactic
to split the troops, so they won't come back...
Mayor Suarez: No plans to defer right now.
Mr. Shearer:... and they will come back in a weaker OK, sir, I wish
that you would really uphold giving them the $570,000.
Mayor Suarez: Thank you.
Mr. Plummer: Mr. Shearer, do you have a business in Liberty City, sir?
168 January 14, 1988
Mr. Shearer: Sir, I own property in the City of Miami.
Mr. Plummer: I asked a question, that I thought was relatively easy to
understand.
Mr. Shearer: Relevant?
Mr. Plummer: Do you own a business in Liberty City, sir?
Mr. Shearer: Well, the answer is very simple, for number one, no, but I do
own property in the City of Miami, and it is my concern that these people get
this money, and what's more, I am a member of their organization.
Mr. Plummer: It is amazing, that the other areas that you have always
appeared before this Commission...
Mr. Shearer: Yes.
Mr. Plummer: ... you were kind of anti.
Mr. Shearer: Anti -what?
Mr. Plummer: Everything.
Mrs. Kennedy: Everything.
Mr. Shearer: No, not true, that is only your opinion, sir.
Mayor Suarez: Well, it is good to hear you... it is good to hear you will be
in favor of this particular program, I am happy to hear that.
Mr. Shearer: Well, of course I am in favor of it.
Mayor Suarez: Great.
Mr. Shearer: I mean, how could I be against it? Not only that...
Mayor Suarez: Fine, fine, we love to hear you be in favor of it. Please,
anything else?
Mr. Shearer: Yes, one last thing.
Mayor Suarez: No, not from you.
Mr. Shearer: One last thing.
Mr. Plummer: Amazing!
Mr. Shearer: The Civic Rights Commission came down and did a study on the
Liberty City riots, and would you believe that they said in part:... "The part
cause in Liberty City riots was the requirements for Spanish speaking people
to hold jobs." Now, you know...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I thought you were headed towards that issue. Please, we are
trying to approve this emergency loan program.
Mr. Shearer: That is not a side issue! The issue is jobs and money, and
funds, and please give these people the funds.
Mayor Suarez: Thank you. OK, what is the Commission's pleasure? I'll
entertain a motion to do whatever... hopefully to continue the loan program,
and if any modifications need to be made, I haven't heard of any that need to
be made.
Mr. Plummer: Well, what I understand the recom...
Mayor Suarez: Except technical assistance.
169 January 14, 1988
Mr. Plummer: Well, the recommendation from Mr. Pitts, and his organization, I
didn't hear anything in there contained, that I felt was out of line. Now,
does somebody want to speak to that, if this Commission were to adopt to
further the recommendations of the Miami Dade Chamber?
Mr. Duffy: Mr. Mayor, Mr. Plummer, we have no problem with the letter coming
from the Chamber. The only thing that this committee requested, due to the
fact that the program is very viable for those merchants in Liberty City, that
it would... one, it would continue; two, that this loan committee would retain
the last "last say" or "final say," and we will continue to do those things,
and that we feel is for good, and we will continue to approve loans the way we
had been approving them, and...
Mayor Suarez: That's an interesting point. Let's hold you there, because that
In the key thing that we have to decide today. Will the loan committee have
the last say, or will Community Development have the "last say?" I know that
Commissioner Dawkins has a problem with Community Development, I think, being
the vehicle other than for disbursement. I mean, obviously, somebody has to
do a disbursement, and we haven't referred it back to Miami Capital. Will the
loan committee have the have the last say?
Mr. Plummer: Mr. Mayor, as you will recall at the last meeting...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer:... it was said that the Community Development, the
Administration, of course, that in those areas that they felt there was an
absolutely one hundred percent chance of failure rate, should bring those
matters before this Commission, and let us to review them.
Mayor Suarez: So that is like veto power for the Community Development
Department. Do you have any problem with that, Mr. Duffy?
Mr. Duffy: Yes.
Mayor Suarez: That helps to cover you.
Mr. Duffy: No, but I think, if it is a community problem, Mr. Mayor and Mr.
Plummer, and I think that people that are on the committee are qualified and
capable as any, we are not going to send anything down to Frank that is 100
percent failure, we are not going to do that, and I think...
Mayor Suarez: I'm sure you would, so...
Mr. Duffy:... you know, that we are qualified, or else, if you feel we are
not, let the program "final say" remain in the Black community. Pick
somebody else, you all picked each one of us, so pick someone else, but I
don't... I think Frank's office should only disburse, the "last say" should be
in the community.
Mayor Suarez: OK, I agree with you. Let me just say, Madam City Attorney, do
you have any problem if we give them the "last say," legally?
Mrs. Doughertys No, sir.
Mayor Suarez: No, no, not Frank's office, the loan committee. I don't mean
Frank's office.
Mrs. Dougherty: That's the way it is now.
— Mayor Suarez: Except that it didn't work out that way. We stopped a bunch of
loans. Do you have any legal problem? Is there any legal problem, that the
loan committee, this entity that has been created for this program has the
absolute final last say, where all he does, is the disbursement mechanism.
Mr. Dawkins: He... who disbursed?.
Mayor Suarez: The City has to disburse the money, Community Development
department.
{ Mr. Dawkins: What entity in the City?
170 January 14, 1968
Mayor Suarez: Community Development has to disburse...
Mr. Dawkins: Why...? No, no, wait. I've got a problem.
Mayor Suarez: Who else do you have in mind?
Mr. Dawkins: Wait now. Let me... I've got a problem.
Mayor Suarez: OK, who do you want to do the disbursing?
Mr. Dawkins: When we had $500,000, then it was all right for Miami Capital to
have $�00,000. Now, we are coming up against the wall, where these loans may
default, and some of them are going to look bad, and now you want to give them
to Frank Castaneda. Now, why should Frank Castaneda have bad loans, if they
are going to be bad, and not Miami Capital? OK? So now, I am not in favor of
us allowing Miami Capital to look bad, or C.D. Now, if you want to set up
another entity to disburse these funds, I've got no problem with it.
Mayor Suarez: How about the Martin Luther King Economic Development
Corporation doing the disbursing?
Mr. Dawkins: What is wrong with Capital Bank? I don't care who it is.
Mayor Suarez: What about MLK doing the disbursements? Sam, why don't you say
that into the mike?
Mr. Dawkins: Don't let Frank Castaneda be the one that has a bad track
record.
Mr. Sam Mason: Mayor, Vice Mayor...
Mayor Suarez: That solves another one of the concerns of Miami Dade Chamber,
that MLK be more formally involved. You can't be more formally involved than
doing the disbursing process.
Mr. Mason: ... Commissioners, Martin Luther King Economic Development
Corporation has extended itself beyond its to make this work. We have
computerized the whole system. Every name is in the computer, status, etc. We
have gone to merchants to get information that wasn't on their applications.
We've played it right down the line. We communicated with Administration, we
kept them informed, they got every letter, everything that ever happened in
the program. We wanted to work, that is why we are working so hard. It can
work, and the first resolution that we sent to this Commission, and to the
Manager, that the success of this program, is that we make good loans, and
we'll - if we work we could make this happen, and we could be that vehicle, we
have put ourselves in that position to be that vehicle, and I am sure we can
make it work. Thank you.
Mayor Suarez: I really need to hear from the Commission. I would be disposed
right now to vote on a resolution as presented by staff with the change that
section two would read, instead of: "The director of the Department of
Community Development shall act on behalf of the City in the execution of all
contracts and all closing _ documents, that the executive director of the
MLK Development Corporation shall act on behalf of the City, etc., etc." ...
myself.
Mrs. Dougherty: No, no.
Mr. Odio: As I understand it, we would give this amount of money to MLK, and,
in effect...
Mayor Suarez: In effect, they could put it in their bank account, if they
want to.
Mr. Odio: And what I asked him just now, is that my concern is not the monies
in technical assistance, and he said that would be provided with the package,
so I am...
Mayor Suarez: Well, let me ask him about that, because God, I don't know how
he is going to be able to find the monies for technical assistance. Sam? So
far, by way of technical assistance, all we have provided is an accountant, I
think, who was paid rather a small amount of money to really review loans,
171 January 14, 1986
$30,000, not to really provide ongoing technical assistance. We are now being
asked, in the case of Bayside, by the way, to allocate substantial amounts of
money for technical assistance, on an ongoing basis to existing businesses
over there under minority loan programs, and if we have to do it in the case
of Bayside, with all the grants, and all the safeguards, and the traffic that
you have in that place, I would expect that we would have to do it here, that
makes sense. With what funds though? I mean, he is not going to be able to
do it from $570,000 unless we give him that... Sam? That ongoing technical
assistance is to the businesses that...
Mr. Odio: Let me make a...
Mayor Suarez: Because we could contract with Miami -Dade Chamber.
Mr. Odio: Let me make it easy. At his request, since he is going to be the
coordinator, we will give them the assistance that he would want from the same
staff we had assigned to that anyway. We have staff that has been earmarked
for technical assistance, so if Sam requests it, we will provide it.
Mayor Suarez: Ongoing technical assistance to the businesses that are
receiving the monies? We are able to do that with existing staff?
Mr. Odio: Yes, sir.
Mayor Suarez: You are going to work a little harder, Frank.
Mr. Odio: That's right.
Mr. Plummer: What was the... let me ask this question - Mr. Manager, you
spoke to the idea of percentage of disbursement, as to the percentage of the
technical assistance.
Mr. Odio: That is what we were... we just don't want to give... my perception
- of the whole business, I just didn't want to give a check to someone for
$50,000 and the business goes under. We were going to disburse the monies
according to the needs of that business, and that was tied directly to the
technical assistance.
Mr. De Yurre: What I am looking for here also is the fact that there will be
technical assistance. What I heard is that Mr. Mason requests, and that is
not exactly what I am looking for. I want to make sure that C.D. has the
opportunity to look in, and where they feel that there should be technical
assistance, that they provide it. I don't want it to be left to some other
entity to decide if there is a need for it or not.
Mr. Rasheed: Mr. Mayor, may I speak?
Mr. Dawkins: Say what now? Where are we now?
Mayor Suarez: I propose that the resolution as drafted be changed to reflect
that the executive director of the Martin Luther King Economic Development
Corporation be...
Mr. Dawkins: Do they have enough capital in the bank to safeguard the money?
Mr. Castaneda: Mayor and Commissioners...
Mr. Dawkins: I mean, we are not here to be B.S.ing, OK? We are here about
business, all right. Now, wo,'ve got people out here. We've got businessmen
who need money, OK? Now, t.I�e City... we have a fiduciary responsibility for
_ that money. All right, Miami Capital said C.D., or you get somebody in your
office, OK? But, somebody in the City of Miami is going to disburse this
money. I don't care who it is, so that when they want their check, the City of
Miami has that check available.
Mayor Suarez: You've got no problem with this?
Mr. Dawkins: We don't need, and that has no reflection on Sam Mason, but I
want, when they come in my office, or Victor's office, or anybody's office up
here, I want to be able to go in the back there and tell them to cut a number
one check, because they need it right now to buy supplies.
i
172 January 14, 1988
Mayor Suarez: What is wrong with the resolution as drafted, then?
Mr. Dawkins: I don't want it...
Mayor Suarez: The resolution calls for the Department of Community Development
to be the disbursing agent.
Mr. Dawkins: Why should Frank get...
Mayor Suarez: Well, who do you want to be the disbursing agent?
Mrs. Kennedy: Yeah, those who...
Mr. Dawkins: Anybody... that's the Manager's responsibility, that's not mine.
We are paying you to make these damn decisions.
Mr. Odio: OK, I just...
Mayor Suarez: That is the Manager's responsibility. He works for the
Manager.
Mr. Odio: Mr. Mayor, I asked... Miami Capital will do the disbursements. I
_ just asked them to do it, they will do it, so that will eliminate all this... _
Miami Capital will do it.
Mayor Suarez: And, we are going to build into the resolution, are we not? -
that the loan committee makes the final decision.
Mr. Odio: Yes, definitely.
Mayor Suarez: Non-vetoable, if that word exists!
Mr. Rasheed: Can I speak to that issue?
Mr. Dawkins: OK, then what we are saying is then, that the Miami Capital...
Mayor Suarez: Discretion.
Mr. Dawkins: ... responsibility for this, other than disbursing money, is
that what we are saying this morning? - no. OK, all right, I go along with
that. You can live with that?
INTE
Mr. Rasheed: Mr. Mayor, I need to comment on that resolution.
Mr. Dawkins: OK, no prob!.em.
Mr. Rasheed: On the very point that you are making that the loan committee
has the final decision, anti we talked about in your last minutes, that you
said that you would have, :.f something is turned down, that it would have an
appeal in effect at this City Commission. There should not be one entity that
v has the absolute say-so, and the first chance and the first choice, to deny a
loan from proceeding.
Mayor Suarez: Are we talking about the screening committee?
Mr. Rasheed: The loan committee. If it has the absolute power to say who can
apply or who will gtalify, or who not...
Mayor Suarez: Oh, you can always come to the Commission to complain about the
loan committee, if you were not approved.
Mr. Rasheed: But, that should be part of the resolution that if...
- Mayor Suarez: Well that, you can always do that.
Mr. Rasheed: OK.
�■ Mayor Suarez: OK. Is that acceptable to the Commission?... loan committee
makes the final decision to Miami Capital's disbursing agent, no discretion.
Mr. De Yurre: Mr. Mayor.
173 January 14, 1988
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, I would like to have an understanding, finally, of what
the criteria is going to be for these loans, because as yet, I am not sure
what they are.
Mayor Suarez: The motion I was going to either entertain, or make myself,
would say: "As previously established, all the criteria as previously
established." I have not heard anybody propose any modifications yet, and I
am not disposed to, I don't think any of us are, to spend the next five
Commission meetings discussing additional criteria that nobody wants to
propose.
Mr. De Yurre: Mr. Odio, what is the existing criteria then, that we have for
this program?
Mr. Odio: Do you have it there? Give me a copy, a copy of the criteria. Do
have that copy of the criteria?
Mr. Dawkins: I was just told that it is illegal for Miami Capital to have the
money, and it is legal for C.D. to have the money, so C.D. will dispense the
funds, and you will get your money from C.D.
Mr. Odio: Mr. Commissioner, we need to pass this resolution.
Mr. Dawkins: Move it.
Mrs. Kennedy: I'll second.
Mayor Suarez: Moved and seconded. We've got a motion and a second. Any
further discussion? Motion understood. Madam City Attorney.
Mr. Dawkins: Did you read the motion?
Mr. Plummer: You don't have to read a motion.
CITY ATTORNEY READS RESOLUTION INTO THE PUBLIC RECORD. SEE
HEREINBELOW.
Mr. Dawkins: Now what happens to the interest on this money? We are talking
about $500,000. What happened to the interest on it?
Mr. Castaneda: Let me explain, and that was the whole issue. We can only
draw down the money as the money is being given to the particular merchants.
That is what is in violation of the treasury rule. I cannot give anybody half
a million dollars. That is why we can do C.D. floats and stuff like that,
because...
Mr. Dawkins: We have a program called the Model City's Loan Program. Is that
correct, sir? Is that correct, sir?
Mayor Suarez: Just want to know what happens to the interest.
Mr. Castaneda: The interest coming back from the repayments will be going
back into the program.
Mayor Suarez: That's not really what he was saying. He was saying the
Interest on the money must be sitting in some bank accruing interest.
Mr. Castaneda: It cannot sit. That is why it has to be the letter of credit
in Washington until it is drawn down by...
Mayor Suarez: OK, so that money actually doesn't come down from Washington
until it is ready to be lent out to the...
Mr. Dawkins: The $300,000 that was there from the riot money, that's in
Washington to be drawn down?
Mr. Castaneda: All of the money is in Washington.
Mayor Suarez: Even the $300,000 that was initially earmarked for Christian
Community?
174 January 14, 1988
Mr. Castaneda: Yes, we cannot draw down the money until the money is
expended.
Mr. Dawkins: OK, well, let's do something. We have been on this long enough.
Mayor Suarez: We have a motion and a second. The resolution has been read.
Further discussion? If not, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-72
A RESOLUTION RESCINDING SECTION 4 OF RESOLUTION NO.
87-922 ADOPTED ON OCTOBER 22, 1987, WHICH SECTION
AUTHORIZED THE 1987-1988 CONTRACT BETWEEN MIAMI
CAPITAL DEVELOPMENT, INC., AND THE CITY OF MIAMI TO BE
AMENDED FOR THE PURPOSE OF INCREASING ITS CITY OF
MIAMI REVOLVING LOAN FUND BY THREE HUNDRED THOUSAND
DOLLARS ($300,000); FURTHER AUTHORIZING THE DIRECTOR
OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO ACT ON
BEHALF OF THE CITY IN THE EXECUTION OF ALL CONTRACTS
AND/OR CLOSING DOCUMENTS RELATED TO THE SMALL BUSINESS
DEVELOPMENT PILOT PROGRAM IN THE MODEL CITY TARGET
AREA; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND
THE EXISTING CONTRACT AGREEMENT WITH MIAMI CAPITAL
DEVELOPMENT CORPORATION, INC. FOR THE PURPOSE OF
REDUCING ITS TWELFTH (12TH) YEAR ALLOCATION OF FUNDS
FOR THE NEWLY CREATED SMALL BUSINESS DEVELOPMENT PILOT
PROGRAM IN THE MODEL CITY TARGET AREA BY THE AMOUNT OF
$269,827.50.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
67. DIRECT ADMINISTRATION TO MEET WITH REPRESENTATIVES OF ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION AND COME BACK WITH A RECOMMENDATION IN
CONNECTION WITH THEIR REQUEST FOR CONVEYANCE OF CERTAIN LOTS IN OVERTOWN
AREA TO CONSTRUCT AFFORDABLE HOUSING.
Mayor Suarez: Item 85, St. John's Community Development Corporation. Where
are we at on these two sites for the housing program? Jerry, is this a
routine item, or what do we have here?
Mr. Gereaux: Well, one site has been acquired, the other one is under
contract to be closed and one portion of the second site, we are now
negotiating with the owner for the... it is a small piece of property that is
part of block 11.
Mayor Suarez: When are we going to give them site 10, or when are we going to
get to enter into an agreement with them?
Mr. Gereaux: I believe they want to make a presentation first, Mr. Mayor.
i
175 January 14, 1988
R
Mayor Suarez: I am trying to preempt that, if we can.
Mr. Gereaux: OK, we are in the process of putting together a request for
proposals, and the background on this...
Mayor Suarez: Why do we need to go through that if...
Mr. Gereaux: ... was that the Commission took action about a year ago, giving
preference to the neighborhood based community organization in the
neighborhood to be the developer, and that will be reflected in a point system
in the RFP that is put out. We are putting out an RFP to follow procedures.
Mayor Suarez: But, we still have to go through that process? The only reason
we didn't have to in the case of the Allapattah Civic Center sites was because
it was County owned, not property being given to nonprofits?
Mr. Gereaux: That is correct, and we are not giving that property to them.
They are going to be reimbursing us a certain percentage of our land cost.
That was the Commission's policy last year.
Mayor Suarez: We never set that percentage. You can go anywhere from zero to
one hundred, if I remember correctly.
Mr. Gereaux: We will be back before you, as we said, with the sponsors, and
they will be making presentations.
Mayor Suarez: Well, what I am saying is, in this case, we can't use that same
procedure? You are absolutely sure that there is no simple, fast track way of
doing this?
Mr. Gereaux: We are putting together right now, some guidelines for the
Commission's consideration on recent Charter amendment, which allows the City
Commission to establish a method other than the one was used prior to the
Charter amendment for your consideration later.
Mayor Suarez: I thought we always exempted affordable housing programs?
Mr. Gereaux: Well, yes, historically, when we have owned a piece of property,
the Charter has required that we convey the property to the highest bidder,
when we have title to the land, that is the City of Miami, that recent Charter
amendment allows the City Commission to consider other methods of disposition,
where the object is to produce low and moderate income housing, but we have
not put those guidelines together yet, but we will be bringing them to you
soon.
Mr. Plummer: So, in other words, they are premature at this time, coming
making any presentations.
Mr. Gereaux: Well, I am not sure what it is they are... what they want to
say.
Mayor Suarez: OK, I am sorry then, go ahead, I thought we were ready to just
go ahead and convey and start building. Always the optimist!
Ms. Vivian Bryant: I am Vivian Bryant, president of the board of St. John
Community Development Corporation, at 1324 NW 3rd Avenue. I would like to
introduce our executive director, Don Benjamin.
Mayor Suarez: I thought you were going to take over from him. We wouldn't
have to listen to him any more. Not quite?
Ms. Bryant: No, and we have board members and church members here who are in
support of the St. John Community Development Corporation. We propose to
construct 28 townhouse units.
Mayor Suarez: Do you still have 200 members, or some incredibly high figure,
as last time we talked?
Ms. Bryant: We have 500 members.
Mayor Suarez: 500 members?
176 January 14, 1986
Mir— --
Me. Bryant: I have 500 members.
Mayor Suarez: That is a real CBO, that is a real community based
organization.
Ms. Bryant: So, in order to expedite things, our real issue is that in order
to make our project affordable, we need to have zero land cost, because in the
Overtown area, we want to create a housing market. In the past, where another
project has been funded, where the land was turned over to the CDC, and they _
paid market costs, the prices at $55,000, those units have sat for over a year. They are not marketable. The CDC has had to go back to surtax, and Dade
County to get other funding to restructure their loan, in order to make it a
lease purchase program, because it was not marketable as a sales program. At
zero land costs, the units will cost $52,000. At 50 percent of land costs,
the units will cost $57,000. In Overtown, a $57,000 home is almost
unmarketable. I would say it is unmarketable, based on prior experience, from
looking at projects that have been undertaken in the Overtown area.
Mr. Plummer: Well, the problem remains is if we give you the property free of
charge, there is no money left to continue the program, that's the problem as
I see it. These were programs that were designed to give property at a very
low cost, but still funds would come back to the City to sponsor other
programs. Now, if you give it away, as you are requesting for a dollar,
that's the end of it.
Mayor Suarez: Let me answer him, if I may, because there is a problem here,
in the way the City is doing things. That is true, assuming that we can get a
return on our land value, but, and this is just a simple mathematical
calculation, Commissioner Plummer. If, as we usually do, we take as long as
six years to get any of these projects underway, at a 10 percent return
factor, by that time, we have basically wasted the entire value of the
property, because you get up to 100 percent of the value, a ten percent
return, compounded it over six years, and we hAve typically taken as long as
six years to get anything built by way of affordable housing. One exception,
I guess, is the Swire Properties deal, and that was exceptional, because we
got $3.2 million in cash, so I... and we have had this argument, I understand
his point, you know, he wants to try to get as much back so we can build
another project. I want to just get some projects built, and later, we will
find some land... we have quite a bit of land by the way, that we are trying
to consider selling. The City of Miami will generate more income, and if we
at least build these projects, then we can go back to the Federal government.
to the State government. We can go back to the banks, we can go back to all
of kinds of people, and get additional :ponies, with which we can build more
projects, but we have got to start building. In my first two years here, we
built almost 200 and some units and it was coinciding with Commissioner
Kennedy's term of office, and many, many, years of waiting on the part of
Commissioner Plummer and Commissioner Dawkins and I think we have to speed up
the process, even if that means, you know, getting no return initially.
Later, we can try to get more of a return. At this point, we ought to get off
square zero, and start building these projects, so I would opt for a zero
percent return to the City, but I understand his point, and the Commission has
to decide the policy. At this point, however, we are not even in a position,
apparently to give you the land, and I have another idea, Jerry, to avoid this
RFP process, and all of that. Couldn't the City be the developer, in
partnership with St. John's Economic Development, which would do the
management, and etc., etc.? Aren't we doing that with the seven units that we
are building up in...?
Mr. Gereaux: No, but that is a possibility, that the City do a joint venture
with the association, but we would have to work out the details of that. I
haven't really thought that one through yet, it is going to take a few days...
Mr. Plummer: Well, let me ask you this.
Mr. Gereaux: ... and some conversation with St. Johns.
Mr. Plummer: Do these things normally contain a reverter clause in case of
default?
Mr. Gereaux: Well, after the units are built, Commissioner, they will be sold
to individual home buyers. The home buyers will actually have the advantage
of what we were discussing, a zero write-off of the land. There will no
177 January 14, 1988
advantage accruing to St. John's. The reverter clause of course, once the
units are financed with a combination of first position mortgages, and as I
understand 't, this program surtaxed financed second mortgages, if there is a
foreclosure, there will he a reverter all right. The property will be
foreclosed upon from the first position, unless it is possible for the surtax _
program to buy out the first mortgagee, so that is the reverter.
Mr. Plummer: Well, no, what I am saying is, if in fact, the City is going to
do like the Mayor is proposing, and give the land free of charge, why can't
the City hold first position on a default.
Mr. Gereaux: Because the first position on a real estate deal like that,
well, we would, we would, in the event that St. John's is unable for some
reason to get the project off the ground, but we could not hold a first -
mortgage position, you know, on the ultimate sale of the property. In that —
event, we would hold the third mortgage position. —
Ms. Bryant: Let me also say that...
Mr. Gereaux: And we could structure a reverter in that.
Ms. Bryant:... our ability to get surtax financing under this kind of scenario
Is very, very slim, because Dade County Community Development Corporation get
projects with the land not included, and if we are competing with them, and
our units cost more, our applications are not going to get as many points as
theirs, and we may not get surtax financing. A $57,000 house financed
conventionally in Overtown will not be funded by any conventional lender. We
need the government funding, and we need the ability to compete with other
CDC's, who don't have the land cost included in their projects, and I can
understand how you would want the return to the City, of the funds. We are
talking about 28 units, and we could include a clause that says, if a unit
should turn hand may be, we could put a silent City lien, at a third position,
and if the property changes hands, then your money is repaid if it is not to
very low income people.
Mr. Plummer: Here again, my concern is to see the programs continue. You
can't spend all of the money you have, and then have things continue into the
future. It just doesn't happen that way.
Ms. Bryant: Well, if you will look at the scenario that we... the yellow
page... that we have turned out, we have three scenarios of what would happen
under this program. It is very hard for me to imagine this project without
surtax funds. As you can see, surtax would pay $30,000 of the purchase price.
We are dealing with very low income people, and I can understand your concern.
Mayor Suarez: Yes, most projects will be made viable if they have surtax
second mortgages.
Ms. Bryant: That is the only way it will be viable. That is the only way.
You can't sell a $57,000 house to low and moderate income person.
Mayor Suarez: How does it look? Let me just ask Jerry, how does it look for
this project on surtax? I would think they would consider this one one of the
highest priority ones.
Mr. Gereaux: I have been trying to get a good feel for the surtax program for
three years and it seems the rags change on a weekly basis. They changed just
this week again.
Mayor Suarez: The what changes?
Mr. Gereaux: The "regs"... the regulations, and I understand there is...
Mayor Suarez: I thought they weren't even meeting. They are emitting
regulations all the time?
Mr. Gereaux: No...
Mayor Suarez: Or the staff does, or what?
Mr. Gereaux: No, they are meeting, and it seems that at every meeting, there
is a slight difference of opinion as to how the program is to proceed. As far
178 January lk, 1988
as their chances, I think that the surtax board has taken a position that it
will give priority to inner-city housing developments, and I might, I'd want
to go on further and say that the most recent regulations suggest that a
considerably amount of the surtax money that's going to be available in this
fiscal year, will be reserved for projects that are presented by nonprofits,
but the jury is still out on that.
Ms. Bryant: Let me just bring you up to date on the sL_ax, and let me say
also that I coordinate housing programs and I'm familiar with the surtax
program. At the last surtax meeting, it was decided that CDC's woo16 receive
60 percent of the allocation, and surtax is going to do a request for
proposals for CDC's to compete with each other. The CDC's have $4,000,000
among themselves to split up. Some of the projects that already are in the
"kitty" amount to 2.3...
Mayor Suarez: We've got two...
Ms. Bryant: Right.
Mayor Suarez:... that amount to how much, Jerry?... our two, Civic Center, and
Allapattah?
Mr. Gereaux: Well, the two we are proposing amount to about $6,500,000, both
nonprofit.
Mayor Suarez: Right, we've got two that exceed that total amount?
Ms. Bryant: Right, and then, this is my point, that we are not even
competitive, if we can't compete with other CDC's that bring their units at a
lower price, and that's the problem, I wish the Commission would consider...
Mayor Suarez: Well, but, they may give you the highest priority of all, by
_ the virtue of the location and the need to develop that area, and I would hope
they would.
Ms. Bryant: That is a criteria, but cost of square footage in terms of
construction cost is also one of the criteria that they are using. Would you
entertain the idea, of the silent lien being as in third position? That would
return the monies to the City at the end of 10 years. The other thing about
surtax is, at the end of five years, the payments go up, and at the end of 10
years the loan is fully amortized, so the position that we are put in, is that
we are without this kind of...
Mayor Suarez: Well, what do you want us to do now? We obviously will help
you to try to be at the highest priority of all with the surtax board, but
that is not up to us, it is up to the surtax board. Today, what would you
like this Commission to do?
Ms. Bryant: We would like you, if you are not going to give us the zero land
cost, to give us the silent lien at the end of the.. in third position. What
= this lien would do, is your land cost would not be included in the price of
the house. It would be a lien on the property, to be returned at some time in
the future.
Mr. Plummer: Let me ask this...
Mr. Dawkins: How many rooms to these units?
Ms. Bryant: These are three bedrooms, one -and -one-half baths.
Mr. Dawkins: Three bedrooms, one -and -one-half baths, OK? Now, three
bedrooms, one and one-half baths, you are going to let somebody have this for
$347.00 a month?
Ms. Bryant: That is assuming that they can get a surtax loan. That's only
what they pay on the first mortgage. They don't pay on the second mortgage.
Mr. Dawkins: My only concern is, I am interested in this project. We need
it, but I do not want St. John's town - St. John's development to go out of
business, so if you take all of the money that we give you now, and you do
not get anything in return, you don't have anything to build any more houses
with, so I want you to stop and think now, what we are doing, OK? You see
179 January 14, 1988
what I am saying? See, and this is all Plummer is saying. Now, I am not
Interested in whether it comes back to the City, or goes back to the CDC, but
what I am saying is, let's don't do this project, OK?... and have a beautiful
project and we are out of business.
Ms. Bryant: The project can work. I don't... we have done the performa...
we, and surtax is not...
Mr. Dawkins: Hold it. Now, if anybody in Miami, Dade County knows that it
will work, it is you. You know how many houses we need, you have been in this
since 171, OK?... with Model Cities. So I know you know what you are talking
about, so I am not questioning that. All I am saying to you is, let's don't
throw the baby out with the bath water. If you give you the land, you sell
the houses for three forty seven, you've got nothing, OK? So now, what I am
saying is, if you got $200 a month, or $300, and you can $150 a month to each
house, to come back to the CD a month, I'm with you.
Ms. Bryant: Well, traditionally, funds don't come back to the seller, or to
the CDC, upon the sale of project. If it was a rental project, we could
expect some return, we could expect some management fees.
Mayor Suarez: That is what I was going to ask you.
Ms. Bryant: But, this is a sales project.
Mr. Dawkins: Well, build it into the sale, I don't care how you do it.
Mayor Suarez: Let me ask you that. If it is a sales project and you have
what you call a silent lien, and I call it a mortgage without amortization,
the moment that you sell the property, doesn't the City get back then its...
Ms. Bryant: Right, that is the way, we would... for the City would get the
money back.
Mayor Suarez: And if that is what you are envisioning for these two lots, we
would be paid as soon as the properties are sold.
Ms. Bryant: Right, it would make this project marketable. As it stands now,
there is question as to whether it will work at all.
Mayor Suarez: And if the properties are not sold, our lien would be so
silent, that we would never get anything back except...
Ms. Bryant: You would have a tax base, you would have homeowners in the
Overtown area, who would be paying taxes. You would have created a market in
the Overtown area.
Mayor Suarez: Are you saying that if that property is sold to individual
owners, as townhouses, right?
Ms. Bryant: Right.
Mayor Suarez: That we would, or would not be paid the moment the individual
homeowner actually closes on his unit and goes to live there, assuming you get
a second mortgage from the surtax board, etc.
Ms. Bryant: No, you would not. You would paid at some time in the future.
Mayor Suarez: OK, so it sounding like for ten years, or some period of time,
I see what you are saying.
Ms. Bryant: But, it would make the project marketable.
Mayor Suarez: Oh, I understand that.
Ms. Bryant: And this is something we might be able to work out with staff and
come to some recommendation with you.
Mayor Suarez: Yes, we still have to decide. We haven't even decided as to
the other two projects that we have already awarded to nonprofit entities that
are already before the surtax board. We hoping that they will be given some
monies and they will become v:.%ble at some point. The land is already owned by
ISO January 14, 1988
the City in that case, or it is here, too. What are we going to do to snake
this a little bit fast track this process, Jerry?
Mrs. Kennedy: Mr. Mayor, I was just asking Jerry if he had time to study this
and was prepared to make a recommendation. His answer was that he needed
another 30 days.
Mayor Suarez: See, exactly! What we are trying to do here, is if we just
throw it back to Jerry with no particular instructions, all he will say is:
"Well now, we complete the RFP, we put it out for bids, and we go through, or
see if we can avoid to having a Charter mandated referendum to approve the
sale of this land to this entity, at whatever price we give it, presumably at
very inexpensive, almost free, or whatever the Commission would decide,
because we happen to have this Charter amendment now. We would like to avoid
that." We would also like to avoid, if at all possible, any kind of bidding.
I would like to just award this land to St. John's Economic Development.
Mr. Gereaux: If you did refer it back to me, I would immediately begin
working with St. John's and the executive director here, and we could back in
30 days with a proposal I think that would make sense, and meet the needs.
Mayor Suarez: Either way, you will be back in thirty days. If you can't fast
track it, then we go with the other idea...
Mr. Gereaux: That is correct.
Mayor Suarez:... but let's have it ready and let's approve it.
Mr. Gereaux: Yes, sir.
Mrs. Kennedy: That would be the best thing. If you need a motion, I so move
that.
Mayor Suarez: So moved.
Mr. Plummer: Seconded.
Mayor Suarez: Seconded, and we have yet to decide exactly how much we are
going to get back, if any. You have got one vote that says, zero, because I
just want to get these projects built. Some day we will find some other land
and some other money. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-73
A MOTION DIRECTING THE ADMINISTRATION TO MEET WITH THE
REPRESENTATIVES OF ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION IN CONNECTION WITH THEIR REQUEST FOR
CONVEYANCE OF LOTS 10 AND 11 IN THE OVERTOWN AREA FOR
CONSTRUCTION OF AFFORDABLE HOUSING UNITS; FURTHER
REQUESTING THE CITY MANAGER TO COME BACK IN 30 DAYS
WITH A RECOMMENDATION FOR CONSIDERATION BY THE CITY
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
181 January 14, 1908
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68. DISCUSSION WITH GREATER MIAMI CHAMBER OF COMMERCE REGARDING CREATION OF
A TASK FORCE FOR SELECTION/APPROVAL OF A MASTER DEVELOPMENT PLAN FOR
WATSON ISLAND.
Mayor Suarez: Item 86.
Mrs. Kennedy: On item 86, Mr. Mayor, let me just say that Watson Island is
one of our most valuable pieces of property left in the City, and whatever we
do there, has to be well thought out. I think that it should be revenue
producing to this City. It should be accessible to the public and has to be
compatible with the rest of the properties there and have a vision for the
future, so what I would like to do right now, is ask the Administration to
come out at the next Commission meeting with some kind of a proposal for a
master plan. Sergio, are you listening?
Mr. Odio: You mean, a master plan for the next Commission meeting?
Mrs. Kennedy: Not a master... no.
Mayor Suarez: He could put one together between now and the next Commission
session.
Mrs. Kennedy: No, no, I know you need more days than that, so with some kind
of a recommendation to have a master plan approved by us later on.
Mr. Rodriguez: You would like us to prepare like a proposal, of a work
program that you might want to approve with a list of a task force that you...
sure.
Mrs. Kennedy: With an idea of the costs involved, an idea of you know,
basically, what can we do with the property? Instead of having developers
coming in every now and then with a wonderful idea, you know, let's have
something that is really well thought out and compatible with the rest.
Mr. Rodriguez: For the next meeting then, I will prepare like a work program
with an estimate of time which will take us to do this, and how much money
would be involved, if there is any consultant from the outside, and also the
requests from the two groups that you have in your...
Mayor Suarez: You did the Virginia Key in-house, didn't you?
Mr. Rodriguez: Yes.
Mayor Suarez: Then you can do this one in-house, can't you?
Mr. Rodriguez: This is much more complicated, in my opinion. The concerns
that I have in this case, is that we...
Mayor Suarez: Why is Agnes back there, sitting up in her seat, and famous
architects and all that? Are you here on this item too? We are going to
exclude, obviously, and make sure that we maintain the current use on anything
like Japanese Gardens. I mean, I can't imagine that the Commission would ever
go back on that particular commitment. You are going to include that? - of
course.
Mr. Rodriguez: If I may, let me come back on the next Commission meeting with
a proposal of the work program. I believe the request from the different
groups, from the Chamber of Commerce, and from the Marine Counsel, was also
that you set up a task force and let me come back also for a resolution that
would include the creation for a task force, so you can appoint members to
that task force.
Mayor Suarez: Did you want... we haven't even let you say anything. Go
ahead.
Mr. Cyrus Hornsby: I am glad I could be so persuasive.
182 January 14, 1988
4V
Mayor Suarez: Go ahead, do you want to just say anything on behalf of the
Chamber, Cy?
Mr. Hornsby: Well, yes, one thing. My name is Cy Hornsby, I live at 1581
Brickell Avenue. I am here on behalf of the Chamber of Comerce, and the one
thing I would like to say is, in light of this morning's article in the Miami
Herald, I regret any inference that the Great Miami Chamber of Commerce is a
front for any plan or any part of any plan. The resolution that was passed by
the Chamber was voted favorably by several people who felt that no development
should take place, but the point is, is that we would like to have the
creative juices of the Planning Department address the issue, and we are...
this is not a front for any program. Thank you.
Mr. Plummer: Well, let me ask you this, when you make that comment. Did the
Chamber take into consideration, number one, the cost factor the development
plan?
Mr. Hornsby: No.
Mr. Plummer: They are not.
Mr. Hornsby: We did not take into consideration a specific cost factor on any
specific development plan. Are you talking about having the cost of having
the Planning Department address the issue?
Mr. Plummer: Well, whoever does the plan, whether it is done in house, or out
of house.
Mayor Suarez: Just for doing the plan, not...
Mr. Hornsby: No.
Mr. Plummer: Is the Chamber willing to come up with any :Honey?
Mr. Hornsby: That was not addressed.
Mr. Plummer: Well, it is very important, I mean, you are probably talking
about a study that is going to cost $350,000. What portion of that is the
Chamber willing to come up with?
- Mr. Hornsby: I think it is a very important point, Commissioner, but the
objective of the chamber, we have been quite impressed with the downtown
waterfront master plan, and our objective would be to have this very key piece
of property addressed in that master plan.
Mr. Plummer: But, you also, and the reason I am asking...
Mayor Suarez: For free.
Mr. Plummer: Well, yes, there is a lot of talk. You said that there was
feeling there that no development should occur.
Mr. Hornsby: Yes, there was people who voted in favor of this resolution,
that felt that no development should take place. My point in that is to
reassure that the Commission, that the Chamber's position is not intended to
fund any part of any program that has been presented thus far, or that is to
be presented.
Mr. Plummer: Well, I guess what I am losing, the fact is if it were to be the
opinion of no development, then why do a master plan?
Mayor Suarez: We gather the prevailing opinion is that something should
happen on the island.
Mr. Hornsby: The prevailing opinion is that something will probably happen on
Watson Island. We would simply like to have that master plan, as opposed to
reacting to whatever ideas the latest proposal is that is presented to the
Commission, so that we have the opportunity to address it in the same way that
the Planning Department addressed the use of the FEC property, Bicentennial
Park, and all the other waterfront properties that are considered in the
waterfront master plan.
183 January 14, 1988
Mrs. Kennedy: with the FEC property and Bayfront Park, and
Bicentennial.
Mr. Hornsby: Yes, exactly.
Mayor Suarez: You like that particular design, whether it is feasible or not,
we don't know, but you liked it. We liked it too. i mean, I liked it.
Mr. Hornsby: Yes, well, we liked the waterfront master plan, yes, definitely.
Mayor Suarez: You can do it in-house, in 30 days.
Mr. Rodriguez: No, let me come back on February 11th, which is your next
meeting, with a proposal, in which I will address all the issues and details
so you know what you are getting into, and then based on that, make your
decision... if I may.
Mayor Suarez: Let me say something, and let me preface this by the same
thing that Cy said about his own resolution, and I have no predisposed plan in
mind whatsoever, but if there was a plan, as recently as four or five months
ago, and if that plan had components, that I think this entire community, 99.9
percent of this entire community agreed with, and if those components were
already built into more than a master plan, and specific architectural, at
least conceptual designs, you know, like the marina expansion, the driveway
around the island, which, to some of us, could be described as , and
etc., etc., the landscapings, some kind of an attraction in the middle of the
island, that could be a performing arts facility, a marine exposition center,
whatever, I would hope that the master plan would not be that difficult, when
you have that kind of a specific plan, with all kinds of very worthwhile,
valuable, acceptable, desirable, components, and you would not go into your
planning cubby hole with your assistant and spend the next two years, or ask
us to approve a $350,000 consulting agreement, right?
Mr. Rodriguez: Which one do you want me to address first? Now, I think that
rather than discussing this in all the detail, why don't you let me go through
a proposal of work program and then, if you don't agree with it, tell me at
that point, otherwise, it will be a policy direction on whether you want to
follow up that. There are limitations on how to develop that site, that
traffic considerations, which are very important.
Mayor Suarez: Exactly, all of which we are taking into consideration and at
least one plan that we have seen recently.
Mr. Rodriguez: In the Watson Island plan.
Mayor Suarez: Right. And by the way, and I forgot to mention, you've got
existing uses, that I don't think anybody wants to go back on, like Japanese
Gardens. We've got the Brown House project that we need some additional funds
for, but at least everybody wants it to be there, be alive and thriving and so
on. You've got two yachting clubs, for lack of a better word, and again, I
think we always exempted those from the prior plan, so you have got a variety
of good, solid, uses on the island, that we would want to keep... Chalks,
somebody told me today, that is the oldest airline in this country... existing
continuous airline, or something, providing service? And that is not to even
mention the helicopter service, because I am afraid to say anything about
that. I don't know if they are still solvent or not. In any event, don't
complicate... don't make this thing to expensive, Sergio.
Mr. Rodriguez: We are not trying to complicate it, no. We are trying to make
sure...
Mrs. Kennedy: Come back with a proposal, Sergio.
Mr. Rodriguez:... though, that we do this first class, so, see this is going
to have to go eventually, I believe, for voter approval, let's go through a
consensus building type of approach, that will have solid information.
Mayor Suarez: It may not have to, if the City were to do all the improvements
itself, like the expansion of the marina, if the City were to join with the
County in building some kind of a public attraction.
Mr. Rodriguez: But, I think for example those are
184 January 14, 1988
Mayor Suarez: If there were no commercial...
Mr. Rodriguez: ... precisely, those considerations, you have to take into
account whether we have the market for certain type of uses, and who is going
to be paying for it, because obviously, we cannot pay for all of that.
Mrs. Kennedy: Right.
Mayor Suarez: We, is the past, have been able to expand marinas very
successfully, as Me are doing out here, and you know, by ourselves, without
having to bring in private developers and...
Mr. Plummer: Well, we also have...
Mayor Suarez: ... Japanese cars, we've got this great grant that Agnes and
company got for us.
_ Mr. Plummer: We also have to remember that that is not a simple thing as far
as anything to do with Watson Island, because the State Cabinet still holds
approval. It would have to go back through a DRI, all of that, taken into
consideration, even expediting it, you are talking about two years.
Mayor Suarez: Well, it depends, because it depends on the use. If you are
talking about expanding an existing use, or improving an existing use, or just
simply landscaping, I don't think that... I don't know what the DRI
requirements would be on landscaping. I want to put some kind of a driveway
around, or walkway around.
Mr. Plummer: No, the DRI is out.
_ Mr. Rodriguez: The development order expired, but if you want our creative
juices to be let loose, you have to leave it for some time.
Mayor Suarez: Creative juices... whose phrase was that? Wait a minute, that
is the Chamber! We don't care what the Chamber's terminology is on all of
this.
Mr. Rodriguez: I liked thatl I thought it was good.
Mayor Suarez: They're not paying for it.
Mr. Rodriguez: Well maybe they will after this.
Mayor Suarez: Thank you, thank the Chamber for helping us with this, and we
will probably create a citizen's task force, I guess, at some point.
69. A) DISCUSS GRANTING OF INTERIM AUTHORITY TO BAYFRONT PARK MANAGEMENT
TRUST FOR NEGOTIATION OF CONTRACTS FOR USE OF BAYFRONT PARK AND THE
AMPHITHEATER. B) APPOINTMENT CHAIRPERSON OF BAYFRONT PARK MANAGEMENT
TRUST - APPOINT ADDITIONAL MEMBERS OF THE TRUST (APPOINTED WERE: ALAN
GREER, AS CHAIRPERSON; LORI WELDON, AS VICE CHAIRPERSON; AND ALAN
WEISBERG, AS TREASURER AND SECRETARY - SEE RESOLUTION 88-74 FOR FURTHER
APPOINTMENTS.)
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Mrs. Kennedy: Mr. Mayor, talking about Bayfront property, we have item 62 and
63 scheduled for 2:00 o'clock. We are waiting for Alan Greer, he came.
Mayor Suarez: You are right, that was supposed to be a 4:00 o'clock item you
had requested, Vice Mayor Kennedy.
Mrs. Kennedy: Right. You know, the Trust has to have a budget and a master
plan by April. We have to chose the executive director. We have to talk
about the opening of the park. There are a lot of issues at stake, and we
need...
Mayor Suarez: OK, and what do you need to accomplish all of that?
185 January 14, 1988
Mrs. Kennedy: ... the give the Trust the authority to negotiate the contract
as well as to chose the rest of the members, so Alan.
Mr. Plummer: Excuse me, I'm still getting back, Rosario. You are having an
opening on the weekend of the 14th, is what...
Mr. Alan Greer: No.
Mrs. Kennedy: No, we changed it to the 8th.
Mr. Plummer: Thank God.
Mrs. Kennedy: We took a recommendation with the Coconut Grove Art
Festival...
Mr. Plummer: Thank God.
Mrs. Kennedy: ... and we decided to do it conjunctively with the first
anniversary of Bayside...
Mr. Plummer: OK.
Mrs. Kennedy: ... which is April 8th.
Mr. Plummer: OK, that's one nice thing. My concern is still going to be, in
the area of a budget. Now, you can establish all the trusts in the world, but
If you don't have a budget and know what dollars that you are working with, I
think you are working in the dark.
Mayor Suarez: What he is asking is for us to formalize the appointment of the
board. We apparently messed that up in some way or the other the last time
around, to select a chairman, and to approve an interim what... not really a
budget, just sort of an initial...
Mr. Greer: It is an interim authority for the Trust to negotiate the
contracts with people who want to use the amphitheater, so we can...
Mayor Suarez: In the next few months.
Mr. Greer: ... the next few months.
Mr. Plummer: But, you don't even have an executive director yet. Who is
going to do it?
Mayor Suarez: That's why we need to give them the authority to have a board
and to have a chairman and to have an executive director and to have some
budget for the executive director.
Mrs. Kennedy: We have to start interviewing three companies.
Mr. Plummer: The what?
Mrs. Kennedy: The Trust has to start interviewing three companies who will
manage the park.
Mr. Dawkins: There you all go, spending money on that Bayfront Park again,
and they haven't spent any money on the City parks.
Mr. Plummer: Well, my concern, I guess my concerns at this point, are
twofold: number one, what is going to be available to this City Commission in
reference to free use of that facility?
Mayor Suarez: You are kidding with that question, aren't you?
Mr. Plummer: Excuse me?
Mayor Suarez: You are kidding with that question?
Mr. Plummer: No, no.
Mayor Suarez: We built in 164 days for community use...
186 January 14, 1988 %
0 .0
Mr. Greer: 180.
Mr. Plummer: Is that definitely built in?
Mr. Greer: That's already there.
Mayor Suarez: ... of which... how much...
Mr. Plummer: Absolutely free.
Mr. Greer: Absolutely.
Mr. Plummer: OK, so in other words, if this Commission joint sponsors the
Latin Fiesta by the Bay, then that would qualify as to no cost to that
festival?
Mr. Greer: That's correct.
Mayor Suarez: And there is something like 30 days that we get to specify an
absolutely preference on it, or something like that?
Mr. Plummer: 30 days notice in advance.
Mayor Suarez: No, 30 total days for the Commission, I think reserved, I
forget what it was.
Mr. Greer: There are 183 days for the community. Out of that 180 days, this
Commission can take any 30 them, and say, as to these 30 days, we want
whatever.
Mayor Suarez: OK, how come, Mr. Manager, since I am going to put the burden
on you on this one, because Commissioner Plummer is right. We want to make
sure that those 30 days already, a list of those have been prepared, which
includes Fiesta by the Bay, etc., etc. How come we don't have a list like
that already? We want to be in at the top of the... well, let's get together
a list of those, at least of the 10 or 15 days, or whatever number that...
Mr. Plummer: 30 day on 30 days. You have got to give 30 days notice for the
30 days.
Mayor Suarez: Yes, 30, but I mean, let's get those that we already know for
sure, we want specific days reserved. Are there any others, Commissioner,
that come to mind?
Mr. Plummer: Yes, Hispanic Heritage.
Mayor Suarez: Yes, but that is two... just two days?
Mr. Plummer: Hispanic Heritage, we are trying to get that... no, no, no,
Hispanic Heritage could be up to four days, and the reason for that is, that I
have been trying for years, to get Hispanic Heritage back in the City of Miami
downtown, and out of Tropical Park, and I think that is one of the things
that we are trying to accomplish here.
= Mr. Greer: Commissioner Plummer, I think to answer your initial question,
what we are trying to do now, is formalize the Trust, so that it can, as an
_ official body, sit down and put together the budget, obtain the management, in
terms of executive director, so that there is a body that can act. Right
now, there is no one...
Mayor Suarez: Alan, before we get to the actual budgeting, and the interim
budget and all of that, how about if we just get the board composed, and the
chairman and all that. What did we do wrong last time, in the appointment of
the board?
Mr. Greer: It just never got voted on. We talked about it.
Mayor Suarez: We never actually voted on the board.
Mr. Greer: You never voted on the members or their terms.
Mr. Plummer: We voted on one, I believe.
187 January 14, 1988
Mrs. Kennedy: Yes, Mundy.
Mayor Suarez: I think we voted on... in effect, voted on Mundy Martinez, and
that was it.
Mrs. Kennedy: We voted on Mundy.
Mr. Greer: You made... yes.
Mayor Suarez: OK, as to the rest of the board, can we entertain a motion at
this point, to get the board appointed? - as previously done.
Mr. Plummer: Well, as I recall, they proffered 15 names.
Mayor Suarez: Right.
Mrs. Kennedy: Right.
Mayor Suarez: And we each were supposed to have an additional name, and two
of us are...
Mr. Dawkins: They proffered 14 names. It did not have 15 names.
Mayor Suarez: Yes, it had 15.
Mr. Dawkins: No, they didn't.
Mayor Suarez: They made a s,.abstitution of one.
Mr. Dawkins: But, they made it. OK, go ahead.
Mayor Suarez: OK, does anybody have their pending appointments that didn't
have them last time, so we can go ahead and take them up on the vote?
Mr. Plummer: I have mine. I nominate Eloy Vasquez.
Mayor Suarez: Eloy? Commissioner Dawkins, do you have your...?
Mr. Dawkins: I don't know nobody who wants to participate in this.
Mayor Suarez: OK.
Mrs. Kennedy: Can we get your appointment?
Mayor Suarez: No, he says he doesn't know anybody who wants to participate.
Mrs. Kennedy: Just kidding.
Mayor Suarez: OK, as to the _ that have been nominated, I entertain a
motion, officially appointing them to the board.
Mr. Plummer: So moved.
Mrs. Kennedy: Oh, yes.
Mayor Suarez: Thank you.
Mrs. Kennedy: Wait a second. I nominate...
Mayor Suarez: We know who your appointment is, don't we? You had it from the
last time. Commissioners Plummer and Dawkins didn't have it from last time.
He now has his.
Mrs. Kennedy: OK, all right, and then, I have to ask you to, I guess...
Mr. Dawkins: I thought you had two appointments.
Mrs. Kennedy: I guess I have to ask you to nominate me, right, as the liaison
on the board?
188 January 14, 1988
Mr. Greer: Well, the ordinance provides for one Commissioner to serve ex-
officio, and I would assume the Commission would nominate Commissioner
Kennedy, given her...
Mrs. Kennedy: Don't assume anything in herel
Mr. Greer: I would hope... I would hope the Commission...
Mr. Plummer: I nominate Miller Dawkins. (LAUGHTER)
Mrs. Kennedy: Alan, would you serve on this Trust?
Mr. Plummer: Miller, do you accept?
_ Mr. Dawkins: With pleasure! (LAUGHTER) Nov, get around that onel I second
the motion.
Mayor Suarez: Moved and seconded, including Vice Mayor Kennedy as the ex-
officio member. I don't know why. I'd remember that. I mean, does that
makes sense? You still want to keep serving on this thing?
Mrs. Kennedy: Yes.
Mayor Suarez: OK, I have no problem. I guess that makes the number 22
instead of 21. I don't know.
Mr. Plummer: No, ex-officio.
Mr. Greer: Ex-officio.
Mrs. Kennedy: Ex-officio.
Mayor Suarez: What does that mean to you, Counselor?
Mr. Greer: Ex-officio means she does not vote.
Mayor Suarez: That she doesn't vote?
Mr. Dawkins: She can't have no vote, no voice.
Mayor Suarez: That's not what ex-officio means, but if you want to believe
that, that is fine. Go ahead, take a vote on it, please, before we go on this
any longer.
Mr. De Yurre: Well, what are we voting on?
Mayor Suarez: We are appointing the 15 recommended, plus one each from the
Commissioners that have submitted their names, with the exception of
Commissioner Dawkins, and an ex-officio member, which is Vice Mayor Kennedy,
without voting power.
Me. Miriam Maer: And terms as set out in the motion..
� Mrs. Kennedy: We also have to review the terms as set out in the ordinance.
Mayor Suarez: And the terms as set out in the package. I don't know how
those are selected, presumably by lot, or something?
Mr. Greer: Partly by preference of individuals, and then by lot, as those who
had no preference.
Mayor Suarez: Any further discussion? Call the roll. Please call the roll.
THEREUPON THE CITY CLERK BEGAN ROLL CALL, WHICH WAS NOT COMPLETED
AT THIS TIME. SEE HEREINBELOW.
Mr. Dawkins: Did anybody put Lori on this board?... this, whatever this is we
got here?
Mrs. Kennedy: What's that?
Mayor Suarez: Lori Weldon?
189 January 14, 1988
Mr. Dawkins: Yes. Are you on this? Well, you got my parks at heart. I
nominate her.
Mayor Suarez: Lori Weldon is nominated by Commissioner Kennedy. That rounds
out the board. That's part of the motion.
Mr. Dawkins: Commissioner Kennedy? How do I look like Commissioner Kennedy?
Mayor Suarez: You wish you did!
Mr. Dawkins: I really dol
Mayor Suarez: By Commissioner Dawkins.
Ms. Lori Weldon: Can I just ask a question? Are you trying to stay on this
board, and they spend money in Bayfront, I get to come back and tell you so
— money can be spent on...
Mayor Suarez: Sure.
Mr. Dawkins: No, no, you get to stop them from spending. Hell, I don't want
you to come back and tell me nothing.
Ms. Weldon: All rightl -
Mr. Dawkins: I don't need you to come back and tell me nothing!
Mayor Suarez: Call the roll.
Mr. Dawkins: Let me say one thing here. I don't put nobody on no boards to
come back and check with me. If you don't have the intelligence to make the —_
decision on your own, tell me you don't want to be appointed.
Ms. Weldon: No, not decision making, information) Not decision making, no,
no. No, no, OK.
Mayor Suarez: You guys have a private "pow wow" and figure out how she is
going to serve on your board. Call the roll.
Mr. De Yurre: Mr. Mayor, I don't see the breakdown of the three, the two and
the one year members.
Mayor Suarez: I thought that was included in our package.
Mr. De Yurre: Do you have it with the names in there?
Mr. Greer: Commissioner De Yurre, I delivered a list to your office on
Tuesday morning with the breakdown.
Mr. De Yurre: All that we have, all that this shows is, that Henry Courtney,
Rodney Barreto, Cynthia Pelaez, and... =-
Mr. Plummer: There is a total of 21, right?
Mr. De Yurre: OK.
Mrs. Kennedy: Continue the roll call, please.
Mayor Suarez: Thank you.
Ms. Hirai: Beginning roll call.
190 January 14, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-74
A RESOLUTION APPOINTING THE CHAIRPERSON OF THE _
BAYFRONT PARK MANAGEMENT TRUST AND APPOINTING TWENTY
INDIVIDUALS TO SERVE AS ADDITIONAL MEMBERS OF THE —
TRUST; ESTABLISHING TERMS OF OFFICE FOR EACH MEMBER,
APPOINTING A VICE -CHAIRPERSON, TREASURER AND SECRETARY
OF THE TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
- Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Nov, the chairmanship, why don't we take a motion on that, and
get that over with?
Mrs. Kennedy: I nominate Alan Greer as chairperson.
Mayor Suarez: So moved.
Mr. Dawkins: I nominate Lori Weldon. See, you all are going to rush and run
this thing through anyway, huh?
Mayor Suarez: So moved on Lori Weldon. Do we have a second for either
nomination?
Mr. Plummer: I'll second on Alan Greer.
Mayor Suarez: Moved and seconded on Alan Greer. Do we have any other
nominations? Do we have a second on Lori? You don't know what you are getting
into when you show up at City Hall here, Lori? Call the roll on the
nomination of Alan Greer.
Mr. Plummer: Question, how long is that appointment for?
Mayor Suarez: Good point.
Mr. Greer: One year.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-75
A MOTION APPOINTING ALAN GREER AS CHAIRMAN OF THE
BAYFRONT PARK TRUST. (NOTE: See R-88-74)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
191 January 14, 1988
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Mayor Suarez: I'm sure that by the end of one year, Lori will have taken it
over anyhow, so...
Mr. Dawkins: That ain't worth a damn. Let her have it the first year, why do
you have got to wait for her to take it over the second year? See, you all
are always trying to pacify something.
Mr. Plummer: It might not be here the second year.
Mr. Dawkins: Well, that's all the more reason why she should be there first,
because it is going to go out of business.
Mrs. Kennedy: Miriam, do we need to elect the officers, and directors now?
Ms. Miriam Maer: Yes, you need a separate motion for officers and directors.
Mr. Plummer: Why, are we... we wanted to name all of those?
Mayor Suarez: Why do we have to name the officers and directors? Did we
build that into the other mammoth....
Mrs. Kennedy: That's in the ordinance.
Mr. Plummer: I guess we did.
Mr. Greer: You built it into the ordinance.
Mayor Suarez: It wasn't too smart! What do you suggest? Who are the
nominees?
Mr. Greer: The Trust has recommended as vice -chair, Alan Weisberg; as
secretary, Ghislain Gouraige; and as treasurer...
Mr. Dawkins: Not a Black yet. See? Do you see? No, no, you all give me a
Black in there, and a Latin. Come on, you all come on, do better than this.
Mayor Suarez: Why don't you bring back the officers? You don't need that.
Mrs. Kennedy: Wait, wait, there is a Black, and there is a Latin. He hasn't
finished. Let the man finish.
Mr. Dawkins: He too damn far down there with I want one on top here.
I don't need him at the bottom! You didn't give me the top, now you want
to... you tell me I've got to come further down? Come onl
Mr. Plummer: I'll nominate Eloy Vasquez as treasurer.
Mr. Dawkins: Who?
Mr. Plummer: Eloy Vasquez.
Mr. Dawkins: That's a Latin.
Mayor Suarez: How about Lori Weldon as vice-chairman? What is is, vice-
chairman?
Mr. Greer: Vice chairperson.
Mayor Suarez: Chairperson?
Mrs. Kennedy: Chairperson?
Mayor Suarez: They are really going to have to work.
192
January 14, 1988
Mr. Plummer: That leaves only the secretary open. Who wants it?
Mr. Greer: We had...
Mrs. Kennedy: Would you like to nominate Alan Weisberg as secretary?
Mr. Greer: Right, that would be fine.
Mayor Suarez: OK, accept those nominations into the form of a motion.
Mr. Plummer: Second the motion.
Mayor Suarez: Call the roll.
THEREUPON, ON MOTION duly made by Vice Mayor Kennedy and seconded
by Commissioner Plummer, the City Commission unanimously approved
the nominations of Lori Weldon as vice chairperson, Eloy Vasques
as treasurer and Alan Weisberg as secretary to the Bayfront Park
Trust.
(NOTE: The parameters of the herein motion are contained in
Resolution 88-74 shown hereinabove.)
------------------------------------------------------------------------------
70. A) GRANT INTERIM AUTHORITY TO BAYFRONT PARK MANAGEMENT TRUST TO
NEGOTIATE CONTRACTS FOR USE OF BAYFRONT PARK AND THE AMPHITHEATER -
AUTHORIZE EXECUTION OF CONTRACTS. (B NEGOTIATE OPTION OF ONE FREE DAY
FOR USE OF BAYFRONT PARK AMPHITHEATER FOR 1988 GRAND PRIX FESTIVITIES.
------------------------------------------------------------------------------
Mayor Suarez: Now, to the sticking point. What about this interim
budget motion?
Mr. Dawkins: Nothing until I have seen something in writing.
Mayor Suarez: They need an interim budget just to be able to prepare a
permanent budget, is that what you are telling us?
Mr. Plummer: How much?
Mr. Alan Greer: It is an interim authority to operate.
Mr. Plummer: How much?
Mayor Suarez: Interim authority to operate. You have that. Don't they have
that?
Mr. Greer: No, as the ordinance is drafted, we cannot operate until we
present a full budget and an annual plan. We can't do that until we get into
the City's budget cycle.
Mayor Suarez: You couldn't do that on a pro bono basis? Somebody couldn't
put together one of those for us?
Mr. Greer: We can but the park has to be operated between now and then, and
all this does is give us the authority to do the negotiations for anyone who
wants to use the amphitheater. We then bring it to the City Manager for his
approval. This just...
Mayor Suarez: Basically for booking. I mean the park is not going to be
operated between now and then because the park is being built between now and
then.
Mr. Greer: That's correct, but the amphitheater is going to come on line in a
month, or a little more, and there has got to be a...
Mayor Suarez: When do you assume Alan, or Madam Vice Mayor, that the
amphitheater will actually be in operation, ready to accept bookings? I mean,
we can accept bookings now, but I mean, to actually carry out events?
193 January 14, 1988
Mr. Greer: By the end of February.
Mayor Suarez: You'll be able to have events then? To have people who really
want to have things there, before the rest of the park is completed? - that's
all.
Mr. Greer: Yes, there are people who want to have things there yesterday.
Mr. Plummer: When?
Mrs. Kennedy: February, in fact, for February 21st, we have the Runners
International starting. We have to...
— Mayor Suarez: And you don't think you could generate enough income from those
events to present to us on a pro bono basis a budget for the entire year, that
would not require us now to have to approve an interim budget, just interim
authority?
Mr. Greer: We are not asking to approve an interim budget. All we are asking
is for interim authority to represent the City to negotiate these contracts,
it that there is someone who has a direct responsibility.
Mr. Dawkins: Well, we have to be realistic through. You have got to pay
somebody to type, you got to have some supplies, I mean, let's be realistic.
Mr. Greer: We have arranged for all of that through the good offices of DEA,
and other people who are going to house our activities until we are able to
present a budget. We are not asking...
Mayor Suarez: OK, so you need a motion for interim authority. I'll entertain
a motion, no approval of the budget at this point.
Mr. Greer: We are not asking for...
Mayor Suarez: And when will you have the budget to us, the first annual
budget?
Mr. Greer: Hopefully by the first of April.
Mayor Suarez: Great, before the opening.
Mr. Greer: Yes.
Mr. Plummer: Mr. Mayor, I'd like to build into this, which is, if it is
possible, and I don't know, because I've not talked to Ralph, but I would like
_ to see if it is possible that we could have a free date in less than the 30
day notice, if we can build in something in and around the Grand Prix, if that
is possible. If you are going to be finished by February 21st, the race is
the 27th and the 28th, and I just think it would be great to have the
combined things.
Mr. Greer: The Grand Prix was very interested in using the amphitheater. They
have elected not to. They were concerned about the construction date; and the
problems, if for some reason, it was not ready.
Mr. Plummer: Well, let's leave the option, I'd like to leave the option open,
Alan, OK, to give one free day play to the Grand Prix, if in fact, something
could be put together.
Mr. Greer: Absolutely.
Mr. Plummer: I'll make that in the form of a motion.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
194 January 14, 1988
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-76
A MOTION DIRECTING THE CITY MANAGER TO NEGOTIATE THE
OPTION OF ONE FREE DAY FOR THE USE OF THE AMPHITHEATER
IN BAYFRONT PARK IN CONNECTION WITH THE 1988 GRAND
PRIX FESTIVITIES.
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: That's it?
Mr. Greer: I think you have to pass the interim authority to operate.
Mr. Dawkins: So moved.
Mayor Suarez: I'll entertain a motion on that. Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Plummer: Why are you sending it back to the City Manager for final
approval?
Mr. Greer: Because, until we have met the ordinance requirements of the
budget and the master plan, we don't have the authority to do it. Someone has
to have the final say so, and this is what the City Attorney's office
recommended to us.
Mr. Plummer: OK.
Mayor Suarez: You OK? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-77
A RESOLUTION GRANTING TO THE BAYFRONT PARK MANAGEMENT
TRUST, ESTABLISHED PURSUANT TO ORDINANCE NO. 10348,
INTERIM AUTHORITY TO NEGOTIATE CONTRACTS FOR THE USE
OF BAYFRONT PARK AND THE AMPHITHEATER IN SAID PARK,
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CONTRACTS
PREDICATED UPON HIS CONSIDERATION OF THE CITY'S COSTS
FOR SUCH USE AND THE NEED TO ACHIEVE MAXIMUM POSITIVE
EXPOSURE FOR THE CITY IN THE FORM OF PUBLICITY IN
CONNECTION WITH SUCH USE; FURTHER AUTHORIZING THE
TRUST TO MAKE RECOMMENDATIONS TO THE CITY MANAGER WITH
RESPECT TO THE MANAGEMENT, OPERATION AND MAINTENANCE
OF BAYFRONT PARK, SUCH AUTHORITY TO CONTINUE UNTIL
SUCH TIME AS THE CITY COMMISSION ADOPTS THE PARK
MASTER PLAN AND BUDGET AS REQUIRED BY SAID ORDINANCE.
(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:
195 January 14, 1988
:
•
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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: Thank you. Go, and sat no more!
Mr. Plummer: Go away and say no more, yes.
71 BRIEF DISCUSSION: REQUEST FOR FUNDS IN CONNECTION WITH THE 1988 MISS
COLLEGIATE AFRICAN-AMERICAN PAGEANT.
------------- -------------------------------------------------------------
Mayor Suarez: Item 88. Frank.
Mr. Odio: They are requesting $50,000 in support of the Miss Collegiate
African -American Pageant and again, we are recommending denial of this
funding, based on the policy of no funding. This is not in the budget, so it
is just too late in this year's budget to be able to fund this program.
Mr. Frank Mercado: Well, as you know, this Commission has funded the Miss
Collegiate African -American Pageant. My name is Frank Mercado. We have been
coming before the Commission since 1985, and received grants of $35,000,
$65,000 and $25,000, respectively. There has been a significant change in the
structure of the pageant, as opposed to previous years and I am pleased to
report that we will be able to offer the City of Miami much more... a much
larger return on their investment dollars than in previous years. Since last
year, we have signed a production deal with Stevie Wonder, and he will be
producing the pageant on a long term basis. As you know, some of you may
know, last year Stevie Wonder was a guest performer at the pageant, and Denzel
Washington and Suzette Charles were the MC's. Some of the most prominent
members of the national Black community were present at the pageant. The
national board consists of some of the most well known and prestigious Black
Americans in the country. Additionally, in addition to having Mr. Wonder
agree to utilize his company, not only as a performer, but as a producer, we
have signed a syndication deal with Dan Gatsby out of King World Productions
in New York. King World produces, syndicates, Ophrah Winfrey, they syndicate
Jeopardy and Wheel of Fortune, and they have assured us that our syndicated
special will clear time to reach approximately 200,000,000 homes, which is
about 70 percent U.S. market, 80 percent Black U.S. market, which is the
market that we are concerned with. So, the City of Miami, this year, in
return for its investment in the pageant, will be providing similar coverage
to what Miss Universe provided within the structure of the television show.
Obviously, aerial footage of the skyline of Miami, footage of the contestants
at various sites within the City, and any other things that we can come up
with in working with staff to ensure that the City gets maximum exposure
during the television show. Now, in addition to the benefits that we will be
able to provide during the actual television viewing of the pageant, which
will be a two hour special, which will be taped March 29th and aired in April.
There is the obvious benefit that comes through the mass media press coverage
that we have gotten over the past three years. I have distributed some
examples of the national media coverage that we got in the major Black
magazines and this year, most of the major magazines, now that the pageant is
established will be coming to provide coverage of the event. As I said,
Stevie Wonder will be returning, and he has committed to getting many of his
friends in the entertainment industry, to be present at the event, and Eugene
Jackson, who has served as the pageant's chairman, was also instrumental in
bringing in people such as Dorothy and Coretta King last year, and
people of that caliber to serve on the board and to be present in the
community, no, from a public relations standpoint, I think that it also would
be beneficial to the City, and we are requesting $50,000 to pay for some of
the local expenses that the pageant will incur.
196 January 14, 1988
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Mr. Plummer: You didn't supply us with a budget.
Mr. Mercado: Pardon?
Mr. Plummer: We don't have a budget.
Mr. Odio: I have a breakdown on what they proposed. We just don't have the
money. We just don't have the money.
Mr. Plummer: What budget do you have?
Mr. Odio: He gave me $6,000 for rental and union labor at Gusman,
Mr. Plummer: No, no, I am talking about a total budget.
Mr. Odio: Oh, the total budget. I don't have that.
Mr. Mercado: I can... we, as of yet, do not have a total budget, because we
are still in negotiation with our corporate clients who will be buying the
commercial time on the event, and we anticipate that by January 28th, we will
fully be aware of how much money we have to work with, total.
-- Mayor Suarez: What has been the City's subsidy? You just gave it to us in
the last three years?
Mr. Mercado: $35,000, $65,000 and $25,000, over the past three years.
Mayor Suarez: I guess, is it my impression that you are becoming more self-
sufficient in this?
Mr. Mercado: We have become more self-sufficient, but the key is that now we
are providing significantly more than in the past. We didn't have a television
show in the past.
Mayor Suarez: Is the County helping too?
Mr. Mercado: We will be appearing before the County at their first meeting
in...
Mayor Suarez: I am sorry, last year, that they give you facilities?
Mr. Mercado: The County has provided $35,000, 463,000 and $30,000... $68,000,
rather and 430,000.
Mayor Suarez: Basically in -kind in their case, right?
Mr. Mercado: No, they have always provided cash.
Mr. Odio: Mr. Mayor, I don't have this...
Mr. Mercado: We have also gotten some in -kind.
Mr. Odio: ... money. I just don't have the money.
Mr. Plummer: Where it should be, the TIC.
Mr. Odio: I just can't find this type of money at this stage of the year, the
year when we cut taxes. It just...
Mayor Suarez: The Greater Miami Visitors and Tourist Bureau, whatever, has
always, has not...
Mr. Mercado: If you recall, last year, when we went before the Commission, we
were referred to them, and since they are not a governmental body, they
wouldn't even consider. What they did do is provide some hotel room.., and some
rental cars, which is what they provided, and we will be asking them again to
assist in some of those things.
Mr. Plummer: Cupboard is bare.
Mayor Suarez: Some in -kind? I guess when you make some kind of a
presentation and nobody makes any kind of a motion, that means :something, I
don't know, but...
197 January 14, 1988
•
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Mr. Mercado: OK, absolutely.
Mayor Suarez: Does any Commissioner...? What ever you do, if the Commission,
and if you don't bring the item back and presuming you don't, don't cancel
the program for lack of funds, if without at least exhausting the possibility
of private donations, and we will help you with those.
Mr. Mercado: Well, at this point, we would not be seeking private donations
from the local community. You know, we have never been very successful in
that area.
Mr. Odio: Have you been at the Greater Miami Host Committee?
Mr. Mercado: We went before the host committee the last couple of years and
we...
Mr. Odio: See, they get bed tax monies from the County, so...
Mr. Mercado: Right. OK, last year, the difficulty we encountered with the
hoar committee is that they too were in the situation where they were
receiving grants from the Greater Miami Visitors and Convention. It was about
one quarter of a million dollars and they were not in a position to...
Mayor Suarez: That's put directly into the agreement we have with them. They
get that directly.
Mr. Mercado: Right, they were...
Mayor Suarez: Not by the kindness of anyone's heart, I guarantee you.
Mr. Mercado: Right. They were not in a position to do anything at that time,
because all of...
Mayor Suarez: Well, try them again.
Mr. Mercado: I will contact the chairman and...
Mayor Suarez: And Frank, get support, at least from my office on that. I am
sure the rest of the Commissioners too.
Mr. Mercado: From our position, you know, we do say that, you know, this
Commission has been instrumental in the development of the event, and we do
understand that, you know, however...
Mayor Suarez: There comes a point when we expect you to be self-sufficient,
but we will help, at least with the host committee, with the bureau, if you
_ want to still apply to them, and the private contributions, and whatever you
do, don't let the thing just fall, not go through for lack of funds, without
at least checking with me and I am sure I speak for the rest of the
Commissioners.
Mr. Mercado: Our position on that, in terms of the self-sufficiency.,
although we acknowledge and are grateful, we know that this business would not
exist if it were not for the support of the City Commission, in its initial
years. Miss Universe, which is quite capable of supporting itself, receives
hundreds of thousands of dollars, and I think they received about million
dollars from this community for the pageants that they put on in two years,
and we are going to be able to provide similar... if you look at our ratings,
we will projecting a 35 rating t►'at was done by King World, and was never a...
Mayor Suarez: Who is going to film that? You told us before a private....
Mr. Mercado: Stevie Wonder's production company, Black
Mayor Suarez: It is a private company that is going to film it and then
market it?
Mr. Mercado: They are going to produce the show for the stage production and
also, film it. King World, which is a syndicator out of New York, which
does Ophrah Winfrey and several others will be clearing the markets and
getting it viewed nationally. What we are saying is this. We are providing
198 January 14, 1988
i
the City of Miami with promotional benefits, as you know, with promotional
benefits as a result of the television special, so in a sense, we are asking
the City to buy into the commercial venture and the publicity that the... and
what we are saying is, we are guaranteeing this, or we don't collect on the
money, as opposed to festivals and other things that get funded that are
primarily local activities. If you check the $50,000 cost per household, it
comes out to a few pennies per household that we will be reaching throughout
the country. I appreciate your time. Thank you.
Mayor Suarez: Thank you, Frank.
72. GRANT AND APPROVE REQUEST FROM RAUL MASVIDAL TO SELL LIMITED PARTNERSHIP
INTEREST IN BAYSIDE CENTER LIMITED PARTNERSHIP.
Mayor Suarez: Item 90.
Mr. Odio: I received a letter from Mr. Masvidal requesting the transfer of
his limited partner...
Mayor,Suarez: What is our discretion in accepting a transfer of his interest
in the Bayside Center limited partnership? Is that...
Mrs. Dougherty: You would have to deny it based on a business reason.
Mayor Suarez: And it is being transferred to Mr. Natan Rok, and he is not
represented by anyone here? I thought Raul told me there would be someone
here representing.
Mr. Odio: No, we really... I don't believe they need someone, but...
Mayor Suarez: Well, I have no problem with it.
Mrs. Kennedy: I move the item.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-78
A MOTION GRANTING AND APPROVING REQUEST RECEIVED FROM
RAUL MASVIDAL TO SELL HIS LIMITED PARTNERTSHIP
INTEREST IN BAYSIDE CENTER LIMITED PARTNERSHIP TO MR.
NATAN ROK.
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.
199 January 14, 1988
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------ --------- ----------
73. DISCUSSION ITEM: REQUEST FROM INTERNATIONAL HEALTH COUNCIL FOR FINANCIAL
ASSISTANCE IN SUPPORT OF SAID COUNCIL.
Mayor Suarez: International Health Council, item 91.
Mr. Jose Szapocznik: Good evening. Jose Szapocznik, I am chairman of the
International Health Council. I live at 3380 Devon Road in Coconut Grove,
here in the neighborhood, and we are here to request from the Commission
continuing funding for the International Health Council to promote Miami as an
international health center. I think most of you know that health is an
industry that creates 90,000 jobs in our community, and health is also an
Industry that provides millions of dollars worth of free care to those in need
in this community, the indigents, the refugees, the immigrants, and to the
aged.
Mayor Suarez: Are you pretty sure on that figure, 90,000? That's about 11,
12 percent of all the employment.
Mr. Szapocznik: Yes, we are the second largest industry in this community.
Mayor Suarez: After tourism and...
Mr. Szapocznik: After tourism. I'll make my presentation brief, because I
know it is late.
Mr. Odio: I'll make mine even briefer, I... again, I don't have $50,000, so
I have to recommend against it.
Mayor Suarez: Not to put you on the spot, but in view of the strength of that
industry, assuming a $40,000,000 city GMP, that would mean that you have about
a $4 billion dollar industry in Dade County.
Mr. Szapocznik: That's correct. It is about a $4 billion dollar industry in
Dade County.
Mayor Suarez: Couldn't they finance this?
Mr. Szapocznik: There has been a long history of trying to get the health
industry together and I think that we have been more successful than anyone
else in beginning to get the health industry together. The industry is
beginning to finance some very important projects. Our basic funding that
keeps the International Health Council alive comes from the City of Miami;
however, the industry is financing with the help also of the City and the
County, of projects such as an audiovisual presentation and a reference guide
that has gone throughout Latin American and throughout the United States as
well. I think you have all had a chance to look at this, but I have extra
copies, if you like. So the industry is participating, but getting the
industry mobilized to participate in promoting intself is perhaps a little
more difficult than it has been with the tourism industry. We are a lot
younger, as an industry in this community, and we are just getting off the
ground. We are certainly growing a lot faster than the tourism industry, and I
think that this support from the public sector is needed to continue this
momentum.
Mr. Odio: Doctor, have you gone to the Beacon Council?
Mr. Szapocznik: Actually, I think that if there is one thing that I am
proudest of in the term that I have been chairman, is that we have achieved
that the three major economic development agencies in this community have
adopted health as one of their highest priorities. Among our achievements are
that the Beacon Council, the Greater Miami Chamber of Commerce and the World
Trade Center this year have health as one of their highest priorities for
economic development, so we work extremely closely with all of them.
Mr. Plummer: How much money did you get from the Chamber?
Mr. Szapocznik: We don't get money from the Chamber. We work closely with
them. We have been able to get them to recognize the importance of this
industry, but we don't receive funding from them.
200 January 14, 1988
Mr. Plummer: Nobody does.
Mr. Szapocznik: Nobody does, but let... I'm sorry.
Mrs. Kennedy: No, I was going to say, this is a great idea and a great
program, but how would you sell the City of Miami? What would you do
specifically, because a lot of people come to Dade County and a lot of them go
to Miami Beach hospitals.
Mr. Szapocznik: Well, one of the... there are a lot of projects that we have
under way, including conferences, and seminars and training programs that take
place here, and when we have held international conferences, they have always
been at the Hyatt in collaboration with the City of Miami. Also, we have been
offered to sponsor a program which we are currently considering, to establish
a referral system, a physician referral system at the airport. Now, this is
something that is being done very successfully by perhaps the most
successfully marketed health center in this country, which is Houston.
Houston has a system of 16 operators at the airport that make referrals to
individuals who go through the airport and they want to receive medical
services and we are currently negotiating with a private sector group to set =
up a pilot program, such is this one, in our airport, and that is one of the -
many examples. There are a lot of potentials and there are a lot of programs
that we could describe to you, in terms of how we would market Miami. One
program that we have also invited to sponsor for the coming year, is the Latin
model pageant and the proceeds from part of that pageant will come to a
promotion of the health industry and at the same time... -
Mayor Suarez: Is that a City facility, by any chance?
Mr. Szapocznik: The Latin model pageant will be carried out at the Convention
Center, yes.
Mayor Suarez: Are they asking in effect, for some kind of..
Mr. Szapocznik: No, because that is something that we are considering at this
point. We've not yet agreed to do it.
Mayor Suarez: This Commission has taken a more liberal attitude toward
waivers of fees for City facilities than it has for cash grants, as you know,
so you might want to check us out at that point, depending on how things go
today. Anything from the Commission on this? I guess it means the same thing
as last time, as the last item.
Mr. Szapocznik: Well, I think it is important to know that the funding that
comes from this Commission is what keeps... it is a basic funding for the
International Health Council.
Mayor Suarez: Well, did we fund it last year?
Mr. Szapocznik: Yes, sir.
Mayor Suarez: To a tune of...?
Mr. Szapocznik: $50.000.
Mayor Suarez: From...?
Mr. Szapocznik: Economic Development.
Mayor Suarez: Is this built into our budget?
Mr. Plummer: Yes, but, Mr. Mayor, there was a big difference last year. Last
year that conference was held here in the Knight Center, and there was, you
know, this year...
Mr. Szapocznik: Well, actually two years ago. Last year we did not hold a
conference here. We took a different strategy. We used the funding to carry
out programs of promoting Miami throughout Latin America, and we also took the
funding to develop this kind of a brochure and I don't know if you have seen
It, this reference guide, which very comprehensively presents all of what we
have to offer. I think most people don't realize that Miami is one of the
`I
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201 January 14, 1986
world's foremost centers in health. That's something that we need to let
other people know, bring them to Miami.
Mrs. Kennedy: Is there any other way that we could help?
Mr. Szapocznik: Well, I think that basic funding is critically important at
this point, in keeping the activities of the council going. There are many
way along the way, in addition to that, but let me say that most of us who
work in the council are volunteers, such as myself. I am a professor at the
University of Miami and I dedicate maybe 20 hours a week to the Council, and
there are a number of us in the Council, Dr. Manny Viamonte from Mt. Sinai
Hospital and Rick Smith from Touche Ross and Father Messick from Barry
University, and we all dedicate a lot of time and provide a lot of in -kind
services to this activity, but we do need a certain amount of funding to
operate it.
Mayor Suarez: A long time ago, I just want to tell you that, for myself, I
put a little bit into your industry on a pro bona basis by representing the
entity at the time operated by the City Manager's wife, for I don't know how
many years, without getting paid, and I guess that has been my contribution on
a personal basis. I don't gather that this Commission is in a position to
help you financially this year. I do want you to know, Doctor, that we have
just approved, this morning, a contract calling for a 25 percent reduction in
the salaries of all new employees for a union that represents roughly half of
all the City employees, and that is the kind of belt tightening that we are
doing, so I don't want you going away thinking that we don't care about the
work of the Council, and to the extent that you want symbolic support, you
know, our help, our appearance our endorsement, you know, you have got that,
of course.
Mr. Szapocznik: Well, I think it is important to recognize that it is quite
possible that the Council will then go out of existence, and I am not being
dramatic, this is something that we have discussed, that without basis
funding, it is very likely that we will stop functioning.
Mayor Suarez: We feel better that the Council go out of existence than the
City go out of existence. That's our trade-off, sometimes... the City medical
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Anything else from the Commission? Doctor, thank you.
Mr. Szapocznik: Thank you.
74. DIRECT ADMINISTRATION TO FIND SURPLUS CITY SPACE TO BE USED BY "LIGA
HISPANA CONTRA EL SIDA".
Mayor Suarez: Item 92, Liga Contra SIDA.
Mr. Odio: They are requesting 20, I believe it is...
Mayor Suarez: Office space?
Mr. Odio: $20,000 to be able to rent space in a building located on Coral
Way. It is a one year lease, and I guess I have to say we are not in the
business of paying people's rent and I believe that... and we don't have the
funding anyway.
Mr. Plummer: Well, don't we have space in the City? What about that 2,000
square feet that you said was over at the police station that hasn't been
used. You said there was at the old police station, that there was 2,000...
Mr. Odio: But, that is the building that we are going to...
Mr. Plummer: Yes, but so we can put them over there. If you sell it, it is
going to be six months to a year.
i 202 January 14, 1988
s
t
Mr. Odio: They are looking for a place for a year.
Mr. Plummer: We'll do the be-.,-, -e can.
Dr. Lauriano Vega: We will take anything we can get. Aids is a very serious
problem in our community and we seem to...
Mayor Suarez: I am sorry, we didn't really let you make a presentation. Give
us your name and address and who you represent.
Dr. Lauriano Vega: I'm Dr. Lauriano Vega, and I am the volunteer executive
director of La Liga Hispana Contra SIDA, and we are trying to establish
minority based education for our minority communities in our City area,
because we have a very big Aids problem in our community.
Mayor Suarez: Doctor, may I interrupt you and ask you if you have applied for
any Federal funds under all the new funding? We are helping quite a few
organizations apply.
Dr. Vega: We are starting and we are applying for Federal funds, which we
could...
Mayor Suarez: OK, because we would be happy to help you in our office, and we
are doing a...
Dr. Vega: We only want space.
Mayor Suarez: Yes, but if you get money, you'll have space.
Dr. Vega: We would like to have some office space so that we could start
operating immediately, while we get community support and we get our grants
in...
Mr. Plummer: How many square feet do you need?
Dr. Vega: Well, at this point, we will take anything you give us.
Mr. Plummer: What were you looking at on Coral Way?
Dr. Vega: We were looking at 2,000 square feet.
Mr. Plummer: I'll make a motion at this time that we instruct the
Administration to try to find 2,00 square feet of City surplus space and make
it available to them.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded and thirded. Any further discussion? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-79
A MOTION INSTRUCTING THE ADMINISTRATION TO TRY TO FIND
2,000 SQUARE FEET OF SURPLUS CITY SPACE TO BE USED BY
"LIGA HISPANA CONTRA EL SIDA" (ON A 30 DAY REVOCABLE
PERMIT BASIS) WHICH OFFICE SHALL BE USED TO DISBURSE
INFORMATION AND SERVICES TO THE COMMUNITY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
203 January 14, 1988
E
•
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: You understand, sir, that that is on a 30 day revocable permit.
If we had to deal less than a year, we would come back and deal with it here,
but we could move you out within 30 days.
Dr. Vega: We understand that.
Mr. Plummer: OK.
Dr. Vega: Thank you.
75. DECLARE MARTIN LUTHER KING, JR.'S BIRTHDAY AS A PAID HOLIDAY TO BE
OBSERVED BY FIRE AND POLICE DEPARTMENTS' UNIONS.
------ -------------------- ---------------------------------------------------- -
Mr. De Yurre: (OFF MIKE)
Mayor Suarez: Commissioner De Yurre, you might want to get a little close to
the mike so we can...
Mr. De Yurre: Some information has come to me today, and I just wanted to ask
the City Manager to put me in a situation of awareness, as to why the City of
Miami Police Department and the City of Miami Fire Department are not getting
Martin Luther King day off this coming Monday.
Mr. Odio: Yes, sir. I've received... when we began negotiations last year,
and on these contracts and when the Martin Luther King question came up last
year, I clearly understood the policy to be that they must negotiate their
contract negotiations that extra day off. We don't have a contract with
either union, therefore I cannot give a holiday they don't have.
Mr. Dick Kinne: For the record, my name is Dick Kinne, I am president of the
Fraternal Order of Police, out of Lodge 20. The Manager is correct. The
members of the Commission last year said it was the last time that we were
going to have to negotiate. The Fraternal Order of Police, we have
negotiated. In fact, it is one of the articles we have already agreed on.
That's my concern, that we have already agreed on that article by the Labor
Relation's officer.
Mr. Odio: Let me see if I can get you on the record.
Mr. Kinne: We have other...
Mr. Odio: Wait. Can I get you on the record on this. You are saying that you
agreed zero paid increase this year, in exchange for Martin Luther King. Is
that right?
Mr. Kinne: I said, we agreed to that article.
Mr. Odio: You agreed to that article.
Mr. Kinne: The article in regards to Martin Luther King birthday.
Mr. Odio: But you have not agreed to any other terms, so therefore, you don't
have a contract, and when you have a contract...
Mr. Kinne: If you would allow me to finish my statement, I would have said
that.
204
January 14, 1986
Mayor Suarez: OK, that particular term, meaning in the prospective contract
that we haven't signed yet.
Mr. Kinne: We had a negotiation session about a week or two ago, and in that
session, there was four articles that were negotiated. One of those articles
was the holiday article, which, we agreed to Martin Luther King's birthday in
concession for changes in other articles that day.
Mayor Suarez: I would suspect that the City is expecting concessions in
return for that, but we don't have a signed...
Mr. Kinne: But, we have not agreed on a whole total contract, is correct.
Mayor Suarez: I certainly know that.
Mr. Odio: I guess in normal labor negotiations, if and when we have a
contract, and we agree to that, I don't know if at that time we will agree, it
depends on what concessions we get, that we make that day retroactive, but
_ since we have no concessions that I call important, like we got from AFSCME, I
don't see why we should give up on that.
Mr. Kinne: We are still in the process of negotiating, Mr. Manager. In fact,
we have an agreement to meet next week.
_ Mr. Odio: That is why... I know, so how can I give you something you don't
have?
Mr. Kinne: Oh, see, that is where we disagree, because we have already agreed
to that article.
Mr. Yes, that is item 25.
Mr. Kinne: Yes, but we have a lot of articles that we have to agree on. We
have, we have a lot of articles we haven't agreed on, that we are working on.
Mr. Odio: But, what if we don't agree on the terms of the rest of that
contract? You won't have a contract, therefore, that article doesn't mean a
thing, and you know it very well.
Mr. Kinne: I could say what you told me. You said we'd go to the Commission,
let the Commission give us what they want.
Mr. Odio: That's right. If you and I cannot settle this contract, it will
end up in front of this City Commission.
Mr. Kinne: My understanding is, the only thing we are going to do when we
come to the Commission is to talk about articles we can't agree on. All the
rest, we can agree.
Mr. Odio: Well, but right now...
Mr. Kinne: So we have already agreed on that article.
Mr. Odio: Right now I don't agree on any articles until I get what we need to
get.
Mr. Kinne: We haven't agreed on any articles then, is that right?
Mr. Odio: I haven't seen them, I haven't approved them, and I told you what
my position was, clearly, the other day, and that stays as my position today.
Mr. Kinne: I have a misunderstanding of the labor relation - no negotiations,
because I thought we had already agreed on several articles.
Mr. Odio: You asked for a meeting with me the other day. You had it, and I
told you what I wanted, and I don't have that.
Mr. Kinne: We agreed to meet and talk about it some more, and we are in the
process of doing that.
Mr. Odio: Let's do that, and I am willing to negotiate Martin Luther King,
but, you don't have that yet.
205 January 14, 1988
It
Mr. Kinne: I have it with your labor relations officer.
Mayor Suarez: What if...
Mr. Odio: You don't have a contract.
Mayor Suarez: What if, as a sign of good faith, the Commission were to
approve this in the hope that all the other terms would be agreed to. Does
that undercut totally your position, Mr. Manager?
Mr. Kinne: Provided that we were...
Mr. Odio: No sir, because...
Mayor Suarez: Does that undercut your position, is that... you are saying no?
Mr. Odio: Of course) I have to have a total contract, a whole package,
approved by both sides, and I believe to negotiate in piecemeal, ...
Mayor Suarez: Well, I understand where you are headed, but the problem is
that we have this matter coming up on Monday, and we can be as tough as we
want if they later... it turns out they will negotiate in good faith as to the
other terms.
Mr. Odio: Well, why don't we...
Mayor Suarez: We have to approve it anyhow, this Commission.
Mr. Odio: I will agree, but like I said, you can tell me what to do. I would
_ still say that we will make it retroactive if they give in on the other
issues, or we agree on issues that we have pending.
Mayor Suarez: And if you make it retroactive, what do the officers do on
Monday?
Mr. Odio: They get paid, whoever has to work on Monday, works on Monday.
Mayor Suarez: I guess it doesn't really change anything, does it?
Mr. Odio: They would have to work anyway.
Mayor Suarez: It doesn't really change anything for a department like the
Police Department, does it?
Mr. Odio: They have to work anyway.
Mayor Suarez: In terms of who actually works.
Mr. Odio: If they have a day off and they get paid...
Mayor Suarez: It is a matter of benefits, strictly.
Mr. Kinne: I don't know what the exact cost figure is, but it...
Mayor Suarez: It kind of loses its symbolism, doesn't it?
Mr. Kinne: ... but, I think you are going to cost the City more money, if you
do it that way, because if it is declared holiday, there will be normal people
that wouldn't show up, or take the holiday, that now, will work, and they will
get time and one-half for that, if we agree to retroactive.
Mr. Odio: Well, my only problem Dick, is giving you something you don't have
In a contract. I have never seen that happen before. Either we have a
contract, or we don't have a contract.
Mayor Suarez: Are we in the same position, vis-a-vis the firefighters?
Mr. Odio: Oh, no, the firefighters were even worse. The firefighters have
not even negotiated that day.
206 January 14, 1988
1:
Mrs. Kennedy: But, you are in the middle of negotiations. You don't have a
contract, Mr. Manager. You don't have a contract, but you are negotiating.
Mr. Odio: Yes, but we could be negotiating for another three or four months,
Commissioner. We don't have a contract.
Mr. Kinne: I hope not.
Mr. De Yurre: Mr. Mayor, I think that, you know, we talked about a holiday,
you talk about retroactively and all that. I think we were missing out on the
symbolism of the concept that we are dealing with. You know, it is just like
saying,"OK, you don't get Christmas off today, you'll just get the money down
the road." You know, you want to be a part of what that event is, of what
that day symbolizes, and I am sure that for many police officers, Martin
Luther King day has meaning, and I just want to be put in a position wherein
if, you know, if we, the Commission decides that we can go ahead and agree to
give them that Monday off, that we be made whole, should that not be part of
the final agreement, that it be worked out at its conclusion. That's my
concern, that I don't want to lose that day, and then it wasn't part of the
agreement...
Mayor Suarez: That's a conditional approval of the holiday benefits, that's
the problem with that.
Mr. Plummer: Yes, but the same people...
Mr. De Yurre: If they are willing to agree to that...
Mr. Kinne: I don't think that article will ever come back up in negotiations,
because we have already agreed to that article.
Mr. De Yurre: Well then, you don't have any problem with this, with doing
that.
Mr. Kinne: That's right.
Mr. Odio: I disagree with him. If we don't get what we are looking for in
the contract, he won't have that article.
Mayor Suarez: Obviously! Obviously.
Mr. De Yurre: Then we get made whole, or we made whole some other way.
Mr. Kinne: Is the Manager telling me that all the articles we have agreed to
now are back on the table again?
Mayor Suarez: No, that he hopes you will reach a final agreement, but if you
don't, the whole thing is back on the table again. That's the life of
negotiating.
Mr. Odio: It is 100 percent correct, Mr. Mayor.
Mayor Suarez: I don't know what to say. At least in the case of the police
officer's union, we can say that we are close to a final agreement. They have
been negotiating. The Manager seems to indicating that they have been
negotiating in good faith, and I would be disposed on that one to treat it
differently from a firefighter, where they are indicating that they are not
anywhere close to an agreement and we'd be...
Mr. Odio: They haven't even negotiated that item. At least the police have
tried.
Mayor Suarez: But, I guess we ought to hear from the vice president of the
union.
Mr. Lou Kickasola: Yes, thank you. Lou Kickasola, vice president of the
local Fire 87. The union is in the middle of special master hearings at this
time. Martin Luther King's birthday is on the table. It is one of 26
articles that are unresolved at this time. We have not settled on it.
Mayor Suarez: You know, Commissioner De Yurre, you made a point that I think
is very valid. Let's face it, if we were to grant this, and then have
207 January 14, 1988
w
problems negotiating the rest of the termss with the police union, and/or
maybe the firefighters, I am sure this Commission could somehow exact from
you, other kinds of things that would... at least I think we would, because we
would get awfully tough on the negotiations, but that is up to the Commission.
Mr. Plummer: Well, Mr. Mayor, let me add my two cents here. Mr. Mayor, if in
fact it would be in the spirit of the holiday, and in fact, the policemen
would get the time off to celebrate the holiday, that would be a different
story, but it is not the case! These same policeman will be working their
regular tour of duty on that day. You are not giving them the opportunity to
get off of work and go celebrate the holiday. It is a money issue, is what it
is.
Mr. Kickasola: But, the only people that will be working the regular tour of
the uniform.
Mr. Dawkins: (OFF MIKE) But, the non -sworn officers who are not required to
be there will get the day.
Mr. Plummer: Who do not enter in...
Mayor Suarez: And those that would otherwise try to find overtime employment
that day, or off -duty, or whatever, would also possibly...
Mr. Odio: No, the civilians that are covered by the AFSCME contract, and our
general employees will have the day off.
Mr. Plummer: That's it! They are off. _
Mr. Odio: They negotiated that.
Mr. Kickasola: The only people that will be working are those scheduled to
work in uniform...
Mr. Plummer: Right.
Mr. Kickasola:... if we had the holiday. The rest, all of the detectives,
all of the administrative personnel would be off. If we don't have the
holiday, they'll all be working, and that will be, if it is retroactive, like
the Manager is saying there is a possibility :hat it could be, that's all
going to be overtime for those people, at an additional cost to the City.
Mr. De Yurre: Mr. Mayor, I would like to make a motion.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: I'd like to move that the Police Department receive Martin
Luther King day off, with the understanding that we be made whole somehow. We
be made whole, should that not be part of the final agreement that is made
with the union.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. That is really more of a conditional
granting, it is more like a threat, really, is what you are saying, that if
they don't negotiate... isn't it?
Mr. Dawkins: It is not a threat, because they got a gentleman here
Mr. Kinne : I really don't think there is going to be a problem, Mr. Mayor,
because I don't anticipate having to change that in negotiations, because we
have already tentatively agreed to that, we are going to go forward with
negotiations on the harder issues and there is where we might have a bog down
where you, as the Commissioners are going to sit and have to make some kind of
decision on those, but we have already changed and conciliated in various
articles for that holiday already, and I don't think that is going to change.
I don't think the holiday article will be brought before this Commission like
Commissioner De Yurre is saying.
Mayor Suarez: We certainly assume that you will want it to.
208 January 14, 1988
Mr. Kinne: If it does, then I think he has a valid point, yes, sir.
Mayor Suarez: I know you want that article in there.
Mr. Kinne: I don't foresee that article being ever brought back again.
Mr. Odio: It might be, another way would be to give them another day off, if
we get a contract to it. All they want is the...
Mr. Plummer: But I just... I am sorry. I don't see how you can do it with
the police, without the fire. I mean, you have got to treat all employees
equal. They are both without a signed contract. You know, I made my other
point. It is a money issue. That's what it is, it is a money issue, but if
you are going to give it to one and it is going to be retroactive to be made
whole for one, it can be made retroactive for the other, and I just don't
think that it is fair to hold one against the other. It is a money issue.
Mr. De Yurre: We are not there yet. We will make another motion for the
other one.
Mr. Plummer: Why not join them together?
Mr. De Yurre: Well, let's do it jointly, right. I amend my motion to include
the Fire Department also.
Mayor Suarez: So moved and seconded. Motion understood. Good luck. Call
the roll.
Mr. De Yurre: Do we have an agreement from the union?
Mr. Don Teems: Yes, Commissioner. What we were told last year, when this
happened last year, somewhat the same way, only we weren't in negotiation at
that time, and Commissioner Dawkins said that he was going to move Martin
Luther King's birthday for that year, but he wanted to make sure that we
understood that he wanted us to put it on the table for this contract period,
which we did.
Mr. Plummer: Well, but I also remember, Don, that he stated and this
Commission passed, it was not negotiable, it would be included.
Mr. Teems: Yes, sir, and it is.
Mr. Plummer: So it's a trade off.
Mr. Teems: It is, it is, we included it. Our problem is is that we haven't
solved the total contract. We don't have anything at this point as far as
anything is concerned and were it special master, in fact we're due to go back
for our last two days Monday and Tuesday of next week. But that is an issue
that's on the table and it is one that we have requested.
Mr. De Yurre: OK.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-80
A MOTION DECLARING THAT THE UNION MEMBERS OF THE FIRE
AND POLICE DEPARTMENTS SHALL HAVE THE RIGHT TO OBSERVE
THE BIRTHDAY OF THE LATE REVEREND MARTIN LUTHER KING,
JR. AS A PAID HOLIDAY WITH THE UNDERSTANDING THAT IF
SAID HOLIDAY STATUS IS NOT RECOGNIZED AND AGREED TO IN
THE COLLECTIVE BARGAINING AGREEMENTS TO BE REACHED
BETWEEN THE CITY AND EACH UNION THEN THE CITY
COMMISSION SHALL BE ENTITLED TO TAKE WHATEVER STEPS OR
MEASURES IN REGARD TO THE MEMBERS OF SUCH UNION AS MAY
BE NECESSARY TO RECOVER THE COSTS INCURRED BY THE CITY
RESULTING FROM THIS DECLARATION.
209 January 14, 1988
i
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.
----------------------------------------------------------------------------
76. APPROVE COST FOR CITY SERVICES IN CONNECTION WITH THE CUBAN
MUNICIPALITIES FAIR TO BE HELD AT FLAGLER DOG TRACK - SAID EVENT NOT TO
BE CONSIDERED AS ONE OF TWO ALLOWED EVENTS PER SITE PER YEAR.
Mayor Suarez: Item 94.
Mr. Plummer: I'll move item 94.
Mrs. Kennedy: I'll second 94.
Mayor Suarez: Moved and seconded. Any discussion on 94?
Mr. Dawkins (Off mike): What is 94?
Mrs. Kennedy: The municipios.
Mayor Suarez: Waiver of the prohibition requirements of Article 20, Section
2003.9. a zoning ordinance for the Cuban Municipalities Fair Corporation, Los
Municipios en el Exilio.
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll. I'm sorry, Commissioner Dawkins, do you need
more time? —
Mr. Dawkins (Off mike): Yes, --------- second it?
Mayor Suarez: We got it, we got it, we're just going to take a vote on it.
Mr. Dawkins (Off mike): Yes, I vote yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-81
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO COVER COST OF CITY SERVICES, IN SUPPORT OF
THE CUBAN MUNICIPALITIES FAIR TO BE HELD ON THE
GROUNDS OF THE FLAGLER DOG TRACK, 401 N.W. 38TH COURT,
ON APRIL 7-10, 1988; FURTHER DECLARING THAT SAID
CARNIVAL SHALL NOT BE CONSIDERED AS ONE OF THE TWO
ALLOWED EVENTS PER SITE PER YEAR FOR ACTIVITIES OF
THIS TYPE; SAID ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY APM-1-84, DATED JANUARY 24,
1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
210
January 14, 1988
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
77. AUTHORIZE CLOSURE OF STREETS- IN CONNECTION WITH COCONUT GROVE ARTS
FESTIVAL - CREATE TEMPORARY PEDESTRIAN MALL - RESTRICT AREA TO RETAIL
PEDDLERS - AUTHORIZE SALE OF BEER AND WINE.
Mayor Suarez: Ninety-five, Coconut Grove Arts Festival.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved. Seconded. Any discussion? Call the roll on 95.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-82
A RESOLUTION CONCERNING THE 1988 COCONUT GROVE ART
FESTIVAL TO BE HELD FEBRUARY 13, 14 AND 15, 1988 IN
PEACOCK AND MEYERS PARKS AND IN DOWNTOWN COCONUT
GROVE, AUTHORIZING THE CLOSURE OF CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC AND CREATING A TEMPORARY
PEDESTRIAN MALL, SUBJECT TO THE ISSUANCE OF PERMITS BY
THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; RESTRICTING SAID AREA TO RETAIL
PEDDLERS DURING THE SCHEDULED HOURS OF THE EVENT;
GRANTING THE REQUEST OF THE SPONSORS TO SELL BEER AND
WINE DURING THE EVENT, SUBJECT TO THE ISSUANCE OF A
TEMPORARY PERMIT BY THE STATE OF FLORIDA DEPARTMENT OF
BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES
AND TOBACCO; SAID AUTHORIZATIONS FURTHER SUBJECT TO
AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
211 January 14, 1988
•
04
78. AUTHORIZE CLOSURE OF STREETS REGARDING ORANGE BOWL RUNNING SERIES -
GRANT USE OF BAYFRONT PARK.
Mayor Suarez: Ninety-six, Runners International.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mr. Plummer: Close the street for Runners International.
Mayor Suarez: Wait, wait, there's other things in there.
Mr. Plummer: What?
Mayor Suarez: In -kind services waiver, etc.
Mr. Plummer: No, no, we're closing the streets, I'm sorry.
Mayor Suarez: OK, motion to close the streets and get that over with on 96.
Moved and seconded. Just as to the closure of the streets. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-83
A RESOLUTION CONCERNING THE ORANGE BOWL RUNNING SERIES
TO BE CONDUCTED BY RUNNERS INTERNATIONAL, INC. ON
FEBRUARY 19, 20 AND 21, 1988, AUTHORIZING THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND
THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY; GRANTING THE USE OF BAYFRONT
PARK AT NO CHARGE TO SAID SPONSOR; FURTHER ALLOCATING
AN AMOUNT NOT TO EXCEED $900, FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND FOR RENTAL OF EQUIPMENT
FROM THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES FOR SAID EVENT; SUBJECT TO AND CONTINGENT
UPON THE SPONSOR'S COMPLIANCE WITH SUCH ALL APPLICABLE
REGULATIONS, GUIDELINES AND ORDINANCES OF THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, I'm sure you want something besides the closing of the
streets.
Mrs. Kennedy: That was the easy part.
212
January 14, 1988
UNIDENTIFIED SPEAKER: Yes, that was the easy part. Well, I think the Orange
Bowl Marathon and 10,000 meters are well known. This is going to be the first
major event in the new Bayfront Park. It will be a total weekend of
festivities. We do desperately need help. We normally haven't asked for help
recently because we do believe we should be self sustaining. We have been
presented with a budget for in -kind services which the Manager and some of the
Commissioners have seen. I don't want to be alarmist, but this is an
important part of our culture and of our City. We really do need help in the
in -kind services. I understand completely the Manager's position about
funding and so on and respect that very highly. In addition to that, but not
part of the same issue, we will need a letter of official approval for the
City in order to do things...
Mayor Suarez: You got that.
UNIDENTIFIED SPEAKER: OK, but this...
Mayor Suarez: If you prepare it for my signature or that of the Commissioners
collectively, however you want to do it.
UNIDENTIFIED SPEAKER: Well, it's for the beer licenses and those kinds of
things.
Mayor Suarez: Right.
UNIDENTIFIED SPEAKER: So, I put ourselves at the mercy, I know that
Commissioner Kennedy has taken an interest in our project. We've had
enthusiastic support in positive ways from other people. In a sense, if I may
make light for this one moment, we, at the moment, are like somebody going to
the high school prom. He's got the greatest girl in the world, all his dreams
are coming true, but he needs his dad to lend him the car.
Mayor Suarez: But a what?
UNIDENTIFIED SPEAKER: I said he needs - his father won't lend him the car. I
was trying to make a light analogy of our situation.
Mayor Suarez: It's that British accent that got me.
UNIDENTIFIED SPEAKER: I'll change that if you can help us. So, this is
really a request for services.
Mayor Suarez: How much are we talking about? And what are they, police
basically, is that... _
Mr. Odio: Well, let me see, he needs $17,000 for police, $1,200 for fire -
rescue...
Mayor Suarez: How much for police?
UNIDENTIFIED SPEAKER: No, no, no. -
Mr. Odio: $17,000. -
Mayor Suarez: Oh, I thought he said seventy.
Mrs. Kennedy: No, seventeen.
Mayor Suarez: And your British accent got me too.
Mr. Odio: And about $6,700 for parks as equipment and labor and I just don't
have that kind of money. Adds up to $30,000.
Mayor Suarez: Did you say anything for Solid Waste?
UNIDENTIFIED SPEAKER: Yes, there's solid waste in there.
Mayor Suarez: How much is that? We've been accepting from other
organizations a substitution of a bond or collateral that you use to guarantee
that you will take care of your own waste pickup and so on, cleanliness. And
if you don't, we keep your money.
213 January 14, 1988
Mr. Plummer (Off mike): Let him talk. They closed the streets.
- Mayor Suarez: But I don't know if that's a big component of what you're
asking for, if it's even worth it for you.
UNIDENTIFIED SPEAKER: I think cleanup, waste, trash and all that's - I can't
break it out, it's...
Mayor Suarez: How much is our solid waste requirement here, estimate? Anybody
have that?
UNIDENTIFIED SPEAKER: Well, let me just...
Mayor Suarez: Mr. Manager, how much?
UNIDENTIFIED SPEAKER: I think the whole garbage issue is something like $2000
or $3000; cleanup and solid waste, it's about $3000.
Mayor Suarez: I would certainly entertain a motion to approve that system if
you want...
UNIDENTIFIED SPEAKER (Off mike): Which system?
Mayor Suarez: Well, they post a bond for the pickup, the waste pickup.
Mrs. Kennedy: Sure, I'll move that.
Mayor Suarez: OK, moved, do we have a second? Do you want to try that or
not?
UNIDENTIFIED SPEAKER: Well, sure, but I don't know that we can beat the price
the City pays, I mean, the real thing is that the...
Mayor Suarez: Well, I thought maybe you guys would do it yourselves.
UNIDENTIFIED SPEAKER: We do most of it. OK, sure.
Mayor Suarez: Your spouses, kids, friends. Anyhow, you don't want to try for
that? It's not worth it for that amount of money?
UNIDENTIFIED SPEAKER: Well, anything is worth it. I mean it also would be
worth it is use of the park and the amphitheater, there's going to be a -
which is...
Mayor Suarez: Oh, a waiver of the use of the park.
Mrs. Kennedy: Well, that you have.
Mayor Suarez: I always go along with those. The Commission doesn't always,
but I do and I think the Vice Mayor does so maybe you could try for three
votes on that one.
Mrs. Kennedy: Sure, I move that.
UNIDENTIFIED SPEAKER: Mr. Mayor, the point...
Mayor Suarez: We have a motion on that. Wait a minute, wait a minute, you're
doing well here. I second that.
Mr. Plummer: That's it, call the roll.
Mayor Suarez: I second it. She made the motion, so it's...
Mr. Plummer: Call the roll.
THEREUPON, on motion duly made by Vice Mayor Kennedy and seconded
by Mayor Suarez, the City Commission unanimously agreed to grant
applicants request for fee waiver for use of the park as well as
submittal of a bond for garbage pickup.
(NOTE: The parameters of the herein motion are contained in
Resolution 88-83 above.)
214 January 14, 1988
Mrs. Kennedy: How much will be the use of equipment such as bleachers,
snowmobiles, French barricades? Where is he? Mr. Manager, how much will that
come out to?
Mayor Suarez: I'll entertain a motion to lend them that.
Mrs. Kennedy: Yes, yes, that's not much.
INAUDIBLE COMMENTS.
Mrs. Kennedy: OK, I move number two, the use of City equipment.
Mayor Suarez: Basically, the real tough one for us is the police and...
UNIDENTIFIED SPEAKER: Police and fire is the really...
Mayor Suarez: Police and fire, that get pretty expensive and we just can't be
waiving that because we can't fund every program.
Mrs. Kennedy: That's the most expensive.
Mayor Suarez: OK, on the use of equipment, we have a motion, do we have a
second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
THEREUPON, on motion duly made by Vice Mayor Kennedy and seconded
by Commissioner Plummer, the City Commission unanimously agreed to
make City equipment, such as bleachers, snowmobiles and barricades
available to the applicant, at no charge, in connection with above -
sited event.
(NOTE: The parameters of the herein motion are contained in =
Resolution 88-83 above.)
Mayor Suarez: I don't think you're going to get anything more, but you can
try.
UNIDENTIFIED SPEAKER: Well, I do appreciate your efforts and I do understand
the Manager's position. You know, if there was some way that the City could
within itself go up to a limit on police and things like that and negotiate
that within, you can do much better than we can. I do understand the time and
a half and the different rates the police have, but right now, it's really
crippling us. This is a $400,000 event and we are within 5 to 7 percent of
hitting the target and since October there's been a plunge in our fortunes;
not surprisingly, given the economic situation, so it's by no means an
obligation of the City, I do acknowledge that. This is just a genuine request
O for help.
Mrs. Kennedy: I wish you lots of God, it's the first event we'll have on
Bayfront Park. God speed.
UNIDENTIFIED SPEAKER: Thank you for your time.
Mayor Suarez: Thank you for putting this together. As you probably heard,
some of the other presentations you've heard our financial situation, etc.,
etc.
215 January 14, 1988
4,
46 4
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79. DISCUSSION ITEM: REQUEST FROM HOPE PRE-SCHOOL, INC., FOR FINANCIAL
ASSISTANCE TO PROVIDE LOW INCOME FAMILIES WITH CHILD DAY CARE SERVICES.
Mayor Suarez: Item 97, Hope Pre -School, to request funds.
Mr. George Knox: Good evening, Mr. Mayor and members of the Commission.
Mayor Suarez: I was wondering what you were doing here sitting all this time.
Mr. Knox: I am here at the request of the principals of the Hope Pre -School
for the purpose of requesting that the City Commission assist the Hope Pre -
School.
M:
Mayor Suarez: You're not asking for a lobbying contract?
Mr. Knox: No, sir, not this time. The Hope Pre -School is a...
Mrs. Kennedy: One less.
- Mr. Knox: ... lessee of Fire Station Number 9. I hope that you have seen it
recently and you would have noted that the persons who are operating the
school have spent approximately $200,000 in renovation and restoration of the
building alone along with around $15,000 worth of equipment. The pre-school
is scheduled to open in late February of this year and we are here to urge you
to assist that we have a student population at that time. As you know, the
target population is one that would not ordinarily be able to afford day care
services for the parents and our request is that you provide those services
consistent with your own policy and that you direct that resources be provided
in order to support 80 children. I believe that the prevailing rate is around
$40.00 per week per child. I might point out to you also that the Hope Pre -
School has made application to the Ford Foundation, is in the process of
preparing a petition to the United Way and Metropolitan Dade County and has
applied for so called Title 20, Child Development Services Funds, as well.
And our petition to you is that you would adopt a policy that would allow the
redirection of resources in order to provide support for 80 children. And I
can point out also that the facility has a licensed capacity for 115 children.
Mayor Suarez: How does this fit,- before you go too much farther and
seeing... Frank somebody,- how does this fit into our Community Development
funding of pre-school programs?
Mr. Frank Castaneda: No, as was stated in the past, you know, we funded
everything for social programs. Also remember, day care is not the top
priority of...
Mayor Suarez: Well, was it not? I mean we had said food and health and then
come to the conclusion that day care sort of felt...
Mr. Castaneda: Day care came in the back door.
Mayor Suarez: Well, no, because it really fell under both.
Mrs. Kennedy: No.
Mr. Plummer: No, day care was taken out of that and funded for the City of
Miami operated day care and guaranteed.
Mayor Suarez: Anyhow, when does that process begin?
Mr. Castaneda: You know, the process is beginning now. I'd like to point out
to the Commission, however, that Community Development is being cut by about
5.2 percent, that represents about a cut of $600,000 that transferred to a cut
about of $90,000 in funds for social programs and we are at the top. You
know, everybody is coming in asking for money and you open...
Mayor Suarez: We have the same number of people as last year? Don't we have
less from year to year?
216 January 14, 1988
Mr. Plummer: No, you'll have more. You'll have many, many...
Mrs. Kennedy: See, that's the problem that I foresee that there's a
tremendous need in our community for day care centers, especially in the
Haitian community. But we don't even have resources to fund our own day care
centers.
Mr. Knox: is it possible that, I don't know, perhaps Frank can speak, I
understand a couple of things. Number one that the department may be in a
position to reallocate resources considering, for example, that the City is
_ the lessor of this facility and considering the enormous expenditure, private
expenditure, that has gone into enhancing the value of essentially a City
property, number one. And number two, I can't speak with certainty, but it is
my understanding that some of the funds may have been used in capital
expenditures other than human resource fulfillment and, if that's the case,
then that wouldn't, perhaps, be an opportunity to reprioritize the allocation
of those funds if that is the case. But, I hate to be third on the list of
alarmists, but the fact is that we could have a facility opening to serve the
City of Miami residents almost as an agent of the City in the area of child
care services and it's not going to even have a population with which to
operate itself.
Mr. Dawkins: Where is it located, Counsel?
Mr. Knox: 7165 N.W. 1st Avenue - 7561 N.W. 1st - N.E. 1st Avenue.
Mr. Plummer: George, you know...
Mr. Dawkins: What are the predominant people who live around there?
Mrs. Kennedy: Haitians.
Mr. Knox: The predominant population is the Haitian population and Puerto
Rican.
Mr. Dawkins: All right, how much money does Community Development have
allocated to the Haitian area for Haitian children? For the Haitian day care?
Ms. Francena Brooks: We provide some funding to CCS for operation of the
Notre Dame Child Care Center, the one that used to operate out of the Overtown
Day Care Center at the Fire Station at North Miami Avenue and 14th, relocated
to the Notre Dame site, and that's about twenty-three, twenty-four thousand
and that's the only one in that particular neighborhood.
Mr. Plummer: Lemon City.
Mrs. Kennedy: Lemon City.
Mr. Dawkins: Twenty...
Me. Brooks: And Lemon City. Those are the City operated, but his question, I
thought, referred to the CD funds to not for profits.
Mr. Dawkins: So, we're putting $23,000 into the Haitian community, that's
all, right?
Ms. Brooks: Yes.
Mr. Dawkins: All right and how much money...
Ms. Brooks: For day care, for day care.
Mr. Dawkins: ... for day care.
Ms. Brooks: Right.
Mr. Dawkins: OK and...
Ms. Brooks: We also fund HACAD.
Mr. Dawkins: Ma'am?
217 January 14, 1988
1"
i
Ms. Brooks: We also fund HACAD.
Mr. Dawkins: HACAD.
Ms. Brooks: Haitian American Community Association of Dade County.
Mr. Dawkins: They have a day care center too?
Ms. Brooks: No, no, they do not.
Mr. Dawkins: Well, I'm speaking right now to day care.
Ms. Brooks: No, day care it's only the Notre Dame site.
Mr. Dawkins: All right and the money starts when for the next funding?
Ms. Brooks: July 1.
s
Mr. Dawkins: Mr. Frank Castaneda, when you come in here July 1, if you do not —
allocate some money for them, then, at the Commission level, I will attempt to
reallocate some money.
Mr. Castaneda: Let me explain the problem from a technical point of view. We
fund a day care approximately five blocks away which is Notre Dame.
Mr. Dawkins: What is overcrowded.
Mr. Castaneda: Yes.
Mr. Dawkins: It's overcrowded. OK, it's overcrowded. So what are they
supposed to do, stop having babies?
Mrs. Kennedy: Frank, you know what I would like is in one week, I'd like to
see a report - remember that resolution that we passed about six months ago
for $100,000 to repair the day care centers? I don't think anything has been
done. OK, Kevin. We were supposed to fix the roofs and paint the walls and
yes...
Mr. Kevin Smith: Yes, Commissioner, we've started working a bit on the roofs
and we've been doing a lot of the outside work such as trimming the trees back
and cleaning the areas up. We're working right now with General Services to
put together the estimates and be able to start the renovation process.
Mrs. Kennedy: I'd like to see an up-to-the-minute report on what you have
done, please. Thank you.
Mr. Smith: Be very happy to give it to you, certainly. Sure.
Mr. Knox: I think it's our understanding that the Commission at least has
adopted a policy of support for the operation of the Hope Pre -School in Fire
Station Number S and that - number 9 - I'm sorry and that there's a reasonable
expectation that there would be significant support from the City when the
submission is made to the Commission on July 1st respecting the operation of
the center.
Mr. Plummer: Well, George, so that there's no misunderstanding, first of all,
let me put on the record when these people came here for the use of that
facility, it was explained to them we had no money for operations, that's
number one. Number two, this Commission, for two years now, has had a policy
of no new funding of new programs so, you know, that policy's going to have to
be broken to allow them in the door. Now, I heard Commissioner Dawkins and I
heard him well. The fear always is, when you reopen that door, the floodgates
open and I think that's what's going to have to be...
Mr. Dawkins: I agree with Commissioner Plummer but when they have that
election in Haiti Sunday, there's going to be a flood of Haitian refugees and
we have to get some money from the federal government and we may as well
allocate some of that money to day care.
Mrs. Kennedy: Let me ask, where would that money be coming from?
218 January 14, 1988
Mr. Castaneda: Some other social program being funded, you know, Community
Development, you know...
Mr. Plummer: Something else is going to have to give.
Mrs. Kennedy: Something else is going to have to give that's...
Mr. Plummer: You're down now to - if you give them money...
Mr. Castaneda: I have to cut it from somebody.
Mr. Plummer: You've got to cut a food program.
Mr. Castaneda: And I have to make up $90,000 that I'm losing for social...
Mr. Odic: Commissioner.
Mr. Dawkins: We'll find the money.
Mr. Odic: We'll find the money.
Mr. Dawkins: And thank you, Counsel, for - I'll have to tell Mr. Plummer that
this is pro bono. George isn't getting paid, Plummer.
Mr. Plummer: Well, he has the two year waiver and we'll see he gets some City
business.
Mr. Knox: I've been away from this City for too long.
Mayor Suarez: No wonder you look so prosperous.
Mr. Knox: Thank you very much, Mr. Mayor and members of the Commission.
Mayor Suarez: Thank you, George.
80. APPOINT LARRY HANDFIELD TO THE MIAMI RIVER COORDINATING COMMITTEE.
------------------------------------------------------------------------------
Mayor Suarez: Item 98.
Mr. Plummer: Who served on that?
Mr. Odic: John Hall resigned from that committee.
Mr. Sergio Rodriguez: John Hall resigned from the committee and he sent a
letter saying that is not interested in serving any more. There were three
appointments made by the Commission. Commissioner Kennedy appointed Monty
Trainer, Mayor Suarez appointed Huber Parsons and Commissioner Dawkins
appointed John Hall. Now you have to make another appointment again and you
have to decide among yourself who will make the appointment.
Mr. Dawkins: Well, since they would not accept my nominee on the Off -Street
Parking, Attorney Handfield, I'll nominate him to the - what board is its
Mayor Suarez: Miami River Coordinating Committee.
Mr. Dawkins: Miami River Coordinating Board.
Mr. Plummer: I move the names - I assume you two want to renominate your
people.
Mr. Rodriguez: You don't have to, I mean, this is a stagger...
Mayor Suarez: Huber Parsons, I think, is an ideal person for that. I mean,
you know...
Mr. Plummer: Oh, I agree.
Mayor Suarez: ... you know Huber.
219
January 14, 1988
Mr. Rodriguez: You don't have to renominate and they're already appointed for
two years. The only one who's terms expired was this appointment...
Mr. Plummer: John Hall.
Mayor Suarez: John Hall.
Mr. Rodriguez: John Hall.
Mayor Suarez: OK, and we have a nomination to replace John Hall, sounds good
to me. Larry Handfield acceptable?
Mrs. Kennedy: Acceptable.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 68-84
A MOTION APPOINTING LARRY HANDFIELD TO THE MIAMI RIVER
COORDINATING COMMITTEE FOR A TERM OF THREE YEARS.
(NOTE: MR. HANDFIELD WAS NOMINATED BY COMMISSIONER
DAWKINS.)
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.
81. REFER TO ADMINISTRATION THE REQUEST FROM WOODY CHARLES FOR A CODE
AMENDMENT WHICH WOULD ALLOW ISSUANCE OF SPECIAL PERMITS FOR CLUB
FUNCTIONS AND DOMESTIC ANIMALS IN CITY PARKS.
------------------------------------------------------------------------------
Mayor Suarez: Ninety-nine. Special permits for club functions in City parks;
said permit also allowing domestic animals.
UNIDENTIFIED SPEAKER: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Woody Charles: My name's Woody Charles, 6755 S.W. 53 Street and...
Mr. Plummer: Would you give me that address again?
Mr. Charles: 6755 S.W. 53 Street.
Mr. Plummer: Just to establish the record, you're not a resident of the City.
Mr. Charles: I am not a resident as this...
Mr. Plummer: Thank you.
Mr. Charles: I had a permit representing South Florida Trail Riders with the
Parks Department to utilize the old county park site at Virginia Key for a
club picnic. The area is 77 acres, approximately, with 3,000 feet of beach
front. It is a closed park which means the gates are locked. They are only
open upon special permit where the applicant pays an assessed fee to utilize
220 January 14, 1988
the park for the term specified in the permit. The park has picnic
facilities, shelters, barbecue pits and a large field area.
Mrs. Kennedy: Question, are the horse paths in?
Mr. Charles: There's no horse paths yet.
Mrs. Kennedy: No horse paths, that's what I thought.
Mr. Charles: That's another point I want to touch on. All right, the last
time that anyone secured a permit for that area, I was told, was late
September or possibly early October so the area has been dormant since that
period. The main thing with the Parks Department is the animal control
ordinance. The Parks Department feels that they do not have the power to
Issue the permit to the club allowing the club to also bring horses onto the
property even though we are insured ,ralr liability at club functions and they
said the only way that this matter could be resolved would be to go before the
Commission to see if the Commission would either grant the permit or give
guidelines to the Parks Department that would give them the power to, on a
permit basis, allow or deny an organization to bring in animals in a closed
park area.
Mr. Plummer: Mr. Manager.
Mr. Odio: Well, as part of the master plan of Virginia Key, the horse stables
and riding ring was considered and is considered, the problem is, right now,
we are not prepared for that until we come out with the RFPs and whatever, and
the code prohibits us from allowing animals in the parks. So the code would
have to be changed before we can authorize this.
Mr. Plummer: And that takes a referendum.
Mr. Odio: And that would take a referendum.
Mr. Plummer: So we're powerless to act.
Mr. Odio: That is correct, sir. You can order us to or the City Attorney to
proceed in the changing of the code but...
Mr. Charles: I would like to see the code changed to follow the County code
and they have a provision in 26-1, Rule 16, Horseback Riding, that then lays
out the guidelines for where horseback riding can be participated in the Parks
Department and the parks area and recreational areas and also gives guidelines
to where you cannot have horses and what you're not supposed to be doing
riding green horses or not on the trails or other areas that not designated
for that type of use. At this time, I also would like to make the
recommendation that the Parks Department look into utilizing the service roads
on the north and west side of Virginia Key that are not being utilized at this
time; there's about three and a half miles of existing service road that's
closed to the public and has no function at this time, that, with just minor
maintenance, could be turned into a multi purpose trail for not only horseback
riding but also for hikers, joggers and it would not really entail a major
expense. As I say, there's a minor part of the road that needs some
maintenance where 4-wheel drive vehicles have been back in there and torn it
up.
Mr. Plummer: No, you have to do it by referendum. Code.
INAUDIBLE COMMENTS.
Mrs. Kennedy: And then, what if we change the code and we do it on a trial
basis, who would take care of the maintenance, are we prepared to do that?
Mr. Odio: Maintenance of the...
Mr. Plummer: The cleanup.
Mrs. Kennedy: Of the horses...
Mr. Odio: Of the shovels...
Mrs. Kennedy: Yes.
221 January 14, 1988
Mr. Odio: We'll have to create a shovel brigade.
Mayor Suarez: Of the trails.
Mr. Charles: There basically is not much maintenance to a trail.
Mayor Suarez: Where's Sergio?
Mr. Charles: You're worried about the horse droppings.
Mayor Suarez: This in on Virginia Key, right?
Mrs. Kennedy: Drop - well, that's what I meant to Day, thank you.
Mr. Odio: Virginia Key.
Mr. Charles: OK.
Mayor Suarez: This is in accordance with the master plan, Sergio?
Mr. Charles: Yes, the master plan does...
Mayor Suarez: No, you're not Sergio. Are you Sergio? Is this in accordance
with the master plan? It sounds like it...
Mr. Sergio Rodriguez: It would allow to have some horse facilities. The only
program that we have in that area, as you know, there have been some testing
in the area that shows some environmental problems and I think that you might
be exposing yourselves to some possible liabilities. Until you get that
resolved, you shouldn't take an action.
Mr. Plummer: Exposure. That gas problem.
Mrs. Kennedy: That what?
Mr. Plummer: That gas underneath...
Mayor Suarez: Testing of what, I'm sorry?
Mr. Rodriguez: The area that is where we had the dump site before. Serious.
Mayor Suarez: What do you think?
Mr. Charles: Do we have a public beach over there?
Mayor Suarez: Could have sworn we had a beach over there.
Mr. Charles: OK. Do we have a county treatment plant with employees over
there?
Mayor Suarez: I'm pretty sure that we have that too.
Mr. Charles: Do we have a live person at a toll booth over there?
Mayor Suarez: He was live last time we looked.
Mrs. Kennedy: The last time we talked to him.
Mr. Charles: I've run into people saying that there's a problem with flies,
there's an environmental impact area but yet you can have the Unlimited
Hydros. You have an area...
Mayor Suarez: That was planned, right? You and I planned that.
Mr. Charles: You're right. We have an area over there that, with very
little, you can open it up to an equestrian activity.
Mayor Suarez: Would you - how about this, how about this, because this is
really an argument that we should be carrying out within staff. Would you
recommend something to us for the next Commission meeting on this? It sounds
to me like a doable thing, without anybody dying or any liability being
222 January 14, 1988
incurred. For myself, I don't know about the rest of the Commission, it
sounds to me like something that can only benefit.
Mrs. Kennedy: I'd like to hear from the staff by the next Commission meeting.
Mayor Suarez: How about a report back to the next... work with them, please.
Mr. Charles: Thank you.
Mayor Suarez: OK, so moved. Do you want to make it into the form of a
motion?
Mrs. Kennedy: Sure, I move it.
Mayor Suarez: Somebody want to second it, Commissioner Plummer?
Mr. Plummer: Second it.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-85
A MOTION REFERRING TO THE ADMINISTRATION
REQUEST
RECEIVED FROM WOODY CHARLES FOR CODE AMENDMENT TO
AUTHORIZE THE DIRECTOR OF PARKS & RECREATION
TO ISSUE
SPECIAL PERMITS TO ALLOW CLUB FUNCTIONS AND
DOMESTIC
ANIMALS IN CITY PARKS; FURTHER REQUESTING
THE CITY
MANAGER TO COME BACK WITH A RECOMMENDATION.
Upon
being seconded by Commissioner Plummer, the motion was passed and
adopted by
the following vote:
AYES:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
None.
------------------------------------------------------------------------------
82. BEGIN STEPS TO OFFER PROPERTY AT 1145 N.W. 1ST STREET AS SURPLUS
PROPERTY TO THE GENERAL PUBLIC.
-----------------------------------------------------------------
Mayor Suarez: Item 100, Municipal Justice Building.
Mr. Odio: We want to have a policy decision and we should proceed on this...
Mr. Plummer: I move that the administration start in entering into the aspect
of offering that property as surplus for sale to the general public.
Mrs. Kennedy: Second.
Mr. Dawkins: And that you get a... under discussion...
Mr. Plummer: Sure.
Mr. Dawkins: I want it appraised and when you offer it, you offer it at the
minimum we will accept.
Mr. Plummer: Oh, yes.
Mr. Odio: The one thing I - one of the things we like to do when we - talking
to Sergio that if we rezone the property prior to selling so that...
223 January 14, 1988
Mr. Dawkins: I have no problem with that.
Mr. Odio: The attempt to rezone the property.
Mr. Dawkins: OK.
Mayor Suarez: OK, do we need a motion on that or is...
Mr. Dawkins (Off mike): Twenty, I want twenty next.
Mr. Plummer: I made a motion.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: Rosario.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-86
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO BEGIN STEPS TO OFFER THE PROPERTY LOCATED AT 1145
N.W. 1 STREET AS SURPLUS PROPERTY FOR SALE TO THE
GENERAL PUBLIC; FURTHER DIRECTING THAT THE PROPERTY BE
APPRAISED, AND FURTHER REQUESTING THE CITY MANAGER TO
COME BACK WITH HIS RECOMMENDATION.
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.
----------------------------------------------------------------------------
63. INSTRUCT CLERK TO AMEND RESOLUTION 88-50 CONCERNING FORT DALLAS
RESTAURANT. (SEE LABEL 35.)
Mayor Suarez: 101.
Mr. Plummer: Mr. Mayor, can I revert back to the Ft. Dallas that we passed
earlier in the day and we failed to fill in a blank and giving them thirty
days to produce financial records. If you'll include that in the blank,
thirty days, please.
Mayor Suarez: Is that a motion?
Mr. Dawkins: Well, that's number 21. That's item 21, J.L.?
Mayor Suarez: What item was that?
Mr. Plummer: No, that was on the Ft. Dallas restaurant. It was a pocket
item.
Mrs. Kennedy: Did you second that, Miller, or if not, I'll second it.
Mr. Dawkins: Second, I second.
224 January 14, 1988
Mr. Plummer: No, no, there was a blank left, Miller, and we didn't fill in
the blank for the thirty days.
Mr. Dawkins: Second, whatever it is, I'll second. Seven fifty, I got an hour
and ten minutes.
Mayor Suarez: OK.
Mr. Plummer: Claughton Island.
Mayor Suarez: Claughton Island, item 101.
Mr. Dawkins: Did we ever do...
Ms. Hirai: Do we call the roll on that, Mr. Mayor? Do we call the roll on
that?
Mr. Dawkins: Yes.
Mayor Suarez: Call the roll on that prior motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-87
A MOTION INSTRUCTING THE CITY CLERK TO AMEND
PREVIOUSLY PASSED RESOLUTION NO. 88-50 CONCERNING THE
FT. DALLAS RESTAURANT BY INSERTING THE WORDS "30 DAYS"
IN THE BLANK SPACE PROVIDED THEREIN.
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.
Mayor Suarez: He's talking about filling in the blank, I drew a total blank.
I don't even know what it was about.
84. DISCUSSION AND DEFERRAL OF PROPOSED ACQUISITION BY THE CITY OF PROPERTY
GENERALLY LOCATED BETWEEN N.W. 1ST AVENUE AND N.W. 2ND AVENUE AT N.W.
34TH TERRACE. (SEE LABEL 15)
Mr. Dawkins: Did we do 21?
Mayor Suarez: What was 21, Commissioner?
Mr. Plummer: 21...
Mr. Dawkins: They were supposed to bring something back.
Mr. Odio: It was the purchase of the properties in Wynwood for the
development of Clemente Park.
Mr. Dawkins: And you were supposed to bring...
Mayor Suarez: Of the park.
Mr. Odio: We have some information here now.
225 January 14, 1988
Mayor Suarez: Do we know what the appraisal value is for the tax appraiser
for the property in question?
Ms. Susan McKay: We haven't done any appraisals yet, that's what this
resolution will do.
Mr. Dawkins: Oh, well then, bring...
Mayor Suarez: That's... no, no, no, no, please.
Ms. McKay: You want assessed?
Mayor Suarez: We're going backwards here, no, no, no, no, no, no. Let's
not...
Mrs. Kennedy: Twenty-one was a companion item to 42.
Mayor Suarez: It's not your fault, but no rookies on this now.
Ms. McKay: OK, I got it.
Mayor Suarez: Come on, we've been involved in this all day.
Mr. Odio: It's assessed value.
Ms. McKay: The total... there is twelve lots, eleven of the twelve lots are
50 x 100, there's one lot that's 54 1/2 x 100. The total assessed value of
the twelve lots is $360,314.00.
Mayor Suarez: That's the entire property that we were planning to...
Ms. McKay: That's the assessed value of all twelve lots.
Mr. De Yurre: Who was talking about $750,000?
Mr. Odio: That was the estimated amount that it would cost to buy the
property out.
Mr. De Yurre: But, right now it's half.
Ms. McKay: Right, the assessed value...
Mr. Odio: But that's the assessed value.
Ms. McKay: The assessed value is considerably lower than what the appraised
value would probably turn out to be.
Mr. Plummer: Don't say that on the record.
Mr. De Yurre: It's not double, it can't be double.
Ms. McKay: The $750,000 figure was provided to the Gerrits Company by Mr. Ed
Stone and I don't know how he arrived at that amount.
Mr. De Yurre: What I want to know also is, those four properties that Gerrits
has, what they bought it for. OK, that's something I want to know. I don't
want this to become a bonanza for somebody could come in and buy up the whole
block and then turn it around and sell it at a profit and make a killing on
us. OK? I want to protect ourselves as far as that's concerned.
Mr. Plummer: Back to Claughton Island.
Mayor Suarez: I gather that we're not ready to vote on item 21 today?
Mr. De Yurre: No.
Mr. Plummer: No.
Mayor Suarez: And I'm hearing a motion to defer.
Mr. De Yurre: Defer a motion.
226
January 14, 1988
a
Mr. Plummer: Yes.
Mrs. Kennedy: So move.
Mayor Suarez: Move to defer, do we have a second?
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
THEREUPON, the City Commission on motion duly
made by Commissioner De Yurre and seconded by
Commissioner Kennedy, deferred consideration of
the above matter 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.
DISCUSSION
85. DISCUSSION AND DEFERRAL OF CLAUGHTON ISLAND PROPOSED HOUSING PROJECT
NEAR VIZCAYA METRORAIL STATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 101..
Mr. Hernando Carrillo: Mr. Mayor, Commissioners, my name is Hernando
Carrillo. I'm at 300 Aragon in Coral Gables. I'm here to give you an update
- on the events that are now occurring at the Vizcaya housing site. Briefly,
I'd like to bring you up-to-date. The building into which I entered a
contract with Swire and which was presented to you was originally a seven
story building. At the time of presentation to the Commission, the Commission
directed us to seek the appropriate zoning around the rapid transit station so
that the building could be built and after a lengthy rezoning process, where
we closed the street, went through a replatting, prepared drawings for the
sewer rerouting and proceeded with the final replatting and rezoning and we
then presented our plans to the City of Miami Planning Department for their
review. Upon the review and presentation of the Planning Department, it
e indicated that the building must conform to the existing neighborhood zoning
' and that they currently had to plans at the moment to create the transit zone
that was originally indicated by the stationary development plan. As a
result, we had to redesign the building to comply with the existing
Is neighborhood setback ordinances and what emerged was a 13 story building
instead of a 7 story building after that, we went out for bids. When we went
out for bids for the 13 story building, we received 6 bids, five of which were
very close in the area of $150,000, but all of them considerably over the
budget that was originally proposed there. For the past seven months, I have
been redesigning the building and working with the low bidder, De Land
Construction, to try to bring the construction price down to a agreeable
level. However, at this date, I'm still considerably over budget and I'm here
to tell you at the moment that the way things stand, I cannot do the building.
The original, as you'll notice in the papers I handed to you, the original 8
story building that was designed had an approximate construction price of
somewhere in the area of 3.5 million dollars and the 13 story building that
later emerged from the design process, had a bid of 4.6 million dollars from
DeLand and, they, I understand, reduced that bid in the construction, in the
redesign process, to 4.1 million which is a letter that I think DeLand
Construction - 4.1, four million, one hundred and twenty-three thousand
($4,123,000), which is a letter of January 5th which they sent to the City
Manager regarding that. I understand also that Swire has indicated that they
we
227
January 14, 1988
were willing to provide some type of money to the second mortgage program of
the City and I'm willing to provide all of the plans, all of the studies, all
the tests and programs that have been generated to get us this far to the
City, but I really, I'm at the end. I've got a project currently that's way
over budget and I can't make it work. I've trimmed everything I could out of
the building.
Mr. Odio: I just have one question. They did have a change of zonification,
I wonder what that did to the...
Mr. Carrillo: Pardon me?
Mr. Odio: You did apply for a change in zonification and obtained that...
Mr. Carrillo: No, we applied for a change of zoning and received it. The
problem with the change in zoning was that the entire area didn't change.
Mr. Odio: But, then, a variance to build there.
Mr. Carrillo: No, there was no variance.
Mayor Suarez: Well, I think what the Manager's getting at is the change of
zoning would have made the whole project more viable, not less viable.
Mr. Carrillo: Well, the change of...
Mayor Suarez: And more valuable too.
Mr. Carrillo: I'm not suggesting...
Mayor Suarez: No...
Mr. Carrillo: ... I'm not suggesting that it's not valuable. I'm suggesting
that we went for a zoning change and received it.
Mayor Suarez: Right. And we took a lot of beating on that zoning change...
Mr. Carrillo: I'm aware.
Mayor Suarez: ... but we thought it was part of a three project City of Miami
affordable housing.
Mr. Carrillo: I'm aware of that. When the zoning change occurred, what
happened was that our property was rezoned, but the rest of the neighborhood
remained in a residential single family situation.
Mayor Suarez: That's what most people want, you know. Most people want their
property to be rezoned and the rest to remain the same.
Mr. Carrillo: In this case, everybody in the neighborhood, I think, was
wanting to have the entire area rezoned to transit, but it wasn't. The entire
neighborhood wasn't rezoned to transit.
Mayor Suarez: Right, that's true. It was envisioned that more than one
property would be rezoned, but in this case, one was.
Mr. Carrillo: Exactly, exactly. But, anyway, my point is that we went in, we
got a rezoning, we got the street clos...
Mrs. Kennedy: OK, refresh my memory a second. With the rezoning change, you
went from 8 stories to 13.
Mr. Carrillo: Yes.
Mrs. Kennedy: OK.
Mr. Carrillo: The reason we went from 8 to 13 is because the rest of the
neighborhood wasn't changed. We had to comply with the setbacks and
regulations that are applied to single family and duplex residences around us.
Mr. Plummer: Why?
-' 228 January 14, 1988
Mr. Carrillo: Well, because the way we had designed the original building, we
were looking at it in terms of transit zoning which was what was indicated by
the stationary design plan which was originally looked at when that rapid
transit station went in there.
Mr. Plummer: So, where do we go from here?
Mr. Odio: What is the amount of dollars you said you were over budget?
Mr. Carrillo: I didn't.
Mr. Odio: Could you say?
Mr. Carrillo: I said I was substantially - currently, we're looking probably
in the area of five to six hundred thousand dollars.
Mr. Odlo: Oh, that should be easy to - I mean, I don't believe that...
Mr. Carrillo: Mr. Manager, I'm not - I don't know that anything's easy. What
I'm telling you is that at this moment, I'm over budget and I can't do the
project. Now, if the Commission has some other ideas or there are other
proposals on the table, I'm not trying to be obstructive, I'm certainly...
Mr. Odio: Yes, but the City of Miami, it was promised a building when the
Swire deal came down and we expect to have a building. And I'd like to see if
my people can get with your's and look at your proposed building and budget
and I still don't understand why you have to go from 8 to 13 floors so we need
to look at your project. Because we were promised a building and I think
we're entitled to get a building.
Mr. Carrillo: The reason that I'm at 13 floors is because I have to comply
with the building setbacks in the neighborhood.
Mr. Plummer: The question is, I guess, the Manager's asking, do you really
have to?
Mr. Carrillo: If I don't...
Mayor Suarez: Do you really have to - I'm sorry, do you really have to what?
Mr. Plummer: Comply with the setbacks. Which forced him from 8 to 13.
Mr. Carrillo: Sure, otherwise, there's going to have to be variances or the
entire neighborhood has to be rezoned.
Mr. Odio: I'm getting the feeling that this building doesn't want to get
built.
Mr. Carrillo: No, you're getting... you're not...
Mr. Odio: All I'm saying is, we were promised by the Swire Company this would
be built...
Mr. Carrillo: I'm not Swire.
Mr. Odlo: ... and we want it built.
Mr. Carrillo: I'm not Swire.
Mr. Odio: Yes, but you...
Mr. Carrillo: I am telling you that I went out for bid on a project. I have
a bid of 3.5 million dollars on an 8 story building and I have a bid for 4.6
million dollars on a 13 story building, which has been reduced to 4.2 million
dollars...
Mr. Odio: Well, we need to look at your 13 floors.
Mr. Carrillo: Pardon me?
Mr. Odio: We need to look at your 13 floors, that's what I'm saying.
�1
229 January 14, 1988
s
Mr. Carrillo: And I'm telling you that I cannot build a building for today
because I'm over the budget.
Mr. Odio: Well, then let's get you down to your budget.
Mr. Carrillo: I'm telling you that I can't build a building. Do you have -
if you have any suggestions, I'm willing to listen to them.
Mr. Plummer: What the Manager's saying, you can build the building if it's 8
floors at 3.5.
Mr. Carrillo: I don't know that I can today. The bid - wait let me finish,
please, the bid that I received for 3.5 million dollars is August 25, 1986.
Mr. Odio: I don't know why I have the feeling that nobody wants to build this
building.
Mr. Plummer: Swire never offered to give them the money.
Mayor Suarez: Counselor, I assume you're being paid, in which case, I assume
you have filled your registration form with the City.
Joe Portuondo, Esq.: Yes, I have Mayor and I've been here all day and the
meter's been ticking. Mr. Mayor and Commissioners, in response to Mr. City
Manager, first of all, let me say, my name is Joe Portuondo and I represent
nizcatran Ltd. and Mr. Juan Delgado who is the owner of the property in
question here and I only want to stand here and answer one question which is
asked by the City Manager and that is, that he has some impression that the
building is not in the process now of going forward and you somehow have a
hint that there is no interest in putting the building up. I want to say that
my client is interested in putting the building up and has been so since
December of 1985. Now I've just heard Mr. Carrillo stand up there and talk
about accepting bids and what have not. Mr. Carrillo's role in this
transaction originally was that he was our trustee. He represented us, but
that relationship terminated over a year ago by his own doing. He terminated
the trust. And, therefore, I don't understand Mr. Carrillo what he stands
before the City Commission and talks about going out there and accepting bids.
Now, as far as my client is concerned, maybe he can explain the situation,
maybe he can provide an accounting of where the funds have been and why
certain variances haven't been requested. But, as far as my client's
concerned, we don't care if it's Swire Corporation, we don't care if it's Mr.
Carrillo, and we don't care if it's somebody else. We want that building to
go up and my understanding, before I came here tonight, is that there is a
third person who appears willing to step into the shoes or, if not, enter into
the relationship and get the building built. My understanding is, as we sit
here right now, that the only thing that has to be obtained to go forward on
the construction of this building is the acquisition of some permits which
should not take more than a month or two and we can begin construction. And
I'll say that my client is prepared to meet the contract price that Swire
presently owns. That's 5.75 and, in fact, we might be able to do it a little
cheaper than that, but we want that building to go up.
Mrs. Kennedy: Are we saying that Mr. DeLand can build at the original price?
Mr. Portuondo: We can say that DeLand can build for 5.75 which is the
original price of Swire. Now, we're very flexible on the situation and maybe
you want to hear from the...
Mayor Suarez: And otherwise meet the requirements of the City vis a vis the
affordable housing component.
Mr. Portuondo: Absolutely.
Mayor Suarez: Which was what, Herb? What was the affordable housing aspect
of this? Herb. Help. Herb. How much of this project was supposed to be -
what percentage of the units were supposed to be affordable?
Mr. Portuondo: All of them.
Mr. Herb Bailey (Off mike): All of them.
230 January 14, 1988
a
Mayor Suarez: All of them. That, of course, that's not really what I call
affordable, but how affordable was affordable under that idea?
Mr. Bailey (Off mike): That was never established.
Mayor Suarez: That was never established?
Mr. Carrillo (Off mike): Affordable is affordable.
Mr. Herb Bailey: Swire, who had the obligation to buy the building...
Mayor Suarez: Well, what was your understanding of how affordable was
affordable?
Mr. Bailey: Well, the agreement just said that they had the option to sell or
rent at the conclusion of the acquisition from the developer.
Mayor Suarez: To sell?
Mr. Bailey: To sell or rent, yes, that was the agreement that was signed and
so it did not specify...
Mayor Suarez: To sell or rent, you could...
Mr. Bailey: Sell or rent.
Mayor Suarez: Oh, sell or rent, ch.
Mr. Bailey: Yes. So, there was never any indication...
Mayor Suarez: But no particular amount?
Mr. Bailey: There were no numbers.
Mayor Suarez: We had no idea of what - we had some idea of how that this was
supposed to...
Mr. Dawkins: We did not have anything. We sat here and voted it just like
he's telling it to you. We didn't have no idea. The agreement was that they
were built and Swire would pay $5,000,000 for them and then they had the right
to rent or sell. That was the agreement. And I kept telling you then, we let
them off the hook, we're sitting up here now, letting them off the hook...
Mayor Suarez: We're not letting anybody off the hook.
-- Mr. Portuondo: Well, I hope not.
Mr. Plummer: Well, I think the big question that's not been asked or answered
is the obligation of Swire to this company but not to you or to your client.
Can that obligation of Swire to purchase - to lease or to rent or to sell, is
there any negotiations been that they will transfer that right to you?
Mr. Portuondo: They don't have to do so, Commissioner. As the contract
stands right now, we are in direct privity with them. They entered into a
contract with Mr. Carrillo as trustee for us. Since then, Mr. Carrillo has
INS_ resigned. Swire's Corporation's contract has always been with my client and
we're perfectly willing to go forward and build that housing and let Swire buy
- it and sell it like they were supposed to.
Mr. Odio: May I ask him a question? Are you willing to build this building?
Is that what you're say?
Mr. Portuondo: Absolutely, absolutely.
Mr. Odio: With the budget that we have?
Mr. Portuondo: 5.75, yes.
Mr. Odio: And then, if we have it out of the ground by May 15th, Swire's
obligations stands, is that correct, attorney?
Joel Maxwell, Esq.: The agreement calls for final completion by May 15th.
231 January 14, 1986
Mr. Odio: Or fight it but I think we can tell Mr. Swire...
Mr. Maxwell: What I would suggest the Commission do is...
Mr. Portuondo: I think that's a different issue that doesn't need to be
addressed today. I think the only issue that needs to be addressed today, I
mean, via a via Swire, if they want to come in and argue some legal obligation
via a via us, I don't think this City Commission is the place to do so.
Mr. Odio: No, but attorney, what he's telling me, if, by May 15th, the
building is not complete, Swire doesn't have an obligation to buy it.
Mr. Portuondo: That's not correct.
Mr. Odio: Well, that's what he's telling me.
Mr. Portuondo: But, in any event, that's not for the City Commission to make
a decision about...
Mr. Odio: Well, yes...
Mr. Portuondo: ... that's for someone else, between Swire and ourselves.
Mr. Odio: And you, OK.
Mayor Suarez: Let me clarify that point because I think we're all working
under the impression that Swire did have an obligation to deliver to the City
of Miami and to the ultimate buyers, if they're going to be buyers, if not, to
the City as renter, I guess, or at least to deliver in the sense that the
units would be rented in an affordable fashion, those units, on that site in
12 months. Am I not correct in understanding it that way because that's the
way I understood it at the time. In fact, that was the one part of the three
part commitment that seemed clear at the time, that could be done within 12
months. We were given all kinds of assurances...
Mr. Plummer: You ask him.
Mayor Suarez: ... that this would be no problem within 12 months. We may
have problems with the other two which now are almost completely constructed,
but this particular item of the three, this would be completed within 12
months, absolutely no problem.
Mr. Maxwell: There was some discussion on the record at the time the
resolution was passed that talked about delivery and within one year and the
agreement, in fact, called for completion by June 1st of 186 which would have
been substantially one year a little longer than that, but that was not part
of the agreement with Swire that the City had. That was not a requirement of
the City at that time.
Mayor Suarez: What was Swire's obligation, via a via the City in our 338 unit
plan then if not to deliver those units within 12 months, Counselor? Joel.
Mr. Maxwell: Well, there were two requirements that was bifurcated, one dealt
with the Liberty City and Little Havana sites at two twenty...
Mayor Suarez: I know about that requirement because that one's being met.
Mr. Maxwell: And the Vizcatran Vizcaya site call for Swire to purchase the
site and the houses upon completion and delivery by the developer to Swire and
then to sell or rent those...
Mayor Suarez: Weren't they, in effect, assuming the obligation also for the
building?
Mr. Maxwell: No, sir.
Mr. Plummer: No.
Mayor Suarez: Well, that's certainly the way I understood it.
Mr. Carrillo: Mr. Mayor...
232 January 14, 1988
Mayor Suarez: They assumed the whole obligation.
Mr. Dawkins: No, they did not assume nothing.
Mr. Plummer: Nope.
Mr. Carrillo: No, they didn't. I think the other issue that needs to be
clarified here is that the contract with Swire is not for five seven five, as
the gentleman is stating, the contract with Swire, at that January 23rd
Commission in order to effectuate the deal, we made a reduction, I think
Commissioner Plummer asked us to go out and discuss the issue with them. We
made a reduction with them for $200,000 dropping the contract down to five _
five and they have, subsequent to that, to crank up the project, they gave us
$100,000 to get the project cranked up. So the contract right now stands at
five four five.
Mayor Suarez: You know, really, from our perspective, we don't care about
your relationship with Swire. We thought that we were dealing with basically
with Swire and that they would deliver those units within 12 months, at least
that's the way I understood it.
Mr. Carrillo: Well, that's the way we thought we had it also, but it's not
that way.
Mayor Suarez: Well.
Mr. Dawkins: I don't know how all of you could think that when we sat right
here and I kept telling you over and over that Swire owed us $20,000,000 worth
of housing and that were letting Swire off the hook for 3.2 million dollars
and Swire promised us that they would buy that house and the language that is
in the resolution now was never the language that was said up here just as you
said, Mr. Mayor, but how it got to be the language, I don't know and I'm going
to say now, this City Commission gave the biggest plum that it ever gave out
to Swire when they allowed Swire, who owed the City $20,000,000 worth of
housing off the hook with 3.2.
Mr. Plummer: Correct your statement.
Mr. Dawkins: Correct it.
Mr. Plummer: I voted against it.
Mr. Dawkins: Well, then...
Mayor Suarez: I didn't understand that to be Swire's commitment either.
Mr. Dawkins: Well, J.L. Plummer and Miller Dawkins are the only two voted
against it.
Mayor Suarez: I didn't understand that to be Swire's commitment, I understood
Swire's commitment to be building initially 200 units of affordable housing on
the island...
Mr. Dawkins: That was never...
Mayor Suarez: That was the initial commitment which made no sense to me.
Mrs. Kennedy: That was the initial commitment.
Mr. Plummer: Yes.
Mr. Dawkins: No.
Mayor Suarez: Later, to help us put together 338 units of affordable housing
in three different sites. Of which two sites, frankly, made a lot of sense to
MO. One did not, which is this one. But, I understood that there was a
commitment to build on that site affordable housing by Swire.
Mr. Dawkins: The first thing they were supposed to do was put 200 units of
low income housing on Claughton Island and then they came here and that's
where I made the mistake. I said where you owe us 200 units of housing, put
233 January 14, 1966
50 units of housing in Little Havana, put 50 units in Wynwood, put 50 units in
Liberty City, and put 50 units in Coconut Grove. And I allowed Mr. Traurig to
tell me that it cost too much money and when I conceded I never was able to
get the upper hand again. Everytime Mr. Traurig came in here, he came in here
with less. He can every time and he kept coming back with less until he
finally got this Commission to let Swire off the hook for 3.2 million dollars
for $20,000,000 worth of housing they owed the City of Miami. And now, the
Mayor thinks that he heard them say that they were going to build this and now
they're off the hook with that.
Mayor Suarez: In fact, now that you mention that, I also saw a resolution
that I thought called very clearly for the building of these units within 12
months and the language seemed pretty clear to me.
Mr. Odio: Wait, I think he has... there are two important things here, we
want the units built. There is a provision in the contract that might help us
with Swire. They are not completely off the hook if we can move fast on this
and...
Mrs. Kennedy: OK, it's
Mr. Maxwell: Yes, there's probably a provision...
Mr. Odio: ... Juan tells me that he's willing to develop the whole project
with the amounts of money we're talking about so...
Mr. Maxwell: Excuse me, Mr. Manager, there is a provision in the contract
that Mr. Portuondo is probably alluding to that says if they have closed on
the construction loan and substantially began construction before the
expiration date, then the seller can go in for specific performance as a
remedy so if the contract is not totally dead, these would be that particular
provision. But they will not have completed it by May 15th, but they still
may be alive.
Mr. Portuondo: Excuse me, I think it's premature to start discussing whether
or not Swire Corporation is going to perform the contract. If, in fact, that
comes to pass, then we'll cross that bridge when we get to it and if the City
wants to intervene in a dispute...
Mr. Dawkins: This gentleman here is saying he'll go into court. So let him
tell me, what's our problem?
Mr. Portuondo: So what's the problem? If it becomes...
Mr. Dawkins: He say he's willing to go to court, what's our problem?
Mr. Portuondo: ... if it becomes, excuse me, if it becomes a legal situation
between us and Swire, the City has an interest. They can intervene if they
want to, I don't think they have to do that. So why discuss the issue now?
Mr. Maxwell: That is exactly the point that we're trying to make, Mr.
Commissioner and Mayors, again. What happens is that Mr. Carrillo and I
believe that's his name, indicated that he was ready and willing to build if
certain conditions were met.
Mr. Dawkins: OK, wait a minute. Mr. Carrillo say he wanted out.
Mr. Odio: He wants out.
Mr. Dawkins: That's what Mr. Carrillo says, he wants out.
Mr. Odio (Off mike): I understood he wants out. They are willing to build
it.
Mr. Carrillo: I said very clearly that I could not build the building for the
amount right now.
Mr. Maxwell: Well, I have the names mixed up. If they build, who ever
builds, I think if you get your construction loan and it's substantially under
construction, you may have a remedy against Swire to force them.
234 January 14, 1988
Mr. Portuondo: Well, 1 appreciate the advice, but, yes, certainly, we'll take
all action necessary to make sure.
Mayor Suarez: And let me say this, as long as we're all offering each other
all kinds of legal advice here...
Mr. Portuondo: That's what I was about to say.
Mayor Suarez: From the City's standpoint, we're not, you know, and not as an
attorney in any way, if any ambiguities in all of this need to be resolved by
having this Commission testify as to what we thought we were doing, to the
extent that's allowable, I'll say clearly what I thought we were doing which
is that we were getting a guarantee, not from Mr. Carrillo, and certainly not
from the owner of this property, I didn't even know who owned the property at
the time to tell you the truth, but from Swire to build these units on this
site within 12 months and I will so state for the record and...
Mrs. Kennedy: Uh huh.
Mayor Suarez: ... I think, I hear the Vice Mayor saying that's what she
understood and, you know, it's up to you to figure out to what extent that can
_ be evidence in the case but that's what I understood we were doing. I really
_ have no beef at all, no problem at all with you guys. I guess you tried to
meet your obligations. But Swire made a commitment to build those units on
this site and how they solve that, it's up to the lawyers, I guess, and the
City at some point may or may not want to intervene, but for our...
Mrs. Kennedy: You know what's the problem here? That we have too many
different people on the same structure.
Mayor Suarez: And the concept that we're not a third party beneficiary, I
will say, I thought I read that in some legal opinion, I just want to say, I
don't consider us a third party at all in all of this. I consider us a first
party. We were the contracting entity with Swire. We were to be benefited
directly. We were - now I'm getting into legal - anyhow, I thought we were in
privity, I thought we were the people that the commitment was made to. So
It's not an issue of third party beneficiary. They made a commitment to build
these units on this site. It was probably not a very wise commitment on the
part of many people, but we've made that commitment there you have it.
Mr. Portuondo: I have nothing further, Mayor.
Mayor Suarez: I gather everybody's left to their own legal devices. Yes,
sir.
Bob Smythe, Esq.: My name is Bob Smythe, I'm with the law firm of Mershon
Sawyer. Yes, this is a little bit low for me.
Mayor Suarez: Bob Smythe.
Mr. Smythe: Yes.
Mayor Suarez: The basketball player.
Mr. Smythe: Formerly, formerly.
Mayor Suarez: Frown a moustache and gotten a little heavier.
Mr. Smythe: A lot heavier. With the law firm of Mershon Sawyer in downtown
in the Southeast Financial Center. And I represent Victory Investment, joint
venture.
Mrs. Kennedy: Who is?
Mr. Smythe: Who is an interest we have been - that group has been dealing
with members of the City, Mr. Bailey, in particular, and Mr. Delgado there.
We believe that there's some opportunity if Swire does not elect to go forward
_ with the low income housing, that we have a very good possibility of being
able to provide the financing to accomplish the affordable housing. Now,
we've been dealing with a group out of Boston to accomplish the financial
means. There's still several issues that need to be worked out and we were
here tonight to find out what Swire's intent was and I guess I'm still not
235 January 14, 1968
sure since nobody from Swire has spoken yet, but we did want to advise the
Commission that we've been making th* effort for the last six weeks to find
the means to provide the City this housing.
Mr. Plummer: Where are we?
Mayor Suarez: It sounds like everybody's going to wait for somebody to take
legal action. Does the Commission have any action to be taken today on this
matter, Mr. Manager, that you're recommending?
Mr. Odio: Well...
Mr. Plummer: Why don't we send it to the Manager to see if he can come up
some plan to salvage.
Mr. Odio: Well, I guess I'd like to see the units built. If Delgado's
willing to develop the property and then we can - we have that provision in
the contract with Swire that might help and I also think we should talk to the
Swire Company tomorrow and they have a moral obligation. I don't care what
contractual obligations they have and see if I can get an extension from them
of any of those requirements.
Mrs. Kennedy: Why aren't they here tonight?
Mr. Odio: I don't know.
Mr. Plummer: Because they felt they were out of it.
Mr. Odio: They're out of this as far as they're concerned, so...
Mr. Bailey: I think, Commissioner, what the Manager's saying, what we've been
talking about, we need to have some decision from you as to whether or not
there's still a desire to have these units built and that the attorney was
quite correct, I have been in discussion with them for at least a month and
finding alternative ways just in case this Commission made such a decision
that the units were to be built. We have gotten our legal analysis which
indicates that the current arrangement perhaps may not fly so, I'm just saying
that is there is a decision to build the units, the strategy may change
somewhat and there may be some participation, but the units can be built.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: I think it's a consensus of this Commission that we want the
units built.
Mr. Portuondo: And we're going to do that. I think up until this moment,
we've had an individual dealing in control on this property with not having
interest in it for one year and maybe that's been the problem, but, evidently,
I understand from my client who just spoke to City Manager, City Manager is
going to the Swire people tomorrow and I've been in contact with them although
I have not been able to get a personal meeting with Mr. Traurig, he was too
busy. But I think, henceforth, that we'll be able to work out a good
relationship...
Mayor Suarez: Well, as an attorney, you always know how to get personal
meetings with other attorneys for other clients.
Mr. Portuondo: I keep writing to them, but evidently, I think maybe we can
revisit the issue if it's necessary, one of the parties will come forward.
Believe me, I think now a situation has developed in which there are two sides
to this contract as opposed to one side given to Mr. Correa is not no longer
present, we do have a seller and we do have buyer, I think it's in our joint
interest to make sure the property will go up and we will pursue that end. We
have the interest of doing so and the business market place will take its
roll.
Mayor Suarez: I guess we don't need to take any action. Commissioner Dawkins
and rest of us, he has requested, and I also feel and this Commission is
pretty much committed to completing this meeting by 9:00 p.m., so I think we
ought the outside item that's left and go back to the inside item and the
outside item that's left is the lobbying contract issue which is item 103, I
think or 104.
236 January 14, 1988
Mrs. Kennedy: And then come back to this item?
Mr. Plummer (Off mike): 104.
Mayor Suarez: I don't hear any motion being made on this item, I don't know -
I don't hear any motion being suggested on this item. We heard the report,
that's what it was, an item, it was a discussion item.
Mr. Dawkins: Somebody said something about giving it to the Manager to bring
something back.
Mayor Suarez: Yes, OK, I'll take that motion on that, that's obviously going
to be done anyhow.
Mr. Odio: Well, I don't believe there is a motion - I'll be talking to the
Swire Company tomorrow to see if I can get them to...
Mr. Dawkins: Yes, but if the Swire Company does not come through what? I
mean - all right, you're going to talk to the Swire Company and they say, hell
no, then we got to come back. I mean, let's get some closure...
Mr. Odio: OK.
Mr. Dawkins: ... if the Swire Company says, yes, what? If they say, no,
what?
Mrs. Kennedy: Right, because you'll be trying to talk for weeks.
Mr. Dawkins: So that we know what we're doing.
Mr. Odio: If they say, yes, Mr. Delgado has a commitment that he is committed
to developing the property. If they say, no, then we'll both sue him. —
Mayor Suarez: Do we need a motion to have the Manager report back on this? I
mean, you're obviously going to do that.
Mr. Plummer (Off mike): Report back at the next meeting. _
Mayor Suarez: OK, why don't you make...
Mr. Odio: Back in the second meeting of January...
Mayor Suarez: On the planning and zoning end?
Mr. Odio: Yes.
Mayor Suarez: Agenda, OK.
CONTINUED TO JANUARY 28, 1988
86. AUTHORIZE AGREEMENT WITH HOLLAND AND KNIGHT LOBBYING SERVICES IN
TALLAHASSEE.
--------------------------------------------------------------------------
Mayor Suarez: Item 1 - 0 - whatever it is, on lobbying; 104.
Mr. Odio: We interviewed quite a few people and companies and they're all in
front of you now. I don't know if you want to put this... on the record as
far as it's part of your packet and...
Mayor Suarez: Does the Manager have a recommendation?
Mr. Odio: Yes, I recommend Holland & Knight, after...
Mayor Suarez: What is the price tag that comes with that?
Mr. Odio: I would suggest that you set up to a limit and then we negotiate.
Or, unless you want to...
237 January 14, 1988
Mayor Suarez: Oh, I see what you're saying. In other words, you're not
recommending them and, in addition, recommending the price tag that comes with
it. You're saying you're recommending them and then...
Mr. Odio: Yes.
Mayor Suarez: ... leave the amount to be negotiated.
Mr. Odio: If you so wish.
Mayor Suarez: Do you want to state the reasons why you're recommending them?
Mr. Odio: Well, they asked for $150,000 and that's what they asked to in the
interview so like the others did and I don't know if you want us to negotiate
with them on this price or just what to...
Mayor Suarez: But, no, you want to tell us the reason why you recommend them
other than the price. The price you're saying you're going to negotiate.
Mr. Odio: Yes, I can list the reasons. The size of the law firm, they have
over 55 to 60 attorneys plus the corresponding relationships, they also have
an office in Tallahassee, full time office in Tallahassee plus seven other
offices throughout the state, which might seem insignificant at this time, but
they have offices in locations throughout the state where the senators with a
lot of influence reside and that's important. And they do have a relationship
with those senators in those areas. They have also offices in Washington,
D.C. and they also have extensive experiences in the field of both lobbying
and in bond council. They have a minority participation...
Mayor Suarez: Are they proposing to joint venture with somebody and if so,
with whom?
Mr. Odio: They have - I don't have the names here.
Mayor Suarez: Or subcontract or whatever the term is.
Mr. Odio: They will be subcontracting with black, Hispanics and minorities in
this case.
Mayor Suarez: They're committed to...
Mr. Odio: They are committed to that. Based on that, and with their
reputation, I have no qualms in recommending them. That doesn't mean the
others were not as good, but...
Mayor Suarez: I don't know how to handle this other than to ask each of the
various applicants to go ahead and make a presentation and keep it to a
reasonable amount of time in view of the time of day here and the fact that we
do want to conclude this by 9:00 P.M. I just...
INAUDIBLE COMMENTS.
Mayor Suarez: Senator Steinberg. By the way, I tried to check on what it was
that gave you the impression that this item would be considered earlier on in
the day and I asked the Manager to check that through and I hope somebody got
back to you. And, if not, my apologies, it was sort of a last minute thing as
I explained to you on the phone.
Senator Paul Steinberg: That's why I came late anyway. Mr. Mayor, members of
the Commission, my name is Paul Steinberg. I live at 900 Bay Drive, Miami
Beach and I'm an attorney with offices in Dade County. I submitted an
application in association with the Tallahassee law firm of Ervin Varn Odom
Kitchen to serve as lobbyists for the City of Miami. My background, I've
lived in Dade County for the last 30 years. I served in the Florida house and
Florida Senate from 1972 to 182, chaired many of the committees that handles
governmental affairs, served as chairman of the Dade County Delegation in 1980
during the riots and obtained most of the funding that was talked about
earlier in Liberty City that the state did supply. The Ervin law firm in
Tallahassee is involved in lobbying for numerous clients and I thought it was
a feather in my cap and the City of Miami's cap to have their firm agree to
serve as co -lobbyist for the City. They have been attorneys in Tallahassee in
excess of 30 years. Bob Ervin was the president of the Florida Bar and held
238 January 14, 1988
s
s
national offices in the Bar Associations. His cousin, Richard Ervin, was the
former Attorney General of the State of Florida and Chief Justice of our
Supreme Court. He is counsel with the firm and has been with that firm since
he retired from the bench. Former Governor Leroy Collins is a member of that
firm. Robert King High, Jr., who used to work for me as a legislative aide
and who is now married to a Supreme Court Judge's daughter, is a partner in
that law firm and lobbies for the firm. Perry Odom, member of that firm, is
probably the premier insurance lobbyist in the State of Florida. Joe Jacobs
is the primary lobbyist for municipal electric companies and for
administrative matters dealing with professional regulations. They agreed to
share the responsibility with me so that we would have a Miami presence and a
Tallahassee presence. We said we would handle the matter for $100,000, plus
out of pocket expenses which would never exceed $20,000, and our estimate was
probably between three to five thousand dollars out of pocket. So it would be
$105,000 to $1100000.
Mayor Suarez: Not much traveling on that, I guess.
Mr. Steinberg: The answer is, it basically is my traveling from here to
Tallahassee. I have maintained my home in Tallahassee so I don't need to rent
hotels. If you travel up and back every week of the session, and for the
legislative meetings once a month, it can come to more than $3,000 during a
year. So, with me here and them there, it would give the presence. I am a
small law firm in Miami, we only have four members in our law office. We have
been involved in lobbying locally for this Commission, County Commission,
other cities and in Tallahassee and with their firm, which is about a 30
member firm, we felt we would have the clout here and there. I'm also
admitted in Washington, D.C.. I do not have an office there right now but I
am an attorney in the City of Washington, D. C. in the District of Columbia,
have been licensed there for over 20 years and have maintained an office there
until very recently. So we felt we could give you a cross section, at a price
in excess of $50,000 lower than what we had heard offered. I am sorry that I
did apply and was interviewed by the City Manager's office and I appreciate
the fact that they did interview us. When I wasn't sure what time the meeting
was today, both Perry Odom and Governor Collins were prepared to fly here
today if they knew whether it was going to be morning or afternoon, and not
hearing back from you, Mr. Mayor, I didn't know and I kept checking during the
day. But both gentlemen, with Joe Jacobs, would have been here today to speak
for you. I know the City Manager has recommended Holland & Knight which is a
very fine law firm. I've worked with Chesterfield Smith who's the managing
partner. His daughter works for the Ervin Varn firm in Tallahassee and she
does some governmental work for them. So the answer is, and Chesterfield
Smith and I have been co -counsel before the Florida Supreme Court. I've
worked with their firm. They represent me in a matter here in Miami so I have
no problem with their...
Mayor Suarez: That wasn't the constitutional amendment case, was it?
Mr. Steinberg: That was the constitutional amendment case that Chesterfield
and I argued in the Supreme Court.
Mayor Suarez: Hope you do better next time.
Mr. Steinberg: We won. We won the case and Chesterfield and I shared that
argument.
Mayor Suarez: Oh, not the one I was thinking about, I...
Mr. Steinberg: No. No, Chesterfield and I argued that case in the Supreme
Court and the Supreme Court ruled for us. So I know they're a very fine firm,
they do have offices here and in Tallahassee. That's what we, as a
legislative lobbying team, intended to offer the City of Miami and if we are
not selected this year, we would hope to have the right to come back next year
because I plan to be in the community and being in Tallahassee lobbying for
other clients, non -municipalities this year, as will the Ervin Varn firm and
we'd like the opportunity to make a presentation for you if we're not selected
this time, next year because we would like to serve the City of Miami
legislatively both here and there.
Mayor Suarez: Thank you, Paul. Let me tell you, I am particularly grateful
to the fact that you've already begun, on our behalf, assuming that the
recommended firm is awarded the contract, you've already begun the process of
239 January 14, 1988
negotiating for us by setting a lower price because you know how I stand on
the amount of money. I don't know why Reed over there is smiling, but you
know how I feel about paying $150,000 for lobbying when I really still think
that most of the lobbying is done by us, by this Commission and that what we
need in Tallahassee is a facilitating and a monitoring component which can be
gotten for less than $150,000.
Mr. Dawkins: That's just his opinion, I know that you have to have people to
open doors and shake hands and get you into the places where you can talk, OK?
_ Mrs. Kennedy: Right, plus lobbying is not only - oh, I'm sorry, are you
finished, Commissioner?
Mr. Dawkins (Off mike): Yes, darling.
Mrs. Kennedy: Plus, lobbying is not only two months out of the year any more,
committees are year round and you really need somebody there to do the work
for you then we can wrap up the deals.
Mayor Suarez: Let me say that I have gotten some calls from state
representatives and senators on their feelings about the various applications
and some of them have said that they really feel that we can go better in
house ourselves, and one call that I got yesterday specifically, but I also
see here the heads of the two - two of the principal unions in the City. Do
the unions have any opinion on all of this? You do a lot of...
UNIDENTIFIED SPEAKER (Off mike): We'll do it.
Mayor Suarez: You'll do it?
INAUDIBLE COMMENTS.
Hayor Suarez: In any event, any other presentations? You're applying,
Stuart, what are you raising your hand for?
INAUDIBLE COMMENTS.
Mayor Suarez: You are? I didn't know about that.
Mr. Plummer: Yes, his application's...
Mayor Suarez: I didn't see that. Counselor.
—
Mr. Reeder Glass: Mayor, Commissioners, my name is Reeder Glass from the firm
-
of Holland & Knight. I'm a little ambivalent about how much to say about
—'
this. Unfortunately, this agenda item out -lasted my partner who is here from
Tallahassee, who flew down and spent the whole day waiting for this, but,
-_
unfortunately, the last plane left - Martha Barnett, some of you had the
s
opportunity to meet her. I'm fully confident that the firm of Holland &
MEN
Knight is well capable of rendering the kind of services that the City needs
In Tallahassee as well as Washington. We have had an office in Tallahassee
for many years, we have eight lawyers that are registered as lobbyists there.
We have a long list of clients for whom we lobby. On that basis, I'm prepared
to compare our statistics and our people with anyone. We have a Washington
office with three lobbyists that are registered there in that office so
whether that's important now or not, it's an extra that I think essentially is
not paid for. Our statewide presence gives us a relationship with legislators
from around the state and I think it's important now in this era of mega -
lobbying where there's really usually no one person that has enough of a
relationship to swing an issue and we intend to bring all of our resources to
_
bear to represent the City of Miami in Tallahassee and here. In addition,
_
we've given back a lot to this City through pro bono activities and other
things. We've represented the City, not only as the bond counsel, but also in
the Meeks case and also in other cases where we were dealing with affirmative
action so we believe that in that process of giving back to the communities
some of the things it gives to us.
Mayor Suarez: We attribute to you the legacy of Linda Anhelser and the things
that she did on a pro bona basis.
_ Mr. Glass: Well, you also should attribute it to Chesterfield Smith and
Marilyn Hollifield because both of them have been involved in those two cases
240 January 14, 1988
I mentioned on behalf of the City, either defending them or in filing a suit
on their behalf. And finally, I think the important aspect is that we've
assembled a team that, I think, represents the strongest group of individuals,
together with the firm, to represent your City, this City in Tallahassee.
I've spoken personally with each of them, we've had extensive discussions,
they have legislative experience, they also have a unique capacity relative to
urban issues and redevelopment issues and also experience with respect to the
City's issues in the last two years. So I believe not only the firm is well
qualified to be the consultant, but we've assembled a group that, I think,
will do an outstanding job. With respect to the contract price, we have no
indication to indicate that the amount necessary to do the job has changed
from the amount paid in the past two years. This is why we propose that the
contract be continued on the same terms and conditions. What I would urge the
Commission to do is, rather than go for the lowest amount that you can
negotiate, that you look at the contract in mid term, assess the value that
has been rendered, and I can assure you that we're prepared to sit down and be
reasonable in the amount. At this point, we have no indication that that
number should be less and with due respect to the Mayor's philosophical
position on the question, I think that's a matter to be debated within the
Commission. At this time, we feel like that the number is reasonable
considering the team we've assembled and what we're prepared to undertake.
Thank you.
Mr. De Yurre: What does your team consist off
Mr. Glass: John Hall, John is experienced in Washington, D.C., that's where
he's from, in addition he has a great deal of experience in redevelopment and
urban issues and we consider that to be important aspect as we look for money
for the City and always, not only in Tallahassee but also under grants and
other opportunities. Humberto Cortina who is a legislator who has also been
with the City brings a vast amount of experience in Tallahassee and not only
there, but also in the delegation here and across the state. And Julio Rebull
and Pedro Roig were with the consulting team that represented the City over
the last two years and developed valuable resources and experiences and
contacts to that process which we think that we can turn into a realization
for the City under the contract with us.
Mayor Suarez: Counselor.
Mr. Humberto Aguilar: Mr. Mayor, my name is Humberto Aguilar and I'm with the
firm of Fernandez Calby Fernandez & Aguilar. We presented our proposal, I
guess, two days ago. It was late; I did not know that the bids or the
requests were asked before, but I come to you because I feel...
Mayor Suarez: This is not the most orderly process but I can guarantee you
that, and I see Paul shaking his head, but I can guarantee you that it was
better than last year's.
Mr. Aguilar: We weren't around last year for this proposal or for this bid
but we put in a proposal that I think it's the fairest possible proposal.
MOM
Each Commissioner was rendered a copy of it two days ago. In our proposal we
have assembled, I think, a team that represents our community. Most of the
attorneys in our firm, except for those that have just come into our firm,
= Gene and Edgar Kahn, are native Miamians, a product of the local high schools
9 and a product of our universities. But, we have also made contacts and begged
people in Tallahassee to let us have an office. To let us be co -lobbies with
them and we have acquired a commitment from the firm of Slepin and Slepin, who
have been house counsel for various governors in the State of Florida. On top
_ of that, our proposal calls for $60,000 tops. We have not programmed one cent
of that for profit to our firm. Not one cent. If the partners get involved
and go to Tallahassee to lobby...
Mayor Suarez: See now, you got my attention.
Mr. Aguilar: Well, we believe the City shouldn't have to pay for its own
citizens to go up there. We have built in our proposal that we will hire the
former lobbyist for Dade County, that's Bill Hampton, who was a lobbyist for
19 years for Dade County and he will be up there and as one of the
Commissioners said before, it's not a part time job, it's a full time
operation. I think if the Commissioners look at our proposal, and look at the
Individuals involved, and take into consideration the fact that the partners
Involved in this venture will pay, out of their own pockets, non -reimbursable
241 January 14, 1988
expenses to travel to Tallahassee, I think that we are the logically best
choice suited for this. As to experience, well, we don't have any lobbying,
but we represented - my firm represented several people involved in the Meeks
vs. Governor Martinez' case, and we won that. We will bring to Miami more
money that's entitled...
Mayor Suarez: That's for the reallocation on a more fair basis and taking
into account minorities of all HRS funds for food programs and elderly
programs of all sorts.
Mr. Aguilar: Older Americans Act Funds.
Mayor Suarez: Congratulations on that victory. I hope that the problems with
the area agency for the aged or whatever do not create a problem with the
conclusion of that lawsuit and result in our getting the benefits we're
supposed to get.
Mr. Aguilar: No, I think we're very close to settling all that right now.
Mayor Suarez: Beautiful.
Mr. Aguilar: I took the liberty to speak with both Senator Meek and Gordon
today and yesterday...
Mr. Dawkins (Off mike): Didn't you share in that with your partner? Weren't
you a part of that?
Mr. Aguilar: ... I believe Senator Gordon doesn't believe we need a lobbyist
from the City of Miami but both of them are very responsive to the idea that
our firm should selected to be the lobbyist for Miami and...
Mayor Suarez: Let me interject one thing, if I may. Reeder, in the event
Holland & Knight is chosen, I hope you take note of the fact and avoid a
situation such as happened in this lawsuit where the City's lobbyist, which in
this case was a law firm, was representing the defendants in a lawsuit that,
you know, we felt frankly that the plaintiff's position made a lot more sense
for our citizens, and you'll avoid those kinds of potential conflicts.
Mr. Glass: Yes, I've already talked to the City Manager's office about that
issue and about conflicts and we're very sensitive about that issue. By the
way, we were co -counsel in that particular case in Meeks vs. Martinez. Thank
you.
Mr. Aguilar: Yes, your honor, they were.
Mayor Suarez: On the plaintiff's side.
UNIDENTIFIED SPEAKER: Yes.
Mr. Aguilar: Yes, your honor, they were. Your honor, I don't have anything
else to add except that I think if the City of Miami wishes an effective
service in Tallahassee, we are the logical choice because, built in again,
we're not going to make a penny out of this and I think the City will benefit
more. Thank you.
Mayor Suarez: I might add this is not the only presentation you ever made at
City Hall where you made an argument totally in the public interest. We
appreciate it. Although I thought you were going to make it that we didn't
have to pay you anything if we didn't think that your services were worth
anything at the end of the year. A sort of Donald Trump type proposal to the
City of New York.
Mr. Aguilar (Off mike): We decided that we were not going to charge for our
services. Built in our plan is Bill Hampton required the salary...
Mayor Suarez: I noticed the change, yes. Anyone else? Stuart. You're not
going to travel by hydrofoil to Tallahassee, are you?
Mr. Odio: He's the head of the submarine squad.
Mr. Stuart Sorg: Yes. Mr. Mayor, I'm Stuart Sorg. I'm a resident of Coconut
Grove. I always enjoy being in the midst of a sea of attorneys and that's
242 January 14, 1988
where I am today. I want to say that I feel that people that are active in
the City, who've been active for years...
Mayor Suarez: You're not a lawyer by any chance, are you in addition to your
other expertises?
Mr. Sorg: No, sir. But I do feel that there ought to be an opportunity for
people who are very active and who live the City to have an opportunity to
represent the City in Tallahassee and let me just say, I also enjoy the
opportunity of being a Seal Commander, we always operate in big areas alone
and I do a very good job. I just came out of Honduras recently, alone in
Honduras with a bunch of people and enjoyed that and what...
Mayor Suarez: Not a military mission.
Mr. Sorg: No, sir, that was, yes she was. But what was interesting is out of
one day into Tegucigalpa we got the whole Honduran delegation up here. That
was a good lobbying effort, I only had one day and I don't speak Spanish. So
that was pretty good. My effort today is only to come forward and say I have
a proven track record...
Mayor Suarez: I'm sure you took somebody with you who spoke Spanish.
Mr. Sorg: No, I honestly, no, I didn't. You always communicate. I just have
a proven track record of accomplishments in the City. I don't believe any
lobbyist that's going to be here today that can show that they produced a
million dollars in revenue for the City on projects they worked such as the
Dinner Key Marina and the Yacht Club so I look back and I've given this City a
- great deal and I'm proud of that and I can't hold up legal cases that I've won
or something of that sort, but nobody's a greater fighter than I am and I
think the hydrofoil stands by itself. For six years, that was coming and it's
going to come and I think we'll be proud of it and I appreciate the
opportunity to speak to you.
Mrs. Kennedy: Stuart, in 30 seconds because I don't want to deviate from
this, can you tell us how the hydrofoil's going? How is it doing?
Mr. Sorg: We are now entertaining numerous bids to get it operational. We
are dealing on the minority level, we are trying to keep it so we deal with
the Equal Opportunity Act and, hopefully, by next week, the engine will be
pulled out to be overhauled and 60 days, we'll be running the sea trials if
all goes well.
Mrs. Kennedy: Great, thanks.
Mayor Suarez: It's been suggested that you demonstrate some incredible
lobbying ability when you convinced this Commission to lend you the money for
the hydrofoil and that should be taken into consideration.
Mr. Sorg: Yes, sir. Thank you, sir.
Mayor Suarez: Anyone else? OK, Commissioners.
Mr. De Yurre: Mr. Mayor, I'm ready to make a motion, but my motion is based
on a cap of $125,000 and that is that, after listening to all the
presentations and certainly being impressed by the caliber of applicants that
we've had, I'm going to go along with the recommendation of the City Manager
that Holland be Knight along with the supporting cast of lobbyists be awarded
the contract. Again, with a cap of $125,000 and then with the other $25,000,
that that money be set aside for expenses that the Commission would incur in
traveling and going and lobbying up at Tallahassee.
Mayor Suarez: But that's a cap too, you don't expect that we necessarily...
Mrs. Kennedy: Let me ask you.
Mr. De Yurre: That's it, that would be a cap.
Mayor Suarez: I mean, it might conceivably be, we'd spend a lot less than
twenty-five.
Mr. De Yurre: I expect it to be a lot less.
243 January 14, 1988
-_- - -- ,,
Mrs. Kennedy: Commissioner, had you addressed this problem with - or this
Idea with them, have you talked to them you're just bringing it out, OK.
Mr. De Yurre: No, I'm just bringing it out right now. Then the time for them
to speak up, see if they're in accord.
Mayor Suarez: So moved.
Mr. De Yurre: Our expenses, Commission expenses.
Mayor Suarez: Do we have a second? I'm sorry? Madam City Attorney.
Mrs. Dougherty: My question was, is that $125,000 include their expenses?
Mayor Suarez: Including their expenses?
Mr. De Yurre: Yap.
Mayor Suarez: Absolute cap. They have to absorb their expenses. Is that a
motion?
Mr. De Yurre: Yes.
Mayor Suarez: Do we have a second?
Mr. Plummer: You see, I have a different opinion as the Mayor. I don't think
that a dollar figure is all that important. I think what's important is how
they represent us and what they bring home in the way of the goodies from
Tallahassee. And I think that's very important and it's not going to come
cheap. We realized that in the past and I think you just may be limiting them
too damn much and you'll force them to take less trips or maybe, you know,
have a little bit less representation and that's my area of concern.
Mr. De Yurre: What I'm taking into...
Mayor Suarez: I just have to say, if you did it on the basis of what is
brought back to Miami, you'd have to give it to the firm that had it last
year. Because that was a fantastic year for the City of Miami. Anyhow, I
just don't think there's a correlation there necessarily, but...
Mr. De Yurre: You know, I've taken into consideration the fact that they have
offices already in Tallahassee so it isn't a matter of additional expenses.
They already have their overhead set and things of that nature, so I'm taking
that into consideration also.
Mr. Plummer: I would second the motion based on justifiable expenses being
paid up and beyond that figure but you indicated that isn't what you want.
Mayor Suarez: We have a motion. Do we have a second? Going, going...
Mr. Dawkins: J.L. say he seconded it if he'll accept that...
Mr. Plummer: No, well he didn't - he said he wouldn't accept that. He wanted
to keep the over twenty-five in reserve.
Mr. Dawkins: OK, well I'm going to agree with - I've said this before and I'm
going to say it now, if you buy a Volkswagen, you get Volkswagen performance.
If you buy a Rolls-Royce, you get a Rolls-Royce performance. Now what do we
want? Do you want to ride in a Volkswagen or do you want to ride in a Rolls-
Royce? Now I do not want to ride all the way from here to Tallahassee in a
Volkswagen, it's too crowded, OK? So, therefore, I'll make a motion - I mean,
In it decided we're going to use Holland & Knight? You all have agreed on
that?
Mayor Suarez: That was part of that motion.
Mr. Plummer: That was part of it.
Mr. De Yurre: I got to stick with the Cadillac, that's the problem that I
have.
244
January 14, 1988
Mr. Dawkins: Where's the Herald? Where's the Herald? He's got a Cadillac.
So I would go with - well like - I would go with $125,000. If J.L. make the
motion, I'll second the motion for a hundred and twenty five and documented
receipts for expenses.
Mr. Plummer: I'll so move.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Assuming the first motion was never
seconded, which it wasn't.
Mr. De Yurre: How about including in the other twenty-five, the Commission's
expenses?
Mr. Plummer: Victor, you don't need that, we are, at all times, approved for
expenses to go on City operated trips.
Mr. De Yurre: Out of what budget?
Mayor Suarez: Within our budgets typically.
Mr. Plummer: Yes, well, especially if it's within your line item budget.
Mayor Suarez: Right, but he's saying outside of our budgets. We had a lot of
problems with that last year, I know I did.
Mr. Plummer: No, I didn't. Well, Mr. Mayor, here again, I'm sure that your
expenses were covered as far as your trips to Tallahassee.
Mayor Suarez: I don't care. OK, we have a motion and a second.
Commissioner, do you want to add anything?
Mr. De Yurre: Where are we at then? One twenty-five plus expenses that they
can...
Mr. Plummer: Justifiable expenses.
Mayor Suarez: As determined by?
Mr. Plummer: By submitting of the bills.
Mayor Suarez: As determined by? The Manager?
Mr. Plummer: Oh, that's fine with me.
Mayor Suarez: You're not expecting to come back to the Commission for
approval of expenses.
i Mr. Plummer: No.
® Mayor Suarez: Thank you.
Mr. Odio: Can you put a cap to this?
Mr. Plummer: Sure.
Mr. Odio: One -fifty.
Mrs. Kennedy: Yes, no more than one -fifty.
Mr. Odio: In other words, that the expenses would not exceed another $25,000
because...
Mr. Dawkins: You know, you're dealing with professionals, these people here, all right? Now, they have heard individuals say what they're going to do it
for, OK. You don't have to worry about Holland & Knight going above $125,000
when you got a guy saying, I'm going to do it for sixty and then they expect
to do it next year too. OK? I mean, let's - they've got that much
Intelligence.
245 January 14, 1988
Mr. Plummer: Well, I think what the Manager is saying is reasonable. There
should be a cap and that cap should be one -fifty total. What was it last
year? Is that what it was last year, one -fifty total? Only thing we're doing
this year is that we're spelling out that the hundred and twenty-five is what
the fee is and the twenty-five is to be used for expenses based upon
justifiable receipts. With still the cap of one -fifty.
Mr. Dawkins: Call the roll.
Mayor Suarez: Is that the motion? And is that seconded as such?
Mr. Plummer: We'll make a cap on it and so to address your concern and that
is that those bills will be approved by the Manager.
Mayor Suarez: Anything else from the Commission?
Mrs. Kennedy: Well..
110i Mayor Suarez: Vice Mayor.
Mrs. Kennedy: I don't know, I was taken by surprise because this is something
that should have been talked over with them. I assume that you can do it for
that price, Reeder?
Mr. Glass: To be honest about it, I think that this is not a quantifiable job
that you can say that you can do or not do for a certain number and that's the
difficulty. And, you know, I appreciate the discussions and we've discussed
It and if I thought that the number should have been one twenty-five instead
of one -fifty, I would have suggested it. This is going to be a subjective
determination by you about whether or not we've accomplished what you think we
should have. The difference, quite frankly, is not important to us because
- we're not taking this and we're not applying for this in order to make money.
By the same token, I'd like to feel like that the City felt that they got a
good job and they were happy with it. So, whether or not it was a hundred and
fifty and you were unhappy, or it's one twenty-five and you were unhappy,
- we're in this and in the community for the long term. Now, the City wants
to...
Mr. Plummer: How about speaking to the motion?
Mr. Glass: I thought I was, Commissioner, but maybe I was doing it too long a
time. The point is, the $25,000 that you want to use for expenses has to
relate, in effect, to your contribution to the lobbying effort. If, in fact,
that's the sense of the motion, and that we're going to be able to derive
benefit that we can look at relative to this effort, then I'm prepared to
accept the combination because then, what you're really saying is that the
City of Miami wants to form a joint venture with Holland & Knight to do the
lobbying in Tallahassee and you want to allocate up front $25,000 potentially
for that effort. That being the case, if that is the sense of the motion,
then we are prepared into it, blindly without any idea, except what you have
when you have a law firm, is a fiduciary obligation to complete the
assignment. Whether we make a mistake on the fee or not, does not relieve us
of the obligation.
Mr. Dawkins: That's not what I meant, because I have my own travel budget and
I have enough trouble with The Miami Herald keeping up with where I go without
my having them say I went with Holland & Knight. OK, all right, that In not
what I meant.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Call the roll.
246 January 14, 1985
h
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-88
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE FIRM OF HOLLAND rs KNIGHT,
ATTORNEYS, FOR LOBBYING SERVICES FOR THE CITY IN
TALLAHASSEE FOR CALENDAR YEAR 1988 AT A FEE OF $125,000
PLUS $25,000 FOR JUSTIFIABLE EXPENSES, FURTHER STATING
SAID EXPENSES ARE TO BE JUSTIFIED TO THE MANAGER BY MEANS
OF PAID RECEIPTS AND MUST BE APPROVED BY THE MANAGER.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Let me just say that during the Watergate hearings they had a
term for the senator from Alaska, and I am going to use that right now for my
vote: ain't no wayl No, I vote no.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: Thank you, this Commission is adjourned. Yes, Don.
- Mr. Don Teems: Mr. Mayor, real quick, the firefighters statewide have an
organization called the Professional Firefighters of Florida. They are the
lobbying arm for firefighters Statewide. We have a full time office in
Tallahassee. I happen to be the vice president and one of the two chief
lobbyists on behalf of firefighters and will be there during the whole session
and on the committee meetings. If anybody on this Commission, or the City, or
the City's lobbyists need anything that we can do to help bring money, or
anything else back to this City, we are absolutely at your disposal.
Mayor Suarez: Thank you, Don. We appreciate it. That is why I mentioned
that. Really in all seriousness, you could be a big help.
$7. RESCHEDULE SECOND REGULAR COMMISSION MEETING OF JANUARY.
Mayor Suarez: We've got one procedural item that we have to do and then one
substantive that we are requested emphatically to do by the Off -Street Parking
Authority which has to do with their five year plan. I don't know how the
Commission feels about that, but let me do the procedural one first. We need
to resolve the second regular City Commission Meeting of January, 1988 is
hereby rescheduled to take place at 4:30 p.m. on January 28th. I'll entertain
a motion on that.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: I'll be happy to.
Mayor Suarez: Seconded. Any discussion? Call the roll.
947 January 14, 1988
4 ON
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-89
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF JANUARY, 1988 TO TAKE PLACE ON
JANUARY 28, 1988 COMMENCING AT 4:30 P.M. ON SAID DATE.
(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.
----------------------------------------------------------------------------
88. APPROVE IN PRINCIPLE DEPARTMENT OF OFF-STREET PARKING "FIVE YEAR
STRATEGIC AND FINANCIAL OPERATIONS PLAN".
-------------------------------------------------------
_ Mayor Suarez: Jack, have you had an opportunity to brief all of the
Commissioners and ------- Is there anyone that has a problem with your five
year plan?
Mr. Jack Mulvena: All the Commissioners have been briefed with the exception
of J.L.
Mrs. Kennedy: I have no problems, I just wanted a closer update of the Latin
Quarter and perhaps better more than an update, I'd like for you to start
acquiring those lots so we can start moving ahead.
Mr. Mulvena: Well, Commissioner, here's what we're faced with. You know,
earlier this morning, the Commissioners gave us back our quorum so we could
conduct business. If we don't get the five year plan approved with
commitments, we can't enter in any contracts like Arena parking and the Latin
Quarter. So, you know, if we don't get approval, we're out of business for
another month. So, that's what we're faced. Mayor.
Mayor Suarez: Yes, Jack?
Mr. Mulvena: The point I was making is that you gave us our quorum back this
morning. If we don't get our five year plan approved with the commitment for
its components, I can't enter into contracts with Arena parking or Latin
Quarter.
Mayor Suarez: I would go ahead and move it. I think that we've had so much
opportunity. We've approved each one of those items.
Mr. Mulvena: You have, yes.
Mayor Suarez: By itself. I am thoroughly familiar with them, I think the
Commission is. Commissioner Kennedy, do you want to...
_ Mr. Mulvena: If we could have a motion, I would appreciate it. I could then
start signing contracts to tell you the truth.
Mayor Suarez: I don't think that, frankly, I mean I'm hopeful that you would
be able to do all of these things in short order, but I'm not that optimistic
and then I hope that at least our resolution will help you along.
248 January 14, 1988
is
Mr. Mulvena: Yes, well that's what we Mould need in order for me to do
business, Mayor.
Mayor Suarez: Do you want to move it? !loved. Do you want to second it,
Commissioner De Turret Second. Any discussion? Call the roil.
Mr. Mulvena: Thank you.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-90
A NOTION APPROVING IN PRINCIPLE THE DEPARTMENT OF OFF-
STREET PARKING "FIVE YEAR STRATEGIC AND FINANCIAL
OPERATIONS PLAN."
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYESs Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: Commissioner Dawkins was absent during roll
call, although the Clerk inadvertently called his name.
Mr. Mulvena: Thank you, Mayor, thank you, Commissioners.
TORRE MING NO FURTHER BUSINESS 20 COME MORE THS CITT
CONNISSICi. 22M MMING WAS ADJOURNBD AT 9:02 p.m.
ATTEST:
Natty Hirai
CITY CLZRK
Waiter J. beaus
ASSISTANT CITY CAM
Xavier L. Suarez
N A Y O R
r r*Pl
CITY OF MIAMI
DOCUMENT INDEX
STRONGLY URGE THE DIVISION OF PARI-
MUTUAL WAGERING OF THE FLORIDA
DEPARTMENT OF BUSINESS REGULATIONS TO
ASSIGN THE HIALEAH PARK RACE COURSE THE
MIDDLE RACING NIGHTS FOR ITS 1989 MEET.
ACCEPT BID: BERGER SECURITY - SECURITY
SERVICES FOR GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE DEPARTMENT
ACCEPT BID: BOYS ELECTRIC, INC. -
FURNISHING OF 300 25 KVA TRANSFORMERS
TO DEPARTMENT OF PUBLIC WORKS.
ACCEPT BID: MARINA POWER COMPANY
FURNISHING OF 643 UTILITY PEDESTALS TO
DEPARTMENT OF PUBLIC WORKS.
ACCEPT BID: LAKEVIEW KENNEL -
FURNISHING 10 GERMAN DOGS FOR THE
CANINE PROGRAM OF THE POLICE DEPT.
ACCEPT BID: BROWARD ELEVATOR SALES AND
SERVICE - FURNISHING OF LABOR AND
MATERIALS TO REPAIR THREE ELEVATORS AT
POLICE DEPARTMENT BUILDING.
ACCEPT BID: P.N.M. CORPORATION -
CITYWIDE SANITARY SEWER IMPROVEMENT -
N.W. 5TH AVENUE - PROJECT NO. 351274,
R E;CIND BID AWARD: FLORIDA COOL
SERVICE. ACCEPT SECOND LOWEST BID:
TEMPTROL AIR CONDITIONING, INC. - AIR
CONDITIONING MAINTENANCE SERVICES AT
COMPUTER DEPARTMENT BUILDING.
ACCEPT EXTENSION OF BID 86-87-010:
TEMPTROL'AIR CONDITIONING INC.- AIR
CONDITIONING MAINTENANCE AT POLICE
DEPARTMENT BUILDING.
ACCEPT EXTENSION OF BID 84-87-112: (A)
DR. RICHARD S. TEMPLETON - VETERINARY
SERVICES TO POLICE MOUNTED PATROL. (B)
KNOWLES ANIMAL HOSPITAL - VETERINARY
SERVICES FOR POLICE DOGS USED BY THE K-
9 UNIT.
JANUARY 14, 1988
PAW 1 OP
ml-mm cmM
88-1
88-3
88-4
8 8-5
88-6
88-7
88-8
88-9
88-10
88-12
r
r
DOCUMENT INDEX
z
w►W_oF_
..,
EXTEND EXISTING PROFESSIONAL SERVICE
AGREEMENTS WITH WILLIAM S. TEASDALE,
P.E. AND ELLIS-SNYDER-ASSOCIATES, INC.
FOR ADDITIONAL WORK IN CONSTRUCTION
PHASE OF DINNER KEY MARINA RENOVATION
AND EXTENSION PROJECT.
EXECUTE FOUR AGREEMENTS WITH:
(A) MILLER BREWING COMPANY, INC.
(B) ANHEUSER-BISCH INC. (C) KENWOOD
SPRINGS WATER INC., AND (D) SEA ESCAPE
LIMITED, INC. - PLACEMENT OF THE
ADVERTISING IN ORANGE BOWL STADIUM.
REPLACE LOST CITY OF MIAMI GENERAL
OBLIGATION BOND (175,000).
AUTHORIZE ACQUISITION OF PROPERTY FOR
EXPANSION OF FIRE STATION NO. 10.
DESIGNATE A SECTION OF STATE ROAD 9
(N.W. 27TH AVENUE) AS A LIMITED ACCESS
FACILITY.
SUPPORT METROPOLITAN DADE COUNTY MIAMI
RIVER CANAL SANITARY SEWER SPECIAL
TAZING DISTRICT - REQUEST FROM THE
COUNTRY, ESTIMATE COST TO INCLUDE AN
UNSEWERED AREA WITHIN THE CITY. .
RESCIND RESOLUTION NO. 85-770 WHICH ORDERED
COCONUT GROVE HIGHWAY IMPROVEMENT -
PHASE I - H-4511 - DESIGNATE PROPERTY
FOR SPECIAL ASSESSMENTS.
RESCIND RESOLUTION 85-1251 WHICH
ACCEPTED TENTATIVE PLAT "DEGARMO
ESTATES" - AUTHORIZE MANAGER TO PAY
$19,500 FOR BOND ON IMPROVEMENTS TO
PROPERTY OWNERS.
RESCIND RESOLUTION 84-324 WHICH
ACCEPTED TENTATIVE PLAT "LEVI'S ACRE" -
AUTHORIZE MANAGER TO PAY $2,900 TO THE
PROPERTY OWNERS FOR FORFEITED BOND FOR
IMPROVEMENTS.
ACCEPT PLAT: HOME TRACT.
ACCEPT PLAT: BAYSHORE VILLAS.
ACCEPT PLAT: LYNN SUBDIVISION
RETW AL CODE NO.
88-14
88-15
88-16
88-17
88-18
88-19
88-20
88-21
88-22
88-23
88-24
88-25
I
i
DOCUMENT INDEX
.3 OF.
,:j
RECOGNIZE TAX EXEMPT STATUS CLAIMED BY
CHILDREN'S HOME .SOCIETY OF FLORIDA.
APPROVE ADMISSION OF NEW MEMBER TO
SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION.(POLK COUNTY).
APPOINT TWO EMPLOYEE MEMBERS TO THE
CIVIL SERVICE BOARD. (STEVEN SMIGELSKI
AND HOMER WHITTAKER).
ALLOCATE $4,500 IN SUPPORT OF MARTIN
LUTHER KING JR. PARADE.
AUTHORIZE ADMINISTRATION TO DECLARE 12
SURPLUS CITY VEHICLES AS CATEGORY "A"
SIR°:IS STPCL? DPMATE SA,E TP SUB -COUNCIL
FOR CRIME PREVENTION IN LITTLE HAVANA.
AUTHORIZE ADMINISTRATION TO DECLARE
FOUR SURPLUS CITY VEHICLES AS CATEGORY
"A" SURPLUS STOCK. DONATE SAME TO
MODEL CITIES CRIME PREVENTION SUB -
COUNCIL.
AUTHORIZE CLOSURE OF DESIGNATED STREETS
CONCERNING 29TH ANNUAL ARTITS' DAYS
(TO BE HELD FEBRUARY 20-21, 1988 AT
VIZCAYA MUSEUM).
RATIFY CITY MANAGER'S ACTION IN WAIVING
CITY'S RIGHT TO CERTAIN REVENUES OWNED
TO THE CITY BY THE 1988 ORANGE BOWL
CLASSIC FROM SALE OF BEER AND ALCOHOL,
EXTEND BID FROM J & L FEED SUPPLY AND
HECTOR SUPPLY FOR ANIMAL FEED FOR
DEPARTMENT OF POLICE.
AGREEMENT WITH FAMILY HEALTH CENTER FOR
RENDERING PHYSICAL EXAMINATIONS FOR
CURRENT AND PROSPECTIVE CITY EMPLOYEES.
ACCEPT GRANT FROM BISCAYNE BAY
RESTORATION AND ENHANCEMENT PROGRAM FOR
STABILIZATION OF SHORELINE ALONG SEWELL
PARK - EXECUTE AGREEMENT.
EXECUTE USE AGREEMENT WITH UNITED
SPORTS OF AMERICAN FOR MOTORSPECTACULAR
EVENT AT THE ORANGE BOWL STADIUM.
RETWVAL CODE NO.
88-26
88-27
88-28
88-29
88-30
88-31
88-32
88-33
88.-36
88-37
88-38
88-39
OON
r
11
DOCUMENT INDEX
REQUEST ASSISTANCE FROM FEDERAL LAND
AND WATER CONSERVATION FUND PROGRAM
FOR ADDITIONAL IMPROVEMENTS AT THE
VIRGINIA KEY BEACH.
CITY COMMISSION POLICY THAT BANKS
REFUSING ASSISTANCE IN TARGET AREAS
WILL NOT PARTICIPATE IN OTHER CITY
PROJECTS.
CONFIRM REAPPOINTMENT TO OFF-STREET
PARKING BOARD OF DIANE SAULNEY SMITH
AND ARTHUR HERTZ.
SUBSIDIZING GARAGE ON 1ST STREET.
AUTHORIZE MIAMI INTER DESIGN PARTNER-
SHIP TO CONSTRUCT AND MAINTAIN THE
PEDESTRIAN OVERPASS (NORTHEAST 2ND
AVENUE).
EXECUTE AMENDMENT TO AGREEMENT WITH
FULLER &'SADAO, P.C. FOR PROFESSIONAL
SERVICES REGARDING BAYFRONT PARK &
REDEVELOPMENT PROJECTS.
REQUEST BY ASSOCIATION OF PRIVATE
BILINGUAL SCHOOLS FOR CLOSURE OF THE
STREETS IN CONNECTION WITH JOSE MARTI
PARADE.
ACCEPT PROPOSAL FROM MIAMI RIVER GROUP,
INC. FOR RESTAURANT OPERATIONS IN FORT
DALLAS PARK AND MAINTENANCE OF THE
PROPERTY WITH CERTAIN PROVISOS.
ACCEPT PLAT ENTITLED CLAUGHTON
SUBDIVISION ON CLAUGHTON ISLAND.
POTENTIAL PURCHASERS OF PROPERTY ON
CLAUGHTON ISLAND BOUND BY PRESENTLY
EXISTING REGULATIONS AND RESTRICTIONS.
AUTHORIZE ISSUANCE OF REVOCABLE PERMIT
TO THE BRIDGE INC. FOR USE OF THE
PROPERTY LOCATED AT 1145 N.W. 11TH
STREET AS A CRISIS INTERVENTION CENTER
FOR RUNAWAY YOUTHS.
SET FORTH NAMES OF NEWSPAPERS TO BE
USED FOR CITY ADVERTISING.(SELECTED
WERE: MIAMI NEWS, DIARIO DE LAS
AMERICAS, MIAMI TIMES, MIAMI REVIEW,
COMMUNITY NEWSPAPERS, PANORAMA HISPA-
NO/USA, PATRIA, PRENSA GRAFICA AND
THE MIAMI HERALD ONLY UNDER SPECIAL
CIRCUMSTANCES.)
4
88-41
88-42.1
88-44
88-44.1
88-45
88-46
88-47
88-50
88-51
88-52
88-54
88-55
v
r
.
DOCUMENT INDEX
mmz.cw.
r•f• r� f _
(A) AMEND RESOLUTION 87-1027-APPROVE
CORAL WAY TOWING INC.FOR ZONE 4 -
(TOGETHER WITH BLANCO TOWING,INC.,
A/K/A FREEWAY TOWING).
(B) APPROVE MOLINA TOWING INC „ SOLELY
FOR ZONE 3 (REMOVING DOWNTOWN TOWING
CO.INC. FROM ZONE 3).
ACCEPT GRANT - DEVELOP 125 UNIT RENTAL
HOUSING DEVELOPMENT - AUTHORIZE
EXECUTION OF CONTRACTS,
AUTHORIZE ADMINISTRATION TO EXECUTE
COLLECTIVE BARGAINING AGREEMENT WITH
MIAMI GENERAL EMPLOYEES (AFSCME,LOCAL
1907 UNION CONTRACT) FOR THE PERIOD
OCTOBER 1, 1987 THROUGH SEPTEMBER 30,
1990.
URGE FEDERAL GOVERNMENT TO REFRAIN FROM
REDUCING THE CITY'S FUNDING FOR
CONTINUATION OF INTERNATIONAL REFUGEE
ASSISTANCE PROGRAM.
AUTHORIZE ISSUANCE OF REVOCABLE PERMIT
TO AMERICAN BARGE CLUB, INC. FOR USE OF
BUILDING SPACE AT ANTONIO MACEO PARK
REGARDING ROWING PROGRIMS FOR YOUTHS
AND TEH HANDICAPPED.
APPOINT TWO INDIVIDUALS TO THE CITY OF
MIAMI YOUTH ADVISORY COUNCIL (ALBERT
RODRIGUEZ AND CAROLINA VILLAVERDE).
APPOINT CERTAIN INDIVIDUALS TO CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD:
(DARIO RESTREPO AND MARIA C. DE LA
ROSA) .
RATIFY CITY MANAGER'S FUNDING OF SOLE
SOURCE - WAIVE COMPETITIVE SEALED BIDS
AND APPROVE UPGRADING OF POLICE
DEPARTMENT'S AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM,
AUTHORIZE PURCHASE OF TWO PARCELS
LOCATED IN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA TO DEVELOP
HOUSING AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES.
INCREASE AMOUNT IN CONTRACT WITH
WILLIAMS PAVING CO FOR CONSTRUCTION OF
DOWNTOWN HIGHWAY IMPROVEMENT -PHASE
I-H-4498 - ACCEPT COMPLETED WORK.
88-56
88-57
88-58
88-59
88-61
88-62
88-63
88-64
88-65
88-66
v
.
DOCUMENT INDEX
mw=cw�
�■� J UAW gli. =1
AUTHORIZE AGREEMENT WITH REGINALD A.
BARKER, AICP, FOR PROFESSIONAL PLANNING
SERVICES REGARDING FINALIZATION OF THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1988-2000.
WAIVE SEALED BIDS REQUIREMENT -
AUTHORIZE ADMINISTRATION TO ACCEPT
LOWEST REPONSIBLE BID FOR PURCHASE OF
MOORING DOLPHINS IN CONNECTION WITH
"PIER 3 - MAJOR REPAIR".
WAIVE PROHIBITION OF APPEARANCE OF
FORMER CITY OFFICER BEFORE CITY
COMMISSION WITHIN TWO YEARS AFTER
LEAVING EMPLOYMENT (ESTHER FAVOLE
CONSULTING INC.)
AUTHORIZE ADMINISTRATION TO AMEND 13TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FINAL STATEMENT TO HUD
(INCREASE FEES $5,400,000. FOR FREEDOM
TOWER RESTORATION LOAN.
CALLING AND PROVIDING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION -
PROPOSED LEASE AGREEMENT WITH DINNER
KEY BOATYARD LIMITED TO OPERATE A FULL
SERVICE MARINA, SUBJECT TO PROVISO.
MODEL CITY PILOT LOAN PROGRAM PROJECT.
INCREASE CONTRACT WITH MIAMI CAPITAL
DEVELOPMENT REVOLVING LOAN FUND BY
$300,000. CONTRACT RELATED TO SMALL
BUSINESS DEVELOPMENT PILOT PROGRAM
IN MODEL CITY TARGET AREA.
GRANTING OF INTERIM AUTHORITY TO
BAYFRONT PARK MANAGEMENT TRUST FOR
NEGOTIATION OF CONTRACTS FOR USE OF
BAYFRONT PARK AND THE AMPHITHEATER.
OPTION OF ONE FREE DAY FOR USE OF
BAYFRONT PARK AMPHITHEATER FOR 1988
GRAND PRIX FESTIVITIES.
APPROVE COST FOR CITY SERVICES IN
CONNECTION WITH THE CUBAN
MUNICIPALITIES FAIR TO BE HELD AT
FLAGLER DOG TRACK -
AUTHORIZE CLOSURE OF STREETS IN
CONNECTION WITH COCONUT GROVE ARTS
FESTIVAL -CREATE TEMPORARY PEDESTRIAL
MALL -RESTRICT AREA TO RETAIL PEDDLERS.
88-67
88-68
88-69
88-70
88-71.1
88-72
88-74
88-77
88-81
87m82
DOCUMENT INDEX
wm' oF_
Me TM I RETREVAL CODE NO.
AUTHORIZE CLOSURE OF STREETS REGARDING
ORANGE BOWL RUNNING SERIES - GRANT USE
OF BAYFRONT PARK.
RESCHEDULE SECOND REGULAR COMMISSION
MEETING OF JANUARY.
87-83
88-89